NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) :
First Regular Session ) SAT EJUL 2.02022 6

time: 20 ag

HOUSE OF REPRESENTATIVES

H.B. No. 2177

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR A NATIONAL EMPLOYMENT ASSISTANCE PROGRAM AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY, NOTE

One out of every five Filipinos is considered poor. As reported by the Philippine
Statistics Authority, the poverty incidence among Filipino individuals in the first
semester of 2021 was estimated at 23.7 percent’. Our current population is roughly
110 million, this means that over 26.14 million Filipinos live in poverty.

Poverty is more than the lack of income and resources to ensure a sustainable
livelihood. Its manifestations include hunger and malnutrition, limited access to
education and other basic services, social discrimination and exclusion as well as the
lack of participation in decision-making*. High poverty incidence spells a host of other
problems such as petty crimes, disease, illiteracy, drug abuse, dysfunctional families
and other social problems, thus, poverty reduction results in solutions for a number
of other problems as well.

The reduction of poverty is at the heart of the development agenda both
nationally and globally. This has always been reflected in the projects and programs
of every administration, and included in the worldwide commitment towards the
Sustainable Development Goals. On the part of the previous administration, we have

* Proportion of Poor Filipinos Registered at 23.7 Percent inthe Fits Semester of 2021
aun. gov. phipovert-press-releasesnid/165535

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the vision incorporated in the Ambisyon 2040, which envisions a Philippines in 2040
where no Filipino is poor, no Filipino is ever hungry and Filipino families live in
comfortable homes with the desired amenities and secure tenure?

In the ADB's report on Poverty in the Philippines, one of the identified main
causes of poverty in the country is recurrent shocks and exposure to risks such as
economic crisis, conflicts, natural disasters; and “environmental poverty." The
subsequent loss of employment is the most common outcome resulting from these
causes. In turn, the loss of employment and loss of income pushes those already at
risk into poverty, and the poor more deeply mired in poverty.

We live at a time when the global community is still recovering from the
aftershocks of the COVID-19 pandemic. The economic impact of the health crisis is
especially felt by the vulnerable sectors of our society. As reported by the World
Bank’, COVID-19 has taken a heavy toil on rural livelihoods. Disaster-prone
communities experience more difficulties in coping with COVID-19 restrictions and its

severe economic impact.

The Poverty Assessment’ report by the World Bank recommends managing
disaster risks and protecting the vulnerable as a policy direction. The government has
several programs in line with this. The Department of Labor and Employment has the
Adjustment Measures Program (AMP) and the 7u/ong Panghanapbuhay para sa Ating
Disadvantaged/Displaced Workers (TUPAD). These programs provide for the
temporary employment of the people in afflicted areas or situations. The most notable
ones to date are the AMPs done by the government in response to the K to 12
Integration, Boracay Rehabilitation Closure and the COVID-19 Adjustment Measures
Program (CAMP).

This bill aims to institutionalize these emergency employment programs into the
National Employment Assistance Program( NEAP). With the institutionalization of

2040, www neda gor. ph
orldbank org/eastasiapaciicthow-covide19-impacted-vult
S aking growth work for the poor : A Poverty Assessment for the Philippin

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these programs there would be no need to convene special task forces that would
formulate and implement the government's plan of action for similar recurring
incidents as the mechanisms and funding for these programs are already in place.

Hence, government response would be swift and more efficient.

Due to the geographic location of the Philippines, our country has a high risk
of experiencing natural disasters. An average of 20 typhoons enter the Philippine Area
of Responsibility (PAR) every year. At least 60% of the country’s total land area is
exposed to multiple hazards, and 74% of the population is vulnerable to their impact®.
In a study by the Duke University Global Health Institute, it was found that the
probability of a pandemic with similar impact to COVID-19 is about 2% in any year.
This means that someone born in the year 2000 would have about a 38% chance of
experiencing one by now. And that probability is growing, hence, there is a need to
adjust perceptions of pandemic risks and expectations for preparedness.”

The institutionalization of a national emergency employment program would
mitigate the negative impacts of these disastrous events as well as contribute to the

poverty reduction efforts of the government.

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

RAIPH G.

MFO

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Note: this version of the bil is essentially the C ¢ Report Version reported out by the Commi
Welfare und Rural Development in the 17 Congress. which was authored and sponsored by Senator 1
including some proposed additions tothe measure by this representation.



NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No. 2177

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR A NATIONAL EMPLOYMENT ASSISTANCE PROGRAM AND
APPROPRIATING FUNDS THEREFOR

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

Section 1. Short Title. - This Act shall be known as the “National Employment
Assistance Program Act”.

Sec. 2. Declaration of Policy. - It is a declared policy of the State to promote a
just and dynamic social order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved quality
of life for all. Towards this end, the State shall provide Filipinos with opportunities for
just and sufficient means of livelihood. The State shall likewise initiate meaningful
employment assistance programs to qualified individuals of poor, disadvantaged or
displaced households duly identified by the appropriate national agencies.

