• 
FIFTEENTH CONGRESS OF THE 
) 
-i' 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
,. j 
, ~' 
7\' 
SENATE 
S.B. No. 2496 
INTRODUCED BY SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
The Philippines has committed to achieve the Millennium Development Goals, an 
international commitment to eradicate poverty, arnong others, by 2015. Our 
Constitution in Art II, Sec. 9 makes it a state policy to 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, prornote full employment, a rising standard of living, and an improved 
quality of life for all. It also mandates that there shall be priority for the needs of 
the underprivileged, sick, elderly, disabled, women and children. 
The Magna Carta of the Poor was filed in the 14th Congress by Sen. Antonio 
"Sonny" F. Trillanes IV. As then Chairperson of the Senate Cornmittee on Social 
Justice, Welfare and Rural Development, I heard this measure and filed the 
Comrnittee Report which is similar to this bill. 
This is a vital piece of legislation that seeks to uplift the standard of living and 
quality of life of the Filipino people, especially the poor. This bill enumerates the 
basic rights of the poor, the enjoyment of which is an essential step towards 
poverty alleviation. According to the 2006 Official Poverty Statistics report 
released by the National Statistical Coordination Board (NSCB), there are 4.7 
million Filipino families or almost 27.6 million people who are considered poor. 
Poverty incidence or the proportion of those considered poor to the total number 
of families is at 26.9 percent. These are the number of Filipinos who cannot 
afford to provide for their minimum basic needs for food, health, education, 
housing and other social amenities in a sustained manner. In 2006, as many as 
1.9 million families were considered "food-poor," or those whose incomes fell 
below the minimum requirement for food expenditure set by the government. 
Given this situation, long term measures, strategies and solutions for poverty 
reduction and hopefully, eradication should be put in place. 
As such, passage of this bill is earnestly sought. 
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FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2496 
INTRODUCED BY SENATOR PIA S. CAYETANO 
AN ACT PROVIDING FOR A MAGNA CARTA OF THE POOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Title. - This Act shall be known as the "Magna Carta of the Poor". 
2 
3 
SEC. 2. Declaration of Po/icy.- It is the declared policy of the State to uplift the 
4 
standard of living and quality of life of the poor and provide them with sustained 
5 
opportunities for growth and development. Every poor Filipino family must be 
6 
empowered to meet 'their minimum basic needs, through the partnership of the 
7 
governrnent and the basic sectors. It is likewise vital that the State cornplies with 
8 
its international obligations to eradicate poverty, such as our commitment to 
9 
achieve the Millennium Development Goals which include the eradication of 
10 
extreme poverty and hunger, achievement of universal primary education, 
11 
promotion of gender equality and empowerment of women, reduction of child 
, 
12 
mortality, improvernent of maternal health, combating HIV/ AIDS, malaria and 
13 
other diseases, en~uring environmental sustainability and development of a 
14 
global partnership for development. 
15 
16 
To attain the foregoing policy: 
17 
18 
(a) Government must prioritize investments in anti- poverty programs to 
19 
enable the poor to participate responsibly in the country's growth and 
20 
development; 
21 
(b) All government departments, agencies and instrumentalities must provide 
22 
full access to government services for the poor; 
23 
(c) Government interventions must be strengthened to address the genuine 
24 
concerns of the poor, while long- term strategies and solutions for the 
2S 
empowerment of the poor are being put in place; and 


