feat: add extracted document text

feat: add documents parquet

chore: convert large document to LFS

.gitattributes

@@ -58,3 +58,6 @@ saved_model/**/* filter=lfs diff=lfs merge=lfs -text
 *.mp4 filter=lfs diff=lfs merge=lfs -text
 *.webm filter=lfs diff=lfs merge=lfs -text
 *.duckdb filter=lfs diff=lfs merge=lfs -text
+
+# Super big txt files
+data/document/hb/20/04001-05000/HB-04058.txt filter=lfs diff=lfs merge=lfs -text

README.md

@@ -5,17 +5,21 @@ configs:
   data_files: "databases/persons.parquet"
 - config_name: memberships
   data_files: "databases/memberships.parquet"
+- config_name: documents
+  data_files: "databases/documents.parquet"
 tags:
 - philippines
 - politicians
 - government
 - civic-data
 - public-officials
+- legislation
+- bills
 ---
 
 # Raw Philippine Data
 
-This repository contains raw data about Philippine politicians and public officials collected from various sources. The data is intended for research, analysis, and civic technology purposes.
+This repository contains raw data about Philippine politicians, public officials, and legislative documents collected from various sources. The data is intended for research, analysis, and civic technology purposes.
 
 ## Dataset Overview
 
@@ -39,6 +43,15 @@ Political party affiliations and positions held by persons, including:
 - **Position**: Position held (e.g., "Representative", "Governor", "Mayor")
 - **Year**: Year of the position/membership
 
+### Documents
+**60,934 legislative documents** including Senate Bills (SB) and House Bills (HB) from various Congressional sessions:
+- **ID**: Unique document identifier (e.g., "sb-20-2" for Senate Bill 2 from 20th Congress)
+- **Document Type**: Type of document ("sb" for Senate Bill, "hb" for House Bill)
+- **Congress**: Congressional session number (e.g., 17, 18, 19, 20)
+- **Document Number**: Official bill/document number
+- **File Path**: Path to the source text file
+- **Content**: Full text content of the document
+
 *More entity types (groups, etc.) will be added in the future.*
 
 ## Using the Dataset
@@ -49,6 +62,7 @@ You can explore the data directly in your browser using the **Dataset Viewer** t
 
 - Select **"persons"** from the config dropdown to view person records
 - Select **"memberships"** to view political positions and party affiliations
+- Select **"documents"** to view legislative bills and documents
 - Additional entity types will appear in the dropdown as they're added
 
 The data is available in Parquet format for easy viewing and filtering.
@@ -66,6 +80,10 @@ print(persons['train'][0])
 memberships = load_dataset("bettergovph/raw-philippine-data", "memberships")
 print(memberships['train'][0])
 
+# Load documents data
+documents = load_dataset("bettergovph/raw-philippine-data", "documents")
+print(documents['train'][0])
+
 # Future: Load other entity types
 # groups = load_dataset("bettergovph/raw-philippine-data", "groups")
 ```
@@ -88,6 +106,9 @@ SELECT COUNT(*) FROM persons;
 -- Count all memberships
 SELECT COUNT(*) FROM memberships;
 
+-- Count all documents
+SELECT COUNT(*) FROM documents;
+
 -- Find all persons with "Jr." suffix
 SELECT * FROM persons WHERE name_suffix = 'Jr.' LIMIT 10;
 
@@ -126,37 +147,66 @@ GROUP BY p.id, p.first_name, p.last_name
 HAVING COUNT(*) > 1
 ORDER BY position_count DESC
 LIMIT 10;
+
+-- Search documents by keyword in content
+SELECT id, document_type, congress, document_number, LENGTH(content) as content_length
+FROM documents
+WHERE content LIKE '%infrastructure%'
+LIMIT 10;
+
+-- Count documents by type and congress
+SELECT document_type, congress, COUNT(*) as count
+FROM documents
+GROUP BY document_type, congress
+ORDER BY congress DESC, document_type;
+
+-- Find a specific Senate Bill
+SELECT id, congress, document_number, SUBSTR(content, 1, 200) as preview
+FROM documents
+WHERE document_type = 'sb' AND congress = 20 AND document_number = 2;
 ```
 
 ## Data Sources
 
-The raw data comes from TOML files in the `data/person/` directory. Each person has their own TOML file with their information, including an optional `memberships` array that contains their political positions and party affiliations.
+The raw data comes from multiple sources:
+
+- **Persons & Memberships**: TOML files in the `data/person/` directory. Each person has their own TOML file with their information, including an optional `memberships` array that contains their political positions and party affiliations.
+
+- **Documents**: Text files in the `data/document/` directory, organized by document type (sb/hb), congress number, and document ranges. For example:
+  - `data/document/sb/20/00001-01000/SB-00002.txt` - Senate Bill 2 from the 20th Congress
+  - `data/document/hb/20/04001-05000/HB-04321.txt` - House Bill 4321 from the 20th Congress
 
 ## Regenerating the Dataset
 
-If you've made changes to the TOML files and want to regenerate the database and Parquet files:
+If you've made changes to the source data files and want to regenerate the database and Parquet files:
 
 ```bash
 # Install dependencies
 pip install -r requirements.txt
 
-# Load data and export to Parquet
+# Load persons data and export to Parquet
 python scripts/load_persons_to_db.py --export-parquet
 
-# Optional: Use larger batch size for faster loading (recommended for 45k+ files)
+# Load documents data and export to Parquet
+python scripts/load_documents_to_db.py --export-parquet
+
+# Optional: Use larger batch size for faster loading
 python scripts/load_persons_to_db.py --export-parquet --batch-size 5000
+python scripts/load_documents_to_db.py --export-parquet --batch-size 5000
 ```
 
 This will create:
 - `databases/data.duckdb` - DuckDB database for SQL queries
 - `databases/persons.parquet` - Persons table in Parquet format
 - `databases/memberships.parquet` - Memberships table in Parquet format
+- `databases/documents.parquet` - Documents table in Parquet format
 
-The script uses batch inserts for performance and includes:
+The scripts use batch inserts for performance and include:
 - Progress tracking with percentage complete
-- Error logging to `databases/load_errors.log`
+- Error logging to `databases/load_*_errors.log`
 - Total execution time reporting
 - Graceful handling of Ctrl+C interruptions
+- Sample data preview and statistics
 
 **Note:** Future entity types (groups, etc.) will also generate their own parquet files in the `databases/` folder.
 
@@ -164,6 +214,7 @@ The script uses batch inserts for performance and includes:
 
 Contributions are welcome! You can help by:
 - Adding new person records (create TOML files in `data/person/`)
+- Adding new legislative documents (add text files in `data/document/`)
 - Updating existing records with more information
 - Reporting data quality issues
 - Improving documentation

config.py

@@ -15,6 +15,6 @@ DATABASE_PATH = PROJECT_ROOT / 'databases' / 'data.duckdb'
 # Data directories
 DATA_DIR = PROJECT_ROOT / 'data'
 PERSON_DATA_DIR = DATA_DIR / 'person'
+DOCUMENT_DATA_DIR = DATA_DIR / 'document'
 # Add more data directories as needed:
 # GROUP_DATA_DIR = DATA_DIR / 'group'
-# DOCUMENT_DATA_DIR = DATA_DIR / 'document'

data/document/hb/13/00001-01000/HB-00002.txt

@@ -0,0 +1,191 @@
+Republic of the Philippines :
+HOUSE OF REPRESENTATIVEG>
+Quezon City, Metro Manila *
+
+‘THIRTELNTE CONGRESS
+Firat Regular fei
+
+House Bill No.
+
+Introduced by Honorable Roque R. Ablan, Jr,
+
+EXPLANATORY NOTE
+
+This bill seeks to establish a drug rehabilitation center in every region
+in the country.
+
+The illegal drugs menace is now considered public enemy no. 1 all
+over the world and poses a grave threat to a country's national security. In
+our country, it has alarmingly penetrated almost all sectors and levels of
+society including the government, business, and even law enforcement
+agencies, and it may only take a little more time before the Philippines
+becomes another Colombia.
+
+President Gloria Macapagal-Arroyo speaking during the National
+Anti-Drug Summit ‘at the Manila Hotel said that, "the battle against illegal
+drug was no less critical and-no less immediate than the government's war
+against Abu Sayyaf banditry, communist insurgency, tertorism and
+organized crime. Illegal drugs are much more damaging in the long term
+because they gobble the very heart and hope of our country - the youth
+Because of illegal drugs, many lives are lost or ruined. Families are broken,
+brains are ruined just to give way to the gluttony of the few."
+
+. Several. government’ agencies envisioned to lead the government's
+total war against dangerous drugs were created. Laws were passed to
+encourage the participation of the Local Government Units in both the
+prevention and control of the illegal menace. In short, our concern is how to
+eradicate or prevent the spread of illicit drug traffic in the country. We
+
+Fe
+
+
+should not, however, forget that a drug dependent is not a criminal but a
+victim who is in need of medical and psychiatric treatment and still can
+become a useful member of society. The government should likewise direct
+its national programs to promote and sustain the treatment and rehabilitation
+of victims of drug abuse, especially in the critical after-care and social
+reintegration stages. Bringing a person back. to the state of being where he
+can successfully cope with the physical, psychological and social demands
+of family and community life is one way of helping a sick person become a
+useful and productive member of the community.
+
+It is by the establishment of a rehabilitation center in every region of
+the country that we.can make accessible to every drug dependent medical
+facilities for a speedy recovery fram the physical and mental trauma brought
+
+about by dangerous drugs. Hence, approval of this bill is earnestly
+recommended,
+
+ROQUE R. AXBLAN, JR.
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTNENTH CONGRESS
+iret Regular:
+
+HOUSE BILLNO.__02 -
+
+Introduced by Honorable Roque R. Ablan, Jr.
+
+AN ACT
+PROVIDING FOR THE ESTABLISHMENT OF ‘ DRUG
+REHABILITATIN CENTER IN EVERY REGION OF THE
+COUNTRY AND APPROPRIATING FUNDS THEREFOR.
+
+fe jenate ise of Representatives of the Philippines
+in ress assembled:
+
+SECTION 1. Creation, - There shall be established, under the
+supervision of the Department of Health, drug rehabilitation center in every
+region of the country, hereinafter referred to as the Center.
+
+SEC. 2. Qbjectives and Functions. - The Center shall have the
+following objectives and functions:
+
+(a) To provide care, treatment and accommodation to persons found to
+
+be drug dependents;
+
+
+(b) To bring a drug dependent to a state where he is physically,
+psychologically and socially capable of coping with problems common to
+his peer group;
+
+(c) To facilitate and encourage the dissemination and exchange of
+ideas and information on the prevention, care, treatment and control of drug
+addiction;
+
+(d) To provide after-care, follow-up and social reintegration services
+to enable a drug dependent to adjust to family and community life after his
+release;
+
+(e) To provide each drug dependent motivation to regain self-
+confidence, rediscover his working abilities and develop. a sense of
+responsibility for himself;
+
+(f) To encourage the formation of organizations and associations
+composed of parents, guardians and immediate relatives of drug dependents
+in order to arouse their awareness and enhance their participation in the care,
+treatment and rehabilitation of their relatives or wards found to be drug
+dependent patients;
+
+(g) To undertake continuous training of physicians, nurses, health
+
+officers and social. workers on the practical and scientific methods of
+
+
+prevention, care, treatment and rehabilitation of persons found to be drug
+dependents;
+
+(h) To strengthen the emotional and spiritual make-up of an individual
+drug dependent by conducting regular guidance and counselling sessions as
+well as interdenominational church services,
+
+SEC. 3. Site of the Center. - The Secretary of Health in coordination
+with the Secretary ‘of Public Works and Highways shall, taking into
+consideration the accessibility of the Center to its clientele, determine the
+location thereof.
+
+SEC. 4. Organization. - The Center shall be headed by a Director to
+be assisted by two (2) Deputy Directors who shall be appointed by the
+Secretary of Health and vested with powers generally exercised by a Chief
+and Assistant Chiefs, respectively, of a government hospital.
+
+No person shall be appointed Director or Deputy Director unless he
+
+possess the following qualifications:
+(a) At least thirty-five (35) years of age;
+(bv) A physician of good repute;
+(c) At least five (5) years experience in the care, treatment and
+
+rehabilitation of drug dependents,
+
+
+_SEC. 5, Personnel and Staff. - The Director shall appoint such
+other personnel and staff as may be necessary for the effective operation of
+the Center subject to existing laws, rules and regulations.
+
+SEC. 6. Five-Year Development Plan. ~ The Center, through its
+Director, shall be authorized to embark on a Five-Year Development Plan in
+the fulfillment of the following:
+
+1. To establish additional building facilities equipped with new and
+modem equipment to serve and cater to drug dependents of the region;
+
+2. To initiate plans for the development of income generating
+programs for the ultimate purpose of generating resources to provide charity
+services;
+
+3. To provide hospital pharmacy services, free dispensaries and health
+stations; and
+
+4, To provide educational facilities for interns and graduate and
+undergraduate students of medicine.
+
+SEC. 7. Government Assistance to the Center. - The Secretary of
+Health is hereby authorized to call upon any department, bureau, agency or
+instrumentality of the government for such assistance as may be necessary to
+
+effectively implement this Act.
+
+
+SEC. 8. Rules and Regulations. - The Director of the Center is
+hereby authorized, with the approval of the Secretary of Health, to
+- promulgate such rules and regulations as may be necessary to secure an
+effective administration of the Center and the effective implementation of
+the provisions of this Act.
+
+SEC. 9. Appropriations. - The sum necessary for the effective
+implementation of this Act shall be charged against the appropriations for
+the Department of Health under the current General Appropriations Act.
+Thereafter, such amount as may be necessary for the continued operation of
+the Center shall be included in the annual General Appropriations Act.
+
+SEC. 10, Effectivity. ~ This Act shall take effect upon its approval.
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00003.txt

@@ -0,0 +1,1473 @@
+Republic of the Philippines.
+HOUSE OF REPRESENTATIVES ¥
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+03
+
+House Bill No.
+
+Introduced by SALACNIB F. BATERINA
+
+EXPLANATORY NOTE
+
+This bill seeks to reform the existing tand administration and
+management system in the Philippines by consolidating and streamlining
+within a single government agency land administration powers and
+functions currently assigned to different government agencies and, for this
+purpose, constitute the Land Registration Authority as the principat
+government agency for land administration functions and renaming it as
+the National Land Administration Reform Authority.
+
+The land administration powers, and functions are currently
+dispersed to different government agencies. The performance, however,
+of government agencies undertaking land administration functions such
+as land surveys mapping, Classification, titling and disposition and
+registration is below par. The services being provided by these agencies
+are not responsive to our problems on sustainable development, much
+more to our global concerns. The problem is compounded by
+fundamental legal and institutional defecis in both the structure and
+operation of the land administration system. There are many institutions
+administering our scarce land resources resulting in contusion, delays, high
+transaction costs (government and users}, low investment, and graft and
+corruption. There are many laws dealing with land administration which
+need to be reconciled with each other and made more responsive to
+present needs.
+
+Such defects in land administration have also given rise to major
+inefficiencies including delays in the disposition and titling of alienable
+and disposable land, inaccurate and incomplete land information and
+records, duplicate and fake fitles, duplication and overlap of activities
+between government agencies, and unnecessary costs to both the
+national and local governments and the users/clients of land
+administration services.
+
+There is an urgent need to introduce necessary reforms in the land
+administration system. One of the fundamental prerequisite to the pursuit
+of the necessary reforms is the consolidation and streamlining within a
+
+5 Co
+
+
+
+single government agency of land administration powers and functions
+currently dispersed across the Land registration Authority and Registry of
+Deeds of tne Department of Justice, the Land Management Bureaus,
+Land Management Services in the regional, provincial, city and municipal
+office, National Mapping and Resources information Autharity,.all of the *
+Department of Environment and Natura! Resources, LRA-CARP, Housing
+and Land Use Regulatory Board (HLURB) and CARP Secretariat and its field
+offices. Without integrating these agencies, it will be difficult to undertake
+the major long term investment of resources that will be necessary to
+implement the required reforms.
+
+The proposed constitution of the Land Registration Authority as a
+body corporate to be known as the National Land Administration Reform
+Authority, integrating the other goverment agencies concerned to this
+single body will ensure the quality performance and services of the Land
+Administration of the country.
+
+Approval of this bill is urgently and anxiously solicited.
+
+SALACNII RINA.
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill No. 03
+
+Introduced by SALACNIB F. BATERINA
+
+AN ACT CREATING THE NATIONAL LAND ADMINISTRATION AUTHORITY,
+RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT
+AGENCIES RELATED TO LAND ADMINISTRATION, AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines
+in Congress assembled:
+
+CHAPTER !
+GENERAL PROVISIONS
+SEC. 1. Short Tile. ~ This Act shall be known as “National Land Administration
+Reform Act of 2004."
+SEC. 2. Declaration of Policy. - \t is hereby declared the policy of the State
+to:
+
+(a)Undertake a comprehensive and continuing land
+administration program which shall make the acquisition
+and registration of real property affordable, and expeditious
+system of registration of property under the Torrens system;
+
+(b)To provide leadership in reforms in land administration and
+management by establishing a single and unified body
+charged with the execution of the laws relative to
+registration and administration of lands;
+
+(c) Adopt the workable policies that will accelerate and
+complete the fitling and registration of alienable &
+disposable lands, thereby providing security of land tenure
+for alll;
+
+(d) Establish a sustainable and viable land administration by
+adopting the computerization of the Jand registration
+
+
+22
+2B
+24
+25
+26
+27
+28
+29
+
+3
+
+32
+
+33
+
+35
+
+process nationwide, and to provide accurate land
+
+information system;
+
+{e)Encourage more effective people's participation by
+institutionalizing their involvement at all levels of land
+administration and development.
+
+(f) Rationalize the structure, powers and functions of the
+different land administration agencies and integrate all land
+administration and registration policies, plans, programs and
+projects of various government agencies to increase the
+efficiency of the operations of land titling system of the
+government, with expeditious delivery of services that are
+viable with sustainable land administration programs and
+projects.
+
+SEC. 3. Definition of Terms. — For purposes of this Act, the following terms or
+words and phrases used shall mean or understood as follows:
+
+(a) Authority - refers to National Land Administration Reform
+Authority
+
+{b) Administrator ~ refers to the person occupying the position of
+Administrator of the National Land Administration Reform
+Authority.
+
+{c) Land - Refers to resources, both man-made and natural, found
+on the surface, below and above the ground including land,
+waters, and air therein.
+
+(d) Allenable and disposable lands - refer to lands of public
+domain which have been delineated, classified and
+certified as such and available for disposition under the
+Public Land Act (Act 141).
+
+{e) Agricuttural lands ~ refer to lands devoted to or suitable
+for the cultivation of the soil, planting crops, growing
+trees and not classified as mineral land, forest land,
+residential land, commercial land or industrial land.
+
+(f) Public domain — refers to lands which belong fo the State
+which may either be agricultural, forest or timber, mineral
+or national park as provided for in the Constitution.
+
+(g) Public tands - refer to lands which have not been subject to
+private property rights or subject to sale or other modes of
+
+
+21
+2
+
+4
+25
+
+27
+28
+29
+30
+
+31
+
+33
+34
+
+35
+
+acquisition of concession, under the general laws and are
+devoted to public use.
+
+{h)Land Registration - pertains to the proceeding, either
+administrative or judicial, for registering the title to, or interest
+in, a land in the Office of the Registration Officer so that such
+title or interest, becomes a matter for public record, and all
+Persons who have interest in the land may be informed
+thereof, actually or constructively, and be bound thereby if
+they make no objections thereto within a specific time.
+
+fi
+
+Automated Registration System - a system using appropriate
+technology for scanning, recording, and registering using
+electronic devices to store the copy of Certificate of Title
+and other documents relative thereto.
+
+(i) Land Administration - refers to the administration and
+
+management of all public lands and functions, powers and
+activities related to the mapping, land survey, classification,
+ownership, disposition, valuation and registration of land
+titles and deeds.
+
+(k) Adjudication Commission — refers to the body which settles
+all the disputes related to land administration.
+
+SEC. 4, Statement of Objectives. - Toward this end, the State shall:
+
+{a)Formulate and oversee the implementation of a
+comprehensive land administration and development
+policy as an integral part of the national land reforms
+development plans;
+
+(b) Establish an effective sustainable land administration system
+that ensures reliable land registration system;
+
+(c)Encourage participation of all stakeholders in land
+administration such as local government units (LGUs), non-
+government organizations (NGOs), people's organizations
+
+(POs) and the private sector.
+
+CHAPTER II
+THE ADMINISTRATIVE AGENCY
+
+SEC. 5. Creation of National Land Administration Reform Authority. - To carry
+out the above-declared policy, there is hereby created a National Land
+
+
+20
+
+21
+
+2
+
+2B
+
+24
+
+25
+
+26
+
+27
+
+28
+
+29
+
+30
+
+32
+
+33
+
+34
+
+38
+
+36
+
+4
+Reform Administration Authority, herein refered to as the Authority
+integrating herewith the Lands Management Bureau (LMB), Lands
+Management Services (LMS), Land Registration Authority (LRA), National
+Mapping and Resource Information Authority (NAMRIA), and DENR - CARP
+National Secretariat and LRA ~ CARP.
+
+The Authority shall be the primary agency of the Government that
+will prepare, integrate, coordinate, supervise and implement plans,
+Programs, projects and activities of the government relative to land
+administration functions.
+
+SEC. 6, Powers and Functions. - The Authority shall have the following
+Powers and functions:
+
+{a} Formulate and implement land administration policies in
+
+accordance with the existing national laws;
+
+(b) Exercise supervision and control over all Land Registration
+Officer and other personnel of the Authority;
+
+(c) Registration of all Original Certificates of Title and issuance
+of subsequent Transfer Certificates of Title pursuant to
+provisions of Act No. 496 as amended by Presidential
+Decree No. 1529, Act 141 and Republic Act No. 6657,
+otherwise known as the Land Registration Act, Public Land
+Act and Comprehensive Agrarian Reform Law, respectively;
+
+(d) Integrate surveys, administration, and management of all
+alienable and disposable lands of the public domains;
+
+(e) Execution of all cadastral surveys pursuant to the provisions
+of Act No. 2259, including all other kinds of surveys for
+national mapping, land titling and other related purposes;
+
+(f) Determine, fix and collect reasonable amounts to be
+charged as administrative fees, fines and penalties relative
+to the land administration;
+
+(g)Promulgate rules, regulations, circulars and other
+administrative issuances as may be necessary to
+implements the provisions of this Act;
+
+(h)Survey the political boundaries and the delineation
+between alienable and disposable land/areas, and
+forestlands, national parks such as watershed areas,
+reservations and other protected areas and foreshore lands;
+
+
+21
+2
+2B
+24
+25
+26
+27
+28
+
+30
+3
+32
+33
+34
+
+35
+
+(i
+
+Exclusive central repository of records relative to original
+registration of lands titled under the Torrens system, including
+subdivision and consolidation titled and untitled lands; and
+
+Establish Regional One Stop Shops to provide accessible,
+efficient and affordable land administration services to the
+
+people.
+
+{k) implement the existing rules and policies pursuant to Act No.
+496 and Presidential Decree 1529 and other acts not
+inconsistent with this Act as are necessary to achieve its
+purposes;
+
+(
+
+Verify and approve all surveys executed covering public
+
+and private land, simple and complex subdivision and
+
+consolidation — subdivision plans of properties titles under
+
+Act No. 496 except those cover by PD 957;
+
+(m) Survey, map, maintain database on, to support the
+determination of specific limits of forest lands and national
+parks by Congress as provided under Section 4, Article Xi! of
+the Constitution;
+
+{n) Survey, map, maintain database on, administer, manage
+and/or dispose of all alienable and disposable lands of the
+public domain and other lands, including foreshore and
+marsh lands, under the provisions of Commonwealth Act
+No. 141, as amended, otherwise known as the Public Land
+Act, and in accordance with existing laws such as, but not
+limited to, RA 8550, RA 7279 and RA 6657;
+
+(0) Manage, sell and/or dispose the remaining Friar Lands under
+the provisions of Act No. 1120, as amended, and in
+accordance with existing laws;
+
+{p) Manage and dispose lands of patrimonial property of the
+National Government under the provisions of Act No. 3038,
+‘or such other Goverment lands as have not been placed
+under the administration, management, control or exclusive
+use of any other government agency by legislative or
+executive issuance.
+
+(a)Such other functions currently undertaken by the Land
+
+Registration Authority/ Registry of Deeds {LRA/ROD), Land
+
+
+2
+22
+B
+24
+25
+
+27
+28
+29
+
+oy
+
+32
+
+33
+
+35
+
+Management Bureau (LMB}, Land Management Service
+{LMS), National Mapping and Resource Information
+Authority (NAMRIA}. However, the function of the DAR in
+the issuance of CLOAS and Emancipation Patents shall
+henceforth be done by the Authority.
+SEC. 7. Jurisdiction — This Authority shall have the exclusive jurisdiction to
+regulate, survey, verify and approve original and subdivision surveys as well
+
+manage and dispose all lands in accordance with the existing laws.
+Likewise, it shall have the primary and exclusive original jurisdiction over all
+actions affecting original titles and subsequent titles emanating from
+judicial decrees, patents, deeds and other conveyances under the existing
+laws. Decisions of the Authority in the exercise of the quasi-judicial functions
+shall be immediately executory even pending appeal.
+
+SEC. 8. Composition - The Authority shall be headed by an Administrator.
+The Authority proper shall be composed of the Office of the Administrator,
+the Advisory Board, the four (4) Offices of the Deputy Administrators, the
+different Departments, Land Adjudication Commission, Land Registration
+Officer and other offices of the Authority.
+
+SEC. 9. The Administrator - The Administrator shall be appointed by the
+President. He shall have the rank equivalent and shall receive the same
+salary, emoluments, benefits and privileges of the Presiding Justice of the
+Court of Appeals and shall be appointed by the President.
+
+The Administrator shall have the following powers and functions:
+
+(a)Provide executive direction, supervision and control over
+the entire operations of the Authority and all offices
+described therein;
+
+(b) Adopt delivery system as Is necessary for the effective
+attainment of the objectives of the Authority, including the
+creation of regional, provincial and city offices, other
+service units and divisions, and the delegation of authority to
+regional, provincial and city offices for decentralized
+programs, subject to the provisions of existing laws;
+
+{c) Coordinate with LGUs, other agencies, and public and
+private Interest groups, including NGOs and POs on Authority
+
+policies and initiatives;
+
+
+B
+
+25
+
+26
+
+n
+
+28
+
+29
+
+30
+
+31
+
+32
+
+34
+
+35
+
+36
+
+(d) Restructure the internal structure of the Authority, subject to
+the recommendation of the Board and approval of the
+President;
+
+(e) Formulate such rules and regulations and exercise such
+other powers as may be necessary to implement the
+objectives of this Act.
+
+{f} Perform such other functions as provided for by PD 1529,
+Commonwealth Act 141 and other related laws affected by
+this act or as may be assigned by the President.
+
+SEC. 10. Deputy Administrators — The Administrator shall be assisted by four
+{4) Deputy Administrators, who shall be appointed by the President upon
+recommendation of the Administrator. Provided, that, Deputy
+Administrators shall be career officers coming from the ranks of the existing
+government offices and agencies performing land administration and shall
+have the rank of an Associate Justice of the Court of Appeals, except for
+the Deputy Administrator for Land Administration and Management, who is
+a Geodetic Engineer and shall have the rank of Assistant Secretary.
+
+SEC.11. Qualifications - The Administrator must be a citizen and resident of
+the Philippines, member of Philippine Bar for at least ten (10) years, with
+experience in any land administration functions, of good moral character,
+and of proven competence and integrity. Three (3) of the four (4) Deputy
+Administrators must be members of the Philippine Bar for at least ten (10)
+years, with experience in any tand administrative functions, of good moral
+character and of proven competence and integrity. The other Deputy
+Administrator must be a licensed Geodetic Engineer for at least ten (10)
+years, with experience in any land administrative functions, of good moral
+character and of proven competence and integrity.
+
+In order not to disrupt the operation of the Authority, the Incumbent
+Administrator of the Land Registration Authority shall be in-charged of the
+Authority during the transition period, and shall be assisted by the two (2)
+incumbent Deputy Administrators.
+
+SEC. 12. Department - There are hereby created the following
+departments in the Authority:
+
+{a}Land Administration and Management Department shall
+
+assume the functions currently undertaken by the Land
+Management Bureau {LMB}, the Land Management
+
+
+o
+
+1 Services (LMS), the National Mapping and Resource
+
+2 Information Authority (NAMRIA), LRA-CARP, Housing and
+3 land Regulatory Board (HULRB) and the DENR-CARP National
+4 Secretariat and such other functions as may be assigned by
+5 the Administrator.
+
+6 (b) Department on Registration, with the following functions:
+
+7 1. Verification/examination of all documents forwarded by
+8 the Court relative to land registration proceedings.
+
+9 2. Preparation of decrees of registration pursuant to final
+10 land registration proceedings such as preparation of
+u reports, manifestation and the like.
+
+2 3. Extends assistance to court in ordinary and cadastral
+13 land registration proceedings such as preparation of
+4 reports, manifestation and the like.
+
+1s 4, Issuance of the needed certifications by the DENR, DAR
+16 ‘and HULRB in connection with their functions relative to
+7 issuance of patent, CLOAs and condominium certificate
+18 of title, respectively.
+
+9 (c) Financial Management Department, with the following
+20 functions:
+
+2 1. Preparation of the annual and special budget of the
+22 Authority, and consequently, budget execution and
+2B control of funds.
+
+24 2. Give technical advise on fiscal matters.
+
+25 3. Submit performance and fiscal reports.
+
+26 4, Maintain and keep the books of accounts of the
+27 Authority.
+
+28 5. Undertake regular management studies of the Authority
+29 organizational structure, manpower and operations.
+
+30 6. Preparation of Agency Work and Financial Plans.
+
+u 7. Preparation of Agency reports/budget hearing materials
+32 for the approval of Agency Annual Budget by the House
+33 of Representatives and the Senate.
+
+34 {d) Administrative & Personnel Management Department, with
+
+35 the following functions:
+
+
+B
+
+30
+
+31
+
+32
+
+33
+
+1. implements memoranda and circulars promulgated by
+the Administrator with regard to personnel services and
+requirements.
+
+2. Execution direction, control and supervision over all
+employees and activities pertaining to:
+
+a) Personnel services
+
+b) Systematic filing and custody of records and
+documents.
+
+c) Procurement, distribution and custody of office
+supplies and equipment.
+
+d) Maintaining of security, hygiene and other
+healthful conditions in the office building and
+premises.
+
+(e) Legal Affairs Department, with the following functions:
+
+1, Acts as counsel of the authority and the Land
+Registration Offices.
+
+2. Reviews, studies and replies to legal queries.
+
+3, Reviews pleadings and represents the Authority in Court.
+
+4, Reviews drafts of resolution to consuitas before final
+review by the Deputy Administrator for Operations.
+
+5. Conducts inspection of Land Registration Offices.
+
+6. Reviews investigation reports on complaints submitted to
+the Authority against erring Land Registration Officers, the
+employees, and also of the Central Office.
+
+7. Assist the Department of Agrarian reform in the land
+reform program of the government by determining
+which landholdings are deemed legal for the purpose of
+transferring the same to rightful tenants/beneficiaries.
+
+SEC. 13. Regional and Field Offices. - Consistent with the requirements of
+economy and efficiency, there shall be established a Regional Office.
+which shall be headed by a Regional Land Registration Officer. in every
+administrative region and assisted by an Assistant Regional Land
+Registration Officer, and by the Land Registration Officer for every province
+and city within the administrative region as are necessary as shall be
+established in accordance with the regional pattern as prescribed by PD
+
+1529 and other existing laws.
+
+
+a
+22
+2B
+24
+25
+26
+2
+28
+29
+
+SEC. 14 Functions of the Regional Land Registration Officers and Regional
+Offices. The Regional Land Registration Officer shall be the responsible line
+Official for all Authority programs in the administrative region. The Regional
+Land Registration Officer shall be appointed by the President and shall
+report to the Administrator.
+
+Regional Office shall perform the following functions:
+
+14.1. Ensure that Authority program-goals are met and that
+programs are implemented in accordance with the duly
+adopted policies, standards and guidelines;
+
+14.2 Directly manage and implement Authority policies and
+
+projects in the immediate geographic area;
+
+14.3 Direct and evaluate the performance of field offices in
+the region;
+
+14.4 Monitor, investigate and assess compliance approved
+
+original and subdivision pian, endorse and recommend
+the filing of appropriate charges for violation thereof;
+
+14.5 Coordinate with the LGUs with regard to their local land
+
+administration and other land management as mandated
+by the Local Government Code and other related laws;
+14.6 Advise and coordinate the plans and programs of the
+Regional and Land Registration Offices of the Authority;
+14.7 Appointing power for vacancies within his/her
+administrative region with salary grades one (1} to eight (8);
+and
+14.8 Perform such other functions as may be provided for by
+law and the Administrator.
+SEC. 15. Qualifications - The Regional Land Registration Officer, and
+Assistant Regional Land Registration Officer, must be citizens and residents
+of the Philippines, members of Philippine Bar, at least ten (10) years
+experience in any land administration functions, of good moral character,
+and of proven competence and integrity. The Regional Land Registration
+Officer shali have the rank of an Assistant Secretary and shall have the
+salary, benefits and emoluments of an Executive Judge of the Regional Trial
+Court.
+in order not to disrupt the operations of the Authority, the incumbent
+Regional Land Registration Officer shall be in-charge of the Authority in his
+
+
+1
+
+20
+
+a
+
+22
+
+23
+
+24
+
+26
+
+7
+
+28
+
+29
+
+31
+
+32
+
+3
+
+34
+
+35
+
+36
+
+u
+
+region during the transition period and shall be assisted by his Assistant
+Regional Land Registration Officer.
+SEC. 16. Functions of Registration Officer -
+
+(a) The Land Registration Officer shall head a Field Office and
+shall be accountable to the Regional Land Registration
+Officer. The Land Registration Officer shall directly administer
+Authority programs in his/her jurisdictional area and ensure
+their proper implementation.
+
+(b)It shalt have the power to correct a clerical or
+typographical errors committed in writing, copying,
+transcribing or typing an entry in the maps, survey plans and
+certificate of land titles.
+
+{c) Al duties and responsibilities provided for under PD 1529
+shall continue to be exercised by the Land Registration
+Officer. The autonomous nature of the Field Offices shall be
+respected by other agencies and in no circumstance shall
+they be required to perform other functions not related with
+land registration.
+
+(d) Declare and cancel patently fake or spurious certificate of
+title, maps and survey plans in summary proceedings.
+
+SEC. 17. Qualifications of Land Regjistratlon Officer and Deputy Land
+Registration Officer - The Land Registration Officer must be a citizen and
+residence of the Philippines, member of the Philippine Bar and shall have
+been actually engaged in such practice for at least five (5) years or has
+been employed for a like period in any branch of government the
+functions of which include the registration of property. He shall continue to
+enjoy rank and salary provided for under PD 1529 but have the Privileges
+and emoluments of a Regional Trial Court Judge.
+
+The Deputy Land Registration Officer shall be a member of the
+Philippine Bar for at least three (3) years. He shall enjoy the benefits and
+emoluments of a Municipal Trial Court Judge.
+
+In order not to disrupt the operation of the Authority, the incumbent
+Land Registration Officer shall be in-charge of the Field Offices of the
+Authority in their respective cities and provinces during the transition period
+and shall be assisted by the incumbent Deputy Land Registration Officer.
+
+
+24
+
+25
+
+26
+
+27
+
+28
+
+29
+
+30
+
+12
+
+CHAPTER III
+ADVISORY BOARD
+
+SEC.18. THE ADVISORY BOARD: TENURE AND COMPENSATION.
+
+(a)The powers and functions of the National Land
+Administration Reform Authority shall be vested in and
+exercised by the Board composed of the incumbent
+Administrator of the LAA and six (6) other members to come
+from NAMRIA, LMS/LMB, CARP, Non-Governmental
+Organization, which shall represent the basic sectors, a
+Representative from the Indigenous Communities of the
+Philippines, who shalt be appointed by the President of the
+Philippines, and the President of the Association of Land
+Registration Officers and Deputy Land Registration Officers;
+
+(b) The incumbent Authority Administrator shall automatically
+be the Chairman of the Board.
+
+(c)The Board members, except the Administrator of the LAA
+who shall cease as member upon his/her separation, shail
+hold office for six (4) years without reappointment, or until
+their successors are duly appointed and qualified. In case
+of vacancy, other than the expiration of term, shall be filled
+of the unexpired term only. The members of the Board shall
+be entitled to a per diem of the Three Thousand Pesos
+(P3,000.00) for each board meeting actually attended by
+them, but not to exceed fifteen thousand (P15,000.00} a
+month, a reasonable transportation and representation
+allowances as may be fixed by the Board.
+
+(d) Meetings. The Board shall meet at least once a week. The
+Board may be called to meeting by the Administrator of the
+Land Administration Authority or by two (2) members of the
+Board.
+
+(e) The presence of four (4) shall constitute a quorum: Provided,
+That in all cases, the Administrator or his duly designated
+alternate shall be among the four (4).
+
+{f} A Secretary of the Board appointed shall maintain and
+
+preserve a complete record of the proceedings and
+
+deliberations of the LAA Board.
+
+
+1
+
+2
+
+2
+
+28
+
+29
+
+30
+
+31
+
+32
+
+33
+
+SEC. 19. Functions of the Advisory Board.
+
+(a) Advise the Authority in the formulation of policies, policy
+development, guidelines and programs to effectively cary
+out the provisions of this Act;
+
+(b) Advise the Authority in the promulgation such rules and
+regulations as may be necessary or proper for the effective
+exercise of the powers and functions as well as the
+discharge of the duties of the National Land Administration
+Authority, its officers and employees;
+
+{c) Upon recommendation of the Administrator, approve the
+organizational and administrative structures and staffing
+pattern of the new Authority and to establish, fix, review,
+revise and adjust the appropriate compensation package
+for the officials and employees of the Land Administration
+Authority with reasonable allowances, incentives, bonuses,
+Privileges and other benefits as may be necessary or proper,
+subject to availability of funds, for the effective
+management, operation and administration of the Authority
+including all Land Registration Offices, nationwide which
+shall be exempt from Republic Act No.6758, otherwise
+known as the Salary Standardization Law;
+
+{d)Upon recommendation of the Administrator, to do and
+perform any and all acts necessary, proper or incidental for
+the attainment of the objectives of this Act:
+
+(e) To fix the registration fees and other necessary charges not
+provided for in Presidential Decree No. 152? and other
+existing laws, and other charges, necessary fees approved
+by the Board in furtherance to the functions of the LAA
+provided in this Act;
+
+Such fees and charges, including government subsidies and other
+income generated by the Authority including income/revenue from all
+Land registration Authority, shall constitute special funds and shall be
+deposited in any authorized government depository bank, and all interest
+that shall accrue therefrom shall form part of the same fund for the use of
+
+the Authority.
+Any provision of existing laws, rules and regulations to the contrary
+
+
+20
+
+21
+
+2
+
+24
+
+238
+
+26
+
+27
+
+28
+
+29
+
+30
+
+31
+
+32
+
+34
+
+35
+
+36
+
+notwithstanding, any income generated by the Authority from registration
+fees and other charges, shall be retained by the Authority, and may be
+disbursed by the Board for the upgrading of the land administration system
+by purchasing computers and other equipment relative thereto for the
+complete computerization of all lands administrations records, seminars,
+trainings, research and employees welfare and other Programs/projects in
+furtherance to the functions of the Authority except for travel abroad and
+transportation allowances and expenses;
+
+The setting up and disbursement of funds shall be subject to
+accounting and auditing rules and regulations of the Commission on Audit
+and will be subject to annual report on the disbursement of fund annually
+to both Senate and House of Representatives;
+
+(f) To receive in trust, legacies, gifts and donations, real or
+Personal properties as well as financial assistance either
+from local and foreign donor for the rationalization of the
+Land Administration Authority, to administer and dispose the
+same when necessary for the benefit of the Authority,
+subject to limitations, directions and instructions of the
+donors, if any. Such donations shall be exempted from all
+taxes and shall be considered as deductible items from the
+income tax of the donors;
+
+{g)To have the power of succession; and
+
+{h) To sue and be sued.
+
+(i) Perform such other functions as may be necessary for the
+Proper implementation of this Act.
+
+CHAPTER 1V
+ADMINISTRATIVE ADJUDICATION
+SEC. 20. Quasi-Judicial Powers of the Authority. - The Authority is
+hereby vested with the primary jurisdiction to determine and
+adjudicate land administration and public land management
+matters and shall have exclusive original jurisdiction over all
+matters involving the implementation of laws, rules and
+regulations on land administration and public land
+
+management.
+
+
+a
+2
+23
+4
+25
+
+2
+
+29
+
+32
+33
+
+4
+38
+36
+
+It shall not be bound by technical rules of procedure and
+evidence but shall proceed to hear and decide all cases,
+disputes or controversies in a most expeditious manner,
+employing all reasonable means to ascertain the facts of every
+case in accordance with justice and equity and the merits of
+the case. Toward this end, it shall adopt a unifom rule of
+procedure to achieve a just, expeditious and inexpensive
+determination for every action or proceeding before it,
+
+{t shall have the power to investigate and resolve questions,
+complaints and issues involving maps, survey plans and
+certificate of land ties including the power to confiscate
+patently fake and spurious certificates of land title and declare
+their nullification in summary proceedings.
+
+It shall have the power to correct a clerical or typographical
+errors Committed in writing copying transcribing or typing an
+entry in the maps, survey plans and certificate of land titles.
+
+It shall have the power to summon witnesses, administer oaths,
+take testimony, require submission of reports, compel the
+Production of books and documents and answers to
+interrogatories and issue subpoena, and subpoena duces
+tecum, and enforce its writs through sheriffs or other duly
+deputized officers. It shall likewise have the power to punish
+direct and indirect contempts in the same manner and subject
+to the same penalties as provided in the Rules of Court.
+
+Responsible persons shail be allowed to represent themselves
+or their organizations in any proceedings before the Authority:
+Provided, however, that when there are two or more
+representatives for any individual or group, the representatives
+should choose only one among themselves to represent such
+party group before any Authority proceedings.
+
+Notwithstanding an appeal to the Court of Appeals, the
+decision of the Authority shall be immediately executory.
+
+SEC 21. Finallty of Determination. - Any case or controversy before it
+shall be decided within thirty (3) days after it is submitted for
+resolution. Only one (1) motion for reconsideration shall be allowed.
+
+
+20
+
+21
+
+22
+
+23
+
+24
+
+25
+
+26
+
+2
+
+28
+
+29
+
+Any order, ruling or decision shall be final after the lapse of fifteen (15)
+days from receipt of a copy thereof.
+SEC. 22. Frivolous Appeals. - To discourage frivolous or dilatory
+appeais from the decisions or orders, the Authority may impose
+reasonable penalties including, but not limited to, fines or censures
+upon ering parties.
+SEC. 23. Certlorarl. - Any decision, order, award or ruling of the
+Authority on any dispute or any matter pertaining to the application,
+implementation, enforcement, or interpretation of this Act and other
+pertinent laws on land administration and public land management
+may be brought to the Court of Appeals by certiorari within fifteen
+(15) days from receipt of a copy thereof.
+
+The findings of fact of the Authority shall be final and
+
+conclusive if based on substantial evidence.
+SEC 24. No. restraining Order or Preliminary Injunction. - No court in
+the Philippines shall have jurisdiction to issue any restraining order or
+writ of preliminary injunction against the Authority or any of its duly
+authorized or designated offices in any case, dispute or controversy
+arising from, necessary to, or in connection with the application,
+implementation, enforcement, or interpretation of this Act and other
+pertinent laws on land administration and public land management.
+SEC. 25. Procedure on Review. - Review by the Court of Appeals or
+the Supreme Court, as the case may be , shall be governed by the
+Rules of Court. The Court of Appeals, however, may require the
+parties to file simultaneous memoranda within a period of fifteen (15)
+days from notice, after which the case is deemed submitted for
+decision.
+SEC. 26. - Preferential Attention in Courts. - All courts in the Philippines
+shall give preferential attention to all cases arising from or in
+connection with the implementation of the provisions of this Act.
+
+CHAPTER V
+TRANSITORY PROVISIONS
+
+SEC. 27. Transfer of Powers and Functions.- Within six (6) months after the
+approval of this, the powers and functions of the Authority heretofore
+vested by law in the Department of Justice, LRA/ROD, LMB/LMS, NAMRIA or
+
+
+7
+1 in any Office within or attached to these agencies, shall be transferred to
+2 and vested in the National Land Administration Reform Authority. The
+3. foregoing transfer of powers and functions shall include all applicable funds
+4 and appropriations, records equipment, property and personnel.
+3 SEC. 28. Transfer of Rights, Assets and Uabilities - The Authority shall, by
+6 virtue of this Act, be subrogated to all rights and assume alll the liabilities of
+7 the Lands Management Bureau (LMB), Lands Management Service (LMS),
+8 National Mapping and Resource Information Authority (NAMRIA}, and Land
+9 Registration Authority (LRA), whose functions and powers have been
+10 transfered to the Authority, and their funds, records, property, assets,
+11 equipment and personnel, as may be necessary, including unexpended
+12 appropriations and/or allocations. All contracts and liabilities of the said
+13 offices are hereby transferred to and assumed by the Authority and shall be
+14 acted upon in accordance with the Auditing Code and other pertinent
+15 laws, rules and regulations; Provided, that incumbent officials and
+16 employees of said agencies/corporations, shall continue to assume their
+17 posts in holdover capacity until their new appointments are issued.
+18 SEC. 29. Organization of the Authority ~ The Authority's organizational and
+19 administrative structure and functions and staffing pattern, including the
+20 personnel’s duties and responsibilities and the appropriate compensation
+21 package shall be submitted by the Administrator for review and approval
+22 by the Congressional Oversight Committee within six (6) months from the
+effectivity of this Act. After the oversight committee's review and
+24 approval, the proposed organizational structure and staffing pattern shall
+25 be submitted to the President for final approval and shall be fully
+26 implemented within a period of three (3) months after such approval.
+
+an
+
+27 SEC 30. The Oversight committee shall be composed of the following:
+
+28 A) The Chairperson of the SenateCcommittee onffinance and
+29 the House Committee Finance and the House Committee on
+30 Goverment Reorganization, as Co-Chairperson; and
+
+31 B) Chairperson of the Senate and House Committee on Justice,
+32 Environment and Natural Resources. Appropriations, and the
+33 Administrator of the Land Registration Authority, as members.
+
+34 The authorized positions created therein shall be filled by regular
+35 appointment by the President of the Administrator, as the case may be:
+36 Provided, that in the filling of position created, the Administrator shall create
+
+
+34
+
+35
+
+36
+
+7
+
+an ad hoc committee composed of management and staff of the
+concerned agencies to ensure that preference shall be given to the
+Personnel of the agencies affected by the restructuring provided in this Act:
+Provided, further, that such individuals comply with the qualification
+standards set by Civil Service Commission (CSC) for the positions they shall
+be appointed to: Provided, finally that if such individual possesses the same
+qualifications, seniority shall be given priority.
+
+SEC. 31. Transfer of Personnel. - Considering their expertise, technical skills
+and experience, all incumbent officials and employees of the Land
+Registration Authority and affected agencies shall be retained. To ensure a
+smooth transition, all incumbent personnel of the DENRs LMB/LMS, NAMRIA,
+LRA-RoD and other existing attached agencies shall continue to perform
+their present duties and functions as interim personnel of the Authority until
+such time, being not later than twelve {12} months from the effectivity of
+this Act, that they have been appointed as regular staff of the Authority
+based on the new staffing pattern, or separated from the service:
+Provided, That such personne! shall be appointed by the Administrator, or
+his/her duly authorized representative, on the basis of merit, fitness, and
+seniority: Provided, moreover, That except for the position of Administrator
+and Deputy Administrators, there shall be no hiring of new personnel for the
+Authority.
+
+SEC. 32. Separation from the Service and Benefits. — Personne! who are not
+offered appointment under the new staffing pattem of the Authority on at
+least equivalent terms and conditions as their present employment within
+twelve months of the effectivity of this Act or who opt to be separated
+and/or phased out from the service shall be entitled to a gratuity, at a rate
+equivalent to the following:
+
+1. Two and one-half (2 %) months basic salary for every
+year of service for the fist twenty (20) years;
+
+2. Two and three-fourths (2 %) months basic salary for
+every additional year of service from the twenty-first
+(215) to the thirtieth (30') year of service;
+
+3. Three (3) months basic salary for every additional year
+of service from the thirty-first (315) year of service and
+onwards.
+
+In addition, affected personnel shall receive other benefits as may
+be authorized by existing laws and regulations. Furthermore, they
+
+
+33
+
+34
+
+35
+
+36
+
+7
+
+shalt be entitled to the refund of their contributions including
+government share fo the Home Development Mutual Fund (PAG-
+IBIG) and the Government Service Insurance System (GSIS} and to
+the commutation of their unused vacation and sick leaves in
+accordance with existing rules and regulations. Government
+personne! who are separated as a result of the integration of the
+aforecited offices and who have the required qualifications, shall be
+given priority in the hiring of personnel in any agency of the
+government including government-owned and/or controlled
+corporation and govemment financial institution. Employees who
+are qualified to retire shall be allowed to retire and be entitled to all
+benefits provided under any of the existing retirement laws.
+SEC. 33. Separation Fund. - There is hereby established a “one-time”
+separation fund in the amount of Two Billion Pesos (P2.000,000,000.00} to
+pay the separation benefits herein provided: Provided, That the fund shail
+be used exclusively to pay for the separation benefits: Provided further,
+That within two years after the effectivity of this Act, any unutilized amount
+of the separation fund shail be reverted to the National Treasury.
+SEC. 34, Unexpended Appropriations and Transfer of Assets. - The
+unexpended balances of appropriations in the cument General
+Appropriations Act and other Acts in force upon approval hereof,
+pertaining to, heid, or used by, or available to the LRA and RoD, NAMRIA
+and other attached agencies and such other unexpended balances of
+appropriations as may be deemed appropriate by the Department of
+Budget and Management are hereby transferred to the Authority.
+
+CHAPTER V
+
+FUNDING
+SEC, 35. Funding Source - The amount needed for the initial
+implementation of this Act shall be charged against the current year's
+appropriations of Lands Management Bureau (LMB), Lands Management
+Services (LMS) Land Registration Authority (LRA) and National Mapping and
+Resource Information Agency (NAMRIA), and other attached agencies.
+Thereafter, such sums as may be necessary for the continved
+implementation of this Act shall be included in the annual General
+Appropriations Act.
+SEC. 36, Additional Funding — Subject to the existing rules and regulations,
+
+
+20
+2
+22
+23
+24
+25
+
+a7
+
+29
+30
+31
+32
+33
+34
+35
+
+36
+
+we
+
+the funds and monies collected or which otherwise come into possession of
+the Authority from administrative fees, surcharges, fines and penalties which
+the Authority may impose and collect under this Act and under the
+provisions of Presidential Decree 1529, as well as an amount to be
+determined “at the beginning of every calendar year representing all
+incomes derived from the operation of the Authority shall be automatically
+appropriated and shall be available for all expenses necessary for the
+implementation of this Act.
+
+CHAPTER VI
+MISCELLANEOUS AND FINAL PROVISIONS
+
+SEC. 37, Use of Income - The authority is hereby authorized to use twenty
+percent (20%) of all revenues derived from fees, charges, and other sources
+for purposes of financing its projects. However, subject to existing auditing
+and budgeting regulations, the Administrator of the Authority may set aside
+and disburse fifty per cent (50%) of the twenty per cent (20%) to effect
+monetary incentives to its officials and employees either in cash or non-
+cash benefits.
+
+SEC. 38. Exemption from the Salary Standardization Law and Attrition Law. -
+The Authority is hereby exempted from the provision of RA 6758, otherwise
+known as Salary Standardization Law, and RA 7430, otherwise known as
+Attrition Law.
+
+SEC 39, Assurance Fund - A special account within the Authority is hereby
+created for the entire receipts of the Assurance Funds, which shall no longer
+be remitted to the National Treasury as provided for in Sec. 94 of PD No.
+1529. The Administrator is authorized to invest the said funds through the
+procurement of the Central Bank bonds or securities, and the interest of
+which shall accrue to the income of the Authority and shail likewise, be
+utilized and divided equally as dividends among officials and employees of
+the Authority.
+
+SEC. 40. indemnification and Responsibilities - The Authority shall indemnify
+the Administrator and other officials of the Authority, including Land
+Registration Officers and Deputy Land Registration Officers and personnel
+performing supervision and examination functions for all costs and expenses
+reasonably incurred by such persons in connection with any civil or criminal
+actions, suits or proceedings to which they may be or made a party by
+
+
+20
+
+21
+2
+2
+24
+
+25
+26
+a7
+28
+29
+
+30
+
+31
+
+32
+
+33
+34
+
+21
+reason of the performance of their functions or duties, unless they are finally
+adjudged in such actions or proceedings to be liable for gross negligence
+or misconduct,
+
+In the event of setttement or compromise, indemnification shall be
+provided only in connection with such matters covered by the settlement as
+to which the Authority is advised by external counsel that the persons to be
+indemnified did not commit any gross negligence or misconduct.
+
+The costs and expenses incurred in defending the aforementioned
+action, suit or proceeding may be paid by the Authority in advance of the
+final disposition of such action, suit or proceeding upon receipt of an
+undertaking by or on behalf of the Administrator, officer or employee to
+repay the amount advanced should it ultimately be determined by the
+Authority that he/she is not entitled to be indemnified as provided in this
+subsection.
+
+SEC.41. Authority to use an Automated Land Registration System - To
+carry out the above-stated policy, the Land Administration Authority, herein
+referred to as the Authority, is hereby authorized to use an automated fand
+registration system, herein referred to as the System, for the processing of
+Certificate of Title in an expeditious registration system, and other
+documents necessary as required by PD 1529 and other related iaws.
+
+To achieve the purpose of this Act, the Authority is authorized to
+purchase, lease or enter into contract and/or hire services needed for the
+implementation of computerized registration through out the country using
+
+the automated machine.
+
+SEC. 42. Procurement of Equipment and Materials — The Authority shall
+purchase or tease automated machine, computer equipment, devices and
+materials needed for land registration and scanning documents from any
+local or foreign domestic corporation, free from taxes and import duties,
+subject to accounting and auditing rules and regulations.
+
+SEC. 43. Land Administration One Stop Processing Centers - For purposes of
+low cost, economic and speedy land administration, the Authority shall
+establish Land Administration One-Stop Processing Centers (LAOSPs) in the
+regions, which shail centralize the processing and issuance of all required
+permits, clearances and other related documents. Requirements for
+
+
+21
+
+22
+
+2
+
+24
+
+25
+
+26
+
+a
+
+28
+
+29
+
+u
+
+32
+
+33
+
+34
+
+35
+
+registration of land titles and deeds shall be limited only to those provided
+for in PD 1529 and Act 496, All other requirements for registration provided
+for under existing statutes, circulars, regulations and issuances of other
+agencies inconsistent with this provision shall be rendered inoperative. Any
+imposition of additional registration requirements shall be the sole and
+exclusive prerogative of the Authority. All agencies involved in the issuance
+of clearances, permits shall be represented in the One-Stop Processing
+Centers and shall assign to LAOSP regional centers personnel who shall be
+sufficiently authorized to process and issue the same.
+
+SEC. 44. Disclosure and Divestment of Financial Interest ~ Before assumption
+into ottice, the Administrator, the Deputy Administrators, the Department
+Directors, Land Registration Officers, shail submit to the CSC a list of all
+companies, partnership or business enterprises, including non-profit
+organizations, in which they or any immediate member of their families
+within the second degree of consanguinity or affinity, have any form of
+financial interest or employment relationship, including consultancy:
+Provided, However, That all other forms of employment relationship held by
+the heads of the Offices of the Authority shall immediately be terminated
+upon assumption into office.
+
+SEC. 45. Relationship with Other Government Departments - The Authority
+and its priority projects shall enjoy preferential attention from the DENR,
+DAR, DA and the LGUs, relative to the issuance of necessary permits,
+clearances necessary for the implementation of programs and projects.
+SEC. 46, Mandatory Review Two (2) Years after the Enactment of this Act. ~
+The Authority shall review the mandates of the restructure agencies and
+recommend necessary legislation to insure consistency with the policy of
+this Act and avoid duplication of functions or any other dysfunction within
+the Agency.
+
+SEC. 47. Separability Clause - Should any provision of this Act or any part
+thereof be declared unconstitutional or invalid by a court, the other
+provisions hereof which are not affected thereby, shall remain in force and
+effect.
+
+SEC. 48, Repealing Clause - The pertinent provisions of CARL and IPRA with
+regard to the conduct of survey, approval of survey results, preparation
+and issuance of tenure instruments, and the provisions of PD 1529
+pertaining to the assurance fund are hereby amended.
+
+
+2B
+
+All other laws, decrees, orders, instructions, proclamations, rules and
+regulations of parts thereof, including pertinent provisions of Executive
+Order No. 192 and its related rules and regulations; and the Administrative
+Code of 1987, which are inconsistent with any provision of this Act, are
+hereby repealed, modified, or amended accordingly.
+SEC. 49. Effectivity — This Act shall take effect fifteen (15) days following its
+complete publication in at least two (2) national newspapers of general
+circulation.
+Approved.

data/document/hb/13/00001-01000/HB-00005.txt

@@ -0,0 +1,161 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Resolution No. __05_
+
+Introduced by Rep. SALACNIB F. BATERINA
+
+EXPLANATORY NOTE
+
+The law on infidelity in the custody of prisoners is of 1930
+vintage. The penalties considered harsh and cruel during those days
+are probably too tame in today’s milieu where crimes of unparalleled
+cruelty have become a daily occurrence. At the same time, the
+escape of prisoners or the flight of criminals who are virtually
+captured has very often scandalized society. The government
+official or employee who has charge of a prisoner more often commit
+such infidelity in the custody because the penalty for such a
+dastardly act is light, and therefore, the lure to illegally free a
+prisoner through bribery is very great if not too tempting. One who
+frees a prisoner is part of the commission of the offense perpetrated
+by the prisoner, A guard who frees an inmate not only participates
+Post litem to the commission of the crimes of the offender but
+turned traitor to the government and the laws he is sworn to protect
+and respect.
+
+In the Penal Code the penaity for the crime- of freeing a
+convicted prisoners by their guard/keepers is prision correctional in
+its medium to its maximum period, therefore, the penalty begins at
+two (2) years and one day to 6 years. However for the crime oe
+infidelity in the custody of prisoners who are merely in detention,
+the penalty is prision correctional in its minimum period, which is 6
+months and one day to two (2) years. The emphasis of the imposition
+of the penalty is based on whether the prisoner is convicted or
+merely in detention. To us, this categorization is not proper and is
+insufficient because it is not based on the gravity of the offense of
+the prisoner. True, the accused is deemed innocent until he is
+convicted. But today, there are occurrence of crimes that are so
+odious and atrocious that it despoils the human being and violate
+the sensibilities of man.
+
+
+The commission of crimes that are heinous, like murder, the
+massacre or the extermination of a family, terrorism, genocide by
+the use of weapon of mass destruction like dynamite and explosion
+have become nightmares which threaten the stability of the
+government. Yet every now and then we are scandalized by the
+rampant escape of those accused of terrorism, economic sabotage,
+massacre and similar terrible felonies from their high security
+incarceration while the officials and the personnel in charge of the
+detainee literally go scot-free because the highest penalty they can
+be meted out is two years imprisonment. Society must therefore act
+through the law-making body of the government. The imposition of a
+steeper penalty is but a defense of society against government
+officials and employees who desecrate their duty as care takers of
+detention prisoners. it is not only valid but logical as dictated by
+necessity that the penalty of the crime of infidelity of a custodian
+be made in proportion to the gravity of the crimes of the illegally
+freed offender.
+
+The approval of this bill into law at the earliest possible time
+is our paramount concern.
+
+SALACNIB F. RINA
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill No. 05
+
+Introduced by Rep. SALACNIB F. BATERINA
+
+AN ACT DEFINING THE CRIME OF BETRAYAL OF DUTY IN THE CUSTODY OF
+PRISONERS PROVIDING FOR ADDITIONAL RULES ON THE IMPRISONMENT,
+DETENTION, CONFINEMENT AND CUSTODY OF PRISONERS AND DETAINEES,
+SPECIFYING ADDITIONAL WORK AND RESPONSIBILITIES OF GOVERNMENT
+PERSONNEL CHARGED WITH THE CUSTODY OF SUCH PRISONERS AND
+‘STATING THE PENALTIES THEREFORE, AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. Any provision of law to the contrary not withstanding, the crime
+of betrayal of duty in the custody of prisoners and detained persons is hereby
+defined as an act or series of acts whereby a person or persons charged with
+the custody of prisoners, detained persons under preventive imprisonment,
+persons arrested in the act of committing a crime. persons who are wanted in
+foreign countries by which the Philippines has a treaty of reciprocity for
+extradition, persons who committed heinous crimes, terrorist and war criminals or
+one engaged in economic sabotage, shall allow without legal justification the
+escape of such prisoner or persons similarly situated shall be punished with a
+penalty which is one degree lower than the penalty imposed for the offense
+which the detainee is charged wit or convicted of, PROVIDED THAT in no case
+
+shall the penalty imposed be lower than prision correctional in its minimum
+
+
+20
+
+21
+
+2
+
+23
+
+25
+
+26
+
+period. PROVIDED FURTHER THAT for the escape of a detainee wanted by a
+foreign country, the penalty of prision corectional in its maximum period shall
+be meted out, and, PROVIDED FURTHERMORE THAT for the escape of the
+prisoners who are accused of the commission of heinous, terrorism, war crimes.
+and economic sabotage, the penalty of life imprisonment shall be imposed
+without any provision for parol, PROVIDED FINALLY THAT the persons convicted
+of the crime of betrayal of duty in the custody of prisoners shall likewise suffer
+special permanent disqualification if the detainee shall have been convicted or
+who has admitted his guilt in open court, even if the decision of conviction has
+not been rendered.
+
+SECTION 2. In addition to the requirement considered necessary in the
+custody of prisoners, imposed by present rules and regulations, the office or
+institution for high risk detainees, shall establish or add to existing rules, a record
+of the time the detained person was accepted by the institution, name of the
+persons guarding the detainee or detainees, the time and date there were turn
+over of guards, properly signed and acknowledged by said personnel guarding
+the detainee(s), the movement of the detainees from and to his room or cell
+of detention, his transfer from one institution or detention to another and such
+record shall at all time be properly signed and acknowledged in the said
+records by the persons ort person in custody.
+
+SECTION 3. Person, though not in charge of the detainee, who enjoys a
+higher rank than the custodian of the prisoner who shall cause, ald, abet and
+facilitate the escape of a detainee, shall suffer the same penalty as the persons
+who are in custody of the prisoner but that in imposing the penalty, the court or
+tribunal shall impose the same in its maximum period, where the same is
+
+divisible. Provided, however, that the court shall , in every case, impose
+
+
+2
+
+3
+
+4
+
+penalties under this Act in the degree that will be fair and umane as the case
+may be.
+
+SECTION 4. This Act shall take effect fifteen (15) days from its publication in
+at least two newspapers of general circulation in the Philippines.
+
+Approved.

data/document/hb/13/00001-01000/HB-00006.txt

@@ -0,0 +1,127 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+06
+
+House BillNo.
+
+Introduced by SALACNIB F. BATERINA
+
+EXPLANATORY NOTE
+
+The Philippine Penal System's method of retributive justice is vengeful and
+barbaric, Reminiscent of the Lex Talionis, which e enunciates the old system of sanction
+simplified as "eye for an eye”, a tooth for a tooth”, is blatantly contradictory to the
+higher values of law and justice. The state surely must NOT answer the criminal with his
+‘own weapon: Destruction. Punishment for punishment ‘s sake is repugnant to civilized
+men. And whether it be the ultimate or most minor penalty, it has to be the by-product to
+our society’s system of control and not its purpose.
+
+As a Catholic country, we know the value of human life; that it is precious as to be
+worth a lifetime job of rehabilitation, Since it is wrong to kill, the State should not set the
+example and be the first to respect human life, for an execution of a convict is a self-
+mutilation of the State. it is not empowered to eliminate a citizen, for when it does, it
+does not to erase a crime but rather repeats it.
+
+The existence of the death penalty in our penal system debases justice, for it
+falsifies criminal proceedings by taking on the character of a tragi-comedy. Capital
+punishment is a form of cruelty and inhumanity unworthy of a society which claims to be
+humane. Since the death penalty is irrevocable, and judicial error is always possible, the
+penalty appears as an unpardonable crime committed by society on its citizens. It is no
+more than a lazy answer which j\hinders the search for effective means of curbing crime
+and for a rational system of prevention. Loom
+
+Again, for our being a Christian country, we should remember that murder of Cain
+and Abel was not punished with death, for as it was written in the Gospel, vengeance in
+not ours but God’s.
+
+A segment of our people may say that the crimes that have proliferated are now
+too heinous to be meted with just an imprisonment for life. “The arguments goes back to
+the old absolute theory of retribution or expiation as a means of sanction for an offense
+(quia pecatum est). The Anglo-American criminalists have’abandoned the idea of
+retribution and punishment and substituted it with treatment, based on a study of the
+Personality of the convict.” (Aquino, RC THE REVISED PENAL CODE, Vol. |, p. 586, 1997) A
+crime is not the end result of just one environmental circumstance in the life of a felon. It
+is the multi-excrescence of the environment and society working on a misplaced
+individual.
+
+it is likewise further argued that there are more than 500 death convicts now
+
+housed in our national penitentiary, therefore to support these convicts during his natural
+lifetime is too uneconomical. And therefore their elimination can save a lot of public
+
+Page 1 of 2
+
+
+money which could fund priority programs of government. We say this is the worst
+argument that can be leveled against the abolition of capital punishment. It is the
+argument of materialism and does not sit well with all the religions, whether Christian or
+of other beliefs in our country.
+
+People further ask: "How can you reform a rapist of his child?” We say “Could it
+not be that the criminal act was the outcome of the felon’s illegal drugs?” Therefore he
+still can be rehabilitated. Yet rehabilitation is not the answer. Killing by the state as we
+herein before stated fs w\answering the criminal with his chosen weapon.
+
+Consistent, therefore with the Government’s aim of lifting up the dignity and
+intrinsic value of the Filipino through its various rehabilitation programs, convicted
+criminals, being by-products of their environment, should also be given the opportunity
+for rehabilitation, but by considering his potentials for reformation and rehabilitation. It is
+for this reason, and parallel to the aspirations of the Macapagal-Arroyo administration in
+enhancing the poor Filipino’s worth, (as it is well known that the vast majority in the
+convicts are the poor.) towards his neighbors and with himself. That the government
+should apply a punishment which does not prevent a convict from ever coming to a
+realization of ethical and moral values, even if he may realize them only through
+strenuous work and the fulfillment of duties within the narrow confines of prison
+community.
+
+Not only for the aforementioned reasons must we regard the proposal to abolish
+the capital punishment as urgent, but more so because it precludes reparation for a
+wrongful conviction; it hampers preventive and remedial action; it dares , rather than
+deters hardened criminals; it glamorizes crime fort eh mentally unstable; it feeds some
+debased press with brutal material, and breeds callous judges and counsels, but more
+importantly, capital punishment is incompatible with the self-respect of a civilized nation.
+
+Approval of this bill is urgently and anxiously solicited.
+
+Province of/locos Sur
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill No. 06
+
+— eee
+Introduced by Rep. SALACNIB F. BATERINA
+OO
+
+AN ACT ABOLISHING THE DEATH PENALTY, REPEALING FOR THIS PURPOSE
+REPUBLIC ACT NUMBERED 7659, AND AMENDING CERTAIN PROVISIONS OF
+LAW THAT IMPOSE DEATH AS A PENALTY FOR CRIMES COMMITTED
+
+Be it enacted by the Senate and House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. If is hereby ordained that no court in the Philippines shall
+impose death as a penalty for any crime or offense committed.
+
+SEC. 2. In lieu of death penalty, courts must impose the maximum penalty
+of reclusion perpetua or life imprisonment. Republic Act Numbered 7659 is
+hereby repealed. All laws, decrees, rules and regulations or part thereof, which
+are contrary to or inconsistent with this Act are hereby repealed accordingly.
+
+SEC. 3. If any of the provisions of this Act is declared unconstitutional, the
+remaining parts not affected thereby shall be in full force and effect.
+
+SEC. 4. This Act shall take effect fifteen (15) days from its publication in at
+least two newspapers of general circulation in the Philippines.
+
+Approved.

