Republic of the Philippines
House of Representatives
Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BillNo.__5598_

Introduced by Representative EDDIEBONG G. PLAZA
2™ District, Agusan Del Sur

EXPLANATORY NOTE

The 1987 Philippine Constitution imposes an obligation to the State to recognize
the Filipino family as the foundation of the nation and a mandate to strengthen and
actively promote its total development.

Numerous social service programs has been enacted, amended, revisited and
revised to address poverty, illiteracy and other similar conditions considered as
detrimental to the total development of the Filipino families. As per survey conducted by
the Philippine Statistical Authority which was released last April 10 2019, it was shown
that in the first semester of 2018, on average, incomes of poor families were short by
26.9% of the poverty threshold while it was also recorded on the same period that the
proportion of the families who are food poor was 6.9%. These thresholds refer to the
poverty and subsistence thresholds of a household consisting of five (5) members.

This study lays out a different perspective on dealing poverty incidence
considering that its results demand an appropriate legislative measure consistent and
complementary with the existing government programs.

This Magandang Buhay Program is an innovative measure which incentivizes
legitimate spouses for having one (1) to two (2) children. The financial incentive, rice
allowance, and the annual bonus as provided herein, contributes in attaining the State's
goal in raising the standard of living of the family members while ensuring that the
children have access to education as decreed by the Constitution. Gearing towards
harnessing the Philippines’ human capital, this program is complementary with the
existing Pantawid Pamilyang Pilipino Program (4P’s) but nonetheless; the availment of


one bars the enrolment to the other. Consistent with the Constitutional right of the
spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood, this program creates an incentive-induced
environment wherein the spouses exercises their freedom to make reproductive

decisions which can have a positive impact on the reduction of the population growth of
the country.

In view of the foregoing, the approval of this bill is earnestly sought.

HON. EDDIEBONG G. PLAZA


Republic of the Philippines
House of Representatives
Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 9998

Introduced by Representative EDDIEBONG G. PLAZA
2"° District, Agusan del Sur

AN ACT ESTABLISHING MASAGANA, GANAP AT MAY DANGAL NA BUHAY NA
HAYAHAY (MAGANDANG BUHAY) PROGRAM, GRANTING INCENTIVES TO
LEGITIMATE SPOUSES HAVING ONE (1) TO TWO (2) CHILDREN AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
the Congress assembled:

SEC. 1. Short Title. This Act shall be known as “Magandang Buhay” Act.

SEC. 2. Declaration of Policy. It is the policy of the State to strengthen the solidarity of the
Filipino family and promote its total development as it is recognized as the foundation of the
nation. Its total development is facilitated by enacting policies which liberates the Filipino
families from poverty through social services which aims at raising the standard of living and
improving the quality of life of all. The State is also mandated to secure and defend the right of
the children to proper care and nutrition and against conditions which are prejudicial to their total
development.

Towards this end, the State shall enact measures compatible with existing and sound
economic development programs to attain its objectives by creating an environment wherein the
spouses exercise their freedom to make reproductive decisions which can have a positive impact
on the reduction of the population growth in the country.

SEC. 3. Definition of Terms. Whenever used in this Act, the following terms shall mean:

a) Authorized Government Depository Banks- shall refer to banking institutions


accredited and managed by the government classified as government-owned and -
controlled corporation or government financial institutions.

b)

Enrollees- refer to the legitimate spouses and their children who are eligible and
registered in the Program.

©) Legitimate spouses- refer to Filipinos whose marriages are solemnized under the
Family Code of the Philippines.

d)

Pantawid Pamilyang Pilipino Program (4P’s)- a national poverty reduction strategy

and a human capital investment program that provides conditional cash transfer to poor
households for a maximum period of seven (7) years to improve health, nutrition, and
education aspect of their lives.

©

Public Officer- refers to elective and appointive officials or any person vested with the
authority to implement and keep the records and documents pertinent in the effective
operation and application of this Program.

f) Poor- refers to households whose income is below the poverty threshold as defined by
National Economic and Development Authority (NEDA) and cannot afford to provide
the family the basic minimum requirements for food, health, shelter, education and other
necessities.

SEC. 4. Magandang Buhay Program. The Magandang Buhay Program, hereinafter referred
to, for brevity, as the “Program” is an initiative of the government to encourage Filipinos to
raise a maximum of two children by providing financial incentives, health and educational
services to the beneficiaries in order to ensure a comfortable, quality and secured life of the
family members, to guarantee that the children are provided with quality education while at the
same time contributes to the reduction of the rate of population growth in the country.

