NINETEENTH CONGRESS 
) 
OF THE REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
House Bill No. 839
Introduced by Representative Christian Tell  A. Yap 
EXPLANATORY NOTE 
The TUPAD or Tulong Panghanapbuhay sa ating Disadvantaged/Displaced Workers is a community-
based package of assistance that provides for a short-term emergency employment program for displaced, 
underemployed and seasonal workers. It is a program that acts as a social safety net to assist displaced or 
vulnerable workers in the informal economy and get them back on their feet by providing them wage 
employment to mitigate the impact of calamities, disasters, and epidemics on their livelihoods.  
The COVID-19 pandemic has caused great economic turmoil to all Filipinos and especially to those 
who have little to no security of tenure in employment. As of April 2020, the Philippine Statistics Authority 
(PSA) reports that the country's unemployment rate has jumped to a record of 17.7% or 7.3 million people 
jobless due to the lockdowns imposed from the pandemic. The government therefore is tasked to enact and 
implement innovative labor policies in order to create economic opportunities for all Filipinos affected by the 
pandemic. 
As the country moves into the “new normal”, the Department of Labor and Employment (DOLE) 
implements the TUPAD program as a post-COVID intervention measure to help informal sector workers 
recover from economic displacement and loss of income due to the enhanced community quarantine (ECQ). It 
is estimated that close to a million workers in the informal economy will benefit from the government’s 
emergency employment program. In fact, the DOLE is extending the period of the TUPAD program from ten 
(10) days to three (3) to six (6) months in order to alleviate the growing economic concerns of disadvantaged
and displaced workers.
Furthermore, to respond to the urgent needs of the growing number of unemployed and displaced 
workers current crisis, several proposed legislations have prioritized and provided a substantial amount for the 
budget of the TUPAD program in recognition to its beneficial effects.  
Thus, it is incumbent upon the State to alleviate the plight of all disadvantaged and displaced workers in 
the time of crisis by providing the necessary economic and labor opportunities as soon as possible. Under this 
bill, the TUPAD program is institutionalized whereby the DOLE is authorized to implement, motu proprio 
employment projects in cases of massive displacements, defines the eligibility of the beneficiaries qualified in 
the program, provides for the modes in implementing the program, and ensures the payment of at least the 
minimum wage rate for non-agricultural workers in the area of project implementation.  
This legislation aims to institutionalized the TUPAD program whereby the DOLE is authorized to 
implement, motu proprio employment projects in cases of massive displacements, define the eligibility of the 
beneficiaries qualified in the program, provide for the modes in implementing the program, and ensure the 
payment of at least the minimum wage rate for non-agricultural workers in the area of project implementation.  
In view of the foregoing reasons, the approval of the bill is earnestly sought. 
    CHRISTIAN TELL  A. YAP 
Representative, 2nd District of Tarlac 
July 1, 2022
11:20 am


1 
NINETEENTH CONGRESS 
 
 
) 
OF THE REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session  
 
 
 