(d) The capabilities and competencies of the basic sectors, the non 
2 
government organizations (NGOs) and people's organizations (POs), as 
3 
partners of the government for the effective delivery and implementation of 
4 
a wide range of anti- poverty programs and basic services, shall be 
5 
enhanced and promoted. 
6 
7 
SEC. 3. Definition of terms. - As used in this Act, the following terms are hereby 
8 
defined: 
9 
10 
(a) Poor shall refer to indivipuals or families whose income fall below the 
11 
poverty threshold as defined by the National Economic and Development 
12 
Authority (NEDA) and/or cannot afford to provide their minimum basic 
13 
needs of food, health, education, housing and other essential amenities in 
14 
a sustained manner; 
15 
(b) Basic sectors shall refer to the disadvantaged sectors of Philippine 
16 
society, namely: farmer- peasants, artisanal fisherfolks, workers in the 
17 
formal and informal sectors, migrant workers, indigenous people and 
18 
cultural communities, women, differently- abled persons, senior citizens, 
19 
victims of calamities and disasters, youths, students, children and the 
20 
urban poor; 
21 
(c) Hazardous or danger zones shall refer to areas which when occupied for 
22 
residential purposes actually pose a danger to the life and safety of the 
23 
occupants or of the general community. 
24 
(d) People's organization (PO) shall refer to any recognized or accredited 
25 
self- help association or cpoperative of the basic sectors or disadvantaged 
26 
groups composed of members having a common bond of interest, who 
27 
voluntarily join together to achieve a lawful common social and economic 
28 
end. 
29 
30 
SEC. 4. Basic Rights of the Poor. - The poor shall have the following rights, the 
31 
enjoyment of which is an essential step towards poverty alleviation: (a) the right 
32 
to food; (b) right to employment and livelihood; (c) the right to quality education; 
33 
(d) the right to shelter; and (e) the right to basic health services and medicines. 
34 
35 
The government shall, as a matter of duty and obligation, provide the 
36 
requirements, conditions and opportunities for the full enjoyment of these rights 
37 
of the poor, and which the poor can demand as a matter of right. 
38 
2 


4.1. The Right to Food.-
The Department of Social Welfare and 
2 
Development (DSWD) shall expand a program of subsidy to help the poor 
3 
meet their minimum food requirements. 
4 
5 
To help ensure the implementation of the food assistance program, all 
6 
food items and food products, including rice, corn, sugar and other prime 
7 
commodities, seized and forfeited with finality in favor of the government 
8 
for violations of customs laws shall be automatically transferred to and/ or 
9 
turned over to the DSWD for proper disposition. 
10 
11 
The DSWD, in coordination with the Department of Agriculture (DA), shall 
12 
develop plans and projects to complement existing food subsidy programs 
13 
of the government so that the poor can engage in productive activities. 
14 
These shall promote food self- sufficiency among the poor. 
15 
16 
4.2. The Right to Employment and Livelihood.- The Department of Labor 
17 
and Employment (DOLE), in coordination with the POs, National Anti-
18 
Poverty Commission (NAPC), Local Government Units (LGUs), and 
19 
relevant government agencies and government financial institutions, shall 
20 
primarily be responsible for providing facilitation assistance to the poor to 
21 
ensure better access to liyelihood opportunities and employment openings 
22 
in private enterprises and in government programs and projects. The 
23 
DOLE and other concerned government agencies are likewise tasked to 
24 
address the emergency employment needs of displaced families. 
25 
26 
In the hiring of workers needed for the implementation of government 
27 
infrastructure 
projects 
and/or 
government-funded 
contracts 
or 
28 
government-assisted undertakings, it shall be mandatory to prioritize 
29 
qualified laborers from the poor sector who are residents of the LGUs 
30 
where the project is located, as provided in the implementing rules. 
31 
32 
4.3. The Right to Quality Education.- The right of the poor to free public 
33 
elementary and secondary education shall not be impaired. 
34 
35 
The right to education shall include access to quality education at the 
36 
college level. Consistent with the government's goal of providing 
37 
socialized college education, including the student loans or study-now-
38 
pay-later 
plans, 
programs 
on 
education 
shall 
be 
expanded 
in 
3 