data/document/hb/13/00001-01000/HB-00010.txt

@@ -0,0 +1,148 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HOUSE BILL NO. 10
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+EXPLANATORY NOTE
+Justice, even in heinous crimes, should not equate with killing the offender.
+This bill seeks to abolish the death penalty for the following reasons:
+
+1. The death penalty is the most “cruel, inhuman or degrading” punishment
+and has no place in civilized society. Hence, the campaign of the United
+Nations to persuade member-states to abolish capital punishment. To date
+more than half of the countries in the world have done away with the death
+penaity except for crimes against the State like treason or espionage.
+
+2. Experience in countries which impose the death penalty has shown that this
+severest punishment has failed as a deterrent to crime. Dr. Peter Albrecht,
+Presiding Judge of the Criminal Circuit Court in Basel, Switzerland
+unequivocally asserted that “neither on the basis of crime statistics nor by
+any other method has it been possible to demonstrate convincingly that the
+death penalty has a greater deterrent effect than long prison sentences,
+Nowhere, for example, has a rise in homicide rate been observed as a result
+of the abolition of the death penalty for murder, nor do I personally know of
+any empirical studies which would indicate that executions have been able
+to reduce the level of drug abuse.”
+
+The US FBI Preliminary Uniform Crime Report 2002 revealed that murder
+rates in southern states increased by 2.1% even though they account for
+82% of all executions in the United States since 1976 while murder rates in
+northeastern states which account for less than 1% of all executions have
+actually decreased by almost 5%.
+
+What prevents people from committing crimes is the certainty of
+apprehension, speedy prosecution and if warranted, conviction.
+
+3. Execution is a violent act that has a “brutalizing effect” which incites the
+violent tendencies of criminals and even of the public. This was
+demonstrated by the enraged clamor for the death of Leo Echagaray in
+1999,
+
+Dr. Iur Margrith Bigler-Eggenberger, Judge of the Federal Court of
+Switzerland, in her Statement on the Death Penalty for Drug Offences
+posited that the death penalty “increases the likelihood that drug dealers
+will endanger law officers in the attempt to avoid capture. It even entails
+
+
+the danger that drug addicts—children and young people included—who
+often deal to support their own habits, will themselves be executed.”
+
+The death penalty is retrogression to public vengeance even as it shuts out
+rehabilitative justice. It forecloses the Opportunity for the offender to reform
+and be able to contribute to the good of society once he or she is released
+from prison.
+
+The death penalty, in its ruthless disregard for human life, places the
+government in an inconsistent position with regard to its commitment to the
+Tule of law and the protection and promotion of human rights.
+
+The act of killing is final. ‘Thus, a miscarriage of justice is irrevocable. A
+Judicial error that confines the accused in prison for years can still be
+rectified. Based on statistics on death convicts from the Bureau of
+Corrections as of July 2001, forty-three (43) were acquitted, four hundred
+twenty-six (426) had their death penalty modified to reclusion perpetua and
+twelve (12) cases were remanded to the lower courts or set aside.
+
+The death penalty is anti-poor. Failure to hire adequate legal counsel due to
+Poverty contributes to unwarranted conviction of the accused and the
+meting out of death sentences. A study on the socio-economic background
+of 1010 death convicts in 2001 reveals that 481 (47.62%) are industrial and
+Service workers, 316 (32.24%) agricultural workers, 116 (11.49%) other
+low income earners and 24 (2.38%) are jobless constituting a total of 937
+(93.73%).
+
+Accordingly, approval of this measure is earnestly sought.
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+10
+HOUSE BILL NO.
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+AN ACT
+ABOLISHING THE DEATH PENALTY IN THE PHILIPPINES
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. Death, as a penalty, is hereby abolished in the Philippines. For this
+purpose, Articles 25, 40, 70, 71, 74 of the Revised Penal Code are expressly repealed,
+amended or modified insofar as they provide for the penalty of death as a principal
+penalty and for its accessory penalties under the Revised Penal Code. All other special
+statutes that provide for the penalty of death shall be considered amended or modified
+accordingly. Should the penalty of death be provided as the sole and mandatory penalty
+in the special penal statute or the Revised Penal Code, the penalty shall be substituted
+with that of reciusion perpetua or life imprisonment, as the case may be.
+
+SEC. 2. Article 63 of the Revised Penal Code is hereby amended to read as
+follows:
+
+“Article 63. Rules for the Application of Indivisible Penalties. - In ali
+cases in which the law prescribes a single indivisible penalty, it shall be
+applied by the courts regardless of any mitigating or aggravating
+circumstances that may have attended the commission of the deed.”
+
+[In all cases in which the law prescribes a penalty composed of two
+indivisible penalties, the following rules shall be observed in the
+application thereof:
+
+1, When in the commission of the deed there is present only one
+aggravating circumstance, the greater penalty shall be applied.
+
+
+2. When there are neither mitigating nor aggravating
+circumstances in the commission of the deed, the lesser penalty shall be
+applied.
+
+3. When the commission of the act is attended by some mitigating
+Circumstances and there is no aggravating circumstance, the lesser
+penalty shall be applied.
+
+4. When both mitigating and aggravating circumstances attended
+the commission of the act, the court shall reasonably allow them to offset
+one another in consideration of their number and importance, with the
+Preceding rules, according to the result of such compensation.]
+
+‘SEC. 3, Republic Act No. 7659, as amended by Republic Act No. 8177, and
+all other laws inconsistent with this Act are hereby repealed or amended
+
+accordingly.
+
+SEC. 4. This Act shall take effect fifteen (15) days after its Publication in
+two (2) newspapers of national circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00011.txt

@@ -0,0 +1,401 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+Thirteenth Congress
+First Regular Session
+
+House prt No. 11
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+EXPLANATORY NOTE
+
+Enforced or involuntary disappearance is a sudden and forcible arrest, detention or
+abduction of a person or group of persons who are actually or allegedly involved in social
+transformation or in upholding and defending the civil, political, economic, social and
+cultural rights of the people. It is perpetrated directly or indirectly by agents of the State
+who refuse to disclose the whereabouts of the victims or to acknowledge the detention
+with the intention of depriving them protection of the law for a prolonged period of time.
+
+Involuntary disappearance “is one of the most cruel forms of human rights
+violations. It violates not only thé-right to liberty and security of the person, the right
+against “torture, force, violence, threat, intimidation..., secret detention places, solitary,
+incommunicado or other forms of similar detention, which are guaranteed by the
+Constitution, but practically all human rights including the right to life. The victims are
+deprived of due process of law and are forced to éndure unimaginable indignities and
+atrocities in the hands of the perpetrators.
+
+The State resorts to involuntary disappearance to stifle dissent and to silence
+political activists. The atrocious offense is practiced in no less that 65 States. In the
+Philippines, The Families of Victims of Involuntary Disappearance (FIND) has already
+documented 1,662 out of the 1,871 reported cases of enforced or. involuntary
+disappearance as of March 2004. Of these cases 1,094- are still missing, 327 have
+surfaced alive and 241 found dead. Eight hundred fifty-five (855) involuntarily
+disappeared during the Marcos regime, 820 under the Aquino administration, 87 under
+Ramos, 58 under Estrada and 51 under the Macapagal-Arroyo dispensation.
+
+Involuntary disappearance may no longer be rampant but is still unabated. Not a
+
+single case has been resolved. No perpetrator has been punished. No victim or his/her
+family has been indemnified.
+
+The families and relatives of some victims have filed in court 14 cases. In the
+absence, however, of a law penalizing involuntary disappearance, the cases are lodged as
+kidnapping, murder, serious illegal detention or a combination of the last two offenses. It
+is, therefore, urgent to enact a special faw defining and penalizing enforced or
+involuntary disappearance as a crime distinct from kidnapping, serious illegat detention or
+fourder. Hence, this bill.
+
+As its salient features this bill:
+
+
+Adopts the United Nations definition of enforced or involuntary disappearance as an
+‘act committed when the person is arrested, detained or abducted against his/her will
+‘or otherwise deprived of his/her liberty by officials or employees of any branch,
+subdivision, agency or instrumentality of Government or by organized groups or
+private individuals acting on behalf of or with the support, direct or indirect, consent
+or acquiescence of the Government, and who refuse to disclose the victims fate or to
+acknowledge that he/she was detained, thus placing such person outside the
+protection of the law;
+
+Considers enforced or involuntary disappearance as a continuing offense as long as
+the perpetrators continue to conceal the fate and the whereabouts of the persons
+who have disappeared and the facts remain unverified;
+
+Disallows time limitation for the prosecution of persons responsible for the
+commission of enforced or involuntary disappearance;
+
+Prescribes reclusion temporal or reclusion perpetua, depending on the gravity of the
+offense, as penalties for enforced or involuntary disappearance;
+
+Excludes perpetrators of enforced or involuntary disappearance from coverage of any
+amnesty !aw or similar measures that will have the effect of exonerating the
+offenders;
+
+Holds the immediate commanding officer or equivalent senior officer of the
+perpetrators of enforced or inVoluntary disappearance criminally liable for the same
+offense; ~
+
+Proscribes an order from a superior officer or public authority from being invoked as
+justification for taking part in the commission of an enforced or involuntary
+disappearance;
+
+Entitles victims of involuntary disappearance who reappeared alive to monetary
+compensation, rehabilitation, arid restitution of honor and reputation, the nearest of
+kin of the victims may claim compensation under applicable laws and other financial
+
+relief programs of Government without prejudice to other legal remedies that may be
+available to them; .
+
+Prohibits enforced or involuntary disappearance and the suspension of fundamental
+safeguards for its prevention under all circumstances including political instability,
+threat of war, state of war or other public emergency;
+
+Proscribes “order of battle” as a ground for the commission of enforced or involuntary
+disappearance;
+
+Mandates holding of persons deprived of liberty only in officially recognized and
+
+controlled places of detention where up-to-date registers of such persons shall be
+maintained; ig
+
+Requires competent representatives of the Commission on Human Rights to conduct
+
+regular, independent, unannounced and unrestricted visits of inspection to all places
+of detention;
+
+Guarantees right information on the whereabouts of detained persons and access to
+the places where they are held by their families, relatives, lawyers, judges and other
+
+
+Persons with legitimate interest in such information and the condition of the
+detainees;
+
+* Provides for preventive suspension of perpetrators of enforced or involuntary
+disappearance upon filing of information or complaint in the proper civilian court until
+the promulgation of judgment;
+
+¢ Holds perpetrators and State authorities which organized, acquiesced in or tolerated
+enforced or Involuntary disappearance liable under civil law;
+
+* Mandates appropriate government agencies to ensure the safety of the victims and all
+Persons involved in the search, Investigation and Prosecution of enforced or
+involuntary disappearance;
+
+* Creates an enforced or involuntary disappearance fund sourced from the 2% of the
+filing fees in civil cases and special Proceedings before all courts including the Court of
+Appeals and the Supreme Court;
+
+* Creates an Oversight Committee headed by a Commissioner of the Philippine
+
+Commission on Human Rights to periodically oversee compliance with the Anti-
+Disappearance Act.
+
+This bill does not only seek to impose penalties on the perpetrators of enforced or
+involuntary -disappearance. but also to provide greater protection. from this odious
+transgression of human rights. ~~ =
+
+Crimes committed by agents of the State against the very people they have sworn to
+Protect are indeed reprehensible -acts that must be punished severely as the people’s
+defenders become their assailants. The people vest the State with vast powers for the
+protection of the people’s rights and the Promotion of their welfare. Thus, if the State
+uses these powers to mastermind and execute wrongful and cruel acts, like enforced or
+involuntary disappearance that deprive the people of the dignity that makes them
+human, the State must be held fiable both criminally and civilly.
+
+Accordingly, Congress is urged to Pass this legislation that seeks to institute remedies
+that address violations of the tight of every person to be protected from enforced or
+
+involuntary disappearance.
+EDCEL Cc. —_
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+‘Thirteenth Congress
+First Regular Session
+
+HOUSE BILLNO.__
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+AN ACT
+DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE AND FOR
+OTHER PURPOSES.
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Short Title - This Act shall be known as the “Anti-Enforced or Involuntary
+Disappearance Act of 2004”.
+
+SEC, 2. Declaration of Policy. - The State values the dignity of every human being and
+guarantees full respect for human rights for which highest priority shall be given to the
+enactment of measures for the enhancement of the right of the people to human dignity, the
+prohibition against enforced or involuntary disappearance, the provision for penal and civil
+sanctions for violations thereof, and compensation and rehabilitation of the victims and their
+families. Further, no acts of torture, force, violence, threat or intimidation or any act which
+vitiates the free will shall be employed against the person abducted, arrested, detained,
+disappeared or otherwise removed from the effective protection of the law.
+
+SEC. 3. Definition of Enforced or Involuntary Disappearance. - For purposes of
+this Act, enforced or involuntary disappearance shal! be deemed committed when a person is
+deprived of his/her liberty, in whatsoever form for political reason(s) by agents of the State or by
+private persons or group of persons acting with the authorization, support or acquiescence of the
+State, followed by an absence of information, or refusal to acknowledge the deprivation of iberty
+and information, or concealment of the fate or whereabouts of the disappeared person thus
+placing such person outside the protection of the law.
+
+In the event the prosecution fails to prove political motive, the deprivation of liberty of the
+victim who surfaces alive shalt be punishable as kidnapping under the Revised Penal Code. If the
+victim is ‘subsequently: found dead or his/her disappearance persists for over three (3) years,
+he/she is presumed killed by those responsible for his/her arrest or abduction, and the act of
+enforced or Involuntary disappearance in elther case shall be punishable as murder.
+
+SEC. 4. Permanent Prohibition of Enforced or Involuntary Disappearance. The
+prohibition of enforced or involuntary disappearance and the fundamental safeguards for its
+prevention shall not be suspended under any circumstances including political instability, threat of
+war, state of war or other public emergencies.
+
+SEC. 5. . “Order of Battle” Not Legal Ground for Enforced or Involuntary
+Disappearance. - An “Order of Battle”, official or otherwise, issued by the military, police or
+any law-enforcement agency of the Government, shall not justify an enforced or involuntary
+
+disappearance and shall subject the perpetrators to the same corresponding penalties provided in
+this Act.
+
+
+SEC. 6. Right of Victim of Enforced or Involuntary Disappearance. - It shall be the
+absolute right of a victim of enforced or involuntary disappearance to immediately inform his/her
+family, relative, lawyer(s) or a human rights organization by all means that are available and
+expeditious, by cellular phone, landline, courier, electronic mail, telegram, radio or other means,
+‘on his or her whereabouts and condition,
+
+SEC. 7. Duty of Person(s) Keeping, Arresting, or Detaining Victim(s) of Enforced
+or Involuntary Disappearance. - Any person(s) keeping, arresting or detaining a victim of
+enforced or involuntary disappearance or who shall leam or have information of such fact shall
+have the duty to immediately report in writing on the circumstances and whereabouts of such
+victim to the nearest office of the Philippine National Police (PNP), Armed Forces of the
+Philippines (AFP), Department of the Interior and Local Government (DILG), Department of
+National Defense (DND), the City or Provincial Public Prosecutor, the Commission on Human
+Rights (CHR) as well as the victim's family, relatives, lawyer(s) or to a human rights organization
+by the most expedient means.
+
+SEC. 8. Duty of Person(s) to Certify in Writing on the Results of Inquiry into a
+Possible Victim's Whereabouts. — In case a family member, relative, lawyer(s), human rights
+organization or member of the media inquires with a member or official of any police or military
+detention center, the PNP or any of Its agencies, the AFP or any of Its agencies, the NBI, or any
+other agency or instrumentality of the Government, as well as any hospital or morgue, public or
+private, on the presence or whereabouts of a reported victim of enforced or involuntary
+disappearance, such member or official shall immediately issue a certification in writing to the
+inquiring person or entity on the presence or absence and/or information on the whereabouts of
+‘such possible victim.
+
+SEC. 9, Duty of Inquest/fnvestigating Public Prosecutor or any Judicial or
+Quasl-judicial Employee or Official, — Any Inquest or Investigating Public Prosecutor or any
+judicial or quasi-judicial employee or official who learns of such disappearance and upon whom
+the victim of enforced or Involuntary disappearance is delivered for inquest or preliminary
+investigation or for any other judicial process, shall have the duty to immediately disclose such
+circumstances and the victim’s whereabouts to his/her immediate family, relatives, or lawyer/s or
+‘to a human rights organization by the most expedient means.
+
+SEC. 10. Official Up-to-Date Register of All Persons Detained or Confined. All
+persons deprived of liberty shall be held solely in officially recognized and controlled places of
+detention or confinement where an official up-to-date register of such persons shall be
+maintained. All information contained in the register shall be made available to the relatives,
+tawyers, judges, official bodies and to all persons who have legitimate interest in the information.
+
+SEC. 11. Visits of Inspection to All Places of Detention. Competent representatives
+of the Commission on Human Rights shall conduct regular, independent, unannounced and
+unrestricted visits of inspection to all places of detention and confinement.
+
+SEC. 12. Liability of Commanding Officer. — The immediate Commanding Officer or
+equivalent Senior Official shall be held liable for an enforced or Involuntary disappearance. Any
+failure on his/her part, whether done with deliberate intent or negligence to avert an act of
+enforced or involuntary disappearance shall be taken as evidence of conspiracy.
+
+‘SEC. 13. Penal Provisions. - (a) The Penalty of reciusion perpetua shall be imposed
+‘upon the following persons:
+
+1, Those who directly committed the act of enforced or involuntary disappearance;
+2. Those who directly forced, instigated, encouraged or induced others to commit the act
+of enforced or involuntary disappearance;
+3. Those who cooperated in the act of enforced or involuntary disappearance by
+committing another act without which the act of enforced or involuntary disappearance would not.
+have been carried out;
+
+
+4. Those officials who allowed the act of enforced or involuntary disappearance when it is
+within their power to stop the commission of such act;
+
+5. Those who cooperated in the execution of the act of enforced or involuntary
+disappearance by previous or simultaneous acts.
+
+(b) The penalty of reclusion temporal shall be imposed upon those who attempt to commit
+the offense of enforced or involuntary disappearance.
+
+(©) The penalty of reclusion temporal shall also be imposed upon the persons who, having
+knowledge of the act of enforced or involuntary disappearance, and without having participated
+therein, either as principals or accomplices, took part subsequent to its commission in any of the
+following manners:
+1, by themselves profiting from or assisting the offender to profit from the effects of the
+act of enforced or involuntary disappearance;
+2. by concealing the act of enforced or involuntary disappearance, and/or destroying the
+effects or instruments thereof, in order to prevent its discovery;
+3. by harboring, concealing, or assisting in the escape of the principal(s) in the act of
+enforced or involuntary disappearance, provided the accessory acts are done with the
+abuse of the official’s public functions.
+
+(d) The penalty of prision correccionat shall be imposed against any person who defies,
+ignores, or unduly delays compliance with a habeas corpus proceeding filed on behalf of the
+victim of enforced or Involuntary disappearance or to immediately follow or comply with an order
+of release by virtue of such habeas corpus proceeding or other appropriate judicial order.
+
+(e) ‘The penalty of arresto mayer shall be imposed against any person who violates the
+Provisions of Sections 6,7, 8 and 9 of this Act.
+
+SEC. 14. Preventive Suspension. - The perpetrators of and other participants in the
+commission of enforced or involuntaty disappearance shall be preventively suspended and
+Prohibited from performing any official duties upon the filing of the information or complaint in
+the proper court until the promulgation of judgment.
+
+SEC, 15. Civil Liability ~ Enforced or involuntary disappearance shall render its
+perpetrators and the State authorities which organized, acquiesced in or tolerated such
+disappearance liable under civil law.
+
+‘SEC. 16. Unlawful Order. ~ An order from a superior officer or a public authority. causing
+‘the commission of enforced or involuntary disappearance is unlawful and cannot be invoked as a
+Justifying circumstance.
+
+SEC, 17. Continuing Offense. - An act constituting enforced or involuntary
+disappearance shall be considered a continuing offense as long as the perpetrators continue to
+conceal the fate and the whereabouts of the persons who have disappeared and these facts
+remain unverified.
+
+SEC. 18, Exclusion from the Coverage of A Statute of Limitation. — The prosecution
+of persons responsible for enforced or involuntary disappearance shall not prescribe unless the
+
+victim surfaces alive, in which case, the prescriptive period shall start to run from the date of
+his/her reappearance.
+
+SEC. 19. Exclusion from the Coverage of Special Amnesty Law. — Persons who
+have committed the act of enforced or involuntary disappearance shall not benefit from any
+‘special amnesty law or similar measures that will have the effect of exempting them from any
+criminal proceedings and sanctions.
+
+SEC. 20, State’s Protection. — The State through its appropriate agencies shall ensure
+the safety of all persons involved In the search, investigation and prosecution of enforced or
+involuntary disappearance including the victims, their families, complainants, witnesses,
+
+
+representatives of human rights organizations, media and legal counsel. They shall likewise be
+protected from any act of intimidation or reprisal as a result of the filing of charges. Any person
+
+committing such ill treatment and/or acts of Intimidation or reprisal shall be Punished under
+existing laws,
+
+SEC. 21. Compensation to and/or Rehabilitation of Victims of Enforced or
+Involuntary Disappearance and/or Their Next-of-Kin. - The victims of enforced of
+involuntary disappearance who surfaced alive shall be entitled to monetary compensation,
+rehabilitation and restitution of honor and reputation. Such restitution of honor and reputation
+shall include immediate expunging or rectification of any derogatory record, information or public
+deciaration/statement on his/her personal circumstances, status, person, or affiliation by the
+appropriate government or private agency or agencies concerned.
+
+The next-of-kin of a victim of enforced or involuntary disappearance may also claim for
+
+Compensation as provided for under Republic Act 7309 and other relief programs of the
+Government,
+
+The package of indemnification for both the victims and the next-of-kin shall be without
+prejudice to other legal remedies that may be available to them.
+
+In order that the nearest of kin of victims of enforced or involuntary disappearance and
+the victims who surfaced alive may be effectively reintegrated into the mainstream of society and
+in the process of development, the State through the Commission on Human Rights shall provide
+them with appropriate medical care and rehabilitation free of charge.
+
+SEC. 22. Implementing Rules and Regulations. — Within thirty (30) days from the
+effectivity of this Act, the Department f Justice (DOJ), the Commission on Human Rights (CHR)
+and the Families of Victims of Involuntary Disappearance (FIND) shail jointly promulgate the rules
+and regulations for the effective implementation of this Act and shall ensure the full dissemination
+Of the same to the public in consultation with other human rights organizations such as the Asian
+Federation Against Enforced or Involuntary Disappearance, KARAPATAN and other human rights
+organizations.
+
+SEC. 23. Monitoring of Compliance With This Act. — An Oversight Committee is
+hereby created to periodically oversee the Implementation of this Act. The group shall be headed
+by a Commissioner of the Commission on Human Rights and with the following as members: One
+Undersecretary. of the Department of Justice, Chairperson of the Senate Committee on Justice
+and Human Rights, respective Chairpersons of the House of Representatives Committees on
+Justice and Civil and Political and Human Rights and the Secretary General of the Families of
+Victims of Involuntary Disappearance (FIND).
+
+SEC. 24. Suppletory Applications. - The provisions of the Revised Penal Code shall be
+‘suppletory to this Act,
+
+SEC. 25. Appropriations. ~ The funds necessary for the effective implementation of this
+‘Act shall be sourced from the contingent fund of the President for fiscal year 2004 and
+subsequently included in the budget of the Commission on Human Rights under the Genera!
+Appropriations Act of the year following the enactment of this Act.
+
+SEC. 26. Enforced or Involuntary Disappearance Fund. - In addition to the funding
+Sources provided for In the preceding section, two percent (2%) of the filing fees in civil cases
+and special proceedings before alll courts, including the Court of Appeals and the ‘Supreme Court,
+shall be collected to constitute an enforced or involuntary disappearance fund.
+
+SEC. 27. Separability Clause. - If any provision of this Act is dectared invalid, the
+remainder thereof not affected thereby shall continue to be In full force and effect.
+
+
+SEC. 28. Repealing Clause. ~ Ail laws, decrees, executive orders, rules and regulations
+and other issuances or parts thereof inconsistent with the provisions of this Act are hereby
+repealed or modified accordingly.
+
+SEC, 29, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
+at least two (2) newspapers of general circulation.
+
+Approved.

data/document/hb/13/00001-01000/HB-00012.txt

@@ -0,0 +1,248 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HousepritNo,___.. 12
+
+Introduced by
+HON. EDCEL C. LAGMAN
+
+EXPLANATORY NOTE
+
+The best safeguard to our democratic political system is an enlightened citizenry who
+cannot be cowed nor dictated upon.
+
+These are the citizens who would fight for their right to a better life; who would struggle
+individually and collectively to develop the country’s economy and make it globally competitive.
+
+These are the citizens who would farm and manufacture, manage businesses, build and
+lead organizations, run the government and uphoid the country’s independence.
+
+‘These are the citizens our laws must serve and protect. These are the citizens whose right
+to education the State must guarantee.
+
+Among these citizens are the underprivileged out-of-school youth and adults who have
+graduated from the elementary but are unable to go to high school because of geographic and
+socio-economic constraints.
+
+Many children of high school age are out of school because they have to stay at home
+during school hours to take care of younger siblings and do household chores to allow their parents
+and elders to earn a living. Others are prevented from attending classes regularly because they
+live far from the high school. In the case of youthful offenders, they cannct attend conventional
+classes because they are detained in correctional institutions.
+
+There are also the youth whose secondary education is hampered by armed conflict as what
+Presently besets the students in some areas in Mindanao.
+
+Recognizing the critical immediacy of addressing the need for secondary education of the
+aforementioned citizens, this measure seeks to institutionalize the open high school system in the
+country.
+
+The open high school system delivers educational services to high schoo! students utilizing
+print, radio, television and computer-based communications, satellite broadcasting,
+teleconferencing and other multi-media learning and teaching technologies that allow students to
+study on their own without having to regularly attend classes in conventional classrooms. This
+alternative learning system is consistent with the constitutional mandate to democratize access to
+quality education at all levels even as it “recognizes the vital role of the youth in nation-building.”
+
+Accordingly, approval of this bill is earnestly sought.
+
+EDCEL C. aaa 2
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+House sriino,__-12
+
+Introduced by
+HON EDCEL C. LAGMAN
+
+AN ACT
+INSTITUTIONALIZING THE OPEN HIGH SCHOOL SYSTEM IN THE PHILIPPINES,
+APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.
+
+&e it enacted by the Senate and the House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Short Title. - This Act shall be known as the “Open High Schoo! System Act
+of 2000”.
+
+SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
+broaden access to relevant quality education through the employment of an alternative learning
+system that would enable the youth including adults to overcome geographical, socio-economic
+and/or physical constraints to their completion of secondary education.
+
+SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are
+hereby defined:
+
+a.) Open High School System is a system of delivering educational services to high school
+students utilizing print, radio, television and computer-based communications, satellite
+broadcasting, teleconferencing, and other multi-media learning and teaching
+technologies that allow students to study on their own without having to regularly
+attend classes in conventional classrooms.
+
+Distance Learning Program is an educational program whereby the teaching and
+learning processes are accomplished through self-instructional materials that allow
+independent study, multi-channel learning and schoo!-family-community partnership.
+Inang Paaralan or Mother High School is a regular secondary school in the regional or
+division level that functions, among others, as: 1) headquarters of the distance
+learners and teachers; 2) center for enrolment, evaluation, direct or face-to-face
+instruction and promotion of distance learners; 3) receiver of donations, instructional
+materials and reports relative to distance learning; and 4) coordinator of the different
+learning centers in the community.
+
+d.) Guro is a regular secondary school teacher of the “Inang Paaralan” who is in charge of
+direct instruction, evaluation of student progress and keeping of the records of
+individual learners,
+
+Gurong Tagapatnubay is a regular secondary school teacher of the Inang paaralan who
+serves as guidance counselor to the distance learners; coordinates with the guro and
+para guro in evaluating the students’ progress; and prepares and submits reports to the
+authorities concerned.
+
+Gurong Kadtuan is @ resource person with specialized skills in practical or industrial
+subjects such as farming, handicraft, auto-mechanics, tailoring and other skills.
+
+b.
+
+G)
+
+e.
+
+f.
+
+
+g.) Para Guro is a degree holder or college level citizen/resident in the community who
+manages:a learning center and facilitates the learning process of a group of distance
+learners.
+
+h.) Tagapagpayong Pansamahan is the adviser of a club in the community who helps
+learners harmonize study with community service and leisure.
+
+SEC. 4, Institutionalization of the Open High School System. - To carry out the
+above-declared policy, the Open High School hereinafter referred to as the System. is hereby
+institutionalized in the Philippines in accordance with the provisions of the Act.
+
+SEC. 5. Coverage. — This Act shail apply to public secondary educational institutions with
+existing distance learning programs and all other such institutions that shall later be authorized as
+qualified implementers of the System.
+
+All existing programs and projects of the Bureau of Secondary Education regarding dropout
+intervention and poverty alleviation through education shall be part of the Open High School
+System.
+
+SEC. 6. Clientele of the System. — The System shall be open to all youth and adults who
+have finished elementary education and high school qualifiers of the Philippine Educational
+Placement Test (PEPT).
+
+SEC. 7. Administration and Supervision. - The Department of Education (DepEd) shall
+administer and supervise the System. An Open High School Unit shall be attached to the Bureau of
+‘Secondary Education (BSE) to assist the Bureau in performing the following functions:
+
+a) "Formulate the objectives and basic policies of the System;
+
+b) Formulate, adopt and supplement programs that will make the System effective and
+productive; cee
+
+) Monitor and evaluate existing distance learning programs for integration with the
+System;
+
+4) Develop and validate prototype instructional distance learning materials;
+
+) Consult and collaborate with other DepEd divisions, local government units (LGUs),
+Non-government organizations (NGOs) and other private agencies for the effective
+operation of the System;
+
+f) _ Promulgate the necessary guidelines, rules and regulations for the effective
+implementation of the System;
+
+9) Recommend to the DepEd the annual budget of the System for inclusion in the
+General Appropriations Act for the year; and
+
+h) Perform such other tasks as may be necessary to attain the objectives of the
+‘System.
+
+SEC. 8. Establishment of Distance Learning Centers. ~ Distance learning centers shall
+be established in the Inang Paaralan or in the community. The Center is a room of building where
+the distance learners can conduct researches or gather additional information on topics under
+
+study. It can also serve as a venue where the Gurong Kadluan can conduct hands-on
+exercises/activities.
+
+SEC. 9. Collaboration between the Department of Education (DepEd) and the
+Department of Interior and Local Government (DILG). - The DepEd and DILG shall sign a
+Memorandum of Agreement (MOA) defining the role of local government uits in the operation of
+the System in order to ensure maximum collaboration between DepEd and local government units
+toward the success of the System.
+
+SEC 10. Role of Government Broadcast Stations and Telecommunication
+Networks. — Government broadcast stations and telecommunication networks shall provide the
+
+necessary assistance and support to the System; Provided, That private stations and networks shall
+‘also be encouraged to provide the same.
+
+
+SEC. 11. Role of Parents. - Parents of distance learners shall be provided with adequate
+information on the System as well as for sharing experiences to enable them to competently assist
+their children in their distance learning.
+
+SEC. 12 Personnel Recruitment and Incentives. - All personnel involved in the
+
+System shall have adequate and appropriate education and training to be determined by the BSE-
+Deped.
+
+Teachers or Guros and Gurong Tagapatnubay shall receive incentives and/or monetary
+compensation as determined by the BSE-DepEd while Para Guro, Gurong Kadluan and Tagapayong
+Pansamahan shall receive honoraria, to be arranged with the local school board.
+
+It shall be the duty of the local government units concerned to employ the Para Guro,
+Gurong Kadluan and Tagapayong Pansamahan in accordance with the guidelines on hiring such
+personnel prepared upon prior consultation with the BSE-DepEd and issued by the same LGUs.
+
+SEC. 13. Training of the System's Teachers. - The Open High School Unit attached to
+the Bureau of Secondary Education shall take charge of the training of the Guro, Gurong
+Tagapatnubay, Gurong Kadluan, Para Guro and Tagapayong Pansamahan.
+
+The training of the Para Guro, Gurong Kadluan and Tagapayong Pansamahan shall be in
+coordination with the local government units and non-government organizations concerned.
+
+SEC, 14. Curriculum Content. - The System shall adopt the National Secondary
+
+Education Curriculum (NSEC) using the Philippine Secondary Schools Learning Competencies
+(PSSLC).
+
+The Open High School System -Unit in collaboration with the Curriculum Development
+Division, Bureau of Secondary Education'(BSE) shall modify the herein adopted curriculum, devise a
+rating system, instructional strategies and materials that will suit the psycho-social needs and
+physical condition of conduct disordered and antisocial learners who are detained in correctional
+institutions. In the discharge of this function, the BSE shall consult with professional psychiatrists,
+Psychologists, social workers and other related experts who manage or deal with youth offenders
+who are undergoing rehabilitation.
+
+SEC. 15. Implementing Rules and Regulations. - The Department of Education,
+through the Curriculum Development Division of the Bureau of Secondary Education, upon prior
+consultation with the Committees on Education of the Senate and the House of Representatives,
+shall issue the necessary rules and regulations for the effective implementation of this Act within a
+period of ninety (90) days after its approval.
+
+SEC. 16. Appropriations. - The amount necessary for the initial implementation of this
+Act, shall be charged against the current year’s appropriation of the Distance Learning Program of
+the BSE-DepEd. Thereafter, such sums as may be necessary for its continued implementation shall
+be included in the annual General Appropriations Act.
+
+SEC. 17. Separability Clause. - if any provision of this Act is declared invalid or
+unconstitutional, the other provisions not so declared shall remain in force and effect.
+
+SEC. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
+thereof inconsistent with this Act are hereby repealed or modified accordingly.
+
+SEC. 19. Effectivity. - This Act shall take effect immediately upon its approval.
+Approved,

data/document/hb/13/00001-01000/HB-00013.txt

@@ -0,0 +1,107 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HOUSE BILL NO,___- 13
+
+EXPLANATORY NOTE
+
+Statistics from the Department of Education (DepEd) show that the cohort survival rate
+for school year 2001-2002 for elementary and high school levels are 67.13% and 73.16%,
+respectively. This means that out of every one hundred (100) students who enter Grade 1
+only seven (7) finish Grade 6. And of these seven (7), only five (5) graduate from high school.
+
+Despite government's provision for free tuition in the public schools, parents can still
+hardly shoulder their children’s other educational expenses, As a consequence, close to 5
+million or 15% of Filipino youth aged 7-18 are out of school.
+
+‘The soaring cost of living (P538.00 in Metro Manila) has constricted the family budget
+for education. Thus, there has been a marked increase in enrollment in the less expensive
+public schools. Enrollment in public elementary schools nationwide rose from 11,832,611 in the
+school year 2000-2001 to 11,916,686 In the school year 2001-2002 or an increase of 84,075
+‘students. On the other hand, enrollment in private elementary schools fell from 927,289 in the
+School year 2000-2001 to 909,532 in the school year 2001-2002 or a decrease of 17,757
+students.
+
+The rising costs of education amid the declining value of real wages weigh heavily on
+the shoulders of Filipino parents. One efficacious way of easing the burden of education on
+poor families is through scholarship grants. However, government, non-government
+organizations or foundations are hard-pressed to raise scholarship funds. The total number of
+government scholars in AY 2001-2002 decreased to 40,294 from 44,876 in AY 2000-2001.
+
+In AY 2001-2002, a total of P374,842,000.00 was allocated for the scholarship/study
+grant/loan programs of the Commission on Higher Education (CHED). Of this amount
+P69,347,990.00 was sourced from the General Appropriations Act (GAA) and P305,494,210.00
+from the Higher Education Development Fund (HEDF). This amount benefited only 38,644
+scholars and is far from sufficient to meet the growing need for scholarship by poor but
+deserving students. Thus, it is imperative for the private sector to complement the scholarship
+programs of the government. Private Individuals, corporations, partnerships or
+instrumentalities must also be encouraged to donate to scholarship foundations.
+
+As an incentive to donors to scholarship foundations, this bill seeks to exempt any
+individual, corporation, partnership or instrumentality donating to a scholarship foundation
+from paying donor's tax. It further provides that the total amount or sum of the amounts
+donated shall be deducted from the personal or corporate tax Imposed on the donor.
+
+In support of the constitutional mandate for the State to “establish and maintain a
+
+system of scholarship grants... to deserving students in both public and private schools,
+especially to the underprivileged,” immediate approval of this measure is earnestly sought.
+
+EDCEL C. _
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+House Briino__13
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+AN ACT
+GRANTING TAX BENEFITS TO PRIVATE INDIVIDUALS, CORPORATIONS,
+PARTNERSHIPS OR INSTRUMENTALITIES DONATING TO A SCHOLARSHIP
+FOUNDATION AMENDING FOR THE PURPOSE THE TAX REFORM ACT OF 1997.
+
+Be it enacted by the Senate and the Hose of Representatives of the Philippines in Congress
+assembled.
+
+SECTION 1. Section 101 of Republic Act No. 8424 othe4rwise known as the “Tax
+Reform Act of 1997” is hereby amended to read as follows:
+
+‘SEC. 101. Exemption of Certain Gifts. - The following gifts or donations shall be exempt
+from the tax provided for in this Chapter:
+
+“(A) In the Case of gifts Made by a Resident. -
+“a x x x
+"Q x xX xX
+
+“(3) Gifts in favor of an educational and/or charitable, religious , cultural and social
+welfare corporation, institution, accredited nongovernment organization, trust or philantropic
+organization, SCHOLARSHIP FOUNDATION or research institution or organization:
+Provided, however, ‘That not more than thirty percent (30%) of said gifts shall be used by
+such donee for administration purposes. For the purpose of this exemption, ‘a non-profit
+educational and/or charitable corporation, institution, accredited nongovernment
+organization, trust or pl tropic organization, SCHOLARSHIP FOUNDATION
+and/or research institution or organization’ is a school, college or university and/or
+charitable corporation, accredited nongovernment, trust or philantropic organization,
+SCHOLARSHIP FOUNDATION and/or research institution or organization, incorporated as a
+nonstock entity, paying no dividends, governed by trustees who received no compensation,
+and devoting all its income, whether student's fees or gifts, donations, subsidies or other forms
+of philantropy, to the accomplishment and promotion of the purposes enumerated in the
+Articles of Incorporation: PROVIDED, FURTHER, THAT THE TOTAL AMOUNT OR THE SUM
+OF THE AMOUNTS DONATED BY ANY INDIVIDUAL, CORPORATION, PARTNERSHIP
+OR INSTRUMENTALITY TO A SCHOLARSHIP FOUNDATION SHALL BE DEDUCTED
+FROM THE AMOUNT OF PERSONAL OR CORPORATE TAX IMPOSED ON THE DONOR.
+
+x x x
+Sec. 2. This Act shall take effect upon its approval.
+
+Approved.

data/document/hb/13/00001-01000/HB-00014.txt

@@ -0,0 +1,236 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill no___14_
+
+Explanatory Note
+
+It is indisputable that the country's economic productivity is considerably affected by the
+health status of its fabor force. In the same vein, the learning capacities of students including their
+acquisition of knowledge and skills that are essential in the production of goods and services are
+likewise greatly influenced by the health condition of the learners.
+
+Thus, the Constitution under Section 15 of Article II mandates the State to“... to protect and
+promote the right to health of the people and instill health consciousness among them.” The
+injunction aims to develop an integrated, responsive and efficacious health care system that can
+enhance national development.
+
+Lamentably, government has never given health care the priority it deserves. Its P9.9-8
+health budget for FY 2004 is a minuscule 1.62% of the P609-B total national budget. Neither do
+Filipino families prioritize health. In the highlights of the 1997 Family Income and Expenditures
+Survey (FIES) released by the National Statistics Office (NSO), health expenditure is not at all
+specified. It is subsumed under the expenditures on “others”. In the 1988 FIES health’s share in
+the total family expenditures was only 2%, even smaller than the 3% share of tobacco and alcoholic
+beverages.
+
+It is urgent that health consciousness be instilled among Filipinos. Needless to stress, the
+school plays a vital role in making the people aware of the importance of health care.
+
+Toward this end, government commits to “... fully integrate our health care system with the
+school system, with preventive health care, personal hygiene, and nutrition education being pursued
+as active programs in basic education.”
+
+The School Health and Nutrition Program (SHNP) of the Department of Education, Culture and
+Sports (DECS), which is designed to promote, protect and maintain the health and nutritional well-
+being of the various sectors of elementary and secondary educational institutions, needs to be
+modemized and upgraded to maximize its contribution to quality basic education.
+
+This proposed legislation that seeks to modernize the SHNP prioritizes the following concerns:
+
+@. Recruitment of school health and nutrition personnel to attain the ratio of one personnel to
+2,000 pupils/teachers over a five-year period;
+
+b. Upgrading of the salary of health and nutrition personnel to be at par with counterparts in
+other Departments and full implementation of the benefits of the Magna Carta for Public
+Health Workers;
+
+Provision of equipment, medical and dental supplies and medicines;
+
+|. Health examination of all Grade 1 entrants and provision of supplementary feeding (breakfast
+
+and/or milk) to the Grade 1 pupils and nutritionally deprived schoo! children.
+
+ao
+
+Accordingly, to actualize these priority concerns toward the effective promotion of the health
+and nutritional well-being of the school population, approval of this measure is earnestly sought.
+
+EDCEL C. LAGMAN
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+
+Quezon City
+
+TWELFTH CONGRESS
+First Regular Session
+
+House Bill No, _1.4
+
+Introduced by HON. EDCEL C. LAGMAN
+
+AN ACT
+PROVIDING FOR THE MODERNIZATION OF THE SCHOOL HEALTH
+AND NUTRITION PROGRAM (SHNP) OF THE DEPARTMENT OF
+EDUCATION, CULTURE AND SPORTS, AUTHORIZING THE APPROPRIATION OF FUNDS.
+THEREFOR, AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Title. - This Act shall be known as the “School Health and Nutrition
+Modernization Act.”
+
+Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to promote,
+maintain and protect the health and nutritional well-being of the school population through the
+delivery of preventive health care to the students, teachers and school administrators in the
+elementary and high school levels and to the non-teaching personnel. Toward this end, the School
+Health and Nutrition Program of the Department of Education, Culture and Sports shall be
+modernized and upgraded to ensure the attainment of a health status that can enhance the active
+learning capacities of the children and for the teachers and other personnel to function more
+effectively, thus, enabling the achievement of the goals of quality basic education.
+
+It is likewise declared the policy of the State to pursue the modernization program under this
+Act through: a.) the development of an efficient and effective health care delivery system in the
+schools; b.) the development, evaluation and application of appropriate methods and procedures in
+Preventive health care; c.) the development of reforms in the management of human and material
+resources; and d.)the acquisition and upgrading of appropriate equipment and technology.
+
+Sec. 3. Definition of Terms. The following terms shall be understood in this Act to mean:
+
+a. Department — means the Department of Education, Culture and Sports.
+
+b. School Health and Nutrition Program — is a comprehensive education and service
+package, delivered to the schools, eventually to the homes and communities, in order
+to improve the health and nutritional status of the total school population, with the
+elementary grades children as its priority group.
+
+¢. Public Health - the science and the art of preventing disease, prolonging life, and
+promoting physical and mental health and efficiency through organized community
+efforts.
+
+d. Preventive Health Care — the systematic organization of all the personal services
+necessary to prevent disease and attain the highest level of health.
+
+e. Health and Nutrition Center — refers to the agency that takes charge of the over-
+ail management of the integrated Schoo! Ith and Nutrition Program (SHNP).
+
+f. Basic Education — consists of six years elementary and four years secondary
+education. Basic education is that which brings the child to a point where he can be an
+autonomous learner, one who is self-reliant and creative.
+
+g. Health Education — refers to the teaching and counseling on healthy living, including
+hygiene, nutrition, sex education, alcohol and drug abuse, smoking and other threats
+to health.
+
+h. Quality Education — refers to the appropriateness, relevance and excellence of the
+education given to the individual in meeting his/her needs and aspirations and those
+of society,
+
+
+
+Sec. 4. Objectives of the SHNP. The SHNP modernization shall be implemented in
+
+accordance with the following objectives:
+
+a. To provide a comprehensive preventive health care to school children and teachers in
+the elementary and secondary levels of education and to the non-teaching personne!
+of the Department,
+
+b. To inculcate health and nutrition values and behavior and encourage healthy lifestyles
+among the schoo! populace;
+
+¢. To encourage parents to provide their children with proper health care and to Perform
+effective parenting to prevent drug abuse;
+
+d. To develop effective linkages between the school and community for better school
+health;
+
+©. To strengthen the Health and Nutrition Center in the management of the Program;
+and
+
+f. To establish and maintain adequate health and sanitation facilities like school clinics,
+canteens, water supply, sanitary toilets and garbage disposal in the schools.
+
+Sec. 5. Components of the SHNP Modernization. The modernization program shall
+
+consist of the following components:
+
+a. ORGANIZATIONAL DEVELOPMENT - To carry out effectively their functions, it is
+Necessary to restructure, expand and upgrade the staff and personnel of the Regional
+Health and Nutrition Units and the Division Health and Nutrition Sections including the
+creation of nurse supervisor positions to oversee nursing care of the school children:
+Provided, That in the upgrading of plantilla positions, the compensation and benefits
+shall be at par with those of health and nutrition personnel in other government
+agencies in accordance with existing laws, rules and regulations.
+
+b. HUMAN RESOURCE DEVELOPMENT — This component pertains to programs and
+educational activities of health and nutrition personne! to enhance their skills and
+Competencies through workshops, conferences and in-service trainings relative to the
+delivery of health care, and on mobilization as well as administrative responsibilities,
+A continuing health resource development program shall be implemented.
+
+¢. INFRASTRUCTURE DEVELOPMENT - This component consists of the construction
+Of physical plants and facilities such as sanitary toilets, facilities for washing hands,
+water system, school clinics and feeding centers/canteens in the public elementary
+schools to ensure health and nutritional needs in public elementary schools including
+suitable sites for the Alay-Tanim/Tree Planting program.
+
+d, INFORMATION AND SYSTEMS ORGANIZATION - This component consists of the
+acquisition and development of an extensive computer network for health and
+Nutrition care; the upgrading of methods and procedures in preventive health care;
+monitoring and evaluation; and research in support of the total program.
+
+The Department Secretary in coordination with the Secretary of Health shall
+formulate guidelines to implement this section in accordance with the objectives of the
+modernization program enumerated in the preceding section.
+
+Sec. 6. Priority Programs for SHNP Modernization. - For a more effective
+
+implementation of the objectives of the SHNP and consistent with the mandate of the Constitution
+relative to health care, the following program/activities shall be given priority consideration:
+
+b.
+
+Recruitment of school health and nutrition personnel to attain the ratio of one Personnel to
+2,000 pupils/teachers over a five year period;
+
+Upgrading of the salary of health and nutrition personnel to be at par with counterparts in
+other Departments and full implementation of the benefits of the Magna Carta for Public
+Health Workers;
+
+Provision of equipment, medical and dental supplies and medicines;
+
+|. Health examination of all Grade 1 entrants and provision of supplementary feeding (breakfast
+
+and/or milk) to Grade 1 pupils and nutritionally deprived school children;
+
+
+Sec. 7. Period of Implementation. The Modernization Program under this Act shall be
+implemented over a period of five (5) years from 2001 to 2006.
+
+Sec. 8, Appropriations. To effectively carry out the objectives of this Act, the initial
+amount of TWO HUNDRED MILLION PESOS (P200,000,000.00) is hereby authorized to be
+appropriated out of any funds in the National Treasury not otherwise appropriated, and from the
+funds of the Bases Conversion and Development Authority. Thereafter, such funds as are necessary
+shall be included in the Annual Genera! Appropriations Act.
+
+Sec. 9. Separability Clause. If any provision of this Act shall be declared unconstitutional
+or invalid, the other provisions not otherwise affected shail remain in full force and effect.
+
+Sec. 10. Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof
+inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
+
+Sec. 11. Implementing Rules and Regulations. The Department, in consultation with the
+Department of Health, Shall formulate the implementing rules and regulations within 60 days upon
+effectivity of this Act.
+
+Sec. 12. Effectivity Clause. This Act shall take effect upon its publication in at least two
+(2) newspapers of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00015.txt

@@ -0,0 +1,115 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES;
+Quezon City >
+
+First Regular Session
+House Bill No. = * i 5
+
+Introduced by HONORABLE EDCEL C. LAG!
+
+EXPLANATORY NOTE
+
+‘The Constitution mandates that the State shall “promote industrialization and full
+employment based on sound i agrarian reform.”
+
+(underscoring supplied) A transformed agricuttural sector becomes a reliable market for
+the consumer goods and farm implements produced by the industrial sector. Through the
+
+multiplier process, an initial impulse of agricultural activity spreads to other sectors of the
+economy.
+
+Agricultural development, however, can be an end in itself. The income of.the
+farmer must be raised to allow him to satisfy his basic needs and to enhance his self-
+esteem.
+
+For the farmer's income to increase, his value added in rice production must rise.
+Over the decades the farmer's contribution to rice production has been confined to tilling
+the land and harvesting the crop. Necessarily, his income has been limited to a fraction of
+the value of palay harvested.
+
+Yet, as the pernicious practice of rice cartels indicates, a sizeable income is earned
+from the time the harvested palay leaves the farm to the time milled rice reaches the
+market.
+
+This bill proposes that the farmer gets the lion’s share in this off-farm income.
+Hence, the proposal to have the farmer own post-harvest facilities like warehouses and
+rice mills to be built by the government. His contribution to the storage and milling stages
+of rice production will markedly increase his income.
+
+Corollarily, the bill encourages the formation and development of farmer
+cooperatives which will own and manage the post-harvest facilities.
+
+In the long term, the bill will render the palay and rice price subsidies unnecessary
+and will therefore be a source of budgetary relief for the government.
+
+The bottom line is to make rice the end-product of the farmers to assure their
+economic stability. For as long as palay is their end-product their lives will be as wretched
+as ever despite continuing palay and rice price subsidies which barely benefit them.
+
+Tt is hoped that this bill, because of its critical immediacy, will be seriously
+considered for approval.
+
+EDCEL C. aan
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES.
+Quezon City
+
+First Regular Session
+
+House Bill No.__15
+
+—_—.
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+AN ACT
+PROVIDING POST-HARVEST FACILITIES TO RICE FARMERS
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress assembled:
+SECTION 1. This Act shall be known as the “Post-Harvest Facilities Support Act of
+
+SEC. 2. It is the policy of the State to promote agricultural and, more broadly, rural
+development. Specifically, the State alms to raise farm incomes to a level high enough to
+allow the farmers to satisfy their material needs and enhance thelr self-esteem. It Is also
+the policy of the State to encourage and strengthen non-government organizations, such
+as farmer organizations.
+
+SEC. 3. The Department of Public Works and Highways, in consultation with the
+Department of Agriculture, the Department of Agrarian Reform, and farmer cooperatives,
+shall construct warehouses and rice mills in every rice-producing municipality and city in
+the Philippines: Provided, That in the initial phase of the program, every district with at
+least one rice-producing municipality shail be the beneficiary of at least one warehouse
+and rice mill.
+
+SEC. 4. The Department of Trade and Industry, in consultation with the
+Department of Agriculture, the Department of Agrarian Reform, and farmer cooperatives,
+shall provide the equipment and machinery necessary to operate these warehouses and
+tice mills.
+
+SEC. 5. The warehouses and rice mills, including the equipment and machinery
+required to operate them, shall be sold to the accredited farmer cooperatives which will
+be given 25 years to amortize the facilities without interest.
+
+SEC. 6. The amount of P500 million is initially appropriated for the program. In
+subsequent years, the amount necessary to pursue the program shail be Incorporated in
+the General Appropriations Act, and the funding shall come from, among others, the
+savings realized from the phasing out of the palay and rice subsidies and from
+amortizations then accumulated.
+
+SEC. 7. Within thirty (30) days from the effectivity of this Act, the Department of
+Public Works and Highways, the Department of Agriculture, the Department of Agrarian
+Reform and the Department of Trade and Industry shall jointly promulgate the necessary
+rules and regulations to implement this Act.
+
+
+SEC. 8. If any provision in this Act or the application thereof is held invalid or
+unconstitutional, the validity of other provisions not affected thereby, shall be considered
+in full force and effect.
+
+SEC. 9. All laws, decrees, orders, proclamations, rules and regulations, and other
+issuances, inconsistent herewith, are hereby repealed or modified accordingly.
+
+SEC. 10. This Act shall take effect upon its approval.
+Approved,

data/document/hb/13/00001-01000/HB-00016.txt

@@ -0,0 +1,720 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES .
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS.
+FIRST REGULAR SESSION
+
+HOUSE BILL NO. 16
+
+Introduced by the HONORABLE EDCEL C. LAGMAN
+
+EXPLANATORY NOTE
+
+Two of the overriding problems that bedevil the Philippines are an inordinately
+enormous debt service and an extremely huge population.
+
+This bill addresses the second problem on an uncontained population escalation that
+aggravates the debt menace, hampers delivery of reproductive health care services and
+derails sustainable human development.
+
+The present population of the country of 82.6 million has galloped from 60.7 million
+14 years ago. This makes the Philippines the 12" most populous nation in the world today.
+The population growth rate is 2.36% and is among the highest in the world. The Filipino
+women's fertility rate of 3.7% is at-the upper bracket of 206 countries. With four babies
+born every minute, the population is*expected to balloon to an alarming 160 million in
+2038.
+
+Due to overpopulation, the current budget for education of P98 billion translates to a
+ratio of only P21,71 dally per student/pupil in elementary and high schoo! or P4,558.00 per
+student/pupil nationwide on an annualized basis for a 10-month school year.
+
+This education outlay pales jn comparison with the appropriation for education of
+our Asian neighbors. Our government's appropriation for education is only 1/11" of that of
+
+Singapore; 1/5" of that of Malaysia and only 1/8" of Thailand's allocation for basic
+education.
+
+This meager budget for education, which is further diminished to no small measure
+by our exceedingly large student population of 21.5 million in both public and private
+elementary and high schools, results in the current shortages of 40,000 classrooms and
+50,000 teachers in public schools alone. The current textbook to student ratio is 1:2 at best
+with reports of a grim 1:4 in far-flung schools. This is far from the ideal of 1:1. The
+teacher-student ratio in public schools goes as high as 1:80 when the ideal ratio to
+maximize effective learning is 1:36.
+
+These stark statistics do not even include the public sector outlay for tertiary
+education which, although sizeable, is still far from adequate.
+
+Indeed, due to the inordinate number of enrollees, quality education remains a
+cherished dream and an unrealizable commitment.
+
+The same is true with respect to the health budget of P10.723 billion for the current
+fiscal year. This amounts to a minuscule P0.35 per capita daily. This is scandalously low
+compared to the daily per capita outlay for health care services of our Asian neighbors:
+Japan, P343.94; Singapore, P103.96, Thailand, P17.17; Malaysia and Indonesia, P12.41.
+
+
+Moreover, 82% believed that candidates for elective positions who supported the “free use
+of couples as to family planning methods” should be elected.
+
+While majority of women of reproductive age are receptive to the use of safe
+contraceptive methods, techniques and devices, family planning services and supplies are
+lamentably inaccessible. This results in the prevalence of induced abortions which the UP
+Population Institute estimates to be close to 400,000 annually. It is estimated that 100,000
+women each year are hospitalized because of serious post-abortion complications.
+
+This bill continues to proscribe abortion which is a crime under the Revised Penal
+Code. However, when abortion is resorted to, despite the prohibition, there is a need to
+manage post-abortion complications in a humane and compassionate manner. The patient
+should not be suffered to die due to her desperation.
+
+As a preventive measure against abortion this bill provides for timely, complete and
+accurate information and education on reproductive health as well as ready access to safe,
+adequate and affordable reproductive health care services. Thus, it guarantees freedom of
+choice of individuals and couples on the number and spacing of their children, even as this
+bill considers two (2) children as the ideal family size.
+
+An effective reproductive health education does not only instill consciousness of
+freedom of choice but responsible exercise of one’s rights. According to the United Nations
+Population Fund: “It has been repeatedly shown that reproductive health education leads to
+responsible behavior, higher levels of abstinence, later initiation of sexuality, higher use of
+contraception, and fewer sexual partners. These good effects are even greater when parents
+can talk honestly with their children abdut sexual and reproductive matters.”
+
+It is imperative that reproductive health and sexuality education should start early
+among the young people. It has to be initiated by parents and adult members of the family
+who are considered role models by their children,
+
+Reproductive health and sexuality education at home should be sustained and
+complemented by formal education in schools.
+
+Reproductive health and sexuality education seeks to assist young people in
+understanding a positive view of the reproductive system and human sexuality, provide
+them with information and skills about taking care of their reproductive and sexual health,
+and help them make sound decisions now and in the future.
+
+Comprehensive reproductive health and sexuality education programs have four
+main goals:
+
++ To provide complete, accurate and relevant information on the reproductive
+system and its functions and processes and human sexuality;
+
++ To provide an opportunity for young people to develop and understand their
+values, attitudes, and beliefs about sexuality;
+
++ To help young people develop relationships and interpersonal! skills; and
+
++ To help young people exercise responsibility regarding sexual relationships,
+including addressing abstinence, pressures to engage prematurely involved in
+
+sexual intercourse, and the use of contraception and other sexual health
+measures
+
+“Research Findings on Programs to Reduce Teen Pregnancy”, a report released by
+The National Campaign to Prevent Teen Pregnancy in 2001, concluded that:
+
++ Sexuality and HIV education do not hasten sexual activity;
+
+
+A huge population is an albatross on limited resources which when spread out too
+thinly to “reach” the multitude becomes grossly inadequate and effectively meaningless.
+The number of Filipinos living below the poverty line has reached 40% of the total
+population. Compare this to poverty statistics of other Asian countries: Taiwan (1.0%),
+Malaysia (8.0%), Thailand (12.5%) and Indonesia (27%), and the country’s poverty is
+indeed abysmal.
+
+The internationally accepted indicators of well-being like access to potable water,
+sanitary toilets and meaningful employment rank the Philippines way below the ladder of
+development. The data show that 21.5% or 17.7 million Filipinos have no potable water;
+19.15% or 15.8 million have no access to sanitary toilet facilities; 13.7% or 5 million are
+currently unemployed and 18.75 or 6.8 million are underemployed.
+
+The state of health of a nation’s children is often indicative of the kind of society in
+which they live. Filipino children (0-18 years) comprise 45% of the entire population and
+the statistics culled on their state of health and well-being is bone-chilling. Consider the
+following:
+
+« The Food and Nutrition Research Institute has estimated that 3.7 million pre-
+school children are underweight (acute or present mainutrition), 3.8 million are
+stunted (growth failure) and 0.7 million are wasted (enfeebled state);
+
+* 49% of the total population of infants and 26% of the total population of
+children with ages ranging from 1-6 years old suffer from iron-deficiency anemia;
+
+* There are about five million child laborers and more than 1.5 million street
+children in the country; and
+
+¢ There are 60,000 prostituted children and their numbers increase by 3,266
+annually making the Philippines the fourth country with the most number of
+prostituted children.
+
+The following statistics specifically on reproductive health in the Philippines are
+similarly ominous:
+
+An infant mortality rate of 36 for every 1,000 live births;
+
+Maternal mortality rate of 172 for every 100,000 live births;
+
+10 women die every 24 hours from causes related to pregnancy and childbirth;
+
+Out of every 100 children who die before reaching the age of five, 38 deaths are
+
+due to curable diseases; and
+
+* Approximately 280,000 teenaged girls every year end up becoming mothers
+before they reach the age of 20.
+
+According to studies conducted by the National Statistics Office, the current national
+contraceptive unmet need of poor women is 26.4% and for non-poor, the rate is 17.0%.
+The level and scope of unmet need in the country is clearly indicated by the high levels of
+unplanned births (18.2% in 1998) due to lack of access to family planning services
+(National Demographic and Health Survey 2000). The difference between actual total
+fertility rate of 3.7 children versus the real number of desired children which is 2.7 also
+validates the unmet need for family planning assistance (National Demographic and Health
+Survey 2000).
+
+These dismal statistics are due to the lack of access to adequate information on
+
+reproductive health and regular and timely dispensation of reproductive health care
+services.
+
+In a survey conducted by Pulse Asia in February 2004, 97% of the respondents
+believed that is was important to have the freedom to decide the size of one’s family and
+another 71% regarded a fast-growing population as a hindrance to economic development.
+
+
++ Education about abstinence and contraception are compatible rather than in
+Conflict with each other; and
+
++ Making condoms available does not increase sexual behavior
+
+The tragic scenario cited above is principally rooted in overpopulation and the lack
+of an integrated national policy on reproductive health in connection with population
+
+management and sustainable human development. This bill addresses these urgent.
+concerns.
+
+Verily, passage of this bill is earnestly sought.
+
+EDCEL C. LAGMAN
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HOUSE BILL NO. 16
+
+Introduced by REPRESENTATIVE EDCEL C. LAGMAN
+
+AN ACT
+CREATING A REPRODUCTIVE HEALTH AND POPULATION MANAGEMENT
+COUNCIL FOR THE IMPLEMENTATION OF AN INTEGRATED POLICY ON
+REPRODUCTIVE HEALTH RELATIVE TO SUSTAINABLE HUMAN DEVELOPMENT
+AND POPULATION MANAGEMENT, AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. Short Title. -This Act shall be known as the “Reproductive Health Act
+of 2004”, ~
+
+SEC. 2. Declaration of Policy. - The State shall adopt an integrated and
+comprehensive policy on reproductive health in connection with sustainable human
+development and effective population management that values the dignity of every human
+person and affords full protection to people's rights.
+
+The State shall uphold the right of the people and their organizations to’ effective
+and reasonable participation in the formulation and implementation of the declared policy
+as its direct and ultimate beneficiaries.
+
+This policy is anchored on the rationale that sustainable human development is
+better assured with a manageable population of healthy, educated and productive citizens.
+
+The State likewise guarantees universal access to safe, affordable and quality
+reproductive health care services, methods and devices even as it prioritizes the needs of
+women and children, among other underprivileged sectors.
+
+SEC. 3. Guiding Principles. - This Act declares the following as basic guiding
+principles:
+
+
+e
+
+Since manpower is the principal asset of every country, effective reproductive
+health care services must be given primacy to ensure the birth of healthy
+children and to promote responsible parenting.
+
+The limited resources of the country cannot be suffered to be spread so thinly
+to service a burgeoning multitude that. makes the allocations grossly
+inadequate and effectively meaningless.
+
+Freedom of choice, which is central to the exercise of any right, must be fully
+guaranteed by the State like the right itself.
+
+While the number and spacing of children are left to the sound judgment of
+parents and couples based on their personal conviction and religious beliefs,
+such concerned parents and couples, including unmarried individuals, should be
+afforded free and full access to relevant, adequate and enlightening
+information on reproductive health and human sexuality and should be guided
+by qualified State workers and professional private practitioners.
+
+Reproductive health must be the joint concern of the National Government and
+Local Government Units.
+
+Protection and promotion of gender equality and women’s rights are essential
+to the fulfillment of reproductive health rights.
+
+Development is a multi-faceted process that calls for the coordination and
+integration of policies, plans, programs and projects that seek to uplift the
+quality of life of the people, more particularly the poor, the needy and the
+marginalized.
+
+Active participation by and = thorough consultation with concerned
+nongovernment groups, communities and people’s organizations are imperative
+to ensure that basic policies, plans, programs and projects address the priority
+needs of beneficiaries. ~
+
+Respect for, protection and fulfillment of reproductive health rights seek to
+promote not only the-rights and welfare of adult individuals and couples but
+those of adolescents’ and children’s as welt.
+
+While the full range of family planning methods, techniques and devices shall
+be made available to couples and adults of reproductive age, abortion shall
+remain to be penalized under the Revised Penal Code and relevant
+jurisprudence.
+
+SEC. 4. Definition of Terms. — For purposes of this Act, the following terms shall
+be defined as follows:
+
+a. Reproductive health - the state of complete physical, mental and social well-being
+and not merely the absence of disease or infirmity in all matters relating to the
+reproductive system and its functions and processes.
+
+b. Reproductive health rights - the rights of individuals and couples, subject to
+applicable laws, to decide freely and responsibly the number, spacing and timing of their
+children; to make other decisions concerning reproduction free of discrimination, coercion
+and violence; to have the information and means to carry out their decisions; and to attain
+the highest standard of sexual and reproductive health.
+
+c. Gender equality - the absence of discrimination on the basis of a person’s sex, in
+opportunities, allocation of resources and benefits, and access to services.
+
+
+d. Gender equity - fairness and justice in the distribution of benefits and
+responsibilities between women and men, and often requires women-specific projects and
+programs to eliminate existing inequalities, inequities, policies and practices unfavorable to
+women.
+
+e. Reproductive Health Care - availability and access to a full range of methods,
+techniques and services that contribute to reproductive and sexual health and well-being
+by preventing and solving reproductive health-related problems in order to achieve
+
+enhancement of life and personal relations. The elements of reproductive health care
+include:
+
+. Maternal, infant and child health and nutrition;
+
+. Family planning information and services;
+
+. Prevention of abortion and management of post-abortion complications;
+. Adolescent and youth health;
+
+Awnep
+
+5. Prevention and management of reproductive tract infections (RTIs),
+HIV/AIDS and other sexually transmittable infections (STIs);
+
+6. Elimination of violence against women;
+
+7., Education and counseling ‘on sexuality and sexual and reproductive health;
+
+8. Treatment of breast and reproductive tract cancers and other gynecological
+conditions;
+
+9, Male involvement and participation in reproductive health;
+
+10, Prevention and treatment of infertility and sexual dysfunction;
+
+f. Responsible parenting - the will and the ability to respond to the needs and
+aspirations of the family and children.
+
+g. Family planning ~ a program which enables: couples and individuals to decide
+freely and responsibly the number and spacing of their children and to have the
+information and means to carry out their decisions, and to have informed choice and
+access to a full range of safe and effective family planning methods, techniques and
+devices, excluding abortion which is a crime.
+
+h, Adolescent sexuality - refers to the reproductive system, gender identity, values
+or beliefs, emotions, relationships and sexual behavior of young people as social beings.
+
+Adolescence refers to a life stage and pertains to people between the ages of ten (10) and
+nineteen (19).
+
+
+i. Reproductive health and sexuality education - is the process of acquiring
+complete, accurate and relevant information in all matters relating to the reproductive
+system, Its functions and processes and human sexuality; and forming attitudes and beliefs
+about sex, sexual identity, interpersonal relationships, affection, intimacy and gender roles.
+It also includes developing the necessary skills to be able to distinguish between facts and
+myths on sex and sexuality; and critically evaluate and discuss the moral, religious, social
+and cultural dimensions of related sensitive issues such as contraception and abortion.
+
+j. Development. - is a multi-dimensional process involving major changes in social
+structures, popular attitudes, and national institutions as well as the acceleration of
+economic growth, the reduction of inequality and the eradication of widespread poverty.
+
+k, Sustainable human development — the totality of the process of expanding human
+choices by enabling people to enjoy long, healthy and productive lives, affording them
+access to resources needed for a decent standard of living and assuring continuity and
+acceleration of development under, the Population-Resource-Environment (PRE) framework
+which strikes a balance between population, adequate resources and healthy environment,
+
+|, Population management — a Program that aims to: (a) encourage the limitation of
+the number of children to an affordable level of two (2) children per family; (b) attain an
+optimum fertility rate vis-a-vis equitable allocation and utilization of resources; (c) realize a
+balanced spatial distribution of the’ population by discouraging migration to urban centers
+and decongesting thickly populated areas; (d) promote the effective partnership among the
+national government, local government units and the private sector in the design,
+Implementation, coordination, integration, monitoring and evaluation of people-centered
+Programs on population, development and environment; and (e) conduct studies on and
+provide incentives for the deceleration of population growth.
+
+SEC. 5. Reproductive Health and Population Management Council. Pursuant
+to the herein declared policy, there is hereby constituted within thirty (30) days from the
+effectivity of this Act a multi-agency body to be known as the Reproductive Health and
+Population Management Council, hereinafter referred to as the Council. It shall be
+composed of eighteen (18) members with the Secretary of the Department of Health
+(DOH) and the Director General of the National Economic and Development Authority
+(NEDA) as Co-Chairpersons and the following as members:
+
+a. Secretary of the Department of Social Welfare and Development (DSWD)
+b. Secretary of the Department of Education (DepEd)
+
+
+Secretary of the Department of Labor (DOLE)
+
+|. Secretary of the Department of the Interior and Local Government (DILG)
+
+Executive Director of the Commission on Population (PopCom)
+
+Chairperson of the National Commission on the Role of Filipino Women (NCRFW)
+
+. Chairperson of the National Youth Council (NYC)
+
+. Chairperson of the Commission on Higher Education (CHED)
+
+Chairperson of the Housing and Urban Development Coordinating Council
+
+(HUDCC)
+
+j. Lead Convenor of the National Anti-Poverty Commission (NAPC)
+
+k. Three (3) representatives from the local government units nominated by the
+leagues of local government units and to be appointed by the President
+
+I. Three (3) representatives from nongovernment organizations: one (1)
+
+representative each from the women, youth and health sectors who have
+
+distinguished themselves in the promotion of reproductive health, human
+
+development and/or population management who shail be appointed by the
+
+President from a list of nominees independently selected by the concerned
+
+NGOs.
+
+reso mpan
+
+As much as practicable, the Secretaries of the departments and heads of agencies
+constituting the Council shall attend personally the meetings of the Council. Separate staffs
+on reproductive health, human development and population management in charge of the
+implementation of this Act shall be constituted by the member departments and offices
+within their respective agencies...
+
+SEC. 6. Functions of the: Council. - As the central advisory, planning and
+formulating body of the comprehensive and integrated policy on reproductive health
+
+relative to human development and population management, the Council shalt have the
+following functions:
+
+a. To integrate on a continiing basis the interrelated reproductive health, human
+development and population management agenda into a national policy, taking
+into account regional and local concerns.
+
+b. To provide the mechanism to ensure active and full participation of the private
+sector and the citizenry through their organizations in the planning and
+implementation of reproductive health care, population and development
+programs and projects.
+
+¢. To ensure people’s access to quality and affordable reproductive health goods
+and services.
+
+d. To facilitate the involvement and participation of nongovernment organizations
+and the private sector in reproductive health care service delivery and in the
+production, distribution and delivery of quality reproductive health and family
+planning supplies and commodities.
+
+e. To fully implement the Reproductive Health Care Program with the following
+components:
+
+1.) Reproductive and sexual health education including but not limited to
+
+counseling on the full range of legal and medically-safe family planning
+methods.
+
+2.) Maternal, peri-natal and post-natal education, care and services.
+
+3.) Promotion of male involvement, participation and responsibility in
+reproductive health as well as other reproductive health concerns of
+men.
+
+4.) Prevention of abortion and management of post-abortion
+complications.
+
+5
+
+
+5.) Provision of information and services addressing the reproductive
+health needs of the poor, senior citizens, women in prostitution,
+differently-abled persons, and women and children in war crisis
+situations.
+
+f. To ensure that reproductive health services are delivered with a full range of
+
+supplies, facilities and equipment and that service providers are adequately
+trained for reproductive health care,
+
+g. To recommend the enactment of legislation and adoption of executive measures
+that will strengthen and enhance the integrated policy on reproductive health,
+population and development.
+
+h. To hire and appoint personnel of the Secretariat and the Executive Director.
+i, To perform such other functions necessary to attain the purposes of this Act.
+
+SEC. 7. Secretariat. - The Council shall organize a Secretariat as its support and
+technical staff to be headed by an Executive Director, and shall determine their respective
+compensation, subject to applicable civil service laws, rules and regulations with a view to
+ensuring a competent and efficient secretariat: Provided, That nominees of nongovernment
+organizations shall be accorded preferential employment to ensure their active involvement
+and participation in all activities of the Council.
+
+SEC. 8. Qualifications, Powers, Functions and Duties of the Executive
+Director. - The Executive Director of the Council shall have adequate experience in
+reproductive health, sustainable human development and population management and
+shall have the following powers, functions and duties:
+
+a, Execute, implement and enforce the policies, programs, projects, rules and
+regulations of the Council;
+
+b. Direct and supervise the operations and internal affairs of the Council;
+¢. Establish the internal organization and administrative procedures of the Council,
+
+recommend to the Council the appointment of the necessary administrative and
+subordinate personnel; and .
+
+d. Exercise such other powers and functions and perform such duties as are not
+specifically lodged in the Council.
+
+SEC. 9. Internal Revenue Allotment (IRA) for Reproductive Health. — Fifty
+(50%) percent out of the 20% Internal Revenue Allotment (IRA) share of local government
+units (LGUs) which they are mandated to provide for local development projects under
+Section 287 of the “Local Government Code of 1991” (RA No. 7160) shall be appropriated
+by each LGU for reproductive health care services.
+
+The appropriation for reproductive health care services shall be included in the
+annual budget of LGUs effective Fiscal Year 2005.
+
+
+No focal budget shall be approved without the requisite appropriation for
+reproductive health care services.
+
+Copies of the development plans of local government units shall be furnished the
+Department of Interior and Local Government and the Council.
+
+SEC. 10. Mobile Health Care Service. - Each Congressional District shall be
+provided with a_van to be known as the Mobile Health Care Service (MHCS) to deliver
+health care goods and services to its constituents, more particularly to the poor and needy,
+as well as disseminate knowledge and information on reproductive health: Provided, That
+reproductive health and sexuality education shall be conducted by competent and
+adequately trained persons preferably reproductive health care providers: Provided,
+further, That a wide range of family planning methods, both natural/traditional and
+modern, shali be taught.
+
+The operation and maintenance of the MHCS shall be funded from the Priority
+Development Assistance Fund (PDA) of each Congressional District.
+
+The MHCS shall be adequately equipped with a wide range of reproductive health
+care materials and information dissemination devices and equipment, the ‘latter including
+but not limited to a television set for audio-visual presentation.
+
+SEC. 11. Mandatory Reproductive Health and Sexuality Education: -
+Reproductive Health and Sexuality Education in an age-appropriate manner shall be taught
+by adequately trained teachers starting from Grade 5 up to Fourth Year High School.
+Reproductive Health and Sexuality Education shall commence at the start of the school
+year immediately following one year effectivity of this Act. The Council shall formulate the
+Sexuality Education curriculum, which shall be common to both public and private Schools,
+based on the following subjects and standards:
+
+a. Reproductive health
+
+b. Reproductive health care and services
+
+c. Attitudes, beliefs and values on sexual development, sexual behavior and sexual
+
+health
+
+d. Proscription and hazards of abortion
+
+e. Family plannitig and the number and spacing of children
+
+Natural/traditional methods to prevent unwanted, unplanned and mistimed
+pregnancy
+
+g. Use of modern contraceptive devices
+
+
+h. Abstinence before marriage
+|, Prevention and treatment of HIV/AIDS and other STIs/STDs
+j. Safe sex
+
+SEC. 12. Capability Building of Barangay Health Workers. - Barangay Health
+Workers shall undergo retraining on the delivery of reproductive health care services and
+shall receive a 10% increase in honoraria upon successful completion of training.
+
+SEC. 13. Ideal Family Size. — In order to attain the desired population growth
+rate, the State shall encourage two (2) children as the ideal family size. Children from
+these families shall have preference in the grant of scholarships at the tertiary level.
+
+SEC. 14. Incentives for the Manufacture/Importation of Reproductive
+Health Care Commodities. - Local manufacturers of family planning devices and related
+reproductive health commodities shall enjoy personal and corporate income tax exemptions
+for three (3) years from the start of their operation or for three (3) years from the
+effectivity of this Act. They shall have access to low interest bearing and concessionary
+capital loans from government banks. Importation of such devices and commodities, not
+locally manufactured, shal! be levied reduced tariffs.
+
+SEC. 15. Employers’ Responsibil
+
+‘ies. - Employers shall respect the reproductive
+health rights of their workers. Women shail-not be discriminated against in the matter of
+hiring, regularization of employment status or selection for retrenchment.
+
+All Collective Bargaining Agreements (CBAs) shall provide for the free delivery of
+reasonable reproductive health care services and devices to the workers, more particularly
+the women.
+
+SEC. 16. Private Practitioners’ Support. - Pursuant to Section 5 (b) hereof
+private. reproductive health care service providers, including but not limited to
+gynecologists and obstetricians, shall endeavor to render such services free of charge or at
+reduced professional fee rates to indigent and low income patients.
+
+SEC. 17. Multi-Media Campaign. The Council shall initiate and sustain a
+heightened nationwide multi-media campaign to raise the level of public awareness of the
+urgent need to protect and promote reproductive health care and rights relative to human
+development and population management.
+
+
+SEC. 18. Tax-Deductible Donations - All donations to the Council for the
+implementation of this Act shall be deductible to its full amount from the net personal or
+corporate income due from the donor.
+
+SEC. 19. Prohibited Acts. - The following acts are prohibited:
+
+a) Any health care service provider, whether public or private, who shall:
+
+1. Knowingly withhold information, or restrict the dissemination thereof, and/or
+intentionally provide incorrect information regarding programs and services
+‘on reproductive health including the right to informed choice and access to a
+full range of legal, medically-safe and effective family planning methods;
+
+2. Refuse to perform voluntary sterilization and ligation and other legal and
+medically-safe reproductive health care services on any person of legal age
+‘on the ground of lack of third party consent or authorization: Provided, That
+in the case of abused minors as certified to by the Department of Social
+Welfare and Development, and pregnant minors, no prior parental consent
+shall be necessary;
+
+3. Fail or cause to fail deliberately, or through gross negligence, or inexcusable
+neglect, the delivery of reproductive health care services as mandated under
+this Act, the Locat~Government Code of 1991, the Labor Code, and
+Presidential Decree 79, as amended; and
+
+4. Refuse to extend quality health care services and information on account of
+the provider's marital status, gender or sexual orientation, age, religion,
+Personal circumstances, and nature of work: Provided, That all conscientious
+objections of health care service providers based on ethical and religious
+grounds shall be respected: Provided, however, That the conscientious
+objector shail immediately refer the person seeking such care and services to
+another health care service provider within the same facility or one which is
+conveniently accessible: Provided, finally, That the person is not in an
+emergency condition or serious case as defined in RA 8344 -penalizing the
+refusal of hospitals and medical clinics to administer appropriate initia!
+medical treatment and support in emergency and serious cases.
+
+b) Any public official at both the national and local levels with power and authority over
+any subordinate who shall prohibit or intentionally restrict the delivery of legal and
+medically-safe reproductive health care services, including family planning.
+
+Any employer who shall require or cause a female applicant for employment or an
+employee to involuntarily submit herself to sterilization or any contraceptive method,
+including but not limited to injection of depo provera as a condition for employment
+‘or continued employment.
+
+Any person who shall engage in willful disinformation with respect to reproductive
+health care and rights or the provisions of this Act or cause such disinformation.
+
+0
+
+d
+
+SEC. 20. Penalties. - Any violation of this Act shall be penalized by imprisonment
+ranging from one (1) month to six (6) months or a fine of Twenty Thousand Pesos
+(P20,000.00) or both such fine and imprisonment at the discretion of the proper court. If
+the offender is a juridical person, the penalty shall be imposed upon the President,
+Treasurer, Secretary or any person or officer responsible for the violation. If the offender is
+
+
+an alien, he/she shall, after service of sentence, be deported immediately without further
+proceedings in the Bureau of Immigration. If the offender is a public officer or employee,
+the Court shall, in addition to the penalties hereinabove provided, order his/her dismissal
+from the government service.
+
+SEC. 21. Implementing Rules and Regulations. — Within thirty (30) days from
+the effectivity of this Act, the Department of Health, National Economic and Development
+Authority and Commission on Population shall jointly promulgate, after thorough
+consultation with health and national multi-sectoral nongovernment organizations, the rules
+and regulations for the effective implementation of this Act and shall ensure the full
+dissemination of the same to the public.
+
+SEC. 22. Bicameral Congressional Oversight Committee. - A Bicameral
+Congressional Oversight Committee is hereby created to regularly monitor and assess the
+implementation of this Act. The Committee shall be composed of six (6) members of the
+Senate and six (6) members of the House of Representatives who are active members of
+the Philippine Legislators’ Committee on Population and Development (PLCPD) to be
+designated by the Senate Presideit.and the Speaker of the House of Representatives,
+respectively: Provided, That two.(2) of the six (6) members coming from each Chamber
+shall represent the minority as designated by the respective minority leaders.
+
+SEC. 23. Appropriations. ~ The amount of P100 million is initially appropriated to
+carry out the provisions this Act. Thereafter, such sums as may be necessary for the
+effective implementation of this Act shall be included in the annual General Appropriations
+Act.
+
+SEC, 24. Separability Clause. - If any part, section or provision of this Act is held
+
+invalid or unconstitutional, other provisions not affected thereby shall remain in full force
+and effect.
+
+SEC. 25. Repealing Clause. — All other laws, decrees, orders, issuances, rules and
+regulations contrary to or inconsistent with the provisions of this Act are hereby repealed,
+amended or modified accordingly.
+
+SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its
+Publication in at least two (2) newspapers of national circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00017.txt

@@ -0,0 +1,672 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HOUSE BILL NO. 1%
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+
+EXPLANATORY NOTE
+
+It is indisputable that the development of a nation is in the hands of its People. As
+Professor Frederick Harbison of Princeton University correctly pointed out :
+
+Human resources . . . constitute the ultimate basis for wealth of
+nations. — Capital natural resources are passive factors of
+Production; human beings are the active agents who accumulate
+capital, exploit natural resources, build social, economic and political
+organizations, and carry forward national development. Clearly, a
+country which is unable to develop the skills and knowledge of its
+People and to utilize them, effectively in the national economy will be
+unable to develop anything else.
+
+Needless to stress, manpower development through education deserves to be given
+Premium by the State. Hence, Section 1, Article XIV of the Constitution mandates the State to
+“.... protect and promote the right of all citizens to quality education at alll levels and ... take
+appropriate steps to make such education accessible to all.”
+
+Students equipped with a nationalist and relevant education are an invaluable moving
+force in a progressive social transformation. It is, however, lamentable that on many campuses
+Obtaining conditions hinder effective acquisition of relevant knowledge and skills as students
+rights are violated with impunity.
+
+This proposed Magna Carta of Students, therefore, seeks to respect, protect and fulfill
+the rights of students in the secondary, post-secondary, graduate and post-graduate courses.
+
+Among the salient features of this bill are:
+
+Student representation in the governing board and other policy-making bodies of the
+
+school;
+
+Creation of a multi-sectoral School Fee Board;
+
+Right to organize and run an autonomous student council or government;
+
+Right to publish and circulate an independent school paper;
+
+._ Right to admission without undue discrimination;
+
+. Right to take periodic examinations even if a student has not paid the amount due provided
+it does not exceed two installments;
+
+7. Non-militarization of the campus;
+
+8. Right to due process in disciplinary proceedings;
+
+9. Right to adequate academic and welfare services consistent with the economic capacity of
+
+the school;
+10. Criminalization of violations of the rights guaranteed in the Magna Carta of Students.
+
+PAdwWN
+
+Despite the good intentions of the aforementioned provisions, it is deplorable that the
+Magna Carta of Students has been assailed due to deliberate misinformation and baseless fears.
+
+
+Contrary to the claims of uitra-militant student groups, the creation of the School Fee
+Board will not institutionalize tuition increases. What it will institutionalize is democratic and
+genuine consultation in order to prevent unjustified school fee increases. If the school owners
+Cannot present valid documents to justify proposed fee increases then the School Fee Board has
+the right to deny their proposal. The board is tasked to deliberate on school fee “adjustments”
+which could be a proposal either to hike or roll back the fees,
+
+Ultra-militant students should understand that Congress cannot legislate against or
+
+Prohibit school fee increases which are subject to market forces or economic variables beyond
+the control of lawmakers.
+
+The fear of ultra-militant students that the establishment of one supreme or central
+Student council on one campus seeks to abolish local college councils is absolutely unfounded.
+The local college councils will continue to co-exist with the supreme or central student council,
+The bill even provides that the student representative in the governing board shall be the
+chairman of the student council or any designated representative chosen by the heads of
+various local college student councils.
+
+Students, according to radical campus activists, do not need laws or legislators for
+students to protect and promote their rights and welfare. The Magna Carta of Students is
+Rot for the very few radical campus activists. It is for the overwhelming majority of students
+many of whom are not even aware of their rights, Moreover, the bill does not only guarantee
+the exercise of these rights. It imposes criminal sanctions on their violations.
+
+The Magna Carta of Students will penalize the violators of the rights of all students --
+whether radical, moderate or uninvolved. It will make democracy on the campus a reality for
+the benefit of all students and other sectors of the academic community.
+
+To allay the fears of schoo! administrators and parents, the Magna Carta of Students
+will not breed a class of student warriors.
+
+There is campus unrest if students’ rights are transgressed.
+
+There is campus unrest when students are summarily dismissed; when peaceful student
+assemblies are forcefully or violently dispersed; when student leaders are arrested without
+justifiable cause; when schoo! policies adversely affecting students are unilaterally formulated
+and arbitrarily imposed on the students; when students are not allowed to organize student
+Councils and are prohibited from publishing school papers; when tuition and other school fees
+are exorbitantly increased without prior consultation with students and their parents; when
+Student activists are truncheoned, beaten up and detained inside the school's security
+detachment; when military detachments are installed on the campuses.
+
+The Magna Carta of Students envisions an academic Community free of all these
+violations that trigger student mass protests. With the exercise of students’ rights protected
+and respected, peace and harmony will reign on the campus.
+
+Accordingly, approval of this measure is earnestly sought.
+
+———
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+THIRTEENTH CONGRESS
+FIRST REGULAR SESSION
+
+HOUSE BILL NO. 17
+
+Introduced by HONORABLE EDCEL C. LAGMAN
+as SSSSSSSSSSS—
+
+AN ACT
+PROVIDING FOR A MAGNA CARTA OF STUDENTS
+
+Ge it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Title. - This Act shall be known as the Magna Carta of Students.
+CHAPTER I
+GENERAL PRINCIPLES
+
+SEC. 2. Declaration of Policy, - It is the policy of the State to protect and promote
+the physical, mental, spiritual, intellectual and social well-being of the youth. Toward this end,
+educational institutions shall inculcate in them patriotism and nationalism, encourage critical
+and creative thinking, strengthen ethical and spiritual values and teach the rights and duties of
+citizenship.
+
+The State shall promote the right of all citizens regardless of sexual orientation, age,
+creed, socio-economic status, physical condition, political or other affiliation to relevant and
+quality education at all levels.
+
+The State shall protect and promote the rights of students to enable them to participate
+actively and effectively in the democratic processes of effecting progressive and developmental
+changes in society.
+
+SEC. 3, Guiding Principles. - This Act declares the following as basic guiding
+principles:
+
+(2) The educational system being the principal institutional mechanism for
+imparting knowledge and developing skills shail be given priority attention and support by the
+government.
+
+(b) Education is a right and not a mere privilege. It is therefore the responsibility of the
+State to provide quality education accessible to all.
+
+(c) Student organizations enhance democratic processes on the campus.
+Membership and active participation in student organizations, alliances and federations which
+Promote and protect students’ rights and welfare and/or contribute to national development
+shall be guaranteed by the State and school authorities.
+
+(q) Student organizations shall not be subject to rules and regulations that unduly
+hamper their activities and are prejudicial to their objectives and interests.
+
+(@) Student councils/governments being the most representative of the studentry
+and the highest expression of student power on the campus shall have the right to participate
+in the formulation of schoo! policies directly affecting students.
+
+
+(f) Student publications shall serve as a principal medium for free expression,
+dissemination of information, and interaction among the different sectors of the academic
+community.
+
+(g) With their democratic rights guaranteed, students can serve as a potent and cogent
+force in the country’s nationalist social transformation.
+
+SEC. 4. Definition of Terms. - As used in this Act, the following terms shall mean:
+
+(a) "Student" - any person enrolled in school in the secondary, post secondary tertiary,
+graduate and postgraduate levels, including those enrolled in vocational and technical
+education,
+
+(b) "School" - any private, public or government-run and funded academic educational
+institution offering any or all courses in the above-mentioned levels.
+
+(©) “Schoo! campus" - the totality of all contiguous or proximate buildings, grounds and
+other facilities designated by the school authorities as areas or facilities for the use of their
+students.
+
+(@) "Governing Board" - the highest policy making body of the school such as: Board of
+Directors, Trustees or Regents.
+
+(e) "Student Council/Government” - the body representing the whole student population
+in one school or school campus whose officers are annually elected at large by the whole
+student population pursuant to its constitution and by-laws, if any.
+
+(A) "Council of Leaders" - the body composed of the heads of various student
+organizations chaired by the President/Chairman of the Student Council.
+
+(g) "Tuition" - the fee representing direct costs of instruction, training and other related
+activities, and the use of school facilities. The term “other school fees” refers to fees which
+Cover other necessary costs supportive of instruction, including but not limited to medical and
+dental, athletic, library, laboratory, and Citizens Army Training (CAT) or Citizens Military
+Training (CMT) fees.
+
+CHAPTER II
+RIGHT TO ADMISSION AND QUALITY EDUCATION
+
+SEC. 5. Admission. - (a) No student shall be denied admission to any school on
+account of his/her physical handicap, socio-economic status, political or religious beliefs,
+sexual orientation or membership in student organizations, nor shall pregnant students,
+Certified reformed drug abusers and those suffering from the acquired immune deficiency
+syndrome. be discriminated against.
+
+Failure of or refusal by a student to sign waiver documents prepared by the school
+administration shall not constitute a ground for his/her non-admission.
+
+(b) A student shall have the right to freely choose his/her fields of study subject to
+existing curricula and to continue his/her course up to graduation except in case of academic
+deficiency or violation of disciplinary regulations which do not infringe upon the exercise of
+students’ rights.
+
+SEC. 6. Right to Competent instruction and Relevant Quality Education. -
+Every student shall have the right to competent instruction and quality education relevant to
+his/her personal and cultural development and that of the nation.
+
+There shall be at least one student representative in the body or committee which
+screens incoming faculty members. He/she or they shall be regularly elected and endorsed by
+the Student Council to the school official authorized to appoint the members of the screening
+body or committee.
+
+Students shall have the right to make a written evaluation of the performance of their
+teachers toward the end of the school term.
+
+
+SEC. 7. Right to Adequate Welfare Services and Academic Facilities. - It shall
+be the responsibility of the school administration to provide the students with adequate welfare
+services and academic facilities relative to the financial capacity of the school.
+
+School authorities shall endeavor to provide free annual physical check-up to students.
+It shall be the responsibility of schoo! authorities to provide students with adequate laboratory,
+library, research, recreation and physical education facilities.
+
+It shall be the responsibility of the schoo! administration to promptly notify students
+concerned of letters and other communications it receives in behalf of the students.
+
+CHAPTER IIT
+RIGHT TO ORGANIZE
+
+SEC. 8. Right to Organize Among Themselves. - Unity and collective effort being
+fundamental to the realization of common goals and the promotion and protection of common
+interests, the State recognizes the right of students to organize among themselves.
+
+The right of students to form, assist, or join any organization, alliance or
+federation for their physical, intellectual, moral, cultural, civic, spiritual and political
+interests shall not be abridged. Pursuant thereto, the practice of making students sign waiver
+documents which state that they are not members of and will not join a specified
+organization before being allowed to enrol! is hereby prohibited.
+
+SEC. 9. Student Council/Government. - The State shall ensure the existence of
+democratic and autonomous student councils/governments. Pursuant thereto, there shall be
+One supreme/central student council/government for each school campus which shall be
+given recognition by the schools, colleges and universities concerned. It shall have its own set
+Of officers elected in annual popular elections. Every student council/government shall
+have the right to determine its policies and programs on student activities subject to its duly
+Fatified charter or constitution and to school rules and regulations provided the same do not
+Infringe on the rights guaranteed by this Act.
+
+SEC. 10. Accreditation of and Granting of Privileges to Student Organizations. -
+No unreasonable requirements shall be imposed on student organizations seeking recognition.
+
+Accreditation shall be granted upon the submission by the organization concemed of its
+(1) concept paper and constitution, and (2) a formal letter addressed to the student council
+stating the organization's intent to be accredited.
+
+At the tertiary level, the student council in coordination with the school student affairs
+Office shall take charge of the accreditation of student organizations. The guidelines concerning
+accreditation shall be formulated jointly by the student council and the council of leaders
+composed of the heads of the different student organizations. The student council shall
+oversee the implementation of these guidelines and mediate in instances of conflicts.
+
+There shall be no discrimination in the assignment of school facilities and the granting of
+other privileges to student organizations. The school administration shall endeavor to provide,
+free of charge, a hall or building to house the offices of the different student organizations
+within the premises of the school.
+
+Excessive charges for the use of school facilities shall be prohibited. Whenever possible,
+the school administration shall allow student organizations to use school facilities free of. ‘charge.
+
+SEC. 11. Coordination of Student Organizations’ Activities. - All on and off
+campus activities of student organizations shall be coordinated by the student
+‘council/government.
+
+
+The Committee on Elections (COMELEC) constituted to conduct the election of the
+Officers of the student council/government shall be composed solely of bona fide students of
+the school, The conduct of the student council election shall be held in coordination with the
+student affairs office.
+
+SEC. 12. Prohibition Against the Use of Force and Exaction of Excessive Fees. -
+All campus organizations shall be prohibited from using force in the initiation of and exacting
+excessive fees from their members as well as in their other student activities.
+
+CHAPTER IV
+RIGHT TO PARTICIPATE IN POLICY MAKING
+
+SEC. 13. Participation in Policy-Making Process. - (a) There shall be a student
+representative in the Governing Board of the school. The chairman/president of the student
+council or any designated representative chosen by the heads of various local college student
+councils shall be the student representative and shall have the same rights as those of a
+regular member; provided, that his/her privileges shall be limited to reimbursements
+for actual expenses incurred in attending meetings. The same rights shall be granted to the
+secondary level.
+
+The students shall also be represented in other policymaking bodies which directly affect
+thelr welfare, especially in curriculum drafting, review and revision, student discipline, and
+academic standards. The representatives shall be designated by the student council.
+
+(b) Representatives of national student organizations shall actively participate and
+Possess voting powers in the formulation of national policies by governmental agencies on
+Matters affecting students’ rights and welfare including tuition.
+
+SEC. 14, Students’ Initiative and Referendum. - The student council/government
+through a majority vote of all its members shall have the right to initiate the formulation,
+modification or rejection of a school policy affecting the students. The proposition for the
+formulation, modification or rejection of a school policy affecting the students shall be
+submitted to and approved by a majority of the votes cast by all the bona fide students of the
+school in a referendum called for the purpose.
+
+SEC. 15. Right to File an Appeal. - The student council/government through a
+Majority vote of all its members shall have the right to file an appeal on a decision of any
+policymaking body subordinate to the governing board. Such appeal shall be filed with the
+governing board.
+
+The student council/government with the same requisite number of votes referred
+to in the previous paragraph may file a motion for reconsideration on any decision of the
+governing board.
+
+In case of any decision unfavorable to the students, the Student Council may file an
+appeal with the Department of Education (DepEd), the Technical Education and Skills
+Development Authority (TESDA) and the Commission on Higher Education (CHED), insofar as
+the secondary, post-secondary technical-vocational, and tertiary students, respectively, are
+concerned.
+
+All appeals and motions for reconsideration referred to in the previous paragraph must
+be filed within thirty (30) calendar days from date of notice of decision.
+
+‘SEC. 16. On the Matter of School Fees. - Within thirty (30) days from the start of a
+school year the governing board of every school shall create a body to be known as the School
+Fee Board which shall study, conduct consultation and thereafter recommend on tuition and
+other school fee adjustments. At the tertiary level this body shall be composed of an
+equal number of representatives from the administration, academic and nonacademic
+
+
+Personnel, parents/guardians, students and alumni associations. These representatives shall
+Choose a chairperson from among themselves. Greater representation shall be given to parents
+than to students in the secondary level.
+
+In justifying any tuition and/or school fee increase before the School Fee Board, the
+school concerned shall be required to present the school’s financial statements for the last five
+(5) years immediately preceding the proposal for such increase. Refusal of the schoo!
+administration to show its books and records for inspection by the School Fee Board shall mean
+automatic denial of its proposal for increases.
+
+The School Fee Board shail not act on a proposal to increase school fees unless the
+students and their parents are consulted at least one hundred twenty (120) days before the
+school year, semester or term in which the increase is to be effected.
+
+In the event the decision of the School Fee Board is not favorably acted upon by the
+school governing board, the latter's decision may be appealed by any affected member of
+the school community to the appropriate education agencies within (30) days from date of
+notice of decision.
+
+No student or parent shall be required to sign any contract or agreement respecting
+adjustments in tuition and other fees as a condition for enrollment or for any other purpose.
+
+For purposes of this section, "Consultation" shall mean dissemination of adequate
+information relative to tuition and other school fees, the increases thereof, objections thereto,
+or the justifications therefor and shail include but not be limited to the holding of meetings
+and hearings as may be necessary to ventilate the tuition and other fee issues. Pursuant
+thereto, all meetings or hearings conducted for consultation purposes shall be properly
+documented and circulated.
+
+CHAPTER V
+
+RIGHT TO FREE EXPRESSION AND INFORMATION
+AND RIGHT TO ACADEMIC FREEDOM
+
+SEC. 17. Right to be Informed. - The right of the students to information on matters
+directly or Indirectly affecting their welfare shall be recognized. Access to official records and
+other pertinent documents and papers pertaining to official acts, transactions or decisions shall
+be afforded the students subject only to reasonable regulations that may be imposed such as
+time for examining the documents and other papers to prevent loss or damage of the same.
+
+SEC. 18. Freedom of Expression. - Subject to existing laws, students shall have the
+right to freely express their views and opinions. They shall have the right to peaceably
+assemble and petition the government and school authorities for the redress of their
+grievances. Pursuant thereto, no school regulation shall be imposed violating or abridging the
+students’ right to assembly.
+
+Students shall have access to print and broadcast media in their information activities.
+‘They shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall
+news, petitions and such other materials. Pursuant thereto, the schoo! authorities shall ensure
+the provision of facilities such as bulletin boards for the mounting of the aforementioned
+materials.
+
+School authorities may designate a certain area on every campus as a freedom park
+where students, can freely discuss issues directly and indirectly affecting them.
+
+SEC, 19. Student Publications. - Students shall have the right to publish student
+Newspapers and other similar publications, print in their pages materials which they deem
+in pursuance of their academic freedom and freedom of expression in accordance with
+Republic Act No. 7079, otherwise known as the “Campus Journalism Act of 1991." Pursuant
+
+
+thereto, no individual who is not a staff member of the student publication shall determine its
+Content. The role of the faculty adviser in a student newspaper shall be limited to technical
+guidance.
+
+‘The selection of the student editor-in-chief and his/her staff shall be made by
+annual fair and competitive examinations to be administered by an impartial Board of
+Judges.
+
+The editorial staff shall observe the ethics of professional journalism. It shall be the
+responsibility of the editorial staff to ensure that the student paper is not used for purposes
+contrary to law.
+
+The editor/editorial staff shall, unless sooner removed for cause and with due process,
+be assured of security of tenure for the duration of his/her/its prescribed term.
+
+SEC. 20. Academic Freedom. - Students’ academic freedom shall consist of, but not
+limited to, the following rights:
+
+(2) To conduct researches in connection with academic work, and to freely discuss and
+publish their findings and recommendations;
+
+(b) To conduct inquiry within the campus in curricular and extracurricular activities;
+
+{c) To choose a field of study and to pursue the quest for truth; to express their
+opinion on any subject of public or general concern which directly or indirectly affects the
+‘students or the educationa! system;
+
+(q) To invite off-campus speakers or resource persons to student-sponsored assemblies,
+
+fora, symposia, and other activities of similar nature;
+
+{e) To express contrary interpretations or dissenting opinions inside and outside the
+classroom;
+
+(f) To participate in the drafting of a new curriculum and in the review or revision of the
+old;
+
+(g) To participate in the drafting and/or revising of the student handbook which shall
+
+include the school rules and regulations, a copy of which shall be furnished the students
+upon admission to the school; and
+
+(h) Tobe free from any form of indoctrination leading to imposed ideological
+homogeneity.
+
+CHAPTER VI
+RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS
+
+SEC. 21. Right to Due Process. - (a) A student subject to disciplinary proceedings
+shall have the right to defend himself, tobe heardand to present evidence on
+his behalf before an impartial body. There shall be a Student Disciplinary Board to be composed
+of one (1) representative from the school administration, two (2) faculty members, and two (2)
+students to conduct investigations into and decide on cases of student violations of disciplinary
+standards. Both the faculty and the student representatives shall be endorsed by the student
+‘council/government.
+
+(b) The blacklisting, expulsion, suspension and other such disciplinary sanctions that
+may be taken against a student shall not be valid unless the following rights have been
+observed and accorded the student:
+
+(1) The right to be informed in writing of the nature and cause of the accusation against
+
+him/her;
+
+(2) The right to confront witnesses against him/her and to full access to the evidence
+in the case;
+
+(3) The right to defend himself/herself and to be defended by a representative or
+counsel of his/her choice, adequate time being given him/her for the preparation
+of his/her defense;
+
+(4) The right to a hearing before the Student Disciplinary Board;
+
+(5) The right against self-incrimination; and
+
+
+(6) The right to appeal adverse decisions of the Student Disciplinary Board to the
+governing board and ultimately to the appropriate education agencies,
+
+(c) The decision in any disciplinary proceeding must be rendered on the basis of
+relevant and substantial evidence presented at the hearing, or at the least contained in the
+record and disclosed to the student affected.
+
+The deciding body must act on its own independent consideration of the facts of the
+case. The body should, in all controversial questions, render its decision in such a manner that
+the issues involved, and the reasons for any decision rendered are made clear to the student.
+
+(d) Disciplinary sanctions shall be corrective rather than punitive or penal in nature. The
+gravity of disciplinary sanctions must be proportionate to the seriousness of the violation
+committed.
+
+The Office of the Guidance Counselor of the respective schools in consultation with
+the Student Disciplinary Board shal! publish on a periodic basis acts which are deemed violative
+Of school rules and regulations and the corresponding disciplinary sanctions: Provided, That
+such rules and regulations do not violate the rights guaranteed herein and under the
+Constitution.
+
+CHAPTER VII
+OTHER RIGHTS
+
+SEC. 22. Right Against Unreasonable Searches and Seizures. - Every student
+shall be free from any from of unreasonable search and seizure. Except for the following
+instances no search or seizure of a student shall be deemed valid:
+
+(a) Searches made at the point of ingress and egress by authorized personnel of the
+school;
+
+(b) Searches and seizures of illegal article or articles falling in the plain view of duly
+authorized personnel;
+
+(©) Searches and seizures of articles that are illegal, discovered inadvertently by duly
+authorized personnel;
+
+(d) Searches made when the student is about to commit, is committing or has just
+‘committed a crime or a serious infraction of the schoo!'s rules and regulations;
+
+(e) Searches made with a valid search warrant.
+
+Articles seized in violation of the hereinabove provided rights shall not be used as
+evidence against the student in any disciplinary action that may be brought against him/her.
+
+SEC. 23. Access to School Records and Issuance of Official Certificates. -
+Subject to the provision of the following section, every student shall have access to his/her own
+school records, the confidentiality of which the school shall maintain. He/She shall have the
+right to be issued official certificates, diplomas, transcripts of records, grades, transfer
+Credentials and other similar documents within thirty (30) days from the filing of request
+and accomplishment of all pertinent requirements.
+
+SEC. 24. Unpaid Tuition Fees and Examinations. - No student shall be prohibited
+from taking a periodic or final examination because of unpaid tuition and other school fees not
+exceeding two (2) installments under the established terms of payment prescribed by the
+school concerned and approved by the appropriate education agency.
+
+Students with delinquent fees permitted to take an examination shall
+Nevertheless be subject to the right of the school concemned to withhold the release or
+issuance of such students’ school records or of the documents mentioned. in the preceding
+section or to deny such students admission to the next succeeding semester or year until the
+Prior delinquencies are fully paid.
+
+
+SEC. 25. Security of Tenure. - It shall be the right of students to finish their entire
+courses of study ina given school, except in cases of academic deficiency or violation of
+disciplinary regulations.
+
+In cases wherein the school authorities refuse to allowa student to enroll for the
+subsequent semester or year due to the causes hereinabove stated, the student may appeal
+such ruling to the appropriate education agency
+
+SEC. 26, Prohibition Against Involuntary Contributions. - Except those approved
+by their own student organizations, all involuntary contributions shall be prohibited.
+
+SEC. 27. Collection of Student Paper and Student Council Fees. - The school
+administration shall assist the student paper staff and the student council/government, in
+thelr financial needs through the collection of student paper and student council fees from the
+students.
+
+The student paper fees shall be held in trust for their unhampered use in the publication
+of the student paper.
+
+The full amount of student council fees shall be turned over to the student council within
+fifteen (15) days from the assumption of office of the Student Council officers.
+
+SEC. 28. Privacy of Communication. - The privacy of communication and
+Correspondence among students shall remain inviolable.
+
+SEC. 29. Scholarship Grants and Privileges. - Opposition to schoo! policies inimical
+to students’ interest shall not be a ground for denying or withdrawing scholarship grants and
+privileges to deserving students.
+
+SEC. 30. Right to Adequate and Safe Housing/Dormitory Facilities. - The State
+and the respective school authorities shall endeavor to provide the students adequate, safe
+and clean housing facilities.
+
+SEC. 31. Prohibition Against Militarization of the School Campus. - The pursuit
+of academic excellence and exercise of academic freedom can be attained only in an
+atmosphere free from fear and unreasonable restraint. Pursuant thereto, no military
+detachment shall be installed on the school campus.
+
+Military elements and/or policemen in uniform or in plain clothes and school security
+forces shall not interfere with student activities, particularly peaceful mass actions, inside
+the school campus.
+
+SEC. 32. Firearms Ban. - Students shall not be allowed to carry firearms inside the
+school campus.
+
+They shall_be required to deposit such firearms with the school security force prior
+to their entry to the school premises.
+
+CHAPTER VIII
+FINAL PROVISIONS
+
+SEC. 33. Rules and Regulations. - Within ninety (90) days from the approval of this
+Act, the DepEd, TESDA, and CHED together with the representatives of national student
+organizations, representatives of school administrations and the National Youth Commission
+(NYC) shall promulgate the necessary rules and regulations to implement the provisions of this
+Act.
+
+
+SEC. 34. Administration and Enforcement. - National student organizations and
+student councils/governments shall have the right to report to and demand an investigation
+from the appropriate education agency into any act or acts committed by school authorities
+and/or administrations violative of their right as provided in this Act. As such, they shall
+have the right to an impartial speedy resolution of the issue.
+
+Upon finding by the appropriate education agency that a particular school administration
+has willfully and repeatedly infringed on the rights provided herein, it shall cause the
+Suspension or cancellation of the license to operate of said erring school. To protect the
+interests of the students, the State shall, during the period of suspension or upon the
+cancellation of license, and unless restrained by the proper Court, take over the operation of
+the school.
+
+SEC. 35. Penal Provisions. - Any person who shall willfully interfere with, restrain or
+‘coerce any student in the exercise of his/her rights guaranteed by this Act, or who shall in any
+other manner commit any act to defeat any provision of this Act, shall, upon conviction, be
+Punished by a fine of not less than Ten Thousand (P10,000.00) Pesos nor more than Fifty
+Thousand (P50,000.00) Pesos or by imprisonment for not less than one year nor more than
+five years, or both such fine and imprisonment at the discretion of the Court,
+
+If the offender is an educational institution, or any juridical person, the penalty shall be
+imposed upon the President, Treasurer, Secretary or any person or officer responsible
+for the violation. If the offender is an alien, he shall, after service of sentence, be
+immediately without further proceeding in the Bureau of Immigration (BI). If the offender is a
+public officer or employee, the Court shall, in addition to the penalties hereinabove
+provided, order his dismissal from the government service.
+
+In this regard, the CHED, and the TESDA shall be empowered to investigate into the
+violations of this Act or the rules and regulations issued thereunder and for this purpose shall
+have the power to issue summons, writs, orders, subpoena and subpoena duces tecum
+to secure the attendance of witnesses and the production of documents in connection with the
+charges presented to the appropriate body.
+
+In addition to the penalties herein provided, the license to operate of the school
+concerned may be suspended or canceled by the DepEd, TESDA, or CHED in accordance with
+Section 35 of this Act. The decision of these education agencies may be appealed to the proper
+court,
+
+SEC. 36. Separability Clause. - If any provision of this Act is declared invalid, the
+remainder thereof not affected thereby shall continue to be in full force and effect.
+
+SEC. 37. Repealing Clause. - All laws, decrees, orders, rules and regulations or other
+issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
+modified accordingly.
+
+SEC. 38. Effectivity. - This Act shall take effect upon its approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00018.txt

@@ -0,0 +1,321 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+18
+
+House Bill'NO.
+
+Introduced by HON. EDGAR M, CHATTO
+18" DISTRICT, BOHOL
+
+EXPLANATORY NOTE
+
+The Local Government Academy is tasked to train and improve the managerial skills
+and technical capability of local government officials and personnel to make local
+government units more responsive to the demands of decentralization. To advance this
+objective, the LGA must be clothed with ample and standardized powers, functions and
+privileges. It must take a proactive response to the development needs of local
+-governments and human resoutce development programs of the Department of the
+Interior and Local Government (DILG).
+
+Presently, however, the LGA is attached to the DILG with limited powers, functions
+and privileges, as provided for under Executive Order NO. 262, otherwise known as The
+Reorganization Act of the Department of Local Government and for other Purposes, and
+as reiterated under Republic Act NO, 6975, otherwise known as The Department of the
+Interior and Local Government Act of 1990. As such, it cannot effectively function in
+accordance with its mandate.
+
+This bill strengthens the LGA and transforms it to a more autonomous corporate
+body, to with the end in view of inaking its programs and related activities more
+responsive to the needs of its clients.
+
+Filed during the 12" Congress, this proposed measure was approved unanimously by
+the Committee on Local Government. But due to time constraints, the other committees
+to which it was jointly referred did not have the opportunity to study its significance.
+
+Support for its expeditious enactment is again earnestly sought during this Congress.
+
+REP, EDGAR M. CHATTO.
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Sessipn,
+
+House Bill No.
+
+Introduced by HON. EDGAR M. CHATTO
+1" DISTRICT, BOHOL
+
+AN ACT CREATING THE CHARTER OF THE LOCAL GOVERNMENT ACADEMY
+(LGA), AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975, OTHERWISE
+KNOWN AS THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
+ACT OF 1990 AND APPROPRIATING FUNDS THEREFOR
+
+_Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Title, - This Act shall be known as the “Local Government
+Academy (LGA) Act of 2004.”
+
+SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State
+to develop and enhance the institutional capabilities of local government units (LGUs),
+including the administrative and technical capabilities of local government officials and
+employees, the Department of the Interior and Local Government (DILG) personnel and
+other government and non-government personnel concerned with local government by
+enhancing the powers, duties and functions of the Local Government Academy.
+
+SECTION 3. Name. — This entity shall be called the Local Government
+Academy, hereinafter referred to as the Academy or LGA.
+
+
+
+SECTION 4. Powers. ~The Academy shall have the following powers:
+
+(a.) Adopt and alter a corporate seal;
+
+(b.) Take and hold by bequest, devise, gift, purchase or lease, either absolutely or
+in trust for any of its purpose, any property, real or personal, without
+limitation as to amount or values; to convey such property and to invest and
+reinvest any principal in such manner as will promote its objectives;
+
+(c.) Promote its aims, enhance its operations or rehabilitate any of its physical
+Structure, facilities/utilities and purposes herein set out;
+
+(d.) Contract any obligation, or enter into any agreement necessary or incidental to
+the proper management of its corporate powers; and
+
+(e.) Carry out capability-building programs with greater efficiency and
+effectiveness and perform any activity with all the powers conferred by a law
+‘of laws upon private or government-owned or controlled corporations; and to
+do any and all of the acts herein set forth, to the same extent as judicial
+persons should do, and in any part of the world, as a principal factor, agent or
+otherwise alone or in syndicate or otherwise in conjunction with any person,
+
+entity, partnership, association or corporations, domestic or foreign.
+
+SECTION 5. Functions, — The Academy shall have the following functions:
+
+(a.) Design and implement training and human resource development programs for
+local government units, executives and functionaries and the DILG personnel
+that will ultimately effect institutional development and organizational
+
+effectiveness;
+
+
+
+(b.) Assist the DILG in promulgating policies, rules and regulations and other
+issues relative to human resource development and training for LGUs that are
+responsive to their needs, Training activities shall be preceded by training
+needs assessments to ensure customized and relevant programs and shall also
+ensure the conduct of progress and impact in its evaluation of LGU training
+Programs;
+
+(c.) Establish and maintain a mechanism to enable the LGUs to access technical as
+well as financial assistance in building institutional capabilities to respond to
+the needs of local governance within the framework of local autonomy;
+
+(d.) Establish and maintain a continuing linkage and network with different
+institutions and civil society groups for synergy in local government
+capability-building and to cope with the technological and institutional needs
+of LGUs in the context of globalization;
+
+(e.) Develop a corps of efficient, effective and competent LGA staff provided with
+all the remuneration and benefits needed for their enhancement and
+satisfaction; and
+
+(£) Undertake rehabilitation, upgrading and expansion of its training center as a
+venue for conducting efficient and effective capability-building programs.
+
+SECTION 6. Location and Offices. - The Academy shall maintain a central office
+
+in the Metro Manila area and three training and technical assistance centers: one (1) in
+
+Luzon, one (1) in Visayas and one (1) in Mindanao.
+
+
+SECTION 7. Board of Trustees. - The Board of Trustees shall be the policy-
+making body of the Academy which shall be composed of the Secretary of the DILG as
+ex-officio Chairman and the following members:
+
+(1.) President of the League of Provinces;
+
+; (2.) President of the League of Cities;
+
+(3.) President of the League of Municipalities;
+
+(4,) President of the Liga ng mga Barangay
+
+(5.) President of the League of Vice Governors
+
+(6, President of the League of Vice Mayors
+
+(7.) Executive Director of the Academy
+
+(8.) arepresentative from the academe
+
+(9.) @ representative from the private sector, who shall be appointed by the
+
+President of the Philippines upon the recommendation of the Secretary of the
+DILG.
+
+‘The appointive members shall serve for a term of three (3) years without
+reappointment. Appointment to any vacancy shall only be for the unexpired term of the
+predecessor,
+
+In no case shall any trustee be appointed or designated in a temporary or acting
+capacity.
+
+The Chairman and members of the Board of Trustees shall be entitled to
+reasonable honorarium for the performance of their duties and reimbursement and
+regulations of expenses incurred while discharging their functions as such, subject to
+
+auditing and rules.
+
+
+
+SECTION 8. Powers and Duties of the Board, — The powers of the Academy
+shall be vested in the Board of Trustees. It shall have the following powers and duties:
+(2.) Prepare and or adopt policies, guidelines, rules and regulations necessary for a
+smooth and orderly operations and for the enhancement and development of
+its personnel;
+(b.) Prepare and/or approve the organizational structure and staffing pattern for its
+officers and employees;
+All positions shall be governed by compensation and position qualification
+system and qualification standards approved by the board based on a
+comprehensive job analysis and audit of actual duties and responsibilities. The
+compensation plan shall be comparable to the prevailing compensation plans
+in the private sector and shall be periodically review by the Board no more
+than every three (3) years without prejudice to a yearly merit review or
+increases based on productivity and profitability.
+(c.) Approve courses of training/study for LGUs and training fees required for
+training programs as well as for the rental of LGA facilities;
+(d.) Approve work plans and budget proposals of the Academy for consideration
+of appropriate agencies and other funding institutions, both local and foreign;
+(e.) Review periodically the administration and programs, performance and
+accomplishments of the LGA; and
+
+(£) Perform such other duties as may be required by law.
+
+
+
+SECTION 9. Officers of the Academy. - The Academy shall be headed by an
+Executive Director as Chief Executive and assisted by three (3) Deputy Directors for
+Luzon, Visayas, and Mindanao who shall be appointed by the President of the Philippines
+upon recommendation of the Board of Trustees. The Executive Director and Deputy
+Directors shall have passed the Career Executive Service Officers Exam or its equivalent
+and/or shall satisfy the qualification standards required by the Civil Service Commission.
+
+The Executive Director shail have the following duties and responsibilities:
+
+(a.) Recommend to the Board of Trustees, the measures and policies which he/she
+believes are necessary to carry out the purposes of the Academy and all
+matters pertinent to its operations including the enhancement and
+development of its personnel;
+
+(b.) Recommend to the Board of Trustees the programs and projects of the
+Academy and coordinate and administer the same;
+
+(c.) Direct and supervise the operations and internal administration of the
+‘Academy, and delegate administrative responsibilities to the appropriate
+officer or employee in accordance with its rules and regulations;
+
+The LGA shall be exempt from the existing Salary Standardization Law and
+its implementing rules and regulations.
+
+(d) Submit an annual report to the Board of Trustees setting forth the
+accomplishments of the Academy during the year, its financial operations and
+
+status;
+
+
+
+(e.) Appoint, subject to civil service laws, rules and regulations, all subordinate
+officers and employees, who shall enjoy security of tenure and may be
+removed only for cause in accordance with the law;
+
+(£) Engage the services of experts/consultants either on full-time or part-time
+basis, as may be required in the performance of his functions and duties as
+determined by him; and
+
+(g.) Exercise such other powers and discharge such other functions as may be
+vested by the Board. The executive secretary who shall be appointed by the
+Board of Trustees shall be the ex-officio recorder/secretary of the Board of
+Trustees and shall head the secretariat of the Board. He shall also perform
+such other functions as may be lawfully delegated or assigned by the Board.
+
+SECTION 10. Financial Resources of the Academy, — The financial resources of
+
+the Academy shall comprise of:
+
+1, Funds from the government appropriation for the LGA for its
+initial operations and funds from international and national
+organization, foundations as well as from the private sectors;
+
+2. Voluntary contributions;
+
+3. Income from training and the use of training facilities, sale of
+publications, materials and other services; and
+
+4. ‘The Academy may also receive non-financial contributions,
+services or equipment/vehicles needed for its operations.
+
+SECTION 11, Exemption from Taxes. - Any provision of existing laws to the
+
+contrary not withstanding, any donation, contribution, bequest, subsidy or financial and
+
+
+
+which may be made to the Academy shall be exempt from taxes of any kind, and shall
+constitute allowable deductions in full from the income of the donors or givers for
+income tax purposes.
+
+The LGA, its assets, acquisitions including grants and donations, income from its
+operations and transactions shall be exempt from any and all taxes, fees, charges and
+imports, licenses and assessment, direct or indirect, imposed by the Republic of the
+Philippines or any of its political subdivision or taxing authority thereof, except import
+taxes, duties and fees.
+
+SECTION 12. Appropriation Clause. - The amount necessary to carry out the
+provisions of this Act, shall be included in the appropriations of the year following its
+enactment into law.
+
+SECTION 13. Transitory Provisions. — All functions, powers, duties and
+responsibilities of the existing LGA presently attached to the DILG as well as all assets,
+properties, funds, indebtedness or liabilities, including its budgetary appropriations, shall
+be transferred to the Academy created under this Act, subject to the conditions that may
+be established by the Department of Budget and Management (DBM), the Commission
+on Audit (COA) and the Office of the President (OP).
+
+Pending full implementation of the LGA organizational structure and staffing
+pattern under this Act, all officials and employees of the present LGA shall continue to
+exercise their powers, discharge their duties, functions and responsibilities and receive
+their salaries and allowances until they shall be given notice of separation or position in
+accordance with Civil Service Laws, Rules and Regulations but shall not exceed one (1)
+
+year from the approval hereof.
+
+
+
+SECTION 14. Separability Clause. - If any part or provisions of this Act is
+declared unconstitutional or invalid, the other parts or provisions hereof which are not
+affected thereby shall continue to be in full force and effect.
+
+SECTION 15. Repealing Clause. - The provisions of Republic Act NO. 6975,
+Executive Order 262 and all other laws executive orders, issuances pertinent thereto are
+are hereby amended, repealed or modified accordingly.
+
+SECTION 16. Effectivity. - This Act shall take effect fifteen (15) days following
+its complete publication in the Official Gazette or in at least two (2) newspapers of
+general circulation, whichever comes earlier.
+
+Approved.
+

data/document/hb/13/00001-01000/HB-00019.txt

@@ -0,0 +1,78 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS,
+First Regular Session
+
+House BiNo,__ 19
+
+Introduced by HON. EDGAR M. CHATTO.
+DISTRICT, BOHOL
+
+EXPLANATORY NOTE
+
+The functions, duties and responsibilities of the secretaries of the local sanggunians
+are vital to policy formulation and program of local government units, as provided for
+under Book Il, Title 5, Article 1, Section 469 of R.A. NO. 7160, otherwise known as the
+Local Government Code. Accordingly, they must be given an appropriate rank with a
+commensurate salary.
+
+Presently, however, the secretaries to the local sanggunians are career officials with
+the rank and salary equal to a head of department or office, Hence, whether they are in
+the provinces, cities or municipalities, they are in a lower category compared to the heads
+of departments or offices within the LGUs.
+
+This bill seeks to elevate the position of all secretaries to the sanggunians.
+
+Filed during the 12" Congress, the Committee on Local Government approved the
+same but the House Plenary never had the opportunity to study this bill. This measure it
+therefore re-filed for the consideration of this Congress.
+
+REP. EDGAR M. CHATTO
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill NO. 19
+
+Introduced by HON. EDGAR M. CHATTO.
+1°" DISTRICT, BOHOL.
+
+AN ACT TO UPGRADE THE POSITION OF SECRETARIES TO THE
+SANGGUNIAN, AMENDING FOR THE PURPOSE SECTION 469 (A), OF CHAPTER
+3, BOOK III, TITLE 5, ARTICLE 1 OF R.A. NO, 7160, OTHERWISE KNOWN AS.
+THE LOCAL GOVERNMENT CODE OF 1991
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Section 469 (a), of Chapter 3 Book III, Title 5, Article 1 of R.A. NO.
+
+7160, otherwise known as the Local Government Code of 1991, is hereby amended to
+read as follows:
+
+SECTION. 469. Qualifications, Powers and
+Duties. — (a) There shall be a secretary to the
+sanggunian who shall be a career official AND
+[with the rank and salary equal to] a head of
+department or office.
+
+SEC. 2. All laws, decrees, executive orders, presidential issuances and circulars
+issued by administrative bodies which are inconsistent with this Act are hereby repealed,
+amended or modified accordingly.
+
+SEC. 3. If any provision of this Act is declared unconstitutional, the same shall not
+affect the validity and effectivity of the other provisions thereof.
+
+SEC. 4. This Act shall take effect fifteen (15) days after its publication in at least two
+(2) newspapers of general circulation.
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00020.txt

@@ -0,0 +1,174 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+‘THIRTEENTH CONGRESS
+First Regular Session
+
+House BillNo.___ 20
+
+Introduced by HON. EDGAR M. CHATTO .
+1% DISTRICT, BOHOL
+
+EXPLANATORY NOTE
+
+Although the power to issue subpoena and subpoena duces tecum is impliedly
+granted to the local sangguniang panlalawigans by virtue of the statutory grant of
+delegated legislative power, there is a need to expressly grant the same because the
+subpoena power is judicial in character. Allowing local legislative bodies to exercise this
+power without express statutory basis will impinge on the principle of separation of
+powers.
+
+Both the Constitution and the Local Government Code are mum about granting the
+sangguniang panlalawigans the power to subpoena witnesses.
+
+‘This bill seeks to expressly grant the local sangguniang panlalawigans the power to
+issue subpoena and subpoena duces tecum.
+
+Filed during the 12" Congress, this measure was for sponsorship in the House
+
+Plenary, But due to time constraints, it was never taken up. Hence, the same is re-filed
+for the consideration of this Congress. '
+
+REP.IEDGAR M. CHATTO
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+House Bill NO. 20.
+
+Introduced by HON. EDGAR M, CHATTO
+15" DISTRICT, BOHOL
+
+AN ACT GRANTING THE LOCAL SANGGUNIANS, EXCEPT THE SANGGUNIANG
+BARANGAYS THE POWER TO CONDUCT INQUIRIES, IN AID OF LEGISLATION,
+TO ISSUE SUBPOENA AND TO PUNISH FOR CONTEMPT ANY PERSON WHO
+REFUSES TO OBEY SUCH PROCESS, AMENDING FOR THE PURPOSE
+SECTIONS 447, 458 AND 468 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN
+AS THE LOCAL GOVERNMENT CODE OF 1991.
+
+. Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Sections 447, 458 and 468 of Republic Act NO, 7160, otherwise known
+as the Local Government Code of 1991 is hereby amended to read as follows:
+
+“SECTION 447. Powers, Duties,
+
+Functions and Compensation. —
+
+(a.)The sangguniang bayan, as the
+legislative body of the municipality,
+shall enact ordinances, approve
+resolutions and appropriate funds for the
+general welfare of the municipality and
+its inhabitants pursuant to Section 16 of
+this Code and in the proper exercise of
+
+the corporate powers of the municipality
+
+
+
+as provided for under Section 22 of this
+Code, and shall:
+(1) xxx
+XxX
+(©) CONDUCT INQUIRIES, IN
+
+AID OF LEGISLATION ISSUE
+
+SUBPOENA TESTIFICANDUM AND
+
+DUCES TECUM AND PUNISH FOR
+
+CONTEMPT ANY PERSON, WHO
+
+REFUSES TO OBEY SUCH
+
+PROCESS.
+
+[(6)] (7) Exercise such other powers
+and perform such duties and functions as
+may be prescribed by law or ordinance.”
+
+“SECTION 458. Powers, Duties,
+
+Functions and Compensation. —
+
+(a) The sangguniang panlungsod, as the
+legislative body of the city, shall
+enact ordinances, approve
+resolutions and appropriate funds for
+the general welfare of the city and its
+inhabitants pursuant to Section 16 of
+
+this Code and in the proper exercise
+
+
+
+of the corporate powers of the city as
+provide for under Section 22 of this
+
+Code, shail:
+
+(I) xxx
+
+XXX
+
+(6) CONDUCT INQUIRIES, IN
+AID OF LEGISLATION, ISSUE
+SUBPOENA TESTIFICANDUM AND
+DUCES TECUM AND PUNISH FOR
+CONTEMPT ANY PERSON, WHO
+REFUSES TO OBEY SUCH
+PROCESS.
+
+{(6)] (7) Exercise such other powers
+and perform such other duties and
+functions as may be provided for by law
+and ordinance.”
+
+“SECTION. 468. Powers, Duties,
+Functions and Compensation. —
+
+(a) The sangguniang panlalawigan, as
+the legislative body of the province, shall
+enact ordinances, approve resolutions and
+appropriate funds for the general welfare of
+
+the province and its inhabitants pursuant to
+
+
+
+Section 16 of this Code and in the proper
+exercise of the corporate powers of the
+province as provided for under Section 22 of
+this Code, and shall:
+
+(I)xxx
+xxx
+(5) CONDUCT INQUIRIES, IN AID
+OF LEGISLATION, ISSUE SUBPOENA
+TESTIFICANDUM AND DUCES TECUM
+AND PUNISH FOR CONTEMPT ANY
+PERSON, WHO REFUSES TO OBEY
+SUCH PROCESS.
+[(5)] (6) Exercise such other powers
+and perform such other duties and functions
+as may be prescribed by law or ordinance.”
+
+SEC. 2. The Department of the Interior and Local Government (DILG), in
+coordination with the Union of Local Authorities of the Philippines (ULAP), shall
+promulgate the necessary rules and regulations within sixty (60) days upon the approval
+of this Act.
+
+SEC. 3. This Act shall take effect upon its approval.
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00041.txt

@@ -0,0 +1,556 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.___ 41
+
+INTRODUCED BY: HON. EMILIO C. MACIAS IT
+
+EXPLANATORY NOTE
+
+The health of the nation determines its own level of energy and vigor and
+therefore, ultimately, its performance in social and economic development. Implicit in the
+development process is the existence of a reasonable citizenry capable of carrying out
+development goals, It is thus, clear that the promotion of health is always an urgent
+business of society not only because it is the very foundation of an active and useful life
+but also the right of every Filipino,
+
+Cognizant of this reality, the Constitution explicitly provides that the State shall
+promote and protect the right to health of the people and instill health consciousness
+among them. In pursuance of this mandate, Republic Act No. 7160 otherwise known as
+the Local Government Code of 1991 was enacted devolving among others the functions
+of managing public health and district hospitals to local government units.
+
+However, inspite of the time that has elapsed since the effectivity of the Code,
+there is still confusion and duplication of functions among health care deliverers — the
+Department of Health still involves itself with the day to day public health work and
+hospital care (primary, secondary and level I tertiary) when these functions have long
+been devolved to local government units
+
+This situation clearly defeats the noble objectives of the Local Government Code.
+Besides, it drains the Department of Health of essential funds to provide for higher
+tertiary capability for its hospitals in different regions which should be their primary
+concern, Moreover, local government units are still denied the funds: for the cost of
+devolved functions. Numerous district hospitals had been re-nationalized in contravention
+of the policy on local government autonomy embodied in the Local Government Code.
+
+‘There is an urgent need therefore, to pass a curative and comprehensive
+legislation that will effectively address these health issues and concem in order to
+rationalize the health care delivery system in our country.
+
+This piece of legislation seeks to institute the modemization of the health care
+delivery system in the Philippines. This modernization program consists of several
+components that will ultimately phase out the antiquated system of health care delivery to
+complement state-of-the-art equipment and technology. It includes strong advocacy that
+leans towards the realization of a genuine local autonomy by transforming devolved
+hospitals, together with their respective catchment rural health units into self-governing
+components with the establishment of district health boards in every district, health
+boards in regional medical centers, and in specialty hospitals. In effect, the local health
+boards embodied in the Local Government Code shall be abolished.
+
+
+
+It is also the intention of this bill to introduce among others, the active
+participation of the members of Congress in different district and hospital health boards;
+the private sector participation in the management of their own health care program; the
+delineation of specialized functions to enable the Department of Health to concentrate in
+establishing and maintaining fully equipped medical centers; the institutionalization of a
+dependable two-way referral system from the public health units at the grassroots level
+up to specialty hospitals and vice-versa; and encourage partnership among local
+government units and between local government units and the DOH in establishing
+modem health care delivery facilities. All these things are geared toward the promotion
+and protection of the general health of the Filipino people, which shall ultimately enhance
+the socio-economic conditions of the country.
+
+Considering all the foregoing reasons, the House of Representatives during the
+Twelfth Congress approved this bill, which was originally House Bill No. 1. However,
+due to lack of material time, the Senate failed to act on it. Thus, the need to re-file this
+bill.
+
+The foregoing reasons warrant the immediate passage of this important piece of
+legislation.
+
+N
+ead
+[0 C. MACIAS Il, M.D.
+Representative
+Second District, Negros Oriental
+
+
+
+u
+i)
+3
+14
+1s
+16
+W
+18
+ty
+
+a
+
+2
+4
+2s
+26
+27
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular
+
+HOUSE BILL No. Al
+
+BY REPRESENTATIVE EMILIO C. MACIAS IT
+
+AN ACT PROVIDING FOR THE MODERNIZATION OF THE HEALTH CARE DELIVERY SYSTEM,
+APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
+
+‘Be it enacted by the Senate and Howse of Representatives of the Philippines in Congress assembled:
+
+SECTION 1. Short Title. - This Act shall be known as the “Health Care Delivery Modemization Act of
+2004."
+
+SEC. 2, Declaration of Policy. - It is hereby declared a policy of the State to modemize the heslth care
+delivery system to a level where it can fully and effectively perform its constitutional mandate to protect and
+‘Promote the right to health of the people and instill health consciousness among them. ‘Towards this end, the thrusts
+of this modemization program under this Act shall be the following:
+
+(a) The development of an efficient and effective health care delivery system throughout the country;
+
+() The integration of the promotive, preventive, curative and rehabilitative aspects of health care delivery
+to be under the local chief executive (LCE) whenever appropriate;
+
+(©) The transformation of government hospitals into self-goveming components, together with their
+respective rural health units;
+
+(@ The development of cooperation among the local and national government agencies, members of
+‘Congress and the private sector, including tho civic, religious and nongovernment organizations;
+
+(© The implementation of a residency training and accreditation program and accreditation of private
+specialist practitioners in provincial hospitals and medical centers;
+
+(©) The establishment of a dependable two-way referral system between the public and health worker up to
+the successive higher level of health care stations reaching up to the specialty hospitals and vice versa;
+
+(@) The delineation of specific and specialized functions that will enable the Department of Health (DOH) to
+concentrate its efforts in establishing and maintaining adequately equipped state-of-the-art medical centers at the
+regional level, including those in Metro Manila, and specialty hospitals in the country, including those with original
+charter;
+
+(b) The development of partnership among local government units (LGUs) and between LGUs and the
+DOH in the establishment of health care delivery facilities; and
+
+(® The adoption of a system and procedure by the LGUs and the DOH to attain a maximum level of
+‘tansparency in the procurement of equipment and medicines.
+
+SBC. 3. Statement of Objectives. - The Health Care Delivery Modernization Program, hereinafter referred to
+as the Program, shall be implemented in accordance with the following objectives:
+
+
+
+10
+
+2
+3
+“4
+15
+16
+"7
+1B
+19
+
+a
+
+23
+
+Re
+
+27
+
+29
+30
+31
+32
+33
+34
+38
+36
+37
+38
+39
+40
+4l
+
+2
+
+(a) To modernize the health care delivery by adopting a comprehensive, consistent and systematic approach
+1o health issues and concems which will be complemented by state-of-the-art technology;
+
+(b) To further enhance local autonomy by granting LGUs full powers in the formulation of policies and by
+mandating the DOH to perform its tasks under Section 5 of this Act relative to the operation and maintenance of
+hospitals and public health services under its supervision and control;
+
+(©) To implement « program of extending technological, Financial and administrative assistance to LGUs to
+‘support and improve the provision, and operation and maintenance of health facilities and equipment;
+
+(@ To enhance inter-agency multi-sectoral cooperation;
+
+(©) To enhance the capability of hospitals by requiring the DOH to provide each LGU competem physicians
+‘10 assist the local chief executive as may be appropriate, in the monitoring of health care delivery functions; and
+
+(8) To encourage the employment and retention of doctors in rural areas.
+
+SEC, 4. Definition of Terms. - The following terms used in this Act are defined as follows:
+
+(8) “Health Care Delivery Modernization Program” refers to an integrated approach to health care which as
+detailed under Section 5 hereof shall have the following program components: a delineation of the role of the
+‘LGUs and the DOH, the strengthening of the capabitiy of the provincial hospitals, and the establishment of hospital
+health boards.
+
+(b) “Hospital” refers to a place devoted primarily to the maintenance and operation of facilities for the
+agnosis, treatment and care of individuals suffering from iliness, disease, injury or deformity, or in need of
+obstetrical or other medical and nursing care,
+
+(©) “Primary hospitel” refers to a hospital with capabilities and facilities for providing first contact
+‘emergency care and hospitalization in simple cases,
+
+(@ “Secondary hospital” refers to a hospital which has capabilities and facilities for providing medical care
+to cases requiring hospitalization and the expertise of physicians with training of not less than six (6) months on
+certain specialties
+
+(©) “Tertiary Level I hospital” refers to a hospital which has capabilities for providing medical care to cases
+requiring sophisticated diagnostic and therapeutic equipment and the expertise of trained specialists and sub-
+specialists
+
+(“Tertiary Level It hospital” refers to a departmentalized hospital with teaching and research capabilities
+‘and which have socredited Residency Training Programs in the fields of surgery, pediatrics, medicine, OB-Gyne,
+ENT, orthopedics, anesthesia and other ancillary disciplines. It likewise offers dental services
+
+(@) “Tertiary Levet 111 hospital” refers to a hospital which has been particularly selected to provide tertiary
+hospital services, with teaching, training and research functions,
+
+Gh) “Tertiary Level TV hospital” refers to a tertiary hospital with expensive and sophisticated diagnostic and
+‘therapeutic facilities for a specific modical problem area.
+
+“District hospital” refers to the front-line hospital, which has its own catchment area, and with
+capabilities and facilities for providing secondary medical care to cases requiring hospitalization and the expertise
+of trained doctors.
+
+“Provincial hospital” refers to a central district hospital with its own catchment area which provides at
+least a minimum of Tertiary Level ! hospital care.
+
+(k “Regional hospital” refers to a departmentalized hospital which provides Tertiary Level If hospital care.
+
+“Medical center” refers to a hospital which provides Tertiary Level III hospital care.
+
+
+
+3
+
+(an) “Specialty hospital” refers 10 a hospital which provides services for one particular illness or disease or
+health medical care need, with the highest medical care rendered by medical experts using highly specialized
+equipment for a specific medical problem area. It provides Tertiary Level IV hospital care.
+
+(a) “Competent physician” refers to a licensed medical doctor who possesses both toctmical and managerial
+‘nowledge or expertise in health care.
+
+(0) “Local government units (LGUs)” refer to provinces, cities, municipalities, barangays and other political
+subdivisions es may be created by law.
+
+Sec. 5. Health Care Delivery Modernization Program. ~ in order to meet its objectives, there shall be
+created 2 Health Care Delivery Modemization Program which shall have the following components:
+
+(A) Delineation of the Role of the Local Goverment Units and the Department of Heelth (DOH), ~ The
+‘Leagues of Local Government Units (LGUs) and the Department of Health (DOH) shall support the implementation
+of the Health Care Delivery Modernization Program by performing the mandated tasks herein defined, to wit:
+
+(1) The province shall be responsible for the promotive, preventive, curative and rehabilitative aspects of
+health care delivery except in places where municipal and city hospitals exist, in which case these shall be under the
+responsibility of the LGU concerned. They shall also undertake an annual review of health program in their areas
+of jurisdiction;
+
+‘The Integrated Provincial Health Office (IPHO), with the assistance of the DOH resident consultant, shall
+continue to coordinate with the municipal or city health officer in all activities pertaining to public health at the
+‘municipal or city level
+
+(2) The DOH shail, in addition to the powers vested in it under existing laws, be responsible for the
+following:
+
+(0) Delivery of health care services higher than or more sophisticated than that provided by LGUs;
+
+(b) Provision of competent physicians for each province or qualified cities or municipalities to assist the
+local chief executive, as may be appropriate, in the management and monitoring of devolved health care functions;
+
+(©) Upper tertiary hospital care where the expertise in the different organ specific medical-surgical
+‘specialty is needed;
+
+(@ Operation and maintenance of medical centers, including those in Metro Manila, and specialty hospitals
+‘whose functions are to provide tertiary expertise: Provided however, That a specialty hospital with original chaster
+shall continue to be governed by its own charter;
+
+(© Supervision of the operation of the more sophisticated organ- specific medical centers;
+
+(0) Initiation and assistance in the establishment of a residency training program with the participation of
+the private practicing specialist, as much as practicable, as consultants in each provincial hospital;
+
+(@) Provision of doctors in rural communities under its program of doctors to doctoriess areas, who shall be
+assigned by the regional field units in consultation with the local chief executive, as may be appropriate to qualified
+communities; and
+
+(4) Creation and funding of positions for doctors to doctorless areas including their incentives and benefits,
+in addition to those granted under existing laws, to wit:
+
+(h.1) Free legal representation and consultation services shall be immediately provided by the Public
+Attorney's Office in cases of coercion, interference, and in other civil, criminal and administrative cases filed by or
+‘against such doctors arising out of or in connection with the performance of their duties as such; and
+
+(12) Scholarship benefits in the form of tuition foes in state colleges or universities 10 be granted to their
+legitimate children.
+
+
+
+4
+
+(B) Strengthening the Capability of the Provincial Hospitals. - The provincial hospitals shall be developed
+imo responsive, efficient and modem institutions with the capability 10 handle Tertiary Level I to II hospital care
+Jn pursuance thereof, the following necessary steps shall be undertaken:
+
+(1) The establishment of a residency training program and scquisition of tertiary diagnostic facilities with,
+as much as practicable, the participation of the private sector or private specialist practitioner as consultants in each
+‘provincial hospital subject to the following conditions:
+
+(®) Consultants, who shall be accredited to practice in the hospital, may be entitled to honorarium to be
+determined by the district hospital health board;
+
+(®) Provincial hospital residents participating in the residency training program shall not be permanent
+‘employees but shall be considered employed forthe whole duration of the residency traning period; and
+
+(©) Participants in the residency training program shall be given preference in case of reemployment as
+residents of district hospitals.
+
+2) The Improvement and Upgrading of Provincial and Highly Urbanized City Hospitals, - The DOH shall
+extend technical and financial assistance relating to the establishment of diagnostic centers and acquisition of
+modern and quality equipment to improve the capabilities of the provincial hospitals pursuant to its modernization
+cbjectives: Provided, That the acquisition of new equipment shall be synchronized with the phasing out of obsolete
+‘major equipment and subjected to the laws on public bidding.
+
+{In provinces with @ population of at least one million, and in island provinces as well as in highty urbanized
+cities, the DOH shall establish an extension of the regional medical center in the provincial or city hospital, as the
+case may be, The extension hospital to be established shall have the capability of Tertiary Level Il hospital care:
+Provided, further, That the DOH shall also extend assistance equivalent to the cost of maintenance of equipment
+‘and personnel, and if necessary, the replacement or improvement of equipment in the abovementioned hospitals.
+
+(©) Establishment of Hospital Health Boards. - This component of the Program is geared towards the
+realization of a genuine local autonomy. In furtherance thereof, there shall be established a district hospital health
+board, medical center health board, including those in Metro Manila, and specialty hospital health board: Provided,
+‘however, That there shall also be established hospital health boards in municipalities or cities which have hospitals:
+Provided, further, That specialty hospitals with original charters, namely: National Kidney and Transplant Instinwte,
+‘Lung Center of the Philippines, Philippine Children's Medical Center and Philippine Heart Center, shall continue to
+’be governed by their respective charters.
+
+(1) District Hospital Health Board
+
+(@) Composition - The composition of the district hospital health board shall be as follows:
+
+(1) Chairman: Chief ofthe District Hospital
+
+(a2) Members: representative of the Congressional District for hospitals in his political district; a mayor of
+the catchment ares of the district; member of the sangguniang panlalawigan of the political district; representative
+of the Philippine Hospital Association; represemative of the Philippine Medical Association; representative of
+‘ongoverment organizations involved in health services; representative of the religious sector; and representative
+of the private sector
+
+(a3) The members of the District Hospital Health Board, except the chairman and the representative of the
+‘congressional district, shall be appointed by the provincial governor.
+
+(©) Powers and Functions - The powers and functions of the district hospital health board shall be 2s
+follows:
+
+(b.1) To assist the provincial govemor in the operation and management of the district hospital;
+
+
+
+3
+
+(02) To review and endorse the budgetary requirements of the district health services;
+
+(6.3). To devise a mechanism for internal control;
+
+(b.4) To enhance the participation of LGUs and community involvement in hospital service and public
+health activites;
+
+(b.5) To screen and recommend to the Selection Board the appointment of qualified applicants to fill vacant
+positions inthe rural health units and district hospitals;
+
+(0.6) To be responsible for the recruitment of volunteer barangay health workers who shall be entitled to
+‘monthly honorarium and other benefits as provided for by the law;
+
+(6.1) To deposit, in trust, all the earnings of the district hospital and rural health units derived from whatever
+source with the Provincial Treasurer's Office or with any authorized depository banks;
+
+(6.8) To determine the utilization of the earnings of the hospital and rural health units for the betterment of
+‘hospital and rural health services; and
+
+(b.9) To perform such other functions as may be deemed necessary for the effective management of the rural
+health units and hospitals,
+
+(© Meetings and Quorums -
+
+(C.1) The Board shall meet atleast once a month or as often as may be necessary,
+
+(6.2) A majority of the members of the Board shell constitute a quorum but the chairman must be present
+during meetings where budgetary proposals are prepared or considered. Members thereof who are not government
+officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds
+of the district hospital health board subject tothe accounting and auditing rules and regulations,
+
+(2) Medical Centers and Specialty Hospitals Health Boards
+
+(®) Composition - The composition of the Medical Center and Specialty Hospital Health Boards shall be as
+follows:
+
+(a1) Chairman: Chief of Medical Centers or Specialty Hospitals, as the case may be;
+
+(22) Members: & senator of the Republic; a representative of the Congressional District where the medical
+‘center or specialty hospital is located; a representative of the Philippine Hospital Association; a representative of the
+Philippine Medical Association; a representative of the nongovernment organizations involved in health services; a
+representative ofthe religious sector; and a representative of the private sector.
+
+(a3) The chairman of the Medical Center Hospital Health Board, including those in Metro Manila, and
+Specialty Hospital Health Boards shall serve by operation of this Act without the need of any appointment.
+
+(@4) The chairman of the Senate Committee on Health shall choose ftom among the senators, who shall
+represent the Senate as & member of each of the Medical Center or Specialty Hospital Health Boards.
+
+(a5) The representative from the nongovemmment organizations, religious and the private sector in the
+Medical Center and Specialty Hospital Health Boards shall be appointed by the chairman of the respective health
+Doards
+
+(b) Powers and Functions - The powers and functions of the Medical Center and Specialty Hospital Health
+‘Boards shall, as they are applicable be the following:
+
+(0.1) To assist the Secretary of health, administrator o¢ chairman of the boards of trustees, es the case may
+be, in the operation and management of medical centers and specialty hospitals;
+
+(b.2) To review and endorse the budgetary requirements of the medical centers and specialty hospitals,
+
+(b.3) To devise a mechanism for intemal control;
+
+
+
+6
+
+(b.4) To screen and recommend to the Selection Board the appointment of qualified applicants to fill vacant
+positions in the medical centers and specialty hospitals, as the case may be;
+
+(b.5) To deposit, in trust, all the earnings derived from whatever source with any authorized depository banks
+as part of their General Fund;
+
+(6.6) To determine the utilization of funds of the specialty hospitals or medical centers, as the case may be,
+for the betterment of hospital heslth services; and
+
+(©.7) To perform such other functions es may be deemed necessary for the effective management of the
+medics! centers and specialty hospitals
+
+(© Meetings and Quorums ~
+
+(€.1) The Board shall meet at Yeast once a month or as often as may be necessary.
+
+(©2) A majority of the members of the Board shall constitute a quorum but the chairman must be present
+uring meetings where budgetary proposals are prepared or considered. Members thereof who are not government
+officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds
+of the health boards of the medical center and specialty hospitals subject to the accounting and auditing rules and
+regulations,
+
+(3) Municipality or City Hospital Health Board
+
+(@) Composition - the composition of the Municipal or City Hospital Health Board shall be as follows:
+
+(@.1) Chairman: Chief of the municipality or city hospital
+
+(2.2) Members: Representative of the congressional district for hospitals in his political district; the
+municipal of city mayor of the area where the hospital is located; member of the sangguniang bayan or sangguniang
+panlungsod; a representative of the Philippine Hospital Association a representative of the Philippine Medical
+Association; a representative of nongovernment organizations involved in heath services; a representative of the
+‘religious sector; and, a representative ofthe private sector,
+
+(23) The members of the Municipal or City Hospital Heath Board except the chairman and the
+representative of the congressional district, shall be appointed by the municipal or city mayor, asthe case may be;
+
+(b) Power and Functions ~ The powers and functions of the Municipal or City Hospital Health Board shall
+be as follows:
+
+(b.1) To assist the mayor in the operation and management of the municipal or city hospital;
+
+(©.2) To review and endorse the budgetary requirements of the municipal or city heslth services;
+
+(03) To devise a mechanism for intemal control;
+
+(6.4) To enbence the participation of local government units and community involvement in hospital service
+and public health activites;
+
+(b.5) To screen and recommend to the Selection Board the appointment of qualified applicants to fill vacant
+‘Positions inthe rural health units and municipal or city hospitals;
+
+(0.6) To be responsible for the recruitment of volunteer barangay health workers who shall be entitled to
+‘monthly honorarium and other benefits provided for by the law;
+
+(b.7) To deposi, in trust, all the earnings of the municipal or city hospitals and rural health units derived
+from whatever source with the municipal or city treasurer's office, as the case may be, or with any authorized
+depository banks,
+
+(©.8) To determine the utilization of finds of the hospitals for the betterment of hospitals and rural health
+services; and
+
+
+
+1
+
+(6.9) To perform such other functions as may be deemed necessary for the effective management of the rural
+health units and hospitals,
+
+(©) Meetings and Quorums ~
+
+(€-1) The Board shall meet atleast once a month or as often as may be necessary;
+
+(€2) A majority of the members of the Board shall constitute quorum but the chairman must be present
+during meetings where budgetary proposals are prepared or considered Members therefore who are not
+‘government officials or eruployees shall be entitled to necessary traveling expenses and allowances chargeable
+‘against the funds of the Municipal or City Hospital Health Board subject to the accounting and auditing rules and
+regulations,
+
+Suc. 6. Pertod of Implementation. - The Program shall be implemented over a period of three (3) years
+from the approval of this Act.
+
+‘Sec. 7. Appropriations. ~ The Secretary of Health shall immediately include in the Department's program
+‘the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act,
+
+For the implementation of the devolved health services, the amount necessary shall be taken from the
+Internal Revenue Allotment of the LGU concemed.
+
+Funds may be augmented by grants, donations, endowment from various sources, domestic oc foreign.
+
+Suc, 8. Implementing Rules and Regulations. - The DOH and the Department of the Interior and Local
+Government (DILG) shall, in coordination with the League of Provinces, promulgate the rules and regulations for
+‘the implementation of this Act within sixty (60) days from its publication in two (2) newspapers of general
+circulation,
+
+Sec. 9. Separability Clause. - If, for any reason or reasons, any part or provision of this Act shall be
+declared 10 be unconstitutional or invalid, other pans or provision hereof which are not affected thereby shall
+continue to be in full force and effect.
+
+Sec, 10, Repealing Clause. - All laws, orders, decrees, rules and regulations inconsistent with the
+provisions of this Act are hereby repealed or modified accordingly.
+
+Sec. LL. Effectivity. This Act shall take effect upon its approval
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00042.txt

@@ -0,0 +1,486 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNo.__42
+
+Introduced by: Ht
+
+EMILIO C. MACTAS IT
+
+EXPLANATORY NOTE
+
+The Constitution, in Article II, Section 15, declares that the State shall protect and
+promote the right to health of the people and instill consciousness among them. Towards
+this end, the State shall endeavor to enhance the accessibility of quality health care
+services by encouraging the establishment and growth of Health Maintenance
+Organizations (HMOs) in the Philippines.
+
+In pursuance with this explicit constitutional mandate, this bill proposes to grant
+Health Maintenance Organizations reasonable incentives to encourage the participation
+of the private sector in the government’s endeavor to make health care available to all. It
+also seeks to establish the operating guidelines for HMOs to rectify the gross inequality
+of bargaining power that currently characterizes the HMO relationship with its members
+and health care providers. Such adverse situation has resulted in the following:
+
+1) Buyers of Health Insurance (members) left without any insurance
+coverage after the HMO simply closes down;
+
+2) Members unable to avail of any health benefits if their physician of choice
+is a non-participating provider;
+
+3) Members unable to contest health coverage denials;
+
+4) Members” access to specialist and emergency services restricted;
+
+5) Doctors unable to demand prompt compensation;
+
+6) Doctors compelled to accept compensation rates of 1988;
+
+7) Doctors’ medical decisions heavily influenced or overruled by HMO
+
+bureaucrats.
+
+
+
+It is thus clear from the foregoing that this proposed measure also intends to
+equalize the bargaining power of the components in managed care if only to avoid the
+imposition of harsh unconscionable terms arising out of such inequity.
+
+It is important to note that this measure, once approved, will greatly benefit both
+the patients and the doctors as it will confer basic patients’ rights to HMO members and
+will create an environment where professional integrity of physicians will not be strained
+
+or jeopardized.
+
+Moreover, for the protection of the HMO members and health care providers, the
+establishment and operations of the Health Maintenance Organizations (HMOs) shall be
+regulated and shall be under the supervision of the Insurance Commission.
+
+In view of the foregoing, the immediate ay f this bill is earnestly urged.
+
+Representative
+econd District, Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL No. 42
+
+Introduced by: HON. EMILIO C. MACIAS II
+
+AN ACT
+REGULATING THE ESTABLISHMENT AND OPERATIONS OF HEALTH
+MAINTENANCE ORGANIZATIONS (HMOs), PROVIDING THEM
+INCENTIVES AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and the House of Representatives of the
+Philippines in Congress assembled:
+
+SECTION 1. Short Title. - This Act shall be known as the “Health Maintenance
+Organizations Act of 2004”.
+
+SEC. 2 Statement of Policy. - It is hereby declared the policy of the State to
+protect and promote the right to health of the people and instill health consciousness
+among them. Pursuant to this policy, the government shall encourage the establishment
+and favorable operation of Health Maintenance Organizations (HMOs) by granting
+teasonable incentives to enhance accessibility to quality health care services through
+affordable health insurance policies.
+
+SEC. 3. Objectives. - In line with the above policy, this Act seeks to:
+
+a) Recognize HMOs as unique health care insurance entities that
+combine the financing, management and coordination of health
+services and to encourage their growth by granting them reasonable
+incentives.
+
+b) Establish the regulatory framework for HMOs.
+
+©) Recognize and protect the rights of HMOs, health care providers and
+members.
+
+4d) Advance health consciousness among out people by promoting greater
+accessibility to quality health care through affordable health insurance
+
+
+
+SEC. 4. Definitions. - When used in this Act, the following terms shall mean
+
+a) Health Maintenance Organization - an insurance company organized
+in accordance with the provisions of the Corporation Code of the
+Philippines that sells fixed pre-paid health insurance policies as
+defined in paragraph (j) of this section to the public. It coordinates the
+delivery of pre-agreed or designated health care services to its
+members through a network of health care providers for a fixed
+periodic fee and for a specified period of time. Through managed care,
+it influences the utilization and costs of health services with the end to
+make beneficial, effective, and/or necessary quality health care
+affordable to the public,
+
+The HMO shall possess the following functional characteristics:
+
+1) It uses an organized system called and managed care to
+coordinate the delivery of health services to its members
+through health care providers in a defined geographical area,
+
+2) It contracts the services of health care providers to deliver
+health care services to its enrollees and/or their dependents as
+their agreement may stipulate;
+
+3) It has an enrolled group of individuals paying a fixed periodic
+fee.
+
+b) Actuary - a statistician with the necessary training, qualification
+and experience and a fellow of the Actuarial Society of the
+Philippines. He shall, among others, compute rates for health care
+plans on the basis ‘of experience tables and determine the financial
+soundness of health care agreements and operations of HMOs;
+
+¢) Co-Payment - a charge which may be collected directly by a health
+care provider from a member in accordance with the member's
+health care policy;
+
+
+4) Claim - a statement of services submitted to an HMO by a health
+
+care provider following the provision of Covered Services to a
+
+member that shall include diagnosis or diagnoses and itemization
+
+of services and treatment provided to the member;
+
+Covered Services/Coverage - health care services to be delivered
+
+by a health care provider to a member as provided for in a heaith
+
+care policy;
+
+) Deductible - the amount a member pays out-of-pocket before the
+HMO begins to pay the cost associated with treatment;
+
+g) Health Care Provider - a health professional such as physician,
+dentist, nurse, midwife, health care professional group and
+hospitals, duly licensed by the proper government agency to
+provide active health care services;
+
+h) Health Care Provider Contract - a contract between an HMO and a
+health care provider for the latter to deliver or provide health care
+services to members of the former. It includes a schedule of
+Covered Services and compensations and specifies all other terms,
+conditions, limitations, exclusions, benefits, rights and obligations
+thereof to which the HMO and health care provider are subject.
+
+i) Health Care Policy - an insurance policy comprising an individual
+set of health service detivery and compensation procedures offered
+as a Managed Care product of an HMO to its members. It specifies
+Covered Services and all other terms, conditions, limitations,
+exclusions, benefits, rights and obligations thereof to which the
+HMO and members are subject. It may be in the form of a
+‘Comprehensive HMO Policy, Preferred Provider Policy, Managed
+Indemnity, Self-Insured Policy or Third Party Administration
+Policy.
+
+°)
+
+i) Managed Care - a complex system that involves the active
+coordination of, and the arrangement for, the provision of health
+services and coverage of health benefits. It involves oversight of
+the delivery of health care services, contractual relationships and
+organization of the providers giving care, and the covered benefits
+tied to managed care rules;
+
+
+
+k) Medically Necessary Services - refer to health care services that a
+reasonably prudent physician would deem necessary for the
+diagnosis or treatment of illness or injury or to improve the
+functioning of a malformed body part of a member;
+
+1) Member - an insured individual or a part of a group or an
+employee of a corporation and his dependents, who entered into a
+contract of health insurance with an HMO;
+
+m) Enrollment Fee - the amount of money paid to an HMO by an
+individual member, group or corporation on behalf of its
+employees and the latter’s dependents, in payment for a pre-agreed
+set of health services, for a specific period of time,
+
+n) Participating Provider - a health care provider, who, under a Health
+Care Provider Contract, has agreed to provide health care services
+to the HMO members, with the right to payment, other than co-
+payment or deductible directly or indirectly from the HMO.
+
+SEC. 5. Health Care Incentives. - To tap and encourage private sector
+participation in the government's thrust to make health services accessible to the low
+income sectors of the population through affordable enrollment fees, HMOs shall be
+granted the following incentives:
+
+1) Fifty percent (50%) reduction of customs duties for importation of
+medical equipment to be used in health care services of HMOs:
+Provided, That, such equipment shall be used exclusively by the HMO
+and not for resale;
+
+2) Exemption from percentage tax, documentary stamp tax and value
+added tax on all health care agreements;
+
+3) The cost of HMO membership fees that corporations or employers pay
+for their employees shall be deductible from the taxable income of said
+employers;
+
+4) Such other incentives that the Insurance Commission may deem
+proper to recommend, subject to the concurrence of the Department of
+Finance and approved by the President of the Philippines.
+
+
+SEC. 6, Registration. - An HMO shall be legally organized as a juridical person
+and shall be registered with the Securities and Exchange Commission, hereinafter
+referred to as the SEC.
+
+SEC. 7, Licensure. - The Insurance Commission, hereinafter referred to as the
+Commission, shall supervise and regulate the operations of all HMOs and all other
+entities that possess the functional characteristics of HMOs, except the Philippine Health
+Insurance Corporation (PHIC). After registering with the SEC, said entities shall secure a
+license to operate as an HMO from the Commission. All HMOs existing at the time of
+effectivity of this Act shall likewise secure a license to operate from the Commission.
+
+The Commission shall, upon receipt of a completed application for a license to
+operate, provide a sixty (60) day period for public comment. As soon as the period has
+lapsed and after thorough review, it shall either approve or disapprove the application. In
+case the application is not approved, the reasons therefor shall immediately be known to
+the applicant. The license to operate granted under this Act shall be effective for one (1)
+year, subject to renewal by the Commission.
+
+SEC. 8. Licensure Requirements. - The Insurance Commission and the
+Department of Health shall prescribe the requirements for licensure and renewal of
+license of HMOs based on the provisions of Section 7 of this Act. The requirements shall
+include but not limited to:
+
+a) The minimum authorized and paid up capitalization;
+
+b) Financial Statement/projections for new HMOs;
+
+c) Annual Reports for existing HMOs;
+
+4) Data on membership enrollment,
+
+©) Geographical area operation;
+
+f) Health policies being offered;
+
+g) Arrangements for ensuring the payment of the cost of health care services or
+
+the provision for automatic applicability of an alternative coverage in the
+event of discontinuance of the Health Maintenance Organization;
+
+h) Any deposit of cash, or guaranty or minimum restricted reserves which the
+Commissioner, by regulation may adopt to assure that the obligations to
+subscribers and providers will be performed;
+
+i) Philippine Health Insurance Corporation (PHIC) Accreditation;
+
+
+
+j) Department of Health HMO Accreditation - The Department of Health
+shall accredit HMOs after the Secretary has determined that the
+applicant:
+
+‘A. Guarantees its members fundamental patient’s rights, to include
+among others:
+
+1) Patient’s right to choose physician or health facility - AU
+members in HMOs shall be offered an out-of-network option
+that will enable them to obtain, even at the member’s
+additional expense care from a health provider outside the
+HMOs’ network of participating providers. Such out-of-
+network health providers shall have the right to HMO
+compensation, other than co-payment or deductible directly or
+indirectly from the HMO;
+
+2) Patient's right to see a specialist - All health policies must
+guarantee direct access to an obstetrician/gynecologist for
+women and access to a pediatrician for children as their
+Primary physician;
+
+3)
+
+Patient’s right to emergency care - A member who reasonably
+believes that he is suffering from am emergency condition has
+the right to seek emergency care from the nearest emergency
+department without first pre-authorizing or pre-certifying the
+care with their HMO;
+
+4)
+
+Patient's right to Grievance and external review program -
+Members of an HMO shall be granted the right to dispute
+coverage denials on the basis of “medically necessary”
+decisions before an independent Review Committee as
+provided for in Section 10 hereof.
+
+
+B. Guarantees in Health Care Providers:
+
+1) Physician's/Dentist’s full freedom to manage and treat
+‘patients in accordance with the prevailing standard of care
+- Permitting arbitrary health policy definitions of
+“medically necessary” to control all coverage
+determinations and allowing HMO bureaucrats, rather than
+properly qualified licensed physicians/dentists to. make
+“qnedically necessary” decisions shall be made by
+physicians/dentists in accordance with generally accepted
+standards of medical/dental practice that a prudent
+physician/dentist will make;
+
+2) Prompt and just compensation - Health care providers shall
+be paid their just professional/facility fees within thirty (30)
+days from receipt of the latter’s written or electronic claim.
+In the event that such claim is not approved, the reasons
+therefor shall be made known to the provider within seven
+(7) days after receipt of such written or electronic claim.
+Disputes may then be addressed to the Insurance
+Commission for arbitration as provided for in Section 10
+hereof, HMOs that do not pay clean claims within the thirty
+(30) day window may be liable for suspension of its license
+to operate and additionally will be required to pay interest
+at a rate to be determined by the Insurance Commission.
+Professional fees must be in accordance with the Philippine
+Medical Association’s/Philippine Dental Association’s
+latest schedule of fees and latest Relative Unit Values
+(RUV) prevailing upon the effectivity date of the contract.
+
+C. Has a network of qualified and duly licensed health providers.
+
+SEC. 9, Actuaries/Financial Consultants. - To protect the potential and enrolled
+members of the HMOs, the Commission shall ensure that HMOs adhere to actuarially
+sound practices and possess financial capabilities to render the services stipulated in their
+agreements.
+
+
+To achieve these objectives, the Commission shall engage the services of
+actuaries and/or financial consultants to analyze the financial status and the actuarial
+soundness of the HMO practices prior to issuance or renewal of licenses. For this
+purpose, the Commission shall require from HMOs such additional data and reports it
+deems necessary: Provided, That, such data and reports are certified by either an actuary,
+financial consultant or external auditor.
+
+SEC. 10. Arbitration and Review. - HMOs shall provide an internal mechanism
+where disputes between parties to a Health Care Policy or parties to a Health Care
+Provider Contract may be resolved in an expeditious manner. In the event that the dispute
+is unresolved, a member, health provider or an HMO may elevate the case directly to the
+Commission for binding arbitration. However, if the Commission determines the conflict
+to be medical in nature or requiring a review of medically necessary decisions, the case
+shall be referred to an HMO Medical Review Committee to be constituted by the DOH
+for judgement. The HMO Medical Review Committee shall ensure that reviews of
+medically necessary decisions must be made only by truly independent licensed
+physicians familiar with the medical condition or treatment in question and of the same
+specialty as the treating physician. Such complaints or disputes shall be decided upon
+within thirty (30) days and the decision shall be final and executory. All other complaints
+that remain with the Insurance Commission for arbitration shall be decided upon within
+sixty (60) days. The decision of the Commission shall be final and executory, appealable
+to the Supreme Court only on question of law.
+
+SEC. 11. Grounds for Suspension of License. - The license to operate issued to
+HMOs may be suspended by the Commission on the following grounds:
+
+a) When, based on financial reports, continued operation of the HMO business is
+no longer financially sound;
+
+b) When agreements with members are not honored;
+
+c) When contracts with health care providers, including but not limited to prompt
+and just compensation for health services rendered or violated;
+
+d) When the statements in the application for license or renewal thereof are
+found to be false, misleading, inadequate or incomplete such that the
+Commission cannot ascertain the true status from such statement, sufficient to
+arrive at an honest appraisal of the true capability of the HMO;
+
+
+e) When the decision of the Commission on cases for arbitration is not honored
+by an HMO;
+
+f) When the decision of the HMO Review Committee is not honored by an
+HMO;
+
+g) When an HMO continuously violates the rules and regulations issued by the
+Commission and the Department of Health pursuant to Section 18 of this Act;
+
+SEC. 12. Grounds for Revocation of License. - The Commission shall revoke the
+license of any Health Maintenance Organization on the following grounds:
+
+8) Repeated violations of this Act by an HMO;
+
+b) Repeated suspension of HMO license;
+
+©) Impairment of the status of the HMO, as may be determined by the Insurance
+Commission during suspension based on paragraph (a) of Section 11 hereof,
+after a fair appraisal by impartial actuaries and financial consultants, such that
+even if allowed to continue to operate, it can no longer provide the services it
+assumed under the agreement with its members.
+
+SEC. 13. Administrative Sanctions. - The following administrative sanctions are
+hereby imposed for violations that do not warrant suspension or revocation of license:
+
+1) A fine of ten thousand pesos (P10,000.00) for the first violation of the
+provision of this Act, Twenty thousand pesos (P20,000,00) for the second, and
+thirty thousand pesos (P30,000.00) for the third violation. The provision of
+Section 11 shall apply for the fourth violation of this Act;
+
+2) A fine of fifty thousand pesos (P50,000.00) every time the license of the
+HMO is suspended: Provided, That, payment of this fine shail not absolve the
+HMO from its obligations under the agreement;
+
+3) An order to freeze the assets and funds of the HMO suspended or revoked for
+the protection of investors, providers and members.
+
+‘The Commission shall retain the amount that may be collected as fines for its use
+in the information dissemination mentioned-in the immediately succeeding section,
+Provided, That, a separate account be maintained by the Commission for such purpose.
+
+
+SEC. 14 Publication, - The Commission shall periodically publish in a
+newspaper of general circulation the following:
+
+1) List of duly licensed HMOs in good standing,
+
+2) Suspension and/or revocation of the license of HMOs, copies of which shall
+be furnished to associations of the medical/dental profession, hospitals and
+employers who shall inform their members accordingly.
+
+SEC. 15. Existing HMOs. - All exisiting Health Maintenance Organizations duly
+registered with the Securities and Exchange Commission and have been in operation
+prior to the effectivity of this Act shall continue to operate: Provided, That, they shall
+apply for a new license with the Commission within one (1) year from the effectivity of
+this Act.
+
+SEC. 16. New License. - The Commission shall grant the above HMOs their new
+licenses in accordance with this Act: Provided, however, That existing agreements,
+rights and obligations derived therefrom shall be respected: Provided, further, that the
+HMOs comply with the licensing requirements within one (1) year.
+
+SEC. 17. Implementing Rules and Guidelines, - The Insurance Commission and
+the Department of Health shall promulgate the rules and regulations necessary to
+implement this Act within ninety (90) days from its approval. Such rules and regulations
+shall be furnished to HMOs and shall take effect upon publication in a newspaper of
+goncral circulation,
+
+SEC. 18. Separability Clause. - If any provision of this Act is declared
+unconstitutional or invalid, the other provisions not affected by such declaration shall
+remain in full force and effect.
+
+SEC. 19. Repealing Clause. - All laws, decrees, ordinances, rules and regulations,
+executive or administrative orders or parts thereof inconsistent with this Act are hereby
+repealed, amended or modified accordingly.
+
+SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days following its
+publication in at least two (2) newspapers of generat circulation.
+
+Approved.

data/document/hb/13/00001-01000/HB-00043.txt

@@ -0,0 +1,110 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 43
+
+Introduced by: REPRESENTATIVE EMILIO C. MACIAS IL
+
+4 EXPLANATORY NOTE
+
+Section 25, Article II of the Constitution provides that “the State shall ensure the
+autonomy of local governments”. This expressed Constitutional mandate effectively
+served as a guiding principle for the framers of Republic Act No. 7160 otherwise known
+as the Local Government Code of 1991, which devolved basic services and facilities to
+local government units. Everybody agrees that the devolution of health functions and
+facilities considered as the most meaningful features under the Local Government
+Code. Tt A fpre expected that more money shall be infused by the national
+governme: health care function considering its grave importance as manifested in
+Section 15, Article II of the Constitution provides that “the State shall protect and
+promote the right to health of the people and instill health consciousness among them.”
+‘Notwithstanding this mandate however, governors often complain of inadequate funding
+from the national government for such devolved functions, especially health services and
+facilities. This situation has been aggravated by the fact that the cost of devolved
+functions (CODEF) remains at 1993 level or value, which make them really hard to cope
+up or maintain health care functions under the present level or value.
+
+Some members of Congress observed that quite a large number of governors do
+not give so much attention to health care delivery services as can be gleaned from the
+lack of priority in the allocation of funds for such services. But this problem can be
+avoided if the just share of local government units in national internal revenue taxes are
+given to them like the Value Added Tax (VAT) collection made by the Bureau of
+Customs(BOC) on behalf of the Bureau of Internal Revenue (BIR) pursuant to a
+Memorandum of Agreement entered into by and between these agencies,
+
+
+It is worthy to mention that for Calendar Year 2001, the Bureau of Customs
+collected a whopping amount of Forty Seven Billion Two Hundred Forty Nine Million
+Three Hundred Ninety Four Thousand and One Hundred Fifty Four Pesos (P47,
+2A9,394,154,00) from the Value Added Tax alone. By intentionally excluding this
+amount in the computation of the share in the national internal revenue taxes’ collections,
+local government units were shortchanged by Eighteen Billion Eight Hundred Ninety
+Nine Million Seven Hundred Fifty Seven Thousand Six Hundred Sixty One and Sixty
+Pesos (P18,899, 757,661.60), the amount equivalent of 40% share of local government
+unit, which could be translated to two hundred fifty pesos (P250.00) for every Filipino.
+
+It is therefore the intention of this measure to rectify this glaring error, if not a
+flagrant violation of the law, by explicitly mandating the national government agencies
+concemed to set aside the forty percent (40%) share of local government units in the
+VAT collected by the BOC for the BIR to be distributed equitably to provinces and
+highly urbanized cities, with devolved health care functions and facilities, according to
+population in their respective territorial jurisdiction. The primary objective is to augment
+the funding exclusively for health care services of provinces and highly urbanized cities,
+which both absorbed the bulk of devolved health care functions and facilities. It must be
+clarified that population of each province or highly urbanized city shall be the sole basis
+in determining the allocation of their shares.
+
+Let us remember that the promotion of health is always an urgent business of
+society because it is not only the very foundation of an active and useful life but also the
+right of every Filipino,
+
+In view of the foregoing reasons, the immediate approval of this important piece
+of legislation is earnestly sought.
+
+C. MACIAS Il, M.D.
+
+2™ Dist., Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.__ 43
+
+INTRODUCED BY: REPRESENTATIVE, EMILIO C. MACIAS II
+
+AN ACT
+TO SET ASIDE THE FORTY PERCENT (40%) SHARE OF LOCAL
+GOVERNMENT UNITS FROM THE VALUE ADDED TAX (VAT) COLLECTED
+BY THE BUREAU OF CUSTOMS FOR THE BUREAU OF INTERNAL
+REVENUE TO AUGMENT THE FUNDING EXCLUSIVELY FOR BASIC
+HEALTH CARE SERVICES AND FACILITIES DEVOLVED TO PROVINCES
+AND HIGHLY URBANIZED CITIES
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. There shall be set aside an amount equivalent to forty percent
+(40%) of the total Value Added Tax (VAT) collected by the Bureau of Customs for the
+Bureau of Internal Revenue to augment the funding exclusively for basic health care
+services and facilities devolved to provinces and highly urbanized cities.
+
+SEC. 2. The share of each province or highly urbanized city, with devolved health
+care services and facilities, shall be distributed equitably on the basis of population
+within its territorial jurisdiction.
+
+SEC. 3. The Department of Budget and Management and the Department of
+Interior and Local Government, in coordination with the Leagues of Provinces and Cities,
+shall promulgate the necessary rules and regulations to implement the provisions of this
+Act.
+
+SEC. 4. This Act shall take effect upon its approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00044.txt

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 4 4
+
+Introduced By: REPRESENTATIVE EMILIO C. MACIAS i
+
+EXPLANATORY NOTE
+
+The Local Government Code, in pursuance of an explicit Constitutional mandate,
+prohibits local elective officials to serve for more than three (3) consecutive terms.
+However, this express mandate providing for term limits may be considered vague and therefore
+susceptible to various interpretations when the issue of succession is brought to the fore.
+
+Section 44 of the Local Government Code delineates the line succession in case of
+vacancy in the offices of the govemor or mayor, the vice-goverior or vicemayor and the
+sanggunian member. It is however, silent as to whether the official, who is next in the line of
+succession, can fill the very same vacant position he is prohibited by law to serve beyond three
+(G) consecutive term limits. This situation may sow confusion if not chaos in some areas where
+intense political rivalry is prevailing among opposing camps.
+
+‘This bill seeks to amend the aforementioned provision in the Local Government Code to
+provide a crystal clear mandate on succession. This is to avert « possible scenatio wherein the
+govemor or mayor, after completing three (3) consecutive terms, will support a next of kin or a
+protégé and settle for the second top post in the hope of regaining his old tat via the back door
+through succession circumventing in the process the Constitutional mandate on term limits.
+
+Considering the political practices of some politicians in the Philippines, there is a great
+possibility that should the next of kin or protégé of the governor or mayor win the elections with
+them, the said next of kin or protégé may yield the post either to honor the previous agreement, to
+suecumb to pressure or worst, their political patron may initiate recall proceedings just to create a
+vacancy to serve their personal ends.
+
+‘The House of Representatives of the Twelfth Congress had stamped its approval on this
+Dill, However, for lack of material t ‘Senate failed to act on this measure.
+
+repr
+2™ Dist., Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 4 4
+
+Introduced by: REPRESENTATIVE EMILIO C. MACIAS I
+
+AN ACT
+PROHIBITING CERTAIN LOCAL OFFICIALS TO FILL THE VACANCY IN
+THE OFFICES OF THE GOVERNOR OR MAYOR AND VICE-GOVERNOR OR
+VICE-MAYOR, AMENDING FOR THE PURPOSE SECTION 44 OF REPUBLIC
+ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE
+OF 1991
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Section 44 of Republic Act No. 7160 otherwise known as the Locat
+Government Code of 1991 is hereby amended to read as follows:
+
+“SEC. 44. Permanent Vacancies in the Offices of the
+Governor, Vice-Governor, Mayor and Vice-Mayor. - (a) If a
+permanent vacancy occurs in the office of the governor or mayor, the
+vice-governor or vice-mayor concemed shall become the governor or
+mayor. If @ permanent vacancy occurs in the offices of the governor,
+vice-govenor, mayor or vice-mayor, the highest ranking sanggunian
+member or, in case of his permanent disability, the second highest
+ranking sanggunian member, shall become the governor, vice-govemnor,
+mayor or vice-mayor, as the case maybe.
+
+PROVIDED, HOWEVER, THAT IN NO CASE SHALL,
+THE ELECTED LOCAL OFFICIAL CONCERNED, WHO IS
+DISQUALIFIED BY LAW TO SERVE DURING THE
+PROHIBITIVE TERM, BE ALLOWED TO SUCCEED UNDER
+THIS SECTION. Subsequent vacancies in the said office shall be
+filled automatically by other sanggunian members according to their
+ranking as defined herein.
+
+(b) If a permanent vacancy occurs in the office of the punong
+barangay, the highest ranking sanggunian barangay member or, in case
+of his permanent disability, the second highest ranking sanggunian
+member, shall become the punong barangay.
+
+(©) A tie between or among the highest ranking sanggunian
+members shall be resolved by the drawing of lots.
+
+(d) The successors as defined herein shall serve only the
+unexpired terms of their predecessors.
+
+
+AS USED IN THIS ACT, THE TERM “PROHIBITIVE
+TERM” SHALL MEAN THE TERM OF OFFICE
+IMMEDIATELY AFTER THE THIRD CONSECUTIVE TERM.
+
+For purposes of this Chapter, a permanent vacancy arises when
+an elective local official fills a higher vacant office, refuses to assume
+office, fails to qualify, dies, is removed from office, voluntarily resigns,
+or is otherwise permanently incapacitated to discharge the functions of
+his office.
+
+For purposes of succession as provided in this Chapter, ranking
+in the sanggunian shall be determined on the basis of the proportion of
+votes obtained by each winning candidate to the total number of
+registered voters in each district in the immediately preceding local
+election.”
+
+SEC. 2, This Act shall take effect upon its approval.
+Approved,

data/document/hb/13/00001-01000/HB-00045.txt

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.__45.
+
+Introduced By: HON. EMILIO C. MACIAS IT
+
+EXPLANATORY NOTE
+
+The severe lack of affordable housing in the Philippines greatly contributed to the
+proliferation of squatters in the urban areas, particularly in Metro Manila. The squatting problem
+‘was considered one of our major problems that the Marcos regime issued Presidential Decree No.
+772, which made squatting unlawful, However, notwithstanding the existence of the Anti-
+Squatting Law, the problem on squatting continued. It is thus quite perplexing that even before
+giving protection to the legitimate landowners, Republic Act No. 7279 otherwise known as the
+Urban Development and Housing Act of 1992 was passed discouraging the eviction and
+demolition of illegal dwellings. RA 7279 also mandates the local government units, in
+coordination with national housing agencies, to provide squatters adequate relocation and
+financial assistance should relocation not be possible within a specific period. It also prohibits the
+construction of illegal dwellings but this provision would simply become a writing on the wall
+‘because Republic Act No. 8386 decriminalized squatting giving formidable strength to squatters’
+rights.
+
+‘The noble objectives of these social legislations are primarily to protect the rights of the
+underprivileged and homeless citizens but no protection has been granted to legitimate land
+titlebolders, who are continuously assessed with taxes to the land illegally occupied by others.
+Under the prevailing situation, while the squatters continue to reap the benefits of the land they
+illegaily occupy, the legitimate landowners are being deprived of their rights to improve, utilize
+or cultivate their own land for any productive undertakings. The issue of relocating or resettling
+the squatters has become a dilemma either due to inadequacy of funds or relocation sites, or plain
+lack of political will on the part of the government officials concerned.
+
+This bill seeks to provide a mandatory period in the relocation of squatters and to grant
+tax exemption to illegally occupied residential lands. It also seeks to compensate the landowners
+in case of failure of the local government unit concemed to act on the request for assistance to
+evict illegal occupants within the prescribed period. The foremost intention of this measure is to
+provide equal protection to the squatters and to the landowners. Thi measure will not only give
+full meaning to the noble objectives of RA 7279 but will also minimize, if not totally eliminate
+squatting because local government units will be compelled to monitor vacant lands to prevent
+trespassers from constructing illegal structures within their respective localities.
+
+The foregoing reasons warrant the immediate approval of this bill.
+
+a, 2
+Cn L£—
+10 C. MACIAS If, M.D.
+
+Representative
+econd District, Negros Oriental
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 45
+
+Introduced by: HON. EMILIO C. MACIAS If
+
+AN ACT
+PROVIDING FOR A MANDATORY PERIOD TO RELOCATE SQUATTERS,
+GRANTING DISTURBANCE FEE AND TAX EXEMPTION TO OWNER OF
+ILLEGALLY OCCUPIED RESIDENTIAL LAND, AND PENALIZING
+VIOLATION THEREFOR
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Short Title.- This Act shall be known as the “Landowners
+Protection Act of 2004.”
+
+SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the State
+to afford protection and to promote full respect for property rights of every citizen to
+ensure optimum utilization of one’s property free from any obstacle.
+
+SEC. 3. Definition. — As used in this Act, the term “squatter” shall refer to any
+person who occupies residential land without the consent of the landowner. .
+
+SEC. 4. Relocation; Disturbance fee The local government unit shall, in
+coordination with the Housing and Urban Coordinating Council and the National
+Housing Authority, be responsible for the relocation of squatters within six (6) months
+from receipt of the written request for assistance to evict squatters from the landowner.
+
+Provided, however, That, should relocation not be effected, the local government
+unit concerned shall pay the landowner a disturbance fee equivalent to the tax due of the
+illegally occupied land until the squatters have been relocated.
+
+Provided, further, That, payment of the disturbance fee shall commence one (1)
+year after the prescribed period to relocate had lapsed.
+
+SEC. 5. Tax Exempt. - All residential lands illegally occupied shall be exempt
+from taxation during the period of occupancy. Provided, That, tax exemption under this
+Section, shall commence sixty (60) days after presentation of the written request for
+assistance to evict squatters.
+
+
+SEC. 8. Tax Exempt, - All residential lands illegally occupied shall be exempt
+from taxation during the period of occupancy. Provided, That, tax exemption under this
+Section, shall commence sixty (60) days after presentation of the writes Tequest for
+assistance to evict squatters,
+
+SEC. 6. Fines and Penalties. - Any person found guilty of violating the
+Provision of this Act shall suffer the penalty of imprisonment not tore then thee: @Q)
+Years or a fine of Fifly Thousand Pesos (PS0,000.00), or both, at the discretion of the
+
+‘The Chief Executive and Punong Barangay, who fail to prevent the construction
+of any kind of ilegal dwelling unit or structure in privately owned residential lend within
+their jurisdiction shall face suspension for a period of six (6) months and penal sanctions
+provided under this Section.
+
+SEC. 7. Rules and Regulations. The Department of Interior and Local
+Government, in coordination with the national Housing Authority, shall issue the
+implementing rules and regulations within sixty (60) days upon approval of this Avr
+
+SEC. 8. Effectivity. This Act shall take effect upon its approval.
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00046.txt

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS:
+First Regular Session
+
+HOUSE BILLNo.__ 46
+
+Introduced by: HON, EMILIO C. MACIAS IL
+
+EXPLANATORY NOTE
+
+This bill seeks to abolish the imposition of death penalty in the Philippines.
+
+The Philippines, being predominantly a Christian country, should set the example
+and be the first one to respect the sanctity of life. Afterall, the majority of the civilized
+nations have adopted the view that the State possesses no right to take away life. It is also
+necessary to consider that there are cases where death convicts were later found 10 be
+innocent. These cases happened and may still happen because some of the accused cannot
+afford to hire the services of a competent lawyer who can defend and prove their
+innocence in court because of poverty. The harshness of the penalty therefore may not
+spare even the life of the innocents. The countless people, who are wielding authority and
+influence in the government must think that criminals are not born. They are made by
+society. Since society, in some measure, is responsible for the criminal’s misfortune, itis
+therefore, unfair that society itself will exact his life.
+
+It is noteworthy that governments after governments in Western Europe abolished
+the death penalty even for serious offenses. France, for example, abolished the death
+penalty in the 1980's and retired its two (2) guillotines after 189 years of usage.
+
+‘The imposition of death penalty can be traced to the ancient principle of lex
+taliones, which derived from the Mosaic Law. This principle assumed that crime can be
+discouraged by harsh punishment embodied in the tradition of retribution or “an eye for
+an eye, @ tooth for a tooth”. Scientific evidence however, shows that death penalty has
+not been instrumental in preventing crime. In fact, in the Philippines, the number of death
+sow inmates continues to grow despite the execution of several death convicts already,
+Even then President Estrada, a staunch advocate of death penalty, in a surprising turn-
+around last year, not only commuted the death sentences of 105 convicts but also urged
+Congress to repeal the death penalty''law. Likewise, President Macapagal-Arroyo
+declared a moratorium on the execution of death convicts making the death penalty law a
+useless or dead law. These political developments therefore, call for the abolition of death
+penalty.
+
+
+It is noteworthy to cite the view advanced by a famous English Philosopher of the
+17* Century, Jeremy Bentham, the founder of the Utilitarianism Theory, who said:
+
+“Punishment by death cannot be converted into
+profit: It offers no compensation to the injured party. It
+even destroys the possibility of it. The offenders by his
+labour might repair in some measures the mischief he has
+done, His death makes no reparation to anyone.”
+
+Former Attomey General Ramsey Clark of the United States stamped his
+
+disapproval of death penalty by echoing the view adopted by Bentham. Attomey General
+Clark, in his own words, said:
+
+“Our emotions cry for vengeance in the wake of a
+horrible crime, but we know that killing the criminal
+cannot undo the crime, will not prevent similar crimes by
+others, does not benefit the victim, destroys human life
+and brutalizes society. If we are to sitll violence, we must
+cherish life,”
+
+In view of the foregoing reasons, the approval of this bill is earnestly sought.
+
+2
+
+7 a
+
+10 C. MACIAS II M.D.
+tative
+
+Represent
+md District, Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+46
+
+HOUSE BILL No. _
+
+Introduced by: HON. EMILIO C. MACIAS I
+
+AN ACT
+ABOLISHING THE DEATH PENALTY REPEALING FOR THE PURPOSE
+REPUBLIC ACT No. 7659 ENTITLED, “AN ACT TO IMPOSE THE DEATH
+PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THE
+PURPOSE THE REVISED PENAL CODE, AS AMENDED, OTHER SPECIAL
+PENAL LAWS, AND FOR OTHER PURPOSES”
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. The death penalty is hereby abolished.
+Any death penalty already imposed shall be reduced to reclusion
+perpetua.
+
+SEC, 2, Republic Act No. 7659, as amended, and all other laws inconsistent with
+this Act are hereby repealed.
+
+SEC. 3. This Act shall take effect upon its approval
+
+Approved,

data/document/hb/13/00001-01000/HB-00047.txt

@@ -0,0 +1,109 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+‘Quezon City
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.__ 47
+
+Introduced by: REPRESENTATIVE EMILIO C. MACIAS IL
+
+EXPLANATORY NOTE
+
+This bill seeks to amend Sections 13, subparagraph (b) and 13-A, subparagraph 2
+of Republic Act No. 8291 otherwise known as the Government Service Insurance Act of
+1997. The primary objective of this measure is to allow government employees to retire
+after serving the government for a period of twenty (20) years regardless of the retirement
+age requirement under existing retirement laws.
+
+For many decades now, the Government Service Insurance System (GSIS) has
+sustained a seemingly obsolete and impractical age requirement for optional and
+compulsory retirement age of sixty (60) and sixty-five (65) years respectively, This may
+be considered irrelevant and incompatible to the present state of economic life of the
+Filipino people in the light of the economic and political changes brought about by
+globalization trend and other factors such as rapid population growth and the increasing
+unemployment rate.
+
+‘This measure will certainly help open windows of opportunities for prospective
+Tetirees giving them better choice in planning the future of their respective families
+considering the amount they will receive from retirement benefits while they are still
+strong and capable of venturing into other fields. It will also help attain efficiency in the
+government service as it will not only enable the government to get rid of government
+employees, who no longer have the drive to perform efficiently as they are just waiting
+for the right age to retire but will give the government the opportunity to hire fresh legs
+and minds to fill the positions to be vacated by retiring employees for the benefit of
+public service,
+
+The approval of this measure is eamestly sought.
+
+Pr £ o—
+JO C. MACIAS II M.D.
+
+Representative
+2™ District, Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+‘Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL No. 4?
+
+Introduced by: HON. EMILIO C, MACIAS I
+
+AN ACT
+PROVIDING FOR THE WAIVER OF THE RETIREMENT AGE
+REQUIREMENT OF GOVERNMENT EMPLOYEE, WHO HAS RENDERED AT
+LEAST TWENTY YEARS OF SERVICE, FURTHER AMENDING FOR THE
+PURPOSE PRESIDENTIAL DECREE NO, 1146 AS AMENDED OTHERWISE
+KNOWN AS THE REVISED GOVERNMENT SERVICE INSURANCE SYSTEM
+ACT OF 1977
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Section 13-A of Presidential Decree No. 1146 as amended
+otherwise known as the Revised Government Service Insurance System Act of 1977 is
+hereby further amended to read as follows:
+
+“SEC. 13, Retirement Benefits, — (a) Retirement Benefit shall be :
+
+(1) the lump sum payment as defined in this Act payable at the time of
+retirement plus an old age pension benefit equal to the basic monthly pension payable
+monthly for life, starting upon expiration of the five-year (5) guaranteed period covered
+by the lump sum; or
+
+(2) cash payment equivalent to eighteen (18) months of his basic monthly
+pension plus monthly pension for life payable immediately with no five-year (5)
+guarantee.
+
+(b) Untess the service is extended by appropriate authorities, retirement shall be
+compulsory for an employee at least sixty-five (65) years of age with at least fifteen (15)
+years of service: Provided, That if he has less than fifteen (15) years of service, he may
+be allowed to continue in the service in accordance with existing civil service rules and
+regulations.
+
+
+“SEC. 13-A. Conditions for Entitlement, - A member who retires from
+the service shall be entitled to the retirement benefits enumerated in paragraph (a) of
+Section 13 hereof. Provided, That:
+
+(1) he has rendered at least fifteen (15) years of service;
+
+(2) he is at least sixty (60) years of age at the time of retirement; and
+
+(3) he is not receiving a monthly pension benefit from permanent total disability.
+PROVIDED, FURTHER, THAT IF HE HAS RENDERED AT LEAST
+
+TWENTY (20) YEARS OF SERVICE, THE RETIREMENT AGE REQUIREMENT
+UNDER THIS ACT SHALL BE WAIVED.
+
+SEC, 2. All laws, decrees, executive orders and rules and regulations which are
+
+inconsistent with this Act are hereby amended, repealed or modified accordingly.
+SEC. 3. This Act shall take effect upon its approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00048.txt

@@ -0,0 +1,143 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 48
+
+Introduced by: REP. EMILIO C. MACIAS IT
+
+EXPLANATORY NOTE
+
+The Constitution explicitly provides that the State shall promote the right to health
+of the people and instill health consciousness among them. In pursuance of this
+Constitutional mandate, the goverment has implemented various health policies to
+protect the right to health of the people and public health workers. Specifically, Republic
+‘Act No. 8344 penalizes any proprietor, officer, medical practitioner and employee of a
+hospital or medical clinic who solicit, demand or accept any deposit or any other form of
+advance payment as a prerequisite for medical treatment or confinement. Likewise,
+Republic Act No. 7305 otherwise known as the Magna Carta for Public Health Workers
+aims to promote and improve their living and working conditions and terms of
+employment in order that they will be more responsive and better equipped to deliver
+health projects and programs.
+
+‘There are also several pending legislative measures in Congress, which seek to
+provide more rights to patients. Unfortunately, private medical practitioners, the
+indispensable partner of the government in the delivery of health services to the people,
+have not been accorded the same legal rights and protection as their counterpart in the
+public sector.
+
+Even in the absence of a law prohibiting hospitals from detaining a patient or
+withholding the release of a cadaver for failure to settle hospital bills, some hospitals
+release the patients or cadavers even before making full payment of hospital bills.
+However, these hospitals withhold the payment of professional fees of medical
+practitioners pending full settlement of patients’ hospital bills.
+
+This bill therefore, seeks to afford protection to medical practitioners by curtailing
+this unjust practice of some hospitals and medical clinics to withhold the payment of
+professional fees. It is the foremost intention of this measure to institute a mechanism that
+will ensure a fair and equitable terms acceptable to both the hospital and medical
+practitioners whenever patients make payments of hospital bills.
+
+
+Moreover, since medical practitioners have no collection agent to demand
+payment of their professional fees and it would be grossly degrading for them to
+constantly make follow-ups or verify from hospitals whether their patients have already
+settled their unpaid hospital bills, hospital or medical clinic shall provide them with a
+statement of account containing the total professional fee charged, amount already
+received, balance receivable and update of patients payment.
+
+In view of the foregoing reasons, the immediate approval of this bill is eamestly
+sought.
+
+Elo
+
+iO C. MACIAS I M.D.
+Representative
+
+2pd District, Negros Orientat
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES,
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+48
+
+HOUSE BILL NO.
+
+Introduced by: REP. EMILIO C. MACIAS I
+
+AN ACT
+PROVIDING FOR A FAIR AND EQUITABLE TERMS FOR THE RELEASE OF
+MEDICAL PRACTITIONERS’ PROFESSIONAL FEE WITHHELD BY
+HOSPITALS OR MEDICAL CLINICS FOR FAILURE OF THE PATIENT TO
+PAY HOSPITAL BILLS AND PENALIZING VIOLATIONS THEREFOR
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Short Title. - This Act shall be known as the “Medical
+Practitioners Protection Act of 2004”.
+
+SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
+to protect and promote the right to health and enhance the right of all the people to human
+dignity. Toward this end, this Act aims to protect the economic well-being of medical
+practitioners to ensure a more responsive and efficient delivery of health services to all
+the people.
+
+SEC. 3. Definition of Terms. — As used in this Act, the following terms shall be
+understood to mean:
+
+1) Medical Practitioner — refers to any person authorized by law to engage in
+giving diagnosis, treatment and care of persons suffering from illness, diseases or
+deformity, obstetrical and other medical care and other damage to the mind or body,
+which includes but not limited to persons practising general medicine, anesthesiology,
+OB-Gyne, pediatrics, urology, psychiatry, and like medical professions;
+
+2) Hospital ~ a facility devoted primarily devoted to the diagnosis, treatment and
+
+care of individuals suffering from illness, disease, injury, or in need of obstetrical
+or other medical and nursing care. It shall also be construed as any institution, building
+and place where there are facilities and personnel for the continued and prolonged care of
+patients;
+
+3) Medical Clinic — a place in which patients can avail of medical consultation or
+treatment on an outpatient basis.
+
+
+SEC. 4. Payment of Professional Fee. — Whenever a patient make payment for
+his hospital bill, the release of the professional fee collected by the hospital or medical
+clinic shall be subject to the following conditions:
+
+a. When full payment is made by the patient, the professional fee collected net of
+the withholding tax shall be released in full,
+
+b. When partial payment is made by the patient, the professional fee to be
+released shall be proportionate to the total cost of hospitalization; and the
+withholding tax deducted by the hospital from the professional fee shall be
+proportionate to the partial payment made.
+
+Whenever payment is made by the patient, the professional fee shall be
+immediately deposited into the bank account of the medical practitioner.
+
+SEC. 5. Statement of Account. - Hospital or medical clinic shall provide the
+medical practitioner a monthly update or statement of account containing the total
+amount of professional fee charged, amount already paid and balance receivable.
+
+SECTION 6. Prohibited Act. - It shall be unlawful for any hospital or medical
+clinic to withhold, except for taxation purposes, the professional fee of medical
+practitioners due to the patients” failure to pay their hospital bills.
+
+SECTION 7. Penalty. - Any clinic or hospital officer, staff or employee found
+guilty of violating the provision of this Act shall suffer the penalty of prision correcional
+or pay a fine of not less than Twenty thousand Pesos (P20,000.00) but not more than
+Fifty Thousand Pesos (P50,000.00) or both at the discretion of the court.
+
+SECTION 8. Effectivity. — This Act shall take effect upon its approval.
+Approved,

data/document/hb/13/00001-01000/HB-00049.txt

@@ -0,0 +1,109 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+49
+
+Introduced by: HON. EMILIO C. MACIAS II
+
+EXPLANATORY NOTE
+
+The Civil Service Commission, the central personnel agency of the government,
+has launched several programs, which include the imposition of smoking ban for public
+servants, to ensure honesty, integrity and dedication of the government workers as well as
+to promote efficiency in the delivery of public service.
+
+In a radio interview, former Chairman Corazon Alma de Leon of the Civil Service
+Commission noted that workers who smoke are proven to be seven percent (7%) less
+productive because of the time they spend on their self-imposed cigarette breaks. For this
+reason, the Civil Service Commission reminded all smoking public servants of the
+existence of Memorandum Circular No. 30, Series of 1991 and issued a stern warning to
+those who would violate it, Under the said Memorandum Circular, the first violation
+would lead to reprimand, while suspension could be given for the second and dismissal
+for the third. This Circular however, appears to have been ignored by smoking public
+servants either because agencies of the goverment did not cooperate in implementing the
+smoking ban or the Civil Service Commission itself is not too serious in implementing
+this policy.
+
+In order to put more teeth to this government policy, this bill seeks to ban public
+officers and employees from smoking within the premises during office hours. Once
+approved, any person found guilty of violating the provision of this Act shall suffer the
+penalty of prision correccional ot temporary disqualification from holding public office
+or both at the discretion of the court.
+
+It is a recognized fact that every citizen, including smoking public servants, has
+the right to do what he pleases as long as he does not injure the right of others, Such
+individual right however, must yield to the police power of the State to protect the right
+to health of the people, both the smokers and non-smokers, and to promote efficiency and
+productivity in the delivery of public service.
+
+It is important to note that the Committee on Health has already approved this bill
+during the last Congress.
+
+In view of the foregoing reason, the i approval of this bill is eamestly
+
+sought. a
+rnd
+1O.C.MACIAS Il M.D.
+
+Representative
+fecond District, Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.__49__
+
+Introduced by: HON. EMILIO C. MACIAS IL
+
+AN ACT
+BANNING PUBLIC OFFICERS AND EMPLOYEES FROM SMOKING WITHIN THE
+WORK PREMISES DURING OFFICE HOURS AND PROVIDING PENALTIES
+THEREFOR
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Short Title. - This Act shall be known as the “Public Officers and
+Employees Smoking Ban Act of 2004.”
+
+SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
+the right to health of the people and to promote efficiency in the delivery of public service by
+ensuring maximum utilization of designated official working period.
+
+SEC, 3. Definition of Terms. — As used in this Act, the following terms shall mean:
+
+8) Public Officer and Employee - refer to any person in the public service as defined under
+
+Executive order No. 292 otherwise known as the Administrative Code of 1987, which
+
+includes any person in the service of government or any of its agencies, divisions,
+subdivisions or instrumentalities,
+
+b) Office hours — refer to the designated working period in which a public officer or employee
+perform his functions or duties and expects to receive compensation for the service rendered.
+
+©) Work premises - refers to the office or work station, which includes building, grounds and
+the entire compound.
+
+4) Smoking — the act of carrying a lighted cigar, cigarette, cigarillo, pipes or other smoking
+paraphernalia whether or not it is being puffed, inhaled or smoked.
+
+SEC. 4, Prohibited Act. — All public officers and employees shall be banned from smoking
+within the work premises during office hours.
+
+SEC. 5. Penalties. - Any public officer or employee found guilty of violating the provisions
+of this Act shall suffer the penalty of prision correccional or temporary disqualification from
+holding public office or both at the discretion of the court.
+
+SEC. 6, Effectivitly. - This Act shall take effect upon its approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00051.txt

@@ -0,0 +1,113 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+-
+HOUSE BILL NO. 51
+
+Introduced by: HON. EMILIO C. MACTAS I
+
+EXPLANATORY NOTE
+
+This bill seeks to require the concurrence of the local school board on the
+assignment of division superintendents, district supervisors, school principals and other
+school officials to a particular local government unit. The primary objective is to delete
+the words which beclouden the meaning not only of the provision but of the law itself.
+Section 99 of the local Government Code mandates the Department of Education
+(DepEd) to consult the local school board pertaining to the appointment of the
+aforementioned officials. This ambiguous provision has triggered a legal controversy
+involving the Province of Negros Oriental and an appointee of the DECS. Unfortunately,
+the lower court interpreted the phrase “shall consult” to mean merely to inform or to
+notify as it was not expressed in a mandatory language. Apparently, the lower court gave
+weight to the “letter that killeth” and not “to the spirit that giveth life.”
+
+Certainly, when the framers of the Local Government Code bestowed upon the
+local government units powers and responsibilities, their noble intention was to cloth
+them with broad authority to decide and have a final say on matters within the ambit of
+their respective jurisdiction. This is precisely the essence of the decentralization policy of
+the government.
+
+It is therefore, the intention of this bill to give a crystal clear meaning to this
+ambiguous provision so as to remove the various interpretations on the subject provision
+which caused some irritants among local officials and the DepEd appointee. With the
+enactment of this bill into law, similar controversy that may arise in the future will be
+avoided. It must be emphasized that in every undertaking TEAMWORK is an essential
+clement of success
+
+This bill was already approved by the House of Representatives during the
+Eleventh Congress. However, due to intervening political events brought about by the
+impeachment trial, the Senate failed to act on this important legislative measure.
+
+In view of the foregoing, the ‘this bill is earnestly sought.
+
+EMILIO C. MACIAS Il M.D.
+Representative
+econd District, Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL Nt
+
+Introduced by: HON. EMILIO C. MACIAS I
+
+AN ACT
+REQUIRING THE CONCURRENCE OF THE LOCAL SCHOOL BOARD ON
+THE ASSIGNMENT OF DIVISION SUPERINTENDENTS, DISTRICT
+SUPERVISORS, SCHOOL PRINCIPALS, AND OTHER SCHOOL OFFICIALS
+AMENDING FOR THE PURPOSE SECTION 99, PARAGRAPH (4) OF
+REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL
+GOVERNMENT CODE OF 1991
+
+Be it enacted by the Senate and the House of Representatives of
+the Philippines in Congress assembled:
+
+SECTION 1. Section 99, paragraph (d) of Republic Act No. 7160 is hereby
+amended to read as follows:
+
+“SECTION 99, Functions of Local School Board. —
+The provincial, city or municipal school board shall:
+
+(a) Determine, in accordance with criteria set by the
+Department of Education, Culture and Sports, the annual
+supplementary budgetary needs for the operation and
+maintenance of public schools within the province, city or
+municipality, as the case may be, and the supplementary local
+cost of meeting such needs, which shall be reflected in the form
+of an annual school board budget corresponding to its share of
+the proceeds of the special levy on real property constituting
+the Special Education Fund and such other sources of revenue
+as this Code and other laws or ordinance may provide.
+
+(b) Authorize the provincial, city or municipal
+treasurer, as the case may be, to disburse funds from the
+Special Education Fund pursuant to the budget prepared in
+accordance with existing rules and regulations;
+
+(c) Serve as an advisory committee to the sanggunian
+concemed on educational matters such as but not limited to, the
+necessity for the use of local appropriations for educational
+Purposes; and
+
+
+(d) Recommend changes in the names of public schools
+within the territorial jurisdiction of local government unit for
+the enactment of the sanggunian concerned
+
+‘The Department of Education (DepEd) shall [consult]
+SEEK THE CONCURRENCE OF the local school board on
+the appointment OR ASSIGNMENT of division
+superintendents, district supervisors, school principals, and
+other school officials.”
+
+SEC. 2. This Act shall take effect upon approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00052.txt

@@ -0,0 +1,145 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATT'
+
+“yu aia,
+
+oP cewvecd
+
+RES -
+U!
+
+Quezon City oa UL 0 7 4.200 *
+or
+&,_/ ¢
+‘THIRTEENTH CONGRESS 3 am yar oe
+First Regular Session
+6
+House BELNo.__02
+
+Introduced by: REPRESENTATIVE EMILIO C, MACIAS I
+
+EXPLANATORY NOTE
+
+The Omnibus Election Code, the law governing elections in the Philippines,
+specifically provides that all citizens of the Philippines qualified to vote, who shall have
+resided in the city or municipality wherein they propose to vote for at least six (6)
+months immediately preceding the election, may be registered as a voter. However, the
+laxity attendant to the registration of voters where the basic proof of legal residence to
+determine that one has actually resided in the place where he proposes to vote within the
+prescribed period is not required to be presented, makes a mockery of this express
+residency requirements of the law. This situation mainly contributed to the registration of.
+a great number of registered electors by listing even the non-existing residence, which
+had notoriously become a vast source of flying voters. Certainly, the registration officers
+have no way of knowing whether the registrant is a legitimate resident or not of the
+dwelling unit he declared as his residence or they will not even bother to do some
+verification even if in doubt. The imposition of harsh penalties on flying voters has not
+been proven to be an effective tool in deterring the commission of this election offense. It
+is now hightime to introduce a new method that will prevent the commission of the
+offense for indeed, “an ounce of prevention is better than a pound of cure.”
+
+This bill seeks to require the presentation of some proof of legal residence for the
+purpose of registration to be a voter to prevent the perennial problem of flying voters.
+‘There were numerous instances in the past where the number of election registrants ina
+particular residential or dwelling unit even far exceeds the ideal or reasonable number of
+residents for each of them to live comfortably in such dwelling place. This anomalous
+practice will be minimized, if not totally eradicated, because, under this bill, the Punong
+Barangay shall not only attest the certification issued by the landowner or lessor but shall
+verify and keep a record of the actual number of residents in a particular property or
+dwelling unit.
+
+
+‘Moreover, this proposed legislation does not impose any property requirement on
+the exercise of the right of sufftage in consonance with the express mandates of the
+Constitution because a mere certification from the landowner or lessor of any dwelling
+unit like condominium, apartment, dormitory, etc. will suffice to prove his legal residence
+as attested by the Punong Barangay of the place where he proposes to vote if one has no
+property.
+
+This important piece of legislation is primarily intended to strengthen the State’s
+strong resolve to protect the sanctity of the right of suffrage and the integrity of the
+election system by eliminating the perennial problem caused by flying voters.
+
+In view of the foregoing reason, the approval of this bill is eamestly sought.
+
+= 4)
+JO C, MACIAS II M.D.
+Representative
+2™ District, Negros Oriental
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNO.__52
+
+Introduced by: REPRESENTATIVE EMILIO C. MACIAS IT
+
+AN ACT
+REQUIRING CERTAIN PERSON WHO MAY REGISTER AS A VOTER TO
+PRESENT ANY PROOF OF LEGAL RESIDENCE AMENDING FOR THE
+PURPOSE REPUBLIC ACT NO. 8189 OTHERWISE KNOWN AS THE VOTERS
+REGISTRATION ACT OF 1996 AND PROVIDING PENALTIES THEREFOR
+
+Be it enacted by the Senate and the House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Section 9 of Republic Act No. 8189 is hereby amended to read as
+follows:
+
+“SEC. 9, Who May Register. — All citizens of the
+Philippines not otherwise disqualified by law who are at
+least eighteen (18) years of age, and who shall have resided
+in the Philippines for at least one (1) year, and in the place
+wherein they propose to vote for at least six (6) months
+immediately preceding the election, may register as a voter.
+PROVIDED , HOWEVER, THAT IN NO CASE SHALL
+ANY PERSON RESIDING IN A_ PROPERTY
+BELONGING TO ANOTHER, BE ALLOWED TO
+REGISTER WITHOUT PRESENTING ANY PROOF OF
+LEGAL RESIDENCE ATTESTED BY THE PUNONG
+BARANGAY OF THE PLACE WHEREIN HE
+PROPOSES TO VOTE. PROVIDED, FURTHER, THAT
+THE PUNONG BARANGAY SHALL VERIFY AND
+KEEP THE RECORD OF THE ACTUAL NUMBER OF
+RESIDENTS IN A PARTICULAR PROPERTY OR
+DWELLING UNIT.
+
+AS USED IN THIS SECTION, THE TERM
+PROOF OF LEGAL RESIDENCE SHALL REFER TO A
+CERTIFICATION FROM THE LANDOWNER OR
+LESSOR OF A RESIDENTIAL UNIT, APARTMENT,
+CONDOMINIUM, DORMITORY OR _ SIMILAR
+DWELLING UNITS WHERE HE HAS RESIDED FOR A
+PERIOD PRESCRIBED UNDER THIS SECTION.
+
+
+“Any person who temporarily resides in another
+city, municipality or country solely by reason of his
+���occupation, profession, employment in private or public
+service, educational activities, work in the military or naval
+reservations within the Philippines, service in the Armed
+Forces of the Philippines, the National Police Forces, or
+confinement or detention in government institutions in
+accordance with law, shall not be deemed to have lost his
+original residence.
+
+“Any person, who, on the day of registration may
+not have reached the required age or period of residence
+but, who, on the day of the election shall possess such
+qualifications, may register as a voter. “
+
+SEC. 2. Any person found guilty of violating the provision of this Act shall suffer
+the same penalties imposed under Republic Act No. 8189.
+
+SEC. 3. The Commission on Elections shall promulgate the necessary rules and
+regulations to implement the provisions of this Act within sixty (60) days upon its
+approval.
+
+SEC. 4, This Act shall take effect upon its approval
+
+Approved,

data/document/hb/13/00001-01000/HB-00053.txt

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+‘Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILLNo.__93
+
+Introduced by: HON. EMILIO C. MACIAS II
+
+EXPLANATORY NOTE
+
+The Constitution explicitly mandates the State to give highest budgetary priority
+to education. The rationale behind this mandate is not only to make education accessible
+to all but also to give quality education to all Filipinos. It is sad to note however, that the
+noble intent of the framers of the Constitution will be rendered meaningless if the present
+policy in the appointment of the major players in the educational system, the classroom
+teachers, will not be rectified. It has been observed that the appointment of classroom.
+teachers has been made by considerations other than merits and fitness of the candidates.
+It is not infrequent when applicants without the necessary credentials except political
+connections are able to infiltrate and effectively deteriorate the teaching profession, The
+ranking system, an effective method to determine the teaching capability of the
+applicants, in most cases, has been disregarded. This situation has legions of skeptics in
+the appointment process.
+
+4“
+
+This bill therefore, seeks to strengthen the ranking system in the appointment of
+public school teachers. To effectively address this issue, the Local School Boards shall be
+empowered to screen and recommend applicants, who possess the necessary
+qualifications and standards, including the ranking system, set by the Department to any
+teaching position in their area of jurisdiction. The said Boards, being composed of local
+chief executives, division superintendents of schools, supervisors, chairman of the
+education committee of local government units, duly elected president of the federation
+of parents-teachers association and the duly elected non-academic personnel of public
+schools, are in a better position to determine the needé of the school. This bill will also
+provide a check and balance to the appointing power of DECS by granting the power to
+screen and recommend the applicants to another body, the Local School Boards. Thus,
+the appointment of non-qualified candidates will be severely restrained.
+
+It is the foremost intention of this important piece of legislation to attract the best
+and the brightest to the teaching position if only to provide quality education to all.
+
+Furthermore, this bill will strictly observe the requirement prescribed in Republic
+Act No, 8190 entitled, “AN ACT GRANTING PRIORITY TO RESIDENTS OF THE
+BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN
+THE APPOINTMENT OF CLASSROM TEACHERS.”
+
+
+In view of the great importance of this measure originally numbered as House Bill
+No, 5841, the House of Representatives in the Eleventh Congress had stamped its
+approval on March 27, 2000. However, due to lack of material time, the Senate failed to
+act on this measure. Thus, the need to re-file this bill
+
+‘The foregoing reasons warrant the approval of this important piece of legislation,
+
+IO C, MACIAS II M.1
+
+Representative
+Second Dist., Negros Oriental
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL No. _ 53
+
+Introduced by: HON. EMILIO C. MACIAS It
+
+AN ACT
+EMPOWERING THE LOCAL SCHOOL BOARDS TO SCREEN AND
+RECOMMEND THE APPLICANTS TO TEACHING POSITIONS, AND FOR
+OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives
+Of the Philippines in Congress assembled:
+
+SECTION 1. The Local School Boards; Powers. — The Local Schools are hereby
+empowered to screen and recommend applicant to any teaching position in the
+Department of Education, , hereinafter referred to as the Department. Provided, however,
+That the applicant possesses the necessary qualifications and standards, including the
+ranking system, set by the Department.
+
+SEC. 2. Manner of Appointment, — Public school teachers shall be appointed by
+the Secretary of the Department or his duly authorized representative based on the
+recommendation submitted by the Local School Boards.
+
+SEC. 3. Rules and Regulations. The Department, in coordination with the
+League of Local Government Units, shall issue the implementing rules and regulations
+within sixty (60) days upon approval of this Act,
+
+SEC. 4, Effectivity. - This Act shall take effect upon its approval,
+
+Approved,

data/document/hb/13/00001-01000/HB-00054.txt

@@ -0,0 +1,95 @@
+Republic of the Philippines ome ell
+
+HOUSE OF REPRESENTATIVES Ss
+Quezon City RrCeved 4
+THIRTEENTH CONGRESS Ot 200k
+First Regular Session
+
+HOUSE BILLNo. 04
+
+Introduced by: HON. EMILIO C. MACIAS II
+
+EXPLANATORY NOTE
+
+Presidential Decree No. 269, as amended otherwise known as the Rural Electrification
+Decree was issued in 1973 with the objective of attaining total electrification of the entire
+Philippines. However, it has already been more then two (2) decades now since the electrification
+program was launched, yet, there are still numerous areas in the countryside which do not have
+supply of electricity.
+
+The national government has a perennial funding problem and therefore local
+government units, if only to pursue the objective of the law, must be given reasonable discretion
+to tap any available sources of funding to enable them to collaborate with the national
+government in such kind of worthy undertaking for the benefit of the poor people, particularly in
+remote areas. This kind of undertaking however, may not be possible due to the existence of a
+provision in the Local Government Code which provides restrictions on how the share of local
+government units will be spent.
+
+Section 294 of the Local Government Code expressly limits the use of the share of the
+proceeds derived from the development and utilization of sources of energy to the reduction of
+the cost of electricity in the area where such a source is located. If the number of population is
+considered, the application of the proceeds to lower the cost of electricity will be negligible,
+particularly in densely populated area, but the amount may be sufficient to finance the
+electrification of other areas within the province where the source of energy is located.
+
+‘The local government units are supposed to be in a better position to determine the needs
+of their constituents and what is best for them. However, local government units are severely
+restrained to exercise their best option due to the existence of the aforementioned provision in the
+Code which dictated upon them what to do with their own money. This system runs counter to the
+attainment of local autonomy.
+
+A curative legislation therefore that will allow local goverment units to use the share of
+the proceeds derived ftom the development and utilization of various sources of energy as
+intended in this bill is highty recommended.
+
+It is important to note that the House of Representatives and the Senate Committee on
+Locel Government had elready approved this bill. Unfortunately, however, the Senate failed to
+act on the same for lack of material time.
+
+MILIO C. MACIAS II M.D.
+Representative
+‘Second Dist., Negros Oriental
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+rn
+HOUSE BILLNo.__ 04
+
+Introduced by: HON. EMILIO C, MACIAS IT
+
+AN ACT
+
+AUTHORIZING LOCAL GOVERNMENT UNITS TO APPLY THE SHARE OF
+THE PROCEEDS DERIVED FROM THE DEVELOPMENT AND UTILIZATION
+OF HYDROTHERMAL, GEOTHERMAL, AND OTHER SOURCES OF
+ENERGY FOR ELECTRIFICATION OF OTHER AREAS WITHIN THE
+PROVINCE WHERE THE SOURCE OF ENERGY IS LOCATED AMENDING
+FOR THE PURPOSE SECTION 294 OF REPUBLIC ACT NO. 7160
+OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991
+
+Be it enacted by the Senate and House of Representatives
+of the Philippines in Congress assembled:
+
+SECTION 1. Section 294 of Republic Act No. 7160 otherwise known as the
+Local Government Code of 1991 is hereby amended to read as follows:
+
+“SECTION 294. Development and Livelihood
+Projects. The proceeds from the share shall be appropriated
+by their respective sanggunian to finance local development
+and livelihood projects: Provided, however, that at least
+eighty percent (80%) of the proceeds derived from the
+development and utilization of hydrothermal, geothermal
+and other sources of energy shall be applied [solely] FOR
+ELECTRIFICATION OF OTHER AREAS WITHIN THE
+PROVINCE OR to lower the cost of electricity in the local
+government unit where such a source of energy is located,”
+
+SEC. 2. This Act shall take effect upon its approval.
+
+Approved,

