SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S 'NO 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
'1'1 '03 
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The country's economic growth has been impressive in recent years. During the I st Quarter of 
2013, our Gross Domestic Product grew by 7,8 percent, an improvement from 6.5 percent in the 
same period in 2012. This GDP growth is the highest under the Aquino Administration, making 
our country the fastest-growing economy among Asian countries during the first quarter of2013. 
The impressive economic growth, however, is just a component of inclusive growth, In order to 
be inclusive, growth must also be sustained; it must create jobs in massive numbers; and it must 
reduce poverty. The country's bullish economy has not yet translated to the improvement of 
poverty inci¢ence in the country. 
According to the report of the National Statistical Coordination Board, poverty incidence 
remains practically unchanged during the last six years, with 27.9 percent poverty incidence in 
the 1st Quarter of2012, 29.6 percent in 2009, and 28.8 percent in 2006,1 
This problem is aggravated by the increasing rate of unemployment Based on the survey 
conducted by the Social Weather Stations in May 2013, unemployed Filipinos increased by one 
million during the'lst Quarter of this year, placing the country's unemployment rate to 25.4 
percent, an increase from 24.6 percent in December 2012.2 
Given this situation, long term measures, strategies and solutions for poverty reduction should be 
put in place. While there may be existing laws touching on the need of the poor as part of an 
overall national strategy to alleviate poverty, this proposed legislation sets forth what is felt to be 
the basic irreducible rights of the poor as essential requirements towards poverty alleviation. 
These rights are: the right to employment, the right to food, the right to shelter, the right to free 
qnality education and the right to free healthcare and medicine, These are the "minimum 
standards of decency" which the poor can demand as a matter of right and which the government 
must accord as a matter of obligation. 
An earlier version of this Bill was passed by the 15th Congress. Unfortunately, the same was 
vetoed by the President due to certain objections purportedly because of some onerous 
provisions in the enrolled bilL It is my hope that, with better coordination by the Presidential 
Legislative Liaison Office (PLLO), a compromise could be 
'cd at and this bill could be 
finally enacted into law for the benefit of our poor countrym n. 
RILLANES IV 
Senator 
I Information retrieved from (bttp;l!opjniop,lnquirer net/5387317-8-Ql-grQwth-scrubs-Qllt-impact-QIl~PQyertx) on 6/27/2013. 
2 Information retrieved from (http·;/wwwphilstar com (business(2Q13/Q5/3Q/948124/neda-chJef"gdp-grQwtb-sti!!~abO!lt-}lQ.Qf) on 
6/27/2013, 
I 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
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S. NO. __ ':..'...;1_ 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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. Title. - This Act shall be known as the "Magna Carta of the Poor". 
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SEC. 2. Declaration of Policy.- It is the declared policy of the State to uplift the standard of 
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living and quality of life of the poor and provide them with sustained opportunities for growth 
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and development. Every poor Filipino family must be empowered to meet their minimum basic 
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needs, through the partnership of the govemment and the basic sectors. It is likewise vital that 
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the State complies with its intemational obligations to eradicated poverty, such as our 
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commitment to achieve the Millennium Development Goals which include the eradication of 
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extreme poverty and hunger, achievement of universal primary education, promotion of gender 
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equality and empowennent of women, reduction of child mortality, improvement of matemal 
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health, combating HIV! AIDS, malaria and other diseases, ensuring environmental sustainability 
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and develop,ment of a global partnership for development. 
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To attain the foregoing policy: 
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(a) Govemment must prioritize investments in anti-poverty programs to enable the poor 
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to participate responsibly in the country's growth and development; 
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(b) All govemment departments, agencies and instrumentalities must provide full access 
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to govemment services for the poor; 
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(c) Government interventions must be strengthened to address the genuine concerns of 
the poor, while long-tenn strategies and solutions for the empowennent of the poor 
are being put in place; and 
(d) The capabilities and competencies of the basic sectors, the non-government 
organizations (NGOs) and the people's organizations (POs), as partners of the 
government for the effective delivery and implementation of a wide range of anti-
poverty programs and basic services, shall be enhanced and promoted. 
SEC.3. Definition of terms. - As used in this Act, the following tenns are hereby defined: 
(a) Poor shall refer to individuals or families whose income fall below the poverty 
threshold as defined by the National Economic and Development Authority (NEDA) 
and/or cannot afford to provide their minimum basic needs of food, health, education, 
housing and other essential amenities in a sustained manner; 
(b) Basic sectors shall refer to the disadvantaged sectors of the Philippine society, 
namely: farmer-peasants, artisanal fisher folks, workers in the formal and informal 
~ectors, migrant workers, indigenous people and cultural communities, women, 
differently-abled persons, senior citizens, victims of calamities and disasters, the 
youth, students, children and the uban poor; 
(c) Hazardous or danger zones shall refer to areas which when occupied for residential 
purposes actually pose a danger to the life and safety of the occupants or of the 
general community; 
(d) People's Organization (PO) shall refer to any recognized or accredited self-help 
association or cooperative of the basic sectors or disadvantaged groups composed of 
members having a common bond of interest, who voluntarily join together to achieve 
a lawful common social and economic end; 
( e) Development partners shall refer to Non-Government Organizations (N GOs), 
People's Organizations (POs) and private corporations which are engaged in 
programs and activities aimed at alleviating the conditions of the poor. 
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SEC.4. Basic Rights for the Poor. - The poor shall have the following rights, the 
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enjoyment of which is an essential step towards poverty alleviation: (a) the right to food; (b) the 
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right to employment and livelihood; (c) the right to quality education; (d) the right to shelter; 
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and (e) the right to basic health services and medicines. 
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The government shall, as a matter of duty and obligation, provide the requirements, conditions 
and opportJnities for the full enjoyment of these rights of the poor, and which the poor can 
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demand as a matter of right. 
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4.1. The Right to Food.-
The Department of Social Welfare and Development (DSWD) shall 
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expand a program of subsidy to help the poor meet their minimum food requirements. To help 
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ensure the implementation of the food assistance program, all food items and food products, 
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including rice, corn, sugar and other prime commodities, seized and forfeited with finality in 
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favor of the govenmlent for violations of customs laws shall be automatically transfelTed to and/ 
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or turned over to the DSWD for proper disposition. 
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The DSWD, in coordination with the Department of Agriculture (DA), shall develop plans and 
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projects to complement existing food subsidy programs of the government so that the poor can 
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engage in productive activities. These shall promote food self-sufficiency among the poor. 
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4.2. The Right to Employment and Livelihood.- The Department of Labor and Employment 
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(DOLE), in coordination with the POs, National Anti-Poverty Commission (NAPC), Local 
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Government Units (LGUs), and relevant government agencies and government financial 
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institutions, shall primarily be responsible for providing facilitation assistance to the poor to 
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ensure better access to livelihood opportunities and employment openings in private enterprises 
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and in government programs and projects. The DOLE and other concerned government agencies 
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are likewis~ tasked to address the emergency employment needs of dispiaced families. 
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In the hiring of workers needed for the implementation of government infrastructure proj ects 
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and/or governmenHil11ded contracts or government-assisted nndertakings, it shall be mandatory 
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to prioritize qualified laborers from the poor sector who are residents of the LGUs where the 
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project is located, as provided in the implementing rules. 
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4.3. The Right 0 Quality Education. -
The right of the poor to free public elementary and 
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secondary education shall not be impaired. 
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The right to education shall include access to quality education at the college level. Consistent 
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with the government's goal of providing socialized college education, including the student loan 
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or study-now-pay-Iater plans, programs on education shall be expanded in state/local/private 
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universities and colleges, as well as higher education institutions: Provided, That the students 
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qualify and maintain good academic standing: Provided further, That the students enrol in 
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priority courses, as determined by the Commission on Higher Education (CHED). 
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It shall also include the right to avail of quality technical vocational education and training 
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through scholarships, subsidies and financial assistance, to ensure access to decent and 
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productive employment. 
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At least five percent (5%) discount shall be granted by establishments that sell reference books 
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for college and school supplies to poor but deserving students, subject to the guidelines to be 
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issued by CHED: Provided, That these establishments may claim the cost as allowable tax 
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deduction from the gross income in the computation of their income tax in accordance with the 
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provisions of the National Internal Revenue Code of 1997, as amended. 
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The Department of Education (DepEd), CHED and the Technical Education and Skills 
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Development Authority (TESDA), in cooperation with government agencies concerned, shall 
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ensure the full enjoyment of the poor of the right to education. 
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4.4. The Ri'ght to Shelter.- The right of the poor to decent housing shall not be abridged. The 
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government shall develop and implement a housing program for the poor which shall include a 
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well-targeted and responsive subsidy scheme that will provide decent housing with the least 
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financial burden. 
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In such cases, the government, in ensuring the exercise and enjoyment of the right of the poor, 
shall put in place a system consisting of simple requirements and procedures, and expeditious 
processing and approval. The government, through the Housing and Urban Developmetn 
Coordinating Council (HUDCC) and the National Housing Authority (NHA), in coordination 
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with the LOps, shall prioritize the implementation of the socialized housing and resettlement for 
the poor specially those residing in hazardous or danger zones. 
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The implementers of the socialized housing and resettlement programs shall enjoy the incentives 
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stated in Section 20 of Republic Act No. 7279, otherwise known as the "Urban Development and 
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Housing Act of 1992". 
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4.5. The Right to Basic Health Services and Medicines. - The LOUs shall ensure and promote 
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the health of their populace in a rational manner, including the availability of quality primary 
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healthcare services and access to secondary and tertiary heaIthcare services and public healthcare 
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programs. 
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The Department of Health (DOH) shall provide the highly specialized level of quality health care 
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in a rational manner as well as technical assistance to LOUs, pas and other members of civil 
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society in effectively implementing programs, projects and services that will promote the health 
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and well-being of every Filipino, especially poor. 
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The Philippine Health Insurance Corporation (PhilHeaIth), in coordination with the DOH, shall 
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ensure that every Filipino, especially the poor, is covered and entitled to an adequate package of 
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health services. The out-of-pocket expenses of every Filipino, especially the poor, shall be 
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substantiall)j reduced, with the end View of totally eliminating such expenses. The cunent 
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payment and enrolment mechanisms shall also be refo11'lled. 
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The DOH, LGUs and PhilHealth shall define an expanded health package that every citizen is 
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entitled to and can readily avail ot: Clear responsibilities must be defined and allocated between 
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the three partners, ensuring also that services provided are consistent with the epidemiological 
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profile and population needs. 
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4.6. Other Rights 0/ the Poor. - All other rights and benefits for the poor provided under existing 
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laws shall remain in full force and effect. Nothing herein shall be construed to diminish the 
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el1ioyment of such rights by the poor who shall have the right to avail of the greater rights or 
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benefits offered by existing laws, including those granted under this Act. 
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SEC. 5. System/or Targeting Beneficiaries. - The DSWD, in coordination with NAPC 
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and other relevant government agencies, LGUs, NGOs, and POs, shall come up with a single 
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system of classification to be used for targeting beneficiaries of the government's anti-poverty 
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programs and projects to ensure that such programs reach the intended beneficiaries. 
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SEC.6. Funding Requirements. - The funding for the pro-poor programs and projects 
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implemented under this Act shall be taken from the existing appropriations of the different 
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departments and agencies implementing pro-poor programs. In addition to these, funding shall be 
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taken form the following: 
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(a) Twenty percent (20%) of the share of the national government in the earnings of the 
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Philippine Amusement and Gaming Corporation (P AGCOR); 
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(b) Fifty percent (50%) of the share of the national government in all lotteries conducted 
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by the Philippine Charity Sweepstakes Office (PCSO); 
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(c) Fifty percent (50%) of the share of the government in the proceeds from sale or 
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disposition of sequestered assets; and 
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(d) Fifty percent (50%) of the proceeds from the sale or disposition by public auction of 
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goods or articles forfeited in favour of the government by the Bureau of Customs 
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(BOC). 
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Deficiencies in the existing appropriations of the pro-poor programs of the different department 
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and agencies shall be included in the General Appropriations Act of the year following the 
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enactment of this Act and thereafter. 
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SEC. 7. Rational Allocation of Funds. - The Department of Budget and Management 
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(DBM) shall be principally responsible for the efficient and rational allocation of available 
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funding requirements as may be needed by the different government departments and agencies in 
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implementing this act. 
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SEC. 8. Private Sector Participation. - The private sector is highly encouraged to be an 
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active partner for the empowerment of the basic sectors. 
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As such, the DSWD, DOLE, DepEd, DOH, NAPC, DA, CHED, TESDA, HUDCC, NHA are 
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hereby authorized to solicit donations, aids or grants, in cash or in kind, from whatever source, 
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and/or enter partnerships with private/public institutions to meet the demands of the basic rights 
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to food, employment and livelihood, quality education, shelter, basic health services and 
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medicine, and other rights. 
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SEC. 9. Tax Exemptions. - Any donation, contribution or grant which may be made to 
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the programs and projects entered into pursuant to this law shall be exempt from the donor's tax 
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and the same shall be considered as allowance deduction from the gross income in the 
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computation of the income tax of the donor in accordance with the provisions of the "National 
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Internal Revenue Code of 1997," as amended. 
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SEC. 10. Role of the Local Government Unit. - LGUs shall be responsible for the 
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formulation and implementation of local anti-poverty programs and projects in their jurisdictions 
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and ensure that these are consistent with, and complementary to, national programs and projects 
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set forth in t\'le basic rights ofthe poor as provided in Section 4 of this Act. 
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SEC. 11. Consultative Council. - A convergence of all anti-poor agencies of the 
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government, composed of the NAPC, DWSD, PCUP, LGUs, one representative each from the 
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Civil Society Organizations (CSOs) and People's Organizations (POs), shall be formed into a 
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Consultative Council to ensure the continuity and institutionalization of all the initiatives and 
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programs of the government for the poor. The council is tasked to strengthen the mechanism and 
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unifonnity of procedures in the implementation of the program. 
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SEC.12. Implementing Rules. - The NAPC, DSWD, LGUs in coordination with the 
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concerned government departments and agencies, shall promulgate rules and regulations to carry 
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out the provisions of this Act within three (3) months from its effectivity. The rules shall set 
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priority target areas for the initial implementation of this Act, with the end in view of ensuring 
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the successful replication of the program nationwide. 
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SEC. 13. Compliance Report. - The NAPC, in coordination with all government 
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departments and agencies concerned, shall within six (6) months thereafter, submit a report to 
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Joint Congressional Oversight Committee on the compliance with the provisions of this Act. 
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SEC. 14. Separability Clause. - If any provision of this Act is declared unconstitutional, 
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the other prrisions not affected thereby shall remain in full force and effect. 
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SEC. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts 
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thereof which are inconsistent with the provisions of this Act are hereby repealed or modified 
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accordingly. 
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SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
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two (2) national newspapers of general circulation. 
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Approved, 
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