Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REP. SITTIE SHAHARA “BAI DIMPLE” I. MASTURA 
EXPLANATORY NOTE 
Safety and health should be primordial concerns in any workplace. The viability 
of an economy rests on the productivity of its workers. Productivity entails an 
environment that nurtures workers and ensures their safety. Poor conditions can result 
to illness, injury, and death. 
This is especially true in the film, television, theatre and audio visual industry.  In 
order to meet deadlines and cut back on production costs, casts and crew in the film and 
television industry often have to work graveyard hours and erratic work schedules, in 
poor and hazardous conditions. 
The death of director Gilbert Perez in 2008, followed by directors Wenn Deramas 
and Francis Xavier Pasion in 2016, brought these harsh realities to light.  While their 
deaths were attributed to cardiac arrests, their colleagues in the film and television 
industry were convinced that horrible working hours and conditions were the real 
culprits. 
In 2019, another death astounded the nation.  While filming for a television 
series, the Philippines’ multi-awarded actor, director, and screen legend Eduardo V. 
Garcia, more popularly known as “Eddie Garcia”, tripped on loose cables on the GMA 
Network production set.  The fall caused severe cervical cracks and spinal fracture which 
left Mr. Garcia in a state of coma for several days, before finally succumbing to his death 
on June 20, 2019. 
While the nation mourned the loss of a great man, the incident which led to his 
death galvanized the legislative branch into action.  Several bills were immediately filed 
seeking to address the long production hours, erratic work schedule and hazardous 
working conditions prevalent in the media industry.  These bills were consolidated into 
one – the “Eddie Garcia Act”.  
August 22, 2022
8:02 am
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While the “Eddie Garcia Act” was approved by the House of Representatives and was 
transmitted to the Senate during the 18th Congress, it was not enacted into law. 
Hence this bill re-filing the Eddie Garcia Act before the 19th Congress. 
In view of its vital importance, the approval of this bill is earnestly sought. 
SITTIE SHAHARA “BAI DIMPLE” 
I. MASTURA
Representative
First District of Maguindanao 
and Cotabato City 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by REP. SITTIE SHAHARA “BAI DIMPLE” I. MASTURA 
AN ACT 
INSTITUTING POLICIES FOR THE PROTECTION AND PROMOTION OF THE 
WELFARE OF WORKERS OR INDEPENDENT CONTRACTORS IN THE FILM, 
TELEVISION AND RADIO ENTERTAINMENT INDUSTRY 
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 “Eddie Garcia Act.” 
SEC. 2.  Declaration of Policy. -  The State recognizes the economic, social and 
cultural contributions to nation-building of workers or independent contractors in the film, 
television and radio entertainment industry.  Towards this end, the state should 
continually review working conditions to ensure that workers are provided opportunities 
for gainful employment and decent income, and are protected from abuse, harassment, 
hazardous working conditions and economic exploitation. 
SEC. 3. Coverage.- 
This Act applies to all workers or independent contractors 
engaged in the film, television and radio entertainment industry. 
SEC. 4. Definition of Terms. -  As used in this Act: 
a) Employer or principal refers to a person, group of persons or an entity that
engages or hires the services of a worker or independent contractor in the
film, television and radio entertainment industry.
b) Film, television and radio entertainment industry refers to any market of
sound and visual components primarily produced, distributed and exhibited
for commercial purposes in film, television and radio, including any related
digital medium.
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c) Force majeure refers to an unforeseeable or unavoidable event that interrupts 
a film, television, or radio entertainment production and prevents workers  or 
independent contractors from fulfilling their obligations relative to the 
production.  
 
d) Lock-in refers to a condition where a film, television and radio entertainment 
production requires the workers or the independent contractors to stay within 
a set or location site for twenty-four (24) hours or more on a continuous basis. 
 
e) Out of town shoot  refers to a set, location or distance to be determined by the 
Tripartite Council under section 17 of this Act. 
 
f) Worker or independent contractor refers to any person engaged or hired by 
the employer or principal to render services involving the production, 
distribution and exhibition of film, television and radio entertainment content.  
A worker or independent contractor shall be governed by the provisions of the 
Civil Code on contracts and other applicable laws, but not lower than the 
standards provided under Presidential Decree No. 442 or the Labor Code of 
the Philippines, as amended. 
 
g) Workplace refers to any location under the direct or indirect control of the 
employer or principal where the film, television and radio entertainment 
content is produced and where workers or independent contractors need to 
be present or to go by reason of their work. 
 
