:>!;;. 
Y" 
OI'I'ICE or: THL SEeRI': U,RY 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
'S. NO. 17 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
In 2006, almost 27.6 million people lived below the poverty threshold in the Philippines. This 
represents 26.9% of Philippine families and 32.9% of the population. Additionally, 44% of the 
population subsisted on US$2 or less a day according to international data. The recent increase of 
food prices is estimated to push another 2.7 million people into poverty 1 Given this situation, 
long term measures, strategies and solutions for poverty reduction should be put in place. 
While there may be existing laws touching on the need of the poor as part of an overall national 
strategy to alleviate poverty, this proposed legislation states what is felt to be the basic 
irreducible rights of the poor as essential requirements towards poverty alleviation. 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. These are 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. 
In view of the foregoing, the immediate passage ofthis measure is earnestly requested. 
1 Data retrieved from hUp:llwww.ausaid-ov.aulcountrv/counttll.cfin?CountryIlD 0=03 June 16, 2008. 
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:).f.,:,,1. • J ;'f 
FIFTEENTH CONGRESS OF THE 
) 
OffiCE OF n"~ SEGR!: fAR'( 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
1iJ Jill-I 
i~';:n 
1 
2 
SENATE 
S. NO. 17 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT PROVIDING FOR A MAGNA CARTA OF THE POOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the "Magna Carta of the Poor". 
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SEC. 2. Declaration of Policy.- It is the declared policy of the State to uplift the standard 
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ofliving and quality oflife of the poor and provide them with sustained opportunities for growth 
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and development. Every poor Filipino family must be empowered to meet their minimum basic 
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needs, through the partnership of the government and the basic sectors. It is likewise vital that 
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the State complies with 
its international obligations to eradicate poverty, such as our 
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commitment to achieve the Millennium Development Goals which include the eradication of 
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extreme poverty and hunger, achievement of universal primary education, promotion of gender 
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equality and empowerment of women, reduction of child mortality, improvement of maternal 
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health, combating HlV f AIDS, malaria and other diseases, ensuring environmental sustainability 
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and development of a global partnership for development. 
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To attain the foregoing policy: 
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(a) Government must prioritize investments in anti- poverty programs to enable the poor to 
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participate responsibly in the country's growth and development; 
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(b) All government departments, agenCIes and instrumentalities must provide full access to 
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government services for the poor; 
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(c) Government interventions must be strengthened to address the genuine concerns of the poor, 
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while long- term strategies and solutions for the empowerment of the poor are being put in 
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place; and 
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(d) The capabilities and competencies of the basic sectors, the non-government organizations 
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(NGOs) and people's organizations (POs), as partners of the government for the effective 
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delivery and implementation of a wide range of anti- poverty programs and basic services, shall 
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be enhanced and promoted. 
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SEC. 3. Definition of terms. - As used in this Act, the following terms are hereby 
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defined: 
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(a) Poor shall refer to individuals or families whose income fall below the poverty threshold as 
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defined by the National Economic and Development Authority (NEDA) and/or cannot afford to 
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provide their minimum basic needs of food, health, education, housing and other essential 
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amenities in a sustained manner; 
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(b) Basic sectors shall refer to the disadvantaged sectors of Philippine society, namely: farmer-
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peasants, artisanal fisherfolks, workers in the formal and informal sectors, migrant workers, 
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indigenous people and cultural communities, women, differently-abled persons, senior citizens, 
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victims of calamities and disasters, youths, students, children and the urban poor; 
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( c) Hazardous or danger zones shall refer to areas which when occupied for residential purposes 
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actually pose a danger to the life and safety of the occupants or ofthe general community. 
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(d) People's organization (PO) shall refer to any recognized or accredited self- help association 
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or cooperative of the basic sectors or disadvantaged groups composed of members having a 
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common bond of interest, who voluntarily join together to achieve a lawful common social and 
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economic end. 
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SEC. 4. Basic Rights of the Poor. - The poor shall have the following rights, the 
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enjoyment of which is an essential step towards poverty alleviation: (a) the right to food; (b) 
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right to employment and livelihood; (c) the right to quality education; (d) the right to shelter; and 
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( e) the right to basic health services and medicines. 
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The government shall, as a matter of duty and obligation, provide the requirements, conditions 
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and opportunities for the full etYoyment of these rights of the poor, and which the poor can 
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demand as a matter of right. 
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4.1. The Right to Food.- The Department of Social Welfare and Development (DSWD) 
shall expand a program of subsidy to help the poor 
meet their minimum food 
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requirements. 
