The Department of Trade and Industry released Memorandum Circular has 20-12, series of 2020 on April 4 granting a 30-day grace period for residential rent as well as commercial rent of the micro, small, and medium enterprises during the enhanced community quarantine period in Luzon.
“To provide economic relief to Filipinos and MSMEs during the Covid-19 (coronavirus disease 2019) public health emergency, DTI is implementing these guidelines to ensure their survival during the ECQ, as well as to help brace them afterwards,” Trade and Industry Sec. Ramon Lopez said.
Following Republic Act 11469, or the “Bayanihan to Heal as One Act,” DTI would enforce a 30-day grace period for commercial rents that fall within the duration of ECQ to give respite to MSMEs that have temporarily ceased operations.
These enterprises would also not incur interest, penalties, fees, and other charges under the grace period.
The DTI would also ensure that a minimum of 30-day grace period shall be granted for residential rent that fall due within the ECQ under the same terms.
Under the same circular, the grace period would be determined as 30 calendar days following the last due date of the rent during the ECQ. Cumulative amount of rents that need to be paid within the ECQ must be amortized equally in the six months following the end of the said period. This can be added to the rent owed for succeeding months without interest, penalties, fees, and charges.
On the other hand, lessors are not obligated to refund residential and commercial rents already paid by lessees during the ECQ.
However, lessors must grant a minimum of a 30-day grace period from the next due date of residential and commercial rents without interest and other penalties as well.
The MC also calls on lessors of MSMEs to extend their generosity, if possible, the following: total or partial waiving of commercial rents due during the ECQ; granting a reprieve or discounted amount of commercial rents due after the ECQ; opening renegotiation of the lease term agreements with lessees; and using other ways to mitigate the impact of the ECQ for MSMEs.
Lopez said there should be no eviction for failure to pay residential or commercial rent due within a 30-day period after the lifting of the ECQ.
“No Filipinos should lose their residence during the ECQ period. Moreover, the importance of MSMEs in jumpstarting our economy once the ECQ has been lifted cannot be understated,” he said.
Through these measures, Lopez said the government ensured that fellow Filipinos “have a future after the ECQ with homes that they can live in and through jobs and employment provided by our MSMEs”.
Complaints of violations of the MC can be brought to DTI in person or electronically by emailing the agency, either through the Fair Trade and Enforcement Bureau (through FTEB@dti.gov.ph or with the regional offices.
Lessors who violate these guidelines would need to answer the notices of violations issued by DTI.
As provided under RA 11469, lessors that are found guilty of refusing to provide the 30-day grace period to lessees are to be penalized with imprisonment of not less than two months or a fine of not less than P10,000, or both.