Compendium of Right To Food Laws II - Part 3

Food Accessibility Laws 01
COMPENDIUM OF
RIGHT TO FOOD LAWS
IN THE PHILIPPINES
Volume II
Food Accessibility
Laws
Part 3
National Food Coalition
91 Madasalin Street, Sikatuna Village,
Quezon City
02 COMPENDIUM OF RTF LAWS
Published by: National Food Coalition
91 Madasalin Street, Sikatuna Village
Diliman, Quezon City
Tel. No (02) 351-7553
Fax. No. (02) 436-3593
Lay-out: Ramon T. Ayco, Sr.
Set in Janson Text LT Std, pt. 12
Printed in the Philippines
REPUBLIC ACT NO. 7900
AN ACT TO PROMOTE THE PRODUCTION,
PROCESSING, MARKETING
AND DISTRIBUTION
OF HIGH-VALUED CROPS,
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES.
Section 1. Title. This Act shall be known as the
High-Value Crops Development Act of
1995.
Section 2. Declaration of Policy. It is hereby declared the
policy of the State to accelerate the growth and
development of agriculture in general, enhance
productivity and incomes of farmers and the
rural population, improve investment climate,
competencies and effciency of agribusiness
and develop high-value crops as export crops
that will signifcantly augment the foreign
exchange earnings of the country, through an
allout promotion of the production, processing,
marketing, and distribution of high-value crops
in suitable areas of the country.
The State shall be guided by the principles
that land has a social function and land
ownership has a social responsibility. As such,
owners and lessees of agricultural land, being
stewards, have the obligation to cultivate the
lands they own or lease and make the land
economically productive on a sustainable and
environmentally friendly manner. The State has
the right to expropriate lands not utilized for
the beneft of the community and the country
as a whole.
The State shall effect an effcient use of land and
other productive resources with due regard to
ecological balance and environmental protection,
rural development, equity consideration,
mobilization of human resources, and increased
agro-industrial production for the alleviation of
poverty and sustainable growth objectives.
Section 3. Scope of Application. This Act shall cover
upland dwellers as well as lowland tenants,
indigenous and cultural communities,
Comprehensive Agrarian Reform Program
(CARP) benefciaries, upland farm owners,
farmers, farmers organizations/associations/
cooperatives, community associations and
farmworkers, and to the extent herein provided,
the departments, offces, agencies, subdivisions,
branches or instrumentalities in the areas
identifed by the Department of Agriculture as
key commercial crop production areas.
Section 4. Defnition of Terms. For purposes of this
Act, the term:
a. Non-traditional crops refer to crops
other than rice, corn, coconut and sugar.
b. High-value crops (HVC) these are
crops other than traditional crops which
include, but are not limited to: coffee and
cacao, fruit crops (citrus, cashew, guyabano,
papaya, mango, pineapple, strawberry,
jackfruit, rambutan, durian, mangosteen,
guava, lanzones, and watermelon), root
crops (potato and ubi), vegetable crops
(asparagus, broccoli, cabbage, celery, carrots,
caulifower, radish, tomato, bell pepper, and
patola), legumes, pole sitao (snap beans and
garden pea), spices and condiments (black
pepper, garlic, ginger, and onion), and
cutfower and ornamental foliage plants
(chrysanthemum, gladiolus, anthuriums,
orchids, and statice).
c. Idle and abandoned land refers to
any agricultural land not cultivated, titled
or developed to produce any crop nor
devoted to any specifc economic purpose
continuously for a period of three (3) years
immediately prior to the receipt of notice of
acquisition by the government as provided
under the CARP.
d. Alienable and disposable lands refer
to those lands of the public domain which
have been the subject of the present
system of classifcation and declared as
not needed for forest purposes.
e. Forest land refers to the lands of
the public domain which have not been
declared as alienable or disposable, public
forests, permanent forests or forest reserves,
forest reservations, timberlands, grazing
lands, game refuge, and bird sanctuaries.
Section 5. Site Identifcation. The Department of
Agrarian Reform and the Department
of Agriculture, in coordination with the
Department of Environment and Natural
Resources, and the municipal government
Natural Resources, and the municipal
government concerned, shall identify the
broad areas suitable for high-valued crops
production, within six (6) months after
the effectivity of this Act: Provided, That
such site identifcation shall be reviewed at
appropriate intervals to ensure consistency
with the agrarian reform program and the
national land use policy.
Section 6. Tenurial Arrangement. Farmer cooperatives
may lease the land for a period of twenty-fve
(25) years, and not to exceed one thousand
hectares (1,000 has.) in area.
Section 7. Farm Model. For the program, farmers
may adopt the cooperative system in
putting up economically-sized farms for
high-value crop farming. Farmer members
shall collectively manage individual
farms which includes contracting process
and means of production; planning and
coordinating crops varieties; and raising
breed, hectarage, distribution and some
production measures with reference to the
market it shall serve. Said farm models may
be replicated by farmers organizations all
over the country.
Section 8. High-Value Crops Development Fund (HVCDF).
For the purpose of providing the funding
requirements of the production, marketing,
and processing of high-value crops, and the
establishment of low-cost credit to qualifed
project proponents, there is hereby created
a High-Value Crops Development Fund
(HVCDF), with an initial amount of One
billion pesos (P1,000,000,000). The HVCDF
shall be sourced from the Comprehensive
Agricultural Loan Fund (CALF) and shall be
managed by the Land Bank of the Philippines
(LBP) and the Development Bank of the
Philippines (DBP). Other sources of funds,
including but not limited to borrowings from
local and international fnancial institutions,
shall also be considered to further support
the program: Provided, That sixty percent
(60%) of the HVCDF shall be utilized for
direct lending to high-value crop producers
while the remaining forty percent (40%)
shall be allocated by the Department of
Agriculture to guarantee loans granted by
private fnancial institutions toward high-
value crop production through existing
guarantee institutions. The Department of
Agriculture, which is directly responsible for
the management of the HVCDF, is hereby
authorized to designate the Land Bank of the
Philippines and the Development Bank of
the Philippines to manage the direct lending
operations of the sixty percent (60%) portion of
the HVCDF through LBP and DBP facilities
or their conduits.
All fnancial institutions, whether public
or private, shall be tapped to support the
program. Participating banks are hereby
exempted from the compliance requirement
of Presidential Decree No. 717: Provided,
That they shall lend a minimum of fve
percent (5%) of their loanable funds without
alternative compliance directly to farmers
associations or cooperatives.
Other sources of funds, including but not limited
to borrowings from local and international
fnancial institutions, shall also be considered to
further support the program.
Section 9. Incentives. The proponents of the program
shall be entitled to the following incentives:
a. Crop insurance the insurance program
of the Philippine Crop Insurance
Corporation (PCIC) shall be expanded
to cover high-value crops. The premium
rates shall be set not on the basis of
the performance of previous programs
specifcally on rice and corn;
b. Credit assistance the HVCDF shall
be loaned out to farmers organizations/
associations/cooperatives composed of,
but not limited to, CARP benefciaries,
subject to the prevailing Land Bank
interest rates;
c. Credit Guarantee to enhance the
bankability of projects, a credit guarantee
cover shall be extended by the Quedan
and Rural Credit Guarantee Corporation
(QUEDANCOR) which shall thereby be
provided with a commensurate guarantee
fund, in the form of equity, out of the
HVCDF;
d. Grace period on lease of government
lands payments project proponents
shall effect payment on the lease not
earlier than two (2) years after the lease
agreement is signed and approved. The
grace period shall be determined by the
gestation periods of the crops;
e. Tax exemption project proponents as
defned in Section 7 of this Act shall be
entitled to the following tax exemptions:
1. Exemptions from taxes and duties
subject to the provisions of Article
62 of Republic Act No. 6938 or the
Cooperative Code of the Philippines;
2. Exemption from the value-added tax
in accordance with Section 103 of the
National Internal Revenue Code, as
amended; and
3. Exemption from taxes, fees and
charges under Title One of Book
Two of the Local Government Code
of 1991 in accordance with Section
133(n) of the said Code.
f. Market linkage the Department of
Agriculture, in coordination with the
Department of Trade and Industry,
shall link-up agribusiness cooperatives
directly with consumers cooperatives,
agro-processing companies, or exporters
to provide marketing outlets and assure
relatively higher and stable prices. Agro-
processing frms buying directly from
project proponents shall be granted tax
rebates.
To ensure health and proper trading,
the agribusiness development group
of the Department of Agriculture shall
establish and enforce standards in grading,
sampling and inspection, tests and analysis,
specifcations, nomenclature, units of
measurement, code of practice and
packaging, preservation, conservation and
transportation of high-value crops.
g. Technical and infrastructure support
technical support on research and
extension, infrastructure development,
financial and market information
shall be provided by the Department
of Agriculture, Department of
Trade and Industry, Department of
Science and Technology, Cooperative
Development Authority, state
universities and colleges and other
relevant government agencies;
h. Post harvest facilities access to post
harvest facilities, storage and distribution/
transport facilities of existing government
agencies shall be facilitated. Assistance shall
be given to qualifed and viable farmers/
growers cooperatives in the availment of
soft loans or grants for the construction
of post-harvest, processing and storage
facilities. Guidelines for the eventual
transfer of ownership of these facilities to
the proponent shall be formulated by the
Department of Agriculture;
i. Good seeds and planting materials
the Department of Agriculture, in
coordination with the state universities
and colleges, the Department of Trade
and Industry, and farmers organizations
shall make good seeds and materials
readily available to farmers/farmers
cooperatives to ensure high yield and
good quality produce. However, the
project proponents may be allowed to
import, free of duties, high quality seeds/
planting materials subject to quarantine
laws and Section 15 of Republic Act No.
7083 or the Seed Industry Development
Act of 1992; and
j. Fiscal incentives the same fiscal
incentives granted by the Board of
Investments shall be automatically
granted to project proponents.
Section 10. Inter-Agency Committee. A committee,
composed of representatives from the
Department of Agriculture, the Department
of Agrarian Reform, the Bangko Sentral ng
Pilipinas, the Land Bank of the Philippines,
the Development Bank of the Philippines,
the Cooperative Development Authority,
the Department of Science and Technology,
the Department of Trade and Industry,
the Department of Environment and
Natural Resources, and the Department
of the Interior and Local Government
and one (1) each from the small farmers
and commercial producers sectors to be
designated by the Secretary of Agriculture,
shall formulate and prescribe, after public
hearing and publication as required by law,
the implementing rules and regulations in
order to carry out the provisions of this Act.
The representatives from the Department
of Agriculture and the Department of Trade
and Industry shall be the chairman and the
vicechairman, respectively, of the committee.
The Secretary of the Department of
Agriculture shall report to both Houses of
Congress on the status of the High-Value
Crops Development Program biannually.
Section 11. Agribusiness Development Group. The
agribusiness development group of the
Department of Agriculture shall be
strengthened to implement, coordinate and
monitor the program based on the rules
and regulations setforth by the inter-agency
committee. Aside from its usual functions,
it shall be tasked to perform the following
functions:
a. Assist in the formulation of general and
specifc policies for the development of
high-value crops
b. Set up the appropriate system to monitor
the utilization of the HVCDF and
shall furnish the Bangko Sentral ng
Pilipinas regular reports on the fnancial
institutions compliance to the program;
c. Extend assistance in marketing and
distribution of highvalue crops through
monitoring and dissemination of market
information, including identifcation
of the local supplydemand situation,
domestic market matching and overseas
market intelligence and promotion
activities on high-value crops;
d. Enjoin the Department of Transportation
and Communications to effect a more
effcient, regular, adequate, suitable, and
economical means of transporting and/
or shipping of high-value crops, for
purposes of reducing marketing costs
and ensuring stable consumer supply;
e. Encourage the establishment of
wholesale markets in identified major
centers of the country: Provided,
That identified major centers of the
country: Provided, That agricultural
produce collection centers may also
be established in areas where feasible,
which may also serve as buying stations
of farm products, packaging houses,
pick-up points and meeting places of
farmers/growers cooperatives;
f. Establish linkages with various
government and private research
institutions for the conduct of studies
and researches designed to promote the
production, marketing and processing of
high-value crops;
g. Conduct farmers training programs
primarily aimed at increasing their
knowledge on production technologies
and on market potentials and prospects
for various types of highvalue crops,
through the DA-Agricultural Training
Institute
(ATI), the DTI or the LGUs technicians
or by contracting agriculturists and
marketing specialists from private or
academic institutions;
h. Establish experimental stations and seed
farms for the development of varieties
suitable to the agro-climatic conditions
of the area and markets that will provide
greatest value added to high-value
crops; and Devise and maintain a system
for regularly obtaining information
on current and future production,
their prices and movement in trade,
to determine and effect a balanced
distribution of high-value crops by
means of inter-trading or intra-trading
among the established wholesale
markets. Such amount as may be needed
for the initial operating expenses of
the group shall be charged to any
available funds in the appropriation for
current operating expenditures of the
Department of Agriculture. Thereafter,
the amount necessary for its operations
shall be included in the annual General
Appropriations Act.
Section 12. Repealing Clause. All laws or parts thereof,
decrees, orders, rules and regulations
inconsistent with the provisions of this Act
are hereby repealed or modifed accordingly:
Provided, however, That nothing in this Act
shall be construed or applied as amending the
CARL and other laws on agrarian reform.
Section 13. Separability Clause. If any of the provisions
of this Act is declared invalid, the other
provisions not affected thereby shall remain
in full force and effect.
Section 14. Effectivity Clause. This Act shall take effect
immediately following its publication in a
newspaper of general circulation or in the
Offcial Gazette, whichever comes frst.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Tenth Congress
Republic Act No. 8289
May 6, 1997
Amending R.A. 6977
AN ACT TO STRENGTHEN THE
PROMOTION AND DEVELOPMENT OF,
AND ASSISTANCE TO SMALL AND MEDIUM
SCALE ENTERPRISES, AMENDING FOR
THAT PURPOSE REPUBLIC ACT NO. 6977,
OTHERWISE KNOWN AS THE MAGNA
CARTA FOR SMALL ENTERPRISES AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
CHAPTER 1
Section 1. Sec. 3 of Republic Act No. 6977 is hereby amended
to read as follows:
Sec. 3. Small and Medium Enterprise
as Benefciaries. - Small and Medium
Enterprise shall be defned as any business
activity or enterprise engaged in industry,
agribusiness and/or services, whether single
proprietorship, cooperative, partnership or
corporation whose total assets, inclusive of
those arising from loans butt exclusive of the
land on which the particular business entitys
offce, plant and equipment are situated,
must have value falling under the following
categories:
Micro less than P 1,500,001
Small P1,500,001 P15,000,000
Medium P15,000,001 P60,000,000
The above defnitions shall be subject
to review and adjustment by the said
Councilmotoproprioor upon recommendation
of sectoral organization(s) taking into account
infation and other economic indicators. The
Council may use as variables the number of
employees, equity capital and asset size.
Sec. 4 of Republic Act No. 6977 is hereby
amended to read as follows:
Section 2. Sec. 4. Eligibility for Government Assistance.
- To qualify for assistance, counseling,
incentives and promotion under this Act,
businesses falling under the above defnition
must be:
(a) duly registered with the appropriate
agencies as presently provided by
law: Provided, That in the case of
micro enterprises as defned herein,
registration with the offce of the
municipal or city treasurer shall be
deemed suffcient compliance with this
requirement;
(b) one hundred percent (100%) owned and
capitalized by Filipino citizens if single
proprietorship or partnership. If the
enterprise is a juridical entity, at least sixty
percent (60%) of its capital or outstanding
stocks must be owned by Filipino citizens.
(c) a business activity within the major
sectors of the economy, namely: industry,
services, including the practice of ones
profession, the operation of tourism-
related establishments, and agri-
business, which for purposes of this Act
refers to any business activity involving
the manufacturing, processing, and/
or production of agricultural produce,
excluding farm level agriculture/crop
production; and
(d) it must not be a branch, subsidiary
or division of a large scale enterprise nor
may its policies be determined by a large
scale enterprise or by persons who are not
owners or employees of the enterprise.
However, this requirement shall not
prelude a small and medium enterprise from
accepting subcontracts from large enterprise
or frms joining in cooperative activities with
other small and medium enterprises.
Programs of the fnancing corporation as
provided in subsequent Sec.s of this Act shall
be exclusively targeted to medium, small,
and micro-sized enterprises.
Registered small enterprises shall be
entitled to a share of at least ten percent
(10%) of total procurement value of goods
and services supplied to the Government,
its bureaus, offices and agencies
annually:Provided,That prices and quality
of goods offered by the registered small
enterprises are competitive.
to read as follows:
SEC. 5 Guiding Principles. - To set the
pace for small and medium enterprise
development, the State shall be guided by
the following principles:
(a) Minimal set of rules and simplifcation
of procedures and requirements. - All
government agencies having to do with
small enterprises shall pursue stability of
rules and to encourage entrepreneurial
spirit among the citizenry. The agencies
shall see to it that procedural rules and
requirements, within their respective
offces in coordination with other
agencies, are minimized in the act of
registration, availment of fnancing and
accessing other government services
and assistance.
(b) Role of the private sector. -In order to
hasten growth and expansion of small
and medium enterprises, the private
sector throughout the country
shall be encouraged to assist in the
effective implementation of this Act by
participating in government programs for
small and medium enterprises strictly in
accordance with the law, and consistent
with the attainment of the purposes
hereof. To encourage private sector
participation, the Council, in consultation
with the concerned sector, may
recommend simplifed procedure and
localized incentives to small enterprises.
