Republic of the Philippines

HOUSE OF REPRESENTATIVES DATE July 27, 2022
Quezon City, Metro Manila 05pm
Nineteenth Congress
First Regular Session

House Bill No. 2480

Introduced by Representative PAUL R. DAZA

EXPLANATORY NOTE

The welfare and protection of every person is guaranteed by the state. Article II,
Section 9 of the Philippine Constitution provides that “The State shall promote a just and
dynamic social order that will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.”

Meanwhile, Republic Act 11032 or the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018 is an act that aims to streamline the current
systems and procedures of government services.

Moreover, Executive Order No. 137 has mandated the institutionalization of the
government's Aid and Humanitarian Operations Nationwide (AHON) Convergence Program
(Section 1), which is a “platform for an enhanced and unified delivery of social amelioration”
and where Individuals/Families in Crisis Situation (AICS) of the Department of Social
Welfare and Development (DSWD) is included.

Such policies provide strong mechanisms through which the government could
support vulnerable and affected sectors, both during ‘normal’ times and emergencies,
disasters, and pandemics. However, no matter how prepared govemments are, real life
circumstances often provide new challenges that are still largely unaccounted for.

For example, the COVID-19 pandemic has significantly put a strain to national and
local social welfare services and humanitarian aid and relief, raising discourses and
recommendations for the improvement in delivery. One of the government’s assistance
programs is the Assistance to Individuals/Families in Crisis Situation (AICS) of the
Department of Social Welfare and Development (DSWD). While AICS has achieved
remarkable success over the years since its start in 2008—benefitting 169,339 beneficiaries a
month from March 2020 to August 2021'—there is an ample room for improved delivery.

One of the recommendations being raised by local governments is to make AICS
institutionalized, ensuring a wider and more effective and efficient delivery. By
institutionalizing it, the program will allow the government to respond more appropriately in

‘DSWD supports 2.8M crisis-affected individuals in 17 months
Available at https://www.pna gov phvarticles/1 153520

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crisis situations especially during pervasive disasters and pandemics where affected families
could run up to millions.

In the long term, the state should always strive to push for economic independence of
all Filipinos—where any crisis situation is not met with fear or anxiety because every person
and household is equipped to cope emotionally, physically, and financially. However, until
that stage of economic independence is reached, the state is obliged to put the necessary
policies and interventions in place so that no one will be left unassisted in crisis situations.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

House Bill No.2480

Introduced by Representative PAUL R. DAZA

AN ACT
INSTITUTIONALIZING THE ASSISTANCE TO INDIVIDUALS IN CRISIS
SITUATION PROGRAM OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT, PROVIDING PENALTIES FOR THE VIOLATION OF CERTAIN
UNLAWFUL ACTS, AND APPROPRIATING FUNDS THEREFOR

SECTION 1. Short Title. — This Act shall be known as the
in Crisis Situation (AICS) Act.”

ssistance to Individuals

SEC. 2. Declaration of Policy. ~ It is the policy of the State to promote a just, humane,
harmonious and productive society, which addresses the plight of the poor and
disadvantaged through interventions that provide focused and adequate social services,
thereby raising their standard of living and quality of life. To do this, the State shall
provide assistance through projects, programs and services geared towards alleviating
poverty and improving the quality of life of every Filipino, during both normal times
and crisis situations, especially the marginalized sector and disadvantaged individuals
and families.

SEC. 3. Definition of Terms. — As used in this Act

a. Assistive Devices and Technologies refer to those whose primary purpose is to
maintain or improve an individual’s functioning and independence to facilitate
participation and to enhance overall well-being and help prevent impairments and
secondary health conditions. These include wheelchairs, prostheses, hearing aids,
visual aids, and specialized computer software and hardware, or any advancement
in technologies that increase mobility, hearing, vision, or communication
capacities;

'b. Burial assistance refers to assistance to help defray funeral and related expenses,
such as transfer of cadaver, burial site, and other related expenses incurred by the
family of the deceased, with consideration to context, cultural, and religious
backgrounds;


