REPUBLIC OF THE PHILIPPINES /
HOUSE OF REPRESENTATIVES j;;

Quezon City

NINETEENTH CONGRESS
First Regular Session

1007
HOUSE BiLL No. 4!

EXPLANATORY NOTE

This bill seeks to protect volunteers from liabilities arising from their acts or
omissions caused by reasonable assistance, or voluntary contribution of time,
service, or resources in emergency situations. This bill has already been approved
by the House of Representatives on its 3 and final reading in the 17 and 18%
Congress. However, it has not yet ripened into a law. Hence, the filing of this bill to
protect volunteers from unnecessary liability, and to encourage volunteerism in
emergency situations.

Since time immemorial, Filipinos have always been proud of being identified
with the rare tradition of volunteerism. It is a value common to Filipinos but
peculiar to others. The passage of time however has gradually diminished the spirit
of volunteerism. One of the primordial causes of the abdication of selflessness is
the threat of criminal, civil, or administrative liability attendant to rescue
operations. In road accidents, people tend to just drive past the victims for fear of
being implicated or tagged by the police as the culprit or offender. Some would just
cle around the victims without extending any help for the same reasons.

This bill will protect volunteer rescuers from liability save the instances
where it will not apply. More importantly, the passage of this legislative measure
willencourage and buoy up the spirit of volunteerism in every Filipino free from
threat of liability.

This bill will save lives. Hence, the earnest need for its immediate approval.

wal Wd soa



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1007

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

“AN ACT
ENCOURAGING VOLUNTEERISM DURING EMERGENGIES BY
PROTECTING VOLUNTEERS FROM LIABILITY”

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

SECTION 1. Short title. - This Act shall be known as the
“Emergency Volunteer Protection Act”

SECTION 2. Declaration of Policy. - It shall be the policy of the State
to promote the participation of Filipino citizens in public and civic
affairs and strengthen the practice of volunteerism as a strategy in
order to attain national development. The inculcation of
volunteerism as a way of life rekindles in every Filipino the time-
honored tradition of bayanihan to foster social justice, solidarity
and sustainable development. Towards this end, the State shall
encourage individuals to volunteer and provide reasonable

assistance during emergencies by protecting them from liability.

SEC. 3. Definitions of Terms. - As used in this Act:


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(a)Volunteer refers to an individual or group who provides
reasonable assistance and contributes time, service and
resources in an emergency situation and who does not receive

compensation for rendering volunteer service;

(b) Emergency refers to a situation requiring immediate attention
and remedial action involving an unforeseen occurrence,
sudden, and impending threat or danger to life, health, or safety

of a perso

(c) Volunteer Sectors refers to those sectors that organize
themselves into volunteers to take advocacy and action primarily
for local and national development as well as international
cooperation and understanding; and

(@) Spontaneous Volunteer refers to an individual who may
either be a trained volunteer whose trainings may be from a
volunteer service organization (VSO) or volunteer or volunteer
sector, or an untrained volunteer who performs volunteering as
necessitated by an emergency situation and without the

supervision or management of the VSO or the volunteer sector.

SEC. 4. Liability Protection for Volunteers. - No volunteer shall be

liable for harm caused by an act or omission if,

(a) The volunteer was acting in an emergency situation at the

scene of an accident;

(b) The volunteer is properly licensed, certified, or authorized by

the appropriate authorities, either government entities or non-
government organizations, for the activities undertaken in an

emergency at the time of the act or omission; and


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(c) The harm was not caused by willful or criminal misconduct,
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed by

the volunteer.

SEC. 5. Exceptions. - The liability protection for volunteers under
this Act shall not apply to the following conditions;
(a) If the misconduct constitutes a crime under the Revised

Penal Code or an offense in any special penal law;

(b) If the misconduct was performed by the volunteer under the
influence of intoxicating liquor or any dangerous drug at the

time of the act or omission;

{c) If the volunteers are from business organizations that employ

volunteers for pecuniary purposes; and

(d) If volunteers receive compensation for volunteering at anon-
profit organization. However, the non-profit organization shall
not be liable if it exercised due diligence in the selection and

supervision of the volunteer.

SEC. 6. Separability Clause. ~ If any portion or provision of this Act
is declared unconstitutional, the remainder of the Act or any

provision not affected thereby shall remain in force and effect.

SEC. 7. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or other issuances or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified

accordingly.


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SEC. 8. Effectively. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette op any newspaper of general

circulation.

Approved,