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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPrNES 
1 
First Regular Session 
1 
'04 
JUL -1 
AI0 :37 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 2 provides that the State shall adhere to the policy of 
cooperation with all nations. 
This policy is carried out when there is mutual assistance between the volunteers and 
government agencies or other organizations working together to promote the welfare of the 
nation. 
Many non-profit public and private organizations and governmental entities, including 
voluntary associations, social service agencies, educational institutions, local governments, 
foundations, and other civic programs, substantially depend on the services of volunteers. 
Unfortunately, the willingness of volunteers to offer their services has been increasingly 
deterred by a perception that they put their personal assets at risk in the event of liability actions 
against the organization they serve. 
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This bill seeks to promote the interest of social service program beneficiaries and 
taxpayers and to sustain the availability of programs of non-profit organizations and 
governmental entities, which depend on volunteer contributions, by encouraging reasonable 
reform of laws to provide protection from personal financial liability to volunteers serving in 
good faith on behalf of such organizations. 
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‘04 
JUL -1 A30:37 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
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BY 
OF THE PHILIPPINES 
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First Regular Session 
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S E N A T  
S B No 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
GRANTING IMMUNITY FROM PERSONAL CIVIL, LIABILITY, UNDER CERTAIN 
CIRCUMSTANCE, TO VOLUNTEERS WORKING ON BEHALF OF NONPROFIT 
ORGANIZATIONS AND GOVERNMENTAL ENTITIES 
Be it enacted by the Senate and the House of Represenlafives of lhhe Philfppines in 
Congess assenzbled: 
SECTION 1. Short Tifle. - This Act shall be known as the “Volunteer Protection Act.” 
SECTION 2. Declaidation of Policy. - It‘ is declared policy of the state to develop and 
promote self-reliance by encouraging the spirit of self-help and mutual assistance between 
government agencies or other organizations and the people themseIves who volunteer their 
servcies for the promotion of the welfare of the nation. 
SECTION 3. Dejhition of Terms. - For purposes of this Act, the term: 
(1) “Volunteer” - means an individual performing services for a non-profit organization or 
a governmental entity who does not receive compensation, or any other thing of value in lieu of 
compensation, for such services, and such term includes a volunteer serving as a director, oficer, 
trustee, or direct service volunteer. 
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(2) “Non-profit Organization” means any organization whose purpose is not to gain profit 
but to provide social services; and 


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(3) “Damage or Injury” includes physical, nonphysical, economic and non-economic 
damage. 
SECTION 4. No Pveentption of Torr Law. - Nothing in this Act shall be construed to 
preempt the laws governing tort liability actions 
SECTION 5 .  Lintitation of Liability for Volunteers. - 
(A) Liability Protection for Volunteers - Except as provided in subsection (B) and (D), 
any volunteer of a non-profit organization or governmental entity shall incur no personal 
financial liability for any tort claim alleging damage or injury from any act or omission of the 
volunteer on behalf of the organization or entity if 
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(1) such individual was acting in good faith and within the scope of such individual’s 
oficial fnnctions and duties in the organization or entity, and 
(2) such damage or injury was not caused by willful and wanton misconduct by such 
individual. 
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(B) Concerning Responsibility of Volunteers with Respect to Organizations. - Nothing in 
this section shall be construed to affect any civil action brought by any non-profit organization or 
any governmental entity against any volunteer of such organization or entity. 
(C) No Effect on Liability of Organizations. - Nothing in this section shall be construed 
to affect the liability of any non-profit organization or governmental entity with respect to injury 
caused to any person. 
(D) Exceptions to Volunteer Liability Protection. - The State may impose one or more, 
of the following conditions on and exceptions to the granting of liability protection to’ any 
volunteer of an organization or entity required by subsection (a): 
(1) The organization or entity must adhere to risk management procedures, including 
mandatory training of volunteers; 


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(2) The organization or entity shall be liable for the acts or omissions of its volunteers to 
the same extent as an employer is liable, under the law, for the acts or omission of its 
empoyees; 
(3) The protection from liability does not apply if the volunteer was operating a motor 
vehicle or was operating a vessel, aircraft, or other vehicle for which a pilot’s license is 
required; 
(4) The protection from liability does not apply in the case of a suit brought by an 
appropriate officer of the State or local government to enforce a national or local law; and 
(5) The protection from liability shall apply only if the organization or entity provides a 
financially secure source of recovery for individuals who suffer injury as a result of 
actions taken by a volunteer on behalf of the organization or entity. A financially secure 
source of recovery may be an insurance policy within specified 
limits, comparable 
coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements 
that satisfy the State that the entity will be able to pay for losses up to a specified amount. 
Separate standards for different types of liability exposure may be specified. 
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SECTION 6. Sepambilip Clause - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. Repealing Clause. Any law, presidential decree or issuance, executive 
order, letter of instructin, administrative order, rule or regulation contrary to or inconsistent with 
the provisions of this Plct is hereby repealed, modified or amended accordingly. 
SECTION 8. Effectivity Clause - This Act shall take effect fifteen (15) days afier its 
publication in at least two (2) newspapers of general circulations. 
Approved. 
FN: 1266