Case Management refers to a process of assessing, planning, managing,
coordinating and advocating for services and other interventions used by the
Department of Social Welfare and Development (DSWD) to enable the qualified
beneficiaries to improve their functioning by dealing with their difficulties in
addressing their needs;

Crisis situation refers to a condition of an individual in a stressful situation that
impairs psychosocial functioning or participation in socio-economic activities,
including access to education, work, and health care, that requires series of
interventions to prevent further exposure to vulnerabilities, exploitation or abuse;

. Disability support assistance refers to the monetary support to cover the purchase
of assistive products, technologies, provision of sign language interpreter, personal
assistant, maintenance medicines and hygiene needs, life support equipment, and
other needs of persons with disabilities;

Educational assistance refers to financial assistance extended to elementary, high
school, and college students to help defray school expenses and/or cost of sending
students/children to school such as school fees augmentation, supplies, projects,
allowance and other related expenses and to eradicate barriers to quality education,
including those barriers faced by persons on account of their disabilities;

Financial assistance refers to monetary support in the form of outright cash,
guarantee letter, coupon, check or voucher that has monetary value, including burial
assistance, transportation assistance, medical assistance, educational assistance,
training assistance, food assistance, assistance for other support services and other
allied assistance or physical aid such as food, clothing, and assistive devices and
technologies;

1. Food assistance refers to assistance to those in need due to human induced and

natural calamities and those experiencing other forms of crisis or displacement,
eviction, demolitions or requiring interventions for sector-specific support which
include hot meals, food or meal allowance, or the cash equivalent of the required
hot meals and/or food packs;

Guarantee letter refers to a document duly approved and issued by the DSWD,
which ensures the payment of the amount appearing on the document, that the
beneficiary presents to any public or government owned or controlled hospitals or
other entities and to any similar private entity that is willing to provide services on
credit and enter into partnership agreement with DSWD;

Material and other assistance tefers to an assistance given to individuals in crisis
by providing them non-food items, non-financial, and the likes, and may also
include other professional assistance available in the DSWD, such as psycho-social
support and legal consultation;

Medical assistance refers to out-of-pocket expense in the form of coupon, stub,
guarantee letter, promissory note or voucher that has monetary value, given directly

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to recipients or beneficiaries to be used to pay for hospitalization expenses, other
‘medical treatments or procedures, as well as professional fees and consultation fees,
for the purchase of drugs, medicines, goods or other services prescribed by the
physician of a health facility for in- and out-patients;

1. Persons with disabilities refer to those who have long-term physical, mental,
intellectual or sensory impairments that hinder their full and effective participation
in society on an equal basis with others, including cancer patients and persons living
with cancer and cancer survivors under Republic Act No. 11215, otherwise known
as “National Integrated Cancer Control Act” and persons with rare disease under
Republic Act No. 10747, otherwise known as “Rare Diseases Act of the
Philippines”,

m. Target Beneficiaries refer to individuals or families who are indigent, vulnerable,
disadvantaged, or internally displaced persons or in crisis situation based on the
assessment of the social workers of the DSWD; and

n. Transportation assistance refers to the monetary support to cover the actual cost
incurred on land, sea, and air travel, including travel insurance and such other
related expenses as facilitated by the social workers of the DSWD.

SEC. 4. Assistance to Individuals in Crisis Situation (AICS). — The DSWD shall
effectively respond to the needs of individual /famities in crisis by giving qualified target
beneficiary financial, medical, transportation, food, material assistance, and other forms of
assistance that may be made available in this program. Such assistance could include disability
support services such as but not limited to psychosocial support or intervention for
dysfunctional families and their children who need trauma care and management, legal
counseling, and other available and appropriate professional services based on the assessment
of social workers of the DSWD.

For purposes of this Act, the provision of medical assistance by the Department of
Health (DOH) and its health facilities shall be harmonized with that being provided by the
DSWD and other agencies. Towards this end, Republic Act No. 11463, also known as the
Malasakit Centers Act, shall have suppletory effect for purposes of streamlining the grant of
medical and financial assistance to eligible beneficiaries at the Malasakit Centers, and to
prevent duplication in providing medical assistance to beneficiaries in crisis situation.

SEC. 5. Type, Kind and Amount of Financial Assistance, — The type, kind and
amount of assistance that the target beneficiaries may receive are based on the assessment and
recommendation of the social workers or authorized personnel of the DSWD, duly approved
by their authorized officials.

(a) Other form of financial assistance such as transportation assistance for qualified
target beneficiaries who come from geographically isolated and disadvantaged
areas shall be given.

(b) In order to fully meet the medical needs of individuals in crisis situation,
particularly persons with disabilities or people with special needs such as persons
with spinal cord injury who need catheter and urine bag that entail additional costs,

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the DOH may provide the initial costing per type of disability for the effective
assessment of social workers of the DSWD. To ensure effective implementation,
DSWD and DOH shall keep a database of all usual assistance and circumstances,
which shall then guide planning, programming, and procurement (if necessary).

(c) Aside from the regular AJCS referral for other services such as legal services,
psychosocial interventions, and admission to residential facilities or temporary
shelter, referral system for financial assistance augmentation shall be utilized by the
DSWD.

(@) Appropriate documentation as provided for in the DSWD AICS Guidelines shall
support all disbursements of funds.

(€) A social case study report is required of those whose assistance is higher than ten
thousand pesos (P10,000.00).

SEC. 6. Provision of Assistance Through Adoptive Means. — The DSWD shall adopt
means in order to efficiently, expeditiously, and effectively deliver the financial and material
assistance to the clients. {and communities needing assistance from the government,--may be
deleted already] These means may include establishment of a mobile command center at the
DSWD Central Office and in all regions (or affected regions) and establishment of an
automated information system that can (i) process requests for assistance, (ii) facilitate release
of assistance to beneficiaries, (iii) keep track of and facilitate payments for the necessary
service or financial charges for the delivery of assistance, and (iv) other relevant functions as
stated in Sections 5 and 7 of this Act.

SEC. 7. Case Management System, — There shall be established a case management
system to improve service delivery of the AICS to the qualified beneficiaries.

In keeping with the principle of equitable access [and ensuring that access to the AICS
is maximized—may already be deleted], and as stipulated in relevant sections of this Act, a
mechanism for real-time data sharing between the DSWD and the LGUs shall be
institutionalized, subject to the statutory limitations under the Data Privacy Act of 2012, Under
this mechanism, concemed agencies and LGUs may share information from the centralized
database in order to monitor the assistance given to qualified beneficiaries for purposes of
assistance augmentation, prevention of abuse, [of the assistance given to those in crisis
situations—may already be deleted}, and planning,

SEC 8 Crisis Intervention Program Management Office (CIPMO). - A Crisis
Intervention Program Management Office is created at the Central Office of the Department of
Social Welfare and Development. The office shall monitor and evaluate the implementation of
AICS Program and prepare monitoring and evaluation reports for submission to the Secretary
of the DSWD. The monitoring and evaluation reports must be available and accessible to any
stakeholder at the national, regional, and local levels. —This is problematic given the plans for
“rightsizing the bureaucracy.” We can’t keep on creating new offices. (See also comments of
DBM—they are correct, for the most parts.) We need to rationalize the offices, programs, etc.
in DSWD vis-a-vis LGUs, Local Government Code, Mandanas ruling, etc. I suggest to replace
this with:


SEC. 8. Reengineered DSWD Specialized Programs Sub-Cluster. in keeping with the
plans of government in rightsizing the bureaucracy, mandate of local governments, Mandanas-
Garcia ruling, and whole-of-government approach, DSWD shall undergo an organizational
review and re-engineering to allow more efficient and effective delivery of AICS and other
relevant services under the Specialized Programs Sub-Cluster. The current structure and
personnel complement shall continue managing the functions of the AICS program until such
a time that a re-engineered organization has been established. If necessary and practical, some
functions may already be fully or partially devolved to the local governments while other
national-level functions may become part of the ongoing rightsizing efforts such as but not
limited to the following:

(a) Development of databases shall already be undertaken directly by relevant agencies
such as the Department of Information and Communications Technology,
Philippine Statistics Authority, and National Economic and Development
‘Authority, provided that such function shall be done with supervision of and in
coordination with DSWD;

(b) All medical-related services that are usually provided by the Department of Health
shall automatically be lodged with it unless the qualified beneficiaries automatically
fall within the care of DSWD (e.g., abused women and children, PWDs, victims of
calamities, etc.); and

(c) Other functions where transfer to relevant agencies and/or LGUs shall lead to
seamless and more efficient delivery of services.

