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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
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Introduced by Senator S. R. Osmefia 111 
EXP LAN AT0 RY NOTE 
As of 2000, 26.5 million Filipinos are now living below the poverty line. 
This means that eighteen to twenty-five million Filipinos have to subsist daily with 
less than P50 per person or approximately P32 per day. The fifty pesos or less 
have to be stretched to acquire the basket of goods (food, water, clothing, 
housing, etc.). 
The World Bank Development Report 2000/2001 , Attacking Poverty 
maintains that poverty should be more broadly defined as the inability to shape 
one’s own life. An individual’s dignity is violated if he is not given the freedom to 
shape his own life. The constraints to his freedom may be due to his lack of 
access to human and physical assets (lack of opportunity); his vulnerability to 
short-run negative shocks such as sickness, unemployment, transitional costs of 
economic reforms, macroeconomic crises and natural disasters (lack of security); 
or the insensitivity of public institutions to his needs (lack of empowerment). 
While there may be existing laws touching on the need of the poor, the 
jobless, the homeless and the .landless as part of an overall national strategy to 
alleviate poverty, this proposed legislation puts in sharp focus by stating in 
unequivocal terms what is felt to be the basic irreducible rights of the poor as 
essential requirements towards poverty alleviation, rights without which it is 
pointless to talk about poverty reduction. 
These rights are: 
the right to 
employment, the right to food, the right to shelter, the right to free quality 
education and the right to free healthcare and medicine - the “minimum 
standards of decency” which the poor can demand as a matter of right and which 
the government must do as a matter of obligation. 
More than a bill of rights of the poor, it declares that Government must 
now take the side of the poor because the issue of poverty has now become a 
critical question of survival; that Government intervention, given the present 
situation, is the only realistic route to take to uplift the poor while long term 
measures, strategies and solutions for poverty reduction are being put in place, 
and that government must invest heavily in anti-poverty programs for the 
economic empowerment of the poor. 


Consequently, early approval of this bill is earnestly sought. 
c 
h- 
SE 
OSMENA 111 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINE 
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First Regular Session 
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S E N A T E  
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S. No. 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
PROVIDING FOR A MAGNA CARTA FOR THE POOR 
Be it enacted by the Senate and the House of Representatives of the 
Philippine in Congress assembled: 
SECTION I. 
Title. - This Act shall be known as the "Magna Carta for the 
Po0 r. " 
SEC. 2. Declaration of Policy. - It is the declared policy of the State to 
uplift the standard of living and quality of life of the poor and provide them with 
sustained opportunities for growth and development. It is likewise the policy that 
the concept of poverty alleviation is a government responsibility that primarily 
requires the creation and expansion of employment opportunities geared 
towards providing decent and productive employment to the poor. 
To attain the foregoing policy: 
(1) 
Government must invest heavily in anti-poverty programs to 
empower the poor to enable them to participate in the country's growth and 
d eve I o p me n t ; 
(2) 
All government departments, agencies and instrumentalities 
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must provide full access to government services at all levels for the poor; and 


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(3) 
Government intervention must be done now to address the 
genuine concerns of the poor while long term strategies and solutions for the 
economic empowerment of the poor are being put in place. 
SEC. 3. Definition of Terms 
a. “Poor” shall refer to natural persons whose income or combined 
household income falls below the poverty threshold as defined by the National 
Economic Development Authority and who at the same time are not owners of 
real property. 
b. “Hazardous or danger zones” - refer to areas which when used for 
residential purposes pose a danger to the life and safety of the concerned 
residents or of the general community, 
c. “Poor Organization” - refers to any recognized or accredited 
association as the sole representative organization of the poor in the community. 
SEC. 4. Basic rights of the Poor - The poor shall have the following 
rights the enjoyment of which is an essential requirement towards poverty 
alleviation: (I) 
The right to employment; (2) food; (3) free quality education; (4) 
shelter and (5) to free health services and medicine. 
The government shall provide the requirements, conditions 
and 
opportunities for the full enjoyment of these rights of the poor as a matter of duty 
and obligation, and which the poor can demand as a matter of right. 
SEC. 5. The Right to Food and Food Assistance. - The Department of 
Social Welfare and Development (DWSD) shall develop a program of free food 
to the poor or a system of food assistance/subsidy to help the poor meet their 
minimum food necessities, 
The DSWD is hereby authorized to solicit donation, aids or grants, in cash 
or in kind, from whatever source, to meet the demands of this basic right of the 
poor, The donors under this provision shall be entitled to full deductibility of the 
value of the donation for incorqe tax purposes. 


