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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4966
HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

AS a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this bill, which has constantly been receiving support from the
Past and present congress, as filed by various representatives.

Section 14 of Article XIV of the 1987 Constitution states that:

“The State shall foster the preservation, enrichment, and dynamic evolution
of a Filipino national culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression.”

Moreover, Section 17 of the same article states that:

“The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and
institutions. It shall consider these rights in the formulation of national plans
and policies.”
Pursuant to the abovementioned constitutional provisions, this piece of legislation
aims to improve the social security, labor, medical, and legal conditions of artists by
introducing a system of accreditation, recognizing them as professionals, and
empowering them to self-organize and collectively defend their common interests.

In view of the foregoing, the passage of this measure is earnestly sought.

JOHN N iL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. SEG

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT PROVIDING FOR ARTISTS WELFARE PROTECTION

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Artists Welfare Protection
Act.”

SEC. 2. Declaration of Policy. - Pursuant to Sections 14 and 15 of Article XIV of
the 1987 Constitution, it is hereby declared the policy of the State to protect and
promote the rights of an artist to be considered as a person actually engaged in
cultural work and to benefit from all legal, social and economic advantages
pertaining to the status of workers, The State shall:

a) Improve the social security, labor, medical, and legal conditions of the artist,
whether employed or self-employed, taking into account their contributions to
cultural, social and economic development, through a system of accreditation;

b) Recognize artists as professionals, granting them the corresponding rights and
privileges, to enable them to self-organize and collectively defend their
common interests;

c) Establish and protect the right of associations representing artists to be
recognized in law and to promote the professional and socio-economic
interests of their members;

d) Provide second/ alternative career opportunities to artists who wish to retire

from their respective arts or crafts; and
e) Develop means of providing welfare and legal information to artists.

SEC. 3. Coverage. - This Act applies to all Accredited Artists, as herein defined,
employed and working within the country, and to all artists outside of the country
who are covered by recruitment programs/ contracts and placement offices/
agencies.

SEC. 4. Definition of Terms. - As used in this Act, the following terms shall mean:

a) Accreditation refers to the assessment of an artist or guild based on the
Accreditation Requirements as provided herein, for purposes of availing the
provisions and benefits provided in this Act.


b) Accredited Artist refers to an artist who is Filipino, at least eighteen (18) years
of age, and has complied with the Accreditation Requirements as provided
herein, or the members of artists' associations duly registered and accredited
as provided herein.

c) Artist is taken to mean any person who creates or gives creative expression
to, or recreates works of art, who considers his artistic creation to be an
essential part of his or her life, who contributes in this way to the development
of art and culture and who is or asks to be recognized as an artist, whether or
not he or she is bound by any relations of employment or association.

d) Artists Associations are associations of artists formed for the Purpose of
providing appropriate protection for the professional interests of the artists
they represent, collectively negotiating, fixing, maintaining, changing or
improving the terms and conditions in employment.

e) Collecting Agent/ Foreign Collecting Agent refers to any person, natural or
juridical, domestic or foreign, including for purposes of foreign work, manning,
placement and recruitment agencies, who hires and use the services of an
artist. The collecting agent shall be responsible for the remittance of
contribution of the artist to the SSS/ GSIS, PagIBIG and PhilHealth. The
contribution shall be automatically deducted from the compensation paid to
the artist.

f) Hazardous Work refers to services performed by an artist which expose the
artist to hazards likely to cause any disabling injury, illness, death or physical
or psychological harm.

9) Second/ Alternative Career refers to any career, as enumerated in this Act,
which an artist may engage into after leaving their main career due to age,
incapacity, or other reasons, or any career which an artist may engage into
while still active in their major area of specialization due to the latter's
seasonal or contractual nature.

h) Welfare Protection refers to the government's duty of providing rights and
privileges to duly-accredited artists, and ensuring the protection of their works
and talents to maintain a minimum standard of well-being, specifically
providing SSS/ GSIS, PagIBIG and PhilHealth, among other benefits.

i) Welfare Information refers to the government's duty to provide knowledge
awareness and understanding to duly-accredited artists in terms of legal,
medical, proprietary, educational, and second/ alternative careers, among

others.

CHAPTER II
RIGHTS AND PRIVILEGES

SEC. 5. Social Welfare Benefits. - An Accredited Artist shall have the right to
social protection, including but not limited to, SSS/ GSIS, PagIBIG, PhilHealth and
to all other benefits as may be provided for by law. The said agencies shall create
a category/ schedule of payments for Accredited Artists in compliance with existing

laws.

a) Payments of premiums and contributions shall be shouldered by the collecting
agent based on an annual amount to be determined by the respective
government agencies stated herein.

b) In case of multiple payments/ contributions exceeding the annual
contribution, the excess shall be carried over to the succeeding year.

c) In case of deficiency of payment, the Accredited Artist shall pay the deficiency
difference as stated in the category/ schedule of payments, to be provided by
the SSS/ GSIS, PhilHealth, PagIBIG, as the case may be. Artists who do not


have collecting agents shall comply with the provisions of voluntary
contribution,

SEC. 6. Accident Insurance. - If the Accredited Artist is hired to provide services
which involve hazardous work, accident insurance in favor of the artist shall be
provided by the hiring party.

SEC. 7. Legal Information and Assistance. - The National Commission for
Culture and the Arts (NCCA) shall provide Accredited Artists with free legal services
in criminal, civil and labor cases and with free legal information for the registration
and protection of their intellectual property rights over their literary and artistic
works, performances, and other works defined under Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines, and other
pertinent laws.

SEC. 8. Medical and Dental Assistance. - The Accredited Artist shall be Provided
with free medical and dental assistance through the Philippine Medical Association
(PMA), Philippine Hospital Association (PHA), and the Philippine Dental Association
(PDA) in all government hospitals.

SEC. 9. Second/ Alternative Careers - The NCCA, in Coordination with the
pertinent government agencies, shall device a system for Accredited Artists to obtain
Second/ Alternative Careers in the Philippines and outside, including but not limited
to, annual cultural job fairs.

SEC. 10. Artists Village. - The NCCA, in coordination with other relevant
government offices, shall establish a housing community for Accredited Artists to be
known as the Artists Village. Suitable idle lands shall be identified for this Purpose.

SEC. 11. Freedom of Association. - An artist is free to join an artists' association
or guild, and to participate in its formation, activities, and administration.

CHAPTER III
ACCREDITATION

SEC. 12. Accreditation Requirements. - The NCCA shall issue guidelines for the
Purpose of defining the requirements for accreditation of artists and guilds,
complying with the following minimum requirements:

a) In the case of individuals, proof of artistic skill; and
b) In the case of guilds, copies of its constitution and by-laws, list of officers,
their addresses, and list of members; Provided, That, no by-laws of the
association may have the effect of discriminating unfairly against an artist so
as to prevent an artist from becoming or continuing as a member of the
association.
The presumption shall always be in favor of accreditation.

SEC. 13. Accreditation Application. - Artists and artists associations shall submit
the necessary documents to support their application for accreditation to the NCCA.
An artists' association may, if duly authorized by its members, apply to the NCCA in
writing for accreditation in respect of one sector:

a) At any time, in respect of a sector for which no artists’ association is accredited
and no other application for accreditation is pending before the NCCA; and


b) In case where there is an accredited artists' association of the same sector for
which accreditation is applied, within the three months immediately before the
date that the existing accreditation is about to expire.

The NCCA shall give public notice of any application for accreditation in respect of
any sector without delay, indicating any period in which another application may be
made by any other artists’ association, despite subsections (a) and (b), for
accreditation in respect of that sector.

SEC, 14. Accreditation Approval. - If the NCCA is satisfied that an artists’
association that has applied for accreditation in respect of a sector is the most
representative of artists in that sector, the NCCA shall accredit the association.

SEC. 15. Accreditation Period. - Accreditation is valid for a Period of three (3)
years after the date that the NCCA issues the accreditation and, subject to
subsection (b) of Section 13 hereof, is automatically renewed for additional three

years.

SEC. 16. Extension of Period of Accreditation. - Where, in the three (3) months
immediately before the date that the accreditation of an artists' association is to
expire, an application for accreditation in respect of the same or substantially the
same sector, or an application for revocation of accreditation, is filed, the period of
validity of the association's accreditation is extended until the date the application
is accepted or rejected and, where it is rejected, renewal of the association's

certification takes effect from that date.

SEC. 17. Register. - The NCCA shall keep a register of all issued accreditations and
of their dates of issuance.

SEC. 18. Effects of Accreditation. - After accreditation of an artists' association
in respect of a sector:

a) The association shall acquire legal personality upon accreditation;
b) The association has exclusive authority to bargain on behalf of member artists

in the sector;
¢) The accreditation of any association that previously represented artists in the

sector is revoked in so far as it relates to them; and

d) The association is substituted as a party to any agreement that affects the
artists in the sector represented, to the extent that it relates to them, in place
of the association named in the agreement or its successor.

SEC. 19. Application for Revocation of Accreditation. - An artist in a sector
may apply to the NCCA for an order revoking an association's accreditation in
respect of that sector on the following grounds:

a) The association's by-laws have the effect of discriminating unfairly against an
artist so as to prevent an artist from becoming or continuing as a member of
the association, at any time;

b) The association is no longer the most representative of artists in the sector,
or has failed to make reasonable efforts to protect the professional interests
of its member artists, within the three months immediately before the date of
the association's accreditation is to expire;

¢) Gross and evident bad faith in dealing with member artists;


d) Tolerance of gross misconduct, discourtesy, dishonest or misrepresentation
committed by any of the association's officers against its members; and
e) Promoting, facilitating or conducting activities involving drug related
transaction and any form of exploitation of women and children.
SEC. 20. Merger of Associations. - An artists’ association that succeeds an
accredited artists’ association as a result of a merger between associations acquires
the rights, privileges and duties of that accredited association.

SEC. 21. Dispute Resolution. - In cases of disputes arising from the accreditation,
the NCCA shall resolve such dispute.

CHAPTER IV
MISCELLANEOUS PROVISIONS

SEC. 22. Role of the National Commission for Culture and the Arts (NCCA).
- The NCCA shall create an Artist Welfare Office, which shall serve as the
implementing body of this Act. It shall also create a Legal Assistance Office, which
shall provide free legal services to Accredited Artists.

SEC. 23. Continuing Studies on Special Privileges for Artists. - The NCCA, in
coordination with other government offices, arts sector and academic institutions,
is mandated to conduct studies and researches on the feasibility of granting discount
privileges to artists, in particular, those who are earning below the minimum wage
or those artists whose employment engagements are intermittent.

SEC. 24. Appropriations. - The amount necessary to implement this Act shall be
charged against the annual appropriation of the National Commission for Culture

and the Arts.

SEC. 25. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the NCCA, in coordination with SSS, PhilHealth and
PagIBIG, shall promulgate the necessary rules and regulations for the
implementation of this Act.

SEC. 26. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this

Act.

SEC. 27. Repealing Clause. - All laws, decrees, orders, rules, and regulations, or
others issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication either in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,