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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL No, 998

Introduced by Honorable Erlinda M. Santiago

EXPLANATORY NOTE

This bill seeks to strengthen the existing pro-poor programs of the
government to reduce the number of extremely poor Filipinos through the
creation of a “Magna Carta of the Poor.”

It is the declared policy of the State to uplift the standard of living and
quality of life of the poor and provide them with sustained opportunities for
growth and development. Every poor Filipino family must be empowered to
meet their minimum basic needs, through the partnership of the government
and basic sectors.

The issue of poverty has now become a critical question of survival in
the country. Given the present situation, government intervention is the only
realistic route to take in order to uplift the plight of the poor while long term
measures, strategies and solutions for poverty reduction are being put in
place. The government must invest heavily in anti-poverty programs for the
economic empowerment of the poor.

This proposed bill aims to give the poor preferential access to
employment opening in private enterprises as well as in government
programs and projects; give them food or food assistance or subsidy for their
survival; provide them access to quality education at the college levels;
provide decent housing facilities, and provide a system of free delivery of
health services and medicines.

In order to help attain the objectives of this proposed measure,
officials or employees of the government who negligently permit the
violation of any provision of this measure and hinder the proper
implementation of the programs of the government for this purpose shall be
penalized.


It is worthy to note that only when the poor are economically
empowered will they be able to participate in the democratic process of
setting national goals that affect their daily lives.

In view of the foregoing, approval of this bill is highly and eamestly
recommended.

exw M. SANTIAGO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILLNO,__298

Introduced by Honorable Erlinda M. Santiago
AN ACT
PROVIDING FOR A MAGNA CARTA OF THE POOR

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 “Magna
Carta Of The Poor.”

SEC. 2. Declaration of Policy. — It is the policy of the State to uplift
the standard of living and quality of life of the poor and provide them with
sustained opportunities for growth and development. Poverty alleviation is a
government responsibility that primarily requires the creation and expansion
of employment opportunities geared towards providing decent and
productive employment to the poor.

To attain the foregoing policy:

a) Government shall invest in anti-poverty programs to empower
the poor to participate in the country’s growth and development;

b) All government departments, agencies and instrumentalities
shall provide full access to government services for the poor at all levels;

and


c) Government interventions shall address the genuine concerns of
the poor for daily survival while long term strategies and solutions for the
economic empowerment of the poor are being put in place.

SEC. 3. Basic Rights of the Poor. — The poor shall have the
following rights the enjoyment of which is an essential requirement towards
poverty alleviation:

a) Right to employment;

b) Right to food;

c) Right to free quality education;

d) Right to shelter; and

e) Right to free health services and medicine.

For purposes of this Act, “poor” refers to a person whose income or
combined household income falls within the poverty threshold as defined by
the National Economic Development Authority (NEDA) and who is not an
owner of real property.

The government shall provide the requirements, conditions and
opportunities for the full enjoyment of these rights of the poor as a matter of
duty and obligation, and which the poor can demand as a matter of right.

SEC. 4. Right to Food and Food Assistance. — The Department of
Social Welfare and Development (DSWD) shall develop a program of free
food to the poor or a system of food assistance or subsidy to help the poor
meet their minimum food necessities.

The DSWD is hereby authorized to solicit donations, aids or grants, in

cash or in kind, from whatever source, to meet the demands of this basic


right of the poor. Any donor under this provision shall be entitled to full tax
deduction for the value of the donation.

To help ensure the implementation of the free food for the poor
program, all food items and food products, including rice, com, sugar and
other prime commodities, seized and forfeited with finality in favor of
government for violations of customs laws shall be automatically transferred
to or turned over to the DSWD for its disposition.

SEC. 5. Right to Employment. — The Department of Labor and
Employment (DOLE), in coordination with the labor or employment offices
of local government units, shall primarily be responsible for ensuring that

the poor shall have preferential access to employment in private enterprises

and in government programs and projects. For this purpose and to focus on
the specific issue of creation of employment for the poor, the DOLE shall

establish an Office of Employment Opportunities (OEO) to carry out this

responsibility. The budgetary requirements of the OEO shall be included in
the annual budget of DOLE.

Government departments and agencies, including government-owned
and controlled corporations, are hereby authorized and mandated to earmark
funds from their budgetary outlays to immediately undertake viable projects
for employment purposes. The government shall likewise allocate more
funds from official development assistance for projects and activities that
will have greater impact on generation of employment for the poor.

It shall be mandatory for all government infrastructure projects and

government-funded contracts or government-assisted undertakings to utilize


workers who are poor in areas where the projects or contracts are to be
implemented.

