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Republic of the Philippines
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HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRE:
First Regular Session

House Bill No,_806

Introduced by Representative ANTONINO B. ROMAN IIL

EXPLANATORY NOTE

‘The 1987 Constitution underscores the importance of social justice, labor rights,
‘equitable resource distribution, and social welfare as core policy principles. These values
form the constitutional backbone of laws and programs designed to protect vulnerable
sectors, promote fairness, and guarantee access to essential services.

In the Philippines, government social service programs—such as the Tulong
Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD), Assistance to
Individuals in Crisis Situations (AICS), Ayuda sa Kapos ang Kita Program (AKAP), and
Medical Assistance for Indigent Patients (MAIP)—play a vital role in supporting
marginalized communities. These programs aim to provide direct, life-changing
assistance to Filipino families facing poverty, joblessness, and inadequate healthcare.

When implemented effectively, these initiatives uplift the lives of vulnerable
Filipinos by ensuring that aid reaches those who need it most. However, the unauthorized
taking or diversion of funds intended for beneficiaries directly undermines this goal. It
not only deprives rightful recipients of their support but also erodes public trust, fosters
corruption, and undermines the government's commitment to inclusive and sustainable
development.

To stop such abuse, stiffer penalties must be imposed on those who
misappropriate funds from these programs. Stronger sanctions will deter wrongdoing,
safeguard public resources, and uphold the integrity of social welfare initiatives.

By criminalizing and penalizing the unauthorized taking or diversion of aid, we
reinforce transparency, demand accountability, and protect the dignity and rights of
Filipino families. In doing so, we help build a more just, trustworthy, and compassionate
government—one that delivers on its promise of inclusive growth for all.

ANTONINO B. ROMAN IIL

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

605

House Bill

Introduced by Representative ANTONINO B. ROMAN IIL

AN ACT
PENALIZING THE UNAUTHORIZED TAKING OR
DIVERSION OF FUNDS FROM BENEFICIARIES OF GOVERNMENT
SOCIAL SERVICE PROGRAMS, IMPOSING STIFFER PENALTIES
THEREFOR, 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 “Kontra-Kickback sa Ayuda Act.”

SECTION 2. Declaration of Policy. - It is the policy of the State to protect the integrity of
government social welfare programs and ensure that intended beneficiaries receive the full
amount of assistance due to them. Any act by a person—particularly a government official—of
taking, withholding, or demanding a portion of such assistance undermines public trust and shall
be penalized with utmost severity. Likewise, it is state policy to promote social justice in all
phases of national development by promoting a just and dynamic social order that ensures ine
prosperity and independence of the nation and frees the people from poverty

SE

ION 3. Definition of Terms. - For purposes of this Act:

a) “Ayuda” refers to financial, material, or in-kind assistance provided by the
government or authorized agencies to individuals or families in need, particularly
during emergencies, disasters, or periods of difficulty. It is designed to support the
basic needs of vulnerable populations and promote social welfare through
government-funded initiatives such as, but not limited to, Tulong Panghanapbuhay
sa Ating Disadvantaged/Displaced Workers (TUPAD), Assistance to Individuals in

is Situations (AICS), Ayuda sa Kapos ang Kita Program (AKAP), Medical

Assistance for Indigent Patients (MAIP) and similar assistance programs;

b) “Beneficiaries” refer to individuals who are duly listed and qualified to receive aid

under said programs;


c) “Kickback” refers to any portion of aid or monetary assistance taken from a
beneficiary, either directly or indirectly, with or without their consent, whether
demanded before or after the release of aid;

4) “Official” refers to any government official or employee, or a person acting in
collusion with them, who influences or facilitates the inclusion of a beneficiary in
exchange for monetary or other gain;

e) “Social service programs” refer to publicly funded and administered initiatives
designed to provide support and assistance to individuals and families in need. These
programs are created and operated by local or national government agencies to
promote the general welfare, reduce poverty, and ensure access to basic human needs
such as food, shelter, healthcare, and education; and

f) “Law enforcement agencies” refer to government institutions responsible for
maintaining peace and order, enforcing laws, preventing and investigating crimes,
and ensuring public safety across the country.

SECTION 4. Prohibited Acts. - It shall be unlawful for any person to:

a) Take, demand, solicit, or receive any portion of the financial aid or assistance
intended for beneficiaries;

b) Conspire or collude with others to commit the same;

¢) Facilitate or cause the inclusion of a beneficiary in any social service program in
exchange for a commission, fee, or share in the proceeds; and

d) Act as an agent, collector, or intermediary who imposes or enforces unauthorized
deductions from government aid.

SECTION 5. Penalties. - Any person found guilty of committing any of the prohibited acts
shall suffer the following penalties:

a) For private individuals: Imprisonment of six (6) to twelve (12) years and a fine of
not less than double the amount unlawfully taken, but not less than P100,000.

If the private individual is a beneficiary of the social service program, he/she shall
be disqualified from the program.

b) For government officials or employees:

i, Imprisonment of six (6) to twelve (12) years and a fine of not less than double
the amount unlawfully taken, but not less than P100,000:

ii, Perpetual absolute disqualification from holding public office; and

iii. Forfeiture of all retirement benefits.


If the offender is a member of a syndicate, i¢., a group of three (3) or more persons
conspiring or confederating with one another, or if the offense involves three (3) or
more beneficiaries, the penalty shall be imposed in its maximum period.

SECTION 6. Administrative Penalty. - Apart from criminal liability, the acts herein punished
shall carry corresponding administrative sanctions that may be imposed by the disciplining
authority.

SECTION 7. Responsibility of Relevant Agencies, - The relevant agency, such as, but not
limited to, the Department of Social Welfare and Development (DSWD), Department of Healt:
(DOH), and Department of Labor and Employment (DOLE), shall implement rigorous
monitoring systems, including regular and random audits of funds allocated for social service
programs, and establish an online reporting system for complaints or reports related to fund
misuse.

SECTION 8. Whistleblower Protection. - Any beneficiary or individual who reports the
commission of any act prohibited under this Act shall be entitled to protection from retaliation,
including anonymity and security assistance where warranted. The same individual shall
likewise be entitled to the benefits of Republic Act No. 6981 or the “Witness Protection, Security
and Benefit Act.”

SECTION 9. Relation to Other Laws. - This Act shall be without prejudice to the filing of
cases under the Revised Penal Code, the Anti-Graft and Corrupt Practices Act (R.A. 3019), and
other applicable laws.

SECTION 10. Implementing Rules and Regulations. - Within one hundred twenty (120) days
from the effectivity of this Act, the DSWD, the DOH, the DOLE, and other agencies with socia
service programs shall, in coordination with the Department of Interior and Local Government
(DILG), Department of Justice (DOJ), Philippine National Police (PNP), National Bureau of
Investigation (NBI), and the Criminal Investigation and Detection Group (CDG), formulate and
issue the rules and regulations to fully implement the provisions of this Act: Provided, That the
absence of the implementing rules and regulations shall not affect the effectivity of this Act.

SECTION 11. Funding. - The amount necessary to carry out the implementation of this Act
shall be charged against the current year's appropriation for the DSWD, DOH, DOLE, and other
agencies with social service programs, and for national law enforcement agencies under the
DILG and DOJ, namely, the PNP, NBI, and CIDG.

SECTION 12. Separability Clause. - If any part or provision of this Act be held invalid or
unconstitutional, the other parts or provisions that are not affected shall remain in full force and
effect.

SECTION 13. Repealing Clause. - All laws, decrees, or rules inconsistent with this Act are
repealed or modified accordingly.

SECTION 14, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,