Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
INTRODUCED BY REP. HARRIS CHRISTOPHER M. ONGCHUAN 
       EXPLANATORY NOTE 
The State recognizes the need to protect individuals in the labor force. The State 
recognizes that there must not only be equal opportunity and access to employment, 
but along with it is the need to protect them from harm and danger. Moreover, there 
is a need to uphold their dignity and rights as workers.  
The film, television, and radio entertainment industry is one of the main 
sources of entertainment in the Philippines. Little is it known that a lot happens 
behind the scenes, aside from what the viewers see or hear from their television sets 
and cameras. The need to institute policies and reforms in the entertainment sector is 
already needed even before the COVID-19 pandemic. If anything, the COVID-19 has 
shown the importance of the rights of those working in this industry needing 
protection.  
The purpose of the measure is to institute policies that would require those 
working in the television, radio, and entertainment industry in the Philippines to have 
safety and health protocols whenever they are in their line of duty. More importantly, 
their rights, compensation, access to benefits and basic necessities, as well as the 
establishment of the Film, Television, and Radio Entertainment Industry Tripartite 
Council are outlined to ensure the safety, protection, and upholding of their rights.  
This bill was first filed in the 18th Congress by Rep. Ong and Rep. Delos Santos. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
HARRIS CHRISTOPHER M. ONGCHUAN 
August 30, 2022
8:02 am
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 Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by Representative 
HARRIS CHRISTOPHER M. ONGCHUAN 
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 House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. — This Act shall be known as the “Eddie Garcia Act”. 
SECTION 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. 
SECTION 3. Coverage. — This Act applies to all workers or independent contractors 
engaged in the film, television, and radio entertainment industry. 
SECTION 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.
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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.
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 a 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
to by reason of their work.
SECTION 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. 
SECTION 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 thereto signed 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. 
  


SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 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  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. 
SECTION 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”. 
SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 16. Settlement of Disputes. — All labor-related disputes shall be elevated 
to the DOLE regional office with jurisdiction over the workplace. 
SECTION 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. 
SECTION 18. Rights 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. 
SECTION 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.” 
SECTION 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. 
SECTION 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. 


SECTION 22. Separability Clause. — lf 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. 
SECTION 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. 
SECTION 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.