    
SEC. 5.  Agreement or Employment Contract.  – The worker or independent 
contractor and the employer or principal shall execute an agreement or an employment 
contract in a language or dialect understood by both parties before the commencement 
of service.  The employer or principal shall provide the worker or independent contractor 
a copy of the duly signed contract which shall include the following: 
 
a) Job position and status; 
b) Job description; 
c) Period of employment; 
d) Details of compensation and other worker’s or independent contractor’s 
benefits including rate, method and schedule of payment; 
e) Authorized deductions, if any; 
f) Hours of work and proportionate additional payment or overtime pay; 
g) Board, lodging and medical attention; 
h) Code of conduct; 
i) Worker’s or independent contractor’s grievance mechanism; 
j) Employer’s or principal’s policies; and 
k) Any other lawful condition agreed upon by both parties. 
 


No agreement or employment contract shall discriminate against a worker or 
independent contractor who has contracts or projects with other outfits, unless 
exclusivity is specified in the contract. 
 
SEC. 6. Hours of Work. – The hours of work of the worker or independent contractor 
shall be based on the terms and conditions set in the employment contract and other 
stipulations theretosigned with the employer or principal the contents of which shall be 
in accordance with the following: 
 
a) The normal work hours shall be eight (8) hours a day, which can be extended to a 
maximum of twelve (12)hours, served intermittently or continuously, exclusive of 
meal periods; permissible working hours in excess of the  normal work hours shall 
be determined by the Tripartite Council, except for the following: 
 
1) Workers or independent contractors aged sixty (60) and above who shall be 
allowed, under exceptional circumstances as defined by the Tripartite 
Council, to work beyond twelve (12) hours in any twenty four (24)-hour 
period; Provided, that said workers or independent contractors voluntarily 
execute a waiver in the proper form prescribed by the Department of Labor 
and Employment (DOLE); and  
 
2)  Minors whose working hours shall be in accordance with the pertinent 
provisions of Republic Act No. 9231, or the “Special Protection of Children 
Against Child Abuse, Exploitation and Discrimination Act”. 
 
In no case shall the total number of work hours be more than sixty (60) hours in a week, 
with exceptions thereto to be determined by the Tripartite Council; 
 
b) Work hours include “waiting time” where the worker or independent contractor is 
required to stay within the premises of the workplace and shall be duly 
compensated. A worker or independent contractor working on a scheduled shooting 
day shall be compensated based on work hours that shall commence upon one’s 
entry into the workplace and until one’s departure from work.  Likewise, all time 
during which the worker or independent contractor is required to work, including time 
spent on ocular work, pre-production and post-production activities are considered 
work hours and are compensable. If a scheduled shoot is cancelled less than 
twenty-four (24) hours immediately preceding its approved schedule, all on-call 
workers or independent contractors engaged for the day who are outside the 
premises of the set or location shall likewise be compensated.  Workers or 
independent contractors may not be compensated in cases of cancellation due to 
force majeure; 
 
c) Work rendered beyond eight (8) hours shall be compensable with overtime pay and 
other benefits provided under existing laws, unless a more favorable rate or fee is 
stipulated in the contract. For work in excess of eight (8) hours performed on 
ordinary working days, the worker or the independent contractor is entitled to twenty-
five percent (25%) of the hourly rate or fee, unless a more favorable rate is 


stipulated in the contract. Additional premium pay shall be provided on overtime pay 
performed beyond 10:00 p.m. and during non-working days such as rest days, 
special holidays, and regular holidays, unless a more favorable rate or fee is 
stipulated in the contract. Every worker or independent contractor shall likewise be 
paid a night shift premium of not less than ten percent (10%) of one’s regular wage 
for each hour of work performed between 10:00 p.m. and 6:00 a.m., unless a more 
favorable rate or fee is stipulated in the contract; 
 
d) Travel time to and from out-of-town projects shall be compensable. Likewise, travel 
time to and from out-of-town or base projects shall be considered compensable 
working time, especially if the worker or independent contractor has no choice but to 
travel as part of one’s work and as required by one’s employer or principal; 
Provided, that during the worker’s or independent contractor’s travel time, the worker 
or independent contractor cannot gainfully utilize the travel time for one’s own 
personal purpose, need or benefit.  
 
When a worker or independent contractor travels with the equipment coming from 
the work station to the project site and vice-versa, travel time is compensable. 
 
e) The workers or independent contractors shall be entitled to travel surcharges or 
transport services to be provided by the employer or principal, whichever is 
applicable; 
 
f) The employer or principal shall provide a rest period of not less than twelve (12) 
hours between the end of work on one day and the beginning of work on the next 
day excluding travel time except for locked-in shoots where the rest period shall be 
determined by the Tripartite Council; and 
 
g) The employer or principal shall give notice to the worker or independent contractor 
of any engagement related to the contracted service not less than forty-eight (48) 
hours ahead of the schedule.  
 
