SIXTEENTH CONGHESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
DEC" 
P2:54 
SEN"";2~ 0 9 
s. No. ---
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING WELFAHE HOMES FOR DESTITUTE PERSONS 
EXPLANATORY NOTE 
The Constitution, Aliic\e 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, 
particulmly 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. * 
• This bill was originally filed in the Fourteenth Congress. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
DEC 11 
P2:54 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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ESTABLISHING WELFARE HOMES FOR DESTITUTE PERSONS 
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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-
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(a) 
To give highest priority to the protection of the right of all persons to human 
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. dignity and guarantee full respect for human rights; and 
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(b) 
To promote the general welfare and a just and dynamic social order by providing 
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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 -
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(a) 
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"Destitute person" means -
(I) 
(2) 
any person found begging in a public place; or 
any idle person found in a public place, whether or not he or she is 
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begging, who has no visible means of subsistence or place of residence or 
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is unable to give a satisfactory account of himself or herself; 
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For the purposes of this Act, a person shall be deemed to be begging if his or her conduct 
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is calculated to induce the giving of alms, whether or not there is any pretence of singing, 
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playing, performing, offering anything for sale, or otherwise. 
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(b) 
"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 
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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 part thereof for the reception, care, and 
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rehabilitation of destitute persons established under the provisions of, and for the purposes of; 
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this Act. 
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SECTION 4. Power to Require a Destitute Person to Reside in a Welfare Home. - (a) 
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Any public officer under the Department of Social Work and Development (DSWD), acting 
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pursuant to official written instructions from the Secretary or an authorized representative of the 
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latter, may take in his or her charge any destitute person and deliver him or her to the custody of 
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the Secretary. 
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(b) 
If the Secretary has reasonable cause to believe that any person so delivered into 
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his or her custody has no visible means of subsistence, he or she may arrange for that person to 
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be temporarily admitted into a welfare home until an inquiry has been held by him or her. 
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(c) 
Every inquiry shall be completed within a period ofthirly (30) days from the date 
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of that person's admission into a welfare home. 
Such inquiry may be extended upon the 
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discretion of the Secretary for a period not exceeding thirty (30) days. 
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(d) 
If after holding such inquiry the Secretary is satisfied that that person is a destitute 
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person within the meaning of this Act, he or she may by order require that person to reside in a 
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welfare home. 
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SECTION 5. Voluntary Admission to a Welfare Home. - Any destitute person who 
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voluntarily seeks admission into a welfare home shall be required to undertake that, if admitted, 
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. 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. Power to Establish Welfare Homes. - (a) The Secretary may establish 
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welfare homes at such places as he or she thinks proper within the country for the reception, 
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care, and rehabilitation of destitute persons in accordance with the provisions of this Act. 
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(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. 
SECTION 7. 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 human 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. 
(b) 
The Board of Visitors shall advise and make recommendations to the Secretary on 
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all matters pertaining to the welfare of the residents and such other matters as the Secretary may 
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refer to it. 
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(c) 
A Board of Visitors may be appointed for one or more welfare homes as the 
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Secretary thirties lit. 
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SECTION 8. Implementing Rules and Regulations. - Within ninety (90) days from the 
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effectivity of this Act, the Secretary shall promulgate the rules and regulations to implement this 
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Act. These rules and regnlations shall include, but not be limited to, the following-
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(a) 
(b) 
(c) 
(d) 
The constitution and functions of the Boards of Visitors; 
The management of welfare homes and the admissions of persons thereto; 
The care, monitoring, and rehabilitation of persons residing in welfare homes; and 
The forms to be used for the purposes of this Act. 
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SECTION 9. Review Committee. - (a) The Secretary shall appoint a Review Committee 
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composed of a licensed psychologist, a registered social worker, and the superintendent of the 
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welfare home 01' his 01' her authorized representative. 
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(b) 
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 recommend to the Secretary that 
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any resident may be discharged from a welfare home either conditionally or unconditionally. 
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SECTION 10. Discharge ji'om Welfare Homes. - Any person admitted to a welfare 
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home, either on his or her own application 01' otherwise, may be discharged by the Secretary 
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either conditionally or unconditionally on the advice of the Review Committee. 
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SECTION II. Discharge to the Care of a Relative or Other Person. - (a) Whenever any 
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relative 01' a friend of a destitute person who, in the opinion of the Secretary, is willing and able 
16. to provide care and support for the destitute person, desires that the destitute person be 
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discharged from a welfare home to his 01' her care and support, the Secretary shall, upon the 
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application of the relative or friend and on giving security to the satisfaction of the Secretary that 
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the destitute person will be properly taken care of and that he or she will ensure the person's 
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compliance with any condition of discharge from the welfare home, order that person to be 
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discharged to the care of the relative or friend. 
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(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 
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liable on conviction to a fine not exceeding five thousand pesos (P5,000.00) 01' to imprisonment 
2 
for a term not exceeding two (2) months. 
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SECTION 12. Persons in a Welfare Home may be Required to Work. - (a) Any person 
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residing in a welfare home may be required to engage in any suitable work, for which the 
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medical officer of the home certifies him or her to be capable, either with a view to fitting him or 
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her for an employment outside the welfare home or with a view to contributing to his or her 
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maintenance in the welfare home. 
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(b) 
Any person residing in a welfare home who attends work outside the welfare 
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home shall be deemed, while engaged in such employment, to be resident of the welfare home. 
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SECTION 13. Persons in a Welfare Home may be Sent to Hospital. - Any person 
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residing in a welfare home may, if so directed by the medical officer of the home, be sent to a 
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hospital 01' other medical institution for treatment, and shall be deemed while receiving such 
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treatment to be a resident of the welfare home. 
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SECTION 14. Power to Transfer Persons in Welfare Homes. - Any person residing in a 
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welfare home may, if so directed by the Secretary, be removed from the welfare home and 
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admitted to another welfare home. 
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SECTION 15. Penalty for Escape fi'om Lawful Custody of Welfare Home. - Any person 
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who-
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(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 or she has been admitted on 
his or her own application under section 5; or 
(b) 
I-laving 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, 
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shall be guilty of an offense and shall be liable on conviction to imprisonment for a term not 
exceeding six (6) months. 
SECTION 16. 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) 
Wilfully destroys any property of the welfare home, 
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shall be guilty of an offense and shall be liable on conviction to imprisonment for a term not 
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exceeding two (2) years. If the act or acts constituting the offense is punishable under the 
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Revised Penal Code or other special laws, the offender shall be prosecuted for the offense with 
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the heavier penalty. 
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SECTION 17. Return /0 Welfore Home afier Serving Sentence. - A person who has 
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completed serving a sentence imposed on him or her under section 16 shall be returned to a 
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welfare home, and the Secretary shall have the power to take such person into custody for this 
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purpose after he or she has served his 01' her sentence. 
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SECTION 18. Discharge. - The Secretary may at any time order any person admitted to 
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a welfare home to be discharged. 
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SECTION 19. Authorization oj'Appropriations. - To carry out the provisions of this Act, 
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there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
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A pilot welfare home must be established within two (2) years after the effcctivity of this 
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Act. 
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SECTION 20. Reportorial Requirement. - Within two (2) years after the establishment of 
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the pilot welfare home, the Secretary shall submit a report to Congress on the costs and means to 
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implement the provisions of this Act. Thereafter, the Secretary shall submit an annual report to 
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Congress. 
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SECTION 21. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 22. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
/jabll2714 
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