state/local/private universities and colleges, as well as higher education 
2 
institutions: Provided, That the students qualify and maintain good 
3 
academic standing: Provided further, That the students enroll in priority 
4 
courses, as determined by the Commission on Higher Education (CHED). 
5 
6 
It shall also include the right to avail of quality technical vocational 
• 
7 
education and training through scholarships, subsidies and financial 
8 
assistance, to ensure access to decent and productive employment. 
9 
10 
At least five percent (5%) discount shall be granted by establishments that 
II 
sell reference books for college and school supplies to poor but deserving 
12 
students, subject to the guidelines to be issued by CHED: Provided, That 
13 
these establishments may claim the cost as allowable tax deduction from 
14 
the gross income in the computation of their income tax in accordance 
15 
with the provisions of the National Internal Revenue Code of 1997, as 
16 
amended. 
17 
18 
The Department of Education (DepED), CHED and the Technical 
19 
Education and Skills Development Authority (TESDA), in coordination with 
20 
government agencies concerned, shall ensure the full enjoyment of the 
21 
poor of the right to education. 
22 
23 
4.4. The Right to Shelter. - The right of the poor to decent housing shall 
24 
not be abridged. The government shall develop and implement a housing 
25 
program for the poor which shall include a well- targeted and responsive 
26 
subsidy scheme that will provide decent housing with the least financial 
27 
burden. 
28 
29 
In all cases, the government, in ensuring the exercise and enjoyment of 
30 
the right of the poor, shall put in place a system consisting of simple 
31 
requirements and procedures, and expeditious processing and approval. 
32 
33 
The 
government, 
through the 
Housing 
and 
Urban 
Development 
34 
Coordinating Council (HUDCC) and the National Housing Authority (NHA), 
35 
in coordination with the LGUs, shall prioritize the implementation of the 
36 
socialized housing and resettlement for the poor specially those residing in 
37 
hazardous or danger zones. 
38 
4 


The implementers of the socialized housing and resettlement programs 
2 
shall enjoy the incentives stated in Section 20 of Republic Act No. 7279, 
3 
otherwise known as the "Urban Development and Housing Act of 1992". 
4 
5 
4.5. The Right to Basic Health Services and Medicines.- The LGUs shall 
6 
ensure and promote the health of their populace in a rational manner, 
7 
including the availability of quality primary healthcare services and access 
8 
to secondary and tertiary healthcare services and public healthcare 
9 
programs. 
10 
II 
The Department of Health (DOH) shall provide the highly specialized level 
12 
of quality health care in a rational manner as well as technical assistance 
13 
to LGUs, POs and other members of civil society in effectively 
14 
implementing programs, projects and services that will promote the health 
15 
and well- being of every Filipino, especially the poor. 
16 
17 
The Philippine Health Insurance Corporation (PhiIHealth), in coordination 
• 
18 
with the DOH, shall ensure that every Filipino, especially the poor, is 
19 
covered and entitled to an adequate package of health services. The out-
20 
of-pocket expenses of every Filipino, especially the poor, shall be 
21 
substantially reduced, with the end view of totally eliminating such 
22 
expenses. The current payment and enrollment mechanisms shall also be 
23 
reformed. 
24 
25 
The DOH, LGUs and Philhealth shall define an expanded primary health 
26 
package that every citizen is entitled to and can readily avail of. Clear 
27 
responsibilities must be defined and allocated between the three partners, 
28 
ensuring 
also 
that 
services 
provided 
are 
consistent 
with 
the 
29 
epidemiological profile and population needs. 
30 
31 
SEC. 4.6 . Other Rights of the Poor. - All other rights and benefits for the 
32 
poor provided under existing laws shall remain in full force and effect. 
33 
Nothing herein shall be construed to diminish the enjoyment of such rights 
34 
by the poor who shall have the right to avail of the greater rights or 
35 
benefits offered by existing laws, including those granted under this Act. 
36 
37 
SEC. 5. System for Targeting of Beneficiaries.- The DSWD, in coordination with 
38 
NAPC and other relevant government agencies, LGUs, NGOs and POs, shall 
5 


