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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Second Regular Session 
Introduced by Senator Miriam Defensm Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5 provides: 
The maintenance of peace and order, the protection of life, liberty and 
property, and the promotion of the general welfare are essential for the enjoyment 
by all the people of the blessings of democracy. 
Police power is the plenary power vested in the legislature to make statutes and 
ordinances to promote the health, morals, peace, education, good order or safety and general 
welfare of the people. This power flows from the recognition that salus populi est suprema lex 
(the welfare of the people is the supreme law). 
In the exercise of the police power, the government may enact legislation that may 
interfere with personal liberty, property, lawful businesses, and occupations to promote the 
general welfare. However, the interference must be reasonable and not arbitrary. And to 
forestall arbitrariness, the methods or means used to ‘protect public health, morals, safety or 
welfare must have a reasonable relation to the end in view. 
This Act is an exercise of the police power of the State to promote the general welfare, 
particularly the welfare of destitute members of society, by providing for the establishment of 
welfare homes throughout the country under the control and supervision of the Secretary of 
Social Welfare and Development. 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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ESTABLISHING WELFARE HOMES FOR DESTITUTE PERSONS 
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Congress assembled: 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
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SECTION 1. Short Title. - This Act shall be known as the “Destitute Persons Act.” 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
(a) 
to give highest priority to the protection of the right of all persons to human 
dignity and guarantee full respect for human rights; and 
(b) 
to promote the general welfare and a just and dynamic social order by providing 
for the care and rehabilitation of destitute persons as defined in this Act. 
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SECTION 3. Definitions. - In this Act, the term - 
(a) “destitute person” means - 
(1) any person found begging in a public place; or 
(2) any idle person found in a public place, whether or not he or she is begging, who 
has no visible means of subsistence or place of residence or is unable to give a 
satisfactory account of himself or herself; 
For the purposes of this Act, a person shall be deemed to be begging if his or her conduct 
is calculated to induce the giving of alms, whether or not there is any pretence of singing, 
playing, performing, offering anything for sale or otherwise. 
@) “Secretary” means the Secretary of Social Welfare and Development; 
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(c) 
“public place” includes any place to which the public is admitted without payment 
or on payment; 
(d) 
“superintendent” means a person having the management or control of any 
welfare home established under the provisions of, and for’the purposes of, this Act; 
(e) 
“welfare home” means any institution or past thereof lor the reception, care, and 
rehabilitation of destitute persons established under the provisions of, and for the purposes of, 
this Act. 
SECTION 4. Power to require a destituteperson to reside in a weyare home. - (a) Any 
public officer under the Department of Social Work and Development (DSWD), acting pursuant 
to official written instructions from the Secretary or an authorized representative of the latter, 
may take in his or her charge any destitute person and deliver him or her to the custody of the 
Secretary. 
(b) If the Secretary has reasonable cause to believe that any person so delivered into his 
or her custody has no visible means of subsistence, he or she may arrange for that person to be 
temporarily admitted into a welfare home until an inquiry has been held by him or her. 
(c) Every inquiry shall be completed within a period of thirty (30) days from the date of 
that person’s admission into a welfare home. Such inquiry may be extended upon the discretion 
of the Secretary for a period not exceeding thirty (30) days. 
(d) If after holding such inquiry the Secretary is satisfied that that person is a destitute 
person within the meaning of this Act, he or she may by order require that person to reside in a 
welfare home. 
SECTION 5. Voluntay admission into a welfare home. - Any destitute person who 
voluntarily seeks admission into a welfare home shall be required to undertake that, if admitted, 
he will abide by the conditions of admission imposed under this Act or any rules made 
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hereunder. 
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SECTION 6. Taking of finger impressions and photographs. - (a) The Secretary may 
authorize the taking of finger impressions and photographs of any destitute person residing in a 
welfare home. 
(b) Subject to paragraph (c), after the expiry of two years from the date of discharge of a 
destitute person from a welfare home, the Secretary shall, on the application from that person, 
deliver to him the sheet upon which his or her finger impressions have been made together with 
the negatives and copies of photographs taken of him or her, and if no such application is 
received after the said period of two (2) years and before the expiry of three (3) years from the 
date of discharge, those records shall be destroyed. 
(c) The Secretary may retain three (3) copies of the photographs taken of the destitute 
person for maintaining a register of destitute persons admitted to an discharged from welfare 
homes. 
SECTION 7. Power to establish weyare homes. - (a) The Secretary may establish 
welfare homes at such places as he or she thinks proper within the country for the reception, 
care, and rehabilitation of destitute persons in accordance with the provisions of this Act. 
(b) The Secretary may appoint superintendents and other officers for the management of 
such welfare homes. 
(c) Every superintendent or officer shall be deemed to be a public officer within the 
meaning of the Revised Penal Code. 
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SECTION 8. Board of Visitors. - (a) In each city or province where a welfare home is 
located, the Secretary shall appoint a Board of Visitors composed of one (1) representative each 
from the Commission of Human Rights; an accredited nongovernment organization whose main 
advocacy is huinan rights, poverty alleviation, or a similar advocacy; the religious organization 
with the largest denomination in the city or province; a university in the area, preferably a state 
university; and the local media in the area. 
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refer to it. 
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thinks fit. 
(b) The Board of Visitors shall advise and make recommendations to the Secretary on all 
matters pertaining to the welfare of the residents and such other matters as the Secretary may 
(c) A Board of Visitors may be appointed for one or more welfare homes as the Secretary 
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SECTION 9. Rules for the management of welfare homes. - The Secretary may make 
rules - 
(a) prescribing the constitution and functions of the Boards of Visitors; 
(b) regulating the management of welfare homes and the admissions of persons thereto; 
(c) for the care, monitoring, and rehabilitation of persons residing in welfare homes; 
(d) prescribing the forms to be used for the purposes of this Act; and 
(e) for carrying out the purposes of this Act. 
SECTION 10. Review Committee. - (a) The Secretary shall appoint a Review Committee 
composed of a licensed psychologist, a registered social worker, and the superintendent of the 
welfare home or his or her authorized representative. 
(h) The Review Committee shall review the case of every resident at intervals of not 
more than twelve (12) months to assess his or her suitability for discharge from the welfare 
home. 
(c) A Review Committee may be appointed for one or more welfare homes as the 
Secretary thinks fit. 
(d) The Review Committee shall have the power to reconimend to the Secretary that any 
resident may be discharged from a welfare home either conditionally or unconditionally. 
SECTION 11. Dischargefrom welfare homes. - Any person admitted to a welfare home, 
either on his or her own application or otherwise, may be discharged by the Secretary either 
conditionally or unconditionally on the advice of the Review Committee. 
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SECTION 12. Discharge to the care of a relative or other person. - (a) Whenever any 
relative or a friend of a destitute person who, in the opinion of the Secretary, is willing and able 
to provide care and support for the destitute person, desires that the destitute person be 
discharged from a welfare home to his or her care and support, the Secretary shall, upon the 
application of the relative or friend and on giving security to the satisfaction of the Secretary that 
the destitute person will be properly taken care of and that he or she will ensure the person’s 
compliance with any condition of discharge from the welfare home, order that person to be 
discharged to the care of the relative or friend. 
(b) Where for any reason the care and support of the relative or friend for the destitute 
person ceases, the relative or friend shall inform the Secretary in writing within twenty-four (24) 
hours of the cessation of such care and support. 
(c) Any person, having undertaken the care and support of a person discharged from a 
welfare home, who fails to inform the Secretary in writing twenty-four (24) hours of his or her 
ceasing to care and support for such discharged person shall be guilty of an offense and shall be 
liable on conviction to a fine not exceeding five thousand pesos (P5,OOO.OO) or to imprisonment 
for a term not exceeding two (2) months. 
SECTION 13. Persons in a welfare home may be required to work. - (a) Any person 
residing in a welfare home may be required to engage in any suitable work, for which the 
medical officer of the home certifies him or her to be capable, either with a view to fitting him or 
her for an employment outside the welfare home or with a view to contributing to his or her 
maintenance in the welfare home. 
(b) Any person residing in a welfare home who attends work outside the welfare home 
shall be deemed, while engaged in such employment, to be resident of the welfare home. 
SECTION 14. Persons in a welfare home may be sent to hospital. - Any person residing 
in a welfare home may, if so directed by the medical officer of the home, be sent to a hospital or 
other medical institution for treatment, and shall be deemed while receiving such treatment to be 
a resident of the welfare home. 
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SECTION 15. Power to transfer persons in weyare homes. - Any person residing in a 
welfare home may, if so directed by the Secretary, be removed from the welfare home and 
admitted to another welfare home. 
SECTION 16. Penalty for escape from lawful custody of werare home. - Any person 
who - 
(a) without permission of the superintendent, leaves a welfare home in which he or she is 
required to reside in accordance with section 4 or to which he 3r she has been admitted on his or 
her own application under section 5; or 
(b) having obtained such permission left a welfare home for a limited time or for a 
specified purpose, fails to return at the expiration of such time or when such purpose has been 
accomplished or found to be impracticable, 
shall be guilty of an offense and shall be liable on conviction to imprisonment for a term 
not exceeding six (6) months. 
SECTION 17. Penalty for behaving in a disorderly manner. - Any person residing in a 
welfare home who - 
(a) takes part in any assault or attack on any officer of the welfare home; 
(b) aggravates or repeatedly assaults any other person residing in the welfare home; or 
(c) willfully destroys any property of the welfare home, 
shall be guilty of an offense and shall he liable on conviction to imprisonment for a term 
not exceeding two (2) years. If the act or acts constituting the offense is punishable under the 
Revised Penal Code or other special laws, the offender shall be prosecuted for the offense with 
the heavier penalty. 
SECTION 18. Return to weyare home after serving sentence. - A person who has 
completed serving a sentence imposed on him or her under section 17 shall be returned to a 
welfare home, and the Secretary shall have the power to take such person into custody for this 
purpose after he or she has served his or her sentence. 
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SECTION 19. Discharge. - The Secretary may at any time order any person admitted to 
a welfare home to be discharged. 
SECTION 20. Authorization of Appropriations. - To carry out the provisions of this Act, 
there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
A pilot welfare home must be established within two (2) years after the effectivity of this 
Act. 
SECTION 21, Reportorial requirement. - Within two (2) years after the establishment of 
the pilot welfare home, the Secretary shall submit a report to Congress on the costs and means to 
impleinent the provisions of this Act. Thereafter, the Secretary shall submit an annual report to 
Congress. 
SECTION 22. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 23. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 24. Effectivity Clause. - This Act shall take e€fect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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