Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL no, 5842

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

‘As provided in the 1987 Constitution of the Republic of the Philippines, the
State recognizes the role of every Filipino in nation-building and shall encourage
their involvement in public and civic affairs.

Dr. Romulo A. Virola perfectly described the nature of Filipino volunteerism:

"In the Philippines, volunteerism has had a long, rich, diverse,
cultural tradition. Under its many cultural names, guises, and
dimensions, volunteerism remains embedded in the tradition of sharing,
of helping. Notions of Filipino volunteerism employ various indigenous
meanings such as bayanthan, damayan, kawanggawa, pahinungod, and
bahaginan..Whether understood as tulong, —pakikipagkapwa-tao,
pagbabahagi, or paghahandog, volunteerism can bring significant
benefits to individuals and communities in the Philippines and can Help
nurture and sustain a rich social texture and a strong sense of mutual
trust and cohesion, essential to the stability of Philippine society."

‘The spirit of Filipino volunteerism has always been evident especially during
disasters and natural calamities. However, the willingness of volunteers to offer their
services freely is hindered by the potential for liability actions against them. Sila na
nga ang tumutulong, sila pa ang mapapahamak.

To further strengthen volunteerism in the country, this bill seeks to protect
volunteers from liability in providing reasonable assistance as long as these
volunteers were acting in an emergency; if appropriate or required, the volunteers
were properly licensed, certified, or authorized by the appropriate authorities for the
activities undertaken in an emergency; and the harm was not caused by willful or
criminal misconduct.

In view of the foregoing the approval of this measure is urged.

=

* Virola, R. (2010). Volunteerism in the Philippines: Dead or Alive? Philippine Statistics Authority.
[http://nap.psa.gov.ph/headlines/StatsSpeak/2010/121310_rav_cmr_volunteerism.asp] Retrieved: 01
June 2017,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO. 5842

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
ENCOURAGING VOLUNTEERISM DURING BY PROTECTING
VOLUNTEERS FROM LIABILITY

Be it 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.”

Sec. 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 rekindle 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. - For purposes of this Act.

(1) Volunteer” refers to an individual who provide reasonable assistance in
an emergency and does not receive compensation.

(2) “Emergency” shall refer to a situation requiring immediate attention and
remedial action involving a sudden, unexpected, and impending threat to
life, health, or safety of a person.

Sec. 4. Liability Protection for Volunteers. - No volunteer shall be liable for
harm caused by an act or omission if:

(1) The volunteer was acting in an emergency at the time of the act or
omission;

(2) If appropriate or required, the volunteer was properly licensed, certified,
or authorized by the appropriate authorities for the activities undertaken
in an emergency at the time of the act of omission; and


(3) 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 misconduct that:

(1) constitutes a crime; or

(2) was performed under the influence of intoxicating alcohol or any
dangerous drug at the time of the misconduct.

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

Sec. 8. Effectivity. - This Act shall take effect after fifteen (15) days following

the completion of its publication either in the Official Gazette or in a newspaper of
general circulation in the Philippines.

Approved.