Complaints and Abuses

Question from Email: Under ECQ Rules, do we allow private homeowner associations to implement their own rules different from the existing rules in the brgy? Here in Doña Josefa Subd., Almanza Uno Las Pinas, they are implementing a different number coding and it is conflicting with the brgy’s. Also, they are asking P50 fee upon entry of any food delivery. Is this legal?

Answer: (May 13, 2020)

Interior and Local Government Undersecretary Jonathan Malaya told the Inquirer that the homeowner’s association “cannot make decisions in conflict with the barangay.” “It is the barangay that has the legal authority to make such decisions because they are elected political leaders and not the homeowner’s association,” Malaya said. He said the resident can lodge a complaint against the homeowner’s association and if the barangay does not take any action, then this can be elevated to the Department of Interior and Local Government.”

Question from Email: My uncle passed away on May 3, 2020 and will be buried in Himlayang Pilipino Memorial Park in Tandang Sora, Quezon City. We are being asked to pay Php 57,142.86 for their burial services in a family plot that is already fully paid. Where can we inquire if this is still a fair price to pay as it seems exorbitant already. Also, one of their office staff admitted that they applied fee increase by 100%.

Answer: (May 6, 2020)

Trade Undersecretary Ruth Castelo told the Inquirer on Tuesday, May 5, 2020 that the cost of inurement service of Himlayang Pilipino Memorial Park for the mother of the sender is a “little bit high.” Castelo cited the inurement service for St. Peter Lifeplan and Chapels only cost less than P30,000 for deceased senior citizens. She said the sender can email [email protected] or call DTI Consumer Hotline DTI 1-384 to complain.

Question from Email: May I ask what numbers should I call or message in paranaque city about business owners that is still operating even though they were warned not to operate because they don’t practice social distancing?

Answer: (April 28, 2020)

The City of Paranaque has set-up hotline numbers for Covid-19 related concerns. The city’s Covid-19 hotline numbers are 8820-PQUE (7783); 0956-394-0176 (Globe/TM); 0961-096-6249 (Smart/Sun). The city government also added the contact number of the PNP Police Headquarters in their city advisory on Covid-19 and you may possibly contact them for violation-related purposes: 826-8182/826-8121.

The Department of Trade and Industry (DTI) also released guidelines to strictly follow during community quarantine. Only selected businesses are allowed to operate and for those that will be allowed, they are to strictly observe social distancing and implement sanitary measures, and that they duly inform and educate their employees/staff of these measures as mitigating efforts against the spread of the Covid-19. In retail establishments, only one person per square meter of unimpeded space will be allowed inside, making the entry of people in these places limited.

You may contact the DTI Covid-19 hotlines for possible quarantine guidelines violations. Their contact numbers are DTI COVID Rapid Response Team deployed in NDRRMC Camp Aguinaldo: 0926-612-6728 (Text/Viber), DTI Command Center: 0956-091-6570 (Text/Viber) and 0927-428-0475 (Text/Viber)

Sources: https://www.dti.gov.ph/news/dti-guidelines-covid19-mc2004/?fbclid=IwAR15xngI0LlxlipLO0eYrkdQT3letCSqRA1zo7qO0-C8kVg9J1jIA3D1ol0;
https://www.dti.gov.ph/covid19/ and
https://www.facebook.com/mayoredwinolivarezofficial/photos/a.424759930936248/2855188284560055/?type=3&eid=ARB_BxzVxkkGJCgy-HK7dEPPhkKJCRBvgAv0FwpPQXt28xmgSC5aZQc5rdTxj-NAL8pJMMFhxZxgnO0T&ifg=1

Question from Email: I read about an announcement that banks and financial institutions should give mandatory 30-day grace period for loan payments. What do we do when some lenders do not follow these orders and continue charging penalties and interests since my due date in March 31?

Answer: (April 28, 2020)

Banking sources told the Inquirer that you just notify the bank if an interest has been charged in your loan payment because some systems are automated. They are required to reverse it.

Question from Facebook: Dito po kasi sa lugar namin pinagbabawalan po ang delivery trucks kahit po food industry kami. Kanino po ito pwedeng isumbong?

Answer: (April 24, 2020)

The Inter-Agency Task Force for the Management of Emerging Infectious Disease (IATF-MEID) have reiterated that trucks with essential cargoes, including food, should not be stopped and banned.

For any complaints against local officials on the implementation of the enhanced community quarantine against COVID and on issues regarding food distribution, you may report to the mayor or report to the Department of Interior and Local Government Emergency Operations Center hotlines: 02-8876-3454 local 8806/8810 or 02-8925-0343.

The DILG warns it will go after abusive local government units and barangay officials who are taking advantage of the enhanced community quarantine.

Sources: https://www.dilg.gov.ph/news/DILG-to-go-after-local-execs-barangay-officials-charging-fees-for-passes-food-stubs-during-enhanced-community-quarantine/NC-2020-1066;
https://newsinfo.inquirer.net/1251616/da-dilg-promises-unhampered-movement-of-agri-fishery-products-through-checkpoints and
https://cebudailynews.inquirer.net/302963/dilg-issues-show-cause-orders-against-local-govt-executives-violating-ecq

Question from Email: Please enlighten me on my rights as a tenant during this lockdown. I am resident of Pasig but am staying in a condominium in Ermita, Manila with a friend. We are both pregnant, 6 and 7 months respectively.We were constrained to extend our stay because of the lockdown, meaning to pay on a daily rate basis.They humiliated us to pay upfront and said that they will bring me to the police station and file estafa against me. I have proof of my transactions through bank transfer, the screenshot of the confirmation SMS that it was successful, but they said they did not receive. I was forced to sign a promissory note that I will pay the whole extension of my stay on April 20th, and if I fail to pay, they will file a case against me and may be evicted here.

Answer: (April 24, 2020)

Applying the provisions under the Memorandum Circular No. 20-12 under RA 11469 (Bayanihan Heal As One Act), you as the tenant must be given a grace period of 30 days after the lifting of the ECQ to pay the amount due. Similarly, your lessor is prohibited from ejecting you should you fail to pay rent within the 30 day grace period after the lifting of the ECQ.

You cannot be held liable for Estafa under Article 315 4th mode 2 (e) of the Revised Penal Code as the element of intent to defraud is lacking. Your attempt to pay rent through GCash, as evidenced by SMS confirmation, negates the element of intent required for a charge of Estafa.

As you are currently pregnant, you claim to have suffered stress and trauma due to the act of your lessor, causing premature contractions. Thus, you may claim for moral damages against your lessor, according to jurisprudence and the New Civil Code.

(Thank you to M & Associates Attorneys At Law, BGC, Taguig for this answer. This answer is for general information purposes only and should not be used as a substitute for specific advice.)

Question from Email: I am a BPO employee and our company is not following social distancing. Tabi-tabi pa din kami sa work station namin. Saan po kaya pwede ireport ito?

Answer: (April 18, 2020)

You may report the violation to the local government in the area where your company is located. In a memorandum, the Department of the Interior and Local Government said that LGUs must monitor establishments allowed to operate to ensure the operation of a skeletal workforce only, as well as strict social distancing measures.

Source: https://dilg.gov.ph/news/DILG-to-LGUs-PNP-Close-non-essential-business-operations/NC-2020-1095

Question from Email: Private hospitals are overcharging and Philhealth is not helping the expenses of a senior citizen who is positive for Covid19. He was admitted on 3/19 and confirmed positive for Covid on 3/20. I left out the patient information for privacy but it’s my father. Bills nya nasa picture. Baon na kami sa utang. Why is the President of Philhealth not matching his rhetoric (that no balance billing and no out of pocket costs for hospitalized patients in both public and private hospitals)? When my sister calls the Philhealth hotline – they continue to say that what he said in public is not true. You have to make these public officials accountable to their word.

Answer: (April 7, 2020)

The Philippine Health Insurance Corporation (Philhealth) on Monday, April 6, 2020, announced it would “reimbursed in full” Covid 19 patients who were made to pay for their hospitalization. This will cover patients who were admitted from Feb.1 to April 14, the end of the Luzon enhanced community quarantine (ECQ). But with Cabinet Secretary Karlo Nograles announcing on Tuesday, April 7, 2020, that the Luzon ECQ has been extended until 11:59 pm of April 30, Philhealth president Ricardo Morales told a Palace briefing that Philhealth can cover Covid-19 cases even with the extension of the ECQ. But Morales also noted Philhealth funds are not unlimited.

Sources: https://newsinfo.inquirer.net/1254907/virus-cases-surge-anew-as-trend-in-numbers-watched; https://newsinfo.inquirer.net/1255035/luzon-wide-quarantine-extended-until-april-30 and @inquirerdotnet 11:20am 4/7/2020 on Twitter

Question from Email: What numbers should I call in Davao City, Philippines to report quarantine violators? Thanks.

Answer: (April 2, 2020)

Davao City has set up hotline numbers for Covid-19 and Community Quarantine related concerns.

COVID-19 HOTLINES:

GLOBE HOTLINE:

For calls ONLY: 0917- 508-6548

For texts ONLY: 0906-367-4671

SMART HOTLINE:

For calls ONLY: 0919-071-1111

For texts ONLY: 0939-340-5675

PLDT HOTLINE: (082) 244 0181

EMAIL ADDRESS: [email protected]

The city mayor’s office can also be reached through these numbers: 0932-322-1063 or 0915-963-7127

Sources: https://www.facebook.com/davaocitygov/photos/pcb.3068423649875803/3068422609875907/?type=3&theater and https://www.facebook.com/davaocitygov/photos/pcb.3080324068685761/3080981715286663/?type=3&theater

Question from Email: Where can we complain regarding malicious and abusive treatment of barangay officials regarding implementation of quarantine measures?

Answer: (March 25, 2020)

For any complaints against local officials on the implementation of the enhanced community quarantine against COVID, you can contact the Department of Interior and Local Government Emergency Operations Center hotlines: 02-8876-3454 local 8806/8810 or 02-8925-0343 The DILG warns it will go after abusive local government units and barangay officials who are taking advantage of the enhanced community quarantine.

Source: https://www.dilg.gov.ph/news/DILG-to-go-after-local-execs-barangay-officials-charging-fees-for-passes-food-stubs-during-enhanced-community-quarantine/NC-2020-1066

You can send your questions and concerns to the INFO DESK through the following:

• [email protected]
• Inquirer.net Facebook page
• Inquirer.net Twitter account
• Inquirer.net Instagram
• Inquirer COVID-19 Viber bot
• Inquirer.net Disqus comment section

As we navigate this period of unprecedented disruptions, getting accurate and verified information is vital for the people to keep themselves, their families and communities safe. With a pandemic of this scale and magnitude, confusion, disinformation, fake news and even lack of information can put people in harm’s way.

Through the INQUIRER COVID-19 INFO DESK, we will help clarify and obtain correct information so you can make the right decisions. Stay safe, stay informed.

In the midst of the Covid-19 pandemic, the Inquirer Group of Companies (IGC) joined the private sector in responding to the urgent call to help our healthcare workers. Click here to read more.