) 
HOUSE OF REPRESENTATIVES 
House Bill No. 839
Introduced by Representative Christian Tell  A. Yap 
AN ACT 
PROVIDING FOR A WAGE EMPLOYMENT ASSISTANCE PROGRAM FOR DISPLACED 
AND/OR VULNERABLEWORKERS INSTITUTIONALIZING FOR THE PURPOSE THE 
TULONG PANGHANAPBUHAY SA ATING DISADVANTAGE/DISPLACED WORKERS 
(TUPAD) PROGRAM OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 
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 “TUPAD Act.”
1 
2 
SEC. 2. Declaration of Policies. - The State shall promote a just and dynamic social order that 
3 
will ensure the prosperity and independence of the nation and the people from poverty through 
4 
policies and adequate social services, promote full employment, a rising standard of living, and an 
5 
improved quality of life for all. 
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It shall improve the quality of life of all Filipino workers through active labor market policies 
8 
promoting and facilitating employment generation, human resource development and by providing 
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displaced and/or vulnerable workers a social safety net from the effects of disasters, 
10 
epidemics/outbreaks, pandemics, public health emergencies, war, armed conflict, crises, economic 
11 
shocks or income loss brought about by ill-health, disability, work-related injury, unemployment, 
12 
work displacements, and other related contingencies. 
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SEC. 3. Coverage. - This Act shal1 cover al1 displaced and/or vulnerable workers affected by 
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disasters, epidemics/outbreaks, pandemics, public health emergencies, war, armed conflict, crises, 
16 
economic shocks or income loss brought about by ill-health, disability, work-related accidents or 
17 
injuries, unemployment, work displacements due to business closure, retrenchment, rightsizing, 
18 
redundancy technological advances, and other analogous causes. 
19 
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SEC. 4. Definition of Terms.-As used in this Act: 
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a) Accredited Co-Partner refers to the program partner, which may be a peoples’ or
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workers’ organization, union, association, federation, cooperative, business association,
24 
church-based organization, educational institution, or private foundation, that has been
25 
accredited by the Department of Labor and Employment (DOLE) to implement
26 
TUPAD programs and projects using government or public funds;
27 
b) Beneficiary refers to individuals or group of individuals who are qualified recipients of
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assistance under TUPAD;
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c) Disaster refers to a serious disruption of the functioning of a community or a society
30 
involving widespread human, material, economic or environmental losses and impacts,
31 
which exceeds the ability of the affected community or society to cope using its own
32 
resources, as defined in Republic Act No. 10121, otherwise known as the Philippine
33 
Disaster Risk Reduction and Management Act of 2010;
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2 
 
d) Displaced workers refer to workers in the formal and informal economy or self-
1 
employed, whether overseas or local, who became unemployed, underemployed, or 
2 
have lost their livelihood due to disasters, epidemics/outbreaks, pandemics, public 
3 
health emergencies, war, armed conflict, crises, economic shocks, or income loss 
4 
brought about by ill-health, disability, work-related accidents or injuries, business 
5 
closure, retrenchment, rightsizing, redundancy, technological advances, and other 
6 
analogous adverse events as may be determined by the DOLE; 
7 
e) Massive displacement refers to large-scale displacement of workers in the normal and 
8 
informal sectors brought about by disasters, epidemics/outbreaks, pandemics, public 
9 
health emergencies, war, armed conflict, crises, or economic shocks, among others, 
10 
resulting in serious disruption of means of livelihood; 
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f) Micro-insurance refers to a scheme that provides specific insurance and similar 
12 
products and services that meet the needs of the low-income sector for risk protection 
13 
and relief against distress, misfortune, and other contingent events; 
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g) Self-employed refers to individuals who create their own earnings and opportunities in 
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the form of business, contract work whether overseas or local or freelance activities; 
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h) Sub-professionals refer to individuals who hold first level position under the Revised 
17 
Administrative Code of 1987, which includes the clerical, trades, crafts and custodial 
18 
service positions requiring less than four (4) years of collegiate studies; 
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i) TUPAD Program is a safety net wage employment assistance program for displaced 
20 
and/or vulnerable workers also known as the Tulong Panghanapbuhay sa Ating 
21 
Disadvantaged/Displaced Workers Program and herein interchangeably referred to as 
22 
TUPAD or Program. 
23 
j) Underemployed workers refer to employed persons who express the desire to have 
24 
additional hours of work in their present job or an additional job, or have a new job 
25 
with longer working hours; 
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k) Vulnerable workers refer to minimum wage earners, working poor, or marginalized 
27 
workers, as defined below, whether in an employer-employee relationship in the public 
28 
or private sector, or self-employed including the Overseas Filipino Workers (OFWs), 
29 
and whose families depend solely on their wages or compensation income for their 
30 
minimum basic needs, such as food, health, education, housing and other essential 
31 
amenities of life. 
32 
i. 
Minimum wage earners refer to workers in the private sector who are paid the 
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statutory minimum wage, or to employees in the public sector with 
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compensation income of not more than the statutory minimum wage in the non-
35 
agricultural sector where he/she is assigned as defined under Republic Act No. 
36 
10963, otherwise known as the Tax Reform for Acceleration and Inclusion 
37 
(TRAIN) Law; 
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ii. 
Working poor refers to individuals and/or groups whose income fall below the 
39 
poverty threshold as defined by the National Economic and Development 
40 
Authority (NEDA) and/or cannot afford in a sustained manner to provide their 
41 
minimum basic needs of food, health, education housing and other essential 
42 
amenities of life; 
43 
iii. 
Marginalized workers refer to workers who have not benefitted from education, 
44 
health, employment, and other opportunities by reasons of poverty, 
45 
geographical inaccessibility, culture, gender, among others, and to workers who 
46 
are less likely to have formal work arrangements, and are more likely to lack 
47 
decent working conditions, adequate social security, and whose employment is 
48 
characterized by inadequate earnings, low productivity, and difficult conditions 
49 
of work that undermine their fundamental rights; 
50 
l) Wage employment refers to the act of generating one’s income from an employer-
51 
employee relationship. 
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3 
 