The Government shall encourage
the organization and establishment of
small and medium enterprise industry
associations at the local and regional
levels preferably unifed under a national
federation/association.
(c) Coordination of government efforts.
-Government efforts shall be coordinated
to achieve coherence in objectives.
All appropriate offces, particularly
those under the Departments of Trade
and Industry, Finance, Budget and
Management, Agriculture, Agrarian
Reform, Environment and Natural
Resources, Labor and Employment,
Transportation and Communication,
Public Works and Highways, Science
and Technology, Local Government and
Tourism as well as the National Economic
and Development Authority and the
Bangko Sentral ng Pilipinas, through
their national, regional and provincial
offces, shall to the best of their effort and
in coordination with local government
units, provide the necessary support
and assistance to small and medium
enterprises.
(d) Decentralization. - The State shall
accelerate the decentralization process by
establishing regional and provincial offces
in order to enhance and attain greater
effciency in the provision of services to
the countryside and the implementation
of this Act, in coordination with local
government units. To this end, the
government agencies shall effect a
substantial delegation of authority to their
regional and provincial offces to make
decisions, particularly in the registration
of benefciaries of this law, qualifcation
for availment of benefts, accreditation
of private voluntary organizations,
industry associations and cooperatives,
and to resolve complaints for violation of
applicable laws.
Section 4. Sec. 6 of Republic Act. No. 6977 is hereby
SEC. 6. Creation of a Small and Medium
Enterprise Development Council. - To
effectively spur the growth and development of
small and medium enterprises throughout the
country, and to carry out the policy declared
in this Act, a Small and Medium Enterprise
Development (SMED) Council is hereby
created. The Council shall be attached to the
Department of Trade and Industry and shall
be constituted within sixty (60) days after the
approval of this Act.
The Council shall be the primary agency
responsible for the promotion, growth and
development of small and medium enterprises
in the country by way of facilitating and closely
coordinating national efforts to promote the
viability and growth of small and medium
enterprises, including assisting relevant agencies
in the tapping of local and foreign funds for
small and medium enterprise development, as
well as promoting the use of existing programs,
as well as seeking ways to maximize the use of
our labor resources.
to read as follows:
Sec. 7.Composition. -The Council shall be
headed by the Secretary of Trade and Industry
as Chairman, and may elect from among
themselves a Vice-Chairman to preside over
the Council meetings in the absence of the
Chairman. The members shall be the following:
(a) Director General of the National
Economic and Development Authority;
(b) Secretary of Agriculture;
(c) Secretary of Labor and Employment;
(d) Secretary of Environment and Natural
Resources;
(e) Secretary of Science and Technology;
(f) Secretary of Tourism;
(g) The Chairman of the Monetary Board;
(h) Chairman of Small Business Guarantee
and Finance Corporation;
(i) Chairman of the small and medium
enterprises promotion body which the
President shall undertake to establish
under this Act; and
(j) Three (3) representatives from the private
sector at large, all Filipino citizens, to
represent Luzon, Visayas and Mindanao,
and one representative from the small
and medium enterprises sector to be
appointed by the President; and
(k) a representative from the private
banking sector to serve alternately
among the Chamber of Thrift Bank;
the Rural Bankers Association of the
Philippines (RBAP); and the Bankers
Association of the Philippines (BAP).
Cabinet-rank ex offcio members of the
Council shall designate an undersecretary
or assistant secretary, and the chairman of
the Monetary Board or his representative, as
their permanent representative in case they
fail to attend meetings of the Council.
The private sector members of the shall
initially receive per diem of One Thousand
pesos (P1,000) per meeting, for a maximum
of twenty-four (24) meetings per year, which
per diem may be adjusted by the Council:
Provided, that may such adjustment shall
take effect upon approval of the President.
The Department of Trade and Industry
shall allocate Five million pesos (P5,000,000)
out of its savings for the initial operating
expenses of the Council, after which, the
Councils budget shall be included in the
annual appropriation of the Department of
Trade and Industry.
The Council may, from time to time, call upon
the participation of any government agency or
association of local government offcials in its
deliberations especially when such agency is
directly or indirectly concerned with and/or
affecting the growth and development of small
and medium enterprises in any particular area
or manner.
The Council may create an Executive
Committee of fve (5) members elected by
the Council from among themselves or their
designated permanent representatives, with
at least two (2) members representing the
private sector, and with authority to act for
and on behalf of the Council during intervals
of council meetings representing the private
sector, and with authority to act for and
on behalf of the Council during intervals
of council meetings, and within the specifc
authority granted by the Council.
Section 6. Sec. 9 of Republic Act No. 6977 is hereby
Sec. 9.Designation of the Bureau of Small and
Medium Business Development as a Council
Secretariat. -The Bureau of Small and Medium
Business Development is hereby designated to
act as the Council Secretariat and shall have the
following duties and functions:
(1) to prepare, in coordination with local
government units and/or associations
of local government offcials, and
recommend annual as well as medium-
term small and medium enterprises
development plans for approval of the
Council;
(2) to coordinate the preparation of position
papers and background materials for
discussion or approval during Council
meetings;
(3) to assist the Council in coordinating and
monitoring small and medium enterprise
policies and programs and activities of
all government agencies with respect to
small and medium enterprises;
(4) to prepare, collate and integrate all
inputs to the Councils yearly report
on the status of small and medium
enterprises in the country;
(5) to submit periodic reports to the Council
on the progress and accomplishment of
its work programs; and
(6) to perform ad hoc functions as
authorized by the Council.
Section 7. Sec.10 of Republic Act No. 6977 is hereby
Sec. 10 Rationalization of Existing Small and
Medium Enterprise Programs and Agencies.
- The Council shall conduct continuing
review of government programs for small and
medium enterprises and submit to Congress
and the President a report thereon together
with its policy recommendations.
The President is hereby also empowered
to establish a small a and medium enterprise
promotion body which shall be the principal
government agency that will formulate,
implement, coordinate and monitor all non-
fnancing government programs, including
fee-based services, to support and promote
micro, small and medium enterprises. It shall
be attached to the Department of Trade
and Industry and shall be under the policy,
program and administrative supervision of
the SMED Council. The said offce shall
receive no less than ffty percent (50%) of
the assets, and budgetary allocations of the
agencies for promotion, development and
fnancing of small and medium enterprises
that may be henceforth dissolved and/or
abolished and absorbed, incorporated and
integrated into the SMED Council.
Sec. 11 Creation of Small Business Guarantee and
Finance Corporation. -There is hereby created
a body corporate to be known as the Small
Business Guarantee and Finance Corporation,
hereinafter referred to as SBGFC, which shall
source and adopt development initiatives
for globally competitive small and medium
enterprises in terms of fnance, technology,
production, management and business linkages,
and provide, promote, develop and widen in
both scope and service reach various alternative
modes of fnancing for small and medium
enterprises, including but not limited to, direct
and indirect project lending, venture capital,
fnancial leasing, secondary mortgage and/or
rediscounting of loan papers to small business,
secondary/regional stock markets: Provided,
That crop production fnancing shall not be
serviced by the Corporation.
The Corporation shall guarantee loans
obtained by qualifed small and medium
enterprises, local and/or regional associations
small enterprises and industries, private
voluntary organizations and/or cooperatives,
under such terms and conditions adopted by
its Board. It may guarantee loans up to one
hundred percent (100%). It may also provide
second level guarantee (i.e., reinsurance)
on the credit and/or investment guarantees
made by credit guarantee associations
and other institutions in support of small
entrepreneurs.
The Corporation shall become liable under
its guarantees upon proof that the loan has
become past due under such terms and
guidelines adopted by its Board and printed
on the contract of guarantee.
The Small Business Guarantee and Finance
Corporation shall:
(a) be attached to the Department of
Trade and Industry and shall be under
the policy, program and administrative
supervision of the SMED Council;
(b) have its principal place of business in
Metro Manila and endeavor to have
one or more branch offces in every
province of the country;
(c) exercise all the general powers conferred
by law upon corporation under the
Corporation Code as are incidental
or conducive to the attainment of the
objectives of this Act;
(d) have a board of directors upon to which
the powers of the Corporation shall
be vested, to be composed of nine (9)
members including:
(1) three (3) members of the private
sector appointed by the President
upon recommendation of the
SMED Council and from among
whom the Chairman of the Board
shall be appointed by the President
to serve on a full-time basis;
(2) the Secretary of Trade and Industry
or his Undersecretary; and
(3) a representative from each of
the fve (5) government fnancial
institutions mandated in this Act
to provide the initial capital of
the Corporation, who shall be
designated, under guidelines agreed
upon by the Board Chairmen of
said institutions;
(e) Notwithstanding the provisions of Republic
Act No. 6758, and Compensation
Circular No. 10, series of 1989 issued
by the Department of Budget and
Management, the Board of Directors of
SBGFC shall have the authority to extend
to the employees and personnel thereof
the allowance and fringe similar to those
extended to and currently enjoyed by
the employees and personnel of other
government fnancial institutions.
SEC. 13. Mandatory Allocation of Credit
Resource to Small and Medium Enterprises.
- For the period of ten (10) years from the
date of the effectivity of this Act, all lending
institutions as defned under Bangko Sentral
ng Pilipinas rules, whether public of private,
shall set aside at least six (6%) and at least
two percent (2%) for small and medium
enterprises, respectively, of their total loan
portfolio based on their balance sheet as of
the end of the previous quarter, and make it
available for small and medium enterprises
credit as herein contemplated.
The Bangko Sentral ng Pilipinas, in
consultation with the Council, shall formulate
rules for the effective implementation of
this provision: Provided, That the purchase
of government notes, securities and other
negotiable instruments, with the exemptions
of such instruments as may be offered by the
SBGFC which do not pay market rates, shall
not be deemed compliance with the foregoing
provision:Provided, further,That the Bangko
Sentral ng Pilipinas shall establish an incentive
program to encourage lending to small and
medium industries beyond mandatory credit
allocation to said enterprises, such as possible
reduction in banks reserve requirement.
The SMED Council shall set up the
appropriate systems to monitor all
loan applications of small and medium
enterprises in order to account for the
absorptive capacity of the small and
medium enterprises sector.
The Bangko Sentral ng Pilipinas shall
require lending institutions covered by this
Act to furnish to the Small and Medium
Enterprise Development Council on a
quarterly basis regular reports on their
compliance with the above provisions on the
mandatory credit allocations for small and
medium enterprises and expeditiously act
on the Councils reports of non-compliance
therewith.
Section 10. Sec. 14 of Republic Act No, 6977 is hereby
amended to read follows:
SEC. 14. Penalty Clause. - The Bangko
Sentral ng Pilipinas shall impose administrative
sanctions and other penalties on the lending
institutions for non-compliance with provision
of this Act including a fne of not less than Five
hundred thousand pesos (P500,000).
Section 11. Separability Clause. - The provision of this Act are
hereby declared to be separable. If any provision
of this Act shall be held unconstitutional, the
remainder of the Act not other wise affected
shall remain in full force and effect.
Section 12. Repealing Clause. - All laws, executive orders,
rules and regulations, or parts thereof,
inconsistent herewith are hereby repealed or
modifed accordingly.
Section 13. Effectivity. - This Act shall take effect upon
its approval.
Approved:May 6, 1997.
Metro Manila
Tenth Congress
Republic Act No. 8550
February 25, 1998
AN ACT PROVIDING FOR THE
DEVELOPMENT, MANAGEMENT AND
CONSERVATION OF THE FISHERIES AND
AQUATIC RESOURCES, INTEGRATING ALL
LAWS PERTINENT THERETO, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as The
Philippine Fisheries Code of 1998.
CHAPTER I
Declaration of Policy and Defnitions
Section 2. Declaration of Policy. - It is hereby declared
the policy of the State:
(a) to achieve food security as the overriding
consideration in the utilization, management,
development, conservation and protection
of fshery resources in order to provide
the food needs of the population. A fexible
policy towards the attainment of food
security shall be adopted in response to
changes in demographic trends for fsh,
emerging trends in the trade of fsh and
other aquatic products in domestic and
international markets, and the law of
supply and demand; lawphi1
(b) to limit access to the fshery and aquatic
resources of the Philippines for the
exclusive use and enjoyment of Filipino
citizens;
(c) to ensure the rational and sustainable
development, management and
conservation of the fshery and aquatic
resources in Philippine waters including
the Exclusive Economic Zone (EEZ) and
in the adjacent high seas, consistent with
the primordial objective of maintaining a
sound ecological balance, protecting and
enhancing the quality of the environment;
(d) to protect the rights of fisherfolk,
especially of the local communities with
priority to municipal fsherfolk, in the
preferential use of the municipal waters.
Such preferential use, shall be based on,
but not limited to, Maximum Sustainable
Yield (MSY) or Total Allowable Catch
(TAC) on the basis of resources and
ecological conditions, and shall be
consistent with our commitments under
international treaties and agreements;
(e) to provide support to the fishery sector,
primarily to the municipal fisherfolk,
including women and youth sectors,
through appropriate technology
and research, adequate financial,
production, construction of post-
harvest facilities, marketing assistance,
and other services. The protection of
municipal fisherfolk against foreign
intrusion shall extend to offshore
fishing grounds. Fishworkers shall
receive a just share for their labor in
the utilization of marine and fishery
resources;
(f) to manage fshery and aquatic resources, in a
manner consistent with the concept of
an integrated coastal area management
in specific natural fishery management
areas, appropriately supported by
research, technical services and
guidance provided by the State; and
(g) to grant the private sector the privilege
to utilize fshery resources under the
basic concept that the grantee, licensee
or permittee thereof shall not only be
a privileged benefciary of the State
but also active participant and partner
of the Government in the sustainable
development, management, conservation
and protection of the fshery and aquatic
resources of the country.
The state shall ensure the attainment of the
following objectives of the fshery sector:
1. Conservation, protection and sustained
management of the countrys fshery and
aquatic resources;
2. Poverty alleviation and the provision of
supplementary livelihood among
municipal fisherfolk;
3. Improvement of productivity of
aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-
sea resources; and
5. Upgrading of post-harvest technology.
Section 3. Application of its Provisions. - The provisions
of this Code shall be enforced in:
(a) all Philippine waters including other waters
over which the Philippines has sovereignty
and jurisdiction, and the countrys
200-nautical mile Exclusive Economic
Zone (EEZ) and continental shelf;
(b) all aquatic and fshery resources whether
inland, coastal or offshore fshing areas,
including but not limited to fshponds,
fshpens/cages; and
(c) all lands devoted to aquaculture,
or businesses and activities relating to
fshery, whether private or public lands.
lawphi1
Section 4. Defnition of Terms. - As used in this Code,
the following terms and phrases shall mean
as follows:
1. Ancillary Industries - frms or companies
related to the supply, construction and
maintenance of fshing vessels, gears, nets
and other fshing paraphernalia; fshery
machine shops; and other facilities such
as hatcheries, nurseries, feed plants, cold
storage and refrigeration, processing
plants and other pre-harvest and post-
harvest facilities.
2. Appropriate Fishing Technology - adaptable
technology, both in fshing and ancillary
industries, that is ecologically sound, locally
source-based and labor intensive.
3. Aquaculture - fshery operations involving
all forms of raising and culturing fsh and
other fshery species in fresh, brackish
and marine water areas.
4. Aquatic Pollution - the introduction
by human or machine, directly or
indirectly, of substances or energy to
the aquatic environment which result
or is likely to result in such deleterious
effects as to harm living and non-
living aquatic resources, pose potential
and/or real hazard to human health,
hindrance to aquatic activities such
as fishing and navigation, including
dumping/disposal of waste and other
marine litters, discharge of petroleum
or residual products of petroleum or
carbonaceous materials/substances, and
other, radioactive, noxious or harmful
liquid, gaseous or solid substances, from
any water, land or air transport or other
human-made structure. Deforestation,
unsound agricultural practices such as
the use of banned chemicals and excessive
use of chemicals, intensive use of artifcial
fsh feed, and wetland conversion, which
cause similar hazards and deleterious
effects shall also constitute aquatic
pollution.
5. Aquatic Resources - includes fsh, all other
aquatic fora and fauna and other living
resources of the aquatic environment,
including, but not limited to, salt and
corals.
6. Artifcial Reefs - any structure of natural
or man-made materials placed on a body
of water to serve as shelter and habitat,
source of food, breeding areas for fshery
species and shoreline protection.
7. Catch Ceilings - refer to the annual
catch limits allowed to be taken, gathered
or harvested from any fshing area in
consideration of the need to prevent
overfshing and harmful depletion of
breeding stocks of aquatic organisms.
8. Closed Season - the period during which
the taking of specifed fshery species by
a specifed fshing gear is prohibited in a
specifed area or areas in Philippine waters.
9. Coastal Area/Zone - is a band of dry
land and adjacent ocean space (water
and submerged land. in which terrestrial
processes and uses directly affect oceanic
processes and uses, and vice versa; its
geographic extent may include areas
within a landmark limit of one (1. kilometer
from the shoreline at high tide to include
mangrove swamps, brackish water ponds,
nipa swamps, estuarine rivers, sandy
beaches and other areas within a seaward
limit of 200 meters isobath to include
coral reefs, algal fats, seagrass beds and
other soft-bottom areas.
10. Commercial Fishing - the taking of fshery
species by passive or active gear for trade,
business & proft beyond subsistence or
sports fshing, to be further classifed as:
(1) Smal l scale commercial fishing
- fshing with passive or active gear
utilizing fshing vessels of 3.1 gross
tons (GT) up to twenty (20) GT;
(2) Medium scale commercial fshing
- fshing utilizing active gears and
vessels of 20.1 GT up to one hundred
ffty (150) GT; and
(3) Large commercial fshing - fshing
utilizing active gears and vessels of more
than one hundred ffty (150) GT.
11. Commercial Scale - a scheme of
producing a minimum harvest per
hectare per year of milkfsh or other
species including those raised in pens,
cages, and tanks to be determined by
the Department in consultation with the
concerned sectors;
12. Coral - the hard calcareous substance
made up of the skeleton of marine
coelenterate polyps which include reefs,
shelves and atolls or any of the marine
coelenterate animals living in colonies
where their skeletons form a stony mass.
They include: (a. skeletons of anthozoan
coelenterates characterized as having
a rigid axis of compact calcareous or
horny spicules, belonging to the genus
corallium as represented by the red, pink,
and white corals which are considered
precious corals; (b. skeletons of anthozoan
coelenterates characterized by thorny,
horny axis such as the antipatharians
represented by the black corals which
are considered semi-precious corals; and
(c. ordinary corals which are any kind of
corals that are not precious nor semi-
precious.
13. Coral Reef - a natural aggregation of
coral skeleton, with or without living
coral polyps, occurring in intertidal and
subtidal marine waters.
14. Demarcated Areas - boundaries defned
by markers and assigned exclusively to
specifc individuals or organizations for
certain specifed and limited uses such as:
(a) Aquaculture, sea ranching and sea
farming;
(b) Fish aggregating devices;
(c) Fixed and passive fshing gears; and
(d) Fry and fngerlings gathering.
15. Department - shall mean the Department of
Agriculture.
16. Electrofshing - the use of electricity
generated by batteries, electric generators
and other source of electric power to kill,
stupefy, disable or render unconscious
fshery species, whether or not the same
are subsequently recovered.
17. Endangered Rare and/or Threatened
Species - aquatic plants, animals,
including some varieties of corals and sea
shells in danger of extinction as provided
for in existing fshery laws, rules and
regulations or in the Protected Areas
and Wildlife Bureau of the Department
of Environment and Natural Resources
(DENR. and in the Convention on the
International Trade of Endangered
Species of Flora and Fauna (CITES).
18. Exclusive Economic Zone (EEZ. - an area
beyond and adjacent to the territorial
sea which shall not extend beyond 200
nautical miles from the baselines as
defned under existing laws.
19. FARMCs - the Fisheries and Aquatic
Resources Management Councils.
20. Farm-to-Market Roads - shall include
roads linking the fsheries production
sites, coastal landing points and other
post-harvest facilities to major market
and arterial roads and highways.
21. Fine Mesh Net - net with mesh size
of less than three centimeters (3 cm..
measured between two (2. opposite
knots of a full mesh when stretched or as
otherwise determined by the appropriate
government agency.
22. Fish and Fishery/Aquatic Products -
include not only fnfsh but also mollusks,
crustaceans, echinoderms, marine
mammals, and all other species of aquatic
fora and fauna and all other products of
aquatic living resources in any form.
23. Fish Cage - refers to an enclosure which
is either stationary or foating made up of
nets or screens sewn or fastened together
and installed in the water with opening at
the surface or covered and held in a place
by wooden/bamboo posts or various types
of anchors and foats.
24. Fish Corral or Baklad - a stationary weir
or trap devised to intercept and capture fsh
consisting of rows of bamboo stakes, plastic
nets and other materials fenced with split
blood mattings or wire mattings with one or
more enclosures, usually with easy entrance
but diffcult exit, and with or without leaders
to direct the fsh to the catching chambers,
purse or bags.
25. Fish fngerlings - a stage in the life cycle
of the fsh measuring to about 6-13 cm.
depending on the species.
26. Fish fry - a stage at which a fsh has just
been hatched usually with sizes from
1-2.5 cm.
27. Fish pen - an artificial enclosure
constructed within a body of water
for culturing fsh and fshery/aquatic
resources made up of poles closely
arranged in an enclosure with wooden
materials, screen or nylon netting to
prevent escape of fsh.
28. Fisherfolk - people directly or personally
and physically engaged in taking and/or
culturing and processing fshery and/or
aquatic resources.lawphi1
29. Fisherfolk Cooperative - a duly registered
association of fsherfolk with a common
bond of interest, who have voluntarily
joined together to achieve a lawful
common social or economic end, making
equitable contribution to the capital
requirement and accepting a fair share of
the risks and benefts of the undertakings
in accordance with universally accepted
cooperative principles.
30. Fisherfolk Organization - an organized
group, association, federation, alliance or
an institution of fsherfolk which has at
least ffteen (15. members, a set of offcers, a
constitution and by-laws, an organizational
structure and a program of action.
31. Fisheries - refers to all activities relating
to the act or business of fshing, culturing,
preserving, processing, marketing, developing,
conserving and managing aquatic resources
and the fshery areas, including the privilege to
fsh or take aquatic resource thereof.
32. Fish Pond - a land-based facility
enclosed with earthen or stone material
to impound water for growing fsh.
33. Fishing Boat/Gear License - a permit
to operate specifc types of fshing boat/
gear for specifc duration in areas beyond
municipal waters for demersal or pelagic
fshery resources.
34. Fishery Management Areas - a bay,
gulf, lake or any other fshery area which
may be delineated for fshery resource
management purposes.
35. Fishery Operator - one who owns and
provides the means including land, labor,
capital, fshing gears and vessels, but does
not personally engage in fshery.
36. Fishery Refuge and Sanctuaries - a
designated area where fshing or other
forms of activities which may damage the
ecosystem of the area is prohibited and
human access may be restricted.
37. Fishery Reserve - a designated area where
activities are regulated and set aside for
educational and research purposes.
38. Fishery Species - all aquatic fora and
fauna including, but not restricted to,
fsh, algae, coelenterates, mollusks,
crustaceans, echinoderms and cetaceans.
39. Fishing - the taking of fshery species from
their wild state of habitat, with or without
the use of fshing vessels.
40. Fishing gear - any instrument or device and
its accessories utilized in taking fsh and
other fshery species.
(a) Active fshing gear - is a fshing device
characterized by gear movements, and/
or the pursuit of the target species by
towing, lifting, and pushing the gears,
surrounding, covering, dredging,
pumping and scaring the target species
to impoundments; such as, but not
limited to, trawl, purse seines, Danish
seines, bag nets, paaling, drift gill net
and tuna longline.
(b) Passive fshing gear - is characterized by
the absence of gear movements and/
or the pursuit of the target species;
such as, but not limited to, hook and
line, fshpots, traps and gill nets across
the path of the fsh.
41. Fishing vessel - any boat, ship or other
watercraft equipped to be used for taking
of fshery species or aiding or assisting one
(1. or more vessels in the performance of
any activity relating to fshing, including,
but not limited to, preservation, supply,
storage, refrigeration, transportation
and/or processing.
42. Fishing with Explosives - the use of the
dynamite, other explosives or other
chemical compounds that contain
combustible elements or ingredients
which upon ignition by friction,
concussion, percussion or detonation
of all or parts of the compound, will kill,
stupefy, disable or render unconscious
any fishery species. It also refers to
the use of any other substance and/
or device which causes an explosion
that is capable of producing the said
harmful effects on any fishery species
and aquatic resources and capable of
damaging and altering the natural
habitat.
43. Fishing with Noxious or Poisonous
Substances - the use of any substance,
plant extracts or juice thereof, sodium
cyanide and/or cyanide compounds
or other chemicals either in a raw or
processed form, harmful or harmless to
human beings, which will kill, stupefy,
disable or render unconscious any fshery
species and aquatic resources and capable
of damaging and altering the natural
habitat.
44. Fishworker - a person regularly or not
regularly employed in commercial
fshing and related industries, whose
income is either in wage, proft-sharing
or stratifed sharing basis, including
those working in fsh pens, fsh cages, fsh
corrals/traps, fshponds, prawn farms,
sea farms, salt beds, fsh ports, fshing
boat or trawlers, or fsh processing and/
or packing plants. Excluded from this
category are administrators, security
guards and overseers.
45. Food Security - refers to any plan, policy
or strategy aimed at ensuring adequate
supplies of appropriate food at affordable
prices. Food security may be achieved
through self-suffciency (i.e. ensuring
adequate food supplies from domestic
production), through self-reliance (i.e.
ensuring adequate food supplies through
a combination of domestic production
and importation), or through pure
importation.
46. Foreshore Land - a string of land
margining a body of water; the part of
a seashore between the low-water line
usually at the seaward margin of a low
tide terrace and the upper limit of wave
wash at high tide usually marked by a
beach scarp or berm.
47. Fully-developed Fishpond Area - a
clean leveled area enclosed by dikes, at
least one foot higher than the highest
foodwater level in the locality and strong
enough to resist pressure at the highest
food tide; consists of at least a nursery
pond, a transition pond, a rearing pond
or a combination of any or all said classes
of ponds, and a functional water control
system and producing in a commercial
scale.
48. Gross Tonnage - includes the underdeck
tonnage, permanently enclosed spaces
above the tonnage deck, except for
certain exemptions. In broad terms, all
the vessels closed-in spaces expressed
in volume terms on the bases of one
hundred cubic feet (that equals one gross
ton).
49. Inland Fishery - the freshwater fshery
and brackishwater fshponds.
50. Lake - an inland body of water, an
expanded part of a river, a reservoir formed
by a dam, or a lake basin intermittently or
formerly covered by water.
51. Limited Access - a fshery policy by
which a system of equitable resource and
allocation is established by law through
fshery rights granting and licensing
procedure as provided by this Code.
52. Mangroves - a community of intertidal
plants including all species of trees,
shrubs, vines and herbs found on coasts,
swamps, or border of swamps.
53. Maximum Sustainable Yield (MSY - is
the largest average quantity of fsh that
can be harvested from a fsh stocks/
resource within a period of time (e.g. one
year. on a sustainable basis under existing
environmental conditions.
54. Migratory species - refers to any fshery
species which in the course of their life
could travel from freshwater to marine
water or vice versa, or any marine
species which travel over great distances
in waters of the ocean as part of their
behavioral adaptation for survival and
speciation:
(a) Anadromous species - marine fshes
which migrate to freshwater areas to
spawn;
(b) Catadromous species - freshwater
fshes which migrate to marine areas
to spawn.
55. Monitoring, control and surveillance -
(a) Monitoring - the requirement of
continuously observing: (1) fshing
effort which can be expressed by the
number of days or hours of fshing,
number of fshing gears and number
of fsherfolk; (2) characteristics of
fshery resources; and (3) resource
yields (catch);
(b) Control - the regulatory conditions
(legal framework) under which
the exploitation, utilization and
disposition of the resources may be
conducted; and
(c) Surveillance - the degree and types of
observations required to maintain
compliance with regulations.
lawphi1ALF
56. Municipal fsherfolk - persons who
are directly or indirectly engaged in
municipal fshing and other related
fshing activities.
57. Municipal fshing - refers to fshing
within municipal waters using fshing
vessels of three (3. gross tons or less, or
fshing not requiring the use of fshing
vessels.
58. Municipal waters - include not only
streams, lakes, inland bodies of water
and tidal waters within the municipality
which are not included within the
protected areas as defined under
Republic Act No. 7586 (The NIPAS
Law), public forest, timber lands, forest
reserves or fishery reserves, but also
marine waters included between two
(2. lines drawn perpendicular to the
general coastline from points where
the boundary lines of the municipality
touch the sea at low tide and a third
line parallel with the general coastline
including offshore islands and fifteen
(15. kilometers from such coastline.
Where two (2. municipalities are so
situated on opposite shores that there
is less than thirty (30. kilometers of
marine waters between them, the
third line shall be equally distant
from opposite shore of the respective
municipalities.
59. Non-governmental organization
(NGO. - an agency, institution, a
foundation or a group of persons
whose purpose is to assist peoples
organizations/associations in various
ways including, but not limited to,
organizing, education, training,
research and/or resource accessing.
60. Payao - a fsh aggregating device
consisting of a loating raft anchored by
a weighted line with suspended materials
such as palm fronds to attract pelagic
and schooling species common in deep
waters.
61. Pearl Farm Lease - public waters leased
for the purpose of producing cultured
pearls.
62. Peoples Organization - a bona
fide association of citizens with
demonstrated capacity to promote the
public interest and with identifiable
leadership, membership and structure.
Its members belong to a sector/s who
voluntarily band themselves together
to work for and by themselves for their
own upliftment, development and
greater good.
63. Person - natural or juridical entities such
as individuals, associations, partnership,
cooperatives or corporations.
64. Philippine waters - include all
bodies of water within the Philippine
territory such as lakes, rivers, streams,
creeks, brooks, ponds, swamps,
lagoons, gulfs, bays and seas and
other bodies of water now existing
or which may hereafter exist in the
provinces, cities, municipalities, and
barangays and the waters around,
between and connecting the islands
of the archipelago regardless of their
breadth and dimensions, the territorial
sea, the sea beds, the insular shelves,
and all other waters over which the
Philippines has sovereignty and
jurisdiction including the 200-nautical
miles Exclusive Economic Zone and
the continental shelf.
65. Post-harvest facilities - these facilities
include, but are not limited to, fshport,
fshlanding, ice plants and cold storages,
fsh processing plants.
66. Purse Seine - a form of encircling
net having a line at the bottom passing
through rings attached to the net,
which can be drawn or pursed. In
general, the net is set from a boat or
pair of boats around the school of fish.
The bottom of the net is pulled closed
with the purse line. The net is then
pulled aboard the fishing boat or boats
until the fish are concentrated in the
bunt or fish bag.
67. Resource Rent - the difference between
the value of the products produced from
harvesting a publicly owned resource
less the cost of producing it, where cost
includes the normal return to capital and
normal return to labor.
68. Sea farming - the stocking of natural
or hatchery-produced marine plants or
animals, under controlled conditions, for
purposes of rearing and harvesting, but
not limited to commercially-important
fshes, mollusks (such as pearl and giant
clam culture), including seaweeds and
seagrasses.
69. Sea ranching - the release of the
young of fishery species reared in
hatcheries and nurseries into natural
bodies of water for subsequent harvest
at maturity or the manipulation of
fishery habitat, to encourage the
growth of the wild stocks.
70. Secretary - the Secretary of the
Department of Agriculture.
71. Superlight - also called magic light, is
a type of light using halogen or metal
halide bulb which may be located above
the sea surface or submerged in the
water. It consists of a ballast, regulator,
electric cable and socket. The source of
energy comes from a generator, battery
or dynamo coupled with the main engine.
72. Total Allowable Catch (TAC. - the
maximum harvest allowed to be taken
during a given period of time from any
fshery area, or from any fshery species or
group of fshery species, or a combination
of area and species and normally would
not exceed the MSY.
73. Trawl - an active fshing gear consisting of
a bag shaped net with or without otter
boards to open its opening which is
dragged or towed along the bottom or
through the water column to take fshery
species by straining them from the water,
including all variations and modifcations
of trawls (bottom, mid-water, and baby
trawls) and tow nets.
CHAPTER II
Utilization, Management, Development,
Conservation and Allocation System of Fisheries
and Aquatic Resources
Section 5. Use of Philippine Waters. - The use and
exploitation of the fshery and aquatic resources
in Philippine waters shall be reserved exclusively
to Filipinos: Provided, however, That research
and survey activities may be allowed under
strict regulations, for purely research, scientifc,
technological and educational purposes that
would also beneft Filipino citizens.
Section 6. Fees and Other Fishery Charges. - The rentals
for fshpond areas covered by the Fishpond
Lease Agreement (FLA) and license fees for
Commercial Fishing Boat Licenses (CFBL)
shall be set at levels that refect resource rent
accruing from the utilization of resources
and shall be determined by the Department:
Provided, That the Department shall also
prescribe fees and other fshery charges and
issue the corresponding license or permit
for fshing gear, fshing accessories and other
fshery activities beyond the municipal waters:
Provided, further, That the license fees of fshery
activity in municipal waters shall be determined
by the Local Government Units (LGUs) in
consultation with the FARMCs. The FARMCs
may also recommend the appropriate license
fees that will be imposed.
Section 7. Access to Fishery Resources. - The Department
shall issue such number of licenses and permits
for the conduct of fshery activities subject
to the limits of the MSY of the resource
as determined by scientifc studies or best
available evidence. Preference shall be given
to resource users in the local communities
adjacent or nearest to the municipal waters.
Section 8. Catch Ceiling Limitations. - The Secretary
may prescribe limitations or quota on
the total quantity of fsh captured, for a
specifed period of time and specifed area
based on the best available evidence. Such
a catch ceiling may be imposed per species
of fsh whenever necessary and practicable:
Provided, however, That in municipal
waters and fshery management areas, and
waters under the jurisdiction of special
agencies, catch ceilings may be established
upon the concurrence and approval or
recommendation of such special agency and
the concerned LGU in consultation with
the FARMC for conservation or ecological
purposes.
Section 9. Establishment of Closed Season. - The Secretary
may declare, through public notice in at least
two (2) newspapers of general circulation or
in public service announcements, whichever
is applicable, at least fve (5) days before the
declaration, a closed season in any or all
Philippine waters outside the boundary of
municipal waters and in bays, for conservation
and ecological purposes. The Secretary may
include waters under the jurisdiction of
special agencies, municipal waters and bays,
and/or other areas reserved for the use of the
municipal fsherfolk in the area to be covered
by the closed season: Provided, however, That
this shall be done only upon the concurrence
and approval or recommendation of such
special agency and the concerned LGU and
FARMC: Provided, further, That in municipal
waters, fshery management areas and other
areas reserved for the use of the municipal
fsherfolk, closed season may be established
by the concerned LGU in consultation with
the FARMC for conservation or ecological
purposes. The FARMCs may also recommend
the establishment of closed seasons in
municipal waters, fsheries management
and other areas reserved for the use of the
municipal fsherfolk.
