Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18TH) CONGRESS
First Regular Session

House Bill No, 3474

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT EXEMPTING ANY GOOD SAMARITAN ACTING IN GOOD FAITH TO ASSIST
ANOTHERWHO IS IN DANGER, WOUNDED, OR REQUIRES IMMEDIATE MEDICAL
ASSISTANCE, FROM ANY SUBSEQUENT LIABILITY DUE TO INJURY, LOSS OF LIFE, OR
DAMAGE TO PROPERTY AS A RESULT OF PROVIDING ASSISTANCE TO SUCH PERSON

EXPLANATORY NOTE

No less than the 1987 Constitution provides that “The State values the dignity of every human
person...” (Sec. 11, Art. II)

It further provides that “The Congress shall give highest priority to the enactment of measures
that protect and enhance the right of all the people to human dignity, reduce social, economic
and political inequalities, and remove cultural inequalities by equitably diffusing wealth and
Political power for the common good. (Sec. 1, Art.Xill)

The New Civil Code provides that “When through an accident or other cause a person is injured
‘or becomes seriously ill, and he is treated or helped while he is not in a condition to give
consent to a contract, he shall be liable to pay for the services of the physician or other person
aiding him, unless the service has been rendered out of pure generosity. (Article 2167)

It further provides that “When during a fire, flood, storm, or other calamity, property is saved
from destruction by another person without the knowledge of the owner, the latter is bound to
pay the former just compensation.” (Article 2168)

The Revised Penal Code, imposes the penalty of arresto mayor to any person who abandons
another person in dire need. It states “Any one who shall fail to render assistance to any person
whom he shall find in an uninhabited place wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless such omission shall constitute a more
serious offense." (Article 275 par. 1)

All of these legal provisions point to a policy that seeks to protect the lives and property of
others, especially where the assistance was due to the actions of a person who was under no
obligation to act. Clearly, there is an underlying policy protecting, even compensating, good
Samaritans.

‘The parable of the Good Samaritan is a biblical story of a Jewish traveler who had been robbed,
beaten, stripped of clothing, and left bloodied along the side of the road. A priest had first
chanced upon the traveler, yet offered no assistance. A Levite had next passed, and likewise
ignored the man in need. Finally, a Samaritan finds the injured traveler, provides assistance,
clothing, brought the man to an inn, and even paid the costs. All during a time when Jews and


Samaritans had a genuine and deep-rooted hatred of each other. It is arguably the prime
‘example of human empathy.

Unfortunately, empathy for others is no longer as widespread. A common sightduring an
accident is that people flock towards the sight to see what has occurred. In some of our
neighbors, the common mentality is to simply ignore the incident, for fear that if you provide
assistance, the “Good Samaritan” ends up being sued by the rescued party.

‘One such instance in 2006, Peng You, a young student in China, chanced upon an elderly lady
who had fallen off a bus and fractured her leg. Mr. Peng assisted the lady, brought her to
hospital, and gave some money towards the expenses. The elderly lady sued Mr. Peng,
accusing him of causing her fall. The court awarded damages to the elderly lady, upon the
reason that “no one would in good conscience help someone unless they felt guilty”

In 2011, an incident was caught on camera involving two year-old Xiao Yueyue who was run
over by two vehicles in the middle of a busy market road. The video showed 18 passers-by
seeing and ignoring the injured child, who died later in the hospital.

In 2004 in the United States, Ms. Lisa Torti rescued her friend Alexandra Van Horn, by pulling
her out of the wreckage of a car accident. The incident caused Ms. Van Horn to become a
paraplegic, and later sued Ms. Torti for aggravating the injuries through the manner Ms. Torti
pulled Ms. Van Horn out of the crashed vehicle. A divided Supreme Court of California ruled in
favor of the victim Ms. Van Horn.

In Canada in 2014, a person witnessing a car crash rushed out to help. The person driving the
crashed car stole the Good Samaritan’s vehicle instead.

In 2010 in New York, Hugo Alfredo Tale-Yax tried to help a woman being threatened by a
person wielding a knife, and ended up stabbed. More than 25 people passed by him as he bled
out for over 80 minutes. He died prior to the arrival of the paramedics.