SEC. 5. Enrolment in the Program. The Department of Social and Welfare Development
(DSWD) in coordination with Philippine Statistic Authority (PSA) shall create a mechanism and
a system to accommodate and register the enrollees as provided in this Act.

The receipt of the incentives shall commence upon submission and the validation of the
requirements set forth in Section 9 during the registration and enrolment in the Program.

SEC. 6. Enrollees. Legitimate spouses with one (1) to two (2) children shall be the qualified
enrollees of the Program provided that the following qualifications are met:

a. the spouses are laborers, farmers, fisherfolks, indigenous peoples, informal settlers,
homeless families, families from geographically isolated and disadvantaged areas and
are classified as “poor”;

b. one of the spouses is employed or gainfully earning through other legal means for a
duration of at least five (5) months in a year;

c. enrolled children are single, 25 years old and below, financially dependent and living


with their parents and/or under the custody of the parents; and

d. enrolled children must attend appropriate educational institutions in accordance with
their respective age vis-a-vis level of schooling such as day care centers or
preschools, elementary, junior high school, senior high school, and in colleges or
universities.

The above-enumerated qualifications shall be continuing in character and the absence of
any one of them at any given time shall be a ground for the removal of the Program with the
exception of (d) of this provision. The failure of the enrolled children to pass a certain grade or
year level does not warrant his removal from the Program. Such that he shall not be entitled to
any incentives for the time being until he registered and admitted in the succeeding grade or year
level.

Nothing in this Act shall be understood to prevent or prohibit the enrolled children to
engage in part-time employment, received scholarship grants or to participate in student-
assistantship programs in their respective educational institutions.

SEC. 7. Financial Incentives to Enrollees. The enrollees shall be entitled to the following
incentives:

a. Financial incentives amounting to Three thousand pesos per month shall be given to
legitimate spouses having a child aged 0-2 years old;

b. Financial incentive per child enrolled in day care and pre-school institutions shall not
be lower than Three thousand pesos (P3,000.00) per month within an academic year;

c. Financial incentive per child enrolled in elementary programs shall not be lower than
Three thousand pesos (P3,000.00) per month within an academic year;

d. Financial incentive per child enrolled in junior high school shail not be lower than
Three thousand pesos (P3,000.00) per month within an academic year;

e. Financial incentive per child enrolled in senior high school shail not be lower than
Three thousand five hundred pesos (P3,500.00) per month within an academic year;

f. Financial incentive per college student enrolled in the Program shall not be lower
than Four thousand pesos (4,000.00) per month within an academic year;

g. Rice allowance which shall not be lower than Two thousand Pesos (P2,000) per
month per household; and

h. Annual Incentive Bonus amounting to Ten thousand pesos (P10, 000). The funds
necessary to cover this amount shall be sourced from the budget allotted to
Department of Social and Welfare Development and the local government units
amounting to Five thousand pesos (P5,000), respectively.

SEC. 8. Duration of the Incentives. Incentives provided under this Act shall be enjoyed by the
enrollees within the following durations:
a. children aged 3-5 years old enrolled in day care centers or preschools shall be entitled
to the incentives for a maximum of two (2) years;
b. children aged 5-13 years old enrolled in K-6 shall be entitled to the incentives for an
aggregate maximum period of seven (7) years;
c. enrolled children aged 11-16 attending junior high school shall be entitled to the


incentives for an aggregate maximum period of four (4) years;

d. enrolled children aged 16-19 in senior high school shall be entitled to the incentives
for an aggregate maximum period of two (2) years;

e. college students aged 19-25 years old shall be entitled to the incentives for an
aggregate maximum period of five (5) years; and

f. the Annual Incentive Bonus and rice allowance shall automatically cease when all the
children have graduated in college or the enrollee is removed from the Program for
the reasons provided in this Act.

