NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 2087
iBHicf- of tijf r. i’Jacp
23 APR 25 PI SO
RtCEIVEO BV
Introduced by Senator MARK A. VILLAR
AN ACT
INSTITUTIONALIZING THE TULONG PANGHANAPBUHAY SA ATING 
DISADVANTAGED DISPLACED WORKERS (TUPAD) PROGRAM OF THE 
DEPARTMENT OF LABOR AND EMPLOYMENT, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Constitution provides that the State shall afford full protection to labor, 
and promote full employment and equality of employment opportunities for all. 
Corrolarily, the Philippine Disaster Risk Reduction Act of 2010 states that, it shall be 
the policy of the State to uphold the people's constitutional rights to life and 
property, and provide maximum care, assistance and services to individuals and 
families affected by disaster.
The Department of Labor and Employment's "Tulong Panghanapbuhay sa 
Ating Disadvantaged/Displaced Workers" (TUPAD) is a community-based package of 
assistance that provides emergency employment for displaced workers, 
underemployed, and seasonal workers for a minimum of ten (10) days but not to 
exceed a maximum of 30 (thirty) days, depending on the nature of the work to be 
performed. In 2021 alone, 2.8 Million displaced or vulnerable workers benefitted 
from this program. This figure shows that, undoubtedly, the TUPAD program 
contributes to the government's agenda of inclusive growth through massive job 
generation and poverty reduction.


This bill aims to institutionalize the TUPAD program that helps the plight of 
workers who are in dire need of employment due to unforeseen circumstances 
through giving a wider prerogative to the DOLE, as the lead agency, in the 
implementation of this program. Also, this will ensure that the wage and 
compensation of the beneficiaries shall not be less than 100% of the prevailing 
sector minimum wage. Finally, those who intend to disrupt the implementation of 
the program through commissions, job sharing, ghost beneficiaries, and the like, 
shall be held civilly and/or criminally liable.
Hence, the passage of this bill is earnestly sought.
MARK A. VILLAR


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No, 2087
s.V'hS Sf ITi’.--*
23 l\PR 25 PI 50
receivldbv.
Introduced by Senator MARK A. VILLAR
AN ACT
INSTITUTIONALIZING THE TULONG PANGHANAPBUHAY SA ATING 
DISADVANTAGED DISPLACED WORKERS (TUPAD) PROGRAM OF THE 
DEPARTMENT OF LABOR AND EMPLOYMENT, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "TUPAD Act."
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Sec. 2. Declaration of Policy. - The State shall promote a just and dynamic
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social order that will ensure the prosperity and independence of the nation and free
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the people from poverty through policies that provide adequate social services,
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promote full employment, a rising standard of living, and an improved quality of life
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for all.
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The State shall improve the quality of life of all Filipino workers through active
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labor market policies, promotion of employment opportunities and employment
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facilitation, human resource development, and the provision to displaced,
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marginalized, and/or vulnerable workers a transitional or temporary social safety net
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from economic shocks brought about by disasters, public health emergencies, war,
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armed conflict, economic crises, and other related contingencies, and/or
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experiencing loss of livelihood or income due to disability, work-related accidents or
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injuries, unemployment, or work displacements.
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Sec. 3. Coverage. - This Act shall cover all displaced, marginalized, and/or
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vulnerable workers affected by disasters, public health emergencies, war, armed


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conflict, economic crises, and other related contingencies, and/or experiencing loss 
of livelihood, or income loss due to ill-health, disability, work-related accidents or 
injuries, unemployment, or work displacements because of authorized causes of 
termination of employment, technological advances, policy-related disruptions, and 
other analogous causes.
Sec. 4. Definition of Terms. - As used in this Act:
a) 
Accredited Co-Partner or ACP - refers to the program partner that has been 
accredited by the Department of Labor and Employment (DOLE) to 
implement TUPAD projects using government or public funds. The ACP may 
be a peoples' or workers' organization, legitimate labor organization, 
cooperative, business association, church-based organization, educational 
institution, including Technical Education and Skills Development Authority 
(TESDA)-accredited technical vocational training institutions and State 
Universities and Colleges (SUCs), nongovernment organization, private 
foundation, or a government agency or instrumentality, including National 
Government Agencies (NGAs), Local Government Units (LGUs) and 
Government-Owned and Controlled Corporation (GOCCs):
b) 
Beneficiary - refers to individuals or group of individuals who are qualified 
recipients of assistance under the TUPAD Program;
c) 
Displaced workers - refer to persons involuntarily terminated due to 
authorized causes of termination as provided under the Labor Code of the 
Philippines, technological advances, policy-related disruptions, and other 
analogous causes. It also refers to Overseas Filipino Workers who have been 
involuntarily separated from their jobs overseas.
d) 
Marginalized workers - refer to workers deprived of education, health, 
employment, and other opportunities by reasons of poverty, geographical 
inaccessibility, culture, and gender, among others, and to workers who are 
less likely to have formal work arrangements, and are more likely to lack 
decent working conditions, adequate social security, and whose employment 
is characterized by inadequate earnings, low productivity, and difficult 
conditions of work that undermine their fundamental rights;