data/document/hb/13/00001-01000/HB-00055.txt

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+55
+
+HOUSE BILL
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+In essence, social justice in a democracy is caring for the poor, a continuing and
+sincere concer for the underprivileged, a genuine and serious effort to improve their
+quality of life. This is what the attached bill, The Magna Carta for the Poor, is all about.
+
+While there may be existing laws touching on the need of the poor, the jobless,
+the homeless and the landless as part of an overall national strategy to alleviate poverty,
+this proposed legislation puts in sharp focus by stating in unequivocal terms what is felt
+to be the basic irreducible rights of the poor as essential requirements towards poverty
+alleviation, rights without which it is pointless to talk about poverty reduction, These
+rights are: the right to employment, the right to food, the right to shelter, the right to free
+quality education and the right to free healthcare and medicine — the “minimum standards
+of decency” which the poor can demand as a matter of right and which the government
+must do as a matter of obligation.
+
+More that a bill of rights of the poor, it declares that Government must now take
+the side of the poor because the issue of poverty has now become a critical question of
+survival; that Government intervention, given the present situation, is the only realistic
+route to take to uplift the poor while long terms measures, strategies and solutions for
+poverty reduction are being put in place, and that government must invest heavily in anti-
+poverty programs for the economic empowerment of the poor.
+
+The attached bill recognizes that, under the present economic environment, the
+top priority should be the creation of jobs or creation of employment opportunities. ‘The
+lack of employment appears to be the core of the problem of poverty. Jobs mean income
+and income translates into access to food, shelter, land, education and healthcare services.
+This means income spending which means payment and collection of taxes which in tur
+means more services to the poor. The government, therefore, must create jobs, must
+establish employment opportunities for the poor.
+
+
+Likewise, the government must implement a system of subsidy to help the poor in
+their food and housing requirements, and a system of free quality education and free
+health services and medicine. Employment will not come immediately for all the poor
+and the income may be grossly inadequate for those who may be employed. Hunger and
+sickness should not incapacitate and disable the poor in the pursuit of their rights.
+
+The value of education — not mere education but free quality educations even at
+the college level is envisioned — in poverty alleviation cannot be denied. Simply put, an
+educated poor would have better chances of surviving and enduring, even prevailing, in
+the market of employment and business. As stressed somewhere, those left out of public
+education programs are likely to be left out of economic opportunities, a misfortune that
+will surely be inherited by the next generation. The government must treat this concept
+of free quality education as a national investment, equipping the citizertry with tools for
+the future, for a better future.
+
+In the end, to make democracy work, the government must firstly work for the
+poor, the greater majority of the people. We can only have strong democratic institutions
+when such greater majority of the people are given the opportunities to participate in the .
+benefits, growth and development of a democratic society. Only when the poor are
+economically empowered will they be able to participate in the democratic process of
+setting national goals that affect their daily lives.
+
+In this light, approval of the bill is earnestly sought.
+
+RAUL Y- MAR
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+55
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+PROVIDING FOR A MAGNA CARTA FOR THE POOR
+
+Be it enacted by the Senate and the House of Representatives of the
+Philippines in Congress assembled:
+
+SECTION 1. Title. - This Act shall be known as the “Magna Carta For The
+Poor.”
+
+SEC. 2. Declaration of Policy. - It is the declared policy of the State to uplift
+the standard of living and quality of life of the poor and provide them with sustained
+opportunities for growth and development. It is likewise the policy that the concept of
+poverty alleviation is a government responsibility that primarily requires the creation and
+expansion of employment opportunities geared towards providing decent and productive
+employment to the poor.
+
+To attain the foregoing policy:
+
+(1) Government must invest heavily in anti-poverty programs to empower the
+poor to enable them participate in the country’s growth and development;
+
+(2) All government departments, agencies and instrumentalities must provide full
+access to government services at all levels for the poor; and
+
+(3) Government interventions must be done now to address the genuine concerns
+of the poor - which are now concems for daily survival - while long term strategies and
+solutions for the economic empowerment of the poor are being put in place.
+
+
+
+SEC. 3. Definition of Terms. -
+
+(a) “Poor” shall refer to natural persons whose income or combined household
+income falls within the poverty threshold as defined by the National Economic
+Development Authority and who at the same time are not owners of real property.
+
+(b) “Hazardous or danger zones” - refers to areas which when occupied for
+residential purposes actually poses a danger to the life and safety of the concerned
+residents or of the general community.
+
+(c) “Poor Organization” - refers to any recognized or accredited association as the
+sole representative organization of the poor in the community.
+
+SEC. 4. Basic rights of the Poor. - The poor shall have the following rights the
+enjoyment of which is an essential requirement towards poverty alleviation; (1) The
+right to employment; (2) The right to food; (3) The right [to free quality
+education; (4) The right to shelter’ and (5) The right to free health services and
+medicine.
+
+The government shall provided the requirements, conditions and opportunities
+for the full enjoyment of these rights of the poor as a matter of duty and obligation, and
+which the poor can demand as a matter of right.
+
+SEC. 5. The Right to Food and Food Assistance. - The Department of
+Social Welfare and Development (DSWD) shall develop a program of free food to the
+poor or a system of food assistance/subsidy to help the poor meet their minimum food
+necessities.
+
+The DSWD is hereby authorized to solicit donation, aids or grants, in cash or in
+kind, from whatever source, to meet the demands of this basic right of the poor. The
+donors under this provision shall be entitled to full deductibility of the value of the
+donation for income tax purposes.
+
+To help ensure the implementation of the free food for the poor program, all food
+items and food products, including rice, corn, sugar and other prime commodities, seized
+and forfeited with finality in favor of government for violations of customs laws shall be
+automatically transferred to or turned over to the DSWD for its dispositions.
+
+SEC. 6, The Right to Employment. - The Department of labor and
+Employment (DOLE), in coordination with the labor or employment offices of local
+government units, shall primarily be responsible for ensuring that the poor shall have
+preferential access to employment openings in private enterprises and in government
+
+programs and projects. For this purpose and to focus on the specific issue of creation of
+
+
+
+employment for the poor, the DOLE shall establish an Office of Employment
+Opportunities (OEO) within the department to carry out this responsibility. The
+‘budgetary requirements of the OEO shall be included in the annual budget of this
+department.
+
+Government departments and agencies, including government-owned and
+controlled corporations, are hereby authorized and mandated to earmark funds from
+their budgetary outlays to immediately undertake viable projects {for employment
+purposes. The government shall likewise allocated more funds ftom official development
+assistance for projects and activities that will have greater impact on generation of
+‘employment for the poor.
+
+It shall be mandatory for all government infrastructure projects and/or :
+government-funded contracts or government-assisted undertakings to utilize laborers
+from poor organizations as may be necessary in areas where the projects or contracts are
+to be implemented.
+
+SEC. 7. The Right to Free Quality Education, - The right of the poor to free
+elementary and secondary public education shall not be impaired. This right shall
+include provisions for free school uniform and school transportation.
+
+The right to education shall include access to quality education at the college
+level. Keyed to the government goal of providing free college education to the poor,
+college or graduate scholarships for the poor, including the study-now-pay/later-plans,
+shall be expanded in State universities and colleges and local government educational
+institutions keyed to the government goal of giving free quality college education.
+
+It shall also included the right to free availment of vocational and/or technical
+training and manpower skills development, for those who fail to qualify for formal or »
+higher education, from appropriated government agencies.
+
+The Department of Education Culture and Sports (DECS), in coordination with
+government agencies and government educational institutions concerned, shall ensure the
+full enjoyment of the poor’s right to education.
+
+SEC. 8. The Right to Shelter. - The right of the poor to decent housing shall not
+be abridged. The Government shall develop and implement an appropriate housing
+scheme that will provide decent housing facilities to the poor with the least financial
+burden through a system of subsidy or no-down payment acquisition schemes and long
+term, interests-free loans.
+
+
+
+In identified hazardous or danger zones or in geographic areas and
+population groups where housing needs for the poor are urgent and greatest, the
+Government, through the National Housing Authority and the local government
+unit concemed, shall immediately construct and provide free housing facilities in
+pre-determined development or resettlement sites. .
+
+In all cases, the Government, in ensuring the exercise and enjoyment of
+this right of the poor, shall put in place a system of simple requitement! and
+procedures and expeditious processing and approval.
+
+SEC. 9. The Right to Free Health Services and Medicine. - The
+Department of Health, through its regional offices of national and provincials or »
+local hospitals, shall develop and implement a system of free delivery of health
+services and medicine to the poor. The availment of this right of the poor shall
+be limited to the locality where they permanently reside.
+
+Government medical and health insurance program under existing laws shall
+increase, expand and liberalize their coverage so as to include free basic health
+services and medicine to the poor.
+
+SEC. 10. Other Rights of the Poor. - All other rights and benefits for the
+Poor provided under existing laws shall remain in full force and| effect. Nothing
+herein shall be construed in a manner that will diminish the enjoyment of such
+rights by the poor who shall have the right to avail of the greater rights or
+benefits offered by existing laws, including those granted under this Act.
+
+SEC. 11. Funding Requirements. -To carry out the provisions of this Act,
+the following amounts are appropriated as follows:
+
+(1) The sum of Fifty Million Pesos (P50,000,000.00) as initial operating
+fund is hereby appropriated out of any available funds in the National Treasury.
+‘The amount necessary in subsequent years to help implement this Act shall be
+included in the annual appropriation of the NEDA.
+
+(2) Twenty percent (20%) of the share of the national government in the
+earnings of the PAGCOR.
+
+(3) Twenty percent (20%) of the share of the national government in all
+lotteries conducted by the Philippine Charity Sweepstakes Office.
+
+(4) Fifty percent (50%) of the share of the government in the proceeds
+
+from sale or disposition of sequestered assets.
+
+
+
+(5) Fifty percent (50% of the proceeds from the sale o disposition by
+public auction of goods or articles forfeited in favor of the government by the
+
+Bureau of Customs.
+The share from the PAGCOR, the PCSO, the sale of sequestered assets '
+and forfeited goods and article, as above-provided, shall be directly remitted to
+the NEDA on a quarterly basis for its disposition in accordance with this Act.
+SEC. 12. Rational Allocation Funds. - The National Economic and
+Development Authority (NEDA) shall be principally responsible for the efficient and
+rational allocation of available funding requirements as maybe needed by the different
+
+government departments and agencies in implementing the rights of the poor.
+‘ SEC. 13. Implementing Rules. - The NEDA, in coordination, with the my
+a government departments and agencies concerned, shall promulgate rules and regulations:
+: to carry out the provision of this Act within three (3) months from its|effectivity.' The
+rules shall set priority target areas for the initial implementation of this |Act with the end
+
+in view of ensuring the successful replication of the program nationwide.
+SEC. 14. Compliance Report - The NEDA, in coordination with all
+: government department and agencies concemed, shall, within, six (6) months from
+
+: the effectivity of this Act and every six (6) months thereafter, submit a report to
+Congress on the compliance with the provisions of this Act.
+SEC. 15. Separability Clause. - If for any reason any section or provision
+
+g of this Act is declared unconstitutional or invalid, the other sections or provisions
+a hereof which are not affected thereby shall continue to be in full force and effect,
+
+SEC. 16. Repealing Clause. - All laws, decrees, executive orders, t
+a proclamations, rules and regulations or parts thereof, inconsistent herewith are
+
+1 hereby repealed. :
+SEC. 17. Effectivity Clause. - this Act shall take effect immediately upon its
+publication in the Official Gazette or in two (2) newspapers of general circulation.
+
+Approved,
+

data/document/hb/13/00001-01000/HB-00068.txt

@@ -0,0 +1,101 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City f
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+6
+HOUSE BILL N 8
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+The proposed bill seeks to prevent the undesirable practice of hospitals and
+medical clinics of preventing the release of fully recovered and/or dead patients for non-
+payment, either partially or fully, of hospital bills,
+
+The aforesaid practice has resulted in unnecessarily prolonged, and hence more
+expensive, stay of the financially distressed patients. Unchecked and undisturbed, the
+practice is a simple case of detention against the will of the patients pending full payment
+of bills which, in a sense, constitutes a deprivation of liberty on grounds of financial
+incapacity. In any language, it is a legally and morally unacceptable posture.
+
+The bill allows the underprivileged patient to leave the hospital upon the
+execution of a duly secured promissory note and imposes a penal sanction for violation of
+any of its provisions.
+
+While the rights of hospital owners and/or medical practitioners must be
+respected, there must be a better_ and more humane way of treating patients who, having
+been adequately attended to, already wish to leave the hospital were it not for their unpaid
+bills. To the financially incapable patient, it is a matter of liberty and livelihood; to the
+hospital owners and the medical practitioners, it simply means a little financial sacrifice
+
+It may be stressed that this bill passed on third and final reading in the House of
+Representatives during the Eleventh Congress. In the Senate, the attached bill passed
+second reading but was not approved, for lack of time upon congressional adjournment.
+
+In view of all the foregoing, approval of the Bill is earnestly requested.
+
+RAI DEL
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL 68
+
+Introduced by: REP. RAUL V. DEL MAR
+
+AN ACT
+PROHIBITING THE DETENTION OF LIVE OR DEAD PATIENTS IN
+HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF
+HOSPITAL BILLS OR MEDICAL EXPENSES
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. It shall be unlawful for any hospital or medical clinic in the
+country to detain or to otherwise cause, directly or indirectly, the detention of patients
+who have fully or partially recovered or have been adequately attended to or who may
+have died, for reasons of nonpayment in part or in full, of hospital bills or medical
+expenses.
+
+SEC. 2. Patients who have fully or partially recovered and who already wish to
+leave the hospital or medical clinic but are financially incapable to settle, in part or in
+fall, their hospitalization expenses, including professional fees and medicines, shall be
+allowed to leave the hospital or medical clinic, with a right to demand the issuance of the
+corresponding medical certificate and other pertinent papers required for the release of
+the patient from the hospital or medical clinic upon the execution of a promissory note
+covering the unpaid obligation. The promissory note shall be secured by either a
+mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with
+the patient for the unpaid obligation. In the case of a deceased patient, the coresponding
+death certificate and other documents required for interment and other purposes shall be
+released to any of his surviving relatives requesting for the same: Provided, however,
+‘That patients who stayed in private rooms shall not be covered by this Act.
+
+
+SEC. 3. Any officer or employee of the hospital or medical clinic responsible for
+releasing patients, who violates the provisions of this Act shall be punished by a fine of
+not Jess than Five thousand pesos (P5,000.00) but not more than Fifteen thousand pesos
+(P15,000.00) or imprisonment of not less than one (1) month but not more than six (6)
+months, or both such fine and imprisonment, at the discretion of the proper court
+
+SEC. 4, The Department of Health shall promulgate the necessary rules and
+regulations to carry out the provisions of this Act.
+
+SEC. 5. If any provision of this Act is declared void and unconstitutional, the
+remaining provisions thereof not affected thereby shall remain in full force and effect.
+
+SEC. 6. All laws, decrees, orders, rules and regulations or parts thereof
+inconsistent with this Act are hereby repealed or amended accordingly.
+
+SEC. 7. This Act shall take effect fifteen (15) days after its publication in two (2)
+national newspaper of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00069.txt

@@ -0,0 +1,1351 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 69
+
+Introduced by : REP. RAUL V. DEL MAR,
+
+EXPLANATORY NOTE
+
+The Constitution, in tasking the State to promote the quality of life of the citizens,
+mandates a program of housing “which will make available at affordable cost decent
+housing and basic services to underprivileged and homeless citizens in yrban centers and
+resettlement areas”, and directs a system of resettlement for urban and rural dwellers.
+
+It is precisely in this light, and to give specific attention to this constitutional
+policy, that the attached bill seeking the creation of a Department of Housing and
+Resettlement is being submitted.
+
+In essence, the attached bill directly focuses on the housing needs of the poor and
+the homeless and the low income eamers of both the public and private sectors. It
+likewise focuses on resettlement and relocation of the less unfortunate, particularly those
+occupying hazardous areas. The proposed Department, therefore, will be concentrating
+its efforts, time and resources on this specific mandate, all for the benefit of the greater
+majority of the citizens - the poor and the low-salaried. The housing needs and
+requirements of those who are neither poor nor low-salaried shall not be the concern of
+the department.
+
+This proposed legislation recognizes that one of the minimum standards of
+decency is the right to shelter, the right to decent living conditions and that this right can
+only be given substance if the government now takes the side of the poor, if the
+government directly comes in to make things happen for them. The Department of
+Housing and Resettlement is one big step towards enabling the government to directly
+and significantly meet this challenge. Anything less would make it no different from
+what is happening now to the government’s effort in housing which does not give the
+poor the priority they deserve.
+
+Needless to say, it is only when the government ensures the minimum standards
+of decency” can the poor and the low income earners be inspired and enabled to strive
+harder to realize their full potentials.
+
+In this light, approval of the Bill is strongly requested.
+
+hf DEL MAR
+
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+69
+
+HOUSE BILL Ni
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+CREATING THE DEPARTMENT OF HOUSING AND RESETTLEMENT,
+ABOLISHING THE EXISTING HOUSING AGENCIES, DEFINING ITS POWERS AND
+FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in. Congress
+assembled:
+
+CHAPTERI
+GENERAL PROVISIONS
+SECTION 1. Title, ~ This Act shall be known and cited as the “Omnibus Housing and
+Urban Development Act of 2004”.
+SEC. 2. Declaration of Policy. —It is hereby declared a policy of the State to:
+
+(a) Undertake a comprehensive and continuing program of housing and urban
+development which will make available at affordable cost, decent housing and basic services to
+the Filipino people, especially those who are underprivileged and homeless;
+
+(©) Adopt workable policies that will guarantee the rationalization and optimum
+utilization of land and resources in order to meet the spatial and physical requirements of
+housing and urban development and create a more balanced urban-rural interdependence;
+
+(© Develop a sustainable and viable housing finance system that shall tap alternative,
+including non-traditional sources of funds, for the government's housing program;
+
+(4) Rationalize and strengthen the urban development and shelter delivery system of the
+government by enhancing local autonomy and decentralization and provide local government
+units more power, authority, responsibility, and resources; and
+
+(e) Encourage more effective peoples’ participation by institutionalizing their
+involvement at all levels of the urban planning and development process.
+
+SEC. 3. Definition of Terms. — For purposes of this Act, the terms or words and phrases
+
+used shall mean or be understood as follows:
+
+
+(a) “Abot-Kaya Pabahay Fund” refers to the fund established under Republic Act No.
+6846, otherwise known as “The Social Housing Support Fund Act”, as amended by Republic Act
+No. 7835, otherwise known as “The Comprehensive and Integrated Shelter Financing Act of
+1994”, The Fund shall be used exclusively to enhance the affordability of low-cost hdusing by
+low-income families through its four (4) components, namely: amortization support,
+development financing, cash flow guaranty, interest subsidy and liquidity support.
+
+(b) Agricultural Land Conversion refers to the undertaking of any activity that modify or
+alter the physical characteristics of agricultural lands to render them suitable for non-agricultural
+purposes with an approved order of conversion from the secretary of the Department of Agrarian
+Reform (DAR).
+
+(c) CISFA — refers to Republic Act No. 7835.
+
+(@) “Community mortgage program” refers to the mortgage financing program of the
+National Home Mortgage Finance Corporation (NHMFC) which assists legally-organized
+associations of underprivileged and homeless citizens to purchase and develop a tract of land
+under the concept of community ownership.
+
+(e) “Formal sector” refers to members of the Government Service Insurance System
+(GSIS), Home Development Mutual Fund (HDMF), and the Social Security Systein (SSS).
+
+( “Homeless and underprivileged” refers to the beneficiaries of Republic Act No. 7279,
+otherwise known as the “Urban Development and Housing Act” (UDHA), and to individuals or
+families whose income or combined household income falls within the poverty threshold as
+defined by the National Economic and Development Authority (NEDA), who do not enjoy
+security of tenure;
+
+(g) “Informal sector” refers to non-members of the GSIS, HDMF, and the SSS.
+
+(h) “New town” refers to any large-scale planned development which includes housing,
+work places, and related facilities within a more or less self-contained environment.
+
+(@ “Secondary mortgage market” — refers to the system which entails purchase,
+acquisition, discounting or refinancing of loan and mortgage packages or participations therein.
+These instruments, in turn, are traded in the financial market through issuance and/or sale of
+bonds, promissory notes, debentures, conveyances and other finangial instruments or
+participation therein, backed by the same pool or mortgages, securitizations, and ather agsets.
+
+() “Socialized housing” refers to housing program and projects covering houses and lots
+or homelots only undertaken by the government or the private sector for the underprivileged and
+
+homeless citizens which shall include sites and services development, long term financing,
+
+
+
+liberalized terms on interest payments, and such other benefits in accordance with the provisions
+of this Act,
+
+(k) “Urban development” refers to the process of occupation and use of land or space for
+such activities as residential, industrial, commercial and the like, necessary to carry out the
+functions of city life. It entails building or rebuilding of more or less permanent structures over
+land that is often withdrawn or converted from its original use, resulting in the creation of the
+built environment.
+
+(@ “Urban planning” refers to a process, also called city planning or town planning, that
+involves planning for diverse elements that comprise an urbanized area, including its physical
+infrastructure, environment, housing and transportation, and management of land use and urban
+growth; and
+
+(m) “Urban renewal” refers to the idea of consciously renewing the outwom areas of
+towns and cities, through redevelopment and rehabilitation.
+
+SEC. 4. Statement of Objectives. - Toward this end, the State shall:
+
+(@) Formulate and oversee the implementation of a comprehensive housing and urban
+development policy as an integral part of national development plans to regulate and direct urban
+growth and expansion towards a dispersed urban net and to achieve a more balanced urban-rural
+interdependence;
+
+(b) Undertake with the participation of the private sector a continuing comprehensive,
+affordable and sustainable housing program;
+
+(©) Establish a sustainable housing finance system that ensures affordable housing
+through low down payment, long-term financing and low interest rate;
+
+(@) Improve coordination of national government housing and urban development
+policies and programs and extend adequate technical and material assistance to local government
+units;
+
+(©) Encourage participation of all stakeholders in housing and urban development, such
+as local government units (LGUs), non-government organizations (NGOs), people’s organization
+(POs) and the private sector;
+
+(£) Rationalize the structure, powers and functions of the different housing and urban
+development agencies and integrate all housing and urban development policies, plans, programs
+and projects of various government corporations and agencies to expedite the delivery of decent,
+affordable and sustainable housing and urban development programs and projects; and
+
+(g) Promote the application of technologies that reduce costs and improve the quality of
+habitability of housing.
+
+
+CHAPTER IL
+THE DEPARTMENT PROPER
+
+SEC. 5. Creation of the Department of Housing and Urban Development. - To carry
+out the above-declared policy, there is hereby created a Department of Housing and Urban
+Development, hereinafter referred to as the Department.
+
+The Department shall be the primary agency of Government that will prepare, integrate,
+coordinate, and supervise, plans, programs, projects, and activities of the government relative to
+urban planning, development, and renewal, including land use and zoning, housing provision,
+regulation and finance, and marginal settlement assistance and services.
+
+SEC. 6. Powers and Functions, — The Department shall have the following powers and
+functions:
+
+(a) Formulate, implement, and update, consistent with approved national development
+plans and guidelines on land use, a comprehensive National Urban Development and Housing
+Framework. This Framework will specify the policies, plans, programs, strategies and
+mechanisms in order to promote a sustainable, ecologically-sound, and well-governed housing
+and urban development;
+
+(b) Provide for the development of: (1) a sustainable market-oriented housing finance
+system which promotes the adequate flow of private funds into the primary and secondary
+mortgage markets; and (2) a complementary system of well-targeted and transparent housing
+subsidy mechanisms for the less privileged and homeless;
+
+(c) Ensure the provision of adequate housing stock to meet the needs of all income
+groups, especially the underprivileged and homeless in urban centers and in resettlement and
+rural areas;
+
+(d) Pursue an urban renewal of blighted and slum areas, the resettlement and relocation of
+informal dwellers, and the containment of squatting, pursuant to law, in a just and humane
+manner;
+
+(€) Supervise all corporations and agencies attached to the Department namely: Home
+Guaranty Corporation (HGC), National Housing Authority(NHA), National Home Mortgage
+Finance Corporation (NHMFC), Home Development Mutual Fund (HDMF), and Housing and
+Urban Development Adjudication Commission (HUDAC), to: (1) ensure adherence, consistency
+and integration with Department policies, plans and programs; and (2) monitor the performance
+and soundness of their management and financial policies in accordance with the government’s
+
+housing and urban development framework;
+
+
+() Promulgate, amend or repeal such rules and regulations as may be necessary to
+complement the intent and purposes of this Act, which, upon approval by the President and after
+due publication thereof, shall have the force of law;
+
+(g) Effect and oversee a single regulatory system that shall govern all activities relative to
+the planning, production, marketing and maintenance of residential and commercial development
+projects;
+
+(h) Develop and establish a sector performance and monitoring and assessment
+mechanism and monitor and report on the performance of the sector, national government
+agencies and LGUs in urban development and housing to enable continuing improvements in
+sector policy and strategy formulation;
+
+(i) Adopt and promulgate development standards and guidelines that shall govern the
+preparation and implementation of land use plans and zoning ordinances of LGUs and property
+development of the public and private sector;
+
+(j) Provide technical assistance and information to assist LGUs in developing solutions to
+problems on housing, community, and urban development and/or renewal;
+
+(&) Coordinate the development activities of LGUs toward a more effective housing
+delivery, optimal land use, and the balanced growth of urban and urbanizing communities in
+relation to demographic factors, productive capacity, and natural resource endowment;
+
+(1) Exercise initiative and, under the directions of the President, assume a lead role in
+coordinating the activities of other agencies and instrumentalities that impact on urban
+development;
+
+(m) Call on other agencies or instrumentalities of the government and private entities for
+cooperation and assistance in the performance of its functions;
+
+(n) Monitor compliance and provide policy directions, standards and technical assistance
+to LGUs in the preparation of their respective land use plans and zoning ordinances, subject to
+the over-all land use plan of the regional development councils and the NEDA;
+
+(0) Undertake a rational, balanced, orderly, and efficient development of new settlements
+and the redevelopment of existing urban communities that indicate potentials for accelerated
+growth. Such activities shall assure the dwellers thereon of decent and affordable housing, job
+and livelihood opportunities, efficient mass transit, public safety, health care, educational
+opportunities, and clean environment;
+
+(p) Conduct continuing research and development of innovative and indigenous
+technologies that will enhance housing affordability;
+
+
+(q) Ensure consumers’ education and protection and establish and administer mechanisms
+such as the development, maintenance, updating, and upgrading of an industry information
+system and data bank which shall include a master list of beneficiaries;
+
+(®) Establish a mechanism to identify, update, validate, and determine full eligibility of
+target beneficiaries for socialized housing programs and projects in order to maximize
+government resources and avoid double availment of such programs and projects;
+
+(8) Discharge all responsibilities of government that may arise from agreements and other
+commitments on housing, land use and urban development to which it is a signatory, including
+the determination of forms of assistance for housing, land use and urban development to be
+extended through multilateral or bilateral assistance program;
+
+(® Determine, fix and collect reasonable amounts to be charged as administrative fees,
+fines and penalties; as well as issue motu propio, after the conduct of appropriate investigation,
+notices of violation, cease and desist and/or closure and demolition orders, ejectment and
+summary abatement orders, necessary for the effective implementation of all laws, rules and
+regulations, and other legal issuances enforced by the Department;
+
+(u) Determine, fix and collect reasonable amounts to be charged as administrative fees,
+fines and penalties on any natural or juridical person who practice real estate services without
+any license; and
+
+(¥) Perform such other acts not inconsistent with this Act as are necessary to achieve its
+purposes.
+
+SEC. 7. Composition. - The Department shall be headed by a Secretary. The Department
+proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and
+Assistant Secretaries, the bureaus, services, and other offices of the Department.
+
+SEC. 8. The Secretary. - The Secretary shall be appointed by the President, subject to
+the confirmation by the Commission on Appointments.
+
+The Secretary in addition to the regular powers and functions provided under Section 7,
+Chapter 2, Book IV of the Administrative Code of 1987, shall have the following powers and
+functions:
+
+(a) Provide executive direction, control and supervision over the entire operations of the
+Department;
+
+(b) Rationalize delivery system as is necessary for the effective attainment of the
+objectives of the Department, including the creation of regional and field offices, other service
+units and divisions, and the delegation of authority to regional and field offices for decentralized
+programs, subject to the provisions of existing laws;
+
+
+(©) Call on other government and private entities for cooperation and assistance in the
+performance and discharge of the Department's functions;
+
+(@) Coordinate with LGUs, other agencies, and public and private interest groups,
+including NGOs and POs on Department policies and initiatives;
+
+(©) Restructure the intemal organization of the Department, subject to the approval of the
+President;
+
+( Recommend to the President on the restructuring of the structures of its attached
+agencies and corporations;
+
+(g) Review existing rules and regulations governing financing schemes, homeowners
+associations and other issues attendant to the different shelter programs and projects, with the
+end in view of ensuring their effectiveness and efficiency; and
+
+(h) Formulate such rules and regulations and exercise such other powers as may be
+necessary to implement the objectives of this Act.
+
+SEC. 9. The Undersecretaries. - The Secretary shall be assisted by two (2)
+Undersecretaries, who shall be appointed by the President upon the recommendation of the
+Secretary: Provided, That one of the Undersecretaries shall be a career officer coming from the
+ranks of the existing government housing agencies and offices. They shall have the powers and
+functions as provided for in Section 10, Chapter 2, Book IV of the Administrative Code of 1987,
+and other powers and functions that will be assigned by the Secretary.
+
+The offices of the Undersecretaries shall consist of the undersecretaries and their
+respective immediate staff.
+
+SEC. 10. Assistant Secretaries. - The Secretary shall be assisted by a maximum of three
+(3) Assistant Secretaries who shall be career offices appointed by the President upon the
+recommendation of the Secretary.
+
+The respective assignments of the Assistant Secretaries shall be determined by the
+Secretary.
+
+SEC. 11. Qualifications. — No person shall be appointed Secretary, Undersecretary or
+Assistant Secretary of the Department unless he is a citizen and a resident of the Philippines, of
+good moral character, and of proven competence and integrity,
+
+SEC. 12, Bureaus. - The Department shall have the following Bureaus: (a) Financial
+and Institutional Development Bureau, (b) Urban Development Bureau, (c) Housing Technology
+Bureau, and (d) Realty Regulation and Consumer Protection Bureau, and (e) Settlements and
+Social Housing Bureau.
+
+‘The Bureaus shall perform the following functions:
+
+
+(a) Financial and Institutional Development Bureau
+(1) Provide fiscal and financial incentives to LGUs, the private sector, NGOs and POs to
+encourage their full participation in ensuring adequate housing stock especially for low-income
+
+familie
+
+(2) Institute a mechanism to ensure consistently high collection efficiency and the
+viability of the national shelter program;
+
+(3) Assist in and facilitate the sourcing of adequate housing and urban development funds
+from foreign, local, and other alternative sources;
+
+(4) Facilitate the development of a sustainable market-oriented housing finance system
+which promotes the adequate flow of private funds into the primary and secondary mortgage
+markets;
+
+(5) Administer programs to LGUs, community associations, cooperatives, and other
+Private groups to improve their capability to engage in all aspects of urban development/renewal
+programs, housing and resettlement, including the restoration of neighborhoods, the investment
+in or improvement of public facilities, and the rehabilitation of housing;
+
+(©) Extend technical assistance to the local housing board or any special body on housing
+within an LGU and housing cooperatives in the preparation of local shelter plans and projects;
+
+(7) Accredit, train, and extend assistance to homeowners’ associations or cooperatives of
+targeted beneficiaries for purposes related to housing, and evaluate and recommend the same for
+possible availment of a housing program or project;
+
+(8) Monitor the implementation of projects and programs under its jurisdiction; and
+
+(9) Perform such other related functions as may be assigned to it by the Secretary.
+
+(b) Urban Development Bureau
+
+(1) Promulgate appropriate rules and regulations for the proper implementation and
+enforcement of predetermined national standards and guidelines on land use, urban planning and
+development;
+
+(2) Install new and appropriate mechanisms for the extension of technical and other
+forms of assistance to LGUs to ensure that their land use plans and zoning ordinances are
+consistent with prescribed standards and guidelines and national policies and other issuances of
+the Department and the NEDA;
+
+(3) Coordinate with the Public Estate Authority (PEA) in the development of new towns
+with complete basic facilities and services in urbanizable and urbanizing areas, including the
+identified growth areas such as, but not limited to, CALABARZON, East Asian Growth Area,
+and the North Quadrangle, in order to decongest existing urban communities;
+
+
+(4) Assist the LGU in undertaking a rational, well-balanced, orderly and efficient
+redevelopment/renewal of existing urban communities;
+
+(5) Assist in the formulation and updating of national objectives for housing and urban
+development, specifically the National Urban Development Framework;
+
+(6) Monitor the implementation of projects and programs under its jurisdiction; and
+
+(7) Perform such other related functions as may be assigned to it by the Secretary.
+
+(©) Housing Technology Bureau
+
+(1) Study and promulgate appropriate standards on all types of housing construction;
+
+(2) Review and update national standards and technical requirements for economic and
+socialized housing projects;
+
+(3) Accredit, promote and encourage the development and utilization of innovative
+housing technology that can reduce the cost of housing and within the reach of the poor without
+sacrificing safety requirements, and provide for the prototyping/piloting of the same;
+
+(4) Provide awards, incentives and citations to innovative and ingenious discoveries and
+inventions in coordination with the Department of Science and Technology (DOST) and the
+Board of Investments (BOD);
+
+(5) Publicize findings and research on new technologies;
+
+(6) Participate in local and international expositions, competitions and various research
+and development activities on housing technology;
+
+(7) Monitor, evaluate and validate the programs and projects under its jurisdiction; and
+
+(8) Perform such other related functions as may be assigned to it by the Secretary.
+
+(@ Realty Regulation and Consumer Protection Bureau
+
+(1) Oversee the enforcement of the approved rules, regulations and standards on all types
+of housing developments such as subdivision, condominium, townhouse, single-detached or
+multi-unit housing, industrial subdivisions, industrial condominiums, farm subdivisions, resort
+and leisure estates, memorial parks, office/commercial condominiums, condominium-hotels
+(condotels) and commercial centers;
+
+(2) Oversee the issuance by the regional offices of certificates of registration and licenses
+to sell for all real estate development projects, and the collection of the necessary penalties, fines
+and fees, and monitor, assess and investigate compliance with approved subdivision and
+condominium plans;
+
+(3) Continually streamline the implementation and enforcement of regulations, including
+the regulatory aspect of the urban land reform program, the Subdivision and Condominium
+
+
+Buyer’s Protective Decree, land value and building rental regulations, Rent Control Law and
+other related laws;
+
+(4) Undertake the acceptance and initial processing of complaints of housing related
+cases mentioned in Sec. 23 of this Act and the referral of the same to the housing arbiters;
+
+(5) Accredit duly-licensed brokers, through their organizations, to source lands for
+project development and to market certain housing inventories or to solicit qualified
+beneficiaries;
+
+(6) Accredit developers to undertake the development of certain urban lands;
+
+(7) Register, issue certificates of incorporation to, and regulate homeowners’ associations
+and condominium corporations organized pursuant to Presidential Decree No. 957, Republic Act
+No. 4726, Presidential Decree No. 902-A and other related laws;
+
+(8) License real estate brokers, real estate appraisers and real estate consultants;
+
+(9) Develop and implement real estate consumer education and protection programs;
+
+(10) Promote public trust and consumer education through the implementation of a
+strategic communications plan that will offer timely dissemination of accurate and updated
+information on the department's policies, plans, programs and projects;
+
+(11) Monitor the implementation of projects and programs under its jurisdiction; and
+
+(12) Perform such other related functions as may be assigned to it by the Secretary.
+
+(© Settlements and Social Housing Bureau
+
+(1) Ensure that relevant government housing programs shall make available to the lowest
+thirty percent (30%) of the income earners decent and affordable housing with basic services and
+employment opportunities;
+
+(2) Formulate and ensure the enforcement of policies, rules and regulations governing
+socialized housing provision, upgrading provision of tenure and improvement of informal
+settlements;
+
+(3) Formulate and enforce policies, rules and regulations governing resettlement,
+relocation, eviction and demolition activities and for this purpose, issue relocation/eviction and
+demolition activities and for this purpose, issue relocation/eviction compliance clearances for
+national or local government projects which will involve the eviction or demolition of structures
+or homeless and underprivileged citizens in accordance with Republic Act No. 7279 (UDHA)
+and implementing rules and regulations (IRR);
+
+(4) Implement the conduct of pre-election and post-relocation activities for national
+government programs and projects in accordance with Section 28 of Republic Act No. 7279
+(UDHA) and IRR;
+
+
+(5) Coordinate with the local housing board or any special body on housing or urban poor
+concems within the LGUs and other concerned agencies on the pre-relocation and post election
+activities in accordance with Section 28 of Republic Act No. 7279 (UDHA) and IRR;
+
+(6) Monitor compliance with the balanced housing requirement under Republic Act No.
+7279 (UDHA) and IRR;
+
+(7) Coordinate with concerned agencies and the LGUs in the formulation, development
+and implementation of an information system that will provide the government and the general
+public with timely, accurate and reliable data on the underprivileged and homeless citizens;
+
+(8) Administer, through the regional offices, homeless assistance advances/grants to
+LGUs and NGOs and private communities for temporary and emergency housing, as well as
+building renovation, improvements, in coordination with the Department of Social Welfare and
+Development (DSWD);
+
+(9) Administer the amortization support component of the Abot-Kaya Pabahay Fund, and
+other similar funds;
+
+(10) Institute measures such as but not limited to the setting up of an LGU-led Anti-
+Squatting Task Force to detect and thwart squatting and to address such other concomitant
+problems as rural-to-rural-urban migration;
+
+(11) Monitor the implementation of projects and programs under its jurisdiction; and
+
+(12) Perform such other related functions as may be assigned to it by the Secretary.
+
+SEC. 13. Services. - The Department shall have the following Services: (2) Planning
+and Management Service, (b) Administrative and Financial Service and (c) Legal Service.
+
+The services shall perform the following functions:
+
+(a) Planning and Management Service
+
+(1) Formulate, update and ensure the implementation of an integrated national housing
+and urban development framework that will provide policy directives, guidelines, strategies and
+support mechanisms for active multi-sectoral participation;
+
+(2) Conduct continuing comprehensive studies and research on housing and urban
+development necessary for policy and program review and formulation;
+
+(3) Develop and provide legal, regulatory and supervisory frameworks that promote the
+development of a sustainable market-oriented housing finance system to ensure the adequate
+flow of private funds into the primary and secondary mortgage markets;
+
+(4) Develop clearly-defined, transparent and well-targeted housing subsidy mechanisms
+to enhance access by low-income housing beneficiaries;
+
+
+
+(5) Establish and maintain a management information system and sub-systems for
+monitoring and evaluating Development-wide programs and projects, including those that are
+executed by operating bureaus and offices;
+
+(6 Manage and maintain a housing and urban development data bank to include a shelter
+indicator system, beneficiary profile and other national database on shelter and urban
+development;
+
+(7) Formulate policies, plans and procedures for data control and systems management;
+
+(8) Act as the central repository of existing and future computer files;
+
+(9) Maintain and operate the Department's library; and
+
+(10) Establish and maintain a viable information network with other goverament agencies
+
+and instrumental
+(b) Administrative and Financial Service
+(1) Provide the Department with economical, efficient and effective services relating to
+
+ies.
+
+personnel, communication, procurement, supplies, equipment, transportation services,
+collections, disbursement, security and property management;
+
+(2) Conduct in-house training; and
+
+(3) Provide disbursement, budgeting, accounting, comptrollership and internal audit
+service to the Department.
+
+(©) Legal Service
+
+(1) Conduct research on such matters brought before the Department’s attention by
+interested parties and offices seeking legal advice, opinion and assistance;
+
+(2) Recommend the issuance of opinions and the adoption of policies, rules and
+regulations based on the foregoing;
+
+(3) Draft, recommend and review proposed legislative measures;
+
+(4) Prepare and maintain and index, compilation, annotation and digest of laws, rules,
+regulations, commission and court decisions relevant to the Department’s mandates;
+
+(5) Review proposed contracts and/or agreements of the Department to ensure their
+consistency with existing laws, rules and regulations;
+
+(© As Special Counsels duly-deputized by the Office of the Solicitor General (OSG),
+represent the Department in court for the purpose of defending the official acts of its officers and
+employees that were regularly and diligently performed in the course of the normal discharge of
+their functions;
+
+(7) Prepare pleadings and other legal documents and submit progress reports on the cases
+handled by them;
+
+
+(8) Attend and participate in congressional hearings and inter-agency meetings relative to
+the formulation of legislative measures, proposed executive issuances, rules and regulations
+and/or Memoranda of Agreement with other offices and agencies or the private sector; and
+
+(9) Provide/extend legal advice assistance to other offices of the Department.
+
+SEC. 14. Regional and Field Offices. - Consistent with the requirements of economy
+and efficiency, there shall be established a Regional Office, which shall be headed by a Regional
+Director, in every administrative region and in as many field offices as are necessary: Provided,
+That they are established in accordance with the regional pattern as prescribed by existing laws.
+
+SEC. 15, Functions of the Regional Directors and Regional Offices. - While program
+bureaus exercise technical supervision functions over regional counterparts, the Regional
+Director shall be the responsible line official for all Department programs in the administrative
+region, The Regional Director shall be appointed by the President and shall report to the
+Secretary.
+
+‘The Regional Office shall perform the following functions:
+
+(a) Ensure that Department program-goals are met and that programs are implemented in
+accordance with the duly-adopted policies, standards and guidelines;
+
+(b) Ensure the consistency between the overall regional development goals and programs
+and the National Urban Development Strategy and between Department programs and regional
+plans of other government agencies;
+
+(c) Directly manage and implement Department programs in the immediate geographic
+area;
+
+(@) Direct and evaluate the performance of field offices in the region;
+
+(©) Monitor, investigate and assess compliance with approved subdivision and
+condominium plans, endorse and recommend the filing of appropriate charges for violations
+thereof,
+
+(© Coordinate with the LGUs with regard to their local urban development, land use and
+shelter plans, and provide the necessary technical assistance on devolved powers related to
+housing and urban planning as mandated by the Local Government Code and other related laws;
+
+(g) Administer the registration of homeowners’ associations and condominium
+corporations;
+
+(h) Undertake the issuance of certificates of registration and licenses to sell for
+condominium and subdivision projects, and collect fees for the purpose;
+
+(@ Advise and coordinate the plans and programs of the Regional and Field Offices of the
+attached agencies and corporations; and
+
+
+(® Perform such other functions as may be provided for by law and by the Secretary.
+
+SEC. 16. Functions of Field Directors and Offices. - A Field Director shall head a
+Field Office and shall be accountable to the Regional Director. The Field Officer shall directly
+administer Department programs in his/her jurisdictional area and shall ensure their proper
+implementation.
+
+The field director shall maximize his/her detail in the areas under jurisdiction by closely
+coordinating with the local planning officer, the pertinent sanggunian committee, the Urban Poor
+Affairs Office (UPAO), and the local housing boards, if any, for program monitoring,
+implementation and enforcement.
+
+SEC. 17. Relationship Among the Regional and Field Offices of the Department, its
+Attached Agencies and Corporations, and the LGUs. ~ The relationship among the Regional
+and Field Offices of the Department, its attached agencies and corporations, and the LGUs, shall
+be purely coordinative.
+
+CHAPTER III
+ATTACHED AGENCIES AND CORPORATIONS
+
+SEC. 18. Attached Corporations and Agencies and their Functions, — Any provision of
+Jaw or their respective charters to the contrary notwithstanding, the following corporations and
+agencies are hereby attached to the Department for general supervision, and policy and program
+coordination. They shall continue to operate and function in accordance with their respective
+charters, laws or orders creating them insofar as they are not inconsistent with this Act:
+
+(a) Home Guaranty Corporation (HGC);
+
+(b) National Housing Authority (NHA);
+
+(©) National Home Mortgage Finance Corporation (NHMFC);
+
+(d) Home Development Mutual Fund (HDMF);
+
+(©) Housing and Land Use Regulatory Board (HLURB), hereby renamed the Housing and
+Urban Development Adjudication Commission (HUDAC).
+
+Any and all exemptions from the compensation and position classification provided for
+under Republic Act No. 6758, otherwise known as the “Compensation and Position
+Classification Act of 1989" which were previously granted to any and all of the abovementioned
+attached agencies and corporations, are hereby withdrawn.
+
+Any provision of law or the respective charters of the abovementioned corporations and
+agencies to the contrary notwithstanding, the Secretary shall, in a concurrent capacity, be the ex
+officio Chairman of the respective boards of HGCC, NHA, NHMFC and HDMF.
+
+
+SEC. 19. Reconstitution of the Governing Bodies of Attached Corporations and
+Agencies. — The governing bodies of the corporations and agency attached to the Department are
+hereby reconstituted as follows, any provision of law or their respective charters to the contrary
+notwithstanding:
+
+(a) Home Guaranty Corporation (HGC). The Board of Directors of the HGC shall be
+composed of the Secretary as ex officio chairman, the Secretary of Finance as vice chairman, and
+the following as members: the President of the HGC, the Director-General of the NEDA, and
+three (3) others to be appointed by the President of the Philippines, who shall serve for a term of
+five (5) years: Provided, That the person appointed shall be of good moral character, of
+unquestionable integrity, of known probity and patriotism, and with expertise and experience of
+at least ten (10) years in business, finance, and in their professions: Provided, further, That in
+the event of a vacancy, the successor appointed to fill the said vacancy shall serve only the
+unexpired portion of the term of the member he succeeds.
+
+(b) National Housing Authority (NHA). The Board of Directors of the NHA shall be
+composed of the Secretary as chairman, the General Manager of the Authority as vice chairman,
+and the following as members; the Secretary of the Department of Interior and Local
+Government (DILG), the Chairman of the National Anti-Poverty Commission, the Chief
+Executive Officer of the NHMFC and two (2) others to be appointed by the President of the
+Philippines, one of whom shall represent the real estate and housing industry and the other shall
+represent of NGOs or POs.
+
+(©) National Home Mortgage Finance Corporation (NHMFC). The Board of Directors
+of the NHMFC shall be composed of the Secretary as chairman, the Chief Executive Officer of
+the NHFMC as vice-chairman, and the following as members: the Administrator of the SSS, the
+General Manager of the GSIS, the Chief Executive Officer of the HDMF, and two (2) others to
+be appointed by the President of the Philippines, one of whom shall represent the real estate and
+housing industry and the other shall represent the NGOs or POs.
+
+(a) Home Development Mutual Fund (HDMF). The Board of Trustees of the HDMF
+shall be composed of the Secretary as chairman, the Secretary of the Department of Finance
+(DOF) as vice chairman, and the following as members: the Secretary of Department of Budget
+and Management (DBM), the Secretary of the Department of Labor and Employment (DOLE),
+the Chief Executive Officer of the HDMF, two (2) representatives of private employees, two (2)
+representatives of private employers, one (1) representative of government employees, and one
+(1) representative of the real estate and housing industry.
+
+
+The representatives of the private employers and employees shall each be appointed by
+the President for a term of a term of two (2) years: Provided, however, That of the first set to be
+appointed, one (1) representative of the employees and one (1) representative of the employers
+shall have a term of only one (1) year. The representatives of the government employees and the
+real estate and housing industry shall be appointed by the President for a term of two (2) years.
+CHAPTER IV
+REAL ESTATE ADJUDICATION COMMISSION
+
+SEC. 20. Renaming Housing and Land Use Regulatory Board (HLURB). ~The
+HLURB hereby renamed and reconstituted as the Housing and Urban Development Commission
+(HUDAC), which shall be attached to the Department for program and policy coordination and
+administrative supervision.
+
+The regulatory functions of the former HLURB shall be performed by the Department
+with the HUDAC retaining the quasi-judicial functions thereof.
+
+The Commission shall be composed of a chairman and eight (8) full-time members to be
+appointed by the President, majority of whom shall be members of the Philippine Bar while the
+others shall have a background or experience in urban development planning, management,
+architecture, civil engineering or other related fields. The chairman shall have the rank of a
+Commission Chairman IV while the commissioners shall each have the rank of a Commission
+Member IV. They must have been engaged in the practice of their respective professions or
+specialization or employed in an appropriate officer for a period of at least five (5) years. In
+addition, no person who has been convicted of a crime involving moral turpitude shall be
+appointed as a chairman or a member of the Commission.
+
+The incumbent full-time commissioners of the present HLURB shall remain in office
+unless they opt to avail of the retirement and separation benefits provided in Section 38 of this
+Act or are sooner removed for cause.
+
+Upon expiration of their terms, they shall be entitled to retire under existing laws, if they
+are so qualified to retire thereunder, or to receive a compulsory retirement gratuity equivalent to
+the total of two (2) times their basic salary as commissioner, for every year of service, whichever
+is higher.
+
+The Commission may set en banc or in three (3) divisions, each composed of three (3)
+members. The Commission shall sit en banc only for purposes of promulgating rules and
+regulations governing the hearing and disposition of cases before any of its divisions and
+regional branches, hearing and disposition of motions for reconsideration and formulating
+policies affecting its administration and operations. The Commission shall exercise its
+
+
+adjudicatory and all other powers, functions and duties through its divisions: Provided, That the
+commission sitting en banc may, on temporary or emergency basis, allow cases within the
+jurisdiction of any division to be heard and decided by any other division whose docket allows
+the additional workload and such transfer will not expose litigants to unnecessary additional
+expense.
+
+The concurrence of two (2) commissioners of a division shall be necessary for the
+pronouncement of judgment or resolution. Whenever the required members in a division is not
+complete and the concurrence of two (2) commissioners to arrive at a judgment or resolution
+cannot be obtained, the chairman shall designate such number of additional commissioners from
+the other divisions as may be necessary.
+
+The conclusions of a division on any case submitted to it for decision shall be reached in
+consultation before the case is assigned to a member for the writing of the decision. It shall be
+mandatory for the division to meet for purposes of the consultation ordained herein. A
+certification to this effect signed by the presiding commissioner of the division shall be issued
+and a copy thereof attached to the record of the case and served upon parties.
+
+The Commission, when sitting en banc shall be assisted by the executive clerk and, when
+acting through its divisions, by the division executive clerks in the performance of such similar
+or equivalent functions and duties as are discharged by the Clerk of Court and Deputy Clerks of
+Court of the Court of Appeals.
+
+SEC. 21. Term and Compensation. - The members of the HUDAC shall be appointed
+for a term of six (6) years and without reappointment. Appointment to any vacancy shall be only
+for the unexpired term of the predecessor and shall receive the same salaries and emoluments of
+a Commissioner of the National Labor Relations Commission (NLRC).
+
+SEC. 22. Power and Authority of the Commission, - In the exercise of its judicial
+functions, the HUDAC shall be governed by the principles of justice, equity and fairness. It shall
+act as an impartial and independent tribunal and shall render judgment in accordance with law,
+evidence and merit of the case. In particular, the HUDAC shall have the following powers and
+authorities:
+
+(a) Promulgate rules and regulations governing the hearing and disposition of cases filed
+before it and those pertaining to its internal functions and such other regulations as may be
+necessary to carry out the purposes of this Act: Provided, That it shall not be bound by technical
+rules of procedures but shall proceed to hear and decide all cases, disputes or controversies in a
+most expeditious manner, employing all reasonable means to ascertain the facts of every case
+
+
+including conducting clarificatory hearing, if necessary, in accordance with justice, equity and
+merit;
+
+(6) Exercise exclusive appellate jurisdiction over all cases decided by the housing and
+urban development arbiters. However, the Secretary may assume jurisdiction over any
+complaint or case and decide the same or certify such case for decision by the Commission if, in
+his opinion, he believes that the controversy involves massive fraud or unsound business
+practices or critical socioeconomic or environmental considerations that has serious potential
+impact on the interests of the sector of the general welfare;
+
+(c) Administer oaths, summon the parties to a controversy, issue subpoenas requiring
+attendance and testimony of witnesses or the production of such books, papers, contracts,
+records, agreements, and other documents of similar nature as may be material to a just
+determination of the matter under investigation or hearing conducted in pursuance under this
+Act;
+
+(d) Issue cease and desist orders, preliminary or permanent injunctions, whether
+prohibitory or mandatory, in all cases in which it has jurisdiction, and in which the pertinent
+provisions of the rules of civil procedures shall apply;
+
+(©) Hold any person in contempt, directly of indirectly, and impose appropriate penalties
+therefore;
+
+(f) Impose administrative fines and/or penalties for violation of this Act, Republic Act
+No. 7279, and other laws implemented by the HUDAC, including pertinent rules and regulations,
+orders, decisions and rulings: Provided, That the maximum imposable fined or penalties shall
+not exceed Five hundred thousand pesos (P500,000.00);
+
+(g) To establish offices to cover as many provinces and cities, whenever and wherever it
+may b expedient, necessary and feasible;
+
+(h) Deputize any law enforcement agency in the execution of its final orders, rulings or
+decisions;
+
+(i) Directly utilize income generated from fees, fines, charges and other collections in the
+performance of its functions to defray operating expenses and provide allowances for its
+personnel;
+
+@) Issue writs, orders to execute demolition, or seizure or closure of property in
+accordance with its decision; and
+
+(k) Exercise such other powers as implied, necessary or incidental to the carrying out the
+express powers granted to the HUDEC or to achieve the objectives and purposes of this Act, and
+other laws implemented by the Commission,
+
+
+The Chairman, aided by the Executive Clerk Court IV shall have administrative
+supervision over the Commission and its regional branches and all its personnel including the
+Housing and Urban Development Arbiters.
+
+SEC. 23. Jurisdiction of the Housing and Urban Development Arbiters. - The Housing
+and Urban Development Arbiters shall exercise have original and exclusive jurisdiction to hear
+and decide cases of the following:
+
+(@) On Real Estate
+
+(1) Unsound and fraudulent real estate business practices;
+
+(2) Claims for refund against project owners, developers, dealers, brokers or
+salespersons;
+
+(3) Specific performance of contractual and statutory obligations filed by buyers of
+
+subdivision lots or condominium units against the owner, developer, dealer, broker or
+salesperson;
+
+(4) Squatting on subdivision lots;
+
+(5) Disputes involving buyer-financing agreements with any financing institution for
+condominium/subdivision projects;
+
+(6) Easements or rights of way affecting or involving subdivision and condominium
+projects;
+
+(7) Disputes between: (i) landowners and developers, and (ii) banks and developers,
+whenever the interest of buyers of subdivision lots, or house and lots, or condominium units are
+involved;
+
+(8) Partial redemption and release of mortgage titles of subdivision lots and condominium
+units;
+
+(9) Disputes involving easements of waterways, drainage, connections to public utilities,
+and light and view affecting subdi
+
+(10) Disputes involving homeowners’ associations and condominium corporations,
+
+sion and condominium projects;
+
+whether intra-corporate or inter-corporate;
+
+(11) Claims of brokers and/or salespersons for unpaid commissions for sales of
+condominium and/or subdivision projects and all other real estate brokerage transactions;
+
+(12) Disputes between lessors and lessees affecting subdivision and condominium units;
+
+(13) Cases filed by the subdivision or condominium owners or developers and mortgage
+financing institutions against lot or unit buyers for collections of unpaid amortizations; and
+
+(14) Other related cases arising ftom contractual or statutory obligations of owners,
+dealers, brokers or salespersons towards lot or unit buyers.
+
+
+(b) On Housing and Land Use Planning and Regulation
+
+Complaints in areas without local zoning administrators and/or local zoning boards of
+appeals involving: (i) opposition to any land use or development project; and (ji( petitions for
+recall or revocation of the grant by a local government official of any zoning or locational
+clearance permit, both on the ground that the same is violative of land use planning laws and/or
+zoning ordinances.”
+
+(©) On Shelter Rights
+
+(@) Violations of the provisions of the Urban Development and Housing Act (Republic
+‘Act No. 7279), including but not limited to the following:
+
+(1.1) Just and humane eviction/demolition procedure under Section 28 and pertinent
+implementing rules and regulations,
+
+(1.2) Prohibition against professional squatters and squatting syndicates under Section 27
+and pertinent implementing rules and regulations;
+
+(1.3) Inventory of lands under Section 7 and pertinent implementing rules and
+regulations;
+
+(1.4) Identification of sites for socialized housing under Section 8 and pertinent
+implementing rules and regulations;
+
+(1.5) Limitations on the disposition of land for socialized housing under Section 14 and
+pertinent implementing rules and regulations;
+
+(1.6) Registration of socialized housing beneficiaries under Section 17 and pertinent
+implementing rules and regulations; and
+
+(1.7) Balanced housing development under Section 18 and pertinent rules and
+regulations.
+
+(2) All ejectment cases where the party defendants are underprivileged and homeless
+citizens as defined by the UDHA (Republic Act No. 7279) or a duly registered association whose
+members are underprivileged and homeless citizens as defined by the UDHA (Republic Act No.
+7279).
+
+SEC. 24. Criminal Prosecution. — Criminal prosecution for violation of housing laws
+and regulations shall be instituted before regular courts with appropriate jurisdiction.
+
+SEC. 25. Housing and Urban Development Arbiters, Qualifications and
+Compensation, — The Secretary, upon recommendation of the chairman of the Commission,
+shall appoint housing and urban development arbiter as the needs of the service may require for
+cach administrative region. No person shall be appointed housing and urban development
+arbiters unless he has been a member of the Philippine Bar at least five (5) years with at least two
+
+20
+
+
+(2) years experience or exposure in the field of housing, real estate and/or land use planning and
+zoning.
+
+‘The Housing and Urban Development Arbiters shall receive an annual salary and be
+entitled to the allowances and benefits equivalent to the salaries, allowed and benefits of labor
+arbiters of the National Labor Relations Commission.
+
+SEC. 26. Sheriff. The Commission shall appoint a sheriff or such number of sheriffs in
+its central and regional branches. No person shall be appointed to the position of sheriff unless
+he is a second grade civil service cligible and has finished at least two (2) years of college. The
+sheriff shall be responsible for the service or execution of all writs, summons and orders and
+other process of the Commission.
+
+SEC. 27. Appearances. - A lawyer appearing for a party is presumed to be properly
+authorized for that purpose. A non-lawyer may appear before the HUDAC or the Housing Urban
+Development Arbiter only if: (a) he/she represents himself/herself as party to the case; or (b)
+he/she represents an organization: Provided, That he/she shall be made to present written proof
+that he/she is properly authorized.
+
+SEC. 28, Appeals, - Decisions, awards or orders of the Housing Urban Development
+Arbiter shall be final and executory unless appealed to the HUDAC wit
+from receipt of such decisions, awards or orders.
+
+Decisions of the Commission shall be appealable only to the Court of Appeals by way of
+a petition for review within fiftecn (15) days from notice of judgment, award or order, pursuant
+to Rule 43 of the 1997 Rules of Civil Procedure.
+
+SEC. 29. Prohibition Against Restraining Order or Injunction. - No court of the
+Philippines except the Supreme Court and Court of Appeals shall have jurisdiction to issue any
+
+in ten (10) calendar days
+
+restraining order or writ of preliminary or permanent injunction against the HUDAC or its
+regional offices in any case, dispute or controversy arising from, necessary to, or in connection
+with the application, implementation, enforcement or interpretation of this Act and other
+pertinent laws on housing and eviction/demolition procedures.
+
+SEC. 30. Pending Cases, — All cases pending in court not within the original and
+exclusive jurisdiction of the former HLURB as defined under Presidential Decree No. 957 as
+amended by Executive Order No. 648 shall continue to be heard, tried and decided into their
+finality: Provided, That enforcement of decisions in pending ejectment cases which eventually
+violate Section 28 of Republic Act No. 7279 may be subjected to the original and exclusive
+jurisdiction of the HUDAC.
+
+21
+
+
+CHAPTER V
+PUBLIC ESTATES AUTHORITY
+
+SEC. 31. Public Estates Authority (PEA). — In addition to the existing mandate of the
+PEA created under Presidential Decree No. 1084, as amended by Executive Order No. 525,
+(series of 1979) and Executive Order No. 654 (series of 1981), the PEA is hereby mandated to
+ensure that its programs and projects are in accordance with the broader objective of the national
+urban development and housing framework. In coordination with the Department, the PEA shall
+undertake the development of new towns with complete basic facilities in urbanizable and
+urbanizing areas including growth areas to decongest existing urban communities.
+
+The governing board of the PEA is hereby reconstituted to include the Secretary of the
+Department of Housing and Urban Development and the Secretary of the DILG as ex-officio
+members,
+
+CHAPTER VI
+SHELTER FINANCE
+
+SEC. 32. Housing Assistance for HDMF, SSS and GSIS Members. — As provided for
+in their respective charters, the HDMF, SSS and GSIS shall allocate annually funds to implement
+home lending and housing assistance programs which qualified members of these institutions
+may avail of. For this purpose, the HDMF, SSS and GSIS shall provide annually the maximum
+limit of their investible funds for their housing programs. Any provision to the contrary
+notwithstanding, the integrity and character of the funds of the SSS, GSIS and HDMF for the
+benefit of its members shall not be prejudiced.
+
+‘The funds allocated shall be used exclusively for home financing and no part thereof shall
+be used for administrative or operating expenses of these institutions.
+
+New members of the HDMF shall be allowed to pay the required two (2)-year
+membership contribution in lump sum to immediately quality for home lending and housing
+assistance programs.
+
+Within thirty (30) days from the effectivity of this Act, the HDMF, SSS and GSIS shall
+jointly formulate the policies and specific terms that will govern implementation of their
+respective facilities for Retail Loan and Development Loan Programs. The same guidelines shall
+be adopted by goverment and private financial institutions implementing retail and
+developmental home financing programs.
+
+SEC. 33. Social Housing Fund. — There is hereby established a Social Housing Fund
+(SHF) composed of the following fund sources:
+
+
+(@) Amounts provided for socialized housing under the annual General Appropriations
+Act;
+
+(b) Fifty percent (50%) of the twelve percent (12%) of all proceeds of any sale, after
+deducting all expenses related to the sale, portions of military camps as provided in Republic Act
+No. 7227, as amended;
+
+(c) Loans, grants, bequests and donations, whether form local or foreign sources;
+
+(@) Proceeds form forfeited customs bonds; and
+
+() Ten percent (10%) of the mandatory annual contributions of the Philippine Charity
+Sweepstakes Office (PCSO) to the charity fund as provided for in Section 6 of Republic Act No.
+1169 shall be channeled to this fund.
+
+In addition, Sixty-Five billion pesos (P65,000,000,000.00) form the unused portion of the
+Agri-Agra funds of banks to be accessed over a period of four (4) years from the effectivity of
+this Act shall be invested in low-cost and socialized housing.
+
+The SHF shall be administered by the Department and shall be allocated solely for
+housing programs for the low-income group of the informal sector such as squatter relocation,
+sites and services program, urban renewal, rental housing, land banking and livelihood assistance
+programs in resettlement areas. The programs and projects that will be funded under said fund
+and the implementing bureau or agency shall be determined by the Department,
+
+CHAPTER VII
+TRANSITORY PROVISIONS
+
+SEC. 34. Transfer of Powers and Functions. — Within six (6) months after the approval
+of this Act, the powers and functions of the HUDCC shall be transferred to the Department. The
+foregoing transfer of powers and functions shall include all applicable funds and appropriations,
+records, equipment, property and personnel as may be necessary. The same shall apply to
+agencies and government units which have not been abolished but whose functions have been
+transferred to the Department except the assets, pertinent funds, records, property, equipment and
+personnel of the housing and land use regulatory board needed for adjudicatory and related
+support functions, All purely government functions being performed by the HULRB shall be
+transferred to the Department. Likewise, all existing powers and functions of these agencies in
+their charters which are inherent and incidental to their corporate mandates shall be retained with
+the concerned agencies.
+
+All ex-officio functions of the Chairman of the HUDCC are likewise transferred to the
+Secretary.
+
+23
+
+
+SEC. 35. Transfer of Rights, Assets, and Liabilities. - The Department shall, by virtue
+of this Act, be subrogated to all rights and assume all the liabilities of the HUDCC and all other
+agencies, or government units whose functions and powers have been transferred to the
+Department, and all their funds, records, property, assets, equipment and such personnel, as may
+be necessary, including unexpended appropriations and/or allocations except the assets, pertinent
+funds, records, property, equipment and personnel of the Housing and Land use Regulatory
+Board needed for adjudicatory and related support functions. All contracts and liabilities of the
+said offices are hereby transferred to and assumed by the Department and shall be acted upon in
+accordance with the Auditing Code and other pertinent laws, rules, and regulations: Provided,
+That existing officers and employees of said agencies/corporations, shall continue to assume
+their posts in holdover capacity until their new appointments are issued.
+
+SEC. 36. Rationalization or Transfer of Functions of Attached or Related Agencies. —
+The land use planning and enforcement functions including monitoring and issuance of licenses
+and permits of the HLURB as provided for under Sections 5a, 5b, Sc, 5d, 5g and Sh of Executive
+Order No. 648 and similar provisions in Executive Order No. 90; the implementation of the pre-
+relocation, and post-relocation activities mentioned in Section 12 (e) 4 of this Act, as provided
+for in Section 28 of R.A. No. 7279; and the powers, authorities and responsibilities vested in the
+HLURB with respect to the registration of homeowners’ associations as provided for under
+Section 26 of Republic Act No.8763 shall be transferred to the Department,
+
+SEC. 37. Structure and Staffing Pattern, - Except for the position of Secretary,
+Undersecretary, and Assistant Secretary, there shall be no hiring of new personnel for the
+Department. Within ninety (90) days from the effectivity of this Act, the Secretary shall
+formulate and submit to the Oversight Committee for its review and approval the Department's
+proposed organizational structure and staffing pattern that shall ensure that there is no
+duplication of functions between the Department and its attached agencies. After the Oversight’s
+review and approval, the proposed organizational structure and staffing pattern of the
+Department shall be submitted to the President for final approval through the DBM within ninety
+(90) days.
+
+The Oversight Committee shall be composed of the following:
+
+(a) The Chairperson of the Senate Committee on Housing, Resettlement and Urban
+Planning, and the House Committee on Government Reorganization, as co-Chairpersons; and
+
+(b) The Chairpersons of the Senate Committee on Finance and the House Committee on
+Housing and Urban Development, the House Committee on Government Enterprises and
+Privatization, and the House Committee on Appropriations, as members.
+
+
+The authorized positions created therein shall be filled by regular appointment by the
+President or the Secretary, as the case may be: Provided, That in the filling of positions created,
+the Secretary shall create an ad hoc committee composed of management and staff of the
+concemed agencies to ensure that preference shall be given to the personnel of the corporations
+or agencies affected by the restructuring provided in this Act: Provided, further, That such
+individuals comply with the qualification standards set by the Civil Service Commission (CSC)
+for the positions they shall be appointed to: Provided, finally, That if such individuals possess the
+same qualifications, seniority shall be given priority.
+
+SEC, 38. Separation from the Service. - Employees separate and/or phased-out form
+the service as a result of the abolition and/or reorganization under the provisions of this Act shall
+within six (6) months from their separation and/or phase-out from the service receive a
+separation pay equivalent to two (2) times the monthly basic salary for every year of service in
+the government and the refund of their personal contribution plus interest including the
+government share to the GSIS. In addition, those who are qualified to retire shall be allowed to
+retire and be entitled to all benefits provided, under any of the existing retirement laws. The
+miscellaneous personnel benefits, the organization adjustment, and corporate funds maybe used
+to fund the purpose.
+
+CHAPTER VIII
+FUNDING
+
+SEC. 39. Appropriations. - The amount needed for the initial implementation of this
+Act shall be charged against the current year’s appropriations of HUDCC and all corporations
+herein attached to the Department. Thereafter, such sums as may be necessary for the continued
+implementation of this Act shall be included in the annual General Appropriations Act.
+
+SEC. 40, Additional Funding. — Subject to existing rule and regulations, the funds and
+monies or which otherwise come into possession of the Department and its bureaus from fees,
+surcharges, fines and penalties which the Department and its bureaus may impose and collect
+under this Act, as well as an amount to be determined at the beginning of every calendar year
+representing twenty percent (20%) of the outstanding balance of the funds and monies shall be
+deposited as a special account in the General Fund and shall be disbursed for expenses necessary
+for the effective discharge of the powers and functions of the Department under this Act, except
+personal services requirements.
+
+CHAPTER IX
+MISCELLANEOUS AND FINAL PROVISIONS
+
+25
+
+
+SEC. 41. Social Housing One Stop Processing Centers, — For purposes of socialized,
+low cost, economic and middle-income housing development, the Department shall establish
+Social Housing One-Stop Processing Centers (SHOPCs) in the regions, which shall centralize
+the processing and issuance of all required permits, clearances and licenses: Provided, That for
+the foregoing purpose, the respective ceilings for socialized, low cost/economic and middle-
+income housing shall be jointly determined by the Department and the NEDA: Provided,
+Further, That at any time, but not more often than once every two (2) years, such ceilings may
+be reviewed or revised to conform to prevailing economic conditions. All agencies involved in
+the issuance of said permits, clearances and licenses shall be represented in the SHOPC and shall
+assign to SHOPC regional centers personnel who shall be sufficiently authorized to process and
+issue the same.
+
+SEC. 42. Identification and Designation of Lands for Housing and Urban
+Development, - The Department of Housing and Urban Development (DHUD), the Department
+of Agrarian Reform (DAR) and the Department of Agriculture (DA) shall, within ninety (90)
+days from effectivity of this Act, jointly identify agricultural lands which under Republic Act
+No, 6657, otherwise known as the Comprehensive Agrarian Reform Law, and other existing
+laws, rules and regulations are already exempted from conversion requirements and which can be
+devoted for housing and urban development purposes: Provided, That the list shall exclude
+lands that are declared as non-negotiable for or protected from conversion under existing laws
+and issuances and those lands covered under Republic Act No. 6657: Provided, further, That the
+designation of lands for housing and urban development purposes shall neither prejudice the
+rights of qualified beneficiaries under Republic Act No. 6657 nor undermine the protected
+agricultural areas intended to ensure the attainment of food security under Republic Act No.
+8435, otherwise known as the Agriculture and Fisheries Modernization Act (AFMA) and other
+existing laws: Provided, finally, That in the case of lands exempted from conversion and those
+whose application for conversion has been approved by the DAR, the applicant shall be allowed
+to proceed with any horizontal or vertical development without need for any prior clearance or
+approval form the DAR or DA consistent with the terms of the approved order of conversion.
+
+SEC. 43. Creation of an Advisory Committee, - The Department, within thirty (30) days
+from the effectivity of this Act, an advisory committee consisting of key representatives from the
+urban poor organizations and other marginalized groups, non-government organizations,
+academe, private sector, local government, the Presidential Commission for the Urban Poor
+(PCUP), and national government agencies shall be created to provide a forum for broader sector
+
+participation and dialogue on key housing and urban development issues and policies. The
+
+26
+
+
+representatives of the urban poor and other marginalized groups shall be selected by their
+respective National Anti-Poverty Commission (NAPC) sectoral councils.
+
+SEC. 44, Disclosure and Divestment of Financial Interest, — Before assumption into
+office, the Secretary, the Undersecretaries and the Assistant Secretaries shall submit to the CSC a
+list all companies, partnerships or business enterprises, including non-profit organizations, in
+which they or any immediate member of their families within the second degree of consanguinity
+or affinity, have any form of financial interest or employment relationship, including
+consultancy: Provided, However, That all other forms of employment relationship held by the
+heads of the Offices of the Department shall be immediately terminated upon assumption into
+office.
+
+Within thirty (30) days thereafter, complete divestment of financial interests in any
+institution, form or company which falls under the supervisory or regulatory jurisdiction of the
+Department shall be made: Provided, However, That in cases where confirmation of
+appointments by the Commission of Appointments is required, the divestment, mandated herein
+shall be complied within thirty (30) days after such confirmation.
+
+‘The divestment provided in the preceding paragraph shall likewise apply to the members
+or the immediate members of their families within the second degree of consanguinity having
+interest in any institution or activity which falls under the regulatory jurisdiction and supervision
+of the Department and the attached agencies and corporations.
+
+SEC. 45. Relationship with Other Government Departments. — The Department and its
+priority projects shall enjoy preferential attention from the DENR, DAR, DA, Department of
+Justice and the LGUs, relative to the issuance of necessary permits and licenses necessary for the
+implementation of housing and urban development programs and projects.
+
+Upon request of the Department or any of its bureaus, all government agencies with
+functions relative to the approval of the projects of the Departments or its duly authorized and
+endorsed entities, whether government or private, shall act upon and resolve the matter within
+ten (10) working calendar days. Toward this end, the Secretary with the approval of the
+President may establish an inter-agency Secretariat for the purpose of expediting the approval of
+said projects,
+
+SEC. 46. Mandatory Review Two (2) Years After the Enactment of this Act. ~ The
+Department shall review the charters and mandates of attached agencies and corporations and
+recommend the necessary legislation to ensure consistency with the policy of this Act and avoid
+duplication of functions or any other dysfunction among the attached agencies and corporations.
+
+27
+
+
+SEC. 47. Formulation of the Implementing Rules and Regulations. — Within three (3)
+months after the approval of this Act, the President shall convene an Inter-Agency Committee
+that shall formulate and issue the appropriate rules and regulations necessary for the efficient and
+effective implementation of any and all provisions of this Act, including applicable existing
+housing laws, formation of homeowners association to manage subdivision and condominium
+projects and availment of loans on terms easily affordable to all.
+
+The Inter-Agency Committee shall be composed of the following:
+
+(a) The Secretary of the DHUD, as Chairman;
+
+(b) The Secretaries of DOF, DILG, DAR, and DENR;
+
+(©) The heads of the GSIS, SSS, NHA, NHMFC, REAC, HDMF, and HGC;
+
+(d) The Chairpersons of the Senate Committees on Finance and Housing, Resettlement
+and Urban Planning; and House Committee on Government Reorganization, Housing and Urban
+Development, Government Enterprises and Privatization and Appropriations;
+
+(©) Two (2) representatives each from the dominant urban poor organization and NGOs,
+to be appointed by the Chairpersons of Joint Congressional Committee, and
+
+(£) Two (2) representatives each form the respective organizations of real estate brokers,
+teal estate appraisers and real estate consultants.
+
+SEC, 48. Penal Provision. - The Department shall impose an maximum imposable fine
+for violations of its standards, rules and regulations should not exceed Five hundred thousand.
+pesos (500,000.00): Provided, That said limit shall be accordingly adjusted by the Secretary, and
+such adjustment shall be reflective, but not exceed the annual rate of increase, of the Consumer
+Price Index: Provided, further, That the Secretary may adjust such rates not more than once
+every three (3) years,
+
+SEC. 49, Separability Clause. — If, for any reason or reasons, any part or provision of
+this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are
+not affected thereby shall continue to be in full force and effect.
+
+SEC. 50. Repealing Clause. — Provisions of laws, decrees, orders, proclamations, rules,
+regulations or parts thereof which are inconsistent herewith are hereby repealed, amended or
+modified accordingly.
+
+SEC. 51, Effectivity. — This Act shall take effect fifteen (15) days following its complete
+publication in at least two (2) national newspapers of general circulation.
+
+Approved,
+
+28