Article II 
1 
Wage Employment Assistance Program 
2 
for Displaced and/or Vulnerable Workers or TUPAD Program 
3 
 
4 
 
SEC. 5. Wage Employment Assistance Program for Displaced and/or Vulnerable Workers 
5 
or TUPAD Program. - The TUPAD Program is a social safety net designed to assist displaced and/or 
6 
vulnerable workers and their families, and get them back on their feet by providing them wage 
7 
employment if they fall on hard times due to disasters, epidemics, war, armed conflict, crises, 
8 
economic shocks or income loss brought about by ill-health, disability, work-related accidents or 
9 
injuries, unemployment work displacements due to business closure, retrenchment, rightsizing, 
10 
redundancy, technological advances, and other analogous causes. For this purpose, the TUPAD 
11 
Program being implemented by the DOLE providing emergency employment for displaced or 
12 
disadvantaged workers is hereby institutionalized. 
13 
 
14 
 
SEC. 6. Lead Agency and Convergence with Related Government Assistance Program. - The 
15 
DOLE shall be the lead agency in the implementation of the TUPAD Program and shall proactively 
16 
administer directly, motu proprio, wage employment projects, in coordination or collaboration with 
17 
relevant government agencies, in the event of massive displacement of workers resulting in serious 
18 
disruption of means of livelihood. 
19 
 
20 
 
The DOLE shall be responsible in the administration, sourcing, assessment and approval of all 
21 
project proposals for appropriate funding using TUPAD funds. It shall integrate and collaborate with 
22 
other government agencies, business and labor groups, and civil society groups in implementing 
23 
similar or related programs and services for efficient and effective whole-of-nation approach in the 
24 
delivery of social safety nets. 
25 
 
26 
 
SEC. 7. Eligible Projects for TUPAD; No Counterpart Funding Requirement. - All 
27 
employment projects, to be eligible for funding under TUPAD, shall be under any of the listed eligible 
28 
projects below. The DOLE shall set the period of work of approved employment project depending on 
29 
the nature and duration of the work to be performed, but in no case shall the project duration be less 
30 
than ten (10) days, nor to exceed ninety (90) days, as provided herein: 
 
31 
 
32 
Eligible Projects 
Maximum No.  
of Work Days 
(a) Light works, such as street sweeping and cleaning 
of public facilities. 
15 
(b) Social community projects such as de-clogging of 
canals, debris cleaning/segregation and materials 
recovery, stockpiling and clearing at the aftermath of 
calamity or disaster. 
45 
(c) Social community projects such as minor repair 
and maintenance of common public facilities such as 
schools and health centers 
60 
(d) Government projects requiring improvement of 
government facilities and infrastructures such as 
health centers, irrigation canals, roads, evacuation 
centers school buildings, and the like. 
90 
(e) 
Economic 
community 
projects 
such 
as 
maintenance and/or rehabilitation of farm-to-market 
roads, bridges, post-harvest facilities, public markets, 
and common public facilities such as production and 
display centers fish ports, etc. 
90 
(f) Agro-Forestry and eco-agriculture farming which 
include 
tree-planting, 
seedling 
preparation, 
re-
forestation and crop growing. 
90 
(g) Field works, such as conduct of survey and 
profiling, in partnership with other government offices 
90 


 
4 
 
 
1 
No counterpart funding shall be required in the implementation of the project from the Local 
2 
Government Units (LGUs) or any of DOLE’S accredited program partners However, they shall 
3 
provide technical assistance, which could be in the form of identification of projects; profiling of 
4 
beneficiaries, procurement, monitoring, and facilitating access of services from other agencies.  
5 
 