SEC. 7. Wages. – The minimum wage of a worker or independent contractor shall not 
be less than the applicable minimum wage in the region. Wages shall be paid on time, 
as agreed upon in the contract, directly to the worker or independent contractor. The 
employer or principal shall not make any deductions from the wages unless otherwise 
required or allowed by law. The employer or principal shall at all times provide the 
worker or independent contractor with a copy of the pay slip containing the amount paid, 
and indicating all deductions made, if any.  
 
SEC. 8. Social Security and Welfare Benefits. – The employee shall be covered by 
the Social Security System (SSS), the Home Development Mutual Fund or the Pag-IBIG 
Fund, and the Philippine Health Insurance Corporation (PhilHealth) upon employment. 
 
The payment of SSS, Pag-IBIG Fund, and PhilHealth monthly contributions shall be 
jointly shared by the employee and the employer, when applicable, in accordance with 
existing rules and regulations. 


 
The employee shall also be entitled to retirement benefits as provided under Republic 
Act No. 11199, otherwise known as the “Social Security Act of 2018”, and other existing 
laws. 
 
Coverage with the insurance, retirement and other benefits provided by the SSS, Pag-
IBIG Fund, and PhilHealth shall not preclude employers or principals from providing 
social welfare benefits to the worker or independent contractor as may be agreed upon 
in the Tripartite Council.  
 
SEC. 9. Basic Necessities. – The employer or principal shall provide for the basic 
necessities of the worker or independent contractor as follows:  
 
a) Adequate and nutritious meals shall be provided every six (6) hours from start of 
work;  
 
b) Sufficient supply of safe drinking water shall be kept readily accessible to the 
workers or independent contractors at all times; 
 
c) Clean, enclosed, person-with-disability (PWD)-friendly and gender-considerate 
toilets with sanitary facilities shall be accessed easily, whether on location or not. 
The number of comfort facilities for a given number of workers or independent 
contractors shall be in conformity with the requirements of the Department of 
Health; 
 
d) Private dressing rooms, whether on location or not, shall have adequate 
provisions for proper safekeeping of the workers’ or independent contractors’ 
valuables. There shall be separate dressing rooms for workers or independent 
contractors, child workers, and for each gender; 
 
e) Safe, clean, comfortable and properly ventilated holding areas with emergency 
exits shall be available for the workers or independent contractors during location 
activities;  
 
f) Free accommodation that is safe and adequate shall be provided if services are 
required to be rendered in an out-of-town location; and 
 
g)  Dedicated vehicle for emergency purposes shall be readily available in the 
production set. 
 
SEC. 10. Standard of Treatment. – The employer or principal shall not subject or allow 
the worker or independent contractor to be subjected to any kind of abuse, physical 
violence or harassment or any act that degrades the dignity of the worker or 
independent contractor. The employer or principal shall set in place policies, rules and 
regulations to prevent sexual harassment in the workplace in conformity with the 
provisions of Republic Act No. 7877 or the "Anti-Sexual Harassment Act of 1995", 
Republic Act No. 11313 or the “Safe Spaces Act”, and Republic Act No. 11036 or the 


“Mental Health Act”. Such policies, rules and regulations shall include procedures for 
the resolution of any conflict involving sexual harassment.  
 
SEC. 11. Health and Safety. – The employer or principal shall strictly comply with the 
occupational safety and health standards provided in Republic Act No. 11058, entitled,  
“An Act Strengthening Compliance with Occupational Safety and Health Standards and 
Providing Penalties for Violations Thereof”, and Section 25 of Republic Act No. 11036, 
entitled,  “An Act Establishing a National Mental Health Policy for the Purpose of 
Enhancing the Delivery of Integrated Mental Health Services, Promoting and Protecting 
the Rights of Persons Utilizing Psychiatric, Neurologic and Psychosocial Health 
Services, Appropriating Funds Therefor, and for Other Purposes. 
 
 
In addition, the occupational safety and health (OSH) officer of the employer or principal 
shall conduct a risk assessment of the workplace or location of production to identify 
and eliminate or control any potential hazard to the film, television, and radio 
entertainment workers or independent contractors and shall use the appropriate safety 
manual for the industry. 
 
The DOLE shall initiate and oversee, in coordination with film, television, and radio 
entertainment workers’ or independent contractors’ organizations and groups, 
employers or principals, agencies, and field experts, the formulation, production, and 
distribution of the said manual. 
 
Notwithstanding, the provisions of the contract between the employer or principal and a 
contractor or subcontractor, if any, the provisions of relevant occupational safety and 
health legislation and regulations shall apply. 
 
The employer or principal shall regularly submit the required occupational safety and 
health reports, including timely notification of production location and schedule to the 
DOLE regional office with jurisdiction over the area where the workplace is located. 
 
 
SEC. 12. Employment of Minors. –The employer or principal shall strictly adhere to 
the provisions of Republic Act No.7610 or the "Special Protection of Children Against 
Child Abuse, Exploitation and Discrimination Act", and Republic Act No. 9231 or the 
“Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the 
Working Child Act”. 
 
SEC. 13. Insurance. – All workers or independent contractors shall be adequately 
insured by the employer or principal for work-related accidents or death in every film, 
television, and radio entertainment production. 
 
SEC. 14. Right to Self-organization and Collective Bargaining. – Workers or 
independent contractors in the film, television, and radio entertainment industry shall 
have the right to form, join, or assist in the formation of a labor organization of their own 
choosing for purposes of collective bargaining, for mutual aid benefit, and to engage in 
concerted activities which are not contrary to law.  
 


SEC. 15. Prohibition on Cabo System.– Any person, group of persons, or labor group 
acting as a labor contractor or engaging in the "Cabo" system, or otherwise engaging in 
any activity prohibited by law, shall constitute grounds for cancellation of union 
organization’s registration. 
 
SEC. 16. Settlement of Disputes. – All labor-related disputes shall be elevated to the 
DOLE regional office with jurisdiction over the workplace. 
 
SEC. 17. Film, Television, and Radio Entertainment Industry Tripartite Council.– 
The DOLE shall initiate the creation of the Film, Television, and Radio Entertainment 
Industry Tripartite Council that shall serve as a link among various stakeholders such as 
employers or principals, workers or independent contractors, cinematographers, artists, 
directors, assistant directors, composers and writers, production designers, animators, 
talent managers, videographers, photographers, digital radio technology experts, 
television and radio entertainment, radio drama casts, digital creators, make-up artists, 
professional speakers, stunt persons, camera men, background performers, and non-
government organizations concerned with labor issues. It shall also provide the film, 
television, and radio entertainment industry with a platform for the employers or 
principals and workers or independent contractors to represent their respective groups 
in the crafting of policy decisions that will affect them and the industry as a whole, and 
serve as an avenue to express their aspirations, present their programs or bridge gaps 
in cases of conflict among them, subject to the accreditation of the DOLE.  
 
SEC. 18. Right to Remuneration – The rights of a performer over intellectual property, 
consisting of the performer’s performance on all film, radio or television production, shall 
at all times be protected and secured under this Act, pursuant to the provisions of 
Republic Act 8293 or the Intellectual Property Code, as amended. Contracts or 
engagement agreements may stipulate that the performer transfers exclusive 
intellectual property rights in favor of the employer or principal: Provided, that a 
performer shall enjoy the inalienable right to participate in the gross proceeds of any 
subsequent use or broadcasting of such performance or intellectual property to the 
extent of five percent (5%) as additional remuneration. 
 
SEC. 19. Information and Education Campaign.– The Intellectual Property Office of 
the Philippines, DOLE, and the Philippine Information Agency, and other pertinent 
national government agencies shall implement and initiate the information and 
education campaign on the protection of the intellectual property rights of workers or 
independent contractors in the film, television, and radio entertainment industry, as 
enshrined in Republic Act No. 8293 or the “Intellectual Property Code of the 
Philippines.” 
 
SEC. 20. Effect on Existing Company Policies and Contracts or Collective 
Bargaining Agreements (CBAs).– The minimum benefits provided in this Act shall be 
without prejudice to any existing company policy, contract or CBA providing better terms 
and conditions of employment.  
 


SEC. 21. Implementing Rules and Regulations. – Within ninety (90) days from the 
effectivity of this Act, the Secretary of the DOLE, in consultation with stakeholders, 
concerned government agencies, and non-government organizations shall promulgate 
the necessary rules and regulations for the effective implementation of this Act. 
 
SEC. 22. Separability Clause. – If any provision or part of this Act is declared invalid or 
unconstitutional, the remaining parts or provisions not affected shall remain in full force 
and effect. 
 
SEC. 23. Repealing Clause.– All laws, decrees, executive orders, issuances, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
 
SEC. 24. Effectivity.– This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in a newspaper of general circulation. 
 
 
Approved,