Sec. 3. National Employment Assistance Program. There is hereby created a
National Employment Assistance Program (NEAP), which shall provide temporary
employment to qualified individuals who are poor, disadvantaged/displaced or
seasonal workers who volunteer to work for a minimum of ten (10) days but not more
than (90) days in a calendar year wherein the minimum and maximum period of
engagement can cover a single activity or multiple activities spread out over the course
of a calendar year: Provided, that qualified individuals may include subprofessionals.

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Qualified individuals are not subject to the terms and conditions of regular
employment and as such, shall not be deemed to have an employer-employee
relationship with the Department of Labor and Employment (DOLE), or any agency or
institution who utilizes their services with respect to the Program.

Sec. 4. Definition of Terms. — As used in this Act:

(a) Displaced worker refers to a worker in the formal and informal sectors
who became unemployed, underemployed, or have lost livelihood as a
result of closure of establishment, economic crisis, retrenchment,
termination, natural disaster/calamities;

(6) Poor refers to individuals and families whose income fall below the
poverty threshold as defined by the government and/or cannot afford in
a sustained manner to provide their minimum basic needs of food,
health, education, housing and other essential amenities of life, or those
who have been identified as poor by the National Household Targeting
‘System for Poverty Reduction (NHTS-PR);

(©) Qualified individual refers to willing and able Filipino citizens who are at
least fifteen (15) years of age: Provided, That individuals between the
ages of fifteen (15) and eighteen (18) years may only qualify by first
obtaining consent from their parent/s and/or legal guardian, and can
only be employed in non-hazardous work environments in accordance
with the Labor Code; and

(d) Seasonal worker refers to a worker who performs work or service that
is only for a specific period of time or season of the year.

Sec. 5. Qualifications for Availment of Employment Assistance. - The DOLE
shall take the lead in the overall implementation of the NEAP.

The DOLE may conduct a preliminary assessment of all poor,
disadvantaged/displaced individuals, including seasonal workers who signify interest
in undertaking work in order to determine eligibility and inclusion in the NEAP. The
assessment shall also take into consideration the inherent knowledge, skills,
capacities, and capabilities of potential qualified participants so as to properly
determine the type and nature of projects that are most suited to them and their

respective communities.

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The DOLE shall facilitate basic knowledge and skills orientation and capacity-
building trainings and seminars as deemed necessary towards project development
for qualified participants. The local government units (LGUs) and program partners
concerned may make available for use any tools and equipment necessary for project
development to the qualified individuals.

Sec. 6. Types of Works and Activities under the Program. - Employment
activities for this purpose shall be designed to mobilize eligible individuals, families
and communities to finish a project within a given time period. These projects may
include, but are not limited, to the following:

(a) Development, rebuilding/rehabilitation of agri-based livelihood assets
damaged, destroyed or lost due to natural disasters, such as desilting of
irrigation canals, development of paddy dikes, and rehabilitation of water
impounding dams;

(b) Development or rehabilitation of common service facilities, which are being
shared and used by poor families as production or consolidation centers like
post-harvest facilities, public markets, display centers, and fish ports;

(c) Development or rehabilitation of physical assets to open up access to areas
necessary to transport rural products, such as construction of farm-to-
market roads and bridges;

(d) Protection of natural and productive assets through mitigation and disaster
risk reduction measures, such as mangrove planting and rehabilitation, tree
planting, seedling preparation, re-forestation and similar activities; and

(e)Social community projects, such as repair, maintenance, and/or
improvement of common public facilities and infrastructure such as schools
and health centers, debris clearing, declogging of canals, debris segregation
and materials recovery, stockpiling and clearing.

The DOLE shall provide an updated list of projects that may be undertaken as
well as the projects not covered under this Act. This list shall be readily made available
to potentially qualified individuals who have expressed their desire to participate in
the NEAP,

Sec. 7. Rate of Assistance. — Every person qualified under this Program shall
be entitled to receive compensation for each day of work at the prevailing minimum

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wage set by the Regional Tripartite Wages and Productivity Board (RTWPB)
concerned. LGUs may also provide for additional allowances to the beneficiaries in
order to cover for other expenses such as transportation and food.

Sec. 8. Appropriations. - The Secretary of Labor and Employment shall include
in the DOLE’S programs the implementation of this Act, the initial funding of which
shall be charged against the current year’s appropriations of the DOLE. Thereafter,
the amount necessary for its continued implementation shall be included in the annual
General Appropriations Act.

In addition, the DOLE may accept donations, contributions or grants from
foreign and local persons, institutions and governments, among others, for the
implementation of the NEAP.

Sec. 9. Implementing Rules and Regulations. - Within ninety (90) days after
the approval of this Act, the Secretary of the DOLE shall issue the necessary rules and
regulations for the effective implementation of this Act.

Sec. 10, Separability Clause. - Should any provision of this Act be found
unconstitutional by a court of law, such provision shall be severed from the remainder
of this Act, and such action shall not affect the enforceability of the remaining
provisions of this Act.

Sec. 11. Repealing Clause. - All laws, decrees, letters of instruction, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

Sec. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any national newspaper of general circulation.

‘Approved,

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