6 
Tupad Projects involving 46-90 days period of work shall be implemented in partnership 
7 
and/or complementation with agencies implementing public projects such as the Department of Public 
8 
Works and Highways (DPWH), Department of Environment and Natural Resources (DENR), LGUs, 
9 
as well as the private sector to engage in public projects. Said offices/program partners shall provide 
10 
the required materials, tools, and equipment including office equipment, as warranted by the nature of 
11 
work. 
12 
 
13 
SEC. 8. Qualified Beneficiaries. - All displaced workers and/or vulnerable workers are 
14 
qualified beneficiaries under this Act; Provided, that the Secretary of Labor, may, in proper instances, 
15 
also approve programs under the TUPAD Program that will include the underemployed, such as sub-
16 
professionals involved in structured work in support of office operations or those engaged in arts crafts 
17 
manual and clerical work, as beneficiaries under this Act. 
18 
 
19 
The Secretary of DOLE shall set standards on the TUPAD beneficiaries, including the 
20 
allowable number of beneficiaries per household, and the number of projects under the Program a 
21 
qualified beneficiary may participate in, and such other relevant matters for the effective 
22 
implementation of this Act, with a view to helping the most number of beneficiaries. 
23 
 
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SEC. 9. Modes of Implementation of the TUPAD Program. - The TUPAD Program shall be 
25 
implemented by the DOLE Regional Offices through any of the following modes: 
26 
 
27 
a) Accredited Co-Partner (ACP). Under this mode, the ACP shall be the Department’s 
28 
partner or conduit in the implementation of the program, provided they are registered 
29 
with any registering body of the government and accredited by DOLE as ACP under 
30 
the TUPAD Program. The following shall qualify as ACP: 
31 
 
32 
i. 
Peoples’ organization: 
33 
ii. 
Private sector unions, federations or workers’ associations, as defined in 
34 
Book V of the Omnibus Rules and Regulations Implementing the Labor 
35 
Code of the Philippines; 
36 
iii. 
Cooperatives; 
37 
iv. 
Church-based organizations: 
38 
v. 
Private educational institutions; 
39 
vi. 
Private foundations; and 
40 
vii. 
Government agencies and instrumentalities, including National 
41 
Government Agencies, Local Government Units and Government 
42 
Owned and Controlled Corporations; 
43 
 
44 
b) Direct Administration. Under this, the administration and implementation of the 
45 
TUPAD Program shall be undertaken directly by the Department’s regional provincial 
46 
and/or field offices. 
47 
 
48 
SEC. 10. Accreditation of Co-Partners (ACP). - DOLE shall accredit the copartners in the 
49 
implementation of the TUPAD Program, and for this purpose shall set the guidelines for the 
50 
accreditation process. 
51 
 
52 
 
Government agencies, including LGUs and state university and colleges (SUCs), shall 
53 
automatically be TUPAD program partners, without need of accreditation, upon execution of a 
54 
TUPAD Partnership Memorandum of Agreement clearly outlining the responsibilities and deliverables 
55 
of each party under the program. 
56 
 
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5 
 
 
SEC. 11. Employment Project Implementation Requirements. – All programs under the 
1 
TUPAD Program shall observe the following: 
2 
 
3 
a) Strict compliance with the Occupational Safety and Health Standards provided under 
4 
Republic Act No. 11058 and other related laws and regulations; 
5 
b) Provision of necessary equipment for beneficiaries needed to effectively and safely 
6 
participate in a project under the Program; 
7 
c) Enrollment of every beneficiary to a group micro-insurance to be included in the total 
8 
project cost; 
9 
d) Issuance of an identification card or document for every beneficiary participating in a 
10 
project under the Program; 
11 
e) Assistance to beneficiaries who have participated in the Program of skills training or 
12 
upgrading towards self-employment or wage employment. For this purpose, the DOLE and 
13 
Technical Education and Skills Development Authority (TESDA) shall ensure the 
14 
implementation and enforcement of this provision; 
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f) Mechanisms to ensure that the DOLE and/or its accredited co-partners monitor the 
16 
implementation of every employment project under the TUPAD Program; and 
17 
g) Submission of proper documentary requirements for the release and liquidation of funds for 
18 
every employment project under the TUPAD Program subject to relevant accounting and 
19 
auditing rules and regulations. 
20 
 