Section 10. Introduction of Foreign Aquatic Species. - No
foreign fnfsh, mollusk, crustacean or aquatic
plants shall be introduced in Philippine waters
without a sound ecological, biological and
environmental justifcation based on scientifc
studies subject to the bio-safety standard
as provided for by existing laws: Provided,
however, That the Department may approve
the introduction of foreign aquatic species for
scientifc/research purposes.
Section 11. Protection of Rare, Threatened and Endangered
Species. - The Department shall declare
closed seasons and take conservation and
rehabilitation measures for rare, threatened
and endangered species, as it may determine,
and shall ban the fshing and/or taking of
rare, threatened and/or endangered species,
including their eggs/offspring as identifed by
existing laws in concurrence with concerned
government agencies.
Section 12. Environmental Impact Statement (EIS). -
All government agencies as well as private
corporations, frms and entities who intend
to undertake activities or projects which will
affect the quality of the environment shall be
required to prepare a detailed Environmental
Impact Statement (EIS) prior to undertaking
such development activity. The preparation of
the EIS shall form an integral part of the entire
planning process pursuant to the provisions
of Presidential Decree No. 1586 as well as its
implementing rules and regulations.
Section 13. Environmental Compliance Certifcate (ECC). - All
Environmental Impact Statements (EIS) shall be
submitted to the Department of Environment
and Natural Resources (DENR) for review and
evaluation. No person, natural or juridical, shall
undertake any development project without
frst securing an Environmental Compliance
Certifcate (ECC) from the Secretary of the
DENR.
Section 14. Monitoring, Control and Surveillance of Philippine
Waters. - A monitoring, control and surveillance
system shall be established by the Department
in coordination with LGUs, FARMCs, the
private sector and other agencies concerned to
ensure that the fsheries and aquatic resources
in Philippine waters are judiciously and wisely
utilized and managed on a sustainable basis
and conserved for the beneft and enjoyment
exclusively of Filipino citizens.
Section 15. Auxiliary Invoices. - All fsh and fshery products
must have an auxiliary invoice to be issued by the
LGUs or their duly authorized representatives
prior to their transport from their point of origin
to their point of destination in the Philippines
and/or export purposes upon payment of a
fee to be determined by the LGUs to defray
administrative costs therefor.
ARTICLE I
MUNICIPAL FISHERIES
Section 16. Jurisdiction of Municipal/City Government. -
The municipal/city government shall have
jurisdiction over municipal waters as defned
in this Code. The municipal/city government,
in consultation with the FARMC shall be
responsible for the management, conservation,
development, protection, utilization, and
disposition of all fish and fishery/aquatic resources
within their respective municipal waters.
The municipal/city government may,
in consultation with the FARMC, enact
appropriate ordinances for this purpose
and in accordance with the National
Fisheries Policy. The ordinances enacted
by the municipality and component city
shall be reviewed pursuant to Republic
Act No. 7160 by the sanggunian of the
province which has jurisdiction over the
same.
The LGUs shall also enforce all fshery laws,
rules and regulations as well as valid fshery
ordinances enacted by the municipal/city
council.
The management of contiguous fishery
resources such as bays which straddle
several municipalities, cities or provinces,
shall be done in an integrated manner, and
shall not be based on political subdivisions
of municipal waters in order to facilitate
their management as single resource
systems. The LGUs which share or border
such resources may group themselves and
coordinate with each other to achieve the
objectives of integrated fishery resource
management. The Integrated Fisheries and
Aquatic Resources Management Councils
(FARMCs) established under Section 76
of this Code shall serve as the venues for
close collaboration among LGUs in the
management of contiguous resources.
Section 17. Grant of Fishing Privileges in Municipal Waters. -
The duly registered fsherfolk organizations/
cooperatives shall have preference in the
grant of fshery rights by the Municipal/
City Council pursuant to Section 149 of the
Local Government Code: Provided, That
in areas where there are special agencies or
offces vested with jurisdiction over municipal
waters by virtue of special laws creating
these agencies such as, but not limited to, the
Laguna Lake Development Authority and the
Palawan Council for Sustainable Development,
said offces and agencies shall continue to
grant permits for proper management and
implementation of the aforementioned
structures.
Section 18. Users of Municipal Waters. - All fshery
related activities in municipal waters, as
defned in this Code, shall be utilized by
municipal fsherfolk and their cooperatives/
organizations who are listed as such in the
registry of municipal fsherfolk.
The municipal or city government, however,
may, through its local chief executive and
acting pursuant to an appropriate ordinance,
authorize or permit small and medium
commercial fshing vessels to operate
within the ten point one (10.1) to ffteen
(15) kilometer area from the shoreline in
municipal waters as defned herein, provided,
that all the following are met:
(a) no commercial fshing in municipal waters
with depth less than seven (7) fathoms as
certifed by the appropriate agency;
(b) fishing activities utilizing methods
and gears that are determined to be
consistent with national policies set by
the Department;
(c) prior consultation, through public hearing,
with the M/CFARMC has been conducted;
and
(d) the applicant vessel as well as the
shipowner, employer, captain and crew
have been certifed by the appropriate
agency as not having violated this Code,
environmental laws and related laws.
In no case shall the authorization or permit
mentioned above be granted for fshing in
bays as determined by the Department to
be in an environmentally critical condition
and during closed season as provided for in
Section 9 of this Code.
Section 19. Registry of Municipal Fisherfolk. - The LGU
shall maintain a registry of municipal
fsherfolk, who are fshing or may desire
to fsh in municipal waters for the purpose
of determining priorities among them, of
limiting entry into the municipal waters,
and of monitoring fshing activities an/or
other related purposes: Provided, That the
FARMC shall submit to the LGU the list of
priorities for its consideration.
Such list or registry shall be updated annually
or as may be necessary, and shall be posted
in barangay halls or other strategic locations
where it shall be open to public inspection,
for the purpose of validating the correctness
and completeness of the list. The LGU,
in consultation with the FARMCs, shall
formulate the necessary mechanisms for
inclusion or exclusion procedures that shall
be most benefcial to the resident municipal
fsherfolk. The FARMCs may likewise
recommend such mechanisms.
The LGUs shall also maintain a registry of
municipal fshing vessels by type of gear and
other boat particulars with the assistance of
the FARMC.
Section 20. Fisherfolk Organizations and/or Cooperatives. -
Fisherfolk organizations/cooperatives whose
members are listed in the registry of municipal
fsherfolk, may be granted use of demarcated
fshery areas to engage in fsh capture,
mariculture and/or fsh farming: Provided,
however, That an organization/cooperative
member whose household is already in
possession of a fshery right other than for fsh
capture cannot enjoy the fshing rights granted
to the organization or cooperative.
Section 21. Priority of Resident Municipal Fisherfolk. -
Resident municipal fisherfolk of the
municipality concerned and their
organizations/cooperatives shall have
priority to exploit municipal and demarcated
fshery areas of the said municipality.
Section 22. Demarcated Fishery Right. - The LGU
concerned shall grant demarcated fshery
rights to fshery organizations/cooperatives
for mariculture operation in specifc areas
identifed by the Department.
Section 23. Limited Entry Into Overfshed Areas. - Whenever
it is determined by the LGUs and the
Department that a municipal water is overfshed
based on available data or information or in
danger of being overfshed, and that there is a
need to regenerate the fshery resources in that
water, the LGU shall prohibit or limit fshery
activities in the said waters.
Section 24. Support to Municipal Fisherfolk. - The
Department and the LGUs shall provide
support to municipal fsherfolk through
appropriate technology and research, credit,
production and marketing assistance and other
services such as, but not limited to training for
additional/supplementary livelihood.
Section 25. Rights and Privileges of Fishworkers. - The
fshworkers shall be entitled to the privileges
accorded to other workers under the Labor
Code, Social Security System and other
benefts under other laws or social legislation
for workers: Provided, That fshworkers
on board any fshing vessels engaged in
fshing operations are hereby covered by the
Philippine Labor Code, as amended.
ARTICLE II
COMMERCIAL FISHERIES
Section 26. Commercial Fishing Vessel License and
Other Licenses. - No person shall operate
a commercial fshing vessel, pearl fshing
vessel or fshing vessel for scientifc, research
or educational purposes, or engage in any
fshery activity, or seek employment as
a fshworker or pearl diver without frst
securing a license from the Department,
the period of which shall be prescribed by
the Department: Provided, That no such
license shall be required of a fshing vessel
engaged in scientifc, research or educational
purposes within Philippine waters pursuant
to an international agreement of which
the Philippines is a signatory and which
agreement defnes the status, privileges and
obligations of said vessel and its crew and
the non-Filipino offcials of the international
agency under which said vessel operates:
Provided, further, That members of the
crew of a fshing vessel used for commercial
fshing except the duly licensed and/or
authorized patrons, marine engineers, radio
operators and cooks shall be considered as
fsherfolk: Provided, furthermore, That all
skippers/master fshers shall be required
to undertake an orientation training on
detection of fsh caught by illegal means before
they can be issued their fshworker licenses:
Provided, fnally, That the large commercial
fshing vessels license herein authorized to be
granted shall allow the licensee to operate only
in Philippine waters seven (7) or more fathoms
deep, the depth to be certifed by the NAMRIA,
and subject to the conditions that may be stated
therein and the rules and regulations that may
be promulgated by the Department.
Section 27. Persons Eligible for Commercial Fishing Vessel
License. - No commercial fshing vessel
license shall be issued except to citizens of the
Philippines, partnerships or to associations,
cooperatives or corporations duly registered
in the Philippines at least sixty percent
(60%) of the capital stock of which is owned
by Filipino citizens. No person to whom a
license has been issued shall sell, transfer
or assign, directly or indirectly, his stock or
interest therein to any person not qualifed
to hold a license. Any such transfer, sale or
assignment shall be null and void and shall not
be registered in the books of the association,
cooperative or corporation.
For purposes of commercial fshing, fshing
vessels owned by citizens of the Philippines,
partnerships, corporations, cooperatives or
associations qualifed under this section shall
secure Certifcates of Philippine Registry
and such other documents as are necessary
for fishing operations from the concerned
agencies: Provided, That the commercial
fshing vessel license shall be valid for a period
to be determined by the Department.
Section 28. Commercial Fishing Vessel Registration. - The
registration, documentation, inspection and
manning of the operation of all types of fshing
vessels plying Philippine waters shall be in
accordance with laws, rules and regulations.
Section 29. Registration and Licensing of Fishing Gears Used
in Commercial Fishing. - Before a commercial
fshing vessel holding a commercial fshing
vessel license may begin fshing operations
in Philippine waters, the fshing gear it will
utilize in fshing shall be registered and a
license granted therefor. The Department
shall promulgate guidelines to implement
this provision within sixty (60) days from
approval of this Code.
Section 30. Renewal of Commercial Boat License. - The
commercial fshing boat license shall be
renewed every three (3) years.
The owner/operator of a fshing vessel
has a period of sixty (60) days prior to the
expiration of the license within which to
renew the same.
Section 31. Report of Transfer of Ownership. - The owner/
operator of a registered fshing vessel shall
notify the Department in writing of the
transfer of the ownership of the vessel with a
copy of such document within ten (10) days
after its transfer to another person.
Section 32. Fishing by Philippine Commercial Fishing Fleet
in International Waters. - Fishing vessels of
Philippine registry may operate in international
waters or waters of other countries which allow
such fshing operations: Provided, That they
comply with the safety, manning and other
requirements of the Philippine Coast Guard,
Maritime Industry Authority and other agencies
concerned: Provided, however, That they secure
an international fshing permit and certifcate
of clearance from the Department: Provided,
further, That the fsh caught by such vessels shall
be considered as caught in Philippine waters and
therefore not subject to all import duties and taxes
only when the same is landed in duly designated
fsh landings and fsh ports in the Philippines:
Provided, furthermore, That landing ports
established by canneries, seafood processors
and all fsh landing sites established prior to
the effectivity of this Code shall be considered
authorized landing sites: Provided, fnally, That
fshworkers on board Philippine registered
fshing vessels conducting fshing activities
beyond the Philippine Exclusive Economic
Zone are not considered as overseas Filipino
workers.
Section 33. Importation of Fishing Vessels or Construction of
New Fishing Boats. - Prior to the importation of
fishing vessels and the construction ofnew
fshing vessels, the approval/clearance of the
Department must frst be obtained.
Section 34. Incentives for Municipal and Small-Scale
Commercial Fisherfolk. - Municipal and small-
scale commercial fsherfolk shall be granted
incentives which shall include, but are not
limited to, the following:
(a) at least ten percent (10%) of the credit
and the guarantee funds of government
fnancing institutions shall be made
available for post-harvest and marketing
projects for the purpose of enhancing our
fsherfolk competitiveness by reducing
post-harvest losses. Qualifed projects
shall include, but shall not be limited
to, ice plants, cold storage, canning,
warehouse, transport and other related
infrastructure projects and facilities; and
(b) the Department shall undertake the
following programs:
1. a capability-building program for
targeted parties shall be developed by
the Department to promote greater
bankability and credit worthiness of
municipal and small-scale commercial
fshers. Such program shall include
organizing activities, technology transfer,
and skills training related to commercial
fshing as well as credit management.
Groups and cooperatives organized
under the program shall have priority
access over credit and guarantee funds
established under this Code; and
2. an information campaign shall be
conducted to promote the capability
building and credit programs. The
campaign shall ensure greater
information dissemination and
accessibility to targeted fsherfolk.
Section 35. Incentives for Commercial Fishers to Fish
Farther into the Exclusive Economic Zone. -
In order to encourage fishing vessel
operators to fish farther in the EEZ and
beyond, new incentives for improvement
of fishing vessels and acquisition of fishing
equipment shall be granted in addition to
incentives already available from the Board
of Investments (BOI). Such incentives shall
be granted subject to exhaustive evaluation
of resource and exploitation conditions in
the specified areas of fishing operations.
The incentive shall include, but not be
limited to:
(a) long term loans supported by guarantee
facilities to fnance the building and
acquisition and/or improvement of
fshing vessels and equipment;
(b) commercial fshing vessel operators of
Philippine registry shall enjoy a limited
period of tax and duty exemptions on the
importation of fshing vessels not more
than fve (5) years old, equipment and
paraphernalia, the period of exemption
and guidelines shall be fixed by the
Department within ninety (90) days from
the effectivity of this Code;
(c) commercial fshing operator of Philippine
registry engaged in fsheries in the high
seas shall be entitled to duty and tax rebates
on fuel consumption for commercial
fisheries operations. Guidelines shall
be promulgated within ninety (90) days
from the effectivity of this Code by the
Department; and
(d) all applicable incentives available under
the Omnibus Investment Code of 1987:
Provided, That the fshing operation
project is qualifed for registration and is
duly registered with the BOI.
Section 36. Complement of Fishing Vessels. - Every
commercial fshing vessel of Philippine
registry when actually operated, shall be
manned in accordance with the requirements
of the Philippine Merchant Marine rules and
regulations.
Section 37. Medical Supplies and Life-Saving Devices. - All
fshing vessels shall be provided with adequate
medical supplies and life-saving devices to be
determined by the Occupational Safety and
Health Center: Provided, That a fshing vessel of
twenty (20) GT or more shall have as a member
of its crew a person qualifed as a frst aider duly
certifed by the Philippine National Red Cross.
Section 38. Reportorial Requirements. - Each commercial
fshing vessel shall keep a daily record of
fsh catch and spoilage, landing points, and
quantity and value of fsh caught, and off-loaded
for transshipment, sale and/or other disposal.
Detailed information shall be duly certifed by
the vessels captain and transmitted monthly to
the offcer or representative of the Department,
at the nearest designated landing point.
Section 39. Report of Meteorological and Other Data. -
All vessels and crafts passing navigational
lanes or engaged in fsheries activity shall be
required to contribute to meteorological and
other data, and shall assist the Department in
documentation or reporting of information
vital to navigation and the fshing industry.
Section 40. Color Code and Radio Frequency. - For administrative
effciency and enforcement of regulations,
registered fshing vessels shall bear a color code as
may be determined by the Department and may
be assigned a radio frequency specifc and
distinct to its area of operation.
Section 41. Passage. - Commercial and other passage not in
the regular conduct of fsheries activity shall be
made at designated navigational lanes.
Section 42. Transshipment. - Foreign fishing vessels
wishing to avail of land, air and sea facilities
available in the Philippines to transport fshery
products which are caught outside Philippine
territorial waters to its fnal destination shall
call only at duly designated government-owned
or-controlled regional fshport complexes after
securing clearance from the Department.
Section 43. Operation of Radio Communication Facilities
on Board Fishing Vessels. - The Department
shall promulgate guidelines in the operation
of radio communication facilities on board
fshing vessels and the assignment of radio
frequencies specifc and distinct to area of
operation in coordination with the National
Telecommunications Commission.
Section 44. Use of Superlight. - The number and wattage
of superlights used in commercial fshing
vessels shall be regulated by the Department:
Provided, That the use of superlights is
banned within municipal waters and bays.
