Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1643
HOUSE BILL. NO.

VE ALFRED VARGAS

INTRODUCED BY REPRESENT.

EXPLANATORY NOTE

It is the policy of the State to inculeate patriotism and nationalism, and encourage the
involvement of the people in public, social, and civic affairs that promote the welfare of the
nation. Volunteerism strengthens the natural Filipino trait of ‘Malasakir' and enables individuals
and communities to take an active role in nation-building. The spirit of volunteerism reflects the
ability of a people to put the interests of the community before their own, and the foresight and
maturity to appreciate the value of short-term sacrifice for long-term gain. The willingness to
work for a cause, and not just for compensation, brings out the best in the Filipino

Volunteerisin is a value that the State should recognize, promote, and develop among its
people However, the willingness of volunteers to offer volunteer services is deterred by the
potential legal Irability that may arise out of their endeavor Because of the legitimate fear of
Volunteers about frivolous, arbitrary, and capricious legal action against them, the protection of
tion and Limitation of liability, is, therefore, an important and
appropriate subject matter for legislation, This bill, thus, seeks to protect volunteers from liability
in the performance of volunteer services for a governmental entity, non-profit organization, or
the Philippine Red Cross as long as the volunteer acted within the scope of responsibilities; the
volunteer was properly licensed, certified, or authorized: and the harm was not caused by willful
or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of another

volunteers, through the clarif

Urgent approval of this bill is eamestly sought

per ALFRED PARGAS,
Fifth Distriet, Quezon City


Republic of the Philippin
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1643

HOUSE BILL NO.

ATIVE ALFRED VARGAS

INTRODUCED BY REPRES

AN ACT
TO ENCOURAGE VOLUNTEERISM BY PROTECTING VOLUNTEERS
FROM LIABILITY IN THE PERFORMANCE OF VOLUNTEER
SERVICES

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

Section 1 Short /itle - This Act shall be known as the "Volunteer Protection Act of
2019

Section, 2. Policy: - It is the policy of the State to encourage volunteerism by protecting
volunteers from liability in the performance of volunteer services for a governmental entity, non-
profit organization, or the Philippine Red Cross

Section. 3, Definitions. - For purposes of this Act

(1) Governmental entity shall refer to. any branch, office, or instrumentality of
government

(2) Non-profit organization shall refer to any organization, which is organized and
conducted for public benefit, operated primarily for charitable, religious, educational,
professional, cultural, fraternal, literary, scientific, social, welfare, civic service, or similar
purposes, and not for profit

(3) Philippine Red Cross” shall refer to the voluntary, independent, and autonomous non-
governmental society auxiliary to the authorities of the Republic of the Philippines in the
humanitarian field, to assist said authorities in discharging the obligations set forth in the Geneva
Conditions and the Statutes of the International Red Cross and Red Crescent Movement under
Republie Act No 10072


(4) Volunteer shall refer to an individual performing volunteer services who does not
receive compensation or any other thing of value in leu of compensation, other than reasonable
reimbursement of allowance for expenses actually incurred

(5) Volunteer Services” shall refer to s
entity, non-profit organization, or the Phi

ces rendered by a volunteer for a governmental
ppine Red Cross

Seetion 4. /iability Protection for Volunteers. - No volunteer shall be liable for harm
caused by an act or omission if,

(1) the volunteer was acting within the scope of the volunteer’s responsibilities in a
governmental entity. non-profit organization, or the Philippine Red Cross at the time of the act or
omission

(2) iF appropriate or required, the volunteer was properly licensed, certified, or authorized
by the appropriate authorities for the activities or practice in the volunteer services in which the
harm occurred. where the activities were or practice was undertaken within the scope of the
volunteer's responsibilities in the governmental entity, non-profit organization, or the Philippine
Red Cross at the time of the aet or omission, and

(3) the harm was not caused by willful or criminal misconduct, gross negligence,
reckless misconduct. or a conscious, flagrant indifference to the rights or safety of the individual
harmed by the volunteer

Section. 5. /:xceprions. - The liability protection for volunteers under this Act shall not
apply to misconduct that: (1) constitutes a crime; or (2) was performed under the influence of
intoxicating alcohol or any dangerous drug at the time of the misconduct

Seetion 6, Selection and Supervision of Volunteers. ~ A governmental entity, nonprofit
organization, or the Philippine Red Cross
supervision

Il exercise due diligence in the selection and
ncluding training, of volunteers to competently perform the volunteer services.

Section 7. Implementing Rules and Regulations. - The Philippine National Volunteer
Service Coordinating Ageney, in consultation with relevant governmental entities, nonprofit
organizations, and the Philippine Red Cross. shall promulgate rules
the provisions of this Act within ninety (90) days from its effectivity

ind regulations to implement

Section, 8. Repealing Clause. - All laws, decrees, orders, rules and regulations, or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly


Section 9. Separability Clause. ~ If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.

Section 10. /:ffectivity. - This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved