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’04 !l!L 
23 P? I :I 5 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Magsaysay, Jr. 
EXPLANATORY NOTE 
It has been a normal practice in the food industry to be strict in the 
disposal of their excess productions. In the fast food chain, the allowable shelf 
life .of -their food Tfierchandise before the same is thrown in the garbage bag, 
averages between 10 to 15 minutes. This is in spite of the very fact that it can 
still last and be safe for human consumption the following day. Shelf life of food 
sold in the fast food only guarantees the peak level of its freshness and is far 
from spoilage. 
However, due to fear of causing undue injury or harm to others and, 
consequently, facing legal actions due to food poisoning and other health- 
related hazards, it has become the norm in the industry to throw away excess 
food products instead of giving it away even for their own employees to take 
home. 
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Considering that there are thousands of restaurants, fast food chains, 
bakeries, markets, hotels and similar establishments all over the coun ry who 
are constantly disposing of.their daily excesses,’ it can be accurately s ,‘.d that 
we are practically throwing away tons of food enough to feed millions o people 
suffering from and dying of starvation. 
Seventy percent (70%) of the country’s population is under the poverty 
level. This alone indicates that millions of Filipinos are miserably scrounging 
for food anywhere just to survive, Consequently, this state of starvation and 
undernourishment make the populace unhealthy, thus, the government needs 
all the support it can get to protect its citizenry from the devastating effect of 
diseases caused by malnourishment. 
The same is true with pharmaceutical products. 
Expiration date 
stamped on medicines is usually over-stated and inaccurate. 
It has been 
claimed by most medical practitioners that the same still has three (3) months 
grace period before the medical product can be considered ineffective, and yet 
drug stores already dispose of these expired products even before the said grace 
period. 
This proposed measure which will provide immunity from suit to donors 
of medicines, food and other supplies will definitely encourage all the good 
Samaritans (both local and foreign) to answer the government’s call for support 
and assistance. 
The immediate passage of this measure is eapestly sought. 
JR. 


TO PROMOTE DONATIONS IN 
OD FAITH OF 
SUPPLIES BY 
Be it enacted by fhe Senate and House of Representatives of the Philippines in 
Congress assembled: 
- 
.- 
1. Title of the 
ct. - This Act shall be known as the "Good 
Samaritan Act of 2004. 
eclaration of olicy. - It is the policy of the State to promote 
and protect the interest and social well-being of every citizen of the 
ensuring among others the propagation of social justice 
underprivileged members of our society by making available to 
necessities in life which is food and shelter. 
SEC. 3. Definition of Terms. - For the purpose of this Act, the following 
shall mean: 
onor - shall refer to all restaurants, hotels, bakeries, fast food 
chains, markets, caterers, cafeterias, pharmacies, manufacturers, distributors, 
similar establishments and other entities (foreign or local) including individuals 
who are willing to give for free - medicines, food products or supplies. 
2. Donee - shall refer to the ultimate beneficiary of donated medicines, 
food products or supplies. 
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roups - shall refer to any group or socio-civic organi ations 
that solicit or facilitate and assist in the reception and distribution of d nated 
medicines, food products or supplies. 
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4. ~ o ~ a ~ e d  
Food 
-shall refer to the medicines, food products 
or supplies that are given voluntarily for free. 
5. 
Shelf Life - shall primarily refer to the period of time between the 
preparation of food or medicine to its expiration following the normal standards 
set forth by the Bureau of Food and Drugs and other government authorities as 
complied with by every food and medicine establishment and observed, as well, 
by non-commercial entities including private individuals. 
SEC. 4. Limitations on 
edicine Donation - Medicines must only be 
donated to any national or local government unit, including Barangay Health 
Centers, or private groups or socio-civic organization and not directly to end 
beneficiaries. Pmvided, however, that the above indirect recipients shall not 
give the same to the ultimate donee unless there is proper consultation with and 
prescription from a licensed medical practitioner. 
ec. 5. Covera e. - All restaurants, hotels, bakeries, fast food chains, 
markets, caterers, cafeterias, pharmacies, manufacturers, distributors, imilar 
establishments and other entities, foreign or local, including individua s who 
voluntarily donate medicines, food products or supplies as provided in this I 
Act. 
EC. 6. 
Exemption of Donor from Liabili - Any provision of law to 
the contrary notwithstanding, any donor who shall donate medicines, food 
products or supplies in good faith for the benefit of a certain individual or group of 
individuals shall be exempt from any civil or criminal liability that may arise from 
injurylharm directly resulting from the intake of donated food products and 
medicines. ~ r o ~ i d e ~  
howevec that any participating civic group, who facilitates 
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the reception and donation of food products and medicines in good faith and in 
compliance with the provisions of this Act, for and in behalf of the ultimate donee, 
SEC. 7. Implementing Rules and Regulations. - The Depart 1 
ent of 
shall likewise be exempted from any liability. 
Health and other appropriate agencies shall issue the necessary implementing 
rules and regulations within sixty (60) days after the effectivity of this Act. 
SEC. 8. Repealing Clause. - The provisions of any law which are 
inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly. 
SEC. 9. Separability Clause. - If for any reason, any provision of this 
Act is declared invalid or unconstitutional, the remainder of this Act shall not be 
affected. 
SEC. I O .  Effectivity. - This Act shall take effect immediately upon 
publicalion in a newspaper of general circulation. 
Approved,