These are only a few of the reported cases where seemingly Good Samaritans become the
victims. The chilling effect is the widespread mentality that people now have, to simply not help
others in need. This is not a mentality we Filipinos are known for.

We, the representatives of the people, are responsible to ensure that the rights of our
constituents are protected. We must maintain the common sense of empathy and care toward
our fellow human beings.

Itis for these purposes, that this bill seeks to exempt any good Samaritan acting in good faith to
assist another who is in danger, is wounded, or requires immediate medical assistance, from
any subsequent liability due to injury, loss of life, or damage to property as a result of providing
assistance to such person

It is my eamest hope that my colleagues in the House of Representatives and the Senate see
the virtue of this proposal, and approval of this bill is highly and earnestly recommended.

BERI TTE HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18TH) CONGRESS
First Regular Session

House Bill No. 3474

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT EXEMPTING ANY GOOD SAMARITAN ACTING IN GOOD FAITH TO ASSIST
ANOTHER WHO IS IN DANGER, WOUNDED, OR REQUIRES IMMEDIATE MEDICAL
ASSISTANCE, FROM ANY SUBSEQUENT LIABILITY DUE TO UNINTENDED INJURY,
LOSS OF LIFE, OR DAMAGE TO PROPERTY AS A RESULT OF PROVIDING ASSISTANCE
TO SUCH PERSON

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

SECTION 1 Short Title. This Act shall be known as the “Good Samaritan Act of 2019”
‘SECTION 2. Declaration of Policy.

Section 11, Article I of the 1987 Constitution provides that “The State values the dignity of every
human person and guarantees full respect for human rights.

Section 1, Article XIII of the same Constitution mandates Congress to “... give highest priority to
the enactment of measures that protect and enhance the right of all the people to human
dignity, reduce social, economic and political inequalities, and remove cultural inequalities by
equitably diffusing wealth and political power for the common good.

It is hereby declared as the policy of the State to provide priority measures that can help ensure
that those who act in aid or assistance of others shall be protected from civil or criminal liability
as the result of their actions in rescuing or otherwise providing medical or nonmedical
assistance to those who are ill, injured, or otherwise unconscious and in dire need of
assistance.

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are hereby
defined:
a) “BFP” — refers to the Bureau of Fire Protection.
b) “Good Samaritan” - refers to any person who acts to rescue another or renders
emergency medical or nonmedical services or assistance to an ill, injured, or
unconscious person, at the scene of an accident or emergency that has caused the

illness, injury, or unconsciousness.

©) “PAF” - refers to the Phil



d) “PNP” — refers to the Philippine National Police.

e) “PCG” — refers to the Philippine Coast Guard.

SECTION 4. Exemption of Good Samanitans from liability.

A Good Samaritan who acts in good faith to any emergency where other persons are in danger,
without guilt, misconduct, or compensation, takes steps to provide help or assistance to any
Person who is in danger, is wounded, or otherwise requires immediate medical treatment, shall
not be held civilly or criminally liable for any injury, loss of life, or damage to property that may
occur due to the Good Samaritan's actions in providing assistance.

Provided, that in the event the victim to be rescued or assisted is conscious and above the age
of majority, that consent to be assisted or rescued be first obtained, verbally or through
gestures.

Provided further, that the exemption from liability does not apply if the person rescuing or
rendering assistance was the cause of the accident, incident, or emergency, is doing so with a
view or intent to gain, or has otherwise acted with willful or wanton negligence in the
performance of the act of rescuing or assisting another.

SECTION 5. Separability Clause. In the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the remainder of the
provisions of this Act shall not be affected thereby.

SECTION 6. Repealing Clause. All laws, presidential decrees, letters of instructions, executive
orders, administrative orders, rules, regulations, and other issuances or parts thereof which are
contrary to or inconsistent with the provisions of this Act are hereby revoked, repealed or
modified accordingly.

SECTION 7.Effectivity.This Act shall take effect fifteen (15) days following the completion of its
publication in any two (2) national newspapers of general circulation.

Approved,...