Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FOURTEENTH CONGRESS
First Regular Session

House Bill No. 1139 5

INTRODUCED BY HON. MARCELINO R. TEODORO

EXPLANATORY NOTE
The proposed measure seeks to provide a magna carta for the poor.
This is important since the State has the responsibility to uplift the

standard of living and quality of life of the poor and provide them with sustained
opportunities for growth and development

Indeed, poverty alleviation is a government concern that primarily requires
the creation and expansion of employment opportunities geared towards
providing decent and productive employment to the poor and the protection of
their basic rights which are often neglected, if not abandoned.

This bill hopes to institutionalize recognition of the basic rights of the poor,
relating to education, health, employment, delivery of basic services, etc. in order
to set in place necessary government interventions to address the genuine
concerns of the poor — which are now concers for daily survival — while long
term strategies and solutions for the economic empowerment of the poor are
being put in place.

Based on statistics, at least 80% of inos live below poverty line. This is
lamentable and unless the government acts soon, there is no more hope for
these poor, unfortunate individuals, in the midst of this crippling economic
condition that seems to worsen each day.

Hence, this bill should immediately be enacted into law to finally give our
poor people what they truly need and deserve.

Ss Oe 7 aes
MARCELINO “MARCY” R. TEODORO

Representative, 1* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

House BitLno._ 1195

INTRODUCED BY: HONORABLE MARCELINO R. TEODORO

AN ACT
PROVIDING A MAGNA CARTA FOR THE POOR

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

SECTION 1. Title, - This Act shall be known as the “Magna Carta for the
Poor.”

SEC. 2. Declaration of Policy. — It is declared policy of the State to uplift
the standard of living and quality of life of the poor and provide them with
sustained opportunities for growth and development. It is likewise the policy that
the concept of poverty alleviation is a government responsibility that primarily
requires the creation and expansion of employment opportunities geared towards
providing decent and productive employment to the poor.

To attain the foregoing policy:

(1) Government must invest heavily in anti-poverty programs to empower
the poor to enable them participate in the country’s growth and development;

(2) All government departments, agencies and instrumentalities must
provide full access to government services at all levels for the poor; and

(3) Government interventions must be done not to address the genuine
concerns of the poor — which are now concerns for daily survival — while long
term strategies and solutions for the economic empowerment of the poor are
being put in place.

SEC. 3. Definition of Terms. —

(a) “Poor” shall refer to natural persons whose income or combined
household income falls within the poverty threshold as defined by the
National Economic Development Authority and who at the same time
are not owners of real property.

(b) “Hazardous or danger zones" ~ refers to areas which when occupied
for residential purposes actually poses a danger to the life and safety
of the concerned residents or of the general community.

(c) “Poor Organization” — refers to any recognized or accredited
association as the sole representative organization of the poor in the
community.

SEC. 4. Basic Rights of the Poor. ~ The poor shall have the following
the rights the enjoyment of which is an essential requirement towards poverty
alleviation: (1) The right to employment; (2) The right to food; (3) The right to free


quality education; (4) The right to shelter’ and (5) The right to free health services
and medicine.

The government shall provide the requirements, conditions and
opportunities for the full enjoyment of these rights of the poor as a matter of duty
and obligations, and which the poor can demand as a matter of right.

SEC. 5. The Right to Food and Food Assistance. — The Department of
Social Welfare and Development (DSWD) shall develop a program of free food to
the poor or a system of food assistance/subsidy to help the poor meet their
minimum food necessities.

The DSWD is hereby authorized to solicit donation, aids or grants, in cash
or in kind, from whatever source, to meet the demands of this basic right of the
poor. The donors under their provision shall be entitled to full deductibility of the
value of the donation for income tax purposes.

To help ensure the implementation of the free food for the poor program,
all food items and food products, including rice, corn, sugar and other prime
commodities, seized and forfeited with finality in favor of government for
violations of customs laws shall be automatically transferred to or turned over to
the DSWD for its dispositions.

SEC. 6. The Right to Employment. -The Department of Labor and
Employment (DOLE), in coordination with the labor or employment offices of
local government units, shall primarily be responsible for ensuring that the poor
shall have preferential access to employment openings in private enterprises and
in government programs and projects. For this purpose and to focus on the
specific issue of creation of employment for the poor, the DOLE shall establish
an Office of Employment Opportunities (OEO) within the department carry out
this responsibility. The budgetary requirements of the OEO shall be included in
the annual budget of this department.