21 
SEC. 12. Wages and Compensation of Beneficiaries; Prohibited Practices. - The wages and 
22 
compensation of the beneficiaries shall not be less than 100% of the prevailing private sector 
23 
minimum wage rate set by the Regional Tripartite Wages and Productivity Board (RTWPB) for non-
24 
agricultural workers in the area or locality where the project will be implemented. 
25 
 
26 
Any violation of this provision shall result in the blacklisting of the accredited co-partner, 
27 
including the payment of the amount involved, with legal interest, without criminal cases. If the 
28 
accredited co-partner is an LGU or SUC, the LGU or SUC shall immediately address such deficiency 
29 
and/or error without prejudice to applicable rules and regulations of the Commission on Audit and the 
30 
filing civil, criminal or administration actions. In case of direct administration, the responsible DOLE 
31 
personnel shall be subjected to administrative investigation without prejudice to the filing of 
32 
appropriate civil or criminal case. 
33 
 
34 
SEC. 13. Project Funding. - Approved employment project proposals shall be funded under 
35 
the TUPAD Program fund under the budget of the DOLE. 
36 
 
37 
The DOLE shall be primarily responsible for managing the funds for the implementation of the 
38 
Program. 
39 
 
40 
 
SEC. 14. Authority to Receive and Administer Donations for TUPAD Program. - The DOLE 
41 
is hereby authorized under this Act to receive donations from government and non-government 
42 
organizations and to administer the same strictly and exclusively for the beneficiaries and qualified 
43 
applicants of the TUPAD Program, subject to relevant accounting and auditing rules and regulations. 
44 
 
45 
 
SEC. 15. Monitoring, Reporting and Evaluation of the TUPAD Program. - The DOLE shall 
46 
establish a standardized monitoring and reporting system to properly document every approved project 
47 
under the Program. 
48 
 
49 
 
It shall also submit to Congress and make available to the public, an annual accomplishment 
50 
report and utilization of the funds earmarked for the implementation of the TUPAD Program. The 
51 
annual report shall include the pertinent details of every project under the Program, the mode of 
52 
implementation, number of beneficiaries, donations from private and other organizations, 
53 
expenditures, number of beneficiaries who acquired employment after their participation in the 
54 
Program, and other pertinent information as may be necessary. An impact evaluation shall be 
55 
conducted from time to time, but not later than every three years. 
56 
 
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6 
 
Article III  
1 
Miscellaneous Provisions 
2 
 
3 
 
SEC. 16. Appropriations. - The funds for the initial implementation of this Act shall be 
4 
sourced from the current budget of the DOLE for the implementation of the TUPAD Program. 
5 
Thereafter, the amount necessary for its continued implementation shall be included in the annual 
6 
General Appropriations Act; provided, that such appropriation shall take into consideration an 
7 
administration fee of not more than 5%. 
8 
 
9 
 
SEC. 17. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity 
10 
of this Act, DOLE shall, in consultation with TESDA, Department of Trade and Industry, and other 
11 
relevant government agencies and stakeholders, issue the necessary rules and regulations for the 
12 
effective implementation of this Act. 
13 
 
14 
 
SEC. 18. Separability Clause. - Any portion or provision of this Act that is declared 
15 
unconstitutional or invalid shall not have the effect of nullifying other portions or provisions hereof as 
16 
long as such remaining portions can still subsist and be given effect in their entirety. 
17 
 
18 
 
SEC. 19. Repealing Clause. - All laws, ordinances, rules, regulations, other issuances or parts 
19 
thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly. Nothing in 
20 
this Act shall result in the diminution of the benefits and/or assistance given to overseas Filipinos and 
21 
migrant workers as provided in other laws, ordinances, rules, regulations and issuances. 
22 
 
23 
 
SEC. 20.  Effectivity. - This Act shall take effect fifteen (15) days after its publication in the 
24 
Official Gazette or in two (2) newspapers of general circulation. 
25 
 
26 
 
Approved,