! Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS

First Regular Session

yf HOUSE BILE No, 5062 ih
Introduced by Representative “KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT PROVIDING FOR PROTECTION OF ARTISTS' WELFARE
EXPLANATORY NOTE

According to Art. XIV Sec.14 of the 1987 Constitution the State shall foster for
reservation, enrichment, and dynamic evolution of a Filipino National Culture based on the
principle of unity in diversity in a climate of free artistic intellectual expression.

,, Filipino artists dedicate their life in the pursuit of their respective art. They have
contributed their efforts and creative imaginations in enriching our Filipino culture, values and
heritage without expecting high monetary remuneration. Unfortunately, many Filipino artist
failed to plan their financial condition which in turn gives them a hard time in defraying
necessary expense for their sustenance much less finance their medical and hospitalization
needs.

The purpose of this bill is to boost the pride and morale of our Filipino artist by giving
them health and hospitalization benefits to improve the quality of their life and compensate
their sacrifices in enriching our cultural heritage. Aside from these, the State shall also provide
them housing benefits, free legal assistance and another alternative career.

In view of the foregoing, the passage of this bill is earnestly sought

“KUYA” JOSE ANONIO R. SY-ALVARAD:
Representative
First District of Bulacan



HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL'NO. 5062

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

AN ACT PROVIDING FOR PROTECTION OF ARTISTS' WELFARE.

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

ARTICLE I GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Artists Welfare Protection
and Information Act Lage bill

SEC. 2. Declaration of Policy. The State shall protect and promote the rights of an artist
to be considered as a person actually engaged in cultural work and to benefit from all legal,
social and economic advantages pertaining to the status of workers. Pursuant to this, the state
shall

a) Improve the social security, labor, medical, and legal conditions of the
artist, whether employed, self-employed or’ working freelance, taking into account their
Contributions to cultural, social and economic development through a system of accreditation,

b) Help create and stistain a culture encouraging freedom of aitisti¢ expression
and communication, and to facilitate the release of necessary resources in developing
the artists! creative talents.

¢) Recognize artists as professionals, granting them the corresponding rights and
privileges, to enable them to collectively defend their common interests:

d) Protect the artists’ sensibilities and material rights over their works or
Performances, or any other use made of them to confirm their artistic dignity and
integrity.

€) Provide second/alternative career opportunities to artists who wish to retire
from their respective art.

) Develop means of providing welfare and legal information to artists.

The State is submitting this legislation in honor of the countless recognitions and
achievements of the Filipino Artists.

SEC, 3. Coverage. This Act applies to all accredited artists, as defined herein, employed
and working within the country, and those outside of the country, who are covered by
recruitment programs/contracts and placement offices/agencies.

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SEC. 4. Definition of Terms, ~ ;

a)'Accreditation- shall mean the assessment of an artist of guild based of the
Accreditation Requirements as provided herein, for purposes of availing the
provisions and benefits provided in this Act? +

b) Accredited Artist- refers to an artist who is a Filipino, at least eighteen (18)
years of age, and in compliance with the requirements for Accreditation provided in
Section 7. or those members of existing’ arts guilds duly’ registered and accredited ‘as
provided for by law. ¥

c) Artist - It is taken to meartany person who creates or gives creative expression
to, of recreates works of art, who considers his artistic creation to be an essential part of
his life, who contributes in this way to the development of art and culture and who is or
asks to be recognized as an artist, whether or not he is bound by any relations of
employment or association. This includes Indigenous Artists and Cultural Performers

d) Collectiig Agent/Foreign Collecting Agent - It shall’ tefer to any person,
tiattital or juridical, domestic’ or foreign''Including for purposes of foreign work,
manning, placement and recruitment agencies, who hire and use the services of an artist,
‘The collecting agent shall be responsible for the temittancé of Contribution of the attist
to the Social Security Systém (SSS/Government Service’ Insurance System (GSIS),
Home Development Mutual Fund (PAG-IBIG) and Philippine Health Insurance
Corporation (PhilHealth). The contribution shall be automatically deducted from the
‘comipensation paid to the artist. |

©) Cultural Performer - refers to aii artist who practice culturdlly-accepted art
forms in their communities, such as composo, zarzuela, ‘and other forms of art‘not
defined herein.’ It may also’ refer to’ ah! artist who, ‘although not a member of any
Indigenous Cultutal Community/Indigenous Peoples (ICC/IP) group, has been
consented by the latter to use IP clothing and related paraphernalia, attifacts, other
cultural symbols and expressions, in accordance with the community standards and
attributed meanings.

f) Indigenous Peoples Artists - refers to artists who are members of Indigenous
Cultural Communities/Indigenous Peoples groups who themselves are certified by their
tespective community as bearers of oral traditions, literature, designs, visual,
performing arts and other cultural expressions.

g) Second/Alternative Career - is any career, as enumerated under Sec 16 of this
Act, which an artist may engage into after leaving their main career due to age,
incapacity and other reasons, or any career which an artist may engage into while still
active in their major area of specialization due to the latter's seasonal or contractual
nature. :

h) Welfare Protection, shall refer to the government's duty of providing rights
and privileges to duly accredited artists, and ensuring the protection of their works and
talents to maintain a minimum standard of well-being specifically providing SSS/GSIS,
PAG-IBIG and PhilHealth, among other benefits.



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i) Welfare Information - shall refer to the government's duty to provide knowledge
awareness and understanding to duly accredited artists in terms of legal, medical. proprietary

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educational, and second careers/alternative careers, among others.)

ARTICLE I RIGHTS AND PRIVILEGES, « : Z

SEC. 5. Benefits. - An acetedited artist shall have the rights and privileges to be provided
with PhilHealth, SSS/GSIS, Home Development Mutual Fund (PAG-IBIG), and shall be entitled
to all other benefits as provided by the pertinent provisions of law.)
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SEC. 6. Antist Education and Information - An aceredited artist shall have the rights and
privileges of free legal aid and information, medical assistance, hospitalization, and options for
Second/Altertiative Careers,

SEC. 7. Accreditation Requirements - A guideline shall be issued for the purpose of defining
an Accredited Artist the National Commission on Culturé and the Arts (NCCA) must issue the
buidelines in consultation with the relevant organizations engaged in Literary Arts, Dance, Music,
Theatet, Film, Architecture, Visual and Design Arts, Arts Management and Production Design,
and all other equivalent art forns/disciplinies) ‘The'presumption shall always be resolyed in favor
of accteditation, i! i / f

EC. 8. Application/Approval Procedure Artists shall submit the necessary documents to
support their application for Accreditation to the Local Arts Council, or to the Provincial, City, or
Municipal Tourism Office or to the duly recognized Arts Guild in which they are members who
shall determine the compliance requirements and shall issue a certificate of accreditation based ion
the accepted/recognized aesthetic sensibility of its artistic community: Provided, that the Tourism
Office state herein may require written recommendation from recognized artist in the Local
Government Unit prior to approval of accreditation, Provided further, for Indigenous Artists,
requirements shall be submitted to and approved by the National Commission for Indigenous
Peoples in their Province. The NNCA, through the Artist's Welfare Office as stated in Article V
herein, may. provide additional procedures/requirements that shall encourage meaningful
accreditation of artists and ensure the aesthetic quality and creativity of the various art forms.

ARTICLE III SSS/GSIS, PHILHEALTH, AND PAG-IBIG-FUND COVERAGE

SEC. 9, Accredited Artists shall be covered by the Social Security System, Other Benefits

“An Accredited Artist shall be covered by the Social Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-Ibig, and
shall be entitled to all the benefits including but not limited to insurance, funeral, burial and
financial ‘assistance and scholarships to children, in accordance with the pertinent provisions
provided by law. Payment of premitins or contributions shall be ‘shouldered by the
employer/principal who shall act as the collecting agent for the artist.

‘C. 10. Payment of Premiums Contributions ~ The payment by t collecting agent, for and
in behalf of the accredited artist, shall be based on an annual amount to be determined by the
tespective agencies stated herein



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SEC.111, Multiple Payments‘Contributions:In‘case of multiple payments/contributions
exceeding the annual contbution as stated herein, the excess shall|be cartied over to the
succeeding year. fou
SEC 12, Deftelency fl rela Gunirinatte Reymrenten nse, aidenaengy of pays
the accredited artist shall pay, the, deficiency/differences as stated in the category/schedule of
payments, to be provided by, the SSS/GSIS, PhilHealth, Pag-Ibig, as the éase may. be. Artists who
do not have collecting agents, as provided under. Art| Seo: 4(d), shall comply. withthe provisions
of voluntary contribution, Wubi cn ae |

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SE ‘3. Category Schedule of Payment - The SSS/GSIS, Philtteatth, Pag Ibig, and other
agencies that shall benefit the artist; shall create a catezory/schedule of payment for accredited
artists in compliance with esting laws. elpntaty oso ier OM a
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SEC. 14. Ards Village In ecoedapatibt sith the National Commission on Culture and the
Arts, PAG-IBIG and other relevant government offices, a housing comminity to be known as the
Artists Village shall be established. Suitable idle land shall be identified for the purpose. The Artists
Village shall be provided to the accredited artists: Existing housing A iy forithe sectors: iat
be strengthened, improved and developed using available fundsi: 4 > 4: :
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ARTICLE IV INFORMATION ASSISTANCE:.- COVERAGE AND PROCEDURE

SEC. 15. Legal Information Assistance - The accredited artist shall be provided with free
legal information through the National ommittee’on Legal Aid(NCLA) of the Integrated Bar of
the Philippines (IBP) for the registration and protection of their intellectual. property rights over
their literary, artistic works, performances and other works’as defined under RA $293 ot the
Intellectual Property Code of the Philippines, and other pertinent laws. Accredited Artists! as
defined by this Act shall be provided with free legal services in criminal,cfvil, labor, administrative
and other quasi-judicial cases by the Public Attorey's Office (PAO) purstiant to the provisions of
RA 9406. 3 i]

SEG! 16 Medical and Dental Astistance The sectedited ant stl ba provided with free
medical and dental assistance through the Philippine Medical “A§docidtion (PMA), Philippitie
Hospital Association (PHA);and the Philippifte Dental Association, An actredited artist, as defined
by this act, shall be provided with free medical and dental services in alll government hospitals,
aside from the benefits that an accredited artist may avail through the Phil ealth

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1 SSEC! 17: Second/Altemative Careers \- An accredited ‘artist Shall! bé provided with
Second/Altethative Careers as enumerated, but not limited to the followitls:! 9%“!
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(a) Mentor to tutorial or remedial art classes integrated wit the DepEd and CHED.
curricula,

(b) Traiti¢e in skills implenientation program and laddérizéd education, as provided
by TESDA, in coordination with the NCCA, through the latter's commission-based,
community-based or enterprise-based programs, whichever is applicable’ TESDA, in
coordination with the POEA, shall devise systems which ‘will pave the way for the
accredited artists to obtain job opportunities from foreign countries

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(6) The POBA and: the DFA, in coordination’ with the NCCA, shall establish
mechanisms to ensure the welfare and employment social security, and health benefits or
accredited artists working in foreign countries. i

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SEC. 18. Arts Awareness in the Elementaryand High School Curridnla, ateaporesiae
and Awareness and Cultural Understanding shall be part of the curricula in the elementary. high:
school and K-12 Program. The accredited artists available in a commin shall be aero a, :

B shall assist teachers in the school in the art classes and culture subjects.

ARTICLE V MISCELLANEOUS PROVISIONS

SEC. 19. The Role of the National Commission for Culture and the Arts (NCCA) The
NCCA, as the policy making agency for the Artists Welfare Act, shall create an Artist's Welfare
Office which shall serve as the oversight body in compliance with the provisions of this Act.»

SEC. 20. Dispute Resolution - In cases of disputes arising from the
certification/accreditation or disqualification of artists, the NCCA through the Artist's Welfare
Office, shall resolve such dispute. i

SEC. 21. Payment of Taxes - The Bureau of Internal Revenue (BIR) shall aid artists covered
by this Act in their regulation and payment of taxes. The BIR shall also ensure that artists will be
given authority to print official receipts pursuant to BIR rules and regulations.

SEC. 22. Continuing Studies on Special Privileges for Artists ai NCCA in coordination
with other government offices, arts sector and academic institutions is mandated to conduct studies
and researches on the feasibility of granting discount privileges to artists in particular those who
are earning below the minimum wage law or those artists whose sigan opportunitierr
intermittent , a Fae

SEC. 23. 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. 24. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 25. Effectivity Ct

fuse. - This Act shall take effect fifteen (15) days after tis complete
publication in the Offic

jazette or in at least newspapers of general circulation.

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Approved,