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e) 
Self-employed - refers to persons who operate their own businesses or 
trades and do not employ paid workers in the conduct of their economic 
activities, including workers who work purely on commission basis and who 
may not have regular working hours;
f) 
Sub-professionals - refer to individuals in the private sector involved in 
structured work in support of office operations or those engaged in arts, 
crafts, and manual or clerical work;
g) 
TUPAD Program - a temporary wage employment assistance program for 
displaced, marginalized, and/or vulnerable workers, also known as the 
Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers 
Program, and herein interchangeably referred to as TUPAD or Program;
h) 
Underemployed workers - refer to employed persons who express the desire 
to have additional hours of work in their present job, or an additional job, or 
to have a new job with longer working hours;
i) 
Vulnerable workers - refer to workers, local and overseas, including 
minimum wage earners, working poor, and marginalized workers, who are 
confronted by ex-ante risk that if currently non-poor will fall below the 
poverty line, or if currently poor, will remain mired in poverty, or exposed to 
adverse shocks; and
j) 
Workers - refer to workers in the formal and informal economy or self- 
employed, whether overseas or local.
Sec. 5. Lead Agency and Convergence with Related Government Assistance 
Program. - The DOLE shall be the lead agency in the implementation of the TUPAD 
Program and shall be responsible in the administration, sourcing, assessment, and 
approval of all project proposals for funding for the implementation of the TUPAD 
Program.
The DOLE shall integrate and collaborate with other government agencies, 
LGUs, business and labor groups, and civil society groups in implementing similar or 
related programs and services for an efficient and effective whole-of-nation 
approach in the delivery of social safety nets.
Sec. 6. Eligible Projects for TUPAD; Counterpart Funding Requirement. - 
Eligible employment projects that may be included under the Program shall include.


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but not be limited to, social community projects, economic projects, field works such
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as conduct of survey and profiling in partnership with government offices, agro-
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forestry community projects that promote green jobs, and provision of assistance to
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LGUs in the delivery of
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essential services. The DOLE, in coordination with relevant government agencies,
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LGUs, ACPs, and other relevant stakeholders, shall formulate and implement projects
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under the TUPAD Program that complements or utilizes the skill set of all categories
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of workers classified under the Philippines Standard Occupational Classification.
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The DOLE shall also set the duration of work for each project under the
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Program, with due regard to the nature of the work to be performed; Provided, That
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except as authorized by the Secretary of Labor and Employment in exceptional
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circumstances, the duration of each project under the TUPAD Program shall not be
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less than ten (10) days, nor exceed ninety (30) days.
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Consistent with applicable government auditing rules and regulations, ACPs
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and LGUs shall provide a counterpart funding of 20% of the total cost of the project.
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The funding may be in the form of labor, land for the project site, facilities, and
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equipment, among others, to be used in the project. The LGUs and ACPs may also
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provide technical assistance, which could be in the form of identification of projects,
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profiling of beneficiaries, procurement, monitoring, and facilitating access of services
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from other agencies.
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Sec. 7. Qualified Beneficiaries. -All displaced workers, marginalized, and/or
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vulnerable workers shall be qualified as beneficiaries under this Act; Provided, That
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the Secretary of Labor and Employment may, under appropriate circumstances,
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approve TUPAD projects that will include the underemployed and/or sub-
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professionals as beneficiaries under this Act.
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The Secretary of DOLE shall set standards regarding the TUPAD beneficiaries,
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including the allowable number of beneficiaries per household, the number of
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projects under the Program a qualified beneficiary may participate in, and such other
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relevant matters for the effective implementation of this Act, with a view to helping
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the most number of beneficiaries.