data/document/hb/13/00001-01000/HB-00070.txt

@@ -0,0 +1,609 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+70
+
+HOUSE BILL NO.
+
+Introduced by: REP. RAUL V. DEL MAR.
+
+EXPLANATORY NOTE
+
+There is no gainsaying the vital role of the real estate industry in the economic
+development of the country. A real estate transaction has a multiplier on the country’s
+economy.
+
+It is a sad commentary on the degree of attention and importance that government
+has accorded the real industry and its tremendous impact on the economy that to date, it
+continues to be govemed by hodgepodge administrative issuances of governmental
+agencies and just a sprinkling of legislative enactments, No effort has been exerted thus
+far to enact a comprehensive legislation to govern real estate transactions and the practice
+attendant thereto,
+
+As consequence, the public has fallen victim to unwholesome, if not altogether
+anomalous, practices in real estate transactions. Unscrupulous parties involved in these
+practices have gone unpunished mainly because of the dearth of effective legislation.
+
+‘To safeguard public interest, there is a need to enact a comprehensive piece of
+legislation calculated to accord the real estate industry the due recognition that it deserves
+as a vital component in national development and at the same time upgrade and
+professionalize the real service practice in the country.
+
+‘The attached bill hopes to meet such a need.
+
+The attached bill is a consolidation of the provisions of existing executive
+issuances — Ministry Order No. 39. series of 1985, and subsequent issuances — and of
+House Bill No. 8585 which the House passed during the Second Regular Session of the
+Tenth Congress but which the Senate failed to act upon, and of Senate Bill No. 792 which
+also remained pending until the end of the term of the Eleventh Congress.
+
+Principally, the attached bill elevates the real estate service practice that is real
+estate brokerage, appraisal and consultancy, to the category of a profession, and places
+these realty service practitioners under the jurisdiction of the Professional Regulatory
+Commission.
+
+
+In addition to existing rules governing the examination, registration and licensing
+of realty service practitioners, the attached bill provides for the integration of all realty
+service practitioners into one national organization.
+
+To deter unlicensed practice, the bill provides for stiffer penalties.
+
+Passage of the attached bill is, therefore, eamestly requested.
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+70
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+REGULATING THE PRACTICE OF REAL ESTATE SERVICE IN THE
+PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL
+REGULATORY BOARD OF REAL ESTATE SERVICE, APPROPRIATING
+FUNDS THEREFOR AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+ARTICLE I
+
+TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
+
+SECTION 1. Title. - This Act shall be known as the “Real Estate Service
+Act of the Philippines.”
+
+Sec, 2. Declaration of Policy. - The State recognizes the vital role of real estate
+service practitioners in the social, political, economic development and progress of the
+country. Real estate services shall therefore be professionalized, upgraded and regulated
+to become more globally qualitative and competitive.
+
+SEC. 3. Definition of Terms. As used in this Act, the following terms shall mean:
+
+(a) “Real estate” refers to the land, building or other improvements permanently
+attached to the land, including the rights and interest therein. It shall include rural and
+urban land, and the development thereof which may be residential, commercial,
+industrial, agricultural, aquacultural, land reclamation, building or housing projects either
+for individual or condominium ownership, memorial parks, town houses, club houses,
+and others of similar nature.
+
+(b) “Real estate development project” means the development of land for
+residential, commercial, industrial, agricultural, institutional or recreational purposes, or
+any combination of such, including but not limited to tourist resorts, reclamation
+
+
+Projects, building or housing projects whether for individual or condominium ownership,
+memorial parks, and others of similar nature.
+
+(c) “Real estate service practitioners” shall refer to and consist of the following:
+
+(1) Real estate broker - a duly licensed natural person who, for a fee, commission
+or other valuable consideration, acts as an agent of a party in a real estate transaction to
+offer, advertise, solicit, list, promote, mediate, negotiate, or effect the meeting of the
+minds on the sale, purchase, exchange, mortgage, lease, or joint venture or other similar
+‘transactions on real estate or any interest therein.
+
+(2) Real estate appraiser - a duly licensed natural person who, in expectation of a
+fee, compensation or other valuable consideration, offers or renders services in estimating
+and arriving at an opinion of or act as an expert on real estate values, such services of
+which shall be finally rendered by the preparation of the report in acceptable written
+form.
+
+(3) Real estate consultant - a duly licensed natural person who, for a fee,
+compensation or other valuable consideration, offers or renders professional advise and
+Judgment on: (a) the acquisition, enhancement, preservation, utilization or disposition of
+lands or improvements thereon: and (b) the conception, planning, management, and
+development of realty projects.
+
+(4) Real estate salesperson — a natural person who performs for and in behalf of a
+real estate broker who is registered/licensed by the Professional Regulatory Board of Real
+Estate Service.
+
+ARTICLE
+PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE
+
+SEC. 4. Creation and Composition of the Board. - There is hereby created a
+Professional Regulatory Board of Real Estate Service, hereinafter referred to as the
+Board, under the supervision and administrative control of the Professional Regulation
+Commission, hereinafter referred to as the Commission, composed of a chairperson and
+two (2) members who shall be appointed by the President of the Philippines from a list of
+three (3) recommendees for each position, chosen and ranked by the Commission from a
+list of five (5) nominees for each position submitted by the accredited and integrated
+professional organization of real estate service practitioners.
+
+‘The first Board shall be organized within thirty (30) days from the effectivity of
+this Act.
+
+
+SEC. 5. Powers and Functions of the Board. ~ The Board is hereby vested the
+following powers and functions:
+
+(a) Provide comprehensive policy guidelines for the promotion and development of
+the real estate industry;
+
+(b) Promulgate, administer and enforce rules and regulations necessary for carrying
+out the provisions of this Act;
+
+(c) Supervise and regulate the registration, licensure and practice of real estate
+service in the Philippines;
+
+(a) Administer oaths in affirmations;
+
+(©) Adopt an official seal of the Board;
+
+(f) Issue, reinstate, suspend or revoke after due notice and hearing certificate of
+registration/professional license or professional identification card for the practice of the
+real estate service;
+
+(g) Monitor the conditions affecting the practice of real estate service and adopt
+such measures as may be proper for the enhancement of the profession and/or the
+maintenance of high professional, ethical and technical standards;
+
+(h) Draw up recommendations to government agencies or departments concerned
+for the purpose of rationalizing and coordinating real estate transactions;
+
+(i) Prescribe and/or adopt a code of ethics for the practice of the real estate service;
+
+() Hear or investigate any violation of this Act, implementing rules and
+regulations, and the code of ethics for real estate service practitioners as shall come to the
+knowledge of the Board and for this purpose, to issue subpoena and subpoena duces
+tecum to secure the appearance of witnesses and the production of documents in
+connection therewith;
+
+(&) In coordination with the accredited and integrated professional organization of
+real estate practitioners, monitor all forms of advertisements, announcements, signboards,
+billboards, pamphlets, brochures and others of similar nature concerning real estate and
+provide every possible safeguard to protect legitimate and licensed real estate service
+practitioners and in pursuance thereof, exercise its judicial and police powers to finally
+and completely eradicate the pernicious practices of unauthorized and unlicensed
+individuals or “colorums” engaged in real estate service;
+
+(1) Prescribe guidelines and criteria for the Continuing Professional Education
+(CPE) program for real estate service practitioners after consultation with the accredited
+and integrated professional organization of real estate service practitioners, and prescribe
+
+
+policies necessary for upgrading, enhancement, development and growth of real estate
+education in the Philippines;
+
+(m) Screen, issue and monitor permits to organizations of real estate professionals
+in the industry to conduct seminars and to accredit such seminars, as well as the
+instructors or lecturers therein for the purpose of upgrading the quality and knowledge of
+the profession;
+
+(n) Conduct examinations as prerequisite to the practice of the profession and issue,
+adopt and prepare syllabi of the subjects for examination by determining and preparing
+the questions which shall strictly be within the scope of the syllabus of the subject for
+‘examination;
+
+(0) Monitor the activities of the accredited and integrated professional organization
+and other associations of real estate service practitioners; and
+
+(n) Discharge such other powers, duties and functions as the Commission may
+deem necessary to carry out the provisions of this Act.
+
+The policies, resolutions, and rules and regulations issued or promulgated by the
+Board shall be subject to the review and approval by the Commission. However, the
+Board’s decisions, resolutions or orders which are not interlocutory, rendered in an
+administrative case, shall be subject to review by the Commission only if on appeal.
+
+SEC. 6. Qualification of the Chairperson and Members of the Board. - The
+chairperson and members of the Board shall, at the time of their appointment, possess the
+following qualifications:
+
+(a) Must be a citizens and resident of the Philippines;
+
+(b) Must be a holder of at least a bachelor’s degree;
+
+(c) Must be an active licensed practitioner of the real estate service, either as real
+estate broker, appraiser or consultant for at least ten (10) years prior to his/her
+appointment;
+
+(@) Must be a bonafide member of the accredited and integrated professional
+organization of real estate service practitioners but not an officers at the time of his/her
+appointment;
+
+(e) Must neither be a member of the faculty of an institute, school or college of
+real estate service nor have any pecuniary interest, direct or indirect, in any institution or
+association where review classes or lectures in preparation for the licensure examination
+are being offered or conducted; and
+
+
+(£) Must be of good moral character and must not have been convicted by final
+judgment by a competent court of a criminal offense involving moral turpitude.
+
+SEC. 7. Term of Office. - The chairperson and members of the Board shall hold
+office for a term of three (3) years from the date of their appointment and until their
+successor/s shall have been appointed and duly qualified: Provided, That members of the
+first appointed Board shall hold office for the following terms: one (1) member as
+chairperson for three (3) years, one (1) member for two (2) years and one (1) member for
+one (1) year.
+
+‘The chairperson and members of the Board may be reappointed for another term
+but in no case shall he/she serve continuously for more than six (6) years. Any vacancy
+in the Board shall be filled for the unexpired portion of the term only. The chairperson
+and members of the first Board shall automatically be registered and issued with a
+certificate of registration/professional license and professional identification card.
+
+Each member of the Board shall take the proper oath of office prior to the
+assumption of duty.
+
+SEC. 8. Compensation and Allowances of the Chairperson and Members of the
+Board, - The chairperson and members of the Board shall receive compensation and
+allowances comparable to the compensation and allowances received by the chairperson
+and members of existing professional regulatory boards under the Commission es
+provided for in the General Appropriations Act,
+
+SEC. 9. Removal of the Chairperson and Members of the Board. - The
+chairperson or any member of the Board may be suspended or removed by the President
+of the Philippines upon recommendation of the Commission for neglect of duty, abuse of
+power, oppression, incompetence, unprofessional, unethical, immoral or dishonorable
+conduct, commission or toleration of irregularities in the conduct of examination or
+tampering of the grades therein, or for any final judgment or conviction of any criminal
+offense involving moral turpitude by the court after having been given the opportunity to
+defend himself/herself in a proper administrative investigation.
+
+SEC. 10. Supervision of the Board, Custodian of its Records, Secretariat and
+Support Services. - The Board shall be under the general supervision and administrative
+control of the Commission. All records of the Board, including applications for
+examination, examination papers and results, minutes of deliberations, administrative and
+other investigate cases involving real estate service practitioners, shall be kept by the
+Commission. The Commission shall designate the secretary of the Board and shall
+
+
+Provide the secretariat and other support services to implement the provisions of this Act
+subject to the usual government accounting and auditing rules and regulations.
+
+SEC. 11. Annual Report. — The Board shall, at the close of each calendar year,
+submit an annual report to the Commission, giving a detailed account of its proceedings
+and accomplishments during the year and recommending measures to be adopted with the
+end-in-view of upgrading and improving the conditions affecting the practice of real
+estate service in the Philippines.
+
+ARTICLE I
+LICENSURE EXAMINATION AND REGISTRATION
+
+SEC. 12. Licensure Examination, - Every applicant seeking to be registered and
+licensed as a real estate service practitioner, except a real estate salesperson, shall
+undergo an examination as provided for in this Act. Examinations for the practice of real
+estate service in the Philippines shall be given by the Board at least once every year in
+such places and dates as the Commission may designate.
+
+Sec, 13. Scope of Examination. - An examination shall be given to the licensure
+applicants for real estate brokers, real estate appraisers and real estate consultants, which
+shalt include but not limited to the following:
+
+(a) For real estate brokers — Fundamentals of property ownership; legal
+requirements for real estate practice; real estate brokerage practice; practical appraisal for
+teal estate broker; site location and map reading; subdivision development; condominium
+concept; real estate financing; taxation; economics; basic principles of ecology; urban
+and rural land use; planning, development and zoning; legal aspect of sale, mortgage,
+lease, documentation and registration; agrarian and urban reform laws; code of ethics;
+and any other related subjects as may be determined by the Board.
+
+(b) For real estate appraisers — General real estate information; theories and
+principles in appraisal; human and physical geography; methodology of appraisal
+approaches and research; practical appraisal mathematics; appraisal report writing; laws
+affecting real estate appraisal; income and investment problems; appraisals of
+machineries and equipment; case studies; agrarian and urban land reform laws; code of
+ethics; and any other related subjects as may be determined by the Board.
+
+(©) For real estate consultants - Pre-investment/feasibility studies; design; process
+innovation; construction/installation and other technical services on special studies;
+agrarian and urban land reform laws; code of ethics; and any other related subjects as
+may be determined by the Board.
+
+
+To conform with technological and modem changes, the Board may recluster,
+rearrange, modify, add or exclude any of the foregoing subjects as the need arises.
+
+SEC. 15. Qualifications of Applicants for Examinations. - In order to be
+admitted to the licensure examination for real estate service, a candidate shall, at the time
+of filing his application, establish to the satisfaction of the Board that:
+
+(a) He is a citizen of the Philippines;
+
+(b) He is at least be eighteen (18) years of age;
+
+(©) He is a holder of a bachelor’s degree from a school, university or institution
+duly recognized by the Commission on Higher Education (CHED);
+
+(d) He has attended and completed an appropriate real estate seminar given by
+accredited entities; and
+
+(c) He is of good moral character and must have been convicted of any crime
+involving moral turpitude: Provided, That an applicant for the licensure examination for
+real estate appraisers must show proof that he has at least five (5) years experience as a
+licensed real estate broker, or as an assessor, or as bank or institutional appraiser, or an
+employed person performing real property valuation: Provided, further, That an
+applicant for the licensure examination for real estate consultants must show proof that he
+has at least ten (10) years experience as a licensed real estate broker or at least five (5)
+years experience as a licensed real estate appraiser.
+
+All applicants for examination shall be filed with the Board which shall assess
+and approve the said applications and issue to the qualified examinees the corresponding
+permit to take such examination.
+
+SEC. 15. Ratings in the Examination. - In order that a candidate may be
+deemed to have successfully passed the examination, he must have obtained an average
+of at least seventy-five percent (75%) in all subjects, with no rating below fifty percent
+(50%) in any subject.
+
+SEC. 16, Release of the Results of Examination. - The results of the licensure
+examination shall be released by the Board within ten (10) days from the last day of the
+‘examination.
+
+SEC. 18, Issuance of the Certificate of Registratton/Professional License and
+Professional Identification Card. — A certificate of registration/professional license shall
+be issued to examinees who pass the licensure examination for real estate service subject
+to payment of fees prescribed by the Commission. The certificate of
+
+
+registration/professional license shall bear the signature of the chairperson of the
+‘Commission and the chairperson and members of the Board, stamped with the official
+seal of the Commission, indicating that the person named therein is entitled to practice
+the profession with all the benefits and privileges appurtenant thereto. This certificate of
+registration/professional license shall remain in full force and effect until revoked or
+suspended in accordance with this Act.
+
+A professional identification card bearing the registration number, date of issuance,
+expiry date, duly signed by the chairperson of the Commission, shall likewise be issued
+to every registrant upon payment of the required fees. This professional identification
+card shall be renewed every three (3) years and upon satisfying the requirements of the
+Board, such as but not limited to attendance in the Continuing Professional Education
+(CPE) program.
+
+SEC. 18. Refusal to Register. - The Board shall not register and issue a certificate
+of registration/professional license to any successful examinee who has been convicted
+by a court of competent jurisdiction of any criminal offense involving moral turpitude or
+has been found guilty of immoral or dishonorable conduct after investigation by the
+Board, or has been declared to be of unsound mind. The reason for the refusal shall be
+set forth in writing.
+
+SEC. 19. Revocation or Suspension of the Certificate of
+Registration/Professional License and Professional Identification Card. — The Board
+may, after giving proper notice and hearing to the party concemed, revoke the certificate
+of registration/professional license and professional identification card of a real estate
+service practitioner or suspend him/her from the practice of the profession for any
+unprofessional or unethical conduct, malpractice, or violation of any of the provisions of
+this Act, its implementing rules and regulations, and the code of ethics for real estate
+service practitioners.
+
+SEC. 20. Registration Without Examination. — Upon application and payment
+of the required fees, those who, on the date of the effectivity of this Act, are already
+licensed as real estate broker, real estate appraiser, or real estate consultant by the Bureau
+of Domestic Trade by virtue of Ministry Order No. 39, as amended, shall be registered
+and issued by the Board and the Commission a certificate of registration/professional
+license and professional identification card without taking the prescribed examinations:
+Provided, That they shall file their application within two (2) years from the effectivity of
+
+
+this Act: Provided further, That the renewal of the professional identification card is
+subject to the provisions of Section 17 hereof.
+
+SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of
+Registration/Professional License and Professional Identification Card, - The Board
+may, upon application and for reasons deemed proper and sufficient, reinstate any
+revoked certificate of registration/professional license and reissue a suspended
+professional identification card, and in so doing it may, in its discretion, exempt the
+applicant from taking another examination.
+
+A new certificate of registration/professional license or professional identification
+card may be issued to replace lost, destroyed or mutilated ones subject to rules as may be
+promulgated by the Board.
+
+SEC. 22. Roster of Real Estate Service Practitioners. — The Board shall prepare,
+update and maintain a roster of real estate service practitioners which shall contain the
+names of all registered real estate service practitioners, their residence and office
+addresses, dates of registration or issuance of certificates, and other data which the Board
+may deem pertinent.
+
+The roster shall be open to the public, copies of which shall be sent to each real
+estate service practitioner listed therein.
+
+SEC. 23. Issuance of Special or Temporary Permit. - Upon application and
+payment of the required fees, and subject to the approval of the Commission, the Board
+may issue special or temporary permit to real estate service practitioners for the purpose
+of promoting or enhancing the practice of the profession in the Philippines.
+
+SEC. 24, Foreign Reciprocity. — No foreign real estate service practitioner shall
+be admitted to the licensure examination or be given a certificate of
+registration/professional license or professional identification card or be entitled to any of
+the privileges under this Act unless the country of which he/she is a citizen specifically
+allows Filipino real estate service practitioners to practice within its territorial limits on
+the same basis as the citizens of such foreign country.
+
+ARTICLE IV
+PRACTICE OF REAL ESTATE SERVICE
+
+SEC. 25. Oath. - All successful examinees qualified for registration and all
+qualified applicants for registration without examination as well as licensed salespersons
+shall be required to take an oath of profession before any member of the Board or any
+
+
+government official authorized by the Commission to administer oaths prior to entering
+into the practice of real estate service in the Philippines.
+
+SEC. 26. Acts Constituting the Practice of Real Estate Service.- Any single act
+or transaction embraced within the provisions of Section 3 hereof shall constitute an act
+of engaging in the practice of real estate service.
+
+SEC. 27. Exemptions from the Acts Constituting the Practice of Real Estate
+Service. - The provisions of this Act and its rules and regulations shall not apply to the
+following:
+
+(a) Any person, natural or juridical, who shall directly perform by himself the acts
+mentioned in Section 3 hereof with reference to his or its own property;
+
+(b) Any receiver, trustee or assignee in bankruptcy or insolvency proceedings;
+
+(©) Any person acting pursuant to the order of any court of justice;
+
+(d) Public officers while performing their official duties; and
+
+(©) Any person who is duly constituted attomey in fact for purposes of sale,
+mortgage, lease or exchange or other similar contracts of real estate.
+
+SEC. 28. Prohibition Against the Unauthorized Practice of Real Estate Service.
+~ No person shall practice or offer to practice real estate service in the Philippines or
+offer himself/herself as real estate service practitioner, or use the title, word, letter, figure,
+or any sign tending to convey the impression that one is a real estate service practitioner,
+or advertise or indicate in any manner whatsoever that one is qualified to practice the
+profession unless he/she has satisfactorily passed the licensure examination given by the
+Board, except as otherwise provided in this Act, and is a holder of a valid certificate of
+registration/professional license and professional identification card or a valid
+special/temporary permit duly issued to him/her by the Board and the Commission.
+
+SEC. 29. Custody and Supervision of Real Estate Salespersons. — A real estate
+salesperson shall be under the custody and direct supervision of a real estate broker. As
+such, he/she cannot by himself/herself be a signatory to a written agreement involving a
+real estate transaction unless the real estate broker who has custody and direct
+supervision over hinvher is also s signatory thereto. No real estate salesperson can
+negotiate, mediate or transact any real estate transaction for and in behalf of a real estate
+broker without first securing an authorized permit as real estate salesperson for the real
+estate broker and/or company he is working for as prescribed by the Board. A real estate
+broker shall be guilty of violating this Act for employing or utilizing the services of a real
+
+
+estate salesperson who has not secured the required professional license prior to such
+employment,
+
+SEC. 30. Corporate Practice of the Real Estate Service. -
+
+(a) No partnership or corporation shall engage in real estate service practice
+unless it is duly licensed by the Board and registered with the Securities and Exchange
+Commission (SEC), and the persons authorized to act for the partnership or corporation
+are all duly licensed as brokers, appraisers or consultants, as the case may be. The
+partnership or corporation shall regularly submit a list of its real estate service
+practitioners to the Commission and to the SEC as part of its annual reportorial
+requirements.
+
+(b) Divisions or departments of corporations and partnerships engaged in
+marketing or selling any real estate development project in the regular course of business
+must be a full-time licensed real estate broker.
+
+In case of resignation or termination from employment of a real estate service
+practitioner, the same shall be reported by the employer to the Board within a period not
+to exceed fifteen (15) days from the date of effectivity of the resignation or termination,
+
+Subject to the provisions of the Labor Code, a corporation or partnership may hire
+the services of licensed real estate brokers, appraisers or consultants on commission basis
+to perform real estate services and the latter shall be deemed independent contractors and
+not employees of such corporation or partnership.
+
+SEC. 31. Display of License in the Place of Business, - Every licensed real
+estate service practitioner shall establish and maintain a principal place of business and
+such other branch offices as may be necessary and shall conspicuousty display therein the
+original and/or certified true copies of his/her certificate of registration/professional
+license as well as the licenses of all real estate service practitioners employed in such
+office.
+
+SEC. 32. Accreditation and Integration of Real Estate Service Practitioners. -
+All real estate service practitioners shall be integrated into one national organization,
+which shall be recognized by the Board as the one and only accredited and integrated
+professional organization of real estate service practitioners. A real estate service
+practitioner duly registered with the Board shall automatically become a member of the
+accredited and integrated professional organization of real estate service practitioners and
+shall receive the benefits and privileges appurtenant thereto. Membership in the
+
+
+accredited and integrated professional organization of real estate service practitioners
+shall not be a bar to membership in other associations of real estate service practitioners.
+
+SEC. 33. Code of Ethics for Real Estate Service Practitioners. — The Board
+shall adopt and promulgate the Code of Ethics for Real Estate Service Practitioners which
+shall be prescribed and issued by the accredited and integrated professional organization
+of real estate service practitioners.
+
+SEC. 34. Continuing Professional Education (CPE) Program. - The CPE
+guidelines shall be prescribed and promulgated by the Board upon consultation with the
+accredited and integrated professional organization of real estate service practitioners,
+and other concerned sectors, and in accordance with such policies as may have been
+prescribed in coordination with the CHED. The Board shall create a CPE Council that
+shall be composed of policies as may have been prescribed in coordination with the
+CHED. The Board shall create a CPE Council that shall be composed of a chairperson
+coming from the Board, a member from the accredited and integrated professional
+organization of real estate service practitioners and a member from the academe.
+
+ARTICLE V
+PENAL AND FINAL PROVISIONS
+
+SEC. 35. Penal Provisions. - Any violation of this Act, including violations of
+implementing rules and regulations, shall be meted the penalty of a fine of not less than
+One hundred thousand pesos (P100,000.00), or imprisonment of not less than two (2)
+years, or both such fine and imprisonment upon the discretion of the court. In case the
+violation is committed by unlicensed realty service practitioners, the penalty shall be
+double the aforesaid fine and imprisonment.
+
+In case the violation is committed by a partnership, corporation, association or
+any other juridical person, the partner, president, director or manager who has committed
+or consented to or knowingly tolerated such violation shall be held directly liable and
+responsible for the acts as principal or as a or as a co-principal with the other participants,
+if any.
+
+In case the offender is a government official or employee, he/she shall, in addition
+to the above penalties, be deemed automatically dismissed from office and permanently
+disqualified from holding any elective or appointive position.
+
+SEC. 36. Appropriations. — The chairperson of the Professional Regulation
+Commission (PRC) shall immediately include in the Commission's programs the
+
+
+implementation of this Act, the funding of which shall be included in the annual General
+Appropriations Act and thereafter.
+
+SEC. 37. Transitory Provision. — Within ninety (90) days after the effectivity of
+this Act, the Department of Trade and Industry (DTI) shall transfer all pertinent records,
+documents and other materials to the Professional Regulatory Board of Real Estate
+Service.
+
+SEC. 38. Implementing Rules and Regulations. ~ Within ninety (90) days after
+the effectivity of this Act, the Commission, together with the Board, the accredited and
+integrated professional association of real estate service practitioners, and the CHED
+shall prepare the necessary rules and regulations, including the code of ethics for real
+estate service practitioners, needed to implement the provisions of this Act.
+
+SEC. 39. Separability Clause. — If any clause, sentence, paragraph or part of this
+Act’ shall be declared unconstitutional or invalid, such judgment shall not affect,
+invalidate or impair any other part of this Act.
+
+SEC. 40, Repealing Clause. — All laws, decrees, executive orders, memorandum
+orders, and other administrative issuances and parts thereof which are inconsistent with
+the provisions of this Act are hereby modified, superseded or repealed accordingly.
+
+SEC. 41. Effectivity. - This Act shall take effect fifteen (15) days following its
+publication in the Official Gazette or in a major daily newspaper of general circulation in
+the Philippines.
+
+Approved,

data/document/hb/13/00001-01000/HB-00071.txt

@@ -0,0 +1,557 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+71
+
+HOUSE BILL
+
+Introduced by : REP, RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+This Bill seeks to upgrade the total practice of the Dentistry profession to keep
+pace with developments in the field and in allied disciplines and activities, particularly
+the current focus on public health and safety which are also areas of concern of Dentistry
+Profession.
+
+The current practice of the Dentistry profession is regulated by a 1965 legislation
+which the community of Dentistry feels has not fully addressed the varied aspects of the
+practice of the profession and whose rules and regulations have yet to find full
+implementation,
+
+The passage of this proposed law will go along way in professionalizing the ranks
+of the practitioners in the community and in giving the profession the public recognition
+it deserves.
+
+In this context, passage of the Bill is earnestly requested.
+
+hr Penn
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+71
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+
+TO REGULATE THE PRACTICE OF DENTISTRY, DENTAL HYGIENE AND
+DENTAL TECHNOLOGY IN THE PHILIPPINES, REPEALING FOR THE PURPOSE
+REPUBLIC ACT NO. 4419, OTHERWISE KNOWN AS “AN ACT TO REGULATE THE
+PRACTICE OF DENTISTRY IN THE PHILIPPINES, AND FOR OTHER PURPOSES”,
+AND REPUBLIC ACT NO. 768, OTHEWISE KNOWN AS “AN ACT TO REGULATE
+THE PRACTICE OF DENTAL HYGIENISTS IN THE PHILIPPINES AND FOR
+OTHER PURPOSES”, APPROPRIATING FUNDS THEREFOR.
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
+assembled
+
+ARTICLE I
+‘TITLE, STATEMENT OF POLICY, OBJECTIVES,
+AND SCOPE OF PRACTICE
+SECTION 1. TITLE. - This Act shall be known as “The Philippine Dental Act of 2004”,
+SEC. 2, STATEMENT OF POLICY. ~ That State recognizes the importance of dentist,
+dental hygienists and dental technologists in nation-building. Hence, it shall develop and nurture
+competent, productive, morally-upright, and well rounded dentists, dental hygienists and dental
+technologists whose standards of professional practice and service shall be excellent, qualitative,
+world-class and internationally recognized, globally competitive through regulatory measures,
+programs and activities that foster their continuing professional development.
+SEC, 3. OBJECTIVES. - This Act provides for:
+(2) The regulation, control, and supervision of the practice of dentistry, dental hygiene
+and dental technology in the Philippines;
+(b) The giving of licensure examination to graduates of recognized dental schools of
+dentistry, dental hygiene and dental technology for the purpose of registration;
+
+
+(c) The accreditation of the various specialties of dentistry;
+
+(@) The promotion and development of continuing dental education and research in the
+country;
+
+(€) The enforcement of the Code of Ethics and Code of Dental Practice in the Philippines;
+and
+
+(® The stipulation of penalties for infractions or violations of this Act or any other laws,
+Tules and regulations authorized under the provisions of this Act.
+
+SEC. 4, DEFINITION AND SCOPE OF PRACTICE,
+
+(a) Dentist — a person who is a holder of a valid certificate of registration/professional
+license and professional identification card in Dentistry and who renders dental service within
+‘the meaning and intent of this Law who for a fee, salary, compensation or reward, paid to him or
+through another, or even without such compensation or reward, performs any operation or part of
+an operation, upon the human oral cavity, jaws, teeth and surrounding tissues; prescribes drugs
+or medicines for the treatment of oral diseases or lesions, or prevents and/or corrects
+malpositions of the teeth or implantation of artificial substitutes for lost teeth; and teaches
+subjects in the licensure examination; or engages in dental research. Provided, however, that this
+provision shall not apply to dental technologists engaged in the mechanical construction of
+artificial dentures or fixtures or other oral devices, as long as none of such procedures is done
+inside the mouth of the patient; nor shall this provision apply to students of dentistry undergoing
+practical training in a legally constituted dental school or college under the direction or
+supervision of a member of the faculty who is duly licensed to practice dentistry in the
+Philippines; or to registered dental hygienists who may be allowed to perform preventive oral
+hygiene procedures and other procedures or to underboard dental graduates working as dental
+assistants to licensed and registered dentist authorized to practice dentistry in the Philippines
+‘who are engaged in private practice. Provided, further, that these underboard dental graduates
+work under their direct supervision.
+
+(b) Dental Hygienist - a person who is a holder of a valid certificate of
+registration/professional license and professional identification card and one who has undergone
+two years course in dental hygiene from a government recognized school under a college of
+dentistry and passing the prescribed board examination for dental hygienist, renders oral health
+promotion and preventive measures, performs scaling and polishing, oral examination, taking
+brief clinical history, taking radiograph, and giving oral health education to patients under the
+supervision of a licensed dentist.
+
+
+(©) Dental Technologist - a person who is a holder of a valid certificate of
+registration/professional license and professional identification card and who renders technical
+services such as mechanical construction of artificial denture and other oral devices, and one
+who has finished in a two year certificate course in dental technology from any government
+recognized school under the college of dentistry.
+
+ARTICLE I
+THE PROFESSIONAL REGULATORY BOARD OF
+DENTISTRY
+
+SEC. 5. COMPOSITION OF THE BOARD. —There is hereby created a Professional
+Regulatory Board of Dentistry, hereinafter referred to as the Board, under the administrative
+control and supervision of the Professional Regulation Commission, hereinafter referred to as the
+Commission, composed of a Chairperson and four (4) members who shall be appointed by the
+President of the Philippines form the recommendees chosen and ranked by the Commission from
+a list of nominees submitted by the accredited professional organization.
+
+SEC. 6 POWERS AND FUNCTIONS OF THE BOARD, —The Board shall have the
+following powers and functions:
+
+(a) Promulgate, administer and enforce rules and regulations necessary for carrying out
+the provision of this Act;
+
+(b) Administer oaths in connection with the administration of this Act;
+
+(©) Study the conditions affecting the practice of dentistry, dental hygiene and dental
+technology in the Philippines;
+
+(d) Adopt or recommend such measures or discharge such duties, as may be deemed
+proper for the advancement of the profession and the vigorous enforcement of this Act;
+
+(e) Ensure, in coordination with the Commission on Higher Education (CHED),
+Accredited Professional Organization, and Association of Dental Colleges, that all educational
+institutions offering dentistry, dental hygiene, and dental technology comply with the policies,
+standards and requirements of the course prescribed by CHED in the areas of curriculum,
+faculty, library, and facilities;
+
+(f) Supervise and regulate the registration, licensure and practice of Dentistry, Dental
+Hygiene and Dental Technology in the Philippines;
+
+(g) Adopt an official seal of the Board;
+
+(h) Issue, reinstate, suspend or revoke the certificate of registration/professional license
+and professional identification card or cancel special permits for the practice of dentistry, dental
+hygiene and dental technology,
+
+
+(i) Prescribe and/or adopt a Code of Ethics and a Code of Dental Practice for the practice
+of dentistry, dental hygiene and dental technology;
+
+Gj) Prescribe guidelines and criteria in the Continuing Professional Education (CPE)
+program for dentistry, dental hygiene and dental technology:
+
+(k) Hear or investigate any violation of this Act, its implementing rules and regulations,
+and the code of ethics for dentists as shall come to the knowledge of the Board and for this
+Purpose, issue a subpoena duces tecum to secure the appearance of witnesses and the production
+of documents in connection therewith;
+
+(1) Accredit various specialties, dental societies/organizations;
+
+(m) Perform such other powers and functions as it may deem necessary to carry out the
+objectives of this Act.
+
+SEC. 7. QUALIFICATION OF THE CHAIRPERSON AND MEMBERS OF THE
+BOARD. - The Chairperson and members of the Board shall, at the time of his/her appointment,
+possess the following qualifications:
+
+(a) be a natural-bomn citizen of the Philippines and a resident thereof,
+
+(b) be a duly registered dentist in the Philippines with a valid certificate of
+registration/professional license and professional identification card;
+
+(c) be a member of good standing of the accredited professional organization for the last
+five years, Provided, That no member of the Board may qualify to any position, elective or
+appointive, in the accredited professional organizational during his/her incumbency as such;
+
+(d) have at least ten (10) years of continuous experience as a Dentist and preferably with
+three (3) years of teaching experience;
+
+(©) not be a member of the faculty of any school, college, or university where
+undergraduate and graduate courses in dentistry are taught and where dental hygiene and dental
+technology courses and review courses are offered, nor shall have, directly or indirectly, any
+pecuniary interest in such institution; and
+
+(8) not be connected in any capacity with any business enterprise, firm or company in the
+buying, selling or manufacture of dental goods, equipment, materials or supplies.
+
+SEC. 8. TERM OF OFFICE. — The members of the Board shall serve for a term of five
+(5) years after their appointment. The member serving the last year of his term shall
+automatically become the Chairperson of the Board and shall not be able to succeed
+himself/herself immediately after the expiration of his/her term of office so that term of one
+member shall be due to expire every year: Provided, however, that all appointments as
+Chairperson shall be approved by the President. Provided, further, that an appointment for any
+
+
+existing vacancy or vacancies shall be made within one (1) month from the time the vacancy
+‘occurred and shall be for the unexpired portion of the term only.
+
+SEC. 9. COMPENSATION AND ALLOWANCES OF THE BOARD. ~ The
+Chairperson and members of the Board shall receive compensation and allowances comparable
+to that being received by the Chairman and members of existing regulatory boards under the
+Commission as provided for in the General Appropriation Act.
+
+SEC. 10. SUSPENSION AND REMOVAL FROM OFFICE, - Any member of the
+Board may, upon the recommendation of the Commission after due process of law and
+investigation conducted by the Commission, be suspended or removed by the President from
+office for cause such as the examination, and unprofessional or dishonorable conduct.
+
+SEC. 11. SUPERVISION OF THE BOARD. - The Secretary of the Board shall be
+appointed by the Commission subject to the provisions of existing laws, and all records, and
+minutes of the deliberation of proceedings of the Board and other confidential documents shall
+be kept under the direct custody of the Commission. The Commission shall provide the
+secretariat and other support services to implement the provisions of this Act.
+
+SEC. 12, ANNUAL REPORT. - The Board shall, within sixty (60) days after the close
+of each fiscal year, prepare and submit an annual report to the Commission, giving a detailed
+account of the proceedings of the Board during the year, recommending measures to be adopted,
+with the end in view of upgrading and improving the conditions affecting the practice of
+Dentistry in the Philippines.
+
+ARTICLE II
+LICENSURE EXAMINATION AND REGISTRATION
+
+SEC. 13. EXAMINATION REQUIRED. - All applicants for registration for the
+practice of Dentistry, Dental Hygiene and Dental Technology shall be required to undergo a
+licensure examination to be given by the Board in such places and dates as the Commission may
+designate subject to the compliance with the requirements prescribed by the Commission.
+
+SEC. 14. QUALIFICATION FOR ADMISSION TO THE LICENSURE
+EXAMINATION. —
+
+A. For Dentistry ~ An applicant for the licensure examination for dentists shall establish
+to the satisfaction of the Board, that:
+
+(a) he/she is a citizen of the Philippines, or if a foreigner, must prove that the country of
+which he/she is a subject or citizen permits Filipino dentists to practice within its territorial
+jurisdiction on the same basis as the subjects or citizens of such country;
+
+(b) he/she has not been convicted of an offense involving moral turpitude;
+
+
+(©) he/she is a graduate of a recognized and legally constituted university, college, school
+or institute with a Degree of Doctor of Dental medicine or its equivalent.
+
+B. For Dental Hygiene — In order to be admitted to the licensure examination for dental
+hygienists, an applicant must at the time of filing his application thereof, establish to the
+satisfaction of the Board, that:
+
+(a) he/she is a citizen of the Philippine;
+
+(b) he/she possesses good moral character;
+
+(©) he/she had finished the two years certificate in dental hygiene conferred by a
+recognized and legally constituted college, or school of dentistry.
+
+C. For Dental Technology — In order to be admitted to the licensure examination for
+dental technology, an applicant must, at the time of filing his/her application thereof, establish to
+the satisfaction of the Board that:
+
+(a) he/she is a citizen of the Philippines;
+
+(b) he/she possesses good moral character,
+
+(© he/she had finished the two years certificate in dental technology conferred by a
+recognized and legally constituted college, or school of dentistry;
+
+(d) he/she has undergone on-the-job training in a registered/accredited dental laboratory
+for at least six (6) months.
+
+SEC. 15. SCOPE OF EXAMINATION. — An examination shall be given to the
+licensure applicants for dentists, dental hygienists, and dental technologists, which shall include,
+but not limited to, the following:
+
+(a) For Dentists - General anatomy, oral anatomy, general and microscopic anatomy and
+embryology, general and oral physiology, general and oral pathology, pharmacology,
+microbiology, nutrition, dental materials, restorative dentistry, prosthodontics, orthodontics,
+pedodontics, pediatric dentistry, oral physiology, anesthesiology, oral diagnosis and treatment
+planning, endodontics, periodontics, roentgenology, oral surgery, dental jurisprudence and
+ethics, community dentistry and practice management.
+
+(b) For Dental Hygienists - oral anatomy and physiology, dental materials,
+periodontology, roentgenology, preventive dentistry, pedodontics, dental anesthesia and
+pharmacology, pathology, and dental jurisprudence and ethics.
+
+(c) For Dental Technologists — oral anatomy, oral physiology, complete, fixed and
+removable prosthodontics, ceramics, orthodontic appliances, dental materials, dental
+jurisprudence, and ethics.
+
+
+‘The Board may recluster, rearrange, modify, add or exclude and prescribe subjects as the
+need arises.
+
+SEC. 16. RATINGS IN THE EXAMINATIONS. ~The licensure examination shall
+consist of both written and practical tests and in order to pass the examination, an examinee must
+obtain a general weighted average of at least seventy-five percent (70%), with no rating below
+fifty percent (50%) in any subject.
+
+SEC. 17. REPORT OF THE RESULTS OF THE EXAMINATIONS. ~ The Board
+shall submit to the Commission the ratings obtained by each candidate within twenty (20) days
+after the last day of examination unless extended for just cause.
+
+SEC, 18, OATH, — All successful examinees and registrants without examination shall
+be required to take a professional oath before any member of the Board or any other person
+authorized by the Commission or by law before they start their practice.
+
+SEC. 19. ISSUANCE OF THE CERTIFICATE OF REGISTRATION /
+PROFESSIONAL LICENSE AND PROFESSIONAL IDENTIFICATION CARD. - A
+certificate of registration/professional licenses shall be issued to examinees who pass the
+licensure examination for dentistry subject to payment of fees prescribed by the Commission.
+‘The certificate of registration/professionat license shall bear the signature of the chairperson of
+the Commission and the chairperson and members of the Board stamped with the official seal of
+the Board and the Commission, indicating that the person named therein is entitled to practice
+the profession with all the benefits and privileges appurtenant thereto. The certificate of
+registration/professional license shall remain in force and effect until revoked or suspended in
+accordance with this Act.
+
+A professional identification card bearing the registration number, date of issuance,
+expiry date, duly signed by the chairperson of the Commission shall likewise be issued to every
+registrant upon payment of the required fees. The professional identification card shall be
+renewed every three (3) years and upon payment of fees and upon satisfying the requirements of
+the Board.
+
+SEC. 20, FEES FOR EXAMINATION AND REGISTRATION. — Every applicant to
+the licensure examination for dentistry shall pay an examination fee and a registration fee as
+determined and fixed by the Commission.
+
+SEC. 21. REFUSAL TO ISSUE CERTIFICATES FOR CERTAIN CAUSES. - The
+Board shall refuse to issue a certificate of registration to any successful examinee or to any
+examinee registered without examination who has been convicted by a court of competent
+jurisdiction of any criminal offense involving moral turpitude or has been found guilty of
+
+
+immoral or dishonorable conduct after investigation by the Board, or has been declared to be of
+‘unsound mind. The reason for the refusal shall be set forth in writing.
+
+SEC. 22. REVOCATION OR SUSPENSION OF CERTIFICATEOF
+REGISTRATION/PROFESSIONAL LICENSE AND PROFESSIONAL IDENTIFICATION
+(CARD AND CANCELLATION OF TEMPORARY/SPECIAL PERMIT. — The Board shall
+have the power to recommend the nullification or suspension of the validity of the certificate of
+rogistration/professional license and professional identification card of a dentist, dental
+technologist/dental hygienist or the cancellation of a temporary/special permit for any of the
+causes mentioned in the preceding section, or for:
+
+(a) unprofessional and unethical conduct,
+
+(b) malpractice;
+
+(©) incompetency, serious ignorance or negligence in the practice of dentistry, dental
+hygiene, and dental technology;
+
+(@ willful destruction or mutilation of a natural tooth of a patient with the deliberate
+purpose of substituting the same by an unnecessary or unessential artificial tooth,
+
+(© for making use of fraud, deceitful or false statement to obtain a certification of
+
+(8) for alcohotism or drug addiction causing him/her to become incompetent to practice
+dentistry, dental hygiene and dental technology;
+
+(g) for the employment of persons who are not duly authorized to do the work which
+under this Act can only be done by persons who have certificates of registration to practice
+dentistry, dental hygiene and dental technology in the Philippines;
+
+(b) for the employment of deceit or any form of fraud with the public in general or some
+clients in particular for the purpose of extending his/her clientele;
+
+(i) for making false advertisements, publishing or circulating fraudulent or deceitful
+allegations regarding his/her professional attainment, skill or knowledge, or methods of
+treatment employed by him;
+
+(utter disregard and continue violation of any of the provisions of this Act: Provided,
+that the action of the Board in the exercise of this power shall be appealable to the Commission.
+
+SEC. 23. REINSTATEMENT, REISSUANCE OR REPLACEMENT OF
+CERTIFICATE OF REGISTRATION/PROFESSIONAL LICENSE AND PROFESSIONAL
+IDENTIFICATION CARD, — Two (2) years after the date of revocation, the Board may, upon.
+application and for reasons deemed proper and sufficient, reinstate any revoked certificate of
+
+
+
+registration/professional license and reissue a professional identification card, in so doing, may,
+in its discretion, exempt the applicant from taking another examination.
+
+SEC. 24, ISSUANCE OF SPECIAL/TEMPORARY PERMIT TO FOREIGNERS. —
+Certificates of Registration shall not be required of: (1) commissioned dental officers of the
+army, navy and air force of any foreign country whose operations in the Philippines are
+Permitted by the government while rendering dental service as such for the members of said
+forces only, (2) of dentist and oral surgeons from other countries who are invited for
+consultation, demonstrations, medical missions or under an exchange visitor program as a
+member of a teaching faculty. Provided, that in such cases their work shall be limited to the
+specific task assigned to them, and Provided, further, that a special permit has been previously
+granted by the Board and the Commission stating therein the duration of such permit, Provided
+furthermore, that the Board may designate the accredited professional organization, through its
+constituent chapters and affiliates, to monitor such activities.
+
+ARTICLE IV
+PRACTICE OF DENTISTRY, DENTAL HYGIENE
+AND DENTAL TECHNOLOGY
+
+SEC. 25. CODE OF ETHICS AND CODE OF DENTAL PRACTICE FOR
+DENTISTS. - The Board shall adopt and promulgate the Code of Ethics and Code of Dental
+Practice of dentists, dental hygienists and dental technologists prescribed and issued by the
+accredited professional organization of dentists.
+
+SEC. 26. VESTED RIGHTS. — All dentists and dental hygienists registered at the time
+this law takes effect shall automatically be registered under the provisions hereof, subject
+however to the provisions herein set forth as to future requirements. Certificates of
+registration/professional license held by such persons in good standing shall have the same force
+and effect as though issued after the passage of this Act.
+
+SEC. 27. REGISTRATION WITHOUT EXAMINATION FOR DENTAL
+HYGIENISTS AND DENTAL TECHNOLOGISTS. — A person who possesses the equivalent
+qualifications required for admission in the examination for dental hygienist or dental
+technologist pursuant to this Act, may be registered without examination. Provided, that the
+applicant files with the Board within three years after the effectivity of this Act, an application
+for registration and issuance of a certificate of registration/professional license and professional
+identification card, by submitting credentials showing that the applicant, before the effectivity of
+this Act:
+
+
+(@) had been given a certificate in dental hygiene or dental technology by a duly
+recognized college, school or institution and had at least three (3) years actual experience as
+dental hygienist or dental technologist in an accredited or licensed dental clinic or laboratory, or
+
+(b) had been practicing as a dental hygienist or dental technologist for at least five (5)
+years in a licensed dental laboratory or clinic under the supervision of a dentist and had attended
+a training course given by an accredited school or institution.
+
+SEC. 28. DISPLAY OF NAME AND CERTIFICATE OF REGISTRATION. — Every
+registered practicing dentist, dental hygienist and dental technologist shall display in a
+conspicuous place in the building or office where he/she practices, his/her name and his/her
+certificate or registration in plain sight of patients who enter the dental office, or dental clinic or
+dental laboratory. In the case where the dentist has more than one clinic, the original certificate
+of registration should be displayed in his/her main office or clinic, and he/she shall display a
+copy of his/her certified original certificate of registration in the other branch or branches of
+his/her practice. Any owner or proprietor of a dental office or establishment shall display the
+certificates of registration of each and everyone of such persons in the same manner as
+hereinafter provided.
+
+SEC. 29, INTEGRATION OF DENTISTS, DENTAL HYGIENISTS AND DETNAL
+TECHNOLOGISTS. ~ Ali registered dentists, dental hygienists and dental technologist shall be
+integrated into one (1) national organization which shall be recognized by the Board and
+accredited by the Commission as the one and only accredited integrated association to which all
+dentists, dental hygienists and dental technologists shall belong, Henceforth, all dentists, dental
+hygienists and dental technologists to be registered with the Board shall automatically become a
+member of the accredited integrated professional organization upon payment of required fees and
+dues. Membership in the accredited and integrated organization shall not be a bar to membership
+in other associations of dentists, dental hygienists and dental technologists.
+
+SEC. 30, FOREIGN RECIPROCITY. - No foreigner shall be admitted to the
+examination and be given a certificate of registration/professional license to practice as a dentist
+and be entitled to any of the privileges under this Act unless the country of which he/she is a
+subject or citizen specifically permits Filipino dentists to practice within its territorial limits on
+the same basis as the subject or citizens of such foreign state or country under reciprocity and
+under intemational agreements.
+
+SEC. 31. ROSTER OF DENTISTS, DENTAL HYGIENISTS AND DENTAL
+TECHNOLOGISTS. — The Board, in coordination with the accredited professional organization,
+shall maintain a roster of the name, residence and of the addresses of all registered dentists,
+
+10
+
+
+dental hygienists and dental technologists and shall make this roster available to the public upon
+request.
+ARTICLE V
+PENAL PROVISION AND ENFORCEMENT OF THE ACT
+
+SEC. 32. PENAL PROVISION. - The following, shall be punished by a fine of not less
+than Two Hundred Thousand Pesos (P200,000.00) nor more than Five Hundred Thousand Pesos
+(P500,000.00) or to suffer imprisonment for a period of not less than ten (10) years and one day
+nor more than twenty years, or both, in the discretion of the court:
+
+(@) Any person who shall practice dentistry, dental hygiene or dental technology in the
+Philippines as defined in this Act, without a certificate of registration issued in accordance with
+the provisions of this Act, or has been declared exempt,
+
+(b) Any of those who practice the profession to whom the definition of the practice of
+dentistry, dental hygiene or dental technology does not apply;
+
+(©) Any licensed dentist who shall abet the illegal practice of dentistry;
+
+(@) Any person presenting or using as his/her own the certificate of registration of
+another,
+
+(©) Any person who shall give any false or forged evidence to the Board in obtaining a
+certificate of registration;
+
+(® Any person who shall impersonate any registrant of like or different name;
+
+(g) Any person who shall use a revoked or suspended certificate of registration;
+
+(h) Any person who shall assume, use or advertise as a bachelor of dental surgery, doctor
+of dental surgery, master of dental surgery, licentiate of dental surgery, doctor of dental
+medicine, or dental surgeon, or append to his name the letters D.D.S., B.D.S., L.D.S., or DM.D.
+without having been conferred such title or degree in a legally constituted school, college or
+university, duly recognized and authorized to confer the same or other degrees;
+
+(@ Any person who advertise any title or description tending to convey the impression
+that he/she is a dentist, without holding valid certificates of registration from the Board;
+
+SEC. 31. ENFORCEMENT OF THIS ACT. ~ It shall be the duty of all constituted
+officers of the law of the national, provincial, city, municipal or barangay level of the
+government, to enforce the provisions of this Act as well as the rules and regulations pertinent
+thereto, and to prosecute any person violating the same. The Secretary of Justice shall act as the
+legal adviser of the Board of Dentistry and shall render such legal assistance as may be necessary
+in carrying out the provisions of this Act.
+
+
+ARTICLE VI
+MISCELLANEOUS PROVISIONS
+
+SEC. 32, FUNDING PROVISION. - The Chairman of the Professional Regulation
+Commission shall immediately include in the Commission’s programs the implementation of this
+Act, the funding of which shall be included in the Annual General Appropriations Act.
+
+SEC. 33, TRANSITORY PROVISION. ~ The existing Board of Dentistry shall continue
+to function in the interim until such time that the new Professional Regulatory Board of Dentistry
+shall be constituted pursuant to this Act.
+
+SEC. 34, IMPLEMENTING RULES AND REGULATIONS. - The Board, in
+coordination with the accredited professional organization and with the approval of the
+Commission, shall promulgate, adopt and implement such rules and regulations to carry out the
+provisions of this Act.
+
+SEC. 35, SEPARABILITY CLAUSE. — if any section or provision of this Act shall be
+declared invalid or unconstitutional, such shall not invalidate any other section or provision of
+this Act.
+
+SEC. 36. REPEALING CLAUSE. ~ Republic Act No. 4419 and Republic Act No. 768,
+are hereby repealed. All other laws or portions thereof, orders, ordinances, or rules and
+regulations in conflict with the provisions of this Act as pertain to the practice of Dentistry shall
+be, and are hereby repealed.
+
+SEC. 37, EFFECTIVITY. ~ This Act shall take effect following its publication in the
+Official Gazette or in any newspaper of general circulation.
+
+Approved,
+
+12

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+Republic of the Philippines Prerive
+HOUSE OF REPRESENTATIVES P
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+73
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+‘The Constitution mandates not only that quality education must be provided by
+the State to all qualified citizens — the poor and the underprivileged in particular — at all
+levels of education, but that it must likewise put in place a system of education geared
+towards establishing and making available a continuing pool of trained manpower for the
+country’s development efforts.
+
+Within the context of this constitutional policy, the Bill seeks to provide free
+college education in Information and Communications Technology (ICT), a two-year
+college degree course, to all high school graduates of public schools. These beneficiaries
+would have the right to choose the public or state college or university of his choice
+within the city, province or region, as the case may be, for purposes enjoying the free
+college education benefit. In the same vein, the college authorities are obligated, under
+pain of administrative sanctions, to admit the qualified beneficiaries.
+
+Given the present business practice that places a premium on formal post-
+secondary education or college training, and given the sheer number of graduates of our
+public school system, this proposed legislation is a first concrete step towards providing
+the deserving graduates of our public high schools with appropriate quality college
+‘education keyed to the demands of a highly competitive marketplace.
+
+In this context, approval of the Bill is earnestly sought.
+
+UL V. DEL MAR
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL NO. 73
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+ESTABLISHING AND PROVIDING FOR FREE COLLEGE EDUCATION IN
+INFORMATION AND COMMUNICATIONS TECHNOLOGY AND OTHER
+PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Title. - This Act shall be known as the “Free Information and
+Communications Technology College Education Act of 2001”.
+
+SEC. 2, Declaration of Policy. ~ It is the policy of the State to provide quality
+education to all qualified citizens at all levels of education and to establish a system of
+grants, subsidies and incentives which shall be available to deserving students, especially
+the poor and underprivileged, in order to enable them to truly participate in the benefits of
+a democratic society.
+
+SEC. 3. Definitions. — For purposes of this Act:
+
+a) “Free College Education” shall mean any two-year college degree course or
+program in Information and Communications Technology (ICT) offered in or conducted
+by Stat colleges and universities;
+
+b) “State Colleges and Universities” refers to institutions of higher learning,
+including specialized schools, maintained and funded by government;
+
+©) “Qualified Beneficiaries” shall mean all graduates of public high schools;
+
+4) “Tuition Fee” shall refer to the fee representing direct costs of instruction
+and training facilities;
+
+©) “Other School Fees” refers to those fees which cover the other necessary
+Costs supportive of instruction, including, but not limited to medical and dental, athletic,
+library and laboratory fees.
+
+
+However, fees related to membership in students organizations or college
+activities may be collected, provided that non-payment of these fees shall not in any case
+prejudice the enrollment or graduation of a qualified beneficiary.
+
+SEC. 4, Implementation of Free College Education. — The system of Free
+College Education as provided in this Act, shall commence in the School Year following
+approval of this Act. Qualified beneficiaries intending to enroll or already enrolled in
+ICT course offerings in state colleges and universities shall be free from payment of
+tuition and other school fees and shall be entitled to such other incentives or subsidies as
+may be granted in accordance with such rules and regulations to be promulgated to carry
+out the provisions of this Act: Provided, that nothing in this Act shall cause or authorize
+the reduction or removal of any benefit which the national or local government may be
+granted to the students prior to the enactment of this Act.
+
+SEC. 5. Formulation of ICT Curriculum, — The Commission on Higher
+Education (CHED) shall formulate a two-year college curriculum geared to provide
+students with highly competitive training or skills consistent with the manpower demands
+of a highly competitive business environment.
+
+SEC, 6. Limitation. ~ The right of any student to avail of free college education
+shall terminate is he fails for two (2) consecutive semesters in the majority of the subjects
+in which he is enrolled during the course of his study.
+
+SEC. 7. Place of Study and Admission, - The qualified beneficiary shall take his
+free college education in state colleges or universities of his choice situated in the city or
+province where he resides.
+
+Should there be no state college or university in the city or province where he
+resides or where the university or college facilities cannot accommodate all qualified
+beneficiaries, the student may take his free college benefit in any college or university
+within the region nearest to his place of residence. In the absence of public universities
+or colleges within the region of his residence, the qualified student beneficiary may avail
+of the privilege in any public or state college or university in any region nearest to the
+province where he resides.
+
+SEC. 8. Obligation of State Colleges. - The State colleges or universities have
+the obligation to admit qualified beneficiaries, subject only to limitation of funding and
+facilities. A violation of this obligation shall constitute a ground for dismissal of the
+school authorities concerned.
+
+
+SEC. 9. Implementing Rules and Regulations. — The CHED, in coordination
+with the association of state colleges and universities, shall issue the necessary
+implementing rules and regulations within one hundred twenty (120) days from
+effectivity of this Act.
+
+SEC. 10. Funding. — Adequate funds shall be earmarked by the President from
+available funds in the National Treasury for the initial implementation of this Act. The
+President shall likewise utilize for the purpose available funds or savings of the CHED or
+the Department of Education Culture and Sports. Funds needed for the ensuing fiscal
+years for the implementation of this Act shall be included in the appropriations of State
+universities and colleges in the General Appropriations Act.
+
+SEC. 11. Repealing Clause. - All laws or parts thereof inconsistent with any
+provision of this Act shall be deemed repealed or modified as the case may be.
+
+SEC. 12. Effectivity, - This Act shall take effect immediately upon its
+publication in two (2) newspapers of general circulation.
+
+Approved,

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES,
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+74
+
+HOUSE BILL NO.
+
+Introduced by: REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+The attached bill seeks to expressly exclude jai-alai games from the franchised
+activities of the Philippine Amusement and Gaming Corporation (PAGCOR) by an
+express amendment of Presidential Decree No. 1869, the PAGCOR charter.
+
+The basic principle, conceded by all legislators, is that the permit or franchise for
+the operation and regulation of any form of gambling is a legislative prerogative, In other
+words, gambling — in this instance jai-alai — being a prohibited activity can only allowed
+by clear and express provision of law.
+
+The proposed legislation will settle with finality the issue of authority of
+PAGCOR to operate and manage jai-alai games. This, in view of the recent judicial
+ruling that PAGCOR is vested with power to operate jai-alai games, a ruling arrived at
+when the issue was raised before the Court for the third time, a ruling marked by strong
+disagreements between and among the members of the Highest court.
+
+The issue of jai-alai is not merely and simply a legal issue; it involves peace and
+order, public policy and public morals. We cannot quibble about this. As all Cebuanos
+know only too well, the pernicious gambling activity called MASIAO ~ the illegal
+numbers game in the Visayas and Mindanao — is rooted in jai-alai. MASIAO is hitched
+to ~ and thrives on — the three number winning combination that results from what is
+known as the special lave in professional jai-alai games. With Masiao in the streets
+because of jai-alai, Cebu would have to contend with criminal activities, the shady
+dealings and the dubious characters that MASIAO is sure to bring. It happened in the
+past when jai-alai was around; it will happen again the moment jai-alai is back — unless
+jai-alai games are totally stopped by this august body.
+
+
+This is consistent with the strong policy of the President that ~ exercising her
+power of control over all executive offices - she is against the resumption of jai-alai
+operations by PAGCOR and the proliferation of any form of gambling. Needless to say,
+the quick response of the President clearly indicates the sincerity and passion with which
+she wages her war against the proliferation of gambling and other vices and affirms her
+confidence in the unstinting moral crusade of the people of the Visayas against MASIAO
+and the ill effects and deeds it breeds. It gives us the assurance needed to push for the
+most restrictive reforms in the area of gambling.
+
+In this light, approval of the Bill is strongly requested.
+
+KE DEL MAR
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+74
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+AMENDING PRESIDENTIAL DECREE NO. 1869, EXPRESSLY EXCLUDING
+JAI-ALAI GAMES FROM THE FRANCHISED ACTIVITIES OF THE
+PHILIPPINE AMUSEMENT AND GAMING CORPORATION.
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress Assembled:
+SECTION 1. Section 1(b) of Presidential Decree No. 1869 is hereby amended to
+read as follows:
+“(b) To establish and operate clubs and casinos, for amusement
+, sports gaming pools (basketball, football, lotteries, etc.)
+and such other forms of amusement and recreation including games of
+
+and recreati
+
+chance, except jal-alal, which may be allowed by law within the
+territorial jurisdiction of the Philippines and which will : (1) generate
+sources of additional revenue to fund infrastructure and socio-civic
+projects, such as flood control programs, beautification, sewerage and
+sewage projects, Tulungan ng Bayan Centers, Nutrition Programs,
+population Control and such other essential public services; (2) create
+recreation and integrated facilities which will expand and improve the
+country’s existing tourist attractions; and (3) minimize, if not totally
+eradicate, the evils, malpractices and corruptions that are normally
+prevalent in the conduct and operation of gambling clubs and casinos
+without direct government involvement.”
+
+
+SEC. 2, Section 10 Presidential Decree No. 1869 is likewise amended to read as
+follows:
+“Sec, 10, Nature and term of franchise — Subject to the terms and
+conditions established in this Decree, the Corporation is hereby granted
+
+for a period of twenty-five (25) years, the rights, privileges and authority
+
+to operate and maintain gambling casinos, clubs, and other recreation or
+
+amusement places, sports, gaming pools, i. basketball, football,
+
+lotteries, etc, EXCEPT JAI ALAI, whether on land or sea, within the
+territorial jurisdiction of the Republic of the Philippines”.
+
+SEC.3. Repealing Clause — All laws, decrees, executive orders, proclamations,
+rules and regulations and other issuances, or parts thereof which are inconsistent with the
+provisions of this Act, are hereby repealed, amended or modified.
+
+SEC. 4, Effectivity - This Act shall take effect fifteen (15) days following its
+publication in any two newspapers of general circulation.
+
+Approved,
+

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+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+75
+
+Introduced by : REP. RAUL V. DEL MAR
+
+HOUSE BILL Nt
+
+EXPLANATORY NOTE
+
+This bill seeks to increase the present benefits of our Filipino World War
+Veterans by increasing their monthly pension and at the same time providing them with
+medical assistance.
+
+There is no dispute that our war veterans showed a higher level of patriotism and
+love of country by risking their lives to defend our country and thus gained for us a true
+and lasting independence. However, these Filipino War Veterans are not being given the
+recognition, financial or otherwise, they rightfully deserve.
+
+It is so disheartening to note the fact that our war veterans receive a meager
+pension. With the continuing escalation of the cost of living most of them could hardly
+afford a decent and humane standard of living. Now old and sickly, most of them
+frequent hospitals for medical attention and hospitalization. It is hoped that the benefits to
+be given shall help improve their quality of life.
+
+In view of the foregoing, the approval of the proposed bill is indispensable.
+
+hs DEL MAR
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+75
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO, 6948 OTHERWISE
+KNOWN AS ‘AN ACT STANDARDIZING AND UPGRADING THE BENEFITS
+FOR MILITARY VETERANS AND THEIR DEPENDENTS’.
+
+Be it enacted by the Senate and the House of Representatives of the Philippine in
+Congress assembled:
+
+SECTION 1. Section 3 of the Republic Act No. 7696 is hereby amended to read
+as follows:
+
+“SEC. 10. Eligibility. - A Veteran as defined in Section
+2(a) of this Act who is at least sixty-five (65) years old
+shall be paid an old-age pension of SIX THOUSAND
+PESOS ( P6,000.00) monthly, unless he is actually
+receiving a similar pension for the same consideration from
+other govemment funds or from the United States
+Government: Provided, that in the succeeding years FROM
+THE APPROVAL OF THIS ACT, said SIX THOUSAND
+PESOS (6,000.00) shall be increased annually by not less
+than ONE THOUSAND PESOS (P1,000.00) per month
+until total old pension shall be at least TEN THOUSAND
+PESOS (P 10,000.00) per month.”
+
+SECTION 2. Section 7 of the Republic Act No. 7696 is hereby amended to read
+as follows:
+
+“SEC. 20. Burial AND MEDICAL Assistance. — Unless
+the person who defrayed the expenses for the funeral of a
+deceased veteran is entitled to a similar benefit from the
+United States Government, he/she shall be given Ten
+thousand pesos (P10,000.00) as burial assistance upon
+
+
+application therefore in due form which shall be filed
+within two (2) years from the death of the concemed.”
+FURTHER, A VETERAN AS DEFINED IN SECTION
+2(a) OF THIS ACT IS ENTITLED TO RECEIVE FREE
+MEDICAL ASSISTANCE IN THE AMOUNT OF TWO
+HUNDRED PESOS (P200.00) A DAY IN ANY
+ACCREDITED HOSPITALS.”
+
+SEC. 3..All existing laws or parts thereof inconsistent with the provisions of this
+‘Act are hereby repealed or modified accordingly.
+
+SEC. 4, This Act shall Take effect fifteen (15) days after its publication in two (2)
+national newspaper of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00076.txt