SEC. 9. No Additional Plantilla Position. — The DSWD shall no longer create new
plantilla position for the AICS program but where necessary and applicable due to the
rightsizing and streamlining efforts, the staffing pattern necessary for the implementation of
this Act and other services under the Specialized Programs Sub-Cluster shall be modified in
coordination with the Department of Budget and Management and the Civil Service
Commission

SEC. 10. Personnel Complement. ~ The Specialized Programs Sub-Cluster, the
Crisis Intervention Sections, and the Social Welfare and Development Satellite Offices that
implement AICS programs shall be adequately staffed by licensed social workers and support
staff. If necessary and based on the organization development or re-engineering process, a
program director at the Central Office shall be assigned/re-assigned or promoted from current
roster while the regional directors in the field offices shall support the re-organization process
and rationalize their personnel and operations to ensure effective implementation of the AICS
program and other programs in the sub-cluster.

SEC. 11. Unlawful Acts and Penalties. - It shall be unlawful for any individual or
organization to:
a. Defraud the government by issuing or presenting falsified or misleading documents, or
using false pretenses or other fraudulent acts to acquire the assistance provided under
this Act,


b. Coerce, invite or encourage persons to seek assistance from the DSWD for purposes of
acquiring from the beneficiary a portion of the assistance, before or after the receipt of
assistance.

c. Mislead an individual or group to join, pay or cooperate with a group falsely
representing connection or affiliation with DSWD or falsely promising priority in the
processing of assistance.

‘Any person who commits any of the foregoing unlawful acts shall be punished by
imprisonment of not less than one (1) year but not more than six (6) years and a fine of not less
than but not more than triple the amount of the assistance, at the discretion of the court. If the
offender is an organization, the president, manager, or any officer of the organization who
directly participated in the violation of the unlawful acts shall be held liable.

SEC. 11. Joint Congressional Oversight Committee. - A congressional oversight
committee is constituted to monitor, set the overall framework, and review the implementation
of this Act. The committee shall determine the inherent weaknesses in the law and recommend
necessary remedial legislation or executive measures.

‘The oversight committee is composed of five (5) Senators and five (5) Representatives
to be appointed by the Senate President and the Speaker of the House of Representatives,
respectively, and co-chaired by the Chairpersons of the Committee on Social Justice, Welfare
and Rural Development of the Senate and the Committee on Social Services of the House of
Representatives.

For purposes of determining remedial legislation, the oversight committee shall, within
three (3) years after the effectivity of this Act, conduct a review which shall include a
systematic evaluation of the impact of this Act, accomplishments of the program, and the
performance of the implementing agencies.

SEC. 12. Implementing Rules and Regulations. ~ Within six (6) months from the
effectivity of this Act, the Secretary of the DSWD in consultation with the Secretary of the
DOH and the Commission on Audit (COA), shall promulgate the necessary rules and
regulations to carry out the provisions of this Act

SEC. 13. Appropriations. ~The amount necessary for the initial implementation of this
‘Act shall be charged against the current year’s appropriations of DSWD. Thereafter, such sum
as may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act, including the payment for the necessary service fees,
financial charges, or administrative cost, and capital outlay for the establishment of the
necessary offices for the delivery of assistance.

SEC. 14. Separability Clause. - If any provision or part of this Act is held invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 15. Repealing Clause, ~ All laws, presidential decrees or issuances, executive
orders, letter of instructions, administrative orders, rules, and regulations or parts thereof


contrary to or inconsistent with the provisions of this Act are amended, repealed, or modified
accordingly.

SEC. 16. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a national newspaper of general circulation.

Approved,