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Sec. 8. Modes of Implementation of the TUP AD Program. - The TUPAD
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Program shall be implemented by DOLE Regional Offices through any of the
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following modes:
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a) With an AGP - Under this mode, the AGP shall be the DOLE'S partner or
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conduit in the implementation of the program, provided they are registered
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with any registering body of the government and accredited by DOLE as an
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AGP; Provided, That Government agencies, LGUs, TESDA, and SUGs, shall
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automatically be TUPAD program partners, without need of accreditation; or
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b) DOLE Direct Administration - Under this mode, the administration and
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implementation of the TUPAD Program shall be undertaken directly by the
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DOLE'S regional, provincial and/or field offices. In the event of massive
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displacement of workers resulting in serious disruption of means of livelihood,
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direct administration of wage employment projects shall be undertaken
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proactively by DOLE motu proprio, in collaboration with relevant government
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agencies and/or LGUs.
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Sec. 9. Wages and Compensation of Beneficiaries. - The wages and
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compensation
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of the beneficiaries shall not be less than 100% of the highest prevailing minimum
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wage rate set by the Regional Wages and Productivity Board (RTWPB) in the region
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where the
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project will be implemented. The beneficiaries shall be enrolled in a group micro-
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insurance and shall be provided with the appropriate training, safety tools and
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proper equipment. The DOLE shall use automated banking facilities, money
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remittance providers, and electronic/digital wallets as primary mode of wage
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disbursement for the beneficiaries of this Act. Under exceptional circumstances, such
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as TUPAD projects in geographically Isolated and disadvantaged areas, or non-
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operation of wage disbursement mechanisms due to public emergencies, including
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war, armed conflict, epidemics/outbreaks or public health emergencies, the
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Secretary of Labor and Employment may authorize direct cash pay-out to TUPAD
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beneficiaries.
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Sec. 10. Prohibited Practices. - The DOLE shall establish mechanisms to
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ensure compliance with the provisions of this Act. It shall provide a list of prohibited


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activities, such as, but not limited to, cuts for commission, job sharing, ghost
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beneficiaries, duplicate beneficiaries, and padding of beneficiaries.
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Any violation of this provision shall result in the blacklisting of the ACP,
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including the reimbursement of the amount involved, with legal interest, without
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prejudice to the filing of criminal and other related cases. If the ACP is an LGU or
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sue, the LGU or SUC shall immediately address such deficiency and/or error, without
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prejudice to applicable rules and regulations of the Commission on Audit (COA), and
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the filing of civil, criminal or administrative actions against erring officials and
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government employees. In case of direct administration, the responsible DOLE
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personnel shall be subjected to administrative
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investigation, without prejudice to the filing of appropriate civil, criminal or
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administrative
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case.
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Sec. 11. Authority to Receive and Administer Donations for TUPAD Program. -
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The
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DOLE is hereby authorized under this Act to receive donations from government and
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non-government organizations and to administer the same strictly and exclusively for
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the beneficiaries of the TUPAD Program, subject to relevant accounting and auditing
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rules and regulations.
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Sec. 12. Monitoring, Reporting and Evaination of the TUPAD Program. - The
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DOLE shall establish a standardized monitoring, evaluation and reporting system to
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properly document every approved project under the Program.
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It shall also submit to Congress, and make available to the public, an annual
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accomplishment report and utilization of the funds earmarked for the
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implementation of
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the Program. The annual report shall include the pertinent details of every project
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under
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the Program, the mode of implementation, number of beneficiaries, donations from
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private and other organizations, expenditures, number of beneficiaries who acquired
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employment after their participation in the Program, and other pertinent information
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as may be necessary. An impact evaluation shall be conducted from time to time,
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but not later than every three (3) years.


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Sec. 13. Grievance Mechanisms. - The DOLE shall establish grievance
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mechanisms for the filing or reporting of complaints, grievances, or violations
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provided in this Act and other related laws arising from the implementation of the
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TUPAD Program. For this purpose, the Department shall ensure that all beneficiaries
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and stakeholders of the Program have access to these grievance mechanisms.
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Sec. 14. Appropriations. - The funds for the initial implementation of this Act
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shall be sourced from the current budget of the DOLE for the implementation of the
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TUPAD Program. Thereafter, the amount necessary for its continued implementation
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shall be included in the annual General Appropriations Act; Provided, That such
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appropriation shall take into consideration an administration cost of not more than
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5%, subject to periodic review and appropriate recommendation for increase,
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whenever necessary. For this purpose, the DOLE shall issue the appropriate
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guidelines on the utilization and management of the administration cost.
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Sec. 15. Impiementing Ruies and Regulations. - Within ninety (90) days from
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the
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effectivity of this Act, the DOLE shall, in consultation with TESDA, DPWH, DENR,
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DILG, Union of Local Authorities of the Philippines, National Anti-Poverty Commission
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(NAPC), and other relevant government agencies and other stakeholders, issue the
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necessary rules and regulations for the effective implementation of this Act.
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Sec. 16. Separability Clause. - Any portion or provision of this Act that is
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declared unconstitutional or invalid shall not have the effect of nullifying other
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portions or provisions hereof as long as such remaining portions can still subsist and
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be given effect in their entirety.
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Sec. 17. Repealing Clause. - All laws, ordinances, rules, regulations, other
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issuances or parts thereof, which are inconsistent with this Act, are hereby repealed
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or modified accordingly.
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Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,