@@ -0,0 +1,141 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+76
+
+HOUSE BILL No.
+
+Introduced by: Rep. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+‘The attached Bill seeks to provide incentives to Barangay Officials, including
+Barangay Tanods and Members of the Lupong Tagapamayapa and Barangay employees.
+
+Compared to other government employees in local government units, Barangay
+officials and Barangay employees are the lowest paid and the least benefited in terms of
+government employment benefits and privileges. And yet our Barangay officials are the
+frontliners, so to speak, the government workers who make democracy work at the
+grassroots level. They have a job to do under existing law and, as a general rule, they
+strive to do their job well, particularly in the area of peace and order and community
+relations, despite the limited resources made available to them.
+
+Foremost of the benefits granted the Barangay officials and Barangay employees
+is the exemption from income tax of their salaries wages, compensation, remuneration
+and other emoluments, such as honoraria and allowances, including any benefits that
+they may receive from government on account of their work or employment. Added to
+this are some equally important benefits: (a) benefit coverage under the Government
+Service Insurance System; (b) coverage under existing medical and health service
+programs of government under existing laws; and (c) free legal representation in the
+event that any Barangay official or employee is involved as party litigant in any
+administrative or criminal case as a result of or connected with the performance of his
+official duties.
+
+In sum, the proposed legislation, in a sense, seeks to give due recognition to the
+important job being performed by these grassroots workers and to acknowledge the
+important tole being played by the smallest territorial unit and political subdivision of
+government called the Barangay.
+
+In view of the foregoing, approval of the Bill is earnestly requested.
+
+Ae
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSEBILLNO.___— 76
+
+Introduced by: Rep. RAUL V. DEL MAR
+
+AN ACT
+PROVIDING INCENTIVES TO ALL BARANGAY OFFICIALS, INCLUDIN'
+BARANGAY TANODS AND MEMBERS OF THE LUPONG TAGAPAMAYAP.:
+AND BARANGAY EMPOYEES AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION 1. Title. This Act shall be known as the “Barangay Incentives Act of
+2004”.
+
+SEC. 2. Declaration of Policy. It is the declared policy of the State to promote
+and enhance the efficiency and responsiveness of barangay officials and employees, the
+government workers who make democracy work at the grassroots level in the smallest
+territorial and political subdivision of the government which is the barangay. To achieve
+this objective, the State shall adopt measures and provide such incentives not only to help
+ensure the faithful performance of the duties and functions of barangay officials and
+employees but also to raise their quality of life.
+
+SEC. 3. Tax Exemption, All amounts received by barangay officials, including
+Barangay Tanods and members of the Lupong Tagapamayapa, hereinafter particularly
+referred to as “barangay officials and barangay employees”, as salaries, wages,
+compensation, remuneration and other emoluments, such as honoraria and allowances
+shall be exempt from income taxation. Gross benefits received by such officials and
+employees, of whatever kind or character, shall likewise be exempt from taxation.
+
+SEC. 4. Exemption from Capital Gains and Transfer Taxes. The sale,
+exchange or disposition of real property by barangay officials and barangay employees
+
+
+shall be exempt from capital gains and other national taxes as long as the proceeds of
+such sale, exchange or disposition shall be directly and exclusively used by such officials
+and employees to acquire a house and lot, not exceeding $00 square meters, for family
+dwelling. The acquisition of such house and lot for family dwelling purposes shall
+likewise be exempt from any national or local taxes and fees in connection with the
+transfer and registration of such property in the name of the barangay official or barangay
+employee concerned.
+
+SEC. 5. GSIS Benefit Coverage. All barangay officials and barangay employees
+shall be considered members of the Government Service Insurance System (GSIS) and
+shall be covered with life insurance and social security protection, including retirement,
+disability, separation and unemployment benefits and such other benefits as may
+extended by the GSIS, subject to limitations provided by law.
+
+The GSIS shall make special provisions in order to facilitate the inclusion of
+barangay officials and barangay employees, in the benefit coverage of GSIS.
+
+SEC. 6. Health Benefits. Government medical and health insurance programs
+under existing laws shall include in their coverage free basic health services and medicine
+to barangay officials and barangay employees.
+
+SEC. 7. Legal Representation. Barangay officials and barangay employees who
+may be involved as party litigants in administrative or criminal cases filed in connection
+with the performance of their official duties shall, as a member of right, be entitled to the
+free legal services of the Public Attomey’s Office (PAO) who shall facilitate the legal
+representation of the such officials and employees by a counsel.
+
+Such benefit of legal representation shall include an exemption from payment of
+docket and other lawful fees, and of transcripts of stenographic notes which the court
+may order to be furnished the barangay officials and barangay employees.
+
+SEC. 8. Implementing Rules and Regulations. Within six (6) months from the
+effectivity of this Act, the Department of Interior and Local Government, in
+coordination and consultation with the Department of Justice, the Department of Health,
+the Government Service Insurance System and other agencies concemed, shall
+promulgate such rules or guidelines as may be necessary for the proper implementation
+of this Act.
+
+SEC. 9. Separability Clause. If any provision of this Act or the application of
+such provision to any person or circumstances is declared unconstitutional, the remainder
+
+
+of this Act or the application of such provision to other persons or circumstances shall not
+be affected by such declaration.
+
+SEC. 10. Repealing Clause. All laws, decrees, orders, rules and regulations or
+parts thereof which are inconsistent with or contrary to the provisions of this Act are
+hereby amended, modified or repealed accordingly.
+
+SEC. 11. Effectivity Clause. This Act shall take effect fifteen (15) days after its
+publication in at least two (2) newspapers of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00077.txt

@@ -0,0 +1,122 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+77
+
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+The attached bill seeks to provide a specific venue of action in libel cases against
+a community journalist, community publication or community broadcast station.
+
+There is no question — and nobody disputes this that the right to one’s reputation
+and honor is as much a constitutional rights as the passion of life, liberty and property.
+Indeed, “it is one of those rights necessary to human society that underlie the whole
+scheme of civilization. Law and jurisprudence recognize and protect the value of such
+reputation and subject one who attacks it, by slanderous words of libelous publication, to
+the full criminal and civil sanctions.
+
+However, there is likewise the reality — this is difficult to question if not
+undeniable — that libel, whether filed as a criminal or civil action, is likewise used a
+convenient legal tool to harass journalists, especially the community newspaper and
+broadcast practitioners. This is so because, under the present rules, the complainant or
+offended party, if he is a public officer, can file the complaint in Manila if his office is in
+Manila or in the office outside Manila if his office is located there. If he is a private
+person, the venue is his place of residence at the time of the commission of the offense.
+Thus, a newspaper or broadcast station in Aparri or Jolo, Cebu or Davao can be made to
+answer a complaint filed in Metro Manila where the complaint resides although the
+subject, the issue or the incident published, - in law the cause of action — did not arise in
+Metro Manila.
+
+This situation is not changed by the fact that — under the same rule on venue — the
+complainant or offended party has the option to file the action the Regional Trial Court of
+the province or city where the libelous article is printed or first published because, in
+reality and in practice, the offended party usually does not exercise that option since he
+chooses the venue that is as far away from the principal office of business or work of the
+defendant or accused as possible.
+
+a
+s ON
+- a “ “a ay
+
+
+
+The prevailing legal rules on venue thus place these community journalists and
+local broadcasters in a situation where they have to answer complaints or charges filed,
+rightly or wrongly, in remote or distant places, deliberately filed far away from their
+place of business or work. In this context, the element of oppression is there. The toll of
+inconvenience, financial or otherwise, is often more onerous and burdensome than the
+Penalty or fine prescribed by the law. This may even lead to a miscarriage of justice in
+cases where the accused or defendant fail to appear because of the distance and travel
+constraints.
+
+]
+
+The criminal or civil action may eventually be thrown out by the court but the
+damage has been done; it already punished the community journalist and his publication
+by the excessive cost of litigation and inconvenience outside the principal office of
+publication or business of the said journalist or publication.
+
+The community journalist and his organization, mostly financially handicapped
+and already afflicted with all sorts of pressures and threats, need immediate relief from
+the present rule on venue of libel cases, whether criminal or civil, which create an
+opportunity for oppression. In substance, thereof, the proposed legislation seeks to
+Provide the relief sought, to correct this unfairness by closing this loophole that is often
+exploited or taken advantage of by offended parties.
+
+In view of the foregoing, approval of this bill is eamestly sought.
+
+RAZ: MAR
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES:
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+77
+HOUSE BILL NO.
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+PROVIDING FOR THE VENUE OF THE CRIMINAL AND CIVIL ACTION IN
+LIBEL CASES AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR
+BROADCAST STATIONS.
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+congress assemble:
+
+SECTION 1. Venue, The criminal or civil action incases of libel against a
+community journalist, publication or broadcast station shall be filed in the Regional Trial
+Court of the province or city where the principal office or place of business of the said
+community journalist, publication or broadcast station is located: Provided, however,
+that the civil action shall be filed in the same court where the criminal action is filed and
+vice versa: and Provided, further, that the court where the criminal action or civil action
+is first filed shall acquire jurisdiction to the exclusion of other courts,
+
+The term “community joumalist, publication or broadcast station” shall be
+understood to mean a journalist or news medium that operates within a limited area of
+circulation or broadcast in a city, province or region, as defined under existing laws.
+
+SEC. 2. Separability Clause. If any part or provision of this Act shall be held to
+be unconstitutional or invalid, other provisions hereof which are not affected thereby
+shall continue to be in full force and effect.
+
+SEC. 3. Repealing Clause. All laws, decrees, rules and regulations or parts
+thereof inconsistent with the provisions of this Act are hereby repealed, amended or
+modified accordingly.
+
+
+SEC. 4. Effectivity Clause. This Act shalt take effect fifteen (15) days from its
+publication in the Official Gazette or in at least two (2) national newspapers of general
+circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00078.txt

@@ -0,0 +1,95 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+78
+
+HOUSE BILL
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+The Constitution provides that: “the State recognizes the complementary roles of
+public and private institutions in the educational system and shall exercise reasonable
+supervision and regulation of all education institutions.” (Article XIV, Section 4 [1]).
+
+To this end, “the State shall assign the highest budgetary priority to education and
+ensure that teaching will attract and retain its rightful share of the best available talents
+through adequate remuneration and other means of job satisfaction and fulfillment,”
+(Article XIV, Section 5 {5)).
+
+Public school teachers are among the most unpaid workers in our society. Despite
+the fact that they are heralded as molders of our children’s future, public school teachers
+receive only less than ten thousand a month each for their basic salary. The teachers are
+considered to be the prime mover of the education system; hence, the government needs
+to give priority to their interest and welfare.
+
+Thus, to give meaning to the spirit and intent of the above mentioned
+constitutional provisions, there is now an indispensable need to upgrade the salary grade
+of our public school teachers.
+
+Approval of the above bill is earnestly requested.
+
+whi rie
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+‘Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HOUSE BILL N¢ 78
+
+Introduced by : REP. RAUL V. DEL MAR.
+
+AN ACT
+INCREASING THE SALARY GRADE OF PUBLIC SCHOOL TEACHERS
+FROM SALARY GRADE 10 TO 20 AND PROVIDING FUNDS THEREFOR
+
+Be it enacted by the Senate and the House of Representatives of the Philippines in
+Congress assembled:
+
+SECTION 1. Increase in the Minimum Salary Grade Level. — The present
+minimum salary grade level of public school teachers in the elementary and secondary
+schools shall be upgraded from Grade 10 to Grade 20; Provided, however, That the salary
+upgrading shall be differentiated in accordance with the qualifications and length of
+service rendered by teachers and shall not be prejudiced by across the board adjustments.
+
+SEC. 2. Priority in Budget Allocation. — The National Government shall
+appropriate such amount, as may be necessary to carry out the objectives of this Act.
+Provided, That the salary increase of public school teachers shall take priority over other
+non-educational and non-agricultural budgetary allocations.
+
+SEC. 3, Budget Required. — The Department of Education, Culture and Sports
+(DECS) shall come up with a specific programmed budget needed to cover the expenses
+for the upgrading in salary levels for all the corresponding teacher plantilla positions for a
+period of at least five years to allow the Department of Budget and Management make
+the necessary budgetary adjustments to facilitate the smooth implementation of this Act.
+
+SEC. 4, Inclusion in Appropriations Act, - The amount necessary to implement
+the provisions of this act shall be included in the General Appropriations Act for the year
+following the approval of this Act.
+
+
+SEC. 5, Rules and Regulations. - The Department of Education, Culture and
+Sports (DECS) and the Department of Budget and Management (DBM) shall promulgate
+the necessary rules and regulations to implement the provision of this Act.
+
+SEC. 6. Repealing Clause. — All provisions of laws, orders, decrees, including
+rules and regulations inconsistent herewith are hereby repealed and/or modified
+accordingly.
+
+SEC. 7. Separability Clause. — If any part or provision of this Act shall be held
+unconstitutional or invalid, other provisions hereof which are not affected thereby shall
+continue to be in full force and effect.
+
+SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days following
+publication in one (1) national newspaper of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00079.txt

@@ -0,0 +1,143 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+79
+
+HOUSE BILL Nt
+
+Introduced by : REP. RAUL V. DEL MAR
+
+EXPLANATORY NOTE
+
+The Constitution is explicit and unequivocal in its command: The State “shall
+ensure the fundamental equality before the law of women and men” (Sec. 14, Art. I,
+Constitution) and shall provide “such facilities and opportunities that enhance their
+welfare and enable to realize their full potential in the service of the nation” (Sec. 14, Art.
+xm.
+
+Consistent with this constitutional mandate, the attached bill seeks to prohibit
+absolutely any act of employer or any person acting on behalf of the employer from
+discriminating, directly or indirectly, against female employees or workers — or giving
+preference to male workers ~ in all matters pertaining to employment or employment
+opportunities and employment benefits. The prohibited act shall include announcements,
+publications or advertisements of any kind or any form that would have the effect of
+denying women equal employment opportunities on account of their being women.
+
+The present environment is indisputably a highly competitive market. Job seekers,
+which include the underemployed and even those already employed seeking better pay,
+and employers, who have become demanding and strict in their hiring standards, contend
+with literally hundreds of employment applications for limited job vacancies. Already
+perceived to be the “weaker sex” despite what women have achieved in all major fields
+of endeavor — which already creates some kind of bias or discrimination against women —
+women find themselves in the competitive job market fighting, as it were, with 2
+handicap that, not unexpectedly, diminishes their chances of employment. This has to be
+corrected.
+
+
+A strict statutory prohibition against any form of discrimination in matter of
+employment will go a long way in erasing all wrong perceptions about our working
+women and female job applicants; it will inject some faimess in the playing field, and
+force men and women to compete on an even keel. This absolute prohibition will not only
+strengthen the prohibition against discrimination under existing laws but, more
+importantly, will send the clearest signal — because of the Stiff penalties provided for
+violation thereof — that this time the law means business.
+
+In this light, approval of the bill is requested.
+
+i rine
+
+
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+79
+
+HOUSE BILL N¢
+
+Introduced by : REP. RAUL V. DEL MAR
+
+AN ACT
+EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST
+WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE
+ARTICLES 135 AND 137 OF PRESIDENTIAL DECREE NO. 442, AS
+AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
+PHILIPPINES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled.
+
+SECTION 1. Article 135 of Presidential Decree No. 442, as amended, otherwise
+known as the Labor Code of the Philippines, is hereby amended to read as follows:
+
+“Art. 135. Discrimination prohibited. — It shall be unlawful for any employer to
+discriminate against any woman employee any woman employee with respect to terms
+and conditions of employment solely on account of her sex.
+
+“The following are acts of discrimination:
+
+“(A) GIVING PREFERENCE TO A MALE APPLICANT OVER A FEMALE
+APPLICANT IN THE HIRING PROCESS, WHETHER THROUGH NOTICES,
+ANNOUNCEMENTS OR ADVERTISEMENTS FOR EMPLOYMENT OR
+APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT, HIRING OR
+EMPLOYMENT OF WORKERS WHERE THE PARTICULAR JOB CAN BE
+EQUALLY HANDLED BY A WOMAN;
+
+“(B) [(@)] Payment of a lesser compensation, including wage, salary or other form
+of rermmneration and fringe benefits, to a female employee as against a male employee,
+
+for work of equal value; [and]
+
+
+“() [(b)] Favoring a male employee over a female employee with respect to
+promotion, ASSIGNMENT, training opportunities, study and scholarship grants solely on
+account of their sexes; AND
+
+“(D) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE
+WITH RESPECT T DISMISSAL OF PERSONNEL OR THE APPLICATION OF ANY
+RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON ACCOUNT OF
+THEIR SEXES.”
+
+SEC. 2. Article 137 of the Labor Code is hereby amended to read as follows:
+
+“Art. 137. Prohibited Acts. (a) —It shall be unlawful for any employer:
+
+“(1) To deny any woman employee the benefits provided for in this Chapter or to
+discharge any woman employed by him for the purpose of preventing her from enjoying
+any of the benefits provided under this Code;
+
+(2) To discharge such woman on account of her pregnancy, or while on leave or
+in confinement due to her pregnancy;
+
+“(3) To discharge or refuse the admission of such woman upon returning to her
+work for fear that she may again be pregnant; OR
+
+“(4) TO DENY ANY WOMAN THE BENEFITS OF EMPLOYMENT OR
+OTHER STATUTORY BENEFITS UNDER OUR LAWS BY REASON OF HER
+SEX.”
+
+SEC. 3, Implementing Rules and Regulations, - Within thirty (30) days from the
+effectivity of this Act, the Secretary of Labor and Employment, in consultation with the
+Tripartite Industrial Council, shall issue and publish the necessary rules and regulations
+to implement the provisions of this Act.
+
+SEC. 4, Separability Clause. — If any provision of this Act is declared
+unconstitutional, the same shall not affect the validity and effectivity of the other
+provisions thereof.
+
+SEC. 5. Repealing Clause. — All laws, executive order, presidential decrees,
+presidential proclamations, rules and regulations or parts thereof inconsistent with the
+provisions of this Act are hereby repealed or modified accordingly.
+
+SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
+complete publication of the Official Gazette or in at least two (2) newspapers of national
+circulations, whichever comes earlier.
+
+Approved

data/document/hb/13/00001-01000/HB-00082.txt

@@ -0,0 +1,837 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City, Metro Manila /
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+HN 82
+
+INTRODUCED BY HONORABLE JUAN EDGARDO “SONNY” M. ANGARA
+
+EXPLANATORY NOTE
+
+Public and private health administrators want to have a single unified and comprehensive
+health document that can provide broad long term directions and policy for basis for health
+development and improvement of the country beyond political changes. Over the past decades,
+such ideas and thoughts have been written piecemeal by knowledgeable, experienced and
+perceptive minds in the health sector.
+
+What comes closest to such health instrument is the Department of Heaith’s Medium
+Term Plan. It however concentrates more on specific courses of action and programs, with some
+broad policy statements that seem to be coterminous with the plan itself. What has aggravated
+the situation is the fragmentation of the health care delivery system with the devolution of basic
+health services to Local Government Units (LGUs) when integration of health units has just
+started,
+
+Itis in this context that a National Health Code is being proposed as an administration
+Bill. The Code seeks to unify the health care delivery system by emphasizing the meaningful
+Partnership each health component — the government units, the private sector, the
+Rongovernment units and the community should perform to make health care available,
+accessible, acceptable and affordable to the individual, Its twelve (12) chapters and sixty-three
+(63) sections embrace the entire framework of health and health-related concerns. They
+Tepresent the sum total of the reflections, experiences, thoughts and recommendations of veteran
+field health workers in all areas of activity, the academe, NGOs and the private sector. When
+enacted, it will serve as an important directional reference and policy basis for planners, public
+and private administrators, program implementers, researchers and the general public.
+
+The Code has adopted primary health care of “Health in the Hands of the People”
+approach as the principal strategy to achieve health of all Filipinos atthe time of the 21" century,
+At the same time, it focuses on a critical health concern, the need for equity in health,
+specifically for the poor, the underprivileged and the undeserved
+
+Air rue
+JUAN EDGARDO ‘ANGARA
+
+Lone District of Aurora Province
+
+
+THIRTEENTH CON
+
+SRESS OF THE )
+
+REPUBLIC OF THE PHILIPPINES )
+First Regular Session )
+H.B.No,__82
+
+Introduced by HON. JUAN EDGARDO “SONNY” M. ANGARA
+
+N ACT PROVIDING FOR A NATIONAL HEALTH CODE OF 2004
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+ARTICLE!
+GENERAL PROVISIONS
+
+SECTION 1. Title, - This Act shall be known as the “National Health Code of the
+Philippines of 2004.”
+
+SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State that
+health is a basic human right that must be enjoyed by all its citizens, and that the government
+shall endeavor to provide adequate health facilities and services to all citizens.
+
+The marked disparity in the health status among the rich and the poor must be corrected
+to enable the latter to enjoy the right to good health. The Constitution of the Philippines provides
+that “The State shall adopt an integrated and comprehensive approach to health development
+which shall endeavor to make essential goods, health, and other social services available to all
+the people at affordable cost” and that “There shall be priority for the needs of the
+underprivileged sick, elderly, disabled, women and children.”
+
+Health is affected by a multiplicity of factors from within and outside the area of
+responsibility of the health sector, for which reason intersectoral and intrasectoral coordination
+shall be provided in the promotion and protection of the people's health. Toward this purpose,
+the government shall consider primary health care as a principal strategy in the attainment of a
+level of health that shall permit all Filipinos to lead a healthy, socially and economically
+productive life.
+
+SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:
+
+(a) “Code” ‘refers to the National Health Code of the Philippines.
+
+(b) “Component city” refers to a city under the supervision of the provincial
+government of the province where it is located.
+
+(© “Chartered City” refers to a city which is independent of and equal to a
+province in terms of existence as a legal entity with political authority.
+
+(@) “Constitution” refers to the Philippine Constitution of 1987.
+
+(©) “Department” refers to the Department of Health (DOH).
+
+(“Field health operation unit of the Department” refers to the regional health
+
+
+office as modified according to the situation created by the Local Government Code of 1991
+(g) “Government” refers to the Philippine Government.
+(h) “Local health authority/government” refers to a municipal, city, provincial
+authority or government.
+(i) “Local health authority/service” refers to a municipal, city or provincial health
+office or service,
+G) “Local health board” refers to municipal, city or provincial health board which
+is the advisory body of local government on matters of health, as created by the Local
+Government Code.
+(k) “Nongovernmental health organizations” refers to voluntary agencies doing
+health work on a nonprofit basis; supported by private funds/foundations/contributions and may
+also receive some subsidy from the government or from its other instrumentalities.
+() “Private sector” refers to private health agencies operating on profit basis
+(m) “Medical workers” refers to the medical doctors, dentists, nurses and other
+graduates of medical courses.
+(n) “Health workers” refers to all government personnel involved in the delivery
+of health and medical services.
+
+SEC. 4. Scope. - This Code shall apply to all the components of the health sector as
+enumerated in Section 12 and to the national, provincial, city and municipal levels of the
+political mechanism as may be created by law.
+
+ARTICLE D
+DECLARATION OF POLICY
+
+SEC. 5. The Right to Good Health. - Health is a fundamental human right. The
+Attainment of the highest possible level of health is a most important national and worldwide
+social goal. As such, the government has a responsibility for the health of its people for which
+the government shall provide adequate health and social measures.
+
+SEC. 6. Community Involvement. - People shall have the right and the obligation to
+participate, individually and collectively, in the planning and implementation of their health care.
+Consequently, community involvement in shaping its own health and socioeconomic future
+including mass involvement of women, men and youth is a key factor in the national strategy for
+uplifting the level of health of all Filipinos.
+
+SEC. 7. Partnership in Health Developments. - (a) The health status of the nation is
+the outcome of the interaction of various factors many of which are beyond the traditional scope
+of responsibility of the health sector. For this reason, the latter shall require the coordinated
+support of various sectors. Intersectoral coordination in health development, therefore, shall be
+an obligatory prerequisite, for all health sectors to achieve the goal of health-for-all Filipinos.
+
+(b) Within the health sector, the government shall take the initiative in promoting
+coordination among government health agencies and in effecting a meaningful partnership with
+the private sector, the nongovernmental organizations (NGOs) and the community
+
+(©) This partnership concept shall focus on the mutual responsibilities, risks of and
+benefits for all parties involved, starting from the formulation of policies, programs and projects,
+to their implementation, completion and evaluation.
+
+SEC. 8. Availability, Accessibility, Acceptability and Affordability of Health Care. - The
+government shall continue to exert efforts towards the improvement of the health care delivery
+system, so that appropriate health care shall be available and accessible to all, by implementing
+programmes/approaches that are acceptable to the community and at a cost that it can afford.
+
+
+(a) Use of appropriate technology. - The technology that should be employed by the
+health sector shall not only be effective, but affordable, accessible and acceptable as well as,
+giving due regard to the culture and tradition of the country. Traditional healing and health
+practices, when scientifically validated, are to be integrated into the health practice of the
+country. For reasons of affordability, standards for health facilities shall be realistically adapted
+to the socioeconomic status of the country. Whenever necessary, sophisticated and upgraded
+health services shall be strategically located for optimum sharing through an agreed-upon system
+of referral.
+
+(b) Preferential allocation of resources to those most in need. - A health system based on
+the primary health care approach emphasizes equity and justice, believing strongly that the right
+to health care belongs to everyone and not just to those who can afford to pay for their own
+health care.
+
+Such a system should endeavor to reduce the gaps between those who have good health
+and those who have not, between those who can afford to pay for health services and those who
+cannot, by giving priority to the latter in the allocation of resources so as to meet the needs of
+those whose health needs are greatest.
+
+(©) Practice of sound management. - Sound managerial practice shall be fostered,
+applying the principles of equity, relevance to social needs, effectiveness and efficiency. Among
+others, the latter two shall include integrated health care delivery, assignment of appropriate
+decision-making authority to the different levels of the system, preference for ambulatory care
+whenever feasible, and priority to promotive and preventive health care. In connection with the
+latter, such decision shall be adequately funded in the budgets for expenditures of the national
+and local governments.
+
+SEC. 9. The Primacy of Health in Resource Allocation. - Development implies
+continuing improvements in the living conditions and quality of life of the people, and the latter
+depends on the level of health and proper nutrition. It is imperative that preferential allocation of
+resources to health care and services shalll be provided.
+
+SEC. 10. Development of Human Resources for Health. - The necessary human
+resources for health shall be developed in accordance with the requirements of the national
+health system, of which primary health care is the central function. In fulfillment of this
+principle, it shall be necessary for educational institutions and the Department to collaborate with
+each other in planning the type, number and quality of health manpower to be produced and to.
+ensure their appropriate geographical distribution. In this regard, local governments and health
+authorities and other relevant sectoral representations shall be consulted.
+
+ARTICLE UT
+STRUCTURE AND LINKAGES OF THE HEALTH SECTOR
+
+SEC. 11. Functional Description of the Health Sector. - The health sector shall be
+construed as agencies/offices that are directly involved in health protection and improvement,
+such as:
+
+(a) Direct provision of health services in all aspects of Promoting good health,
+prevention, diagnosis and treatment of diseases and medical rehabilitation of people who get
+sick;
+
+(b) Development and provision of human resources for health, drugs and medical
+supplies, and financial schemes;
+
+
+(c) Research and development to continuously maintain the capability of health workers
+and the relevance of the present health care system to the evolving national and local health
+situation; and
+
+(d) Coordinating, controlling, and directing organizations and activities associated with
+the other health functions.
+
+SEC. 12. Components of the Health Sector. - The health agencies/offices within the
+health sector shall fall under the following categories:
+
+(2) A government component, which shall include the health care delivery system that is
+jointly operated by the Department and the local governments and offices or units under other
+governmental agencies/departments which are directly in one or more of the functions mentioned
+in Section 11;
+
+(0) A private component, which shall be composed mostly of practitioners or health
+professionals, private clinics and private hospitals, health science teaching institutions, and
+facilities for the production of drugs, medical supplies, materials and equipment, consistent with
+the constitutional provisions of recognizing the indispensable role of the private sector and
+voluntary private enterprises; and
+
+(¢) Nongovernmental, community-based or sectoral voluntary organizations that promote
+the welfare of the nation.
+
+SEC. 13. Relationships of Components. ~
+
+(a) The government, the private sector and the NGOs shall perform their roles in a spirit
+of mutual respect and cooperation, complementing and supporting each other, with the former
+providing encouragement and needed incentives, creating a favorable environment for the
+effective and efficient discharge of the functions of the private sector and NGOs.
+
+() Within the governmental sector, the Department shall maintain cooperative
+relationships with the health offices or agencies under other departments, providing coordination
+and technical advice
+
+The Department shall assist the local health authority by providing technical supervisory
+services including monitoring and general advisory services. Under the Local Government
+Code, local governments shall be fully responsible for the provision of basic health services in
+their respective areas, in accordance with national policies, guidelines, and standards, interacting
+harmoniously with the national government through the Department. While the Department
+remains the primary government agency responsible for the protection and promotion of the
+people’s health, the local governments within their territorial jurisdiction shall be responsible for
+implementing such promotive and preventive health programs and projects.
+
+(c) The managerial policy shall prevail is that of a national direction and decentralized
+implementation, in an environment of mutual trust, respect and cooperation.
+
+SEC. 14. Role of the Department of Health. - The Department shall be responsible for
+the following:
+
+(a) Define the national policy, formulate and implement a national health plan within the
+framework of the government's general policies and plans, and to present proposals to
+appropriate authorities on national issues which have health implications,
+
+(b) Setting of national health norms and standards of health service operations;
+
+
+(©) Management of specified tertiary medical care facilities and specialized health
+facilities intended to serve at the national level;
+
+(d) Technical supervision of local health services and coordination or
+provincial/chartered city health services;
+
+(©) Extension to local governments of technical, administrative, logistic and financial
+advisory support services;
+
+(© As may be needed, develop health programs and projects in response to evolving
+priority problems;
+
+(g) Formulation and overseeing the implementation of health regulatory measures;
+
+(h) Collaborate with sectors concemed in the formulation and implementation of human
+resource policies and plans;
+
+( Collect, analyze and disseminate health statistical and other relevant information on
+the country’s health situation and require the reporting of such information from appropriate
+sources, including local health authorities and government hospitals;
+
+) Educate the people on proper health care, disease prevention, sanitation and nutrition;
+
+(k) Promote coordination among health-related sectors in activities for health promotion
+and protection at national levet including the private health sector, nongovernmental health
+organizations and international organizations;
+
+(W) Mobilize sources of funds and technical cooperation for health development purposes,
+both international and external,
+
+@ Promote, conduct research for more effective health care delivery;
+(m) Prevention and control of epidemic; and
+
+(a) As a member of the National Disaster Coordinating Council, to be the lead agency for
+health in disaster preparedness, relief and rehabilitation.
+
+SEC. 15. Role of the Provincial/Chartered City Government. - The provincial/chartered
+city government with its corresponding local health authority and board will be responsible for
+the following:
+
+(a) Formulation and implementation of provincial/chartered city health policies and plans
+within the framework of the national health policies and plans, and considering the
+provincial/chartered city health situation;
+
+(&) Implement national programs devolved to the provincial/chartered city level;
+
+(©) Provide technical supervision, support and coordination to municipal and component
+city health services;
+
+(d) Manage and finance the provincial, city, district, extension and medicare hospitals;
+construct, repair or renovate as necessary such facilities;
+
+(©) Collection/consolidation and analysis of health information from the municipal and
+component city levels, and their disseminations; submission of required reports to the
+Department;
+
+
+(f) Promote coordination among health-related sectors in activities for health promotion
+and protection at the provincial/chartered city level, including the private sector and
+nongovernmental health organizations;
+
+(g) Promote/conduct research for more effective health care delivery;
+(h) Prevention and control of epidemics; and
+
+(@ As a member of the provincial/chartered city disaster preparedness, relief and
+tehabilitation.
+
+SEC. 16. Role of the Municipal/Component City. - ‘The municipal/component city
+government with the assistance of its corresponding local health authority and board will be
+responsible for the following:
+
+(a) Formulate and implement municipal/component city health plan within the framework
+of the provincial and national health plan, and considering the local health situation, based on,
+among others, analysis of collected relevant information;
+
+(b) Implement programs and projects of the national and provincial health plans that are
+applicable to the municipal/component city;
+
+(©) Implement regulatory measures formulated at national and provincial level, and
+Propose and implement whatever other needed regulatory measures for the municipality and city;
+
+(d) Manage and finance the operation of the municipal/component city health services,
+including hospitals owned by them; construct, repair or renovate such facilities as necessary;
+
+(e) Submit required reports to the provincial health office or to the Department;
+
+(® Promote coordination among health-related sectors in activities for health promotion
+and protection at municipality level, including the private sector and nongovernmental health
+organizations;
+
+(g) Conduct research for more effective health care delivery;
+(h) Prevention and control of epidemics; and
+
+( As a member of the municipal/component city disaster coordinating council, the
+municipal/component city health service shall act as lead agency for health at. the
+municipal/component city level in disaster preparedness, relief and rehabilitation,
+
+SEC. 17. Principal Strategy. - In the pursuit of the goal of achieving health for all
+Filipinos, the country has adopted primary health care as its principal strategy, which is defined
+in the International Conference on Primary Health Care in Alma Ata in 1978, as follows:
+“Primary health care is defined as essential health care based on Practical, scientifically sound
+and socially accepted methods and technology made universally accessible to individuals and
+families in the community through their full participation and at a cost that the community can
+afford to maintain at every stage of their development in the spirit of self-reliance and self.
+determination. It forms an integral part of the country’s health system of which it is the central
+function and focus. It is the first level of contact of individuals, the family and the community
+with the national health system bringing health care as close as possible to where people live and
+work, and constitutes the first element of a continuing health care process.”
+
+SEC. 18. Services to be Made Available. - This Code shall Provided for eleven (11)
+essential elements of primary health care to focus further attention on neglected/emerging health
+problems. The elements are’
+
+
+(a) Education concerning prevailing health problems and the methods of preventing and
+controlling such problems;
+
+(b) Promotion of food supply and proper nutrition;
+
+(c) Adequate supply of safe water and basic sanitation;
+
+(d) Maternal and child health care including family planning;
+(©) Immunization against the major infectious diseases;
+
+(f) Prevention and control of locally endemic diseases;
+
+(g) Appropriate treatment of common diseases and injuries;
+(h) Provision of essential drugs;
+
+(i) Prevention and control of leading noncommunicable, and fife style related
+diseases/conditions, and of illnesses or conditions arising from environmental and occupational
+health hazards;
+
+(i) Promotion of dental health; and
+
+(k) Health care of the elderly and of the physically and mentally disabled including their
+rehabilitation.
+
+SEC. 19. Organizational Structure of the Health Care Delivery System. - As much as
+possible, the essential elements of primary health care shall be delivered at the first point of
+contact between the individuals and the health system. Due to limited capability at the first point
+of contact, which may be either the barangay health station or the main health center, the rest of
+the system, from the next higher level to the top, should be considered equally responsible for
+their delivery, which requires a strong and smoothly functioning referral and support system to
+the periphery.
+
+The health care delivery system shalt have a pyramidal structure, with continuing efforts
+to broaden the base to cover the entire population.
+
+(a) The barangay health stations and the main centers shall be staffed and equipped to
+provide the basic elements of primary health care, technically guided by the provincial/district
+health officers and administered by the municipal/district health officers and administered by the
+'tusnicipal or city governments concerned. Further extension of the system may be done through
+the Use of health auxiliaries;
+
+(b) From the barangay health stations and/or main health centers to the central level there
+shall be various intermediate levels of health care of increasing capability, where more complex
+problems can be dealt with more skilled and specialized care as well as logistic support. They
+shall have more highly trained staff that can provide continuing training to primary health
+workers,
+
+Their staff shall also provide guidance to communities and community health workers on
+practical problems arising in connection with all aspects of primary health care. Such
+intermediate levels shall include the district hospitals and provincial hospitals, insofar as medical
+care is concerned; and provincial health offices and chartered city health offices, insofar as
+technical advisory and support services for public health care are concerned.
+
+
+To be more effective in providing technical and administrative support, the provincial
+health office shall institute a functional division of the province into zones or health districts,
+delegating supervisory authority and support duties to the district hospital which shall form the
+core of the district to which the municipal/component city health services may refer cases or
+draw support.
+
+Should the provincial health office be inadequate in providing technical support, it shall,
+with the endorsement of the chief executives of the province, request the services of the field
+operation unit of the Department;
+
+(©) At the central level is the Department, its field operation units, the medical centers
+and the regional hospitals. These shall support the lower levels and coordinate all parts of the
+system, provide planning and management expertise; highly specialized care, training for
+specialized staff, the expertise of such institutions as central laboratories, and central logistic and
+financial support;
+
+(@) The extension of the health care system, from the barangay health station to the
+homes and work places, to bring the essential elements of primary health care as close to the
+individual as possible through the recruitment and training of village health auxiliaries,
+community action groups, traditional healers and birth attendants, and the promotion of self care
+within limits to be specified by the Department; and
+
+(©) At any level of the system, the participation of the private health sector, and NGOs,
+shall be encouraged, coordinated and solicited, in consultation with the local governments guided
+by national technical standards.
+
+SEC. 20. Linkages and Support to Other Sectors. - (a) Appropriate linkages with
+health-related sectors and NGOs doing health work shall be established and maintained. The
+entire health sector shall promote this, and the Department and the local health authorities shall
+be among the prime movers. They shall consider intersectoral coordination in health promotion
+and protection as one of the major functions.
+
+Mechanisms for coordination, such as interagency coordinating committees or existing
+development councils at different levels shall be strengthened. Among others, such sectors to be
+involved are education, nutrition, and food production, housing, trade and industry, environment,
+labor, social welfare, security and public works. In addition, the support of the national agencies
+concemed with budgeting and auditing shall be strengthened.
+
+(b) Health promotion and protection shall be the primary concern of the health sector and
+its second most important concern shall be to cooperate and support activities which are health-
+related such as prevention of drug abuse, accident prevention, control of environment pollution,
+and those activities of very high socioeconomic concern such as energy and water conservation,
+housing, crime prevention, reconciliation and ecological balance.
+
+ARTICLE IV
+DISEASE CONTROL AND PUBLIC HEALTH
+
+SEC. 21. Responsibility of the Population in Diseases Control and Public Health. -
+The people are hereby enjoined to follow the advice of health authorities and to comply with
+heaith and sanitary rules and regulations relevant to health Promotion and disease control.
+
+
+SEC. 22. Listing of Notifiable Diseases. - The Department shall review periodically
+the list of notifiable diseases and make revisions as needed. Diseases to be included in the list
+need not be confined to communicable diseases but shall also include noncommunicable diseases
+considered important by the Department such as cardiovascular diseases, malignancies and
+disabling endemic nutritional diseases.
+
+SEC. 23. Reporting of Dangerous Communicable Diseases. - Local health units shall
+report on a regular basis through established channels the occurrence of notifiable diseases.
+Relative to this, the Department shall identify among those listed, communicable diseases which
+it considers dangerous from the standpoint of their transmissibility and severity.
+
+Every physician, person in-charge of institutions, and other individuals enumerated in
+Commonwealth Act No. 3573, Section 2 who may have knowledge of the occurrence of such
+diseases shall be required to report the matter to the nearest government health office by the most
+expeditious means. The latter in turn shall convey the information through the reporting
+channels established, to the Department, and promptly inform the local chief executive as well.
+
+SEC. 24. Role of the Local Health Authority in Disease Control and Public Health, -
+The municipal/component city health authority shall implement the basic measures for health
+promotion and disease control such as health education, improvement of the state of nutrition
+and control measures such as enforcement of sanitary rules and regulations, environmental
+improvement, disinfection, elimination of reservoirs of infection, immunization, early detection
+and treatment and/or referral, It will implement/support special disease control programs
+managed by the Department or the provincial/chartered city health office.
+
+SEC. 25. Special Disease Control Programs. - As it deems appropriate, the
+Department shall formulate and implement special disease contro! programs, nationally or
+regionally as the case may be. The local health authority, in consultation with the Department
+shall have the authority to initiate similar special programs if warranted by its local conditions.
+
+SEC. 26. Participation of the Private Sector. - Private medical practitioners shall be
+encouraged to participate in activities for health promotion and disease prevention, particularly
+health education, early detection and notification of occurrence of notifiable diseases,
+immunization and other public health or control programmes. They may, however, be mandated
+to participate in the treatment of patients during epidemics.
+
+SEC. 27. Prevention and Control of Epidemics. - The prevention and control of
+epidemics shall be a practical concern of the government’s health care delivery system at
+municipal, provincial and national levels, A system of surveillance, timely notification and
+provision of technical, administrative, logistic and financial support services to the local health
+authority shall be instituted by the Department.
+
+Under this scheme, the municipal/component city health authority shall constitute the
+first line of defense, the province as the second line. The Department shall constitute the final
+line of defense. Depending on the extent and severity of the epidemic, the Department shall
+temporarily assume direct supervision and control over health operations as per conditions
+stipulated in the Local Government Code of 1991
+
+SEC. 28. Precaution in Handling Dangerous Communicable Diseases. - The
+Department shall be responsible for the prevention of the occurrence of dangerous
+communicable diseases by the promulgation of necessary measures such as the requirement of
+health clearances including protection from certain illness from incoming visitors and the
+institution of quarantine measures as may be necessary.
+
+
+ARTICLE V
+PERSONAL HEALTH CARE
+
+SEC. 29, Responsibility for Personal Health Care. ~ Every individual shall have the
+responsibility to ensure his and his family’s optimum state of health, nutrition, welfare and
+productivity. This responsibility is linked to the right of each person to proper and adequate
+knowledge about health and health care; the right to live in an environment conducive to healthy
+living; and the right to equal access to basic health services.
+
+In the discharge of this responsibility, the family and the community have very important
+roles to play. ‘The former shall be bound to provide as much support as it can for the adequate
+role of its sick member, and of its elderly. The community on the other hand shall be bound to
+participate actively in the implementation of health care. Such participation shall include
+organizing health committees, supporting village health workers and implementing measures
+such as but not limited to, cooperatives, mutual funds and fund drives that can provide support to
+sick members.
+
+SEC. 30. Government's Responsibility in Health Education for Personal Health Care. -
+The government has the responsibility to provide the individual the necessary information and
+knowledge which will enable him to appropriate measures to promote and protect his health.
+This responsibility is to be carried out by a system of community health education which is
+integrated to the different public services given to the community.
+
+SEC. 31. Provision of Essential Health Care. — the government shall ensure provision of
+essential health care services enumerated in Section 18 of this Code to every individual through
+an organized system of health service delivery participated in by all the categories of
+components of the health sector as described in Section 7 of this Code.
+
+SEC. 32 Means of Providing Service. It shall be the overriding policy of the
+government that no individual shall be denied medical attention for lack of ability to pay. For
+this purpose, the national government and the local government units shall maintain medical care
+facilities of graduated capability through which services may be rendered as described in Section
+18 and medicines provided free to those who cannot afford to pay them.
+
+The government, through the Department, may contract existing private hospitals to
+provide medical care services in areas it cannot do so. It shall provide the necessary incentives
+and support for private hospitals to be established and non-government health organizations to
+operate in designated areas. It shall likewise promote self-regulation and standardization of
+charges, for services in the private sector.
+
+SEC. 33. Availability of Essential Drugs and Micromutrients. - The government shall
+
+continue to ensure the availability of, and to reduce to affordable levels the Price of, essential
+drugs and micronutrients.
+
+ARTICLE VI
+DEVELOPMENT OF HUMASN RESOURCES FOR HEALTH
+
+SEC. 34. Mechanisms for the Planning and Development of Human Resources for
+Health, - In the fulfillment of the principle on human resources for health in Section 10, the
+
+VW
+
+
+Department shall take the lead in promoting and supporting health human resource planning and
+development. It will promote and support the constitution of appropriate multi-sectoral
+mechanism(s) which will continuously analyze the health human resource situation of the
+country, formulate, monitor and help in the implementation of policies.
+
+SEC. 35. Support to Private Educational Institutions. - The government shall encourage
+the private educational institutions to develop human resource capabilities. It shall provide
+support in strengthening the training programs of private institutions, to include faculty
+development, enhancement of relevance of the curricula to the national situation with emphasis
+‘on promotive and preventive health care, developing standard teaching materials and textbooks
+based on local conditions, strengthening library facilities, improving the assessment of student
+progress and the conduct of research in human resource for health,
+
+SEC. 36. Utilization of Barangay Health Workers. — As a matter of general principle,
+the Department supports the training and utilization of barangay health workers in either
+voluntary or pay basis. However, the decision of whether to include them into the system or not,
+the nature of work to be assigned to them, and the administrative consideration shall be a
+decision of the municipal or city health authority and the local government concerned. The same
+policy shall apply to traditional birth attendants and herbalists,
+
+SEC. 37. Rights and Privileges of Public Health Workers in the Government Sector.
+With reference to health workers employed by the government and its political subdivision, their
+rights, privileges, incentives and other rules governing their employment and career shall be in
+accordance with the provisions of the Magna Carta of Public Health Workers, Civil Service rules
+and regulations and the Code of Conduct and Ethical Standard for Public Officials and
+Employees.
+
+SEC, 38 Professionalization of the Government Health Service. - Professionalization of
+the government health service through strict adherence to Civil Service rules and regulations,
+through the recruitment of bright, young, motivated health professionals, and through the further
+development program as described in Section 39 shall be an overriding concem of the
+Department.
+
+SEC. 39. Continuing Staff Development. - The department shall formulate and
+implement a continuing staff development program, and shall explore effective innovative and
+efficient approaches to reach as many health workers or professionals as possible.
+
+In this connection, the Department shall institutionalize collaboration in the training of
+health workers and supervisors by forging linkages between its training centers and other
+institutions. In consultation and collaboration with local government units, it shall organize and
+conduct training courses as may be required by the health staff of the latter.
+
+ARTICLE Vi
+PARTICIPATIVE PLANNING AND HEALTH POLICY FORMULATION
+
+SEC. 40, National Level of Planning. As provided in Section 14 hereof, the department
+shall be responsible for determining the national health policies and the formulation of national
+health plans. It shall aim for a wide degree of participation in the planning process with the
+involvement of relevant agencies/institutions and the community
+
+For this purpose, the DOH shall implement measures to facilitate the development of
+health planning and management skills and to strengthen planning, implementation, coordination
+and evaluation mechanism at the national, regional and local levels of the public health care
+delivery system
+
+
+SEC. 41. Provincial/Chartered City Level of Planning. - The provincial/chartered city
+health board shall develop a health planning mechanism with itself as the core that shall ensure a
+wide degree of participation by the community. Through such mechanisms, it shall formulate
+provincial/chartered city health policies and plans which shall include the relevant provisions of
+the national health plan, and specific programs and projects responding to important problems
+not otherwise addressed by the national health plan. It shall provide planning guidelines to the
+municipal/component city health board, and ensure the coordination and harmony of the plans to
+be formulated by the latter.
+
+SEC. 42, Municipal/Component City Level of Planning. - At the municipal/component
+city level, the health board shall develop a health planning mechanisms with itself as the core
+that shall ensure a wide degree of participation and community involvement. It shall convert into
+operational terms the relevant provisions of the national and provincial health plans, and shall
+formulate specific programs and projects required by the local situation not otherwise provided
+for in the higher level of planning,
+
+The health board shall bring to the attention of policy makers at the provincial/national
+level, the views/suggestions/complaints of the communities which require higher level of
+decision.
+
+SEC. 43. Barangay Level of Planning. - Planning for health at the barangay level shall
+be a joint responsibility of the barangay development council, the health officer of the
+municipal/component city and his health staff assigned to the barangay. The council shall
+include project/activities for health development in its socioeconomic development plan. It shall
+be the responsibility of the municipal/component city health boards to orient the council on the
+process of planning for health development.
+
+SEC. 44. Planning Standards and Review Process. - The Department shall develop
+planning standards and criteria for the guidance of local health boards. The provincial health
+board shall review the plans of the municipalities/component cities, and the plans of the
+provinces shall be reviewed by the Department.
+
+ARTICLE VIL
+HEALTH CARE FINANCING
+
+SEC. 45. Funding of Government Hospitals. - Financial support of all government
+hospitals shall be a shared responsibility of the national and local governments, with the
+Provincial/chartered city government assuming an increasing share of the obligation for the
+extension, medicare, district, provincial and regional hospitals. Hospitals owned by the local
+governments shall be fully funded by them. Certain medical centers as specified by the
+Department shall be managed and fully financed from national sources.
+
+The functional grouping of municipalities into districts shall continue, and the financial
+obligations of the municipal/component city governments to support their districts shall be
+defined, reviewed and adjusted as needed thereafter. This funding responsibility shall be shared
+by the citizenry in general through total coverage with some form of third party payment and
+other schemes as provided for in Section 47 of this Code.
+
+SEC, 46. Funding of Local Health Services. - The local health services, specifically
+the health centers and barangay health station shall be managed and funded by the
+municipal/component city governments. However, in the case of municipal/component city
+governments financially unable to support such services, the national government, upon
+recommendation of the Department, shall provide the appropriate grants/subsidies and:
+
+13
+
+
+Provided, further, That the local government concerned has shown serious effort in making
+efficient and effective use of existing resources, and in making appropriate allocations to the
+different local governmental services/infrastructures.
+
+SEC. 47. Promotion of Financing Schemes for Health Care. - The government shall
+Promote the coverage of the total population with financing schemes by expanding the coverage
+and improving the benefits of the Medicare Program, by encouraging the establishment of health
+maintenance organizations, ‘health insurance schemes and health cooperatives, provision of
+additional health benefits by employers and other forms of financing schemes. Towards this end,
+the government shall adopt a self-imposed time limit within which total coverage of the
+population is to be achieved.
+
+ARTICLE IX
+RESEARCH AND DEVELOPMENT
+
+SEC. 48. Promotion of Relevant Research, - The DOH shall Promote research which
+serves the public health. This means that the outputs of any research activity shall eventually
+redound to the crafting of a policy, the improvement of a service including reduction of cost, the
+development of a treatment, the encouragement of a behavior that leads to improvement in the
+health status and the quality of life of the Filipino people.
+
+SEC. 49. Improvement of Management Mechanisms for Research. - The government
+shall continually refine/improve the existing research management mechanism which will define,
+based on a wide degree of participation, a dynamic research agenda that is attuned to the priority
+health problems of the country, coordinate studies, mobilize ‘support, evaluate results, and
+Promote utilization of the results of such studies. In pursuance of this intention, all health
+agencies shall be encouraged to give priority to the research function, and set aside certain
+Proportion of their budget for research methodologies shall be part of their basic instructions.
+
+SEC. 50. Networking of Institutions, - The research management mechanisms shall
+Promote networking of institutions, encouraging multi-disciplinary research, exchange of
+information and sharing in the use of resources
+
+SEC. Si. Health Product Research and Development. - The government and the
+private sector shall work together towards the development of national self-sufficiency and
+feasible health products, such as vaccines, diagnostic reagents, pharmaceuticals, herbal
+medicines and biomedical equipment, devices and appliances. The government guarantees the
+right to intellectual property of the private sector.
+
+In addition, the government shall exert the effort to secure the support of medical and
+related industries in the manufacture of essential drugs, offering them at affordable costs. The
+government shall ensure that no person needing such drugs shall be denied their benefits for
+reason of poverty.
+
+ARTICLE X
+REGULATORY AND LICENSING FUNCTIONS
+
+SEC. 52. Clarification of Regulatory and Licensing Functions. - The regulatory and
+licensing functions consist of inspectorial activities to determine compliance with
+
+
+standards/rules/regulations by persons or establishments and the grant of a license or permit to
+‘operate/work upon satisfactions of the requirements.
+
+SEC. 53, Regulatory Function of the Muncipal/Component City Health Authority,
+The municipaVcomponent city health authority shall exercise regulatory functions on all
+establishments assigned to them by the Code of Sanitation and by the Local Government Code in
+the manner specified by such codes. The grant of license or permit to operate shall be given by
+the municipal/component city government based on, among others, the recommendation of the
+municipa/component city government based on, among others, the recommendation of the
+municipal/component city health authority. Should technical support be required such as the
+provision of advice/expert opinion, and the carrying out of special procedures, this will be
+provided upon request by the provincial health office and if the latter is not able to, by the
+Department.
+
+SEC, $4. Regulating of Health Establishments. - For the regulations and grant of
+license to operate to health establishments such as drugstores, blood banks, pharmaceutical
+firms, clinics, clinical laboratories, dental laboratories, X-ray clinics and hospitals, the
+Department shall continue to exercise authority, including the grant of license or permit to
+operate, until such time that capability for such work shall have been developed at the
+municipal/component city level, as may be determined by competent authority like the Bureau of
+Food and Drugs. The Department shall also retain regulatory authority over food products,
+drugs, micronutrients, devices, cosmetics, water analysis laboratory, HIV testing laboratories,
+medical clinics for overseas workers and seafarers and hazardous household substances,
+
+ARTICLE XI
+INTERNATIONAL COOPERATION
+
+SEC. 5S. Relationship with External Agencies. - The country through the Department
+shall maintain a cooperative relationship with international development agencies, international
+health organizations, and health organizations and health agencies of other countries, and shall
+Participate in relevant mutually beneficial activities including exchange of information,
+extension of use of health facilities/institutions and sharing or resources in matters of emergency.
+
+SEC. 56. Enhancing the Effectiveness of External Cooperation. - The Department shall
+take the lead role in negotiating for external support for health development from multilateral
+and bilateral agencies. It shall promote joint programming with such agencies in order to
+rationalize and enhance the effectiveness of external cooperation which shall be used strictly for
+developmental projects.
+
+SEC. 57, Coordination of Negotiation. - Other agencies which may wish to negotiate
+directly with local governments may do so, but the latter shall inform the Department
+accordingly. Such support shall be based on the priority needs of the local health authority. The
+Department shall reserve the right to review such offer of cooperation and to suggest revisions
+when changes are necessary for the best interest of all concerned.
+
+SEC. 58. National Sovereignty in External Cooperation. - External support shall be
+negotiated in an atmosphere of mutual respect for the authority of the extemal agency and the
+sovereignty of the country. The latter shall have the final decision on what kind of assistance to
+be requested and for what purpose. As much as possible local sourcing of material needs of joint
+collaborative projects shall be observed.
+
+ARTICLE XI
+FINAL PROVISION
+
+SEC, 59. Amendatory Clause. - This Code shall be considered as the guiding
+framework of the health sector in its effort to promote and protect the health of all Filipinos. As
+
+
+needed, depending on developments arising in the country, certain sections of the Code may be
+revised
+
+SEC. 60. Separability Clause. - In the event that any section, paragraph, sentence,
+clause or word of this Code shall be declared invalid for any reason, the other provisions thereof
+shall not be affected thereby.
+
+SEC. 61. Repealing Clause. - All laws, as well as pertinent rules and regulations
+
+thereof which are inconsistent with the provisions of this Code are hereby repealed or amended
+accordingly.
+
+SEC. 62. Effectivity, - This Code shall take effect immediately upon approval.
+Approved,

data/document/hb/13/00001-01000/HB-00084.txt

@@ -0,0 +1,130 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+84
+
+HB.
+
+Introduced by HON. JUAN EDGARDO “SONNY” M. ANGARA.
+
+EXPLANATORY NOTE .
+
+Under the Philippine setting, public school teachers occupy a socio-historical role. The
+teacher is looked up to as the source of enlightenment, In current times, however, the public
+school teacher has collectively been misunderstood, neglected and even disregarded. For turning
+to the streets to air their grievances and seek support for their demands, they have been vilified,
+threatened and even treacherously handled by the very government officials whose fundamental
+concern includes the interest of the public school teachers.
+
+Yet, when we look into the provisions of the fundamental law of the State:
+
+“The State shall assign the highest budgetary priority to education and ensure that
+teaching will attract and retain its rightful share of the best available talents through adequate
+remuneration and other means of job satisfaction and fulfillment”. [Article XIV, Section 5(5)]
+
+It is ironic that despite the above-cited provisions, the plight of the public school teacher
+still leaves much to be desired. The Salary Standardization Law of 1994 somewhat improved the
+plight of our public school teacher. But then, they still need more incentives especially these
+teachers assigned outside their town or province
+
+This measure proposes additional incentives to public school teachers who are assigned
+in towns different from their own town but within the same province. Those who are assigned to
+towns of other provinces shall be entitled to more incentives. The incentive is supposed to
+answer for the physical and economic dislocation of a teacher who is presumably working in
+another place because he could not be assigned in his own town. The incentive shall be in
+addition to the basic salary and benefits being received by the public school teachers before this
+Act.
+
+For the above reasons, approval of this bill is earnestly requested.
+
+AN EDGARDO M/ANGARA
+Representative
+
+Lone District of Aurora Province
+
+
+THIRTEENTH CONGRESS )
+REPUBLIC OF THE PHILIPPINES _)
+First Regular Session )
+
+HOUSE OF REPRESENTATIVES
+
+H.B. No. 84
+
+Introduced by HON. JUAN EDGARDO “SONNY” M. ANGARA
+
+AN ACT
+PROVIDING INCENTIVES TO PUBLIC SHOOL TEACHERS WHO ARE ASSIGNED
+OUTSIDE OF THEIR TOWNS AND PROVINCES APPROPRIATING FUNDS
+THEREFOR AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+SECTION. 1. This Act shall be known as the “Public School Teachers’ Incentives Act of
+2004.”
+
+SEC. 2. Declaration of Policy — It is the policy of the state to provide incentives to public
+school teachers who are assigned to teaching jobs outside of their respective towns and
+provinces. As much as practicable public school teacher shall be assigned to their respective
+towns,
+
+SEC. 3. Assignment to another town within the same province - Any public school
+teacher who is assigned to a town other than his own shall in addition to his basic salary and
+benefits under the Salary Standardization Law be entitled to One Thousand Pesos (P1,000.00)
+monthly as incentive allowance
+
+SEC. 4. Assignment to another province - Any public school teacher who is assigned to
+a town of another province other than his own shall in addition to his basic salary and benefits
+under the Salary Standardization Law be entitled to Two Thousand Pesos (P2,000.00) monthly
+as additional incentives.
+
+SEC. 5. Difficulty Differential. - Any public school teacher shall receive a monthly
+difficulty differential pay amounting to Ten Percent (10%) of his/her basic salary in addition to
+the incentives stated in the previous section, for each of the following factors:
+
+a) Mode of Access and Distance. When access to the work station involves either a one
+hour walk through footrails or one hour trough any of the following conveyances: banca,
+pumpboat, animal-ride and/or animal-drawn vehicle;
+
+b) Absence of Electricity;
+
+©) Absence of Running Water/Waterworks System;
+
+d) Absence of Primary Health Care Facility.
+
+SEC. 6, Transferees. ~ The provisions of this Act shall apply to any public school
+teacher who is officially transferred from his original assignment in accordance with lawful
+orders of his/her superiors.
+
+
+SEC. 7. Suspension of the Incentives. - A public school teacher who has received
+benefits under this Act but is eventually transferred to his own town shall cease to be entitled to
+the incentives stated herein.
+
+SEC. 8. Place of Origin, - For purposes of determining the town or province of origin of
+a public school teacher, the scholastic records filed in the Department of Education shall be
+consulted, otherwise, certification from the Barangay Chairman shall be used.
+
+SEC. 9. Tax Exemptions ~ Incentives received under the provisions of this Act shall be
+exempt from tax liability.
+
+SEC. 10. Appropriation. ~ The President is hereby authorized to realign or transfer any
+item or appropriation within the Department of Education and/or utilize any savings therein to
+carry out the purpose of this Act. Whatever additional amount as may be needed for its
+implementation shall be included in the General Appropriations Act of the ensuing Fiscal Years.
+
+SEC. 11. Repeating Clause. - All Acts, Presidential Decrees and Issuances inconsistent
+wiffi@his Act are hereby repealed or modified as the case maybe.
+
+SEC. 12. Separability Clause. - If any provision of this Act is declared unconstitutional
+or inoperative, the other provisions not so declared shall remain in force and effect.
+
+SEC. 13. Effectivity. - This Act shall take effect after two (2) publications in any
+national newspaper.
+
+Approved,

