SEVENTEENTH CONGRESS
Second Regular Session

6304

Howse But No,_830

Introduced by Representative John Marvin “Yul Servo” Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation respectfully refiles
this bill, which has constantly been receiving support from the past and present congress, as filed by
various representatives.

Section 14 of Article XIV of the 1987 Constitution states that
“The State shall foster the preservation, enrichment, and dynamic evolution of a Filipina

national culture based on the principle of unity in diversity in a climate of free artistic and
intellectual expression.”

Moreover, Section 17 of the same article states that:

“The State shall recognize, respect ol protect the rights of digenon cura commis
to preserve and develop their cultures, traditions, and institutions. It shail consider these

‘rights in the formulation of national plans and policies.”

Pursuant to the abovementioned constitutional provisions, this piece of legislation aims to improve the
social security, labour, medical, and legal conditions of artists by introducing a system of
accreditation, recognizing them as professionals, and empowering them to self-organize and
collectively defend their common interests

In view of the foregoing, the passage of this measure is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

6304

House Bill No.

Introduced by Representative John Marvin “Yul Servo" Nieto

AN ACT PROVIDING FOR ARTISTS WELFARE PROTECTION
Be it enacted by the Senate and the House of Represematives of the Philippines in Congress
assembled:

CHAPTER
GENERAL PROVISIONS:

SECTION 1. Short Title. - This Act shall be known as the "Artists Welfare Protection Act”

SEC. 2. Declaration of Policy. - Pursuant to Sections 14 and 15 of Article XIV of the 1987
Constitution, it is hereby declared the policy of the State to protect and promote the rights of an artist
to be considered as a person actually engaged in cultural work and to benefit from all legal, social and
economic advantages pertaining to the status of workers, The State shall

4) Improve the social security, labor, medical, and legal conditions of the artist, whether

4d) Provide second! alternative career opportunities to artists who wish to retire from their
respective arts or crafts, and
€) Develop means of providing welfare and legal information to artists

SEC. 3. Coverage. - This Act applies to all Accredited Artists, as herein defined, employed and
working within the country, and to all artists outside of the country who are covered by recruitment
‘programs/ contracts and placement offices! agencies.

‘SEC. 4, Definition of Terms. - As used in this Act, the following terms shall mean:

4) Accreditation refers to the assessment of an artist or guild based on the Accreditation
Requirements as provided herein, for purposes of availing the provisions and benefits
provided in this Act

b) Accredited Artist refers to an artist who is Filipino, at least eighteen (18) years of age, and has
‘complied with the Accreditation Requirements as provided herein, or the members of artists!
associations duly registered and accredited as provided herein


¢) Artist is taken to mean any person who creates or gives creative expression to, or recreates:
‘works of art, who considers his artistic creation to be an essential part of his or her life, who
contributes in this way to the development of art and culture and who 1 or asks to be
recognized as an artist, whether or not he or she ts bound by any relations of employment ar
association.

d)_ Artists Associations are associations of artists formed for the purpose of providing appropriate
protection for the professional interesis of the artists they represent, collectively negotiating,
fixing, mamtaming, changing or improving the terms and conditions in employment.

©) Collecting Agent’ Foreign Collecting Agent refers to any person, natural or juridical, domestic
‘or foreign, including for purposes of foreign work, manning, placement and recruitment
agencies, who hires and use the services of an artist. The collecting agent shall be responsible
for the remittance of contribution of the artist to the SSS/ GSIS, PagIBIG and PhilHealth The
contribution shall be automatically deducted from the compensation paid to the artist

1) Hazardous Work refers to services performed by an artist which expose the artist to hazards
likely to cause any disabling injury, illness, death or physical or psychological harm.

8) Second: Alternative Career refers to any career, as enumerated in this Act, which an artist
may engage into after leaving their main career due to age, incapacity, or other reasons, or
any career which an artist may engage into while still active i their major area of
specialization due to the latter's seasonal or contractual nature

h) Welfare Protection refers to the government's duty of providing rights and privileges to duly-
accredited artists, and ensuring the protection of their works and talents to maintain a
tminmure standard of well-being. specially providing SSSY OSIS, PagIBIG and PhilFtealth,
among other benefits.

1) Welfare Information refers to the government's duty to provide knowledge awareness and
sendesanding to duly scordind arts in teres of legal, medical, proprictary, educational,

second) alternative careers, among others.

CHAPTER II
RIGHTS AND PRIVILEGES

‘SEC. 5, Social Welfare Benefits. - An Accredited Amist shall have the right to social protection,
including but not limited to, SSS/ GSIS, PagIBIG, PhilHealth and to all other benefits as may be
provided for by law. The sud agencies shall create a category’ schedule of payments for Accredited
Artists in compliance with existing laws

a) Payments of premiums and contributions shall be shouldered by the collecting agent based on

©) In case of deficiency of payment, the Accredited Artist shall pay the deficiency difference as

stated in the category’ schedule of payments, to be provided by the SSS/ GSIS, PhilHealth,
PagIBIG, as the case may be. Artists who do not have collecting agents shall comply with the
provisions of voluntary contribution,

SEC. 6. Accident Insurance. - If the Accredited Artist is hired to provide services which involve
hazardous work, accident insurance in favor of the artist shall be provided by the hiring party.

‘SEC. 7. Legal Information and Assistance. - The National Commission for Culture and the Arts
(NCCA) shall provide Accredited Artists with free legal services in criminal, civil and labor cases and
‘with free legal mformation for the registration and protection of their intellectual property rights over
their literary and artistic works. performances, and other works defined under Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines, and other pertinent laws


SEC. 8, Medical and Dental Assistance. - The Accredited Arist shall be provided with free medical
and dental assistance through the Philippine Medical Association (PMA), Philippine Hospital
Association (PHA), and the Philippine Dental Association (PDA) in all government hospitals.

