More confusing communications on ECQ rules

WE have commented more than once on the vital need for the government to be clear in its messaging to the public about rules, guidelines and other important information regarding measures to manage the coronavirus epidemic. Unfortunately, there has been little improvement as the crisis has gone on.

One of our colleagues brought two new examples of confusing government information to our attention over the weekend, and there are some lessons in both of them. The first was a news item reported Sunday afternoon by CNN Philippines, describing guidelines issued by the Land Transportation Franchising and Regulatory Board (LTFRB) for the operation of UV Express public transportation utility vehicles, particularly vans. The second is an apparent serious oversight in a memorandum circular issued by the Department of Trade and Industry (DTI), which sets out the rules for rent concessions for small businesses and residences under enhanced community quarantine, as provided for by Republic Act (RA) 11469 or the “Bayanihan to Heal As One Act.”

As Metro Manila is under modified enhanced community quarantine (MECQ) until May 31, public transportation is not yet permitted to operate in the city, but it is now available in areas under general community quarantine (GCQ), including the nearby provinces of Bulacan, Rizal and Cavite. UV- type transport is used by many commuters from those areas to travel to work in Metro Manila, and with more people reporting for work beginning this week, that presents an obvious dilemma: if public transport in the National Capital Region is not permitted, how would those commuters who have no choice but to report to work be able to do so?

The simple answer would be to allow UVs with valid franchises — and of course, operated at lower capacity and in a sanitary manner consistent with anti-infection protocols — to ply their routes normally, as most of them operate on a point-to-point basis, with a limited number of stops in between to drop off passengers. As the problem was obvious as soon as the MECQ condition was announced and the solution to it is quite simple, the LTFRB could have issued the appropriate guidelines days ago, to give operators and passengers time to plan how they would travel.

What the LTFRB has done instead, according to the late Sunday report by CNN, is to require UV operators who wish to have access to Metro Manila from the neighboring provinces to secure an entirely new permit to do so from the agency. Exactly how the operators should accomplish that in time for the Monday morning commute after being informed of the requirement on Sunday afternoon was not explained.

The second problem, as it was related to us, involves a different lack of foresight, this time in the DTI. On April 4, the DTI issued Memorandum Circular 20-12, “Guidelines on the concessions on residential rents [and] commercial rents of MSMEs” (micro, small and medium enterprises). MC 20- 12 is essentially the implementing rules for the provision of RA 11469 that allows suspension of rent payments by residential and small business tenants during the ECQ period.

The key statements in the circular is this: “A minimum of 30 days grace period shall be granted on rents [for residents and for MSMEs that have not operated] falling due during the ECQ, without incurring penalties, interest, fees and other charges.” The grace period is from the last date rent was due within the quarantine period, according to the circular.

Apparently, the rules have created a great deal of confusion for renters and landlords alike, and do not take into consideration that businesses that have not operated or tenants who have not worked during the ECQ period likely do not have money to pay rent immediately after restrictions are lifted. For example, a tenant whose rent due on April 1 and May 1 is covered by the rules, but on June 1 — the day after the MECQ is supposed to end — her rent is due for the coming month, as well as a portion of the past due rent, which is supposed to be paid on an installment basis.

We understand that the government has an enormous task in managing a seemingly infinite number of details in the effort to defeat the novel coronavirus and restore the economy. But every one of those details is critically important to real lives and livelihoods. Better care must be taken to consider their implications, and communicate them in the simplest possible terms.