FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
960 
S.No. __ _ 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
The Gale Encyclopedia of Childhood and Adolescence defines "caregiver" as the 
person who has the responsibility for meeting the physical and psychological needs of 
an infant, child or dependent adult. The term generally refers to anyone who provides 
assistance to someone else who is in some degree incapacitated and needs help. 
The caregiving profession is a huge industry especially in the U.S. Recently, it 
was found out that the total amount spent on formal caregiving proviSion reached to 
about US$115 billion dollars. Data indicate that the demand for caregiving services in 
the U.S. would continue to rise in the coming years. Increase in demand is expected 
not only in the traditional markets of USA and Canada but also in other developed and 
rich countries of Europe and even Asian economies such as Japan and Korea. The 
increasing need for caregivers is accounted on the large aging population of these 
nations. 
Our POEA data indicate that the bulk of the job orders for caregivers of licensed 
placement and recruitment agencies are in Israel, Taiwan, Bahrain and the United 
States. Market for caregivers is also growing in Spain and Saudi Arabia as reported out 
in our major dailies. The Department of Labor and Employment (DOLE) indicated that 
other emerging host destinations of Filipino caregivers for the year 2005 included 
Albania, Australia, the Bahamas, Bermuda, the Cayman Island Cyprus, Hongkong, 
India, Ireland, Italy, Kuwait, Mexico, Saipan, Saudi Arabia, Spain, Tajikistan, Tinian and 
the United Arab Emirates. 
The Filipino caregivers continue to be sought-after in 
Taiwan, Israel, Canada, and the United Kingdom because of their skills and values. 
A total of 13,855 caregivers, comprising 68.3 percent of total global deployment, 
were hired or rehired in Taiwan alone. The DOLE indicated that Taiwan alone 
accounted for approximately eighty percent (80%) of the total number of caregivers 
deployed during the five-year period from 1998 to 2004. 
With the emergence of the Philippines as a major source for caregivers in 
hospitals, hospices and old-age homes in developed countries, the current demand has 
increased. Indeed, the realities of global demographic transitions have given rise to 
economic opportunities for our young and skilled Filipino caregivers in the health care 
sector here and abroad. 
However, the data from the Department of Labor and Employment (DOLE) 
indicate that notwithstanding the percentage increase in the deployment of Filipino 
caregivers abroad, the DOLE cautioned recruiters against giving would-be overseas 
Filipino caregivers false hopes on non-existent job openings in still inactive overseas 


markets. 
Moreover, there is now a proliferation of "fly-by-night" training centers for 
caregivers which are not accredited by our government causing serious problems and 
are destroying the reputation of legitimate training centers for caregiving. Being bogus 
training centers, graduates from these unauthorized training centers lack the proper 
training, competence and knowledge that would empower our caregivers to work 
effectively in highly sophisticated hospitals, hospices, retirement and nursery homes 
abroad. 
As such, there is an urgent need to provide enabling mechanisms for our 
government to closely monitor these caregiving centers in order to curb out the 
apparent prOliferation of unauthorized training institutions. 
Under this proposed measure, the TESDA is tasked to formulate the necessary 
rules and regulations in the formulation of standard setting, registration of training 
centers, assessment, certification and regulation, as well as the conduct of monitoring 
and continuous evaluation for training centers. 
The TESDA, through its offices 
nationwide, is tasked to ensure that no caregiving training programs without appropriate 
registration are operating within the country. It is hoped that through these efforts, the 
public would be protected from unscrupulous and fly-by-night training centers. 
Moreover, the TESDA is tasked to formulate necessary guidelines in the conduct 
of an annual National Caregiver Examination to ensure the technical competence and 
skills capabilities of our graduate in the caregiving profession. 
Furthermore, the Department of Labor and Employment (DOLE), in coordination 
with the Land Bank of the Philippines (LBP) is tasked to formulate an appropriate credit 
assistance scheme that will assist our professional caregivers seeking employment 
abroad in the payment of their placement fees. Said credit assistance scheme shall be 
deductible to the salary of the caregiver upon gainful employment abroad. 
Finally, the DOLE is further tasked to formulate a strategic marketing plan which 
will highlight the marketing strategies and operational plan that will be adopted by our 
government so that our profeSSional caregiver graduates will find placement and 
employment in the global market for caregivers. 
In view of the foregoing, the passage of this measure is earnestly sought. 
, 
'.- --
~,~ 
MANUEL "LITO" M. LAPI9<-
Senator 
{ 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
960 
s. No. _--=....;=-
) 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
PROVIDING 
THE 
ENABLING 
MECHANISMS 
TO 
ENSURE 
THE 
REGULATION AND MONITORING OF CAREGIVER TRAINING CENTERS 
IN THE' COUNTRY AND THE PROVISION OF QUALITY EDUCATION IN 
THE CAREGJVJNG PROFESSION 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 "Caregiver Act 
of 2010". 
SEC. 2. 
Declaration of Policy •. -
It is hereby declared the policy of the 
State to ensure the provision of quality education in the caregiving profession and 
enable our caregivers to be globally competitive in the provision of health services to the 
patients. 
Towards this end, the State shall endeavor to improve the quality of the 
caregiving profession through a comprehensive training program that will prepare and 
provide Filipino workers with the skills and knowledge and develop in them the correct 
attitude about the caregiving profession. 
Moreover, the State shall enhance the 
technical capabilities of Filipino caregivers and indicate in them the necessary 
knowledge, skills, training and attitudes to become effective in the practice of their 
caregiving profession. 
SEC. 3. 
following: 
Policy Objectives. - The objectives of this Act include the 
(1.) 
To ensure that the regulatory agencies of our government, including the 
TESDA, shall formulate the necessary rules, regulations and safeguards to provide 
, 
1 


