REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3852
HOUSE BILL NO.

EXPLANATORY NOTE

This bill seeks to protect volunteers from liabilities arising from their acts
or omissions caused by reasonable assistance, or voluntary contribution of
time, service, or resources in emergency situations. This bill has already been
approved by the House of Representatives on its 3 and final reading in the
17% Congress. However, it has not yet ripened into a law. Hence, the filing of
this bill to protect volunteers from unnecessary liability, and to encourage
volunteerism in emergency situations.

Since time immemorial, Filipinos have always been proud of being
identified with the rare tradition of volunteerism. It is a value common to
Filipinos but peculiar to others. The passage of time however has gradually
diminished the spirit of volunteerism. One of the primordial causes of the
abdication of selflessness is the threat of criminal, civil, or administrative
liability attendant to rescue operations. In road accidents, people tend to just
drive past the victims for fear of being implicated or tagged by the police as the
culprit or offender. Some would just circle around the victims without
extending any help for the same reasons.

This bill will protect volunteer rescuers from liability save the instances
where it will not apply. More importantly, the passage of this legislative
measure will encourage and buoy up the spirit of volunteerism in every Filipino
free from threat of liability.


This bill will save lives. Hence, the earnest need for its immediate
approval.

ONE D. AGABAS
Representative
6" District, Pangasinan


Cary anuay

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 3852

Introduced by Representative TYRONE D. AGABAS

“AN ACT
ENCOURAGING VOLUNTEERISM DURING EMERGENGIES BY
PROTECTING VOLUNTEERS FROM LIABILITY”

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 “Emergency Volunteer
Protection Act”

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 volunteerism as a strategy in order to attain national development. The
inculeation of volunteerism as a way of life rekindles 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.

SEC. 3. Definitions of Terms. — As used in this Act:

(@) Volunteer refers to an individual or group who provides reasonable
assistance and contributes time, service and resources in an emergency

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14 situation and who does not receive compensation for rendering volunteer

15 service;

16 (b) Emergency refers to a situation requiring immediate attention and
v7 remedial action involving an unforeseen occurrence, sudden, and impending
18 threat or danger to life, health, or safety of a person;

19 © Volunteer Sectors refers to those sectors that organize themselves into
20 volunteers to take advocacy and action primarily for local and national
2 development as well as international cooperation and understanding; and

2 (@) Spontaneous Volunteer refers to an individual who may either be a
23 trained volunteer whose trainings may be from a volunteer service organization
24 (VSO) or volunteer or volunteer sector, or an untrained volunteer who
25 performs volunteering as necessitated by an emergency situation and without
26 the supervision or management of the VSO or the volunteer sector.

27 SEC. 4. Liability Protection for Volunteers. — No volunteer shall be liable for harm
28 caused by an act or omission if;

29 (a) The volunteer was acting in an emergency situation at the scene of an
30 accident;

31 (b) The volunteer is properly licensed, certified, or authorized by the
32 appropriate authorities, either government entities or non-government
33 organizations, for the activities undertaken in an emergency at the time of the
34 act or omission; and

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

38 SEC. 5. Exceptions. — The liability protection for volunteers under this Act shall
39 not apply to the following conditions;

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(a) If the misconduct constitutes a crime under the Revised Penal Code or an
offense in any special penal law;

(b) If the misconduct was performed by the volunteer under the influence of
intoxicating liquor or any dangerous drug at the time of the act or omission;

(©) If the volunteers are from business organizations that employ volunteers for
pecuniary purposes; and

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

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

SEC. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations, or
ions of this Act are

other issuances or parts thereof inconsistent with the pro
hereby repealed or modified accordingly.

SEC. 8. Effectively. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette op any newspaper of general circulation.

Approved,

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