‘SEC. 9. Second/ Alternative Careers - The NCCA, in Coordination with the pertinent government
agencies, shall device a system for Accredited Artists to obtain Second! Alternative Careers in the
Philippines and outside, including but not limited to, annual cultural job fairs.

‘SEC. 10, Artists Village. - The NCCA, in coordination with other relevant government offices, shall
establish a housing community for Accredited Artists to be known as the Artists Village Suitable idle
lands shall be identified for this purpose

SEC. 11. Freedom of Association. - An artist is free to join an artists’ association or guild, and to
Participate in its formation, activities, and administration.

CHAPTER
ACCREDITATION

SEC. 12. Accreditation Requirements. - The NCCA shall issue guidelines for the purpose of
defining the requirements for accreditation of artists and guilds, complying with the following
minimum requirements

a) In the case of individuals, proof of artistic skill, and

b) In the case of guilds, copies of its constitution and by-laws, list of officers, their addresses,
and list of members, Provided, That, no by-laws of the association may have the effect of
discriminating unfairly agaist an artist so as to prevent an artist from becoming or continuing.

as a member of the association.

‘The presumption shall always be in favor of accreditation,

SEC. 13. Accreditation Application. - Artists and artists associations shall submit the necessary
documents to support their application for accreditation to the NCCA. An artists’ association may, if
duly authorized by its members, apply to the NCCA im writing for accreditation in respect of one
sector:

4) Atany time, in respect of a sector for which no artists’ association is accredited and no other
for:

accreditation is applied, within the three months immediately before the date that the existing
accreditation is about to expire

‘The NCCA shall give public notice of any application for accreditation in respect of any sector
without delay, indicating any period in which another application may be made by any other urtists!
association, despite subsections (a) and (b), for accreditation in respect of that sector.

‘SEC, 14. Accreditation Approval. - if the NCCA is satisfied that an artists! association that has
applied for accreditation in respect of a sector is the most representative of artists in that sector, the
NCCA shall accredit the association.

SEC. 1. Accreditation Period. - Accreditation is valid for « period of three (3) years afler the dite
that the NCCA issues the accreditation and, subject to subsection (b) of Section 13 hereof, is
‘automatically renewed for additional three years

SEC. 16. Extension of Period of Accreditation. - Where, in the three (3) months immediately before
the date that the accreditation of an artists’ association is to expire, an application for accreditation in


respect of the same or substantially the same sector, or an application for revocation of accreditation,
is filed, the period of validity of the association's accreditation is extended until the date the
application is accepted or rejected and, where it is rejected, renewal of the association's certification
takes effect from that date.

SEC. 17. Register. - The NCCA shall keep a register of all issued accreditations and of their dates of
issuance.

‘SEC. 18. Effects of Accreditation. - Afier accreditation of an artists’ association in respect of a
sector

a) The association shall acquire legal personality upon accreditation,

b) The association has exclusive authority to bargain on behalf of member artists in the sector,

©) The accreditation of any association that previously represented artists in the sector is revoked
in so far as it relates to them, and

d) The association is substituted as a party to any agreement that affects the artists in the sector
Tepresented, to the extent that it relates to them, in place of the association named in the
agreement or its successor.

SEC. 19. Application for Revocation of Accreditation. - An attist in & sectot may apply to the
NCCA for an order revoking an association's accreditation in respect of that sector on the following,
grounds:

a) The association's by-laws have the effect of discriminating unfairly against an artist 40 as to
prevent an artist from becoming or continuing as a member of the association, at any time,
b) The association is no longer the most representative of atists in the sector, of has failed to
make reasonable efforts to protect the professional interests of its member artists, within the
three months immediately before the date of the association's accreditation is to expire,

©) Gross and evident bad faith in dealing with member artists,

4) Tolerance of gross misconduct, discourtesy, dishonest or misrepresentation committed by any
Of the association's officers against its members, and

©) Promoting, facilitating or

SEC. 21. Dispute Resolution. - In cases of disputes arising from the accreditation, the NCCA shall
resolve such dispute

CHAPTER IV
MISCELLANEOUS PROVISIONS

SEC, 22, Role of the Natioaal Commission for Culture and the Arts (NCCA} - The NOCA shall
create an Artist Welfare Office, which shall serve as the implementing body of thts Act. it shall also
create a Legal Assistance Office, which shall provide free lezal services to Accredited Artists.

‘SEC. 23. Continuing Studies on Special Privileges for Artists. - The NCCA, in coordination with
other government offices, arts sector and academic institutions, is mandated to conduct studies and
researches on the feasibility of granting discount privileges to artists, in particular, those who are
caning below the mnimum wage or those artists whose employment engagements are intermittent

SEC. 24. Appropriations. - The amount necessary to implement this Act shall be charged against the
annual appropriation of the National Commission for Culture and the Arts



SEC. 25, Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this
‘Act, the NCCA, in coordination with SSS, PhilHealth and PagIBIG, shall promulgate the necessary
rules and regulations for the implementation of this Act.

SEC. 26. Separabitity Clause. ~ Should any provision herein be declared unconstitutional, the same
shall not affect the validity of the other provisions of this Act

‘SEC. 27. Repealing Clause. - All laws, decrees, orders, rules, and regulations, or others issuances or
Parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly

‘SEC. 27. Efffectivity. - This Act shall take effect fifteen (15) days after its complete publication either
in the Official Gazette or in at least two (2) newspapers of general circulation,

Approved,