NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SEI'SATE
S. No. 1 88R
of tl)f S.trrfcii'jp
23 FEB 15 P5 38 
\_
miCEIVJDBV;
Introduced by Senator MANUEL "LITO" M. LAPID
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
EXPLANATORY NOTE
In an article titled Workers in the Arts and Entertainment Sector published by 
the Social Protection-Human Rights Organization, it discussed that workers in the arts 
and entertainment sector often lack effective access to social protection.
In the context of the Philippines, the lack of or shortage of coverage of the social 
protection programs in the entertainment industry is due to the weakness and failure 
of the government to identify and accept the unique characteristics of entertainment 
work. These include self-employment, temporary or open-ended, part-time or full-time 
work arrangements with one or more employers, or a mix of these. Furthermore, 
entertainment work is sometimes characterized by unpredictable revenues and a 
reliance on consumer or audience demand as well as the season, resulting in an 
irregular nature of work that is frequently linked with regional, and occasionally 
worldwide, mobility. The COVID-19 epidemic has taken a heavy toll on entertainment 
workers, revealing and exacerbating pre-existing inequalities and differences.


DahU kinikilala natin ang ambag ng mga manggagawa sa pelikula, telebisyon, 
radyo at ng kabuuan ng entertainment inoustry sa ekonomiya, kuktura, kama/ayan at 
pambansang kaunlaran, ngayon, higit kaiianman, na dapat ipakita ng pamahalaan ang 
kanyang pagpapahalaga sa kanHa sa pamamagitan ng pagkakaroon ng 
komprehensibong pagsusuri sa kalagayan ng mga nabanggit na industriya gayundin 
ang pagsisiguro na ang mga manggagawa diio ay may oportunidad, nakabubuhay na 
sahod, proteksyon laban sa pang aabuso, pananamantala at panganib sa lugar kung 
saan sHa naghahanap buhay at siguraduhing ang kanilang mga karapatan ay 
iginagalang.
This measure mandates the government to provide social protection systems for 
the workers in the entertainment industry. It defines the obligations of companies in 
the film, television, and radio entertainment industry and require them to prioritize 
workplace safety and health practices in order to prevent personal injuries, disease, 
and even death from occurring on the job. It also mandates the companies to provide 
a safe working environment for all of its employees and ensure that its workers have 
their insurance and compensation for work-related accidents, sickness, and death.
As a tribute to the actor who is considered as one of the pillars of the Philippine 
movie and television industry, this bill is called the "Eddie Garcia Law".
In view of the foregoing, early passage of this bill is earnestly sought.
LITO" M. LAPID
Senator


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SEf'lATE
s. No. 1889
of tliP fer (iTtai'p
23 FEB 15 P5 38
RECEIVED BY:
Introduced by Senator Manuel "Lito" M. Lapid
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AN ACT
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INSTITUTING POLICIES FOR THE PROTECTION AND PROMOTION OF THE
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WELFARE OF WORKERS OR INDEPENDENT CONTRACTORS IN THE FILM,
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TELEVISION, AND RADIO ENTERTAINMENT INDUSTRY
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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SECTION 1. Short Title. — This Act shall be known as the "Eddie Garcia Act".
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SECTION 2. Declaration of Policy. — The State recognizes the economic, social
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and cultural contributions to nation-building of workers or independent contractors in
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the film, television, and radio entertainment industry. Towards this end, the State
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should continually review working conditions to ensure that workers are provided
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opportunities for gainful employment and decent income, and are protected from
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abuse, harassment, hazardous working conditions, and economic exploitation.
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SECTION 3. Coverage. — This Act applies to all workers or independent
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contractors engaged in the film, television, and radio entertainment industry.
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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
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of sound and visual components primarily produced, distributed, and
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exhibited for commercial pui poses in film, television, and radio, including
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any related digital medium.
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c. Force majeure refers to an unforeseeable or unavoidable event that
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interrupts a film, television, or radio entertainment production and
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prevents workers or independent contractors from fulfilling their
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obligations relative to the production.
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d. Lock-in refers to a condition where a film, television, and radio
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entertainment production requires the workers or the independent
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contractors to stay within a set or location site for twenty-four (24) hours
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or more on a continuous basis.
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e. Out of town shoot refers to a set, location, or a distance to be
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determined by the Tripartite Council under Section 17 of this Act.
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f. Worker or independent contractor refers to any person engaged or hired
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by the employer or principal to render services involving the production,
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distribution, and exhibition of film, television, and radio entertainment
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content. A worker or independent contractor shall be governed by the
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provisions of the Civil Code on contracts and other applicable laws, but
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not lower than the standards provided under Presidential Decree Ito.
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442, or the Labor Code of the Philippines, as amended
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g. Workplace refers to any location under the direct or indirect control of
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the employer or principal where the film, television, and radio
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entertainment content is produced and where workers or independent
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contractors need to be present or to go to by reason of their work.
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SECTION 5. Agreement or Employment Contract — The worker or independent
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contractor and the employer or principal shall execute an agreement or an
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employment contract in a language or dialect understood by both parties before the
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commencement of service. The employer or principal shall provide the worker or
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independent contractor a copy of the duly signed contract which shall include the
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following:


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a. Job position and status;
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b. Job description;
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c. Period of employment;
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d. Details of compensation and other worker's or independent contractor's
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benefits including rate, method and schedule of payment;
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e. Authorized deductions, if any;
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f. Hours of work and proportionate additional payment or overtime pay;
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g. Board, lodging, and medical attention;
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h. Code of conduct;
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i. Worker's or independent contractor's grievance 
mechanism;
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j. Employer's or principal's policies; and
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k. Any other lawful condition agreed upon by both parties.
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No agreement or employment contract shall discriminate against a worker or
14 
independent contractor who has contracts or projects with other outfits, unless
15 
exclusivity is specified in the contract.
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SECTION 6. Hours of Work. — The hours of work of the worker or independent
17 
contractor shall be based on the terms and conditions set in the employment contract
18 
and other stipulations thereto signed with the employer or principal the contents of
19 
which shall be in accordance with the following:
20 
a. The normal work hours shall be eight (8) hours a day, which can be
21 
extended to a maximum of twelve (12) hours, served intermittently or
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continuously, exclusive of meal periods; permissible working hours in
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excess of the normal work hours shall be determined by the Tripartite
24 
Council, except for the following:
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1. Workers or independent contractors aged sixty (60) and above
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who shall be allowed, under exceptional circumstances as defined
27 
by the Tripartite Council, to work beyond twelve (12) hours in any
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twenty four (24)-hour period; Provided, that said workers or
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independent contractors voluntarily execute a waiver in the


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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 Childreii 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


1 
as rest days, special holidays, and regular holidays, unless a more shall
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likewise be paid a night shift premium of not less than ten percent (10%)
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of one's regular wage for each hour of work performed between 10:00
4 
p.m. and 6:00 a.m., unless a more favorable rate or fee is stipulated in
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the contract;
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d. Travel time to and from out-of-town projects shall be compensable.
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Likewise, travel time to and from out-of-town or base projects shall be
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considered compensable working time, especially if the worker or
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independent contractor has no choice but to travel as part of one's work
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and as required by one's employer or principal; Provided, that during the
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worker's or independent contractor's travel time, the worker or
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independent contractor cannot gainfully utilize the travel time for one's
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own personal purpose, need or benefit.
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When a worker or independent contractor travels with the equipment
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coming from the work station to the project site and vice-versa, travel
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time is compensable.
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e. The workers or independent contractors shall be entitled to travel
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surcharges or transport services to be provided by the employer or
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principal, whichever is applicable;
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f. The employer or principal shall provide a rest period of not less than
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twelve (12) hours between the end of work on one day and the
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beginning of work on the next day excluding travel time except for
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locked-in shoots where the rest period shall be determined by the
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Tripartite Council; and
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g. The employer or principal shall give notice to the worker or independent
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contractor of any engagement related to the contracted service not less
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than forty-eight (48) hours ahead of the schedule
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SECTION 7. Wages. — The minimum wage of a worker or independent
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contractor shall not be less than the applicable minimum wage in the region. Wages
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shall be paid on time, as agreed upon in the contract, directly to the worker or
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independent contractor. The employer or principal shall not make any deductions from


