Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2389

Introduced by Representative Florida P. Robes

EXPLANATORY NOTE

Natural disasters such as typhoons, floods, earthquakes and volcanic
eruptions can happen unexpectedly while human-induced disasters such as war and
famine may not occur so sudden but their effects can be so devastating as well. When
they strike, they are tests to the resilience of humanity and their steadfastness to
respond to those in need as quickly and as effectively as they can. In times like these,
aids and assistance pour from all parts of the world to help alleviate the situation of
disaster victims. Many thousands of lives would have been needlessly lost without
the support and assistance of people from all walks of life and in all dimensions.

‘As humans can only last few days without food and water, relief operations
are important. In this case, response mechanisms and guidelines must be geared
towards saving lives in the immediate aftermath of any disaster. Proper management
of relief, particularly collecting and sending of goods, must be in place. And to entice
people in donating relief goods to be distributed to people affected by disasters, this
bill seeks to mandate freight companies, freight forwarders, common and private
carriers and other logistic companies to provide free freight services in the
transportation of relief goods and donated articles to calamity-stricken areas. This
will further ensure that adequate relief assistance is given to individuals and
communities most devastated by the disaster.

It has been said that "the primary goals of humanitarian action are to save
lives, alleviate suffering and maintain human dignity during and in the aftermath of
humanitarian crises" (White Paper on Irish Aid, 2006). This is clearly manifested in
our "bayanihan spirit.” As the tradition of helping victims of disaster is engrained in
our values system as Filipinos, the approval of this Bill Is earnestly sought.

FLO! AP. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 2389

Introduced by Representative Florida P. Robes

AN ACT
PROVIDING FOR FREE FREIGHT SERVICES IN THE
TRANSPORTATION OF RELIEF GOODS TO CALAMITY-STRICKEN
AREAS

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 Relief Goods Free
‘Transportation Act”.

SEC. 2. Declaration of Policy. - It is the policy of the State to strengthen
existing mechanisms that will facilitate quick responses to the demands and needs
during disasters and emergencies and to encourage altruism among the citizens
when it is necessary to provide timely relief to the victims of catastrophic phenomena
by engaging the services of both public and private common carriers, freight
forwarders, freight companies and other logistics companies to collect, sort, store,
transport, and deliver relief goods donated by international and local donors to areas
declared in a "state of calamity” in the most economical, reliable, speedy and secured
manner,

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

(a) Common carriers refer to persons, corporations, firms or associations
offering their services to the public and engaged in the business of carrying or
transporting passengers or goods or both, by land, water, or air, for compensation;

(b) Disaster refers to a serious disruption of the functioning of a community
or a society involving widespread human, material, economic or environmental


losses and impacts, which exceeds the ability of the affected community or society to
cope using its own resources, the conditions and vulnerability that are present, and
insufficient capacity or measures to reduce or cope with the potential negative
consequences, which may include loss of life, injury, disease and other negative
effects on human, physical, mental and social well-being, together with damage to
property, destruction of assets, loss of services, social and economic disruption, and
environmental degradation;

(c) Donated goods or articles refer to free food or non-food items given in
kind by any individual or group or entities as a response to the need to provide
emergency basic needs to disadvantaged or distressed individuals and families;

(d) Duly registered relief organization refers to any relief organization, not
operated for profit, duly registered, licensed or accredited with the Department of
Social Welfare and Development (DSWD) or with any national government agency;

(e) Emergency refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action; (f) Freight companies refer to companies that
specialize in the moving or transporting of freight or cargo from one place to another
and categorized either as international freight forwarders or domestic freight
forwarders;

(g) Freight forwarders refer to persons or companies that organize shipments

for individuals or corporations to get goods from the manufacturer or producer to a
market, customer or final point of distribution;

(hb) International humanitarian assistance (IHA) refers to any aid and action
taken by any duly coordinated foreign government or organization in the form of
financial donations, international relief workers and i

kind donations, for the
benefit of disaster-stricken areas, aimed at providing emergency response,
rehabilitation and recovery operations to mitigate the effects of disasters or major
emergencies;

(i) Private carriers refer to those entities, without being engaged in the
business of carrying as a public employment, which undertake to deliver goods or
passengers for compensation;

(j) Relief refers to interventions to alleviate, ease, or mitigate a distressed or
critical situation affecting persons, families, groups or communities;

(k) Relief goods refer to food packs and non-food items such as clothing


articles, mats, blankets, mosquito nets, kitchen wares, water container, hygiene kits,
and medical and health-related products to be given directly to the victims of a
disaster or an emergency;

(1) Response Cluster refers to the National Disaster Risk Reduction and
Management Council (NDRRMC) cluster or group of humanitarian agencies working
in a unified manner in providing assistance to the needs of the affected population;
and

(m) State of calamity refers to a condition involving mass casualty or major
damages to property, disruption of means of livelihoods, roads and normal way of
life in the affected areas as a result of the occurrence of natural or human induced
hazard.

SEC. 4. Free Freight Services for the Transportation of Relief Goods. - With
the aim of bringing immediate relief to victims of natural or man-made disasters
when government resources are not available or are insufficient to address the needs
of the emergency, the Office of Civil Defense (OCD), in coordination with the
Philippine Postal Corporation (PPC) and all freight companies, common carriers,
private carriers, freight forwarders and other companies providing logistic services in
the Philippines are hereby mandated to grant free freight services to duly registered
relief organizations in the transportation of emergency relief goods and donated
articles to areas declared to be in a state of calamity by the President or the local
government unit (LGU) concerned through the sanggunian.

These common carriers, freight forwarders, and other similar entities are
mandated to deliver goods and services for free to areas where they operate.

When the area is not accessible, such relief goods shall be sent or delivered to
the nearest LGU and shall be consigned to the concerned local chief executive.

Certain shipping auxiliary costs, such as arrastre services, pilotage, and other
port charges that are routinely passed on to customers, shall be free of charge:
Provided, That container van costs, turnaround time, and volume of freight entitled
to the free freight charges shall be considered in order to minimize the loss of profits
for the private sector.

SEC. 5. Vigilance Over Relief Goods. — The Law and Order Cluster of the
NDRRMC shall be responsible in providing security and traffic management


assistance to the Response Cluster's operations to facilitate the speedy movement of
people, goods and equipment to the affected population and responding agencies.

SEC. 6. Release of Donated Relief Goods and Articles. — The release of
donated relief goods and articles intended for distribution to areas under a state of
calamity shall be in accordance with existing rules and procedures of responsible
government agencies such as the DSWD, Bureau of Customs (BOC), LGUs, and other
government agencies mandated to authorize the distribution of these relief goods
and articles, with proper verification of the receiver and in consideration of
prevailing policies of freight service and logistics companies and carriers.

SEC. 7. Implementing Agency. - The Department of Transportation (DOT:),
through the Civil Aeronautics Board (CAB), Maritime Industry Authority (MARINA),
and Land Transportation Franchising and Regulatory Board (LTFRB), shall
implement the provisions of this Act, monitor and oversee compliance of freight
service companies, common and private carriers and other companies providing
logistics services as provided under this Act.

SEC. 8. Implementing Rules and Regulations. - To carry out the provisions of
this Act, the OCD, in coordination with the DOTr, through CAB, MARINA and
LTFRB, BOC, PPC, DSWD and the association or authorized representatives of
freight services companies and freight forwarders, common and private carriers and
other companies offering logistics services in the country shall, within sixty (60) days
from the effectivity of this Act, issue the implementing rules and regulations,
including a mechanism or procedure in availing the free services as provided for
under this Act.

SEC. 9. Separability Clause. - In the event that any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, the other
provisions shall not be affected thereby and shall remain valid and enforceable.

SEC. 10. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, or parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,