Republic of the Philippines f
HOUSE OF REPRESENTATIVES |
Quezon City
17* Congress ye
2™ Regular Session

HOUSE BILL NO. _ 6323

Introduced by: HON. JOSE ANTONIO “KUYA JONATHAN” R. SY-ALVARADO.

EXPLANATORY NOTE

Volunteering is said to be an inherent part of thriving civil society, essential to the
development and prosperity of a Nation. International bodies, such as the United Nations General
Assembly, European Parliament or Parliamentary Assembly of Europe encourage Governments to
recognize the value of volunteering and promote volunteerism.

In our country, it is well known that “Bayanihan” is a core essence of the Filipino Culture.
The tradition of Filipinos volunteering by helping out one’s neighbor as a community without
expecting anything in return should be re-established and re-affirmed. One way of showing
Bayanihan in modern times is by rendering emergency aid to an injured person on a voluntary
basis.

Therefore in order to further encourage individuals from volunteering, this bill aims to
reduce reluctance of people in helping out during emergency situations from fear of incurring
liability for unintentional injury or wrongful death.

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

JOSE ANTONIO “KUYA JONATHAN?” R. SY-ALVARADO

spresentative
t District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

17 Congress
2™ Regular Session

HOUSE BILL No._6323

Introduced by: HON. JOSE ANTONIO “KUYA JONATHAN” R. SY-ALVARADO-

AN ACT
TO ENCOURAGE EMERGENCY VOLUNTEERING BY PROTECTING
VOLUNTEERS FROM LIABILITY

Be it adopted by the Senate and the House of Representatives of the Philippines in
Congress assembles:

SECTION 1. Short Title. — This Act may be cited as the “Lingkod Bayanihan
Act”

Sec. 2. Declaration of Policy. — It is the policy of the State to encourage
emergency volunteering by protecting from liability any person who in good faith render
reasonable assistance at the scene of an accident or emergency to the victim without
remuneration or expectation of remuneration.

Sec. 3. Definitions. — For purposes of this Act.

(1)“Volunteer” refers any person who gratuitously and in good faith renders
emergency care or treatment at the scene of an emergency or accident to the
victim.

(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 good faith and such person was acting as an
ordinary reasonably prudent person would have acted under the same or
similar circumstances,

(2) was acting at the scene of an accident or in an emergency at the time of the act
or omission, and

(3) if appropriate or required, the volunteer was properly licensed, certified, or
authorized by the appropriate authorities for activities undertaken in an
emergency at the time of the act of omission.

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.

(3) result from gross negligence or wanton acts or omissions.

Sec. 6. 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. 7. 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.

See. 8. Effectivity, — This Act ¢ effect after fifteen (15) days following

the completion of its publicatjet either in the Official Gazette or in a

newspaper of general circulation in the Philippines.

Approved.

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