1 
the wages unless otherwise required or allowed by law. The employer or principal shall
2 
at all times provide the worker or independent contractor with a copy of the pay slip
3 
containing the amount paid, and indicating all deductions made, if any.
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SECTION 8. Social Security and Welfare Benefits. — The employee shall be
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covered by the Social Security System (SSS), the Home Development Mutual Fund or
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the Pag-IBIG Fund, and the Philippine Health Insurance Corporation (PhilHealth) upon
7 
employment.
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The payment of SSS, Pag-IBIG Fund, and PhilHealth monthly contributions shall
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be jointly shared by the employee and the employer, when applicable, in accordance
10 
with existing rules and regulations.
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The employee shall also be entitled to retirement benefits as provided under
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Republic Act No. 11199, otherwise known as the "Social Security Act of 2018", and
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other existing laws.
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Coverage with the insurance, retirement and other benefits provided by the
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SSS, Pag- IBIG Fund, and PhilHealth shall not preclude employers or principals from
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providing social welfare benefits to the worker or independent contractor as may be
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agreed upon in the Tripartite Council.
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SECTION 9. Basic Necessities. — The employer or principal shall provide for the
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basic necessities of the worker or independent contractor as follows:
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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;


1 
d. Private dressing rooms, whether on location or not, shall have adequate
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provisions for proper safekeeping of the workers' or independent
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contractors' valuables. There shall be separate dressing rooms for
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workers or independent contractors, child workers, and for each gender;
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e. Safe, clean, comfortable and properly ventilated holding areas with
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emergency exits shall be available for the workers or independent
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contractors during location activities;
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f. Free accommodation that is safe and adequate shall be provided if
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services are required to be rendered in an out-of-town location; and
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g. Dedicated vehicle for emergency purposes shall be readily available in
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the production set.
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SECTION 10. Standard of Treatment. — The employer or principal shall not
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subject or allow the worker or independent contractor to be subjected to any kind of
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abuse, physical violence or harassment or any act that degrades the dignity of the
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worker or independent contractor. The employer or principal shall set in place policies,
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rules and regulations to prevent sexual harassment in the workplace in conformity
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with the provisions of Republic Act No. 7877 or the "Anti-Sexual Harassment Act of
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1995', Republic Act No. 11313 or the "Safe Spaces Act', and Republic Act No. 11036
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or the "Mental Health Act". Such policies, rules and regulations shall include
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procedures for the resolution of any conflict involving sexual harassment.
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SECTION 11. Health and Safety. — The employer or principal shall strictly
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comply with the occupational safety and health standards provided in Republic Act
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No. 11058, entitled, "An Act Strengthening Compliance with Occupational Safety and
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Health Standards and Providing Penalties for Violations Thereof", and Section 25 of
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Republic Act No. 11036, entitled, "An Act Establishing a National Mental Health Policy
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for the Purpose of Enhancing the Delivery of Integrated Mental Health Services,
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Promoting and Protecting the Rights of Persons Utilizing Psychiatric, Neurologic and
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Psychosocial Health Services, Appropriating Funds Therefor, and for Other Purposes.
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In addition, the occupational safety and health (OSH) officer of the employer
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or principal shall conduct a risk assessment of the workplace or location of production


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to identify and eliminate or control any potential hazard to the film, television, and
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radio entertainment workers or independent contractors and shall use the appropriate
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safety manual for the industry.
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The DOLE shall initiate and oversee, in coordination with film, television, and
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radio entertainment workers' or independent contractors' organizations and groups,
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employers or principals, agencies, and field experts, the formulation, production, and
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distribution of the said manual.
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Notwithstanding, the provisions of the contract between the employer or
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principal and a contractor or subcontractor, if any, the provisions of relevant
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occupational safety and health legislation and regulations shall apply.
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The employer or principal shall regularly submit the required occupational
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safety and health reports, including timely notification of production location and
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schedule to the DOLE-regional office with jurisdiction over the area where the
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workplace is located.
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SECTION 12. Employment of Minors. — The employer or principal shall strictly
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adhere to the provisions of Republic Act No. 7610 or the "Special Protection of Children
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Against Child Abuse, Exploitation and Discrimination Act, and Republic Act No. 9231
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or the "Elimination of the Worst Forms of Child Labor and Affording Stronger Protection
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for the Working Child Act"
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SECTION 13. Insurance. — All workers or independent contractors shall be
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adequately insured by the employer or principal for work-related accidents or death
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in every film, television, and radio entertainment production.
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SECTION 14. Right to Seif-organization and Collective
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Bargaining. — Workers or independent contractors in the film, television, and radio
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entertainment industry shall have the right to form, join, or assist in the formation of
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a labor organization of their own choosing for purposes of collective bargaining, for
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mutual aid benefit, and to engage in concerted activities which are not contrary to
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law.


