Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 2036

Introduced by:HON.“KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT ENCOURAGING VOLUNTEERISM DURING EMERGENCIES BY
PROTECTING VOLUNTEERS FROM LIABILITY

EXPLANATORY NOTE

Volunteering is said to be an inherent part of thriving civil society, essential to the
development and prosperity of a Nation. International bodies, such as the United Nations
General Assembly, European Parliament or Parliamentary Assembly of Europe encourage
Governments to recognize the value of volunteering and promote volunteerism.

In our country, it is well known that “Bayanihan” is a core essence of the Filipino
Culture, The tradition of Filipino volunteering by helping out one’s neighbor as a communi
without expecting anything in return should be re-established and re-affirmed. One way of
showing Bayanihan in modern times is by rendering emergency aid to injured person on a
voluntary basis.

Therefore, in order to further encourage individuals from volunteering, this bill aims to
reduce reluctance of people in helping out during emergency situations from fear of inotng
liability for unintentional injury or wrongful death.

In view of the foregoing, the approval of this bill is earnestly sought.

“KUYA” JOSE ANFONIO R. SY-ALVARADOS~
Representative
“irst District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _2036

Introduced by: HON. “KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT ENCOURAGING VOLUNTEERISM DURING EMERGENCIES BY
PROTECTING VOLUNTEERS FROM LIABILITY

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

Short Title. This Act shall be known as the “Emergency Volunteer Protection

SECTION 2. Declaration of Policy. It shall be. the policy of the state to promote the

participation of Filipino citizens in public and civic affairs and strengthen the practice of
1 m as a strategy inorder to. attain national: development. The inculcation of
ism as a way of life rekindle in every Filipino the time-honored tradition of bayanihan
to foster social justice, solidarity and sustainable development. Towards this end, the state shall

encourage individuals to volunteer and provide reasonable assistance during emergencies by
protecting them from liability.

SECTION 3. Definitions of Terms. — As used in this Act.

(1) Volunteer refers to an individual or group who provides reasonable assistance and
contributes time, service and resources in’an emergency situation and who does not
receive compensation for rendering volunteer service;

(2) Emergency refers to a situation requiring immediate attention and remedial action
involving an unforeseen occurrence, sudden, and impending threat or danger to life,
health, or safety of a person.

(3) Volunteer Sectors refer to those sectors that organize themselves into volunteers to
take advocacy and action primarily for local and national development as well as
international cooperation and understanding; and

(4) Spontaneous ‘Volunteer refers'to individual who may either be a trained volunteer
whose trainings may be from a volunteer service organization (VSO) or volunteer sector


}

or an untrained volunteer who perform volunteering as necessitated by an emergency
situation and without the supervision or management of the VSO or the volunteer sector.

SECTION 4. Liability Protection for Volunteer. ~ No volunteer shall be liable for harm
caused by an act or omission if:

(1) the volunteer was acting in ‘an emergency situation at the scene of an accident;

(2) the yolunteer was properly licensed, certified, or authorized by the appropriate

authorities, either government entities or non-government organizations, for the activities

undertaken in an emergency at the time of the act of omission; and

(3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless
misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed
by the volunteer.

SECTION 5. Exceptions, ~ The liability protection for volunteers under this Act shall not apply
to the following conditions:

(1) If the misconduct constitutes a crime under the Revised Penal Code or an offense in
any special penal law}\\vt
(2) If the misconduct was performed by the volunteer under the influence of intoxicating
S)C 7 Miquor or any dangerous drug at the time actor omission;
kavscrlt iat ;
(3) If the yolunteers are from business organizations that employ volunteers for pecuniary
purpose; and!

(4) If volunteers’ receive! compensation’ for volunteering’ at a ‘non-profit organizatiot
‘However, the non- profit organization shall not'be liable if it exercised due diligence in
the selection and supervision of the’ volunteer.

SECTION 6. Separability Clause If any: portion or provision of this Act is declared
unconstitutional, the reminder of this Act or any provision not affected thereby shall remain in
force and effect

SECTION 7. Repealing Clause, ~ All laws, decrees, orders, rules and regulations, or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly

SECTION 8. Effectivity. ~’This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or jn any newspaper of general circulation

Approved. |! i
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