ARTICLE III
AQUACULTURE
Section 45. Disposition of Public Lands for Fishery Purposes. -
Public lands such as tidal swamps, mangroves,
marshes, foreshore lands and ponds suitable
for fshery operations shall not be disposed
or alienated. Upon effectivity of this Code,
FLA may be issued for public lands that
may be declared available for fshpond
development primarily to qualifed fsherfolk
cooperatives/associations: Provided, however,
That upon the expiration of existing FLAs
the current lessees shall be given priority
and be entitled to an extension of twenty-
five (25) years in the utilization of their
respective leased areas. Thereafter, such
FLAs shall be granted to any Filipino citizen
with preference, primarily to qualifed
fsherfolk cooperatives/associations as well
as small and medium enterprises as defned
under Republic Act No. 8289: Provided,
further, That the Department shall declare
as reservation, portions of available public
lands certifed as suitable for fshpond
purposes for fsh sanctuary, conservation,
and ecological purposes: Provided, fnally,
That two (2) years after the approval of this
Act, no fsh pens or fsh cages or fsh traps
shall be allowed in lakes.
Section 46. Lease of Fishponds. - Fishpond leased to
qualifed persons and fsherfolk organizations/
cooperatives shall be subject to the following
conditions:
(a) Areas leased for fshpond purposes shall be
no more than 50 hectares for individuals
and 250 hectares for corporations or
fsherfolk organizations;
(b) The lease shall be for a period of twenty-
fve (25) years and renewable for another
twenty-fve (25) years: Provided, That
in case of the death of the lessee, his
spouse and/or children, as his heirs, shall
have preemptive rights to the unexpired
term of his Fishpond Lease Agreement
subject to the same terms and conditions
provided herein provided that the said
heirs are qualifed;
(c) Lease rates for fshpond areas shall be
determined by the Department: Provided,
That all fees collected shall be remitted
to the National Fisheries Research and
Development Institute and other qualifed
research institutions to be used for
aquaculture research development;
(d) The area leased shall be developed and
producing on a commercial scale within
three (3) years from the approval of the
lease contract: Provided, however, That
all areas not fully producing within fve
(5) years from the date of approval of the
lease contract shall automatically revert
to the public domain for reforestation;
(e) The fshpond shall not be subleased, in whole
or in part, and failure to comply with this
provision shall mean cancellation of FLA;
(f) The transfer or assignment of rights to
FLA shall be allowed only upon prior
written approval of the Department;
(g) The lessee shall undertake reforestation
for river banks, bays, streams, and
seashore fronting the dike of his fshpond
subject to the rules and regulations to be
promulgated thereon; and
(h) The lessee shall provide facilities that will
minimize environmental pollution, i.e.,
settling ponds, reservoirs, etc: Provided,
That failure to comply with this provision
shall mean cancellation of FLA.
Section 47. Code of Practice for Aquaculture. - The
Department shall establish a code of
practice for aquaculture that will outline
general principles and guidelines for
environmentally-sound design and
operation to promote the sustainable
development of the industry. Such Code
shall be developed through a consultative
process with the DENR, the fishworkers,
FLA holders, fishpond owners, fisherfolk
cooperatives, small-scale operators,
research institutions and the academe,
and other potential stakeholders. The
Department may consult with specialized
international organizations in the
formulation of the code of practice.
Section 48. Incentives and Disincentives for Sustainable
Aquaculture Practices. - The Department shall
formulate incentives and disincentives, such
as, but not limited to, effuent charges, user
fees and negotiable permits, to encourage
compliance with the environmental standards
and to promote sustainable management
practices.
Section 49. Reversion of All Abandoned, Undeveloped
or Underutilized Fishponds. - The
DENR, in coordination with the
Department, LGUs, other concerned
agencies and FARMCs shall determine
which abandoned, underdeveloped or
underutilized fishponds covered by
FLAs can be reverted to their original
mangrove state and after having made such
determination shall take all steps necessary to
restore such areas in their original mangrove
state.
Section 50. Absentee Fishpond Lease Agreement
Holders. - Holders of fishpond lease
agreements who have acquired
citizenship in another country during
the existence of the FLA shall have their
lease automatically cancelled and the
improvements thereon to be forfeited in
favor of the government and disposed of
in accordance with rules and regulations
promulgated thereon.
Section 51. License to Operate Fish Pens, Fish Cages, Fish
Traps and Other Structures for the Culture of
Fish and Other Fishery Products. - Fish pens,
fish cages, fish traps and other structures
for the culture of fish and other fishery
products shall be constructed and shall
operate only within established zones
duly designated by LGUs in consultation
with the FARMCs concerned consistent
with national fisheries policies after the
corresponding licenses thereof have been
secured. The area to be utilized for this
purpose for individual person shall be
determined by the LGUs in consultation
with the concerned FARMC: Provided,
however, That not over ten percent (10%)
of the suitable water surface area of
all lakes and rivers shall be allotted for
aquaculture purposes like fish pens, fish
cages and fish traps; and the stocking
density and feeding requirement which
shall be controlled and determined by its
carrying capacity: Provided, further, That
fish pens and fish cages located outside
municipal waters shall be constructed and
operated only within fish pen and fish
cage belts designated by the Department
and after corresponding licenses therefor
have been secured and the fees thereof
paid.
Section 52. Pearl Farm Leases. - The foregoing
provisions notwithstanding, existing pearl
farm leases shall be respected and allowed
to operate under the terms thereof.
New leases may be granted to qualified
persons who possess the necessary capital
and technology, by the LGUs having
jurisdiction over the area.
Section 53. Grant of Privileges for Operations of Fish
Pens, Cages, Corrals/Traps and Similar
Structures. - No new concessions, licenses,
permits, leases and similar privileges for
the establishment or operation of fish pens,
fish cages, fish corrals/traps and other
similar structures in municipal areas shall
be granted except to municipal fisherfolk
and their organizations.
Section 54. Insurance for Fishponds, Fish Cages and Fish
Pens. - Inland fshponds, fsh cages and fsh
pens shall be covered under the insurance
program of the Philippine Crop Insurance
Corporation for losses caused by force
majeure and fortuitous events.
Section 55. Non-Obstruction to Navigation. - Nothing in
the foregoing sections shall be construed as
permitting the lessee, licensee, or permittee
to undertake any construction which will
obstruct the free navigation in any stream,
river, lakes, or bays fowing through or
adjoining the fsh pens, fsh cages, fsh traps
and fshponds, or impede the fow of the tide
to and from the area. Any construction made
in violation hereof shall be removed upon
the order of the Department in coordination
with the other government agencies
concerned at the expense of the lessee,
licensee, or occupants thereof, whenever
applicable. The Department shall within
thirty (30) days after the effectivity of this
Code formulate and implement rules and
regulations for the immediate dismantling of
existing obstruction to navigation.
Section 56. Non-Obstruction to Defned Migration Paths. -
Nothing in the foregoing sections shall be
construed as permitting the lessee, permittee,
or licensee to undertake any construction
which will obstruct any defned migration path
of migratory fsh species such as river mouths
and estuaries with a distance determined
by the concerned LGUs in consultation
with and upon the recommendation of the
FARMCs.
Section 57. Registration of Fish Hatcheries and Private
Fishponds, etc. - All fsh hatcheries, fsh breeding
facilities and private fshponds must be
registered with the LGUs which shall prescribe
minimum standards for such facilities in
consultation with the Department: Provided,
That the Department shall conduct a yearly
inventory of all fshponds, fsh pens and fsh
cages whether in public or private lands:
Provided, further, That all fshpond, fsh
pens and fsh cage operators shall annually
report to the Department the type of species
and volume of production in areas devoted
to aquaculture.
ARTICLE IV
POST-HARVEST FACILITIES,
ACTIVITIES AND TRADES
Section 58. Comprehensive Post-harvest and Ancillary
Industries Plan. - The Department shall
conduct a regular study of fsheries post-
harvest operations and ancillary industries,
in the formulation of a comprehensive plan
for post-harvest and ancillary industries. It
shall take into account among others, the
following:
(a) detailed and clear guidelines on the
distribution, construction, maintenance
and use of post-harvest infrastructure
facilities;
(b) extension of credit and incentives for
post-harvest operations;
(c) promotion and strengthening of semi-
processing, processing and handling;
(d) development of domestic fishmeal
industry;
(e) development of fsheries ship-building
and repair as a viable industry;
(f) development and strengthening of
marketing facilities and activities,
including the pricing system, with
emphasis on collective marketing and the
elimination of middlemen;
(g) increased participation of cooperatives
and non-governmental organizations
in post-harvest operations and ancillary
industries; and
(h) integration of fisheries post-harvest
operations into the national fsheries plan.
Section 59. Establishment of Post-Harvest Facilities for
Fishing Communities. - The LGUs shall
coordinate with the private sector and
other concerned agencies and FARMCs in
the establishment of post-harvest facilities
for fshing communities such as, but not
limited to, municipal fsh landing sites, fsh
ports, ice plants and cold storage and other fsh
processing establishments to serve primarily
the needs of municipal fsherfolk: Provided,
That such post-harvest facilities shall be
consistent with the Comprehensive Post-
harvest and Ancillary Industries Plan.
Section 60. Registration and Licensing of all Post-Harvest
Facilities. - All post-harvest facilities such as fsh
processing plants, ice plants, and cold storages,
fsh ports/landings and other fshery business
establishments must register with and be
licensed by the LGUs which shall prescribe
minimum standards for such facilities in
consultation with the Department.
Section 61. Importation and Exportation of Fishery Products. -
(a) Export of fishery products shall be
regulated whenever such exportation
affects domestic food security and
production: Provided, That exportation
of live fsh shall be prohibited except
those which are hatched or propagated in
accredited hatcheries and ponds;
(b) To protect and maintain the local
biodiversity or ensure the suffciency
of domestic supply, spawners, breeders,
eggs and fry of bangus, prawn and other
endemic species, as may be determined
by the Department, shall not be exported
or caused to be exported by any person;
(c) Fishery products may be imported only
when the importation has been certifed
as necessary by the Department
in consultation with the FARMC, and
all the requirements of this Code, as
well as all existing rules and regulations
have been complied with: Provided,
That fsh imports for canning/processing
purposes only may be allowed without
the necessary certifcation, but within the
provisions of Section 61(d) of this Code;
and
(d) No person, shall import and/or export
fshery products of whatever size, stage
or form for any purpose without securing
a permit from the Department.
The Department in consultation with
the FARMC shall promulgate rules and
regulations on importation and exportation
of fsh and fshery/aquatic resources with the
Governments export/import simplifcation
procedures.
Section 62. Instruments of Weights and Measures, and Quality
Grades/Standards. - Standards for weights,
volume and other measurements for all fshery
transactions shall be set by the Department.
All fsh and fshery products for export,
import and domestic consumption shall meet
the quality grades/standards as determined
by the Department.
The LGU concerned shall, by appropriate
ordinance, penalize fraudulent practices and
unlawful possession or use of instruments of
weights and measures.
CHAPTER III
Reconstitution of The Bureau of Fisheries and
Aquatic Resources and Creation of Fisheries and
Aquatic Resources Management Councils
ARTICLE I
RECONSTITUTION OF THE BUREAU OF
FISHERIES AND AQUATIC RESOURCES
Section 63. Creation of the Position of Undersecretary
for Fisheries and Aquatic Resources. - There
is hereby created in the Department of
Agriculture the position of Undersecretary
for Fisheries and Aquatic Resources, solely
for the purpose of attending to the needs of
the fshing industry, to be appointed by the
President. Such Undersecretary shall have
the following functions:
(a) set policies and formulate standards for
the effective, effcient and economical
operations of the fshing industry in
accordance with the programs of the
government;
(b) exercise overall supervision over all
functions and activities of all offces and
instrumentalities and other offces related
to fsheries including its offcers;
(c) establish, with the assistance of the
director, such regional, provincial and
other fshery offcers as may be necessary
and appropriate and organize the internal
structure of BFAR in such manner as is
necessary for the effcient and effective
attainment of its objectives and purposes;
and
(d) perform such other functions as may
be necessary or proper to attain the
objectives of this Code.
Section 64. Reconstitution of the BFAR. - The Bureau of
Fisheries and Aquatic Resources (BFAR) is
hereby reconstituted as a line bureau under
the Department of Agriculture.
Section 65. Functions of the Bureau of Fisheries and Aquatic
Resources. - As a line bureau, the BFAR shall
have the following functions:
(a) prepare and implement a Comprehensive
National Fisheries Industry Development
Plan;
(b) issue licenses for the operation of
commercial fshing vessels;
(c) issue identifcation cards free of charge to
fshworkers engaged in commercial fshing;
(d) monitor and review joint fishing
agreements between Filipino citizens and
foreigners who conduct fshing activities in
international waters, and ensure that such
agreements are not contrary to Philippine
commitment under international treaties
and convention on fshing in the high seas;
(e) f ormul at e and i mpl ement a
Comprehensive Fishery Research and
Development Program, such as, but
not limited to, sea farming, sea
ranching, tropical/ornamental fsh
and seaweed culture, aimed at increasing
resource productivity, improving resource
use effciency, and ensuring the long-term
sustainability of the countrys fshery and
aquatic resources;
(f) establish and maintain a Comprehensive
Fishery Information System;
(g) provide extensive development support
services in all aspects of fsheries
production, processing and marketing;
(h) provide advisory services and technical
assistance on the improvement of quality
of fsh from the time it is caught (i.e. on
board fshing vessel, at landing areas, fsh
markets, to the processing plants and to
the distribution and marketing chain);
(i) coordinate efforts relating to fshery
production undertaken by the primary
fshery producers, LGUs, FARMCs,
fshery and organizations/cooperatives;
(j) advise and coordinate with LGUs on the
maintenance of proper sanitation and
hygienic practices in fsh markets and fsh
landing areas;
(k) establish a corps of specialists in collaboration
with the Department of National Defense,
Department of the Interior and Local
Government, Department of Foreign
Affairs for the effcient monitoring, control
and surveillance of fshing activities within
Philippine territorial waters and provide
the necessary facilities, equipment and
training therefor;
(l) implement an inspection system for import
and export of fshery/aquatic products
and fsh processing establishments,
consistent with international standards
to ensure product quality and safety;
(m) coordinate with LGUs and other concerned
agencies for the establishment of productivity
enhancing and market development
programs in fshing communities to enable
women to engage in other fsheries/economic
activities and contribute signifcantly to
development efforts;
(n) enforce all laws, formulate and enforce
all rules and regulations governing the
conservation and management of fshery
resources, except in municipal waters,
and to settle conficts of resource use
and allocation in consultation with the
NFARMC, LGUs and local FARMCs;
(o) develop value-added fishery-products
for domestic consumption and export;
lawphi1
(p) recommend measures for the protection/
enhancement of the fshery industries;
(q) assist the LGUs in developing their
technical capability in the development,
management, regulation, conservation,
and protection of the fshery resources;
(r) formulate rules and regulations for
the conservation and management
of straddling fsh stocks and highly
migratory fsh stocks; and
(s) perform such other related functions
which shall promote the development,
conservation, management, protection
and utilization of fsheries and aquatic
resources.
Section 66. Composition of BFAR. - As a line bureau,
the BFAR shall be headed by a Director
and assisted by two (2) Assistant Directors
who shall supervise the administrative and
technical services of the bureau respectively.
It shall establish regional, provincial and
municipal offces as may be appropriate
and necessary to carry out effectively and
effciently the provisions of this Code.
Section 67. Fisheries Inspection and Quarantine Service. -
For purposes of monitoring and regulating
the importation and exportation of fsh
and fshery/aquatic resources, the Fisheries
Inspection and Quarantine Service in the
BFAR is hereby strengthened and shall have
the following functions:
(a) conduct fsheries quarantine and quality
inspection of all fsh and fshery/aquatic
products coming into and going out of
the country by air or water transport,
to detect the presence of fsh pest and
diseases and if found to harbor fish
pests or diseases shall be confscated
and disposed of in accordance with
environmental standards and practices;
(b) implement international agreements/
commitments on bio-safety and bio-
diversity as well as prevent the movement
or trade of endemic fshery and aquatic
resources to ensure that the same are not
taken out of the country;
(c) quarantine such aquatic animals and
other fishery products determined or
suspected to be with fishery pests and
diseases and prevent the movement
or trade from and/or into the country
of these products so prohibited or
regulated under existing laws, rules
and regulations as well as international
agreements of which the Philippines is
a State Party;
(d) examine all fish and fishery products
coming into or going out of the country
which may be a source or medium of
fsh pests or diseases and/or regulated by
existing fshery regulations and ensure
that the quality of fsh import and export
meet international standards; and
(e) document and authorize the movement
or trade of fsh and fshery products when
found free of fsh pests or diseases and
collect necessary fees prescribed by law
and regulations.
ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES
MANAGEMENT COUNCILS (FARMCs)
Section 68. Development of Fisheries and Aquatic Resources
in Municipal Waters and Bays. - Fisherfolk
and their organizations residing within the
geographical jurisdiction of the barangays,
municipalities or cities with the concerned
LGUs shall develop the fshery/aquatic
resources in municipal waters and bays.
Section 69. Creation of Fisheries and Aquatic Resources
Management Councils (FARMCs). - FARMCs
shall be established in the national level and
in all municipalities/cities abutting municipal
waters as defned by this Code. The FARMCs
shall be formed by fsherfolk organizations/
cooperatives and NGOs in the locality and be
assisted by the LGUs and other government
entities. Before organizing FARMCs, the
LGUs, NGOs, fsherfolk, and other concerned
POs shall undergo consultation and orientation
on the formation of FARMCs.