SEC.9. Requirements for Entitlement. The enrollees shall comply with the following
requirements to ensure continued program eligibility:

a. Registration in the Program through the Department of Social Welfare and
Development (DSWD);

b. Legitimate spouses and their children, whether adopted, legitimate, legitimated, shall
submit themselves in a bi-annual check- up free of charge in government hospitals or
in their respective barangay clinics, as the case may be;

c. Pregnant women must avail the pre-natal services, receive post-partum and post-natal
care for her newborn evidenced by health records;

d. The children and newboms must receive health services including immunizations,
vaccinations, deworming, among others;

e. Submission of birth certificates of the children to DSWD;

f. Submission of the appropriate documents evidencing the children’s registration in

educational institutions;

. Submission of marriage certificates for married couples;

|. Submission of certificate of employment/service record of either of the enrollees or

barangay certification for self-employed; and

i. Continued possession of the qualifications set forth in Section 6 of this Act.

SEC. 10. legitimate Children. The existence of an illegitimate child/ children shall invalidate
the eligibility of either or both of the two (2) enrolled children, as the case may be, if his or her
birth is due to an adulterous and/or illicit relationship or bigamous marriage.

SEC. 11. Inconsistent with 4p’s. The Mabuhay Program is hereby declared inconsistent with
Pantawid Pamilyang Pilipino Program wherein the availment of one bars the registration in the
other. The beneficiaries of the Pantawid Pamilyang Pilipino Program (4P 8) shall be unqualified
to avail the Program unless they express their intent to DSWD to expunge their names in the 4P's
program. The DSWD shall, thereafter, remove their names and enroll the same in this Program,
provided that the requirements and qualifications set forth in this Act are satisfied. Their
enrolment in this Program shall automatically terminate the payment authorized under the 4P’s
Program.

SEC. 12. Removal from the Program. In no case shall the legitimate spouses be allowed to
continue to fully avail the incentives provided in this Act upon the birth of a third child.

This Act shall observe the first come, last out policy. The birth of the third child shall


remove the second child (2nd) from the Program. Likewise, the birth of the fourth child shall
disallow the remaining child’s availment of the benefits and in effect, the removal of the
household from the Program.

SEC. 13. Transfer of Financial Incentives. The Department of Social Welfare and Development
(DSWD) shall provide the beneficiaries a secured and direct access to the incentives through any
Authorized Government Depository Banks (AGDBs).

SEC. 13. Monitoring and Reporting of the Program. The Department of Social Welfare and
Development (DSWD) is mandated to report on the implementation of the Program, report its
status at least once every year and shall publish the same in its website. It shall submit to the
Congress its recommendations which shall be forwarded to the President with the inclusion of
the latter's observation and recommendation based thereof.

SEC.15. Independent Monitoring Committee. There shall be an independent monitoring
committee at the municipal and provincial levels, composed of the representatives from the
LGU, private sectors and non-government organizations which shall complement DSWD's
monitoring activities. A report shall also be submitted relative to the implementation of the
Program by the aforementioned agency to the Congress as requested by the latter.

SEC.16, Penalties. Any person who, by act or omission, makes, inserts, or allows the insertion
any false information in the system to grant to people, not otherwise eligible, the financial
incentives and other benefits in this Act , shall be penalized by imprisonment of not less than six
(6) months but not more than one (1) year, or a fine of not less than ten thousand (P10,000) but
not more than one hundred thousand (P100,000) or both, at the discretion of the court. Any
public official found guilty of these acts shall be subjected to administrative sanctions without
prejudice to prosecution in the proper courts where an accessory penalty of temporary
disqualification to hold public office may be imposed, if proper.

Any person, whether in connivance with a public officer or not, who by acts and
omissions allows and permits a person, or group of persons to avail the benefits of Pantawid
Pamilyang Pilipino Program (4P's) and Magandang Buhay Program at the same time, shall be
penalized by imprisonment of not less than one (1) year but not more than six (6) years and shall
pay the amount received in both programs including the interests and fifty thousand pesos
(P50,000) as liquidated damages. Administrative sanctions shall be imposed to any public
officials found guilty of these acts without prejudice to the prosecution in the proper court.

SEC. 17. Appropriations. The amount necessary to carry out the provisions of this Act shall be
charged against in the General Appropriations Act.

SEC. 18. Implementing Rules and Regulations. Within six (6) months after the effectivity of
this Act, the Department of Social and Welfare Development in coordination with the local
government units shall promulgate the necessary rules and regulations for the effective
implementation of the provision of this Act.

SEC.19. Separability Clause. If, for any reason, any part or provisions of this Act is declared


invalid or unconstitutional, the remaining parts or provisions not affected shall remain in full
force and effect.

SEC.20.Repealing Clause. All laws, presidential decrees, executive orders and rules and
regulations contrary or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC.21. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.