Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO._ UELE

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
GRANTING IMMUNITY FROM PERSONAL CIVIL LIABILITY, UNDER
CERTAIN CIRCUMSTANCES, TO VOLUNTEERS WORKING ON BEHALF
OF NON-PROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES

The Constitution, Article Il, 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 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 bee increasingly
deterred by a perception that they put their personal assets at risk in the event of liability
actions against the organization they serve.

This bill seeks to promote the interests 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.

LUIS RAY! “LRAY’ ILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

8373
HOUSE BILL NO, ~~

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
GRANTING IMMUNITY FROM PERSONAL CIVIL LIABILITY, UNDER
CERTAIN CIRCUMSTANCES, TO VOLUNTEERS WORKING ON BEHALF
OF NON-PROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES

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

SECTION 1. Short Title. — This Act shall be known as the “Volunteer Protection Act.”

SECTION 2. Declaration of Policy. — It is a 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 themselves who volunteer
their services for the promotion of the welfare of the nation.

SECTION 3. Definition of Terms. — As used in this Act, the term:

(A) “Volunteer” means an individual performing services for a non-profit organization or
a government 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, officer, trustee, or direct service volunteer;

(B) “Non-profit Organization” means any organization whose purpose is not to gain
profit but to provide social services; and

(C) ‘Damage or Injury” includes physical, nonphysical, economic, and non-economic
damage.

SECTION 4. No Preemption of Tort Law. — Nothing in this Act shall be construed to


preempt the laws governing tort liability actions.

SECTION 5. Limitation of Liability for Volunteers. —

(A) Liability Protection Volunteers. — Except as provided in paragraphs (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:

(1) Such individual was acting in good faith and within the scope of such individual's
official functions and duties in the organization or entity; and

(2) Such damage or injury was not caused by willful and wanton misconduct by such
individual.

(B) Responsibility of Volunteers with Respect to Organizations. — Nothing in this section

shall be construed to affect any civil action brought by a 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 paragraph (A):

(1) The organization or entity must adhere to risk management procedures, including
mandatory training of volunteers;

(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 laws, for the acts or omissions of

its employees;

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;

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

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.

(3)

(4

(5

SECTION. 6. Separability Clause. — If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision shall remain valid and
subsisting.

SECTION 7. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulations contrary to or


inconsistent with, the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation,

Approved,