Section 70. Creation and Composition of the National Fisheries
and Aquatic Resources Management Council
(NFARMC). - There is hereby created a National
Fisheries and Aquatic Resources Management
Council hereinafter referred to as NFARMC
as an advisory/recommendatory body to the
Department. The NFARMC shall be composed
of ffteen (15) members consisting of:
(a) the Undersecretary of Agriculture, as Chairman;
(b) the Undersecretary of the Interior and
Local Government;
(c) five (5) members representing the
fsherfolk and fshworkers;
(d) fve (5) members representing commercial
fshing and aquaculture operators and
the processing sectors;
(e) two (2) members from the academe; and
(f) one (1) representative of NGOs involved
in fsheries.
The members of the NFARMC, except for
the Undersecretary of Agriculture and the
Undersecretary of the Interior and Local
Government, shall be appointed by the
President upon the nomination of their
respective organizations.
Section 71. Terms of Offce. - The members of NFARMC,
except the Undersecretary of Agriculture
and the Undersecretary of the Interior and
Local Government, shall serve for a term of
three (3) years without reappointment.
Section 72. Functions of the NFARMC. - The NFARMC
shall have the following functions:
(a) assist in the formulation of national policies
for the protection, sustainable development
and management of fshery and aquatic
resources for the approval of the Secretary;
(b) assist the Department in the preparation
of the National Fisheries and Industry
Development Plan; and
(c) perform such other functions as may be
provided by law.
Section 73. The Municipal/City Fisheries and Aquatic Resources
Management Councils (M/CFARMCs). - The
M/CFARMCs shall be created in each of the
municipalities and cities abutting municipal
waters. However, the LGU may create the
Barangay Fisheries and Aquatic Resources
Management Councils (BFARMCs) and the
Lakewide Fisheries and Aquatic Resources
Management Councils (LFARMCs) whenever
necessary. Such BFARMCs and LFARMCs
shall serve in an advisory capacity to the LGUs.
Section 74. Functions of the M/CFARMCs. - The M/
CFARMCs shall exercise the following
functions:
(a) assist in the preparation of the Municipal
Fishery Development Plan and submit such
plan to the Municipal Development Council;
(b) recommend the enactment of municipal
fshery ordinances to the sangguniang
bayan/sangguniang panlungsod through
its Committee on Fisheries;
(c) assist in the enforcement of fshery laws,
rules and regulations in municipal waters;
(d) advise the sangguniang bayan/panlungsod
on fshery matters through its Committee on
Fisheries, if such has been organized; and
(e) perform such other functions which may
be assigned by the sangguniang bayan/
panlungsod.
Section 75. Composition of the M/CFARMC . - The
regular member of the M/CFARMCs shall
be composed of:
(a) Municipal/City Planning Development
Offcer;
(b) Chairperson, Agriculture/Fishery
Committee of the Sangguniang
Bayan/Panlungsod;
(c) representative of the Municipal/City
Development Council;
(d) representative from the accredited non-
government organization;
(e) representative from the private sector;
(f) representative from the Department of
Agriculture; and
(g) at least eleven (11) fsherfolk representatives
(seven (7) municipal fsherfolk, one (1)
fshworker and three (3) commercial
fshers) in each municipality/city which
include representative from youth and
women sector.
The Council shall adopt rules and regulations
necessary to govern its proceedings and
election.
Section 76. The Integrated Fisheries and Aquatic Resources
Management Councils (IFARMCs). - The
IFARMCs shall be created in bays, gulfs,
lakes and rivers and dams bounded by two
(2) or more municipalities/cities.
Section 77. Functions of the IFARMCs. - The IFARMC
shall have the following functions:
(a) assist in the preparation of the Integrated
Fishery Development Plan and submit
such plan to the concerned Municipal
Development Councils;
(b) recommend the enactment of integrated
fshery ordinances to the concerned
sangguniang bayan/panlungsod through
its Committee on Fisheries, if such has
been organized;
(c) assist in the enforcement of fshery laws,
rules and regulations in concerned
municipal waters;
(d) advice the concerned sangguniang
bayan/panlungsod on fshery matters
through its Committee on Fisheries, if
such has been organized; and
(e) perform such other functions which
may be assigned by the concerned
sangguniang bayan/panlungsod.
Section 78. Composition of the IFARMCs. - The regular
members of the IFARMCs shall be composed
of the following:
(a) the chairperson of the Committee on
Agriculture/Fisheries of the concerned
sangguniang bayan/panlungsod;
(b) the Municipal/City Fisheries Offcers of
the concerned municipalities/cities;
(c) the Municipal/City Development Offcers
of the concerned municipalities/cities;
(d) one (1) representative from NGO;
(e) one (1) representative from private sector; and
(f) at least nine (9) representatives from
the fsherfolk sector which include
representatives from the youth and
women sector.
The Council shall adopt rules and regulations
necessary to govern its proceedings and election.
Section 79. Source of Funds of the FARMCs. - A separate
fund for the NFARMC, IFARMCs and
M/CFARMCs shall be established and
administered by the Department from the
regular annual budgetary appropriations.
CHAPTER IV
Fishery Reserves, Refuge and Sanctuaries
Section 80. Fishing Areas Reserves for Exclusive Use of
Government. - The Department may designate
area or areas in Philippine waters beyond
ffteen (15) kilometers from shoreline as
fshery reservation for the exclusive use of the
government or any of its political subdivisions,
agencies or instrumentalities, for propagation,
educational, research and scientifc purposes:
Provided, That in municipalities or cities, the
concerned LGUs in consultation with the
FARMCs may recommend to the Department
that portion of the municipal waters be declared
as fshery reserves for special or limited use,
for educational, research, and/or special
management purposes. The FARMCs may
recommend to the Department portions of
the municipal waters which can be declared
as fsheries reserves for special or limited
use for educational, research and special
management purposes.
Section 81. Fish Refuge and Sanctuaries. - The Department
may establish fsh refuge and sanctuaries to be
administered in the manner to be prescribed by the
BFAR at least twenty-fve percent (25%) but not
more than forty percent (40%) of bays, foreshore
lands, continental shelf or any fshing ground shall
be set aside for the cultivation of mangroves to
strengthen the habitat and the spawning grounds
of fsh. Within these areas no commercial fshing
shall be allowed. All marine fshery reserves, fsh
sanctuaries and mangrove swamp reservations
already declared or proclaimed by the President
or legislated by the Congress of the Philippines
shall be continuously administered and supervised
by the concerned agency: Provided, however,
That in municipal waters, the concerned LGU
in consultation with the FARMCs may establish
fshery refuge and sanctuaries. The FARMCs may
also recommend fshery refuge and sanctuaries:
Provided, further, That at least ffteen percent
(15%) where applicable of the total coastal areas
in each municipality shall be identifed, based
on the best available scientifc data and in
consultation with the Department, and
automatically designated as fsh sanctuaries
by the LGUs in consultation with the
concerned FARMCs.
CHAPTER V
Fisheries Research and Development
Section 82. Creation of a National Fisheries Research
and Development Institute (NFRDI). - In
recognition of the important role of fsheries
research in the development, management,
conservation and protection of the countrys
fsheries and aquatic resources, there is
hereby created a National Fisheries Research
and Development Institute (NFRDI).
The Institute shall form part of the National
Research and Development Network of
the Department of Science and Technology
(DOST).
The Institute, which shall be attached
to the Department shall serve as the
primary research arm of the BFAR. The
overall governance of the Institute shall
be vested in the Governing Board which
shall formulate policy guidelines for
its operation. The plans, programs and
operational budget shall be passed by
the Board. The Board may create such
committees as it may deem necessary for
the proper and effective performance
of its functions. The composition of the
Governing Board shall be as follows:
(a) Undersecretary for Fisheries - Chairman
(b) BFAR Director - Vice Chairman
(c) NFRDI Executive Director - Member
(d) PCAMRD Executive Director - Member
(e) Representative from the academe -
Member
(f) four (4) representatives from the private
sector who shall come from the following
subsectors: - Members
- Municipal Fisherfolk
- Commercial Fishing Operator
- Aquaculture Operator
- Post-Harvest/Processor
The NFRDI shall have a separate budget
specifc to its manpower requirements and
operations to ensure the independent and
objective implementation of its research
activities.
Section 83. Qualifcation Standard. - The Institute shall
be headed by an Executive Director to be
appointed by the President of the Philippines
upon the recommendation of the governing
board. The Executive Director shall hold a
Doctorate degree in fsheries and/or other
related disciplines. The organizational
structure and staffng pattern shall be approved
by the Department: Provided, however, That
the staffng pattern and remunerations for
scientifc and technical staff shall be based
on the qualifcation standards for science and
technology personnel.
Section 84. Research and Development Objectives. -
Researches to be done by the NFRDI are
expected to result in the following:
(a) To raise the income of the fsherfolk and
to elevate the Philippines among the top
fve (5) in the world ranking in the fsh
productions;
(b) to make the countrys fshing industry in
the high seas competitive;
(c) to conduct social research on fsherfolk
families for a better understanding of
their conditions and needs; and
(d) to coordinate with the fsheries schools,
LGUs and private sectors regarding
the maximum utilization of available
technology, including the transfer of such
technology to the industry particularly
the fsherfolk.
Section 85. Functions of the NFRDI . - As a national institute,
the NFRDI shall have the following functions:
(a) establish a national infrastructure unit
complete with technologically-advanced
features and modern scientifc equipment,
which shall facilitate, monitor, and
implement various research needs and
activities of the fsheries sector;
(b) provide a venue for intensive training and
development of human resources in the
feld of fsheries, a repository of all fsheries
researches and scientifc information;
(c) provide intensive training and development
of human resources in the feld of fsheries
for the maximum utilization of available
technology;
(d) hasten the realization of the economic
potential of the fsheries sector by
maximizing developmental research efforts
in accordance with the requirements of
the national fsheries conservations and
development programs, also possibly
through collaborative effort with
international institutions; and
(e) formally establish, strengthen and expand
the network of fisheries-researching
communities through effective
communication linkages nationwide.
CHAPTER VI
Prohibitions and Penalties
Section 86. Unauthorized Fishing or Engaging in Other
Unauthorized Fisheries Activities. - No person
shall exploit, occupy, produce, breed, culture,
capture or gather fsh, fry or fngerlings of any
fshery species or fshery products, or engage in
any fshery activity in Philippine waters without
a license, lease or permit.
Discovery of any person in an area where he has
no permit or registration papers for a fshing
vessel shall constitute a prima facie presumption
that the person and/or vessel is engaged in
unauthorized fshing: Provided, That fshing
for daily food sustenance or for leisure which
is not for commercial, occupation or livelihood
purposes may be allowed.
It shall be unlawful for any commercial fshing
vessel to fsh in bays and in such other fshery
management areas which may hereinafter be
declared as over-exploited.
Any commercial fshing boat captain or
the three (3) highest offcers of the boat
who commit any of the above prohibited
acts upon conviction shall be punished by a
fne equivalent to the value of catch or Ten
thousand pesos (P10,000.00) whichever is
higher, and imprisonment of six (6) months,
confscation of catch and fshing gears, and
automatic revocation of license.
It shall be unlawful for any person not listed
in the registry of municipal fsherfolk to
engage in any commercial fshing activity in
municipal waters. Any municipal fsherfolk
who commits such violation shall be punished
by confscation of catch and a fne of Five
hundred pesos (500.00).
Section 87. Poaching in Philippine Waters. - It shall be
unlawful for any foreign person, corporation
or entity to fsh or operate any fshing vessel
in Philippine waters.
The entry of any foreign fshing vessel in
Philippine waters shall constitute a prima
facie evidence that the vessel is engaged in
fshing in Philippine waters.
Violation of the above shall be punished
by a fine of One hundred thousand U.S.
Dollars (US$100,000.00), in addition to the
confscation of its catch, fshing equipment
and fshing vessel: Provided, That the
Department is empowered to impose an
administrative fne of not less than Fifty
thousand U.S. Dollars (US$50,000.00) but
not more than Two hundred thousand U.S.
Dollars (US$200,000.00) or its equivalent in
the Philippine Currency.
Section 88. Fishing Through Explosives, Noxious or
Poisonous Substance, and/or Electricity. -
(1) It shall be unlawful for any person
to catch, take or gather or cause to be
caught, taken or gathered, fsh or any
fshery species in Philippine waters with
the use of electricity, explosives, noxious
or poisonous substance such as sodium
cyanide in the Philippine fshery areas,
which will kill, stupefy, disable or render
unconscious fsh or fshery species:
Provided, That the Department, subject
to such safeguards and conditions
deemed necessary and endorsement
from the concerned LGUs, may allow,
for research, educational or scientifc
purposes only, the use of electricity,
poisonous or noxious substances to
catch, take or gather fsh or fshery
species: Provided, further, That the
use of poisonous or noxious substances
to eradicate predators in fshponds in
accordance with accepted scientifc
practices and without causing adverse
environmental impact in neighboring
waters and grounds shall not be construed
as illegal fshing.
It will likewise be unlawful for any
person, corporation or entity to possess,
deal in, sell or in any manner dispose of,
any fsh or fshery species which have
been illegally caught, taken or gathered.
The discovery of dynamite, other
explosives and chemical compounds
which contain combustible elements,
or noxious or poisonous substances, or
equipment or device for electro-fshing
in any fshing vessel or in the possession
of any fsherfolk, operator, fshing boat
offcial or fshworker shall constitute
prima facie evidence, that the same was
used for fshing in violation of this Code.
The discovery in any fshing vessel of fsh
caught or killed with the use of explosive,
noxious or poisonous substances or by
electricity shall constitute prima facie
evidence that the fsherfolk, operator,
boat offcial or fshworker is fshing with
the use thereof.
(2) Mere possession of explosive, noxious or
poisonous substances or electrofshing
devices for illegal fshing shall be
punishable by imprisonment ranging
from six (6) months to two (2) years.
(3) Actual use of explosives, noxious or
poisonous substances or electrofshing
devices for illegal fshing shall be
punishable by imprisonment ranging
from fve (5) years to ten (10) years
without prejudice to the fling of separate
criminal cases when the use of the same
result to physical injury or loss of human
life.
(4) Dealing in, selling, or in any manner
disposing of, for proft, illegally caught/
gathered fsheries species shall be
punished by imprisonment ranging from
six (6) months to two (2) years.
(5) In all cases enumerated above,
the explosives, noxious or poisonous
substances and/or electrical devices,
as well as the fshing vessels, fshing
equipment and catch shall be forfeited.
Section 89. Use of Fine Mesh Net. - It shall be unlawful
to engage in fshing using nets with mesh
smaller than that which may be fxed by the
Department: Provided, That the prohibition
on the use of fne mesh net shall not apply to
the gathering of fry, glass eels, elvers, tabios,
and alamang and such species which by their
nature are small but already mature to be
identifed in the implementing rules and
regulations by the Department.
Violation of the above shall subject the offender
to a fne from Two thousand pesos (P2,000.00)
to Twenty thousand pesos (P20,000.00) or
imprisonment from six (6) months to two (2)
years or both such fne and imprisonment at
the discretion of the court: Provided, That
if the offense is committed by a commercial
fshing vessel, the boat captain and the master
fsherman shall also be subject to the penalties
provided herein: Provided, further, That the
owner/operator of the commercial fshing
vessel who violates this provision shall be
subjected to the same penalties provided
herein: Provided, fnally, That the Department
is hereby empowered to impose upon the
offender an administrative fne and/or cancel
his permit or license or both.
Section 90. Use of Active Gear in the Municipal Waters and
Bays and Other Fishery Management Areas. -
It shall be unlawful to engage in fshing in
municipal waters and in all bays as well as
other fshery management areas using active
fshing gears as defned in this Code.
Violators of the above prohibitions shall
suffer the following penalties:
(1) The boat captain and master fsherman of
the vessels who participated in the violation
shall suffer the penalty of imprisonment
from two (2) years to six (6) years;
(2) The owner/operator of the vessel shall be
fned from Two thousand pesos (P2,000.00)
to Twenty thousand pesos (20,000.00) upon
the discretion of the court.
If the owner/operator is a corporation,
the penalty shall be imposed on the chief
executive offcer of the Corporation.
If the owner/operator is a partnership the
penalty shall be imposed on the managing
partner.
(3) The catch shall be confscated and forfeited.
Section 91. Ban on Coral Exploitation and Exportation. -
It shall be unlawful for any person or
corporation to gather, possess, sell or export
ordinary precious and semi-precious corals,
whether raw or in processed form, except for
scientifc or research purposes.
Violations of this provision shall be punished
by imprisonment from six (6) months to
two (2) years and a fne from Two thousand
pesos (P2,000.00) to Twenty thousand
pesos (20,000.00), or both such fne and
imprisonment, at the discretion of the court,
and forfeiture of the subject corals, including
the vessel and its proper disposition.
The confscated corals shall either be returned
to the sea or donated to schools and museums
for educational or scientifc purposes or
disposed through other means.
Section 92. Ban on Muro-Ami Other Methods and Gear
Destructive to Coral Reefs and Other Marine
Habitat. - It shall be unlawful for any person,
natural or juridical, to fsh with gear method
that destroys coral reefs, seagrass beds, and
other fshery marine life habitat as may be
determined by the Department. Muro-Ami
and any of its variation, and such similar gear
and methods that require diving, other physical
or mechanical acts to pound the coral reefs and
other habitat to entrap, gather or catch fsh and
other fshery species are also prohibited.
The operator, boat captain, master
fisherman, and recruiter or organizer of
fishworkers who violate this provision
shall suffer a penalty of two (2) years to
ten (10) years imprisonment and a fine of
not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand
pesos (P500,000.00) or both such fine and
imprisonment, at the discretion of the
court. The catch and gear used shall be
confiscated.
