Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

6237

House Bill No.

Introduced by Hon. Delphine Gan Lee

EXPLANATORY NOTE

The Filipino people are known throughout the world as a warm and welcoming
people. When it comes to emergency situations however, most would tend to tread lightly or
‘not at all for fear of the fact that they might make the situation worse or be held responsible
for the situation itself. Through legislation, we hope to encourage volunteerism and protect
those willing and able to help in emergency situations through the enactment of this bill.

A good samaritan is defined as a person who voluntarily gives help to those in need
and in distress. It is also defined as a person who helps others especially strangers without
any ulterior motive other than to help those in need.

For the purpose of this bill, a good samaritan is defined to be an individual performing
volunteer service who does not receive compensation to reasonably assist a person in case
of an emergency. When it comes to emergency situations, time is of the essence especially
when it comes to matters of public health, safety and welfare. These good samaritan’s
through this act will be protected from liability in providing reasonable assistance in an
emergency as long as the good samaritan was acting in an emergency; if appropriate or
required, the good samaritan was properly licensed, certified or authorized by the
appropriate authorities for the activities undertaken in an emergency; and the harm was not
caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights and safety of another.

The urgent passing of this bill is thus earnestly sought.

joral Representative
AGRI Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS

First Regular Session

House BilNo. O28?

Introduced by Hon. Delphine Gan Lee

AN ACT
TO ENCOURAGE GOOD SAMARITANS WHO PROVIDE REASONABLE ASSISTANCE
IN AN EMERGENCY BY PROTECTING THEM FROM LIABILITY

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

Section 1. Title. - This act shall be known as the "Good Samaritan Act of 2017"

Section 2. Declaration Policy. - It is the policy of the State to encourage samaritans who
provide reasonable assistance in an emergency by protecting them from liability.

Section 3. Definition of Terms. — The following terms shall mean:

(a) Good Samaritan — shall refer to an individual performing volunteer service who does
not receive compensation to reasonably assist a person in case of an emergency.

(b) 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.

Section 4. Liability Protection for Good Samaritans. - No good samaritans shall be liable
for harm caused by an act or omission if

(1) The good samaritan was acting in an emergency at the time of the act or omission;

(2) If appropriate or required, the good samaritan was property licensed, certified, or
authorized by the appropriate authorities for the activities undertaken in case of
emergency at the time of the act or omission; and


(3) The harm was not caused by willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the
individual harmed by the good Samaritan.

Section 5. Exceptions. - The liability protection for good samaritans under this Act shall not
apply to misconduct that:

() Constitutes a crime; or

(i) Was performed under the influence of intoxicating alcohol or any dangerous drug

at the time of the misconduct.

Section 5. Separability Clause. - Should any provision of this Act be subsequently declared
‘as unconstitutional, the same shall not affect the validity or the legality of the other
provisions.
Section 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed,
modified or amended accordingly.

Section 7. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or two (2) newspapers of general circulation in the Philippines.

Approved,