• 
1 
2 
3 
4 
come up with a single system of classification to be used for targeting 
beneficiaries of the government's anti- poverty programs and projects to ensure 
• 
that such programs reach the intended beneficiaries. 
5 
SEC. 6. Funding Requirements. The funding for the pro- poor programs and 
6 
projects implemented under this Act shall be taken from the appropriate 
7 
programs of the relevant agencies, guided by the Medium Term Expenditure 
8 
Framework which they develop and submit to the Department of Budget and 
9 
Management (DBM). 
10 
11 
Deficiencies in the existing appropriations of the pro- poor programs in the 
12 
different departments and 
agencies shall be 
included 
in the General 
13 
Appropriations Act of the year following the enactment of this Act and thereafter. 
14 
15 
SEC. 7. 
Rational Allocation of Funds. -
The National Economic and 
16 
Development 
Authority (NEDA), in relation with NAPC, shall be principally 
17 
responsible for the efficient and rational allocation of available funding 
18 
requirements as may be needed by the different government departments and 
19 
agencies in implementing the rights of the poor. 
20 
21 
SEC. 8. Private Sector Participation. - The private sector is highly encouraged to 
22 
be an active partner for the empowerment of the basic sectors. 
23 
24 
As such, the DSWD, DOLE, DepEd, DOH, NAPC, DA, CHED, TESDA, HUDCC, 
25 
NHA are hereby authorized to solicit donations, aids or grants, in cash or in kind, 
26 
from whatever source, and/or enter partnerships with private/public institutions to 
27 
meet the demands of the basic rights to food, employment and livelihood, quality 
28 
education, shelter, basic health services and medicine, and other rights. 
29 
30 
SEC. 9. Tax Exemptions. - Any donation, contribution or grant which may be 
31 
made to the programs and projects entered into pursuant to this law shall be 
32 
exempt from the donor's tax and the same shall be considered as allowable 
33 
deduction from the gross income in the computation of the income tax of the 
34 
donor in accordance with the provisions of the "National Internal Revenue Code 
35 
of 1997", as amended. 
36 
37 
SEC. 10. Role of the Local Government Unit. - LGUs shall be responsible for the 
38 
formulation and implementation of local anti-poverty programs and projects in 
6 


• 
• 
their jurisdictions and ensure that these are consistent with, and complementary 
2 
to, national programs and projects set forth in the basic rights of the poor as 
3 
provided in Section 4 of this Act. . 
4 
5 
SEC. 11. Joint Congressional Oversight Committee.- There is hereby created a 
6 
joint congressional oversight committee to monitor the implementation of this Act, 
7 
including the achievement of the Millennium Development Goals. The committee 
8 
shall be composed of five (5) senators and five (5) representatives to be 
9 
appointed by the Senate President and the Speaker of the House of 
10 
Representatives, respectively. The oversight committee shall be co-chaired by a 
11 
senator and a representative designated by the Senate President and the 
12 
Speaker of the House of Representatives, respectively. 
13 
14 
The mandate given to the joint dongressional oversight committee under this Act 
15 
shall be without prejudice to the performance of the duties and functions by the 
16 
respective existing oversight committees of the Senate and the House of 
17 
Representatives. 
18 
19 
SEC. 12. Implementing Rules. - The NAPC, in coordination with the govemment 
20 
departments and agencies, shall promulgate rules and regulations to carry out 
21 
the provisions of this Act within three (3) months from its effectivity. The rules 
22 
shall set priority target areas for the initial implementation of this Act, with the end 
23 
in view of ensuring the successful replication of the program nationwide. 
24 
25 
SEC. 13. Compliance Report. - The NAPC, in coordination with all government 
26 
departments and agencies concerned, shall within six (6) months, from the 
27 
effectivity of this Act and every six (6) months thereafter, submit a report to Joint 
28 
Congressional Oversight Committee on the compliance with the provisions of this 
29 
Act. 
30 
31 
SEC. 14. Separability Clause. -
If any provision of this Act is qeclared 
32 
unconstitutional, the other provisions not affected thereby shall remain in full 
33 
force and effect. 
34 
35 
SEC. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
36 
parts thereof which are inconsistent with the provisions of this Act are hereby 
37 
repealed or modified accordingly. 
38 
7 
/~ 


• 
SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its 
2 
publication in two (2) national newspapers of general circulation. 
Approved, 
3 
8