It shall likewise be unlawful for any person
or corporation to gather, sell or export white
sand, silica, pebbles and any other substances
which make up any marine habitat.
The person or corporation who violates
this provision shall suffer a penalty of two
(2) years to ten (10) years imprisonment
and a fine of not less than One hundred
thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00)
or both such fine and imprisonment, at
the discretion of the court. The substance
taken from its marine habitat shall be
confiscated.
Section 93. Illegal Use of Superlights. - It shall be unlawful
to engage in fshing with the use of superlights
in municipal waters or in violation of the rules
and regulations which may be promulgated
by the Department on the use of superlights
outside municipal waters.
Violations of this provision shall be
punished by imprisonment from six
(6) months to two (2) years or a fine
of Five thousand pesos (P5,000.00)
per superlight, or both such fine and
imprisonment at the discretion of the
courts. The superlight, fishing gears and
vessel shall be confiscated.
Section 94. Conversion of Mangroves. - It shall be unlawful
for any person to convert mangroves into
fshponds or for any other purposes.
Violation of the provision of this section
shall be punished by imprisonment of six
(6) years and one (1) day to twelve (12)
years and/or a fine of Eighty thousand
pesos (P80,000.00): Provided, That if the
area requires rehabilitation or restoration
as determined by the court, the offender
should also be required to restore or
compensate for the restoration of the
damage.
Section 95. Fishing in Overfished Area and During
Closed Season. - It shall be unlawful to
fish in overfished area and during closed
season.
shall be punished by imprisonment of six (6)
months and one (1) day to six (6) years and/
or fne of Six thousand pesos (P6,000.00) and
by forfeiture of the catch and cancellation of
fshing permit or license.
Section 96. Fishing in Fishery Reserves, Refuge and
Sanctuaries. - It shall be unlawful to fsh in
fshery areas declared by the Department as
fshery reserves, refuge and sanctuaries.
Violation of the provision of this section shall
be punished by imprisonment of two (2) years
to six (6) years and/or fne of Two thousand
pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) and by forfeiture of the catch
and the cancellation of fshing permit or
license.
Section 97. Fishing Or Taking of Rare, Threatened or
Endangered Species. - It shall be unlawful to
fsh or take rare, threatened or endangered
species as listed in the CITES and as
determined by the Department.
shall be punished by imprisonment of twelve
(12) years to twenty (20) years and/or a fne
of One hundred and twenty thousand pesos
(P120,000.00) and forfeiture of the catch,
and the cancellation of fshing permit.
Section 98. Capture of Sabalo and Other Breeders/Spawners. -
It shall be unlawful for any person to catch,
gather, capture or possess mature milkfsh or
sabalo and such other breeders or spawners
of other fshery species as may be determined
by the Department: Provided, That catching
of sabalo and other breeders/spawners for
local breeding purposes or scientifc or research
purposes may be allowed subject to guidelines
to be promulgated by the Department.
shall be punished by imprisonment of six
(6) months and one (1) day to eight (8)
years and/or a fne of Eighty thousand pesos
(P80,000.00) and forfeiture of the catch, and
fshing equipment used and revocation of
license.
Section 99. Exportation of Breeders, Spawners, Eggs or Fry. -
Exportation of breeders, spawners, eggs or fry
as prohibited in this Code shall be punished by
imprisonment of eight (8) years, confscation
of the same or a fne equivalent to double the
value of the same, and revocation of the fshing
and/or export license/permit.
Section 100. Importation or Exportation of Fish or Fishery
Species. - Any importation or exportation of fsh
or fsheries species in violation of this Code shall
be punished by eight (8) years of imprisonment,
a fne of Eighty thousand pesos (P80,000.00)
and destruction of live fshery species or
forfeiture of non-live fshery species in favor
of the department for its proper disposition:
Provided, That violator of this provision shall be
banned from being members or stock holders
of companies currently engaged in fsheries
or companies to be created in the future, the
guidelines for which shall be promulgated by
the Department.
Section 101. Violation of Catch Ceilings. - It shall be unlawful
for any person to fsh in violation of catch
ceilings as determined by the Department.
shall be punished by imprisonment of six (6)
months and one (1) day to six (6) years and/
or a fne of Fifty thousand pesos (P50,000.00)
and forfeiture of the catch, and fshing
equipment used and revocation of license.
Section 102. Aquatic Pollution. - Aquatic pollution, as
defned in this Code shall be unlawful.
Violation of the provision of this section shall
be punished by imprisonment of six (6) years
and one (1) day to twelve (12) years and/or a
fne of Eighty thousand pesos (P80,000.00)
plus an additional fne of Eight thousand
pesos (P8,000.00) per day until such violation
ceases and the fnes paid.
Section 103. Other Violations. - The following fsheries
activities shall also be considered as a
violation of this Code:
(a) Failure to Comply with Minimum Safety
Standards. - The owner and captain of
a commercial fshing vessel engaged in
fshing who, upon demand by proper
authorities, fails to exhibit or show
proof of compliance with the safety
standards provided in this Code, shall be
immediately prevented from continuing
with his fshing activity and escorted to
the nearest port or landing point. The
license to operate the commercial fshing
vessel shall be suspended until the safety
standard has been complied with.
(b) Failure to Conduct a Yearly Report on all
Fishponds, Fish Pens and Fish Cages. -
The FLA of the holder who fails to render
a yearly report shall be immediately
cancelled: Provided, That if the offender
be the owner of the fshpond, fsh pen
or fsh cage, he shall be subjected to the
following penalties: (1) frst offense, a
fne of Five hundred pesos (P500.00)
per unreported hectare; (2) subsequent
offenses, a fne of One thousand pesos
(1,000.00) per unreported hectare.
(c) Gathering and Marketing of Shell Fishes.
- It shall be unlawful for any person to
take, sell, transfer, or have in possession
for any purpose any shell fsh which is
sexually mature or below the minimum
size or above the maximum quantities
prescribed for the particular species.
(d) Obstruction to Navigation or Flow and
Ebb of Tide in any Stream, River, Lake or
Bay. - It shall be unlawful for any person
who causes obstruction to navigation or
fow or ebb of tide.
(e) Construction and Operation of
Fish Corrals/Traps, Fish Pens and
Fish Cages. - It shall be unlawful to
construct and operate fish corrals/
traps, fish pens and fish cages without
a license/permit.
Subject to the provision of subparagraph
(b) of this section, violation of the above-
enumerated prohibited acts shall subject
the offender to a fne ranging from Two
thousand pesos (P2,000.00) to Ten thousand
pesos (P10,000.00) or imprisonment from
one (1) month and one (1) day to six (6)
months, or both such fne and imprisonment,
upon the discretion of the court: Provided,
That the Secretary is hereby empowered to
impose upon the offender an administrative
fne of not more than Ten thousand pesos
(P10,000.00) or to cancel his permit or
license, or to impose such fne and to cancel
his permit or license, in the discretion
of the Secretary: Provided, further, That
the Secretary, or his duly authorized
representative, and law enforcement agents
are hereby empowered to impound with the
assistance of the Philippine Coast Guard,
PNP-Maritime Command: Provided, fnally,
That any person who unlawfully obstructs or
delays the inspection and/or movement of
fsh and fshery/aquatic products when such
inspection and/or movement is authorized
under this Code, shall be subject to a fne
of not more than Ten thousand pesos
(P10,000.00) or imprisonment of not more
than two (2) years, or both such fne and
imprisonment, upon the discretion of the
court.
Every penalty imposed for the commission
of an offense shall carry with it the forfeiture
of the proceeds of such offense and the
instruments or tools with which it was
committed.
Such proceeds and instruments or tools shall
be confscated and forfeited in favor of the
Government, unless they be the property of
a third person not liable for the offense, but
those articles which are not subject of lawful
commerce shall be destroyed.
Section 104. Commercial Fishing Vessel Operators Employing
Unlicensed Fisherfolk or Fishworker or Crew. -
The owner/operator of a commercial fshing
vessel employing unlicensed fsherfolk or
fshworker shall be fned Five hundred
pesos (P500.00) each for every month that
the same has been employed and/or One
thousand pesos (P1,000.00) for every month
for each unlicensed crew member who has
been employed.
Section 105. Obstruction of Defned Migration Paths. -
Obstruction of any defned migration paths
of anadromous, catadromous and other
migratory species, in areas including, but
not limited to river mouths and estuaries
within a distance determined by the
concerned FARMCs shall be punished
by imprisonment of seven (7) years to
twelve (12) years or a fine from Fifty
thousand pesos (P50,000.00) to One
or both imprisonment and fine at the
discretion of the court, and cancellation
of permit/license, if any, and dismantling
of obstruction shall be at his own expense
and confiscation of same.
Section 106. Obstruction to Fishery Law Enforcement
Offcer. - The boat owner, master or operator
or any person acting on his behalf of any
fshing vessel who evades, obstructs or
hinders any fshery law enforcement offcer
of the Department to perform his duty, shall
be fned Ten thousand pesos (P10,000.00).
In addition, the registration, permit and/or
license of the vessel including the license of
the master fsherman shall be canceled.
Section 107. Promulgation of Administrative Orders. - For
purposes of fshery regulation or other
fshery adjustments, the Department in
consultation with the LGUs and local
FARMCs, shall issue Fishery Administrative
Orders or regulations for the conservation,
preservation, management and sustainable
development of fshery and aquatic
resources.
CHAPTER VII
General Provisions
Section 108. Fisherfolk Settlement Areas. - The
Department shall establish and
create fisherfolk settlement areas in
coordination with concerned agencies of
the government, where certain areas of
the public domain, specifically near the
fishing grounds, shall be reserved for the
settlement of the municipal fisherfolk.
Nothing in this section shall be construed
to vest ownership of any resettlement area
to a municipal fisherfolk for whom said
areas may have been reserved for or had
been actually granted to.
Section 109. Municipal Fisheries Grant Fund. - For
the development, management and
conservation of the municipal resources,
there is hereby created a Fishery Grant
Fund to finance fishery projects of the
LGUs primarily for the upliftment of the
municipal fisherfolk. The amount of One
hundred million pesos (P100,000,000.00)
is hereby appropriated out of the
Departments allocation in the General
Appropriations Act (GAA) to support the
Grant Fund.
For this purpose, the Department may seek
fnancial assistance from any source and may
receive any donation therefore.
Section 110. Fishery Loan and Guarantee Fund. - Pursuant
to Section 7, Article XIII of the Constitution,
there is hereby created a Fishery Loan and
Guarantee Fund with an initial of One
hundred million pesos (P100,000,000.00),
which shall be administered by the Land
Bank of the Philippines. The fund shall
be made available for lending to qualifed
borrowers to fnance the development of
the fshery industry under a program to be
prescribed by the Department.
For the same purpose, the Department may
seek fnancial assistance from any source and
may receive any donation therefrom.
Section 111. Fishing Vessels Development Fund. - There
is hereby created a Fishing Vessels
Development Fund to enhance the building
and/or acquisition of fshing vessels. This
shall be a long-term loan facility that shall be
administered by the Development Bank of
the Philippines. The amount of Two hundred
and ffty million pesos (P250,000,000.00) per
year for fve (5) years is hereby appropriated
out of the Departments allocation in the
GAA to support this Development Fund.
Section 112. Special Fisheries Science and Approfshtech
Fund. - The Department shall provide
subsidy for full technical and fnancial
support to the development of appropriate
technology, both in fshery and ancillary
industries, that are ecologically sound, locally
source-based and labor intensive, based on
the requirement and needs of the FARMCs.
An initial amount of One hundred million
pesos (100,000,000.00) shall be authorized
for the purpose of a Special Fisheries Science
and Approfshtech Fund, and thereafter shall
be included in the GAA.
Section 113. Aquaculture Investment Fund. - An Aquaculture
Investment Fund in the minimum amount of
Fifty million pesos (P50,000,000.00) shall
be established for soft loans which shall be
extended to municipal fsherfolk and their
organization who will engage in aquaculture,
and for the development of underdeveloped
or underutilized inland fshponds.
Section 114. Other Fisheries Financing Facilities. - In addition
to fsheries credit guarantee, grant and other
similar facilities granted under this Code,
qualifed Filipino fsherfolk and fsheries
enterprises shall enjoy such other facilities
granted them under existing and/or new laws,
specially as to rural credit, with preference
being given to fsheries cooperatives.
Section 115. Professionalization of Fisheries Graduates. - There
is hereby created a Fisheries Board of Examiners
in the Professional Regulation Commission to
upgrade the Fisheries Profession: Provided,
however, That those who have passed the
Civil Service Examination for Fisheries shall
automatically be granted eligibility by the
Fisheries Board of Examiners: Provided,
further, That they have served the industry in
either public or private capacity for not less
than fve (5) years: Provided, fnally, That the
frst Board Examination for B.S. Fisheries
Graduates shall be conducted within one (1)
year from the approval of this Code.
Section 116. Upgrading of State Fisheries Schools/Colleges. -
The Department, in coordination with the
Commission on Higher Education (CHED),
Department of Education, Culture and Sports
(DECS), and Technical Education and Skills
Development Authority (TESDA), shall
upgrade State Fisheries Schools/Colleges
which provide both formal and non-formal
education: Provided, however, That the CHED
shall incorporate Approfshtech in the curricula
of fsheries schools/colleges.
The Department and the CHED shall jointly
formulate standards to upgrade all fsheries
schools/colleges. Fisheries schools/colleges
that do not meet minimum standards shall
be closed.
Section 117. Inclusion of Fisheries Conservation Subjects in
School Curriculum. - Fisheries conservation
subjects shall be incorporated in the curricula
of elementary and secondary schools both
private and public.
Section 118. Educational campaign at all levels. - The
Department, the CHED, the DECS and the
Philippine Information Agency shall launch and
pursue a nationwide educational campaign to:
(a) help realize the policies and implement
the provisions of this Code;
(b) promote the development, management,
conservation and proper use of the
environment;
(c) promote the principle of sustainable
development; and
(d) promote the development of truly Filipino-
oriented fshing and ancillary industries.
Section 119. Infrastructure Support. - The Department in
cooperation with concerned agencies shall:
(a) prepare and implement a nationwide plan
for the development of municipal fshing
ports and markets;
(b) prioritize the construction of farm-
to-market roads linking the fsheries
production sites, coastal landing points
and other post-harvest facilities to major
market and arterial roads/highways;
(c) identity community infrastructure
facilities such as fsh landing ports,
ice plant and cold storage facilities in
consultation with fshery cooperatives/
associations and prepare plans and
designs for their construction that
would be consistent with international
environmental impact;
(d) establish and maintain quality laboratories
in major fsh ports and prescribe the
highest standards for the operation and
maintenance of such post-harvest facilities;
(e) arrange and make representations with
appropriate funding institutions to
fnance such facilities for the use of the
fshery cooperatives/associations;
(f) develop and strengthen marketing
facilities and promote cooperative
marketing systems; and
(g) promote and strengthen local fsheries
ship-building and repair industry.
Section 120. Extension Services. - The Department shall
develop cost-effective, practical and effcient
extension services on a sustained basis, in
addition to those provided by state educational
institutions, especially to municipal fsherfolk
in undeveloped areas, utilizing practicable and
indigenous resources and government agencies
available, and based upon a system of self-
reliance and self-help.
Section 121. Protection of Sensitive Technical Information. -
The Department shall take such measures
as may be necessary in order to protect
trade, industrial and policy information
of Filipino fsherfolk, fsheries owners/
operators, entrepreneurs, manufacturers
and researchers, when disclosure of such
information will injure the competitiveness
or viability of domestic fsheries.
Section 122. Assistance in Collecting Information. - The
Department, in coordination with other
government entities concerned, may require
Filipino representatives abroad and foreign-based
personnel to assist in the collection of
fsheries data and information.
Section 123. Charting of Navigational Lanes and Delineation
of Municipal Waters. - The Department shall
authorize the National Mapping and Resource
Information Authority (NAMRIA) for the
designation and charting of navigational lanes
in fshery areas and delineation of municipal
waters. The Philippine Coast Guard shall
exercise control and supervision over such
designated navigational lanes.
Section 124. Persons and Deputies Authorized to Enforce
this Code and Other Fishery Laws, Rules and
Regulations. - The law enforcement offcers of
the Department, the Philippine Navy, Philippine
Coast Guard, Philippine National Police (PNP),
PNP-Maritime Command, law enforcement
offcers of the LGUs and other government
enforcement agencies, are hereby authorized to
enforce this Code and other fshery laws, rules
and regulations. Other competent government
offcials and employees, punong barangays
and offcers and members of fsherfolk
associations who have undergone training on
law enforcement may be designated in writing
by the Department as deputy fsh wardens in the
enforcement of this Code and other fshery laws,
rules and regulations.
Section 125. Strengthening Prosecution and Conviction of
Violators of Fishery Laws. - The Department
of Justice (DOJ) shall embark on a program
to strengthen the prosecution and conviction
aspects of fshery law enforcement through
augmentation of the current complement
of state prosecutors and through their
continuous training and reorientation on
fshery laws, rules and regulations.
Section 126. Foreign Grants and Aids. - All foreign grants,
aids, exchange programs, loans, researches and
the like shall be evaluated and regulated by the
Department to ensure that such are consistent
with the Filipinization, democratization and
industrialization of fshing industry and the
development of the entire country.
Section 127. Mandatory Review. - The Congress of the
Philippines shall undertake a mandatory review
of this Code at least once every fve (5) years
and as often as it may deem necessary, to ensure
that fsheries policies and guidelines remain
responsive to changing circumstances.