Government departments and agencies, including government-owned and
controlled corporations, are hereby authorized and mandated to earmark funds
from their budgetary outlays to immediately undertake viable projects for
employment purposes. The government shall likewise allocated more funds from
Official development assistance for projects and activities that will have greater
impact on generation of employment for the poor,

It shall be mandatory for all government infrastructure projects and/or
government-funded contracts or government-assisted undertakings to utilize
laborers from poor organizations as may be necessary in areas where the
projects or contracts are to be implemented.

SEC. 7. The Right to Free Quality Education. - The right of the poor to
free elementary and secondary public education shall not be impaired. This
right shalll include provisions for free school uniform and transportation.

The right to education shall include access to quality education at the
college level. Keyed to the government goal of providing fee college education to
the poor, college or graduate scholarships for the poor, including the study-now-
pay-later-plans, shall be expanded in State universities and colleges and local
government educational institutions keyed to the government goal of giving free
quality college education.


It shall also include the right to free availment of vocational and/or
technical training and manpower skills development, for those who fail to qualify
for formal or higher education, from appropriated government agencies.

The Department of Education in coordination with government agencies
and government éducational institution concerned, shall ensure the full
enjoyment of the poor’s right to education.

SEC. 8. The Right to Shelter. - The right of the poor to decent housing
shall not be abridged. The Government shall develop and implement an
appropriate housing scheme that will provide decent housing facilities to the poor
with the least financial burden though a system of subsidy or no-down payment
acquisition, schemes and long term, interests-free loans.

In identified hazardous or danger zones or in geographic areas and
population groups where housing needs for the poor are urgent and greatest the
Government, through the National Housing Authority and the local government
unit concerned shall immediately construct and provide free housing facilities ion
pre-determined development or resettlement sites.

In all cases, the Government, in ensuring the exercise and enjoyment of
this right of the poor, shall put in place in place a system of simple requirement
and procedures and expeditious processing and approval.

SEC. 9. The Right to Free Health Services and Medicine. The
Department of health, through its regional offices of national and provincials or
local hospitals, shall develop and implement a system of fee delivery of health
services and medicine to the poor. The availment of this right of the poor shall
be limited to the locality where they permanently reside.

Government medical and health insurance program under existing laws
shall increase, expand and liberalize their coverage so as to include free basic
health services and medicine to the poor.

SEC. 10. Other Rights of the Poor. — All other rights and benefits for the
poor provided under existing laws shall remain in full force and effect. Nothing
herein shall be construed in a manner that will diminish the enjoyment of such
rights by the poor who shall have the right to avail of the greater rights or benefits
offered by existing laws, including those granted under this Act.

SEC. 11. Funding requirements. — To carry out the provisions of this
Act, the following amounts are appropriated as follows:

(1) The sum of Fifty Million Pesos (P50,000,000) as initial operating
fund is hereby appropriated out any available funds in the
National Treasury. The amount necessary in subsequent years
to help implement this Act shall be included in the annual
appropriation of the NEDA.

(2) Twenty percent (20%) of the share of the national government
in the earnings of the PAGCOR.

(3) Twenty percent (20%) of the share of the national government
in all lotteries conducted by the Philippine Charity Sweepstakes
Office.

(4) Fifty percent (50%) of the share of the government in the

proceeds from sale or disposition of sequestered assets.


(5) Fifty percent (50%) of the proceeds from the sale or disposition
by public auction of goods or articles forfeited in favor of the
government by the Bureau of Customs.

The share from the PAGCOR, the PCSO, the sale of sequestered assets
and forfeited goods and article, as above-provided, shall be directly remitted to
the NEDA on a quarterly basis for its disposition in accordance with this Act.

SEC. 12. Rational Allocation Funds. — The National Economic and
Development Authority (NEDA) shall be principally responsible for the efficient
and rational allocation of available funding requirements as maybe needed by the
different government department and agencies in implementing the rights of the
poor.

SEC. 13. Implementing Rules. — The NEDA, in coordination with the
government departments and agencies concerned, shall promulgate rules and
regulations to carry out the provision of this Act within three (3) months from its
effectivity. The rules shall set priority target areas for the initial implementation of
this Act with the end in view of ensuring the successful relocation of the program
nationwide.

SEC. 14. .Compliance Report. - The NEDA, in coordination with all
government and agencies, shall, within, six (6) months thereafter, submit a report
to Congress on the compliance with the provisions of this Act.

SEC. 15. Separability Clause. If for any reason any section or provision
of this Act is declared unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 16. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations or parts thereof, inconsistent herewith are
hereby repealed.

SEC. 17. Effectivity Clause. This Act shall take effect immediately upon
its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,