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Monday, May 31, 2021

DTI Memorandum Circular 21-19 for On-site Operational Capacity of Business Establishments, Person or Activities Allowed to Operate in Areas Under GCQ and Other Community Quarantine Classifications

ON-SITE OPERATIONAL CAPACITY OF BUSINESS ESTABLISHMENTS, PERSONS OR ACTIVITIES ALLOWED TO OPERATE IN AREAS PLACED UNDER GENERAL COMMUNITY QUARANTINE WITH HEIGHTENED RESTRICTIONS AND OTHER COMMUNITY QUARANTINE CLASSIFICATIONS


WHEREAS, based on the updated risk classification in all Provinces, Highly Urbanized Cities and Independent Component Cities in the country, placing localities under different classifications of community quarantine with the goal of balancing economic activity and public health, IATF Resolution No. 115-A dated 13 May 2021 reclassified the provinces of Bulacan, Cavite, Laguna, and Rizal together with the highly urbanized cities of the National Capital Region and the municipality of Pateros (“NCR Plus”) to General Community Quarantine (GCQ) with heightened restrictions until 31 May 2021;


WHEREAS, the Omnibus Guidelines, as amended, authorizes the Department of Trade and Industry (DTI) to issue a negative list of industries which shall remain prohibited even in areas under GCQ, which includes determination of on-site operational capacities;


WHEREFORE, foregoing premises considered, the following guidelines are hereby prescribed consistent with the IATF Resolution No. 115-A, Series of 2021 for the information and compliance of all concerned -


SEC. 1. Business Establishments, Persons or Activities Allowed to Operate OnSite in NCR Plus under GCQ with Heightened Restrictions -- Subject to compliance with minimum public health and safety standards and protocols, including under DOH Administrative Order No. 2020-0015, Series of 2020, DTI-DOLE JMC No. 2020-04-A, Series of 2020, DOLE Department Order No. 224-21, Series of 2021 and applicable sector-relevant protocols, the following business establishments, persons or activities shall be allowed to operate, work or be undertaken in the NCR Plus under GCQ with heightened restrictions from 15 May to 31 May 2021 -- 


a. Food preparation establishments such as commissaries, restaurants, and eateries may operate with their indoor dine-in services at the venue or seating capacity of twenty percent (20%), and fifty percent (50%) for al fresco or outdoor dining;

b. Personal care services which include beauty salons, beauty parlors, barbershops, medical aesthetic clinics, cosmetic or derma clinics, nail spas, reflexology, aesthetics, wellness and holistic centers and other similar establishments; acupuncture and electrocautery establishments, shall be allowed to operate at thirty (30%) capacity, provided that they shall only provide services that can accommodate the wearing of face masks at all times by the patrons/clients and service providers and subject to compliance with the protocols under DTI MC No. 21-15;

c. Limited social events at accredited establishments of the DOT shall be allowed at venue or seating capacity of ten percent (10%), provided that only ceremonial proceedings consistent with the rules on religious gatherings shall be conducted, subject to the applicable DOT/DTI guidelines; and

d. Outdoor tourist attractions may be opened at thirty percent (30%) with strict adherence to minimum public health standards, subject to the DOT Guidelines.


Venues for meetings, incentives, conferences, and exhibitions (MICE), indoor sports venues, and indoor tourist attractions shall remain prohibited under GCQ with heightened restrictions. Other business establishments, persons or activities allowed to operate on-site in NCR Plus not mentioned above shall be allowed to operate following the prescribed on-site operational capacity under Annex “A,” subject to minimum public health and safety standards and applicable sector-relevant protocols.


SEC 2. Other Business Establishments, Persons or Activities Allowed to Operate On-Site Outside NCR Plus Under Various Community Quarantine Classifications. Subject to compliance with minimum public health and safety standards and protocols, including under DOH Administrative Order No. 2020-0015, Series of 2020, DTI-DOLE JMC No. 2020-04-A, Series of 2020, DOLE Department Order No. 224-21, Series of 2021 and applicable sector-relevant protocols, business establishments, persons, or activities allowed to operate outside NCR Plus shall follow the prescribed on-site operational capacity under Annex “A” according to their corresponding community quarantine classification. The general provisions of the Omnibus Guidelines in the Implementation of Community Quarantine shall remain in force and effect throughout the country.


SEC 3. Compliance Monitoring and Complaints Handling. The DTI, through the FTEB and Regional or Provincial Offices, shall continue its strict compliance monitoring through its post-audit mechanism. Inspection by the DOLE, DOH, and the LGU’s Health Office may also be conducted at any time.


Violations of this Circular shall be subject to corresponding penalties under relevant rules and guidelines including the temporary suspension of business operations as may be necessary and applicable.


All feedback and complaints from the general public may be coursed through the DTI Consumer Care Hotline 1-384.


SEC. 4. Repealing Clause. Provisions of relevant Memorandum Circulars that are inconsistent with this Circular are hereby superseded or amended accordingly.


SEC. 5. Effectivity. Given the presence of a public health emergency, this Circular shall immediately take effect upon its publication and filing with the University of the Philippines Law Center.











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