CHAPTER VIII
Transitory Provisions
Section 128. Moratoria. - The Department shall, upon
the recommendation of the Bureau, have
the power to declare a moratorium on the
issuance of licenses for commercial fshing
vessels to operate in specified area or areas
in Philippine waters for a limited period of
time if there are indications of overfshing
brought about by a decrease in the volume
and sizes of fsh caught therein or for
conservation or ecological purposes.
No new licenses and similar privileges
on exploitation of specifc fshery areas in
Philippine waters and aquaculture production
areas shall be issued in accordance with this
Code. Such moratoria shall not exceed fve (5)
years from the effectivity of this Code.
Section 129. Formulation of Implementing Rules and
Regulations. - An Inter-agency Committee
is hereby created to formulate rules and
regulations for the full implementation
of this Code within ninety (90) days of its
effectivity: Provided, however, That the
formulated rules and regulations shall be
submitted to both Houses of Congress for
information and guidance. Such rules and
regulations shall take effect upon publication
in a newspaper of general circulation.
The Inter-agency Committee shall be
composed of the following:
(a) Secretary of Agriculture as Chairman;
(b) Secretary of the Interior and Local
Government;
(c) Secretary of Environment and Natural
Resources;
(d) Secretary of Justice;
(e) Secretary of Finance;
(f) Secretary of Budget and Management;
(g) Secretary of Labor and Employment;
(h) Secretary of National Defense;
(i) Commi ssi oner of Ci vi l Servi ce
Commission;
(j) Director of BFAR;
(k) Executive Director of PCAMRD;
(l) General Manager of PFDA;
(m) One (1) representative from each of the
following:
(a.1) The League of Provinces;
(a.2) The League of Cities;
(a.3) The League of Municipalities;
(a.4) The Liga ng mga Barangay;
(n) Representative of the municipal
fsherfolk;lawphi1
(o) Representative of the commercial fshers;
(p) Representative of the non-government
organizations involved in fshing
concerns; and
(q) A representative from the academe coming
from the specialized fsheries institution.
CHAPTER IX
Final Provisions
Section 130. Appropriation. - The sum necessary to
effectively carry out the provisions of this
Act during the frst year of implementation
shall be sourced from the budget of the
DA/BFAR and other agencies performing
fsheries-related functions: Provided,
however, That such amount as may be
necessary to carry out the provisions
of Sections 79, 109, 110, 111, 112, 113
are hereby appropriated out of the
unappropriated funds of the National
Treasury. The Congress of the Philippines
shall provide for the appropriations of the
Department, the NFRDI and the Fisheries
Scholarship Program for the succeeding
years to be included in the annual GAA.
Section 131. Repealing Clause. - Presidential Decree No.
704, as amended by Presidential Decree Nos.
1015 and 1058, Presidential Decree No. 977,
as amended, Executive Order No. 967, Series
of 1984, Executive Order No. 116, Series of
1987, Executive Order No. 292, Series of
1987, Executive Order No. 473, Series of
1991 and other existing laws except Republic
Act No. 7611, decrees, executive orders, and
rules and regulations or parts thereof, which
are inconsistent with this Code, are hereby
repealed or modifed accordingly.
Section 132. Separability Clause. - If any portion or provision
of this Code is declared unconstitutional or
invalid, the other portions or provisions hereof,
which are not affected thereby, shall continue in
full force and effect.
Section 133. Effectivity. - This Code shall take effect
ffteen (15) days after its publication in the
Offcial Gazette or in two (2) newspapers of
general publication.
Approved:February 25, 1998
.
AN ACT PROVIDING FOR THE
REHABILITATION, SELF-DEVELOPMENT
AND SELF-RELIANCE OF DISABLED
PERSONS AND THEIR INTEGRATION INTO
THE MAINSTREAM OF SOCIETY AND FOR
OTHER PURPOSES.
TITLE I GENERAL PROVISIONS
CHAPTER I BASIC PRINCIPLE
Section 1. Title. This Act shall be known and cited as
the Magna Carta for Disabled Persons.
Section 2. Declaration of Policy The grant of the
rights and privileges for disabled persons
shall be guided by the following principles:
(a) Disabled persons are part of Philippine
society, thus the State shall give full
support to the improvement of the total
well-being of disabled persons and their
integration into the mainstream of society.
Toward this end, the State shall adopt
policies ensuring the rehabilitation, self-
development and self-reliance of disabled
persons. It shall develop their skills and
potentials to enable them to compete
favorably for available opportunities.
(b) Disabled persons have the same rights as
other people to take their proper place
in society. They should be able to live
freely and as independently as possible.
This must be the concern of everyone
the family, community and all
government and nongovernment
organizations. Disabled persons rights
must never be perceived as welfare
services by the Government.
(c) The rehabilitation of disabled persons
shall be the concern of the Government
in order to foster their capacity to
attain a more meaningful, productive
and satisfying life. To reach out to a
greater number of disabled persons, the
rehabilitation services and benefts shall
be expanded beyond the traditional
urban-based centers to community
based programs, that will ensure
full participation of different sectors
as supported by national and local
government agencies.
(d) The State also recognizes the role of the
private sector in promoting the welfare
of disabled persons and shall encourage
partnership in programs that address
their needs and concerns.
(e) To facilitate integration of disabled
persons into the mainstream of society,
the State shall advocate for and encourage
respect for disabled persons. The State
shall exert all efforts to remove all social,
cultural, economic, environmental and
attitudinal barriers that are prejudicial to
disabled persons.
Section 3. Coverage. This Act shall cover all disabled
persons and, to the extent herein provided,
departments, offces and agencies of the
National Government or nongovernment
organizations involved in the attainment of
the objectives of this Act.
Section 4. Defnition of Terms. For purposes of this
Act, these terms are defned as follows:
(a) Disabled persons are those suffering
from restriction or different abilities, as
a result of a mental, physical or sensory
impairment, to perform an activity in the
manner or within the range considered
normal for a human being;
(b) Impairment is any loss, diminution or
aberration of psychological, physiological,
or anatomical structure or function;
(c) Disability shall mean 1) a physical or
mental impairment that substantially
limits one or more psychological,
physiological or anatomical function of an
individual or activities of such individual;
2) a record of such an impairment; or
3) being regarded as having such an
impairment;
(d) Handicap refers to a disadvantage for
a given individual, resulting from an
impairment or a disability, that limits
or prevents the function or activity,
that is considered normal given the age
and sex of the individual;
(e) Rehabilitation is an integrated approach
to physical, social, cultural, spiritual,
educational and vocational measures
that create conditions for the individual
to attain the highest possible level of
functional ability;
(f) Social Barriers refer to the
characteristics of institutions, whether
legal, economic, cultural, recreational
or other, any human group, community,
or society which limit the fullest
possible participation of disabled
persons in the life of the group. Social
barriers include negative attitudes
which tend to single out and exclude
disabled persons and which distort
roles and inter-personal relationships;
(g) Auxiliary Aids and Services include:
(1) qualifed interpreters or other
effective methods of delivering
materials to individuals with hearing
impairments;
(2) qualified readers, taped tests, or
other effective methods of delivering
materials to individuals with visual
impairments;
(3) acquisition or modification of
equipment or devices; and
(4) other similar services and actions
or all types of aids and services that
facilitate the learning process of
people with mental disability.
(h) Reasonable Accommodation include
1) improvement of existing facilities
used by employees in order to
render these readily accessible to
and usable by disabled persons; and
2) modifcation of work schedules,
reassignment to a vacant position,
acquisition or modifcation of
equipment or devices, appropriate
adjustments or modifcations of
examinations, training materials
or company policies, rules and
regulations, the provision of auxiliary
aids and services, and other similar
accommodations for disabled persons;
(i) Sheltered Employment refers to the
provision of productive work for disabled
persons through workshops providing
special facilities, income-producing
projects or homework schemes with a
view to giving them the opportunity
to earn a living thus enabling them to
acquire a working capacity required in
open industry;
(j) Auxiliary Social Services are the supportive
activities in the delivery of social services
to the marginalized sectors of society;
(k) Marginalized Disabled Persons
refer to disabled persons who lack
access to rehabilitative services and
opportunities to be able to participate
fully in socioeconomic activities and
who have no means of livelihood and
whose incomes fall below the poverty
threshold;
(l) Qualifed Individual with a Disability
shall mean an individual with a disability
who, with or without reasonable
accommodations, can perform the
essential functions of the employment
position that such individual holds or
desires. However, consideration shall be
given to the employers judgment as to
what functions of a job are essential, and
if an employer has prepared a written
description before advertising or
interviewing applicants for the job, this
description shall be considered evidence
of the essential functions of the job;
(m) Readily Achievable means a goal can
be easily attained and carried out without
much diffculty or expense. In determining
whether an action is readily achievable,
factors to be considered include
(1) the nature and cost of the action;
(2) the overall financial resources of
the facility or facilities involved in
the action; the number of persons
employed at such facility; the effect
on expenses and resources, or the
impact otherwise of such action upon
the operation of the facility;
(3) the overall financial resources of
the covered entity with respect to
the number of its employees; the
number, type and location of its
facilities; and
(4) the type of operation or operations
of the covered entity, including
the composition, structure and
functions of the work force of such
entity; the geographic separateness,
administrative or fscal relationship
of the facility or facilities in question
to the covered entity.
(n) Publ i c Transport at i on means
transportation by air, land and sea that
provides the public with general or special
service on a regular and continuing basis;
(o) Covered Entity means an employer,
employment agency, labor organization
or joint- labor management committee;
and
(p) Commerce shall be taken to mean
as travel, trade, traffic, commerce,
transportation, or communication
among the provinces or between any
foreign country or any territory or
possession and any province.
TITLE II
RIGHTS AND PRIVILEGES OF DISABLED
PERSONS
CHAPTER I EMPLOYMENT
Section 5. Equal Opportunity for Employment. No
disabled person shall be denied access to
opportunities for suitable employment. A
qualifed disabled employee shall be subject
to the same terms and conditions of
employment and the same compensation,
privileges, benefts, fringe benefts, incentives
or allowances as a qualifed able bodied
person.
Five percent (5%) of all casual emergency
and contractual positions in the Departments
of Social Welfare and Development; Health;
Education, Culture and Sports; and other
government agencies, offces or corporations
engaged in social development shall be
reserved for disabled persons.
Section 6. Sheltered Employment If suitable
employment for disabled persons cannot be
found through open employment as provided
in the immediately preceding Section, the
State shall endeavor to provide it by means
of sheltered employment. In the placement
of disabled persons in sheltered employment,
it shall accord due regard to the individual
qualities, vocational goals and inclinations
to ensure a good working atmosphere and
effcient production.
Section 7. Apprenticeship. Subject to the provisions of
the Labor Code as amended, disabled persons
shall be eligible as apprentices or learners:
Provided, That their handicap is not as much
as to effectively impede the performance of
job operations in the particular occupation for
which they are hired; Provided, further, That
after the lapse of the period of apprenticeship, if
found satisfactory in the job performance, they
shall be eligible for employment.
Section 8. Incentives for Employers.
(a) To encourage the active participation of
the private sector in promoting the
welfare of disabled persons and to
ensure gainful employment for qualifed
disabled persons, adequate incentives
shall be provided to private entities which
employ disabled persons.
(b) Private entities that employ disabled
persons who meet the required skills or
qualifcations, either as regular employee,
apprentice or learner, shall be entitled to
an additional deduction, from their gross
income, equivalent to twenty-fve percent
(25%) of the total amount paid as salaries
and wages to disabled persons: Provided,
however, That such entities present proof
as certifed by the Department of Labor
and Employment that disabled persons are
under their employ: Provided, further, That
the disabled employee is accredited with
the Department of Labor and Employment
and the Department of Health as to his
disability, skills and qualifcations.
(c) Private entities that improve or modify
their physical facilities in order to provide
reasonable accommodation for disabled
persons shall also be entitled to an
additional deduction from their net taxable
income, equivalent to ffty percent (50%)
of the direct costs of the improvements or
modifcations. This Section, however, does
not apply to improvements or modifcations
of facilities required under Batas Pambansa
Bilang 344.
Section 9. Vocational Rehabilitation. Consistent with
the principle of equal opportunity for disabled
workers and workers in general, the State
shall take appropriate vocational rehabilitation
measures that shall serve to develop the skills
and potentials of disabled persons and enable
them to compete favorably for available
productive and remunerative employment
opportunities in the labor market.
The State shall also take measures to ensure
the provision of vocational rehabilitation and
livelihood services for disabled persons in
the rural areas. In addition, it shall promote
cooperation and coordination between
the government and nongovernmental
organizations and other private entities engaged
in vocational rehabilitation activities.
The Department of Social Welfare and
Development shall design and implement
training programs that will provide disabled
persons with vocational skills to enable them
to engage in livelihood activities or obtain
gainful employment. The Department of
Labor and Employment shall likewise
design and conduct training programs
geared towards providing disabled persons
with skills for livelihood.
Section 10. Vocational Guidance and Counseling.
Development shall implement measures
providing and evaluating vocational guidance
and counseling to enable disabled persons to
secure, retain and advance in employment. It
shall ensure the availability and training of
counselors and other suitably qualifed staff
responsible for the vocational guidance and
counseling of disabled persons.
Section 11. Implementing Rules and Regulations. The
Department of Labor and Employment
in coordination with the Department
of Social Welfare and Development
(DSWD) and National Council for the
Welfare of the Disabled Persons (NCWDP)
shall promulgate the rules and regulations
necessary to implement the provisions
under this Chapter.
CHAPTER II EDUCATION
Section 12. Access to Quality Education. The State shall
ensure that disabled persons are provided
with access to quality education and ample
opportunities to develop their skills. It shall
take appropriate steps to make such education
accessible to all disabled persons. It shall be
unlawful for any learning institution to deny
a disabled person admission to any course it
offers by reason of handicap or disability.
The State shall take into consideration the
special requirements of disabled persons in
the formulation of educational policies
and programs. It shall encourage learning
institutions to take into account the special
needs of disabled persons with respect to the
use of school facilities, class schedules,
physical education requirements, and
other pertinent consideration.
The State shall also promote the provision by
learning institutions, especially higher learning
institutions of auxiliary services that will facilitate
the learning process for disabled persons.
Section 13. Assistance to Disabled Students. The State shall
provide fnancial assistance to economically
marginalized but deserving disabled students
pursuing post secondary or tertiary education.
Such assistance may be in the form of
scholarship grants, student loan programs,
subsidies, and other incentives to qualifed
disabled students in both public and private
schools. At least fve percent (5%) of the
allocation for the Private Education Student
Financial Assistance Program created by virtue
of R.A. 6725 shall be set aside for disabled
students pursuing vocational or technical and
degree courses.
Section 14. Special Education. The State shall establish,
maintain and support complete, adequate
and integrated system of special education
for the visually impaired, hearing impaired,
mentally retarded persons and other types
of exceptional children in all regions of the
country. Toward this end, the Department
of Education, Culture and Sports shall
establish, special education classes in
public schools in cities, or municipalities.
It shall also establish, where viable, Braille
and Record Libraries in provinces, cities or
municipalities.
The National Government shall allocate funds
necessary for the effective implementation of
the special education program nationwide.
Local government units may likewise
appropriate counterpart funds to supplement
national funds.
Section 15. Vocational or Technical and Other Training
Programs. The State shall provide disabled
persons with training in civics, vocational
effciency, sports and physical ftness, and
other skills. The Department of Education,
Culture and Sports shall establish in at least
one government-owned vocational and
technical school in every province a special
vocational and technical training program
for disabled persons. It shall develop and
implement sports and physical ftness
programs specifcally designed for disabled
persons taking into consideration the nature
of their handicap.
Section 16. Non-Formal Education. The State
shall develop non-formal education
programs intended for the total human
development of disabled persons. It
shall provide adequate resources for non-
formal education programs and projects
that cater to the special needs of disabled
persons.
Section 17. State Universities and Colleges. If viable and
needed, the State University or State College
in each region or province shall be responsible
for (a) the development of material appliances
and technical aids for disabled persons; (b)
the development of training materials for
vocational rehabilitation and special education
instructions; (c) the research on special
problems, particularly of the visually-
impaired, hearing- impaired, speech-impaired,
and orthopedically-impaired students,
mentally retarded, and multi-handicapped
and others, and the elimination of social
barriers and discrimination against disabled
persons; and (d) inclusion of the Special
Education for Disabled (SPED) course in
the curriculum.
The National Government shall provide
these state universities and colleges with
necessary special facilities for visually-
impaired, hearing-impaired, speech-
impaired, and orthopedically-impaired
students. It shall likewise allocate the
necessary funds in support of the above.
CHAPTER III HEALTH
Section 18. National Health Program. The Department
of Health in coordination with the National
Council for the Welfare of Disabled Persons,
shall institute a national health program which
shall aim to attain the following:
(a) prevention of disability, whether
occurring prenatally or postnatally;
(b) recognition and early diagnosis of
disability; and
(c) early rehabilitation of the disabled.
Section 19. Rehabilitation Centers. The Department of
Health shall establish medical rehabilitation
centers in government provincial hospitals,
and shall include in its annual appropriation
the necessary funds for the operation of such
centers.
The Department of Health shall formulate
and implement a program to enable
marginalized disabled persons to avail of
free rehabilitation services in government
hospitals.
Section 20. Health Services. The State shall protect
and promote the right to health of disabled
persons and shall adopt an integrated and
comprehensive approach to their health
development which shall make essential
health services available to them at affordable
cost.
The National Government shall provide
an integrated health service for