SEC. 6. Right to Free Quality Education. — The right of the poor to
free elementary and secondary public education shall not be impaired. This
right shall include provisions for free school uniform and school
transportation.

The right to education shall include access to quality education at the
college level. The government goal of providing free college education,
scholarships, including the study-now-pay-later-plans for the poor, shall be
expanded in state universities and colleges and similar government
educational institutions.

It shall also include the right to free availment of vocational and
technical training and manpower skills development, for those who fail to
qualify for formal or higher education from appropriate government
agencies.

The Department of Education (DepEd), in coordination with
government agencies and government educational institutions, shall ensure
the full enjoyment of the poor’s right to education.

SEC. 7. Right to Shelter. — The right of the poor to decent housing
shall not be abridged. The Government shall develop and implement an
appropriate housing scheme that will provide decent housing to the poor
with the least financial burden through a system of subsidy or no-down
payment acquisition schemes and long term interest-free loans.

The Government shall, through the National Housing Authority

(NHA) and the local government units, immediately construct and provide


free housing facilities in pre-determined development or resettlement sites
for residents of identified hazardous or danger zones or areas where housing
needs for the poor are urgent and greatest.

In ensuring the exercise and enjoyment of this right of the poor, the
government shall put in place a system of simple requirement and
procedures and expeditious processing and approval.

SEC. 8. Right to Free Health Services and Medicines. — The
Department of Health (DOH), through its regional offices of national and
provincials or local hospitals, shall develop and implement a system of free
delivery of health services and medicine to the poor. The availment of this
right of the poor shall be limited to the locality where they permanently
reside.

Government medical and health insurance program under existing
laws shall increase, expand and liberalize their coverage so as to include free
basic health services and medicine to the poor.

SEC. 9. Other Rights of the Poor. — All other rights and benefits for
the poor provided under existing laws shall remain in full force and effect.
Nothing herein shall be construed in a manner that will diminish the
enjoyment of such rights by the poor who shall have the right to avail of the
greater rights or benefits offered by existing laws, including those granted
under this Act.

SEC. 10. Funding Requirements. — To carry out the provisions of
this Act, the following amounts are appropriated as follows:

a) The sum of Fifty Million Pesos (P50,000,000.00) as initial

operating fund is hereby appropriated out of any available funds in the


National Treasury. The amount necessary in subsequent years to help
implement this Act shall be included in the annual appropriation of the
National Economic and Development Authority (NEDA);

b) Twenty percent (20%) of the share of the national government
in the earnings of the Philippine Amusement and Gaming Corporation
(PAGCOR);

c) Twenty percent (20%) of the share of the national government
in all lotteries conducted by the Philippine Charity Sweepstakes Office
(PCSO);

d) Fifty percent (50%) of the share of the government in the
proceeds from sale or disposition of sequestered assets; and

e) Fifty percent (50%) of the proceeds from the sale or disposition
by public auction of goods or articles forfeited in favor of the government by
the Bureau of Customs (BOC).

The share from the PAGCOR, the PCSO, the sale of sequestered
assets and forfeited goods and article shall be directly remitted to NEDA on
a quarterly basis for its disposition in accordance with this Act.

SEC. 11. Progressive and Rational Allocation Funds. ~ The NEDA,
shall be principally responsible for the progressive and rational allocation of

available funding requirements as may be needed by the different

government departments and agencies in the progressive reali
rights of the poor.

SEC. 12. Penalty. — Any public official or employee who negligently
permits the violation of any provision of this Act shall be punished with a

fine not exceeding the equivalent of six (6) months salary or suspension not


exceeding one (1) year or removal from office depending on the gravity of
the offense, after due notice and hearing, without prejudice to the filing of
appropriate criminal case if warranted under the circumstances.

SEC. 13. Implementing Rules and Regulations. — Within three (3)
months from the effectivity of this Act, the Secretary General of NEDA
shall, in coordination with DOLE and DSWD, promulgate rules and
regulations to carry out the provisions of this Act. The rules shall set
priority target areas for the initial implementation of this Act with the end in
view of ensuring the successful replication of the program nationwide.

SEC. 14. Compliance Report. — The NEDA shall, in coordination
with DOLE and DSWD, submit a quarterly report to Congress on the
compliance with the provisions of this Act.

SEC. 15. Separability Clause. — If 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.

SEC. 16. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which
are inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

SEC. 17. Effecti

— This Act shall take effect fifteen (15) days
after publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved,