REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bill No. _ 7674

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

It has been a normal practice in the food industry to be strict in the disposal of their excess
productions. In the fast food chain, the allowable shelf life of their food merchandise before the
same is thrown in the garbage bag, averages between ten (10) to fifteen (15) minutes. This is in
spite of the very fact that it can still last and be safe for human consumption in the following day.
Shelf life of food sold in the fast food only guarantees the peak level of its freshness while the
food is actually far from spoilage.

However, due to fear of causing undue injury or harm to others and consequently facing legal
actions due to food poisoning and other related health hazards, it has become a norm in the
industry to throwaway excess food products instead of giving it away even for their own
employees to take home. Considering that there are thousands of restaurants, fast food chains,
bakeries, markets, hotels and similar establishments all over the country who are constantly
disposing of their daily excesses, it can be accurately said that we are practically throwing away
tons of food enough to feed millions of people suffering from and dying of starvation.

According to a study made by the Social Weather Stations, self-rated poverty among Filipinos
rose to 46 percent during the last quarter of 2017, up by 2 percent on the same period in 2016.
‘Though the number of families that considered themselves poor declined during the last quarter
of 2017, 10 million families, with an average of five (5) members, still consider themselves poor.
This equates to around 50 million Filipinos miserably scrounging for food in order to survive.
Consequently, this state of starvation and undernourishment makes the populace unhealthy; thus,
the government needs all the support it can get to protect its citizenry from the devastating effect
of diseases caused by malnourishment.

‘The same is true with pharmaceutical products. Expiration date stamped on medicines is usually
over-stated and inaccurate. It has been claimed by most medical practitioners that the same still
has three (3) months grace period before the medical product can be considered ineffective, and
yet drug stores already dispose of these expired products even before the said grace period.
‘This proposed measure which will provide immunity from suit to donors of medicines, food and
other supplies will definitely encourage all the good Samaritans (both local and foreign) to
answer the government's call for support and assistance.

In view of the foregoing, the immediate passage of this measure is earnestly sought.
.
;ARWC. ALEJANO

Representative
Magdalo Para sa Pilipino Party-List


Secwer sanevne

I
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
4
35
36

REPUBLIC OF THE PHILIPPINES :
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. _'76'74

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO PROMOTE DONATIONS, IN GOOD FAITH, OF MEDICINES, FOOD PRODUCTS
OR SUPPLIES BY ESTABLISHMENTS AND OTHER ENTITIES, INCLUDING
INDIVIDUALS, BY EXEMPTING THEM FROM ANY FORM OF LIABILITY
ARISING THEREFROM

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

SECTION 1. Short Title. - This Act shall be known as the "Good Samaritan Act of
2018."

SEC. 2. Declaration of Policy. - It is the policy of the State to promote and protect the
interest and social well-being of every citizen of the Philippines by ensuring among others the
propagation of social justice among the underprivileged members of the society by making
available to them the basic necessities in life which are food and shelter.

SEC. 3. Definition of Terms. - For the purpose of this Act, the following shall mean:

1) Donor - shall refer to all restaurants, hotels, bakeries, fast food chains, markets,
caterers, cafeterias, pharmacies, manufacturers, distributors, similar
establishments and other entities (foreign or local) including individuals who are
willing to give for free, medicines, food products or supplies.

2) Donee - shall refer to the ultimate beneficiary of donated medicines, food
products or supplies.
Civic Groups - shall refer to any group or socio-civic organizations that solicit or
facilitate and assist in the reception and distribution of donated medicines, food
products or supplies.

4) Donated Food Products - shall refer to the medicines, food products or supplies
that are given voluntarily for free.

3

5

Shelf Life - shall primarily refer to the period of time between the preparation of
food or medicine to its expiration following the normal standards set forth by the
Bureau of Food and Drugs and other government authorities as complied with by
every food and medicine establishment and observed, as well, by non-commercial
entities including private individuals.

SEC. 4. Limitations on Medicine Donation. - Medicines must only be donated to any
national or local government unit, including Barangay Health Centers, or private group or socio-
civic organization and not directly to end beneficiaries: Provided, however, That the above
indirect recipient shall not give the same to the ultimate donee unless there is proper consultation
with and prescription from a licensed medical practitioner.


SEC. 5. Coverage. - All restaurants, hotels, bakeries, fast food chains, markets, caterers,
cafeterias, pharmacies, manufacturers, distributors, similar establishments and other entities,
foreign or local, including individuals who voluntarily donate medicines, food products or
supplies as provided in this Act.

SEC. 6. Exemption of Donor from Liability. - Any provision of law to the contrary
notwithstanding, any donor who shall donate medicines, food products or supplies in good faith
for the benefit of a certain individual or group of individuals shall be exempt from any civil or
criminal liability that may arise from injury/harm directly resulting from the intake of donated
food products and medicines: Provided, however, That any participating civic group, who
facilitates the reception and donation of food products and medicines in good faith and in
compliance with the provisions of this Act, for and in behalf of the ultimate donee, shall likewise
be exempted from any liability.

SEC. 7. Monitoring Agency. - The Department of Health shall create a monitoring
committee within the department to handle and monitor the proper implementation and
compliance of the provisions of this Act.

SEC. 8. Repealing Clause. - The provision of any law, which are inconsistent with the
provision of this act are hereby repealed, amended or modified accordingly.

SEC. 9. Separability Clause. - \f for any reason, any provision of this Act is declared
invalid or unconstitutional, the remainder of this Act shall not be affected.

SEC. 10. Effectivity. - This Act shall take effect immediately upon publication in the
Official Gazette or in any two (2) newspapers of general circulation.

Approved,