Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2003

__ INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

As provided in the 1987 Constitution of the Republic of the Philippines, the
State recognizes the role of every Filipino in nation-building and shall encourage their
involvement in public and civic affairs

Dr. Romulo A. Virola perfectly described the nature of Filipino volunteerism

“In the Philippines, volunteerism has had a long, rich, diverse,
cultural tradition. Under its many cultural names, guises, and dimensions,
volunteerism remains embedded in the tradition of sharing, of helping,
Notions of Filipino volunteerism employ various indigenous meanings
such as bayanihan, damayan, kawanggawa, pahinungod, and
bahaginan...Whether understood as _tulong, _ pakikipagkapwa-tao,
pagbabahagi, or paghahandog, volunteerism can bring significant benefits
to individuals and communities in the Philippines and can help nurture
and sustain a rich social texture and a strong sense of mutual trust and
cohesion, essential to the stability of Philippine society.”!

The spirit of Filipino volunteerism has always been evident especially during
disasters and natural calamities, However, the willingness of volunteers to offer their
services freely is hindered by the potential for liability actions against them, Sila na
nga ang tumutulong, sila pa ang mapapahamak.

To further strengthen volunteerism in the country, this bill seeks to protect
volunteers from liability in providing reasonable assistance as long as these volunteers
\vere acting in an emergency; itappropriate or required, the volunteers were properly
licensed, certified, or authorized by the appropriate authorities for the activities
undertaken in an emergency; and the harm was not caused by willful or criminal
misconduct.

In view of the foregoing, the approval of this measure is urged.

.LFRED VARGAS,

"Virol, R. (2010). Volunteerism in the Philppines: Dead or Alive? Philippine Statistics Authority
{nttp://nap.psa.gov.ph/headlines/StatsSpeak/2010/121310_rav_cmr_volunteerism.asp} Retrieved: 01
June 2017,


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2003

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
ENCOURAGING VOLUNTEERISM DURING EMERGENCIES BY PROTECTING
VOLUNTEERS FROM LIABILITY

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 “Volunteer Protection
Act."

Sec. 2. Declaration of Policy. - It shall be the policy of the State to promote
the participation of Filipino citizens in public and civic affairs and strengthen the
practice of volunteerism as a strategy in order to attain national development. The
inculcation of volunteerism as a way of life rekindle in every Filipino the time-honored
tradition of bayanihan to foster social justice, solidarity and sustainable development.
Towards this end, the State shall encourage individuals to volunteer and provide
reasonable assistance during emergencies by protecting them from liability.

Sec. 3. Definitions. - For purposes of this Act.

(1) “Volunteer” refers to an individual who provide reasonable assistance in an
emergency and does not receive compensation.

(2) “Emergency” shall refer to a situation requiring immediate attention and
remedial action involving a sudden, unexpected, and impending threat to
life, health, or safety ofa person.

Sec. 4. Liability Protection for Volunteers. - No volunteer shall be liable for
harm caused by an act or omission if:

(1) The volunteer was acting in an emergency at the time of the act or omission;

(2) If appropriate or required, the volunteer was properly licensed, certified,
or authorized by the appropriate authorities for the activities undertaken
in an emergency at the time of the act of omission; and

(3) The harm was not caused by willful or criminal misconduct, gross
negligence, reckless misconduct, ora conscious, flagrant indifference to the
rights or safety of the individual harmed by the volunteer.


Sec. 5. Exceptions. ~ The liability protection for volunteers under this Act shall
not apply to misconduct that:

(1) constitutes a crime; or

(2) was performed under the influence of intoxicating alcohol or any
dangerous drug at the time of the misconduct.

Sec. 6. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

Sec. 7. 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. 8. Effectivity. - This Act shall take effect after fifteen (15) days following
the completion of its publication either in the Official Gazette or In a newspaper of
general circulation in the Philippines,

Approved.