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To help ensure the implementation of the food assistance program, all food items and 
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food products, including rice, corn, sugar and other prime commodities, seized and 
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forfeited with finality in favor of the government for violations of customs laws shall be 
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automatically transferred to and/ or turned over to the DSWD for proper disposition. 
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The DSWD, in coordination with the Department of Agriculture (DA), shall develop 
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plans and projects to complement existing food subsidy programs of the government so 
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that the poor can engage in productive activities. These shall promote food self-
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sufficiency among the poor. 
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4.2. The Right to Employment and Livelihood.- The Department of Labor 
and 
Employment (DOLE), in coordination with the pas, National Anti- Poverty Commission 
(NAPC), Local Government Units (LGUs), and relevant government agencies and 
government financial institutions, shall primarily be responsible for providing facilitation 
assistance to the poor to ensure better access to livelihood opportunities and employment 
openings in private enterprises and in government programs and projects. The DOLE and 
other concerned government agencies are likewise tasked to address the emergency 
employment needs of displaced families. 
In the hiring of workers needed for the implementation of government infrastructure 
projects and/or government-funded contracts or government-assisted undertakings, it 
shall be mandatory to prioritize qualified laborers from the poor sector who are residents 
ofthe LGUs where the project is located, as provided in the implementing rules. 
4.3. The Right to Quality Education.- The right of the poor to free public elementary and 
secondary education shall not be impaired. 
The right to education shall include access to quality education at the college level. 
Consistent with the government's goal of providing socialized college education, 
including the student loans or study-now-pay-Iater plans, programs on education shall be 
expanded in state/local/private universities and colleges, as well as higher education 
institutions: Provided, That the students qualify and maintain good academic standing: 
Provided, further, That the students enroll in priority courses, as determined by the 
Commission on Higher Education (CHED). 
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It shall also include the right to avail of quality technical vocational education and 
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training through scholarships, subsidies and financial assistance, to ensure access to 
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decent and productive employment. 
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At least five percent (5%) discount shall be granted by establishments that sell reference 
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books for college and school supplies to poor but deserving students, subject to the 
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guidelines to be issued by CHED: Provided, That these establishments may claim the 
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cost as allowable tax deduction from the gross income in the computation of their income 
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tax in accordance with the provisions of the National Internal Revenue Code of 1997, as 
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amended. 
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The Department of Education (DepED), CHED and the Technical Education and Skills 
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Development Authority (TESDA), in coordination with government agencies concerned, 
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shall ensure the full enjoyment ofthe poor of the right to education. 
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4.4. The Right to Shelter. - The right of the poor to decent housing shall not be abridged. 
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The government shall develop and implement a housing program for the poor which shall 
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include a well- targeted and responsive subsidy scheme that will provide decent housing 
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with the least financial burden. 
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In all cases, the government, in ensuring the exercise and enjoyment of the right of the 
poor, shall put in place a system consisting of simple requirements and procedures, and 
expeditious processing and approval. 
The government, through the Housing and Urban Development Coordinating Council 
(HUDCC) and the National Housing Authority (NHA), in coordination with the LGUs, 
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shall prioritize the implementation of the socialized housing and resettlement for the poor 
specially those residing in hazardous or danger zones. 
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The implementers of the socialized housing and resettlement programs shall enjoy the 
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incentives stated in Section 20 of Republic Act No. 7279, otherwise known as the "Urban 
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Development and Housing Act of 1992". 
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4.5. The Right to Basic Health Services and Medicines.- The LGUs shall ensure and 
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promote the health of their populace in a rational manner, including the availability of 
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quality primary healthcare services and access to secondary and tertiary healthcare 
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services and public healthcare programs. 
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The Department of Health (DOH) shall provide the highly specialized level of quality 
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health care in a rational manner as well as technical assistance to LGUs, POs and other 
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members of civil society in effectively implementing programs, projects and services that 
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will promote the health and well- being of every Filipino, especially the poor. 
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The Philippine Health Insurance Corporation (philHealth), in coordination with the DOH, 
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shall ensure that every Filipino, especially the poor, is covered and entitled to an adequate 
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package of health services. The out-of-pocket expenses of every Filipino, especially the 
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poor, shall be substantially reduced, with the end view of totally eliminating such 
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expenses. The current payment and enrollment mechanisms shall also be reformed. 