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To help ensure the implementation of the free food for the poor program, 
all food items and food products, including rice, corn, sugar and other prime 
commodities, seized and forfeited with finality in favor of government for violation 
of customs laws shall be automatically transferred to or turned over to the DSWD 
for its dispositions. 
SEC. 6. The Right to Employment. - The Department of Labor and 
Employment (DOLE), in coordination with the labor or employment offices of 
local government units, shall primarily be responsible for ensuring that the poor 
shall have preferential access to employment openings in private enterprises and 
in government programs and projects. For this purpose and to focus on the 
specific issue of creation of employment for the poor, the DOLE shall establish 
an Office of Employment Opportunities (OEO) within the department to carry out 
this responsibility. The budgetary requirements of the OEO shall be included in 
the annual budget of the DOLE. 
Government departments and agencies, including government-owned and 
controlled corporations, are hereby authorized and mandated to earmark funds 
from their budgetary outlays to finance viable projects for employment purposes. 
The government shall likewise allocate more funds from official development 
assistance for projects and activities that will have greater impact on generation 
of employment for the poor. 
It shall be mandatory for all government infrastructure projects and/or 
government-funded contracts or government-assisted undertakings to utilize 
laborers from poor organizations as may be necessary in areas where the 
projects or contracts are to be implemented. 
SEC. 7. The Rights to Free Quality Education. - The right of the poor to 
free elementary and secondary public education shall not be impaired. This right 
shall include provisions for free school uniform and school transportation. 


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The right to education shall include access to quality education at the 
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college level. In consonance with the g'overnment goal of providing free college 
education to the poor, college or graddate scholarships for the poor, including 
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the study-now-pay-later-plans, shall be 1 expanded in the State universities and 
colleges and local government educatiot)al institutions. 
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It shall also include the right 10 availment of free vocational and/or 
technical training and manpower Skills development from appropriated 
government agencies, for those who faillto qualify for formal or higher education, 
The Department of Education Culture and Sports (DECS), in coordination 
with government agencies and governpent educational institutions concerned, 
shall ensure the full enjoyment of the poor's right to education. 
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SEC. 8. The right to Shelter. - The right of the poor to decent housing 
shall not be abridged. 
The Government shall develop and implement an 
appropriate housing scheme that will provide decent housing facilities to the poor 
with the least financial burden .through a system of subsidy or no-down payment 
acquisition schemes and long term, interest-free loans. 
In identified hazardous or danger zones or in geographic areas and 
population groups where housing needs for the poor are urgent and greatest, the 
Government through the National Housing Authority and the local government 
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unit concerned, shall immediately construct and provide free housing facilities in 
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SEC. 
9. 
The Right to Free Health Services and Medicine. - The 
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Department of Health, through its regional offices of national and provincial or 
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local hospitals, shall develop and implement a system of free delivery of health 
pre-determined development or resettlement sites. 
In all cases, the Government, in ensuring the exercise and enjoyment of 
this right of the poor, shall put in place a system of simple requirement and 
procedures and expeditious processing and approval. 


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services and medicine to the poor. The availment of this right of the poor shall 
be limited to the locality where they permanently reside. 
Government medical and health insurance program under existing laws 
shall increase, expand and liberalize their coverage so as to include free basic 
health services and medicine to the poor. 
SEC. I O .  Ofher Rights of fhe Poor. - All other rights and benefits for the 
poor provided under existing laws shall remain in full force and effect. Nothing 
herein shall be construed to diminish the enjoyment of such rights by the poor 
who shall have the right to avail of the greater rights or benefits offered by 
existing laws, including those granted under this Act. 
SEC. 11. Funding Requirements. - To carry out the provisions of this 
Act, the following amounts are appropriated as follows: 
(1) 
The sum of Fifty Million Pesos (P50,000,000.00) as initial 
operating fund is hereby appropriated out of any available funds in the National 
Treasury. The amount necessary in subsequent years to help implement this 
Act shall be included in the annual appropriation of the NEDA. 
(2) 
Twenty percent (20%) of the share of the national government 
in the earnings of the PAGCOR. 
(3) 
Twenty percent (20%) of the share of the national government 
in all lotteries conducted by the Philippine Charity Sweepstakes Office. 
(4) 
Fifty percent (50%) of the share of the government in the 
proceeds from sale or disposition of sequestered assets, 
(5) 
Fifty percent (50%) of the proceeds from the sale or disposition 
by public auction of goods or articles forfeited in favor of the government by the 
Bureau of Customs. 
The share from the PAGCOR, the PCSO, the sale of sequestered assets 
and forfeited goods and article, as above-provided, shall be directly remitted to 
the NEDA on a quarterly basis for its disposition in accordance with this Act. 


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SEC. 
12. Rational Allocation Funds. - The National Economic and 
Development (NEDA) shall be principally responsible for the efficient and rational 
allocation of available funding requirements as may be needed by the different 
government departments and agencies in implementing the rights of the poor. 
SEC. 13. lmplementing Rules. - The NEDA, in coordination with the 
government departments and agencies concerned, shall promulgate rules and 
regulations to carry out the provisions of this Act within three (3) months from its 
effectivity. The rules shall set priority target areas for the initial implementation of 
this Act with the end in view of ensuring the successful replication of the program 
nationwide. 
SEC. 14. Compliance Report. - The NEDA, in coordination with all 
government department and agencies concerned, shall within six (6) months, 
from the effectivity of this Act and every six (6) months thereafter, submit a report 
to Congress on the compliance with the provisions of this Act. 
SEC. 15. Separability Clause. - If any provisions of this Act is declared 
unconstitutional, the other provisions not affected thereby shall remain in full 
force and effect. 
SEC. 
16. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or parts thereof which are inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
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SEC. 17. Effecfivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved ,