NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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Senate
of tl)P Btnvtnvp
•22 JUL ”7 P3:02
RECEIVED BY;
SENATE
S. B. no.132
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM 
FOR DISPLACED, MARGINALIZED, AND/OR VULNERABLE 
WORKERS, INSTITUTIONALIZING FOR THIS PURPOSE THE 
TULONG 
PANGHANAPBUHAY 
SA 
ATING
DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF 
THE DEPARTMENT OF LABOR AND EMPLOYMENT, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The year 2020 rolled out with disruptive events unfolding in succession, 
beginning with the Alert Level 4 in Iraq announced by the Department of Foreign 
Affairs (DFA) on January 8, 2020 due to heightening of tension between the United 
States and Iran in the Middle East. A few days after, on January 12, 2020, Taa! 
Volcano had a phreatic eruption affecting thousands cf families and causing millions- 
worth of damages. Before the month ended, on January 30, 2020, the first case of 
novel coronavirus disease (COVID-19) was confirmed in the country, resulting in the 
imposition of travel bans to and from China, Hongkong, and Macau, Taiwan, and to 
some areas in South Korea.
In all these events, what stands out is the fact that these events have widely 
affected the livelihood of Filipino workers and their families. More sc the vulnerable 
workers, such as the minimum wage earners, the working poor and the marginalized 
workers. As noted by the Asian Development Bank, the pandemic alone affected 1.7 
million jobs up to January 2021, and employment in the informal sector rose by about 
435,000 in the country during this period.1 With respect to the situation in the Middle 
East, some of our OFWs opted to take their chances in Iraq, rather than be repatriated 
because “they and their families will starve to death herein the country.” On the other 
hand, the Taal volcano phreatic eruption resulted in the stoppage of operations of
1 Asian Development Bank, Philippines’ COVID-19 Employment Challenge: Labor Market Programs to the Rescue, available at 
httpsJ/bloQS.adb.orQ/bloa/philiDPines-covid-19-emplovment-challenae-labor-market-Droarams-to-rescue (last accessed June 
24,2022).


factories in the area, and the evacuation of hundreds of affected workers in evacuation 
centers. The dismal situation of these affected workers was even exacerbated by the 
COVID-19 pandemic, which caused local manufacturing operations to slow down and 
the consequent adoption of temporary lay-offs, job rotations and forced leaves in 
various companies, who are mostly dependent on Chinese factories for electronics, 
wearables and automotive OEMs and other raw materials. Meanwhile, overseas 
Filipino workers in various parts of the globe were also not spared, with thousands of 
workers repatriated at the height of the pandemic, and thousands more would-be 
overseas workers stranded in the country due to border closures.
All these emphasized the need for a permanent and institutionalized social 
safety net for displaced, marginalized, and vulnerable workers and their families. 
Disasters, war, armed conflict, crises, epidemics/outbreaks, pandemic, public health 
emergencies, and economic shocks are triggers of hardship and displacement, not to 
mention income loss brought about by ill-health, disability, work-related accidents or 
injuries, unemployment, work displacements due to business closure, retrenchment, 
rightsizing, redundancy, technological advances, policy-related disruptions and other 
analogous causes. Assistance to get them back on their feet with dignity, other than 
relief goods and food at the evacuation centers, or bringing them home for free from 
overseas without addressing income insecurity, must be strengthened and enhanced.
It is in this light that this bill seeks to institutionalize the Department of Labor 
and Employment’s Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced 
Workers (TUPAD) or the emergency employment program as a social safety net 
program for the workers. The bill contains the following provisions:
1) Authorizes the DOLE to motu proprio implement employment projects in 
cases of massive displacements;
2) Clarifies the covered worker-beneficiaries, which includes both formal and 
informal workers affected by the triggers mentioned above;
3) Ensures the payment of 100% of the prevailing minimum wage rate for non- 
agricultural workers in the area of project implementation; and
4) Providing penalty for acts, such as getting commissions, job sharing, listing 
ghost beneficiaries, padding, among others.
Thus, the immediate passage of this bill is earnestly sought.
SENATOR JOy^ VILLANUEVA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S. B. NO. 132
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s>cuatr
itr of tl)e
•22 JUL-7 P3:03
RECEIVED BV:
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM 
FOR DISPLACED, MARGINALIZED, AND/OR VULNERABLE 
WORKERS, INSTITUTIONALIZING FOR THIS PURPOSE THE 
TULONG 
PANGHANAPBUHAY 
SA 
ATING
DISADVANTAGED/DISPLACED WORKERS (TUPAD) PROGRAM OF 
THE DEPARTMENT OF LABOR AND EMPLOYMENT, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
Article I
General Provisions
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SECTION 1. Short Title. - This Act shall be known as the “TUPAD Act.”
SEC. 2. Declaration of Policies. - The State shall promote a just and dynamic social 
order that will ensure the prosperity and independence of the nation and free the people 
from poverty through policies that provide adequate social services, promote full 
employment, a rising standard of living, and an improved quality of life for all.
The State shall improve the quality of life of all Filipino workers through active labor market 
policies, promotion of employment opportunities and employment facilitation, human 
resource development, and the provision to displaced, marginalized, and/or vulnerable 
workers a transitional or temporary social safety net from economic shocks brought about 
by disasters, public health emergencies, war, armed conflict, economic crises, and other


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related contingencies, and/or experiencing loss of livelihood or income due to disability, 
work-related accidents or injuries, unemployment, or work displacements.
SEC. 3. Coverage. - This Act shall cover all displaced, marginalized, and/or vulnerable 
workers affected by disasters, public health emergencies, war, armed conflict, economic 
crises, and other related contingencies, and/or experiencing loss of livelihood, or income 
loss due to ill-health, disability, work-related accidents or injuries, unemployment, or work 
displacements because of authorized causes of termination of employment, technological 
advances, policy-related disruptions, and other analogous causes.
SEC. 4. Definition of Terms. - As used in this Act:
a) 
Accredited Co-Partner or ACP refers to the program partner that has been 
accredited by the Department of Labor and Employment (DOLE) to implement 
TUPAD projects using government or public funds. The ACP may be a peoples’ or 
workers’ organization, legitimate labor organization, cooperative, business 
association, church-based organization, educational institution, including Technical 
Education and Skills Development Authority (TESDA)-accredited technical- 
vocational training institutions and State Universities and Colleges (SUCs), non­
government organization, private foundation, or a government agency or 
instrumentality, including National Government Agencies (NGAs), Local 
Government Units (LGUs) and Government-Owned and Controlled Corporations 
(GOCCs):
b) 
Beneficiary refers to individuals or group of individuals who are qualified recipients 
of assistance under the TUPAD Program;
c) 
Department or DOLE refers to the Department of Labor and Employment;
d) 
Displaced workers refer to persons involuntarily terminated due to authorized 
causes of termination as provided under the Labor Code of the Philippines, 
technological advances, policy-related disruptions, and other analogous causes. It 
also refers to Overseas Filipino Workers who have been involuntarily separated from 
their jobs overseas.
e) 
Marginalized workers refer to workers deprived of education, health, employment, 
and other opportunities by reasons of poverty, geographical inaccessibility, culture, 
and gender, among others, and to workers who are less likely to have formal work 
arrangements, and are more likely to lack decent working conditions, adequate 
social security, and whose employment is characterized by inadequate earnings, 
low productivity, and difficult conditions of work that undermine their fundamental 
rights;
f) 
Self-employed refers to persons who operate their own businesses or trades and do 
not employ paid workers in the conduct of their economic activities, including 
workers who work purely on commission basis and who may not have regular 
working hours;
g) 
Sub-professionals as used in this Act refer to individuals in the private sector 
involved in structured work in support of office operations or those engaged in arts, 
crafts, and manual or clerical work;
h) 
TESDA refers to the Technical Education and Skills Development Authority;
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i) 
TUPAD Program is a temporary wage employment assistance program for 
displaced, marginalized, and/or vulnerable workers, also known as the Tulong 
Panghanapbuhay sa Ating Disadvantaged/Displaced Workers Program, and herein 
interchangeably referred to as TUPAD or Program;
j) 
Underemployed workers refer to employed persons who express the desire to have 
additional hours of work in their present job, or an additional job, or to have a new 
job with longer working hours;
k) 
Vulnerable workers refer to workers, local and overseas, including minimum wage 
earners, working poor, and marginalized workers, who are confronted by ex-ante 
risk that if currently non-poor will fall below the poverty line, or if currently poor, will 
remain mired in poverty, or exposed to adverse shocks; and
l) 
Workers as used in this Act refer to workers in the formal and informal economy or 
self-employed, whether overseas or local.