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SECTION 15. Prohibition on Cabo System. — Any person, group of persons, or
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labor group acting as a labor contractor or engaging in the "Cabo" system, or
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otherwise engaging in any activity prohibited by law, shall constitute grounds for
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cancellation of union organization's registration.
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SECTION 16. Settiement of Disputes. — All labor-related disputes shall be
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elevated to the DOLE regional office with jurisdiction over the workplace.
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SECTION 17. Fiim, Teievision, and Radio Entertainment
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Industry Tripartite 
Councii. — The DOLE shall initiate the creation of the Film,
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Television, and Radio Entertainment Industry Tripartite Council that shall serve as a
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link among various stakeholders such as employers or principals, workers or
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independent contractors, cinematographers, artists, directors, assistant directors,
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composers and writers, production designers, animators, talent managers,
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videographers, photographers, digital radio technology experts, television and radio
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entertainment, radio 
drama casts, digital creators, make-up artists, professional
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speakers, stunt persons, camera men, background performers, and non-government
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organizations concerned with labor issues. It shall also provide the film, television, and
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radio entrainment industry with a platform for the employers or principals and workers
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or independent contractors to represent their respective groups in the crafting of policy
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decisions that will affect them and the industry as a whole, and serve as an avenue to
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express their aspirations, present their programs or bridge gaps in cases of conflict
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among them, subject to the accreditation of the DOLE.
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SECTION 18. Rights to Remuneration. — The rights of a performer over
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intellectual property, consisting of the performer's performance on all film, radio or
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television production, shall at all times be protected and secured under this Act,
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pursuant to the provisions of Republic Act 8293 or the Intellectual Property Code, as
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amended. Contracts or engagement agreements may stipulate that the performer
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transfers exclusive intellectual property rights in favor of the employer or principal:
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Provided, that a performer shall enjoy the inalienable right to participate in the gross
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proceeds of any subsequent use or broadcasting of such performance or intellectual
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property to the extent of five percent (5%) as additional remuneration.


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SECTION 19. Information and Education Campaign. — The Intellectual Property
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Office of the Philippines, DOLE, and the Philippine Information Agency, and other
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pertinent national government agencies shall implement and initiate the information
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and education campaign on the protection of the intellectual property rights of workers
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or independent contractors in the film, television, and radio entertainment industry,
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as enshrined in Republic Act No. 8293 or the "Intellectual Property Code of the
7 
Philippines.
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SECTION 20. Effect on Existing Company Policies and Contracts or Collective
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Bargaining Agreements (CBAs). — The minimum benefits provided in this Act shall be
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without prejudice to any existing company policy, contract or BA providing better
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terms and conditions of employment.
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SECTION 21. Implementing Rules and Regulations. — Within ninety (90) days
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from the effectivity of this Act, the Secretary of the DOLE, in consultation with
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stakeholders, concerned government agencies, and non-government organizations
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shall promulgate the necessary rules and regulations for the effective implementation
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of this Act.
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SECTION 22. Separability Clause. — In the event that any part, section or
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provision of this Act shall be declared unconstitutional or invalid by a competent court,
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the remaining provisions thereby shall remain valid and in full force and effect as if
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the sections or provisions so annulled or voided had never been incorporated herein.
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SECTION 23. Repealing Clause. — All laws, decrees, executive orders,
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issuances, rules and regulations, or parts thereof not consistent with the provisions of
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this Act are hereby repealed or modified and/or superseded as case may be by this
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Act accordingly.
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SECTION 24. Effectivity. — This Act shall take effect fifteen (15) days after its
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complete publication in the Official Gazette or in at least two (2) newspapers of general
27 
circulation, whichever comes earlier.
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Approved,
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