quality caregiving education, and ensure the appropriate licensing of professional 
caregivers for them to attain gainful employment. 
(2.) 
To ensure that the TESDA shall regulate, accredit and closely monitor the 
operation of Caregiving Training Centers in order to prevent the proliferation of fly-by-
night training institutions; 
(3.) 
To provide the enabling framework to ensure that only accredited training 
institutions provide training programs for our students in the caregiving profession to 
ensure quality education. 
SEC. 4. 
Accreditation of Caregiver Training Centers. - Within sixty (60) 
days from the date of effectivity of this Act, the TESDA shall promulgate the necessary 
implementing rules and regulations in the annual accreditation, regulation and 
monitoring of all caregiver training centers in the country in order to stop the proliferation 
of "fly-by-night" training centers that operate even without TESDA's accreditation. The 
TESDA through its offices nationwide shall ensure that no caregiving training centers, 
without appropriate registration, are operating in the country. 
Furthermore, the TESDA is hereby mandated to determine the occupational 
requirements, curriculum and adopt training regulations for the provision of quality 
caregiving education in the country. 
SEC. 5. 
Professional Requirements for Caregiver Faculty. - Given that 
the six (6) month caregiver training course is a hands-on training program, training 
, 
instructors play an important role in ensuring that students are given the proper skill 
training and technical preparations in order for them to become effective health 
providers. 
Towards this end, the TESDA, in coordination with the Commission on 
Higher Education (CHED), shall formulate the necessary rules and regulations to 
determine the appropriate professional qualifications of caregiving training instructors 
and teachers in order to ensure the provision of quality education in the caregiving 
profession. 
SEC. 6. 
Language Proficiency Training and Tests. - The TESDA shall 
be the lead implementing agency in providing the necessary guidelines to ensure that 
students of caregiving course are provided the necessary language training curriculum 
to ensure the language proficiency of our caregiver graduates. 
Furthermore, the TESDA is hereby tasked to monitor and certify the operation of 
language training centers for caregivers bound for abroad to ensure that our caregivers 
are given the necessary orientation on the language, culture and norms of their country 
of destination. 
2 


, 
SEC. 7. 
National Examination 
and Certification 
of Professional 
Caregivers. - Within sixty (60) days from the date of effectivity of this Act, the TESDA 
shall formulate the necessary rules and regulations in the conduct of an annual National 
Caregiver Certificate Examination to ensure the technical competence and skills 
capabilities of our graduates in the caregiving profession. 
SEC. 8. 
Land Bank Credit Assistance Scheme. - Within ninety (90) days 
from the date of effectivity of this Act, the Department of Labor and Employment 
(DOLE), i.n coordination with the Land Bank of the Philippines (LBP) shall formulate the 
appropriate credit assistance schemes that will assist our professional caregivers 
seeking employment abroad in the payment of their placement fees. 
Said credit 
assistance schemes shall be deductible to the salary of the caregiver upon gainful 
employment abroad. 
SEC. 9. 
Marketing of our Graduates. -
Within sixty (60) days from the 
date of effectivity of this Act, the Department of Labor and Employment (DOLE) is 
hereby tasked to formulate a strategic marketing plan which highlight the marketing 
strategies and operational plan that will be adopted by our government so that our 
professional caregiver graduates will find placement and gainful employment in the 
global market for caregivers. 
SEC. 10. 
Monitoring the State of our Professional Caregivers. - The 
Department of Labor and Employment (DOLE), in coordination with TESDA and POEA, 
is hereby tasked to conduct a comprehensive study on the state of our professional 
caregivers, particularly those caregivers who participated in the live-in caregiving 
program from other countries, taking into consideration the quality of their working 
conditions and employment status. 
The comprehensive study on the state of the 
caregiving supply and demand in the country, shall include the following variables: 
(1) 
The trends in the enrollment of students in our accredited caregiving 
training centers; 
(2) 
The socio-economic and demographic characteristics of students taking 
up caregiving courses; 
(3) 
The total number of recent graduates in the caregiving course and the 
, need for caregivers based on medium-term and long-term projections; 
(4) 
The extent to which graduates of our caregiving training centers are 
satisfied with their educational and training preparations; 
(5) 
A market demand analysis on the general skills required by host countries 
for our caregiver professional; and 
(6) 
The status of the working conditions, salaries and benefit schemes and 
3 


• 
renumerations of our professional caregivers who have been employed 
abroad through the various live-in caregiving programs. 
Within two (2) years from the date of effectivity of this Act, the Department of 
Labor and Employment (DOLE) shall make a report to both Houses of Congress on the 
results of the study conducted by the Department for policy implication, in aid of 
legislation, in order to promote the welfare and well-being of our professional 
caregivers. 
SEC. 11. 
Implementing Rules and Regulations (IRR). - Within six (6) 
months from the date of effectivity of this Act, the TESDA shall promulgate necessary 
implementing rules and regulations to implement the provisions of this Act. 
SEC. 12. 
Repealing Clause. - All Laws, decrees, executive orders, rules and 
regulations or parts thereof not consistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 13. 
Separability Clause. - If any provision or part of this Act, or the 
application thereof to any person or Circumstance, is held unconstitutional or invalid, the 
remainder at this Act shall not be affected thereby. 
SEC. 14. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
from the date of its complete publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved, 
4