Article II
Wage Employment Assistance Program 
for Displaced, Marginalized, and/or Vulnerable Workers or TUPAD Program
SEC. 5. Lead Agency and Convergence with Related Government Assistance 
Program. - The DOLE shall be the lead agency in the implementation of the TUPAD 
Program and shall be responsible in the administration, sourcing, assessment, and 
approval of all project proposals for funding from the appropriated funds for the 
implementation of the TUPAD Program.
The Department shall integrate and collaborate with other government agencies, LGUs, 
business and labor groups, and civil society groups in implementing similar or related 
programs and services for an efficient and effective whole-of-nation approach in the 
delivery of social safety nets.
SEC. 6. Eligible Projects for TUPAD; Counterpart Funding Requirement. - Eligible 
employment projects that may be included under the Program shall include, but not be 
limited to, social community projects, economic projects, field works such as conduct of 
survey and profiling in partnership with government offices, agro-forestry community 
projects that promote green jobs, and provision of assistance to LGUs in the delivery of 
essential services. The Department, in coordination with relevant government agencies, 
LGUs, ACPs, and other relevant stakeholders, shall formulate and implement projects 
under the TUPAD Program that complements or utilizes the skill set of all categories of 
workers classified under the Philippines Standard Occupational Classification.
The Department shall also set the duration of work for each project under the Program, 
with due regard to the nature of the work to be performed; Provided, That except as 
authorized by the Secretary of Labor and Employment in exceptional circumstances, the 
duration of each project under the TUPAD Program shall not be less than ten (10) days, 
nor exceed ninety (90) days.
Consistent with applicable government auditing rules and regulations, ACPs and LGUs 
shall provide a counterpart funding of 20% of the total cost of the project. The funding may 
be in the form of labor, land for the project site, facilities, and equipment, among others, 
to be used in the project. The LGUs and ACPs may also provide technical assistance.


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which could be in the form of identification of projects, profiling of beneficiaries, 
procurement, monitoring, and facilitating access of services from other agencies.
SEC. 7. Qualified Beneficiaries. - All displaced workers, marginalized, and/or vulnerable 
workers shall be qualified as beneficiaries under this Act; Provided, That the Secretary of 
Labor and Employment may, under appropriate circumstances, approve TUPAD projects 
that will include the underemployed and/or sub-professionals as beneficiaries under this 
Act.
The Secretary of DOLE shall set standards on the TUPAD beneficiaries, including the 
allowable number of beneficiaries per household, the number of projects under the 
Program a qualified beneficiary may participate in, and such other relevant matters for the 
effective implementation of this Act, with a view to helping the most number of 
beneficiaries.
SEC. 8. Modes of Implementation of the TUPAD Program. - The TUPAD Program 
shall be implemented by DOLE Regional Offices through any of the following modes:
a) 
With an Accredited Co-Partner (AGP). Under this mode, the ACP shall be the 
Department’s partner or conduit in the implementation of the program, provided they 
are registered with any registering body of the government and accredited by DOLE 
as an ACP; Provided, That Government agencies, LGUs, TESDA, and SUCs, shall 
automatically be TUPAD program partners, without need of accreditation; or
b) 
DOLE Direct Administration. Under this mode, the administration and 
implementation of the TUPAD Program shall be undertaken directly by the 
Department’s regional, provincial arrd/or field offices. In the event of massive 
displacement of workers resulting in serious disruption of means of livelihood, direct 
administration of wage employment projects shall be undertaken proactively by 
DOLE motu proprio, in collaboration with relevant government agencies and/or 
LGUs.
SEC. 9. Wages and Compensation of Beneficiaries. - The wages and compensation 
of the beneficiaries shall not be less than 100% of the highest prevailing minimum wage 
rate set by the Regional Wages and Productivity Board (RTWPB) in the region where the 
project will be implemented. The beneficiaries shall be enrolled in a group micro-insurance 
and shall be provided with the appropriate training, safety tools and proper equipment.
The Department shall use automated banking facilities, money remittance providers, and 
electronic/digital wallets as primary mode of wage disbursement for the beneficiaries of 
this Act. Under exceptional circumstances, such as TUPAD projects in geographically 
isolated and disadvantaged areas, or non-operation of wage disbursement mechanisms 
due to public emergencies, including war, armed conflict, epidemics/outbreaks or public 
health emergencies, the Secretary of Labor and Employment may authorize direct cash 
pay-out to TUPAD beneficiaries.
SEC. 10. Prohibited Practices. - The Department shall establish mechanisms to ensure 
compliance with the provisions of this Act. It shall provide a list of prohibited activities, 
such as, but not limited to, cuts for commission, job sharing, ghost beneficiaries, duplicate 
beneficiaries, and padding of beneficiaries.
Any violation of this provision shall result in the blacklisting of the ACP, including the 
reimbursement of the amount involved, with legal interest, without prejudice to the filing


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of criminal and other related cases. If the ACP is an LGU or SUC, the LGU or SUC shall 
immediately address such deficiency and/or error, without prejudice to applicable rules 
and regulations of the Commission on Audit (COA), and the filing of civil, criminal or 
administrative actions against erring officials and government employees. In case of direct 
administration, the responsible DOLE personnel shall be subjected to administrative 
investigation, without prejudice to the filing of appropriate civil, criminal or administrative 
case.
SEC.11. Authority to Receive and Administer Donations for TUFAD Program. - The
Department is hereby authorized under this Act to receive donations from government 
and non-government organizations and to administer the same strictly and exclusively for 
the beneficiaries of the TUPAD Program, subject to relevant accounting and auditing rules 
and regulations.
SEC. 12. Monitoring, Reporting and Evaluation of the TUPAD Program. - The
Department shall establish a standardized monitoring, evaluation and reporting system to 
properly document every approved project under the Program.
It shall also submit to Congress, and make available to the public, an annual 
accomplishment report and utilization of the funds earmarked for the implementation of 
the Program. The annual report shall include the pertinent details of every project under 
the Program, the mode of implementation, number of beneficiaries, donations from private 
and other organizations, expenditures, number of beneficiaries who acquired employment 
after their participation in the Program, and other pertinent information as may be 
necessary. An impact evaluation shall be conducted from time to time, but not later than 
every three years.
SEC. 13. Grievance Mechanisms. - The Department shall establish grievance 
mechanisms for the filing or reporting of complaints, grievances, or violations provided in 
this Act and other related laws arising from the implementation of the TUPAD Program. 
For this purpose, the Department shall ensure that all beneficiaries and stakeholders of 
the Program have access to these grievance mechanisms.
Article III
Miscellaneous Provisions
SEC. 14. Appropriations. - The funds for the initial implementation of this Act shall be 
sourced from the current budget of the Department for the implementation of the TUPAD 
Program. Thereafter, the amount necessary for its continued implementation shall be 
included in the annual General Appropriations Act; Provided, That such appropriation 
shall take into consideration an administration cost of not more than 5%, subject to 
periodic review and appropriate recommendation for increase, whenever necessary. For 
this purpose, the Department shall issue the appropriate guidelines on the utilization and 
management of the administration cost.
SEC. 15. Implementing Rules and Regulations. - Within ninety (90) days from the 
effectivity of this Act, the DOLE shall, in consultation with TESDA, DPWH, DENR, DILG, 
Union of Local Authorities of the Philippines, National Anti-Poverty Commission (NAPC), 
and other relevant government agencies and other stakeholders, issue the necessary 
rules and regulations for the effective implementation of this Act.


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SEC. 16. Separability Clause. -- Any portion or provision of this Act that is declared 
unconstitutional or invalid shall not have the effect of nullifying other portions or prnvisions 
hereof as long as such remaining portions can still subsist and be given effect in their 
entirety.
SEC. 17. Repealing Clause. - All laws, ordinances, rules, regulations, other issuances 
or parts thereof, which are inconsistent with this Act, are hereby repealed or modified 
accordingly. Nothing in this Act shall result in the diminution of the benefits and/or 
assistance given to overseas Filipinos and migrant workers as provided in other laws, 
ordinances, rules, regulations, and issuances.
SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in two (2) newspapers of general circulation.
Approved,