data/document/hb/13/00001-01000/HB-00085.txt

@@ -0,0 +1,1056 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+85
+
+HNO.
+
+INTRODUCED BY HONORABLE JUAN EDGARDO “SONNY” M. ANGARA
+es
+
+EXPLANATORY NOTE
+
+This bill seeks to provide a Magna Carta for the Informal Sector.
+
+The informal sector comprises almost half of the country’s total workforce, They include
+among others the micro-entrepreneurs, the househelps, small farmers, illegal sidewalk vendors,
+hawkers, kaingeros (or the so-called slash-and-burn dwellers), and other groups of people who
+live and earn their living in their own little ways.
+
+In economic parlance, “informal sector” refers to a specific sector in the economy where
+most of the participants are categorized as “unregistered, undocumented, untaxed, uninsured,
+disorganized and doing irregular economic activities.” Often, they are also being referred as
+“small-scale (economic) units, self-employed activities (with or without hired workers, with low
+level of organization and technology.”
+
+Largely coming from the economically-disadvantaged sector, the informal sector live in
+substandard conditions (in hovels even, among the many squatter colonies), earning just a
+pittance that is hardly enough to meet their basic needs. They include the jobless and the
+underemployed, out-of-school youth, housewives, and children, marginalized workers: in
+depressed communities, the disabled, etc, — all of whom hailed from the impoverished groups
+who lack skills, education and access to employment. Because of their very nature, they are
+exposed to exploitative terms and conditions of work. Work condition is substandard, which
+often feature cramped workspace, improper posture, fatigue, poor work tools, poor lighting and
+ventilation, heat and some chemical hazards,
+
+By their very nature and operation, workers belonging to the informal sector are excluded
+from the coverage of the Labor Code and other pieces of social legislation and are subject to
+exploitation by businesses and factories which often resort to subcontracting low wages, long
+hours of work, absence of fringe benefits, etc. Moreover, women and children who fall into this
+sector are likewise vulnerable to exploitation from wholesalers, moneylenders and corrupt police
+authorities through “kotong” or extortion. Furthermore, the absence of a monitoring system and
+regulations to protect their respective working environments have made them exposed to health
+and safety risks.
+
+It cannot also be denied, on the other hand, that by sheer need to eam a living, many of
+the people in the informal sector who engage selling foodstuffs and drinks have often
+compromised sanitation, safety and quality standards of the items they sold.
+
+
+A cursory look etal these activity only proves that there are just a lot of things to be
+pursued if indeed the government is to protect and promote the interest and welfare
+of millions of Filipinos belonging to the informal sector of the economy.
+
+‘This proposed Magna Carta for the Informal Sector, therefore, envisions to pursue
+realistic efforts to correct the prevailing system which, in one way or another, have denied and
+plunged the informal sector of the Philippine economy into deeper menace. By introducing an
+integrated, holistic and comprehensive policy instrument for the informal sector, it is hoped that
+a systematic effort towards bringing the informal sector into the mainstream of Philippine
+economy can be achieved.
+
+In view of this, the early passage of this bill is earnestly sought.
+
+Lin Om
+
+JUAN EDG: ANGARA
+Lone District, Province of Aurora
+
+
+THIRTEENTH CONGRESS OF THE )
+
+REPUBLIC OF THE PHILIPPINES )
+First Regular Session )
+: 85
+H.B. No.
+
+Introduced by HON. JUAN EDGARDO “SONNY” M. ANGARA
+
+AN ACT
+PROVIDING FOR A MAGNA CARTA FOR THE INFORMAL SECTOR,
+INSTITUTIONALIZING MECHANISM FOR IMPLEMENTATION
+THEREOF AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled:
+
+TITLE I
+GENERAL PROVISIONS
+
+Chapter I
+Framework and Principles
+
+SECTION 1. Short Title. — This Act shall be known as the “Magna Carta for the
+Informal Sector.”
+
+SEC. 2, Declaration of Policy. — It is hereby declared the policy of the State:
+
+(@) To promote and improve the total well-being of the poorest-of-the-poor and the
+marginalized low level income earners who engaged in economic activities under the informal
+sector;
+
+(b) To nurture and protect the interests of the informal sector by providing with adequate
+and timely social, economic and legal services, as well as mechanisms that shall protect their
+rights and promote benefits that ensure their dignified existence and economic advancement;
+
+(©) To recognize the rights of every worker in the informal sector, to protect them,
+especially women and children, from abuse, economic exploitation and from performing work
+that is hazardous to their physical, mental and spiritual health;
+
+Toward this end, the State shall come up with an integrated, holistic and comprehensive
+policy instrument for the informal sector that will facilitate:
+
+(a) the enhancement of their entrepreneurial skills and their capabilities to become more
+productive and self-reliant thereby ensuring their protection, assistance, support and participation
+in the mainstream economic activities;
+
+() @ continuing process of consultation and dialogue with said sector to be able to
+maximize the provision of a systematic package of reform intervention services.
+
+
+SEC. 3. Framework and Principles, - The government shall pursue a minimum
+regulation and encourage the development of ingenuity and the entrepreneurial spirit among the
+citizenry. In this regard, the LGUs and their respective attached agencies shall see to it that
+procedural rules and requirements for the IS are minimized in the act of registration, availment of
+financing, grants and other incentives and accessing other government services and assistance.
+
+In order to hasten the growth and expansion of the various business activities or
+enterprises under the informal sector, the private sector shall be encouraged to assist in the
+effective implementation of this Act by participating in government programs for the informal
+sector. In this regard, the DTI, in consultation with the concerned government agencies, the
+LGUs and the informal sector, may recommend simplified procedure and localized incentives for
+the benefit of the informal sector. The government shall encourage the organization,
+establishment, strengthening and expansion of the various business activities or enterprises under
+the informal sector in the barangay level preferably unified under a municipaV/city, provincial,
+regional and national federation/association.
+
+SEC. 4. Definition of Terms. ~ As used in this Act, the following terms shall mean:
+
+(a) Daily Basis refers to the per day mode of paying a private worker as bilaterally agreed
+upon by both the employer and the worker.
+
+(b) Employer refers to a natural person or group or partnership of people for which a paid
+worker renders productive employment or service.
+
+(c) Hazardous work or condition refers to any activity or circumstance where a worker is
+exposed to any risk which constitutes an imminent danger to his/her health and safety.
+
+(@ Kasambahay refers to any person, whether male or female, who is to be engaged, is
+engaged or has been engaged locally in a salaried capacity under a full-time basis and paid
+directly by the employer, undertaking tasks ascribed as normal household chores within a
+specific household. ‘The term includes maids, cooks, houseboys, family drivers and babysitters
+(vaya) who provide daily service to a single, specific household, either on a live-in or live-out
+basis. In common term, kasambahay is called household helper.
+
+(©) Worker of minor age refers to children fifteen (15) years up to seventeen (17) years of
+age who are engaged in productive employment under a valid contract of employment.
+
+(®) Informal Sector, which is herein otherwise referred to as IS, refers to a category of
+individuals or partnerships of people involved in any business activity or enterprise whose total
+assets value, inclusive of the capital investments, must not be more than Ten Thousand Pesos
+(P10,000.00) for single proprietorship and Twenty-five Thousand Pesos (P25,000.00) for
+partnership ventures and/or whose annual income must not exceed Thirty-five Thousand Pesos
+(P35,000.00) and One Hundred Fifty Thousand Pesos (P150,000,00), respectively.
+
+The above definition shall be subject to review and adjustment upon the recommendation
+by the Regional Wage Board (RWB), in consultation with the National Economic Development
+Authority (NEDA) motu propio taking into account inflation and other economic indicators.
+
+(g) Monthly Basis refers to the per month mode of paying a private worker as bilaterally
+agreed upon by both the employer and the worker.
+
+(h) Pacquiao Basis refers to the pre-contracted wholesale mode of paying a private
+worker as bilaterally agreed upon by both the employer and the worker.
+
+(i) Self-employed worker refers to any person, whether male or female, who is to be
+engaged, is engaged or has been engaged locally and paid directly by the homeowner/employer
+to provide services to either a single or a number of households on a contractual or day-to-day
+
+
+basis, The term includes gardeners, laundry women and household helpers hired on a day-to-day
+basis, provided that they do not report for work to a single household for four (4) days a week or
+more, else they shall be classified as kasamabahay.
+
+(@ Worker refers to a general term to mean either or both the self-employed or paid
+employee covered under the provisions of this Act.
+
+(k) Working hours refers to the period of time within which a worker is required to be on
+call to perform any and all tasks that may be designated, regardless of whether there are actual
+tasks being undertaken.
+
+Chapter IE
+Coverage, Qualifications and Accreditation
+
+SEC. 5. Registration; Payment. — 1S business activities or enterprises shall, upon
+registration, pay Fifty pesos (P50,00) to the municipality or city where they intend to
+productively employed during their initial year of operation. The said fee shall cover the cost of
+the issuance of the license to operate.
+
+SEC. 6, Annual Dues, — 1S business activities or enterprises shall pay the fee to the
+municipal or city treasurer where they are registered and accredited, starting on their second year
+of operations, based on the following schedule:
+
+(a) Those with net assets before financing amounting to not more than
+P 2,000.00... P 180,00
+
+(b) Those with net assets before financing of more of more than P 100,000.00 to
+P 2,000.00 to 5,000.00... . P 360.00
+
+(c) Those with net assets before financing of more than P400,000.00 to
+P 7,500.00 to 10,000.00... . P 720.00
+
+The collected fee shall accrue exclusively to the municipality or city and shall be used for
+IS development programs approved by the municipal or city council.
+
+SEC. 7. Revocation of Business Authority. — The authority to do business shall, after due
+notice and hearing, be revoked and cancelled upon the failure of the IS business activities or
+enterprises, without valid reasons, to commence its operations within forty-five (45) days from
+receipt of the authority to operate.
+
+SEC. 8. Coverage. — This Act shall cover thembers of the informal sector who are
+operating, employed or working either as micro-entrépreneur, paid worker or self-employed as
+defined herein. Provided, however, That the aforesaid! micro-entrepreneur, paid worker or self-
+employed qualifies the minimum requirements set forth in this Act.
+
+For purposes of this Act, the term “informal sector” shall cover the following:
+
+(a) Micro-entrepreneurs:
+(sidewalk vendors, fish vendors;
+(i) small scale farmers and fisherfolks;
+
+(b) Employed/SelfEmployed:
+() local domestic helpers or kasambahay;
+Gi) barbers, manicurists, pedicurists;
+(iil) pedicabftricycle drivers;
+
+
+(iv) jeepney drivers ;
+
+(v) ‘taxi drivers ;
+
+(vi) carpenters, plumbers, electrician, mason, house painters;
+(vii) welders, mechanics
+
+‘SEC. 9. Accreditation, — Any member of the IS who meets such eligibility, qualification
+and other necessary requirements as provided for under this Act shall be accredited as member of
+the IS.
+
+Accreditation for eligibility for any development program shall be reviewed, revalidated
+and reassessed every two (2) years from the date of last accreditation by the LGUs where the IS
+operates, Renewal of eligibility shall be based in accordance with the merit and fitness principle.
+
+SEC. 10. Eligibility for Benefits. — The selection and appointment of beneficiaries under
+this Act shall be in accordance with the merit and fitness principle: Provided, That the applicant
+is an accredited member of the IS, as prescribed herein. Only accredited member shall be
+eligible for assistance, support and grants under this Act.
+
+Chapter HI
+Special Allocations for Development Initiatives
+
+SEC. 11. Special Allocations for Development Initiatives, ~ The national government
+shall allocate at least ten (10%) percent of its annual national budget to be appropriated
+proportionately in accordance with the corresponding internal revenue allocation (IRA) of
+tespective LGUs. Such allocation shail be annually added to the current IRA of LGUs.
+
+The said allocation shall be utilized by LGUs for the implementation of livelihood
+programs pursuant to the provisions of this Act. Priority shall be given to income generating
+programs for the poorest-of-the-poor. The emphasis of the programs shall be focused on micro-
+credit programs and schemes through the mobilization of the IS with no assets to engage in self-
+employment and income generating activities,
+
+For this purpose of this Chapter, an Informal Sector Development Fund shail be
+established in every city/municipality for the their supervision and management subject to
+accounting and auditing procedures by the Commission on Audit (COA).
+
+SEC. 12. Sourcing and Adopting Development Initiatives. - The Small Business
+Guarantee and Finance Corporation (SBGFC), which is created under Republic Act No. 8289,
+shall assist in the sourcing and adopting of development initiatives for competitive enterprises in
+terms of finance, technology, production, management and business linkages, and provide and
+promote, develop and widen in both scope and service reach various alternative modes of
+financing for IS business activities or enterprises, including but not limited to, direct and indirect
+project lending, venture capital, financial leasing, secondary mortgage and/or rediscounting of
+loan papers to IS business activities or enterprises, and crop production financing.
+
+The Corporation shall guarantee loans obtained by qualified IS worker or business
+activity or enterprise, whether single proprietorship or a partnership venture, under such terms
+and conditions adopted by its Board. It shall become liable under its guarantees upon proof that
+the loan has become past due under such terms and guidelines adopted by its Board and printed
+on the contract of guarantee.
+
+All provisions stipulated under R.A. No. 8289 in connection with the SBGFC shall
+continue to effect except those which are deliberately changed or amended hereof.
+
+
+SEC. 13, Eligibility for Government Assistance. ~ To qualify for assistance, incentives
+and grants, a worker or business activity or enterprise shall be:
+
+(@) duly registered and accredited with the appropriate agency in the LGU where they are
+actively operating and paid the necessary fees for registration and accreditation from the office of
+the municipal or city treasurer-concerned;
+
+(b) one hundred percent (100%) owned and capitalized by Filipino citizens, be it single
+proprietorship or a partnership venture; and
+
+(©) fall under the above-mentioned sub-categories of IS;
+
+SEC. 14, Exclusivity of Government Programs. - The government shall ensure that
+programs of financing, grants and other similar incentives shall be exclusively extended to an
+accredited IS worker and business activity or enterprise.
+
+SEC. 15. Entitlement of Government Procurements. — The government shall work for a
+mechanism to ensure that duly accredited IS worker or business activity or enterprise for an
+entitlement of a share of at least ten percent (10%) of total procurement value of goods and
+services supplied to the government, its bureaus, offices and agencies annually: Provided, That
+prices and quality of goods offered by the above-mentioned accredited IS worker or business
+activity or enterprise are competitive.
+
+SEC. 16. Coordination with LGUs. - Pursuant to the provisions of Republic Act No.
+7160, the local chief executives in coordination with IS representatives and appropriate agencies
+shall formulate specific’ plans that will address the socio-economic needs of the IS. and
+incorporate them in their respective provincial, city and municipal development plans:
+
+SKC. 17. Tax Exemption. — A duly accredited IS worker or business activity or enterprise
+shall be exempted from all taxes, national or local, license and building permit fees and other
+business taxes, except real property and capital gains taxes, import duties and other taxes on
+imported articles. In addition; any and all income, receipts and proceeds derived from their
+business operations shall be ‘excluded for the computation of gross income for purposes of
+computing te individual income tax of the members thereof.
+
+It shall be exempted from any and all government rules’ and’ regulations in respect of . .
+assets, incame, and other activities indispensably and directly utilized in, proceéding from or
+connected with the IS basiness or the enterprise. .
+
+SEC.18. Forfeiture of Benefits. — All the exemptions and other benefits herein provided
+stall, after due, notice tnd hearing, be forfeited in case of any violation of the provisions of this
+Act by any IS member‘or partnership venture.
+
+“SEC. 19. inclusivity of Benefits. ~ The exemptions and other benefits provided in this
+
+Act shall apply for a period not exceeding five (5) years from the date of the registration,
+
+nik IS workef or business activity or enterprise is registered and accredited within five
+(Sy3yearsdrom the’ effectivity of this Act.
+
+Chapter IV
+The Organization
+
+
+SEC. 20, Creation of an Informal Sector Development Council; Mandate. — There is
+hereby created an Inforthal Sector Development Council, herein otherwise referred to as the
+Council, which shall be attached to the DTI and shall be constituted within sixty (60) days after
+the approval of this Act.
+
+The Council shall be the primary agency responsible for the promotion, growth and
+development of the IS in the country by way of facilitating and closely coordinating national
+efforts to promote the sector’s viability and growth, including the provision of an integrated
+program for skills enhancement, literacy and education, health services, social welfare and
+services, assistance in the tapping of local as well as foreign funds, and other functions relative to
+the attainment of the objectives and policy of this Act.
+
+SEC. 21. Composition. — The Council shall be headed by the Secretary of the DTI as
+Chairman, and may elect from among themselves a Vice-Chairman to preside over the Council
+meetings in the absence of the Chairman. The members shall be the following:
+
+(a) Director General of the NEDA;
+
+(b) Secretary of DA;
+
+(©) Secretary of DOLE;
+
+@ Secretary of DSWD;
+
+(©) Secretary of the DOH
+
+( Secretary of DOT;
+
+(g) Administrator of the NHA;
+
+(h) Administrator of the CDA;
+
+(® Chairman of Small Business Guarantee and Finance Corporation;
+
+(@® Three (3) representatives from the private sector at large, all Filipino citizens, to
+represent Luzon, Visayas and Mindanao; and
+
+(k) One (1) representative from the informal sector to be appointed by the President.
+
+An ex officio member of the Council who possesses a cabinet-rank shall designate an
+undersecretary or assistant secretary as his/her permanent alternate representative in case he/she
+fails to attend meetings in the exigency of his/her official function in the department.
+
+The private sector members of the Council shall be entitled to receive per diem of Two
+Thousand Pesos (P2,000.00) per meeting, The Council shall meet once every two months or it
+‘may call for special meetings as the need may arise: Provided, That the frequency of such special
+meetings shall not exceed four (4) times annually.
+
+The DTI shall allocate Ten million pesos (P10,000,000.00) out of its savings for the
+initial operating expenses of the Council, after which the Council’s budget shall be included in
+the departmerit’s annual appropriation.
+
+SEE. 22. Mandate of the Council. — The Council shall have the following mandate:
+
+(a) Prepare and establish a System of Accreditation for the IS in accordance with the
+standards and provisions of this Act;
+
+
+(b) Provide guidelines for the implementation by the LGUs of a fair and credible system
+of evaluation, accreditation, review and assessment, merit promotion, rendering of grants and
+incentive awards and other policies relative to the effective implementation of this Act;
+
+(©) Prepare a program of training for human resource development, including the specific
+areas of entrepreneurship and business management;
+
+(a) Coordinate with LGUs for the development and implementation of periodic
+evaluation of all accredited IS members -- taking into account their accomplishments,
+capabilities and potentials — which results of shall be used as bases for evaluation, accreditation,
+the grant of awards and incentives, training and retraining;
+
+(e) Establish a performance appraisal system for all accredited IS members which shall
+be the basis for incentives, rewards and recognition, training and development, including
+adequate mechanisms that shall ensure their active participation and involvement; and
+
+(f) Establish the criteria and process for the accreditation and renewal of such eligibility
+for development assistance, support and grants.
+
+SEC. 23. Authority of the Council to Solicit Assistance from Various Agencies. — The
+Council may, ftom time to time, call upon the participation of any government agency or
+bureaucracy in its deliberations especially when such agency is directly or indirectly concerned
+with and/or affecting the growth and development of the IS in any particular area or manner,
+
+The Council, further, may create an Executive Committee of five (5) members elected by
+the Council from among themselves or their duly designated alternate representatives, with at
+least two (2) members representing the private sector, and with authority to act for and on behalf
+of the Council during intervals of meetings, and within the specific authority granted by the
+Council.
+
+SEC. 24, Council Secretariat. — The Council, through the Chairman, shall designate, in
+his capacity as secretary of the DTI, any division or bureau within the DTI to act as the Council
+Secretariat and shall have the following duties and functions:
+
+(@) To prepare, in coordination with LGUs and other local government agencies, and
+recommend annual as well as medium-term IS Enterprise Development Plans for the
+approval of Council;
+
+(b) To coordinate the preparation of position papers and background materials for
+discussion or approval during Council meetings;
+
+(©) To assist the Council in coordinating and monitoring the policies, programs and
+activities of all government agencies with respect to the implementation of this Act;
+
+(d) To prepare, collate, integrate all inputs to the Council’s yearly report on the status of
+the IS business activities or enterprises in the country;
+
+(©) To submit periodic reports to the Council on the progress and accomplishment of its
+work programs; and
+
+(f) To perform ad hoe functions as authorized by the Council.
+SEC. 25, Rationalization of Programs. — The Council shall conduct continuing review of
+
+government programs for the poorest-of-the-poor and the IS and submit to Congress and the
+President a report thereon together with its policy recommendations.
+
+
+The President is hereby empowered to establish, within ninety (90) days upon the
+effectivity of this Act, an informal sector enterprise promotion body which shall be the principal
+government agency that will formulate, implement, coordinate and monitor all non-financing
+government programs, including fee-based services, to support and promote entrepreneurial
+spirit among the poorest-of-the-poor. The informal sector enterprise promotion body shall be
+attached to the DTI and shall be under the policy, program and administrative supervision of the
+Informal Sector Development Council. The said office shall be allocated the amount of Ten
+million pesos (P10,000,000.00) for its first year of operation which shall be appropriated from
+the special fund of the Office of the President, and thereafter its annual appropriation shall be
+included in the General Appropriations Act.
+
+Heads of LGUs in the provincial, city and municipal levels are further empowered to
+establish in their respective jurisdiction an Informal Sector Division or Bureau, under the office
+of the Provincial Governor or City/Municipal Mayor, whichever is applicable, to implement,
+coordinate and monitor all business activities or enterprises and intervene on IS-related problems
+and concerns under their respective jurisdictions.
+
+Chapter V
+IS Livelihood Resource Center
+
+SEC. 26. IS Livelihood Resource Center. — The IS Livelihood Resource Center shall be
+established in every city/municipality to enhance access of assistance and support to
+disadvantaged members particularly in remote rural areas.
+
+For this purpose, the DTI, Technical Education and Skills Development Authority
+(TESDA) and Technology and Livelihood Resouree Center (TLRC) shall develop livelihood
+programs which will harness the skills of the IS members.
+
+The aforesaid agencies shall conduct human resource development program and
+management in the following areas:
+
+(2) Adequate facilities and resources to render quality social service;
+
+(6)-Opportunties for IS workers to grow and develop their potentials and experience a
+sense of worth and dignity in their work;
+
+(©) Mechanisms for democratic consultations;
+
+(d) Upgrading of working conditions;
+
+(€) Allocation of funds for the participation of IS workers in skills training and
+workshops and other similar activities as part of their continuing advancement; and
+
+SEC. 27. Functions of IS Livelihood Resource Center, — The IS Livelihood Resource
+Center shall have the following functions:
+
+(2) Conduct training program which will provide new ideas to IS players and upgrade the
+technical and entrepreneurial skills of others who are already in the field;
+
+(b) Implement consciousness-raising capability building and leadership training;
+
+(©) Provide technical support and access credit to the informal sector engaged in micro-
+entrepreneurship and cottage-fadustries or other productive work;
+
+(a) Monitor the performance of the IS in the area
+
+
+(©) Give advise and recommendations as to the strengthening and expansion of the IS
+activities; and
+
+(f) Provide services, to include but not limited to counseling, legal assistance, credit
+assistance, and other services necessary for the furtherance of this Act.
+
+The LGUs shall allocate at least P 100,000.00 annually for the operation and maintenance
+of the Center. The local chief executives shall act as the primary overseers to the overall
+operation of the Center.
+
+Chapter VI
+IS Comprehensive and Integrated Plan and Inter-agency Networking
+
+SEC. 28. Comprehensive Plan. - The NEDA shall be tasked to formulate a Ten-Year
+Comprehensive and Integrated Plan on the impact of globalization to the IS. It shall determine
+and recommend the necessary safety nets needed by the IS to prepare them for the possible
+effects of globalization.
+
+SEC. 29, Inter-Agency Networking. - The DOLE shall provide for and lead the inter-
+agency networking system among the different departments and instrumentalities of government,
+‘should the same be required in the continuing efforts to protect the interests, rights and privileges
+of 1S workers.
+
+» The Council, in coordination with the DECS and CHED, shall design a comprehensive
+and integrated program for IS members to give them opportunity to pursue free education.
+
+The, cooperatives through the help of the DTI, TESDA and TLRC shall inform IS in the
+tural of opportunities for market and technology access and the availability of livelihood training
+and seminars to respond to IS needs and potentials.
+
+The DSWD shall, within a period of one (1) year from the date of effectivity of this Act,
+institute a program designed specifically to provide emergency services specifically to women
+and the minor-aged IS workers who are in need of custody, shelter, healing, or medical,
+psychological, legal and rehabilitative services.
+
+‘The DSWD shall, upon the recommendation of the DOLE, effect the repatriation of
+minor-ageéd IS workers who either voluntarily seek government protection against abuse and
+exploitation or upon report or discovery of the same. The cost of such repatriation shall be borne
+by the DSWD. The DOLE shall formulate the rules and regulations governing the emergency
+repatriation of the same.
+
+For this purpose, a Repatriation Fund is hereby created and established under the
+
+administration and control of the DSWD in the amount of Five million pesos (P5,000,000.00) to
+be taken from the President’s Social Fund.
+
+Chapter VIL
+General Rights
+
+SEC. 30. Basic Rights. - Every member of the IS have the right to:
+
+
+a) Participate in all spheres of society including the decision-making processes to fully
+realize their role as agents and beneficiaries of people-centered development;
+
+b) Be treated equally before the law;
+©) Be provided with safe and healthful conditions in the workplace;
+
+4) Be given equal access to education, skills training, and economic resources to develop
+their self-reliance;
+
+©) Be properly informed of the issues and concerns affecting the welfare and interests of
+their sector;
+
+f) Be protected from any form of discrimination, violence, sexual exploitation and abuse.
+
+SEC. 31. Right to Medical Care and Humane Treatment. ~ Every worker has a right to
+good quality health care, without any discrimination and within the limits of the resources
+available for health and medical care. In the course of such care, his human dignity, culture,
+convictions and integrity shall be respected.
+
+The employer or any member of the household or institution shall, at all times, treat
+his/her worker in a just and humane manner. In no instance shall abusive language, physical
+violence or any act which debases, degrades or demeans the intrinsic worth and dignity of the
+worker as a human being be used upon the latter.
+
+SEC. 32, Right to Organize. — The State recognizes the right of IS workers to organize
+themselves to promote their welfare and advance or safeguard their interests. Towards this end,
+the government shall assist IS especially in the rural areas in establishing self-help organizations.
+
+IS engaged in agricultural, manufacturing and service sector are encouraged to form
+women’s cooperatives in every city/municipality to enable members to avail of credit assistance
+and skills training which will help improve their quality of life.
+
+‘Chapter VIII
+Benefits and Incentives
+
+SEC. 33. Medical/Health Insurance. — A worker, regardless of age and compensation
+levels, shall be covered by a ftee medical/bealth insurance under the Philippine Health Insurance
+Corporation (PHILHEALTH), and be entitled to afl the benefits provided for under the law:
+Provided, however, That the worker has rendered at least one (1) year of continuous service in
+the employment he/she is currently in: Provided, further, That if the worker intends to have a
+medical/health insurance during his/her the initial months of his/her employment, he/she shalt
+shoulder all the necessary premiums due him/her until the seventh (7th) month when the
+employer sharés'fifty (50%) percent of the monthly required premiums.
+
+For purposes of this Section, Fhe PHILHEALTH. shalt, within ninety (90) days from the
+effectivity of this Act, promulgate guidelines for the mechanism of colfecting the aforesaid
+contributions-especiafly for those contracted workers who are employed on daily, monthly or
+pacquiao basis: The PHILHEALTH is hereby mardated to implement dit outreach program that
+will facilitate the remittance of premiums by either the employer or the worker by whatever
+means deemed feasible.
+
+
+Pending the promulgation of pertinent implementing rules and regulations to this effect,
+the employee shall receive the employers’ share or counterpart contribution and may remit said
+amount together witlt his/her own share to the SSS.
+
+SEC. 34. Social Security Coverage. - A worker, regardless of age and compensation
+levels, shall be covered by social security and be entitled to all the benefits provided under
+Republic Act No, 8282: Provided, however, That the worker has rendered at least one (1) year of
+continuous service in the employment he/she is currently in: Provided, further, That if the
+worker intends to become a member of the SSS or intends to continue his/her social security
+contribution during his/her the initial months of his/her employment, he/she shall shoulder all the
+necessary premiums due hinvher until the seventh (7th) month when the employer shares fifty
+(50%) percent of the monthly required contribution.
+
+For purposes of this Section, The SSS shall, within ninety (90) days from the effectivity
+of this Act, promulgate guidelines for the mechanism of collecting the aforesaid premiums
+especially for those contracted workers who are employed on daily, monthily or pacquiao basis.
+The SSS is hereby mandated to implement an outreach program that will facilitate the remittance
+of premiums by either the employer or the worker by whatever means deemed feasible.
+
+Pending the promulgation of pertinent implementing rules and regulations to this effect,
+the employee shall receive the employers’ share or counterpart contribution and may remit said
+amount together with his/her own share to the SSS.
+
+Chapter IX
+INSTITUTIONAL MECHANISMS,
+
+SEC. 35. Consultations with IS Organizations. — The Informal Sector Development
+SD) Council, in coordination with other concemed agencies and LGUs, shalt conduct annual
+Wational, regional and provincial consultations among the IS organizations to determine the
+Specific issues and problems affecting the their sector. The Council shall channel IS concerns to
+the appropriate agencies and provide the necessary recommendations to the:executive and
+legislative departments.
+
+SEC. 36, Establishment of IS Database. - The Council shall establish and develop a
+centralized database system to effectively work policy formulation and policy concerns refative
+to the IS. The databank shall include but not limited to the following:
+
+a)-List of government and non-governmental organizations which provide educational,
+socio-ecosiomit-and legal services to the IS;
+
+b) Inventory of upheld and pending cases involving the IS activities;
+
+°) So Statistical profile of the various IS classified according to aetivities, involvement and
+other statistital information;
+
+‘d) Database of the netds and problems of women and shildren in the £S nationwide; and
+2) Colttpilation of existing laws and programs affecting the interest and welfare of the IS.
+
+. _ The public shall be awed to have access.to the said data provided that they shall abide
+with the regulation’ that will be set by the inter-agency committee.
+
+Chapter X
+‘Benefits to Participating Private Sector
+
+
+SEC. 37. Incentives to Private Sector. ~ The national government shall implement a
+mechanism which shall give incentives and benefits to private sector organizations participating
+ina national effort to advance the interest and welfare of the IS.
+
+The Department of Finance in coordination with the Bureau of Internal Revenue shall
+promulgate guidelines for the effective implementation of this Section.
+
+TITLE
+IS WORKERS ENTERING INTO CONTRACTED EMPLOYMENT
+
+ter I
+
+Requisites for Contracting Employment
+
+SEC. 38, Employment Contract, — All working arrangements entered into by IS workers
+shall be covered by a written employment contract, in a language or dialect understood by both
+employer and worker, duly signed by both the employer and the worker. Under this Act, the
+employer and the worker may enter into either one of the following three (3) working
+arrangements: Daily Basis, Monthly Basis, or Pacquiao Basis.
+
+In every contract entered into each contracting party shall be provided with a full set of
+the duly signed employment contract, the basic provisions of which shall include the following:
+
+(a) working arrangement/mode;
+(b) period/duration of employment;
+
+-(¢) compensation and mode of payment;
+
+(@) computation of contributions for social security and medical insurance;
+(©) computation of leave deductions;
+
+(f) duties and responsibilities;
+
+(g) working hours and day-off schedule;
+
+(b) living quarters or sleeping arrangements (for live-in workers)
+
+In cases wherein employment ofa worker of minor age are allowed, the said employment
+contract shall be signed on his/her behalf by either parent or legal guardian, with the expressed
+written consent of said minor.
+
+in cases wherein employment of illiterate worker are allowed, the said employment
+contract dhall be explained to the worker concerned and attested to by a representative from the
+LGU. oran elected Barangay official in the city or municipality where the worker is designated to
+work,
+
+SEC. 39, Medical Certificate as Pre-requisite for Employment. - A medical certificate
+attesting to ttie-physical and mental fitness of an applicant for work must be secured from a
+licensed physician as a pre-requisite for employment, the cost of which shall be for the account
+of the employer:
+
+Chapter II
+IS Workers of Minor Age
+
+SEC. 40, AllawableBaiployment of Worker of Minor Age, — Children fifteen (15) years
+up to seventeen (17) years ofage may be employed: Provided, however, That’ parental consent
+be presented and attested by any-tepresentative from the LGU or quly shred Berger official
+
+
+where the productive employment is to be done. In no instance, however, shall children below
+fifteen (15) years of age be engaged in whatever form of productive service.
+
+Unless expressly employed as kasambahay with duly executed contract of employment,
+children who live with their parents at the employer’s residence or those whose sustenance or
+education is being provided for by the homeowner, shall not be considered as kasambahay.
+
+Worker of minor age shall not be allowed to render work for more than ten (10) hours a
+day, five (5) days per week, exclusive of one (1) hour breaks each for breakfast, lunch and
+dinner.
+
+SEC. 41, Custody over Minor-aged individual, — Should a minor-aged worker refuse to
+be repatriated against the recommendation of the DSWD, said individual may be placed under
+the custody and care of the DSWD or that of a duly recognized and accredited non-government
+organization, or placed in a suitable employment.
+
+Chapter DI
+Standardized Wage Rate
+
+SEC. 42, Standardized Wage Rate. — Pursuant to the provisions of this Act, a
+standardized wage rate is hereby set forth:
+
+For Kasambahay
+(a) 4°—6 class municipalities  - Below P700.00
+{b) 1*-3" class municipalities & - P 800.00 —P 1,200.00
+Chartered & Component Cities
+4c) National Capital Region - Pt, 800,00 — P 2,200.00
+
+Sor Employed Worker
+(a) 4°—6" class municipalities -
+Skilled: P 90.00 — P 120,00
+Unskilled: —_P 60,00-P 80.00
+
+(b) 1*-3" class municipalities & Chartered & Component Cities
+Skilled: P 130,00 —P 180.00
+Unskilled: — P 90.00—P 120.00
+
+(©) National Capital Region
+Skilled: P 230.00 — P 260.00
+Unskilled: P 190.00 — P 220.00
+
+Provided, That a worker who has been contracted work in other city/municipality other
+than the place of residency shall be entitled for the daily wage rate of the city/municipality where
+he/she actually works: Provided, further, That a worker who has contracted employment outside
+the city/municipality of residency shall be afforded free assistance and support in the form of
+housing and food by the contractor/employer.
+
+In the case of a worker who works on monthly or pacquiao basis, the wage rate to be
+applied shall be based in the wage rate of the city/municipality where he/she actually works.
+He/she shall also be afforded free housing and support during the tenure of the contract.
+
+In no instance, however, shall workers of minor age be deprived of the above
+standardized wage rate system set forth in this Act.
+
+
+SEC. 43, Payment of Wages. — Payment of wages shall be made directly to the worker,
+at least once every two (2) weeks or twice a month. No deductions from said wages shall be
+made by the employer except those provided by law. The expressed written consent of the
+worker shall first be secured before any deduction is made.
+
+Chapter IV
+Prohibited Acts
+
+SEC. 44, Prohibition Against Night Work, — Worker of minor age shall not be allowed
+to render work between ten o’clock in the evening and six o’clock in the morning of the
+following day.
+
+SEC. 45, Prohibition Against Work to be Undertaken. ~ Worker of minor age shall not
+be allowed to render work beyond their mental and physical capabilities.
+
+SEC. 46. Prohibition Against Bonded Labor. - A worker shall not be allowed to use
+his/her future services as collateral for any loan or advances made or to be made by said worker
+with the employer. Likewise, no employer shall be allowed to bind the worker to his/her
+continued employ as a form of payment for any loan or advances which he/she may have made
+with the employer. Should there be an outstanding loan incur and he/she decides to unilaterally
+terminate the contract of employment, said loan or advance shall be paid by himv/her to the
+emploYer under terms and conditions specified in a duly executed promissory note between
+parties.
+
+Skc. 47. Prohibition Against Labor Sub-Contracting. — In no instance shall the
+employer sub-contract the services of a worker to any third party, unless such activity falls
+within the purview of an employment arrangement for which the necessary permits and licenses
+had been priorly secured.
+
+SEC. 48. Prohibition Against Recruitment and Finders Fees, — Regardless of whether
+the worker was sourced either through an employment agency or a third party, said worker shall
+neither be charged nor levied a share in the recruitment fees or finder’s fees by the
+aforementioned employment agency or third party.
+
+SEC. 49. Prohibition Against Hazardous Work and Conditions. — Worker of minor age
+shall not be employed in any hazardous work, activity or undertaking, and neither shalll he/she be
+exposed to hazardous working conditions.
+
+For purposes of this Section, hazardous work or conditions shall include, but not limited
+to the following:
+
+(2) any work, employment or activity which exposes the worker to physical, emotional or
+sexual abuse;
+
+(b) any work which involves manual handling or transport of heavy loads;
+
+(©) any work in an unhealthy environment which exposes household helpers to hazardous
+substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their
+health;
+
+(d) any work which requires the household helper to render services for long periods of
+time or during late nights;
+
+(©) any or all forms of slavery or practices similar to slavery, such as the sale and
+trafficking of household helpers, forced or compulsory labor, debt bondage and serfdom;
+
+
+(8) any use, procuring or offering of the household helper for prostitution or pornography;
+
+(g) any use, procuring or offering of the household helper for the commission of any
+offense or crime, particularly for the production and trafficking of narcotic drugs and substances
+as defined in the Dangerous Drugs Act;
+
+(h) any other type of work or activity which, by its nature or the circumstances in which it
+is carried out, is likely to jeopardize the health, safety or morals of the household helper; and
+
+(i) any other type of work; activity, condition or undertaking that may be hereinafter be
+defined as hazardous by the Department of Labor and Employment.
+
+SEC. 50. Prohibition Against Interference and Coercion. — Any person is prohibited
+from committing any of the following acts of interference and coercion:
+
+(@) To prevent a worker from upholding his/her other basic rights;
+
+(b) To prevent workers from joining or assisting organizations or unions for purposes not
+contrary to law, in order to defend and protect their mutual interest and to obtain redress of
+grievances through peaceful concerted efforts;
+
+(6) To prevent a worker from carrying out his/her duties and functions in an organization
+or union, or to penalize the same for any lawful action performed in that capacity;
+
+(@ To make calculated harassment and interference with the intention of intimidating or
+preventing the social worker from performing his/her duties and functions;
+
+(©) To make calculated harassment against, or to transfer, penalize or terminate the
+services of a worker who is carrying out his/her function or role for and in behalf of his/her
+employer; and
+
+(g) To perform acts calculated to diminish the independence and freedom of a social
+worker’s union or organization to direct its own affairs.
+
+Chapter V
+Rights and Benefits of Employed IS Workers
+
+SEC. 51. Right to Wages Earned. — The employer shall pay directly to the worker of
+minor age, any and all wages, remuneration or compensation earned by him/her during the
+period of his/her employment.
+
+No parent, guardian or relative shall be allowed to borrow against the compensation of
+the his/her relative-worker of minor age without the express written consent of the concerned
+relative-worker, Neither shall the worker of minor age be mandated to work in payment of a
+loan or liability incurred by a parent, guardian or relative.
+
+SEC. 52. Right to Privacy and Confidentiality, - The employer shall respect the privacy
+of his/her worker during the course of the latter's rest periods. This right to privacy shall extend
+to any and all forms of personal communications, including letters of correspondence issued or
+received, and be allowed communications coursed through the private telephone of the
+employer: Provided, That any additional expense incurred in the course of communication shall
+be borne by the worker and shall be deducted, after the employer’s due notice to the worker of
+the amount incurred due to specific reasons, from the receivable wage of the worker,
+
+
+The State, further, guarantees the protection of the right of the worker to communicate
+with relatives and other persons and to receive visitors subject to reasonable limits prescribed in
+the employment contract agreed and entered into by both the employer and the worker.
+
+The employer shall allow the worker access to outside communication, both though letter
+or the private telephone of the household, especially in instances of personal or family
+emergencies: Provided, that costs incurred in making the telephone call shall be for the account
+of the worker.
+
+SEC. 53, Access to Education and Training. — A worker shall not be deprived of formal
+or non-formal education. In cases where he/she is productively employed, he/she shall be
+allowed to attend or pursue literacy programs during day-off or in any other time with the
+consent of the employer.
+
+The DECS or CHED, whichever office is applicable, shall extend its services of Study-
+Now, Pay-Later Program to the worker in the informal sector,
+
+The employer may also extend scholarship programs to a worker and be reimbursed out
+of deductions from the worker’s monthly compensation which shall, at all times, be no greater
+than fifty (50.0%) percent of the worker’s monthly compensation. The time spent by a worker
+during the conduct of the said education or training, including the time spent going to and
+coming from the training shall be counted as part of the worker’s hours of work.
+
+SEC. 54. Access to Lawful Third-Party Mediation, - The employer shall provide all
+worker the names, addresses and telephone numbers of the designated liaison offices of the
+following:
+
+(a) DTI;
+
+(b) DOLE;
+
+(©) the Barangay office where he/she is productively working; and,
+
+(@) duly registered non-government organizations accredited to mediate in disputes of
+their sector.
+
+The employer shall further guarantee the worker access to all means of communication
+for the purpose of contacting any of the above-enumerated institutions.
+
+SEC. 55. Provision of Basic Necessities, - The employer shall provide for he basic
+necessities of a live-in worker which shall include:
+
+{a) A minimum of three (3) full meals per day;
+{b) Humane, private and safe sleeping quarter;
+(@) Emergency medical support and assistance;
+(d) A safe and non-health hazard workplace;
+
+In no instance shall the employer be allowed to withdraw or hold dn abeyance the
+Provision of these basic necessities as punishment or disciplinary action to $e meted out to the
+worker.
+
+BEC. 56. Normal Hours of Work, — Cognizant of the peculiarities of the relationship
+betivéen the employer and the IS worker, the normal hours of work shall be set at tert (10) hours
+per day, exclusive of one (1) hour breaks each for breakfast, lunch and dinner. The worker shall
+be allowed at least eight (8) hours of continuous rest per day otherwise any work done by
+hinv/her beyorid the normal hours of work per day shall be duly compensated.
+
+SEC. 57. Regular Working Days, — No worker shall render work for more than six (6)
+days per week, While the specific day of the week set aside as rest day for the worker may be
+stipulated in the employment contract, the same may be changed for another day of the week
+
+
+upon the mutual agreement of the employer and the worker as the exigencies of the work may
+dictate.
+
+SEC. 58. Longevity pay. — A longevity pay equivalent to five per centum (5%) of his/her
+latest monthly basic pay shall be paid to a worker for every two (2) years of continuous and
+satisfactory service rendered.
+
+SEC. 59. Clothing Allowance. — A worker shall be entitled to a minimum of One
+Thousand pesos (P1,000.00) clothing allowance annually: Provided, That the worker has
+rendered at least one (1) year of continuously service in the employment he/she is currently in.
+
+SEC. 60. Vacation Leaves. — A worker who is employed for one (1) year shall be
+entitled to a fourteen (14) day vacation leave with pay, in addition to the one (1) day per week
+designated as the rest day. Said leave may only commence at the end of the first year of
+employment, and shall not cumulate from year to year.
+
+SEC. 61. Maternity Benefits. A female worker who is employed for one (1) year shall
+be entitled to maternity benefits.
+
+SEC. 62. 13 Month Pay. - A worker shall be entitled to a 13 month pay equivalent to
+one (1) month's basic salary which shall be paid to the worker not later than the 16" of
+December of every year: Provided, however, That the worker has reached the required minimum
+residency. Otherwise, the worker shall be entitled to receive a 13" Month Pay on pro-rated basis
+
+SEC. 63. Allowing subcontracting. — A worker may enter into subcontractual
+employment or may accept subcontractual jobs ftom any other enterprise or firm joining or may
+join productive employment through a cooperative or consortium: Provided, however, That the
+enterprise or firm or cooperative or consortium shall be mandated to implement the specific
+provisions of this Act in regard to worker’s benefits: Provided, further, That where a worker
+subcontracts jobs between and among other worker providing for the benefits due hin/her shall
+not be obligated upon the party who contracted the job.
+
+SEC. 64, Pre-Termination of Contract. The employer may, at his/her own discretion,
+terminate the services of the worker: Provided, however, That said employer provides the sworker
+with at least fifteen (15) days notice of termination and termination pay equivalent to at least one
+half (1/2) month’s salary. In lieu of the fifteen (15) day notice of termination, the employer may
+immediately terminate the services of the worker: Provided, That said employer provides the
+worker termination pay equivalent to one (1) month's salary
+
+The employer may, for valid or just cause of loss of confidence, terminate the services of
+the worker prior to the expiration of the contract without indemnifying the latter with termination
+Pay.
+
+Should the worker decide, on his/her own volition, to unilaterally leave the workplace
+prior to the expiration of the contract period, said worker shall forfeit any separation pay that
+may be due hinv/her.
+
+SEC. 65, Extent of Duty, The employer shall not require a worker to perform any tdék
+or work outside the assigned workplace for the service or benefit of another without the latter’s
+consent and payment of just compensation.
+
+SEC. 66, Automatic Salary Increases. — The contract of employment executed by dHd
+between the employer and the worker shall provide for an annual salary increase, the amount of
+which shall be determined by mutual agreement of the parties.
+
+SEC. 67. Deployment Expenses. — Deployment expenses of a worker, including
+‘tHansportation and agency fees, shall be shouldered by the employer.
+
+
+Title 11
+KINAL PROVISIONS
+
+“SEC. 68, Penal Provision. - Any person who shall willfully interfere with, restrain or
+coerce-a social worker in the exercise of his/her rights or shall in any manner commit any act in
+violation of any of the provision of this Act shall, upon conviction, be punished by a fine of not
+less than Ten thotisarid pesos (P10,00000) but not more than Twenty thousand pesos
+{P2,000.00) or imprisonment of one (1) year to six (6) years or both fine and imprisonment at
+the discretion of the court.
+
+if the offender is a public official, the court in addition to the penalties provided in the
+preceding paragraph, may impose the additional penalty of disqualification from public office.“
+
+. In the case of a private institution/company found to be violating any. provision ofthis
+Act, it. shail be,eubject to a penalty ranging from suspension of license to revocation of sugh, at
+the discretion of the court.
+
+($BG09. Separability Clause, — If any provision of this Act is declared unconstitusogal
+or firvalid;-#hespssvisions not affected shall continue to be in full force and effect.
+
+SEC.78. Repealing Clause. — All laws, decrees, orders, rules and regulations of ater
+
+issuances inconsigtent with the provisions of this Act are hereby repealed, amended or modified
+
++ SECSI-AGectivity. — This Act shall take effect fifteen (15) days after its publication in
+at Jepst two (ynemrepapers of general circulation or the Official Gazette, whichever comes fist.
+
+Approved,

data/document/hb/13/00001-01000/HB-00086.txt

@@ -0,0 +1,415 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+86
+
+H.No.
+
+INTRODUCED BY HONORABLE JUAN EDGARDO “SONNY” M. ANGARA.
+
+EXPLANATORY NOTE
+
+The Philippines is blessed with rich resources and heritage. It is sad to note that in spite
+of this comparative advantage, the Philippines’ share of the tourist market is negligible compared
+toits Asian neighbors.
+
+The eco-tourism we have aggressively promoted has suffered a backlash from negative
+publicity, brought about by security threats and recent kidnapping incidents of foreign nationals
+We have forgotten that the Philippines has much to offer than beautiful beachers and resorts.
+
+It is time to present the rich cultural heritage of the country through the promotion and
+preservation of our cultural heritage sites. However, much of these important and irreplaceable
+structures have given way to modernization and commercialization, and its rich repository of our
+culture is literally becoming a thing of the past.
+
+Present day conservation efforts of the government have been inadequate to forestall the
+deterioration of this country’s heritage. It is therefore imperative to take serious action in
+preserving our cultural treasures.
+
+Bearing in mind existing realities of fiscal discipline and austerity measures being made
+by the government, preservation seems an ambitious and impractical proposition. What we fail
+to see is that by developing this aspect, we can tap new markers and create ripple-like
+opportunities that would generate income and employment for our people.
+
+More importantly knowing our heritage would serve as an anchor amidst the chaos that,
+modernization brings. By preserving our heritage, we keep our integrity as a people, for our
+heritage is a foundation upon which we can build our present, as well as our future. Heritage
+plays an important role in national destiny, only by knowing our collective strength as a people
+can we be prepared to meet the challenges posed by globalization.
+
+Investing in the preservation of our heritage would prevent cultural bankruptcy in the
+future. Itis therefore in the public interest to preserve our beritage so that it’s vital legacy will be
+maintained and enriched for future generations.
+
+For these reasons, the immediate passage of this bill is earnestly sought.
+
+Cee,
+
+JUAN EDGARDGM. ANGARA
+Lone District
+Province of Aurora
+
+
+THIRTEENTH CONGRESS OF THE )
+
+REPUBLIC OF THE PHILIPPINES )
+First Regular Session )
+H. B. No. 86
+
+Introduced by HON. JUAN EDGARDO “SONNY” _M. ANGARA
+
+AN ACT
+TO PROMOTE THE PROTECTION AND CONSERVATION OF THE NATIONAL
+HERITAGE, THE CREATION OF A NATIONAL HERITAGE COMMISSION, AND
+PROVIDING PENALTIES AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives of the Philippines in Congress
+assembled;
+
+SECTION 1. Short Title — This Act may be cited as the “National Heritage Act of 2004.”
+
+SEC. 2. Declaration of Policy — Pursuant to Article XIV, section 15 of the Constitution,
+“the State shall conserve, promote and popularize the nation’s historical and cultural heritage and
+resources, as weil as artistic creations.” Further, Article XIV, section 16 provides that, “the
+country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be
+under the protection of the State, which may regulate its disposition.”
+
+Consonant with these principles, it is hereby declared to be the policy of the State to
+preserve, develop and administer the national heritage for the enhancement of our national
+identity.
+
+The State shall endeavor to create a balanced atmosphere where the historic past would
+coexist with modern society in harmony. It shall approach the problem of conservation in an
+integrated and holistic manner, cutting across all relevant disciplines and technologies.
+
+The State shall administer the heritage resources in a spirit of stewardship for the
+inspiration and benefit of the present and future generations.
+
+SEC. 3. Definition of terms - For purposes of this Act, the terms and phrases used shall
+mean or understood as follows:
+
+a Cultural properties are old buildings, monuments, shrines, documents and
+objects which may be classified as antiques, relics or artifacts, landmarks,
+anthropological and historical sites, and specimens of natural history which are of
+cultural, historical, anthropological, archaeological and ethnographical materials,
+meteorites and tektites, historical objects and manuscripts; decorative articles or
+personal adornment, works of art such as paintings, sculptures, carvings, jewelry,
+music, architecture, sketches, drawings or illustrations in part or in whole; coins,
+medals, badges, insignias, coat of arm, vehicles or ships or boats in part or in
+whole;
+
+
+Cultural significance means aesthetic, architectural, historical, scientific, social
+spiritual, linguistic or technological value;
+
+Heritage resources means any place ot object of cultural significance
+
+Historical site is any place, province, city, town and/or any location and structure
+which has played a significant and important role in the history of the country
+and nation. Such significance and importance may be cultural, political,
+sociological or historical;
+
+Archaeological site is any place which may be underground or on the surface,
+underwater or at sea level, which contains fossils, artifacts and other cultural,
+geological, botanical, zoological materials which depict and document evidence
+of paleontological and pre-historic events;
+
+Anthropological area is any place where studies of specific cultural groups are
+being or should be undertaken in the field of anthropology. Anthropology in this
+case is descriptive, interpretative and comparative study of all aspects of various
+cultural linguistic groups, including the collection and analysis of their particular
+material culture;
+
+Conservation in relation to heritage resources includes protection, maintenance,
+preservation and sustainable use of places, or objects to safeguard their cultural
+significance;
+
+Commission shall refer to the National Heritage Commission;
+
+Council shall refer to the Heritage Advisory Council;
+
+Dealers are persons or enterprises that acquire heritage properties for the purpose
+of engaging in the acquisition and resale of the same;
+
+SEC. 4. National Heritage Commission — There is hereby created a National Heritage
+Commission composed of the following;
+
+epaegep
+
+SEC.
+
+Secretary of Education Culture and Sports
+
+._ Director of the National Historical Institute
+
+President of the Cultural Center of the Philippines
+Undersecretary of Tourism
+Undersecretary of Interior and Local Government
+
+. Functions, Powers and Duties - To carry out its mandate, the Commission
+
+shall exercise the following functions, powers and duties:
+
+a)
+b)
+°)
+ad
+e)
+
+)
+
+Establish national principles, standards and policy for the identification, recording
+and management of heritage resources;
+
+Promulgate rules and regulations pertaining to conservation;
+
+Administer and coordinate funding of conservation projects;
+
+Acquire, lease or hold real property and personal property as it deems necessary in
+the fulfilment of its work;
+
+Sell and convey any real or personal property or interest therein, in excess of its
+needs;
+
+Adopt, issue, promulgate regulations pertaining to conservation, and preservation of
+heritage objects and sites;
+
+
+Participate and cooperate with other public and private agencies having mutual
+interests and purposes in programs intended to preserve and improve historic
+resources of the State
+
+Enter into heritage agreements with private owners, pursuant to Section 11 of this
+Act;
+
+i) Expropriate private property in accordance with Section 19 of this Act;
+
+j) To sue and be sued:
+
+k) To have a seal; and
+
+1) To undertake other activities, necessary or convenient to enhance and achieve its
+objectives.
+
+8)
+
+1)
+
+All contributions of real or personal property made to the Commission whether by
+donation, devise, gift or bequest shall be free from all forms of taxes and shall be deductible in
+full from the income of the donor for the purpose of computing his income tax liability.
+Provided, that such donations are duly acknowledged and receipted.
+
+SEC. 6. The Heritage Advisory Council — The Heritage Advisory Council shall serve as
+an Advisory body to the Commission on issues covered by this Act and in other matters
+involving interests relating to cultural heritage.
+
+The members must be appointed taking into considerations their qualifications or special
+expertise in fields relevant to heritage resources. It will consist of ten (10) members.
+
+‘The members of the council shall hold office for a period not exceeding three years and
+may be reappointed. No member may serve for more than two consecutive terms.
+
+SEC. 7. Functions of the Council - The functions of the Council shall be to:
+
+a) Propose policies and priorities for the identification, protection, preservation and
+enhancement of the national heritage, including monuments, archaeological objects,
+heritage objects, architectural heritage;
+
+b) Initiate, plan, undertake and supervise the restoration, upkeep and maintenance of
+heritage objects and sites in coordination with local government units, other
+government agencies, non-profit organizations and civil society;
+
+¢) Identify record and manage significant heritage resources and keep permanent and
+up-to-date records of such work. It will promote the systematic identification and
+recording of heritage resources:
+
+d) Coordinate the management of the heritage resources by all agencies of the State and
+other bodies, and monitor their activities to ensure that they comply with the national
+principles, standards and policy set forth;
+
+¢) Promote training and education in fields related to the management of heritage
+resources;
+
+f) Undertake studies and research and make reports relating to conservation and
+preservation matters, and
+
+g) Assist the Commission in the performance of its functions, powers and duties.
+
+SEC. 8, Mectings of the Council - The Council may meet as often as necessary, but
+at least four (4) times a year. The members shall receive per diems in an amount to be
+determined by the Council, on meetings actually attended by them.
+
+SEC. 9. Quorum - A quorum for the meeting of the Council shall be a majority of its
+members. Any decision of the Council shall be taken by resolution of the majority of the
+members present, and in the event of a tie, the chairperson presiding shall have a casting vote in
+addition to his deliberative vote as a member of the Council.
+
+
+SEC. 10. National Heritage Resource Assistance Program - The Commission, upon the
+recommendation of the Council, may provide financial assistance in the form of a grant or a loan
+to historic, archaeological, architectural, artistic organizations or for any purpose ancillary to
+those purposes,
+
+No grant made pursuant to this Act shall be treated as taxable income.
+
+The Council shall prescribe the procedures for applications for approval and granting of
+financial assistance and the criteria for the assessment of projects.
+
+The Commission shall establish and maintain a program, upon approval of the Council,
+by which, it may ensure loans to finance any project for the preservation of a property included
+in the National Register. The Commission shall impose conditions it may deem necessary to
+ensure adequate protection of the financial interest of the Philippine government.
+
+SEC. 11. Preservation of religious edifices and sites - The Commission can assist in
+the preservation of religious edifices and sites, so long as it is secular in purpose and does not
+promote religion.
+
+SEC. 12. Heritage agreements - The Commission, upon advice of the Council, may
+enter into agreements with private owners of properties with cultural significance with regard to
+the preservation of said property. Such agreement must be in the form of a binding contract, and
+may included such terms and conditions as the parties think fit such as, but not limited to:
+
+a) Public access to the property;
+
+b) Value of the easement;
+
+¢) Duration of the servitude on the property;
+
+d) Restriction of the right of the owner or occupier to do certain acts or things on or
+near the place;
+
+e) Maintenance and management of the place;
+
+f) Provision of financial assistance;
+
+8) Procedure for the resolution of any dispute arising out of the agreement.
+
+Such agreement would be considered as preservation easement and would attach and
+bind future owners thereto.
+
+The extent of said interest would be considered as a charitable contribution and would be
+tax deductible for income tax purposes.
+
+SEC. 13, Compulsory repair order - When a privately-owned heritage site is being
+allowed by the owner to fall into disrepair, for the purpose of affecting or enabling its destruction
+or demolition or is neglected to such an extent that it will lose its potential for conservation, the
+Commission may serve on the owner of such property, an order to repair or maintain such site.
+If the owner fails to comply with said order, repairs may be undertaken by the Commission for
+the account of the owner. If said owner fails to reimburse the Commission, the property shall be
+forfeited in its favor.
+
+SEC. 14. Declaration and Register of Protected Sites - For the purposes of the
+consolidation of information on heritage resources, the Commission shall undertake an intensive
+archival and historical research, to compile and maintain an inventory of the national heritage
+resources within three (3) years from the approval of this Act.
+
+Towards this end, the Commission is authorized to improve and expand the National
+Register kept by the National Museum pursuant to Rep. Act. 4846 as amended by PD 374,
+
+
+The Commission shall by notice, publish in the Official Gazette or any newspapers of
+general circulation declare an area to be protected zone and/or restricted area.
+
+SEC. 15. Upgrade of training - The Commission shall develop and make available to
+government agencies, local governments, private organizations, training in, or information
+concerning professional methods and techniques for the preservation of historic properties and
+the administration of the heritage preservation program of the government.
+
+SEC. 16, Indigenous properties. - The Commission shall establish a program and
+promulgate regulations to assist indigenous people in preserving their particular historic
+properties.
+
+SEC. 17, Prohibited Acts. - the following acts are prohibited, unless otherwise
+permitted by the Commission
+
+a) It shall be unlawful to destroy, demolish, mutilate or damage any object of cultural
+heritage;
+
+It shall be unlawful for any person to modify, alter, repair, or destroy the original
+features of any national shrine, monument, landmark and other historic edificies
+declared and classified by the National Historical Institute as such without the prior
+written permission from the Commission. This includes the security zone, extending
+five meters from the visible perimeter of the monument or site.
+
+It shall be unlawfal to explore, excavate‘or undertake diggings or archaeological or
+historical sites for the purpose of obtaining materials of cultural historical value
+without the prior written authority form the Commission. No excavation or diggings
+shall be permitted without the supervision of a certified archaeologist.
+
+d)
+
+°)
+
+Alll restorations, reconstruction and preservations of government historical buildings,
+shrines, landmarks, monuments and sites which has been designated as national cultural treasures
+and important cultural properties shall be undertaken with the written permission of the
+Commission. Nothing in this Act shall be construed to include the buildings and premises of the
+Malacafiang Palace, the Supreme Court, the House of Representatives and the Senate.
+
+The heads of a government agency, local government unit, private entities must take into
+account the effect of any undertaking on any district, site, building or structure, or object that is
+included in the National Register. The head of said agency shall afford the Council a reasonable
+opportunity to comment on said undertaking,
+
+The Commission shall promulgate rules and guidelines for the grant of permits. Such
+rules and regulations shall be published in a newspaper of general circulation and shall be
+approved by the Secretary for Education, Culture and Sports.
+
+The Commission has the full right to revoke the permit issued to the applicant for cause
+such as but not limited to a violation or inability of the permittee to comply with the terms and
+conditions of the permit or any part thereof.
+
+SEC. 18. Limitations - National heritage properties may be taken out of the country
+only with a written permit secured from the Commission, only for the purpose of exchange
+programs or for scientific scrutiny, or exhibit
+
+SEC. 19. Expropriation ~ The Commission may, on the advice of the Council, and after
+consultation with the secretary of Finance, purchase or expropriate property for conservation or
+any other purpose under this Act, if it is for a public purpose or in the public interest.
+
+Owners or holders of rights of protected objects or sites that are expropriated are entitled
+to just compensation by the State for the financial loss incurred by virtue of the expropriation
+order. ‘The owner of the property must be given an hearing before any property is expropriated.
+
+
+SEC. 20. Dealing or possessing a punishable act - The act of dealing in or possessing
+with intent to deal, any object of cultural significance, or any part thereof, or associated objects,
+unless authorized to do so, is punishable under this Act.
+
+SEC. 21. Awards and citations. - To encourage preservation of the national heritage,
+the Commission shall establish annual conservation program under which monetary prizes,
+awards and citations will be given by the President of the Philippines, upon the recommendation
+of the Commission, for special achievements and important contributions and services in the area
+of heritage preservation and conservation efforts.
+
+SEC. 22. Penal Provisions - Any violations of the provisions of this Act, upon
+conviction, subject the offender to a fine of not less than Two Hundred Thousand Pesos
+{P200,000.00) or imprisonment for a term of not less than ten (10) years or both upon the
+discretion of the Court. Provided, that any equipment, tools, paraphernalia used in violation of
+this Act shall be summarily confiscated and forfeited in favor of the Commission; Provided
+further, that if the violation is committed by a juridical person, the manager, representative,
+director, agent or employee of said juridical person responsible for the act shall also be liable to
+the penalties provided herein; Provided finally, that if the offender is an alien, he shall be under
+the custody of the Commission on Immigration and Deportation for the appropriate proceedings.
+
+SEC. 23. Appropriation - The sum of One Hundred Million Pesos (100,000,000.00) is
+hereby appropriated annually from the General Fund, not otherwise appropriated by law, to carry
+out the provisions of this Act.
+
+SEC. 24, Repealing clause. - Any provision of existing laws, rules, decrees and
+executive orders inconsistent with the provisions of this Act are hereby repealed and modified
+accordingly
+
+SEC. 25. Separability clause - Any portion ot provision of this Act that may be declare
+unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long
+as such remaining provisions can still subsist and be given effect.
+
+SEC. 26. Effectivity clause - This Act shall take fifteen (15) days after publication in the
+Official Gazette or a newspaper of general circulation.
+
+Approved.

data/document/hb/13/00001-01000/HB-00088.txt

@@ -0,0 +1,93 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+H. No. 88
+
+Introduced by Hon. Juan Edgardo “Sonny” M. Angara
+
+EXPLANATORY NOTE
+
+Some members of the local and national media continue to
+callously lambast the Muslim religious culture of describing criminals
+and suspects with terms such as “Muslim Criminals”, “Muslim
+Terrorists”, “Muslim Drug Pushers’, Muslim Sea Pirates”, “Muslim
+Bandits” or “Muslim Holduppers”
+
+The use of words “Muslim” and “Islamic” in association with
+suspected or convicted criminals and unlawful acts are offensively biased
+against Muslims. ‘This practice is highly prejudicial and extremely
+injurious to the Islamic religious culture, Muslim individuals and their
+collective image, and the Muslim’s social well being as respectable
+citizens of the country.
+
+Outlawing this culturally and religiously biased practice would
+definitely contribute and result in increased positive social space and
+understanding between and among Muslims and Non-Muslims, and help
+drive the path towards a just, culturally-sensitive, fair, and lasting peace
+and development in our country.
+
+‘The immediate passage of this bill is earnestly sought.
+
+Been Gh
+
+JUAN EDGARDO INNY” M. ANGARA
+
+
+THIRTEENTH CONGRESS OF THE REPUBLIC }
+OF THE PHILIPPINES }
+First Regular Session }
+HOUSE OF REPRESENTATIVES
+
+H.No, __88
+
+Introduced by Rep. Juan Edgardo “Sonny” M. Angara
+
+AN ACT
+PROHIBITING THE USE OF THE WORD “MUSLIM” OR “ISLAMIC” IN
+PRINT, RADIO, TELEVISION AND OTHER FORMS OF BROADCAST
+MEDIA TO REFER TO OR DESCRIBE ANY PERSON CONVICTED OF
+ANY CRIME, OR SUSPECTED OF COMMITTING ANY UNLAWFUL ACT,
+AND PROVIDING PENALTIES THEREFOR
+
+Be it enacted by the Senate and the House of Representatives of the
+Philippine in Congress assembled:
+
+SECTION 1. Prohibited Act. - It shall be unlawful for any person
+to use the word “Muslim” or “Islamic” in print, television and other forms
+of broadcast media to refer to or describe any person convicted of a crime
+or suspected of committing any unlawful act.
+
+SEC. 2. Penalties. - The penalty of arresto mayor or a fine
+ranging from One thousand pesos (Php 1,000.00) to Ten thousand pesos
+(Php 10,000.00}, or both, at the discretion of the court, shall be imposed
+upon any person found guilty of violating Section 1 hereof.
+
+The publisher, in the case of print media, and the president of the
+juridical entity, in the case of radio, television and other forms of
+broadcast media, shall be imposed a fine not lower than Fifty thousand
+pesos (Php 50,000.00).
+
+The juridical entity violating this Act shall be imposed a fine not
+
+lower than Fifty thousand pesos (Php50,000.00) for every violation, or
+
+
+cancellation of its license or franchise, or both, at the discretion of the
+court.
+
+SEC. 3. Repealing Clause. - All laws, orders, issuances, rules and
+regulations or parts thereof inconsistent with the provisions of this Act are
+hereby repealed, modified or amended accordingly.
+
+SEC. 4. Separability Clause. - If any party of this Act is held invalid
+or unconstitutional, the other parts or provisions thereof not affected
+thereby shall remain valid and effective.
+
+SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days from
+its publication in at least two (2) national newspapers of general circulation.
+
+Approved,

data/document/hb/13/00001-01000/HB-00089.txt

@@ -0,0 +1,419 @@
+Republic of the Philippines
+HOUSE OF REPRESENTATIVES
+Quezon City
+
+THIRTEENTH CONGRESS
+First Regular Session
+
+H.No.___ 89
+
+Introduced By Hon. Juan Edgardo “Sonny” M, Angara
+
+EXPLANATORY NOTE
+
+The era of globalization has placed extreme Pressure on our government
+to produce highly specialized and technical personnel in a relatively short period
+of time. Given the rapid changes and developments in the field of Information
+Technology and emergence of knowledge-based society, the Philippines has to
+reorient the thrusts of its educational system to meet the growing needs and
+demands of a highly competitive world market.
+
+To achieve this arduous task, there is a need to formulate a viable,
+comprehensive and sustainable long-term modernization plan for schools
+primarily at the elementary and secondary levels.
+
+At present, the students in public schools have been left behind by their
+counterparts in the private schools. Based on preliminary report of Department
+of Education (DepEd), only 50% of the 4336 high schools nationwide have
+computer laboratories. But most of them need to be repaired or upgraded
+because after these computers have been delivered to schools, they have not
+been properly maintained. A computer laboratory consists of a minimum of 10
+computers.
+
+Given the scarce resources of the national government, there is a need to
+be more cost-effective and innovative in our approach to finance school
+modernization programs. This can be achieved through active partnership with
+local government units and Private sector such as foundations private
+corporations and business groups.
+
+The School Modernization and Innovation bill aims to:
+
+a) Provide a broad framework for the  institutionalisation of a
+comprehensive and sustainable modernization program for the public
+schools;
+
+b) Encourage the schools to become more innovative and resourceful in
+developing and implementing Programs geared towards
+modernization;
+
+¢) Develop mechanisms that will define the roles and responsibilities of
+the officials from the regional, division down to the school levels in the
+implementation of schoo! modernization programs;
+
+d) Provide mechanism on how the private sector can participate in the
+program;
+
+€) Define regional and school modernization plans responsive to the
+needs of the students in the area.
+
+
+The bill also seeks to establish the School Modernization and Innovation
+Trust Fund which will augment the regular appropriations that will be provided
+under the annual General Appropriations Act to finance the priority programs for
+school modernization and improvement of public elementary and secondary
+schools.
+
+This is the opportune time for the government to seriously consider ways
+of increasing the share of budget devoted to computerization of schools,
+upgrading of libraries and science laboratories. Moreover the application of
+information technology in classroom instruction would increase efficiency in
+teaching and learning process and enhance competencies of students.
+
+In view of the foregoing, the immediate passage of this bill is earnestly
+
+sought.
+JUAN EDGARDO “SONNY” M. ANGARA
+
+
+THIRTEENTH CONGRESS OF THE REPUBLIC. }
+OF THE PHILIPPINES }
+First Regular Session }
+HOUSE OF REPRESENTATIVES
+
+H. No. 89
+
+Introduced by Rep. Juan Edgardo “Sonny” M. Angara
+
+AN ACT
+INSTITUTIONALIZING A SCHOOL MODERNIZATION AND INNOVATION
+PROGRAM FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS,
+PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
+
+Be it enacted by the Senate and House of Representatives in Congress
+assembled:
+
+SECTION 1. Title. - This Act shall be known as the “School
+Modernization and Innovation Act of 2004”.
+
+SEC, 2. Declaration of Policy. - It is hereby declared the policy of the
+State to promote a comprehensive and sustainable modernization program for all
+public elementary and secondary schools aimed at improving the effectiveness
+and efficiency of delivery of basic education. The State shall likewise take into
+account the regional and sectoral needs and conditions in developing a viable
+long-term modernization plan. The State shall also encourage the participation
+of the private sector and local government units in strengthening programs which
+provide relevant and adequate skills for public school children necessary for
+them to be global competitive.
+
+SEC. 3. Statement of Purpose. - This Act seeks to attain the following
+objectives:
+
+a) To provide a broad framework for the institutionalisation of a
+
+comprehensive and sustainable modernization program for the public
+
+schools.
+
+
+b) ‘fo encourage the schools to become more innovative and resourceful in
+developing and implementing programs geared towards modernization
+
+¢) To develop mechanisms which will define the roles and responsibilities of
+the officials from the regional, division down to the school levels in the
+implementation of the school modernization programs
+
+d) To provide mechanisms on how the private sector can participate in the
+program,
+
+€) To define a regional, division and school modernization and innovation
+plan responsive to the needs of the students in the area.
+
+SECTION 4. Implementing Agency. - The Department of Education,
+hereinafter referred to as the “Department”, shall be the main implementing
+agency of the School Modernization and Innovation Act. The Secretary of
+Education shall be responsible of ensuring the smooth implementation of the
+modernization plan for schools,
+
+SECTION 5. Components, - The School Modernization and Innovation
+Program shall consist of the following:
+
+a) Computerization of public elementary and high schools. At least one
+computer laboratory with a minimum of 10 computers shall be established
+in every public high school nationwide. The Science high schools in every
+region nationwide shall be given priority in the allocation of funds for the
+computerization. After more than 50% of the public high schools have
+been computerized, the public elementary schools shall start its own
+massive computerization program,
+
+b) Upgrading of Libraries in public elementary and secondary schools. A
+well-equipped library shall be established in every public elementary and
+
+secondary high school. The library should be provided with at least 2
+
+
+computers, which have Internet access to assist the students in their
+research work.
+
+¢) Promotion of an integrated distance-learning program. The distance
+
+learning program aims to enable the students from local and foreign
+private schools to share their knowledge and expertise in the areas of
+Science and Technology, Mathematics, English and Communication to
+students in public schools through modern system of instructional and
+communication technology. It may adopt an interactive system of
+instruction through television, modern satellite communication or cable
+system whichever is appropriate and feasible in the area. The students as
+well as teachers in public schools shall be provided with opportunities to
+avail of the latest trends and developments in the field of educational,
+science, technology and communication even from abroad through
+distance learning programs.
+
+d) Upgrading of Science Laboratories. Each public elementary and high
+school will be provided with a well-equipped science laboratories with
+modern science equipment, which is essential in improving the
+competencies of the students in the area of science and technology.
+
+SECTION 6. Phased Implementation of the Program. - The Department
+
+shall implement the program in phases to ensure continuity and sustainability of
+the projects. The phases of implementation will be determined according to the
+\ priorities set by the Department as well as the absorptive capacity of the schools.
+| section 7. Financing of the Program. The Department of Budget and
+Management shall allocate 10% of the total appropriations of the annual budget
+of DECS for the financing of the School Modernization and Innovation Program.
+SECTION 8, Formulation of School Modernization and Innovation Plan at
+
+Schvol and Regional Level.
+
+
+a) National Modernization and Innovation Plan. The Secretary of
+Education in consultation with regional directors and schools division
+superintendents shall develop a comprehensive and sustainable
+modernization and innovation plan for public elementary and secondary
+schools nationwide which will be implemented within a period of 10
+years. The plan shall be divided into short, medium and long term period
+of implementation, It shall take into account the rapid changes in the field
+of information technology, communication and instructional delivery in
+various part of the world. It shall also identify sources of funding both
+from local and international financial institutions as well as the role of
+private sector, local government units and other members of the civil
+society. It shall likewise define the national standards and framework,
+which will be adopted in developing the individual plans.
+
+b) Regional Modernization and Innovation Plan. The Regional Director in
+coordination with the Schools Division Superintendents shall formulate a
+modernization framework consistent with national standards which will
+serve as the basis for the plan taking into consideration the specific needs,
+and requirements of the region. The regional plan shall highlight the
+peculiarities and unique needs of the various schools within its
+jurisdiction.
+
+¢) School Modernization and Innovation Plan. Each school shall! formulate
+its own 10-year modernization plan which reflects the aspirations and
+goals of the school based on the regional plan of action. The plan shall
+consist of an assessment of the existing needs of the school as well as an
+inventory of existing educational facilities, priority programs for the
+allocation of funds, strategies to mobilize fin.incial resources to augment
+
+regular budget and strategies to manage the use of personnel, physical
+
+
+and fiscal resources. The individual Plans of the schools shall be
+
+submitted to the regional offices for consolidation.
+
+SECTION 9. School Modernization and Innovation Trust Fund. - A
+
+School Modernization and Innovation Fund, hereinafter referred to as the Fund,
+
+is hereby established, exclusively to augment the regular appropriations
+
+provided under Section 7 to finance the priority programs for school
+
+modernization and improvement of public elementary and secondary schools.
+
+y
+
+a) The government's contribution to the Fund shall be the following:
+
+1) The amount of Fifteen billion pesos (P15,000,000,000) as seed
+
+capital;
+
+2) The equivalent of twenty percent (20%) of the annual gross
+
+3)
+
+4)
+
+5}
+
+6)
+
+earnings of the Philippine Amusement Gaming Corporation
+(PAGCOR)
+
+The equivalent of 10% annual share on the Total gross collections
+
+of the travel tax
+) The equivalent of 20 %of any additional increase annually in the
+fees for vehicle registration;
+
+The equivalent of 2% of the additional increase annually in
+
+revenue collections.
+
+The equivalent of 10% of the sales of the lotto operations of the
+
+Philippine Charity Sweepstakes Offices
+
+The fund shall have a private portion to be raised from donations and gifts
+
+and other conveyances including materials, equipment, properties and services
+
+by gratuitous title.
+
+b) The fund shall be distinct and separate from the schools regular
+
+allotment for maintenance and other operating expenses (MOOE).
+
+
+¢) The Department shall be authorized to use the annual interest
+income of the Trust Fund provided that the expenditures will be
+used directly for the implementation of the modernization
+Programs and not on the regular programs of the Department.
+Provided further that 50% of the entire annual income shall be
+retained in the Bureau of the Special Treasury.
+
+SECTION 10. Management and Administration of the Fund. - The Fund
+
+shall be administered by the Department of Education. For sound and judicious
+
+management of the Fund, the Commission shall appoint a reputable government
+financial institution as portfolio manager of the Fund, subject to the following
+conditions.
+
+As administrator of the Fund, the Department shall prepare the necessary
+guidelines for its use, subject to the following conditions:
+
+a) No part of the seed capital of the Fund, including earnings thereof
+shall be used to underwrite overhead expenses of the administration;
+
+yD, Unless otherwise stipulated by the private donor, only earnings of
+private contributions shall be used for administrative expenses;
+
+c) The Department shall appoint and organize a separate staff that will
+be independent administratively from the Department. It shall also
+enjoy fiscal autonomy from the Department.
+
+SECTION 11. Mandatory Allocation. - Each local government unit is
+hereby directed to allocate at least 5% of their Special Education Fund to
+augment the appropriations for the financing of programs in line with the thrusts
+of the school modernization and innovation program.
+
+SECTION 12. Uses of the Fund, - The School Modernization and
+
+| Innovation Fund shall be used to finance the following:
+
+
+a) Projects, which have been approved and certified as priority by the
+National Executive Committee and Regional Modernization
+Committees created under Section 9 based on the guidelines and
+criteria formulated by the Department.
+
+b) In service training of the teachers in the area of computer literacy
+
+and instructional communication technology.
+
+°) Procurement of computer equipments including maintenance of
+
+computer laboratories, audio visual and multimedia facilities, and
+appropriate education technology softwares
+
+d) Procurement of science equipments for science laboratories in
+
+schools
+
+SECTION 13. Order of Priority in the allocation of funds. In order for the
+
+school to given priority in the allocation of funds from the School Modernization
+Innovation Trust Fund, The following criteria should be met:
+
+a) The programs, which will be funded, should be in line with the
+
+formulated regional and school modernization plans.
+
+b), The school should have mobilized additional 40% counterpart
+funding from either the local government unit, private corporations,
+foundations, business groups or private individuals for every
+program which will be implemented,
+
+<) The programs have been approved by either the Regional
+Modernization Committee, and the National Executive Committee or
+both depending on the fuiuing required.
+
+SECTION 14. Selection Procvss. - The individual schools nationwide are
+
+directed to develop project proposa's in line with the modernization thrusts of
+
+their region and submit to their - espective regional offices to determine its
+
+
+feasibility and contribution to the overall thrusts of school modernization in the
+country.
+
+A National Executive Modernization Committee shall be established. It
+shall be headed by the Secretary of the Department of Education, the
+Undersecretary for Programs and Directors of Elementary and Secondary
+Education and 2 representatives from the private sector. It shall be in- charge in
+evaluating projects with national application and coverage.
+
+A Regional Modernization Committee headed by the Regional Director
+and composed of 3 Division Superintendents and 2 Representatives from Parent
+Teachers Association in the region shall be established to evaluate all project
+Proposals at the regional level. The Regional Modernization Committee shall
+have the authority to approve and recommend release of funding for projects
+with a funding requirement of P500,000.00 and less.
+
+However, the approved project proposals with a funding requirement of
+more than 500,000.00 will be forwarded to the National Executive
+
+\ Modernization Committee chaired by the Secretary of Department of Education
+or his duly designated representative for final review and approval.
+
+The Department shall promulgate guidelines for the selection of the
+Project proposals, which will be funded by the School Modernization and
+Innovation Fund.
+
+SECTION 15. Private Sector Participation. - The members of the private
+sector are hereby encouraged to provide technical and/or financial suppott to
+the schools as they pursue their modernization plans, The private corporations,
+foundations, business groups or individuals who shall provide support to
+modernization programs shall be ;llowed to deduct from their gross income
+100% of the expenses directly used t » finance the implementation of the program
+
+in the schools.
+
+
+The schools which would be able to seek at least 40% counterpart funding
+Support from private corporations, foundations, business groups individuals as
+well as local government in their respective local communities shall be given the
+Priority the provision of direct grants and funding from the School Improvement
+and Innovation Fund particularly in programs which are mentioned in Section 9,
+
+SECTION 16. Implementing Rules and Regulations. - The Secretary of
+Education shall promulgate the implementing rules and regulations within (90)
+ninety days after the approval of this Act.
+
+SECTION 17. Separability Clause. - If any portion or provision of this
+Act shall be declared unconstitutional, such declaration shall not invalidate other
+parts thereof, which shall remain in full force and effect.
+
+SECTION 18. Repealing Clause. - All laws and rules and regulations or
+parts thereof inconsistent with the provisions of this Act are hereby repealed or
+modified accordingly.
+
+SECTION 19. Effectivity. - This Act shall take effect fifteen (15) days
+following the publication in atleast two (2) newspapers of general circulation.
+
+Approved,