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The DOH, LGUs and Philhealth shall define an expanded primary health package that 
every citizen is entitled't6 and can readily avail of Clear responsibilities must be defined 
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and allocated between the three partners, ensunng also that services provided are 
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consistent with the epidemiological profile and population needs. 
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4.6. Other Rights of the Poor. - All other rights and benefits for the poor provided under 
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existing laws shall remain in fuli force and effect. Nothing herein shall be construed to 
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diminish the enjoyment of such rights by the poor who shall have the right to avail of the 
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greater rights or benefits offered by existing laws, including those granted under this Act. 
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SEC. 5. Systemfor Targeting ofBeneficiaries.- The DSWD, in coordination with NAPC 
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and other relevant government agencies, LGUs, NGOs and POs, shall come up with a single 
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system of classification to be used for targeting beneficiaries of the government's anti-poverty 
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programs and projects to ensure that such programs reach the intended beneficiaries. 
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SEC. 6. Funding Requirements. - The funding for the pro- poor programs and projects 
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implemented under this Act shall be taken from the appropriate programs of the relevant 
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agencies, guided by the Medium Term Expenditure Framework which they develop and submit 
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to the Department of Budget and Management (DBM). 
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Deficiencies in the existing appropriations of the pro-poor programs in the different departments 
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and agencies shall be included in the General Appropriations Act of the year following the 
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enactment of this Act and thereafter. 
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SEC. 7. Rational Allocation of Funds. - The National Economic and Development 
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Authority (NEDA), in relation with NAPC, shall be principally responsible for the efficient and 
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rational allocation of available funding requirements as may be needed by the different 
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government departments and agencies in implementing the rights of the poor. 
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SEC. 8. Private Sector Participation. - The private sector is highly encouraged to be an 
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active partner for the empowerment ofthe basic sectors. 
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As such, the DSWD, DOLE, DepEd, DOH, NAPC, DA, CRED, TESDA, HUDCC, NHA are 
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hereby authorized to solicit donations, aids or grants, in cash or in kind, from whatever source, 
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al).d/or enter partnerships with private/public institutions to meet the demands of the basic rights 
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to food, employment and livelihood, quality education, shelter, basic health services and 
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medicine, and other rights. 
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SEC. 9. Tax Exemptions. - Any donation, contribution or grant which may be made to 
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the programs and projects entered into pursuant to this law shall be exempt from the donor's tax 
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and the same shall be considered as allowable deduction from the gross income in the 
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computation of the income tax of the donor in accordance with the provisions of the "National 
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Internal Revenue Code of 1997", as amended. 
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SEC. 10. Role of the Local Government Unit - LGUs shall be responsible for the 
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formulation and implementation oflocal anti-poverty programs and projects in their jurisdictions 
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and ensure that these are consistent with, and complementary to, national programs and projects 
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set forth in the basic rights of the poor as provided in Section 4 of this Act. 
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SEC. 11. Joint Congressional Oversight Committee.- There is hereby created a joint 
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congressional oversight committee to monitor the implementation of this Act, including the 
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achievement of the Millennium Development Goals, The committee shall be composed of five 
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(5) senators and five (5) representatives to be appointed by the Senate President and the Speaker 
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of the House of Representatives, respectively. The oversight committee shall be co-chaired by a 
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senator and a representative designated by the Senate .President and the Speaker of the House of 
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Representatives, respectively. 
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The mandate given to the joint congressional oversight committee under this Act shall be without 
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prejudice to the performance of the duties and functions by the respective existing oversight 
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committees of the Senate and the House of Representatives. 
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SEC. 12. Implementing Rules. - The NAPC, incoordination with the government 
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departments and agencies, shall promulgate rules and regulations to carry out the provisions of 
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this Act within three (3) months from its effectivity. The rules shall set priority target areas for 
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the initial implementation of this Act, with the end in view of ensuring the successful replication 
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of the program nationwide. 
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SEC. 13. Compliance Report. - The NAPC, in coordination with all government 
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departments and agencies concerned, shall within six (6) months, from the effectivity of this Act 
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and every six (6) months thereafter, submit a report to Joint Congressional Oversight Committee 
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on the compliance with the provisions of this Act. 
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SEC. 14. Separability Clause. - If any provision of this Act is declared unconstitutional, 
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the other provisions not affected thereby shall remain in full force and effect. 
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SEC. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts 
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thereof which are inconsistent with the provisions of this Act are hereby repealed or modified 
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accordingly. 
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SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
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two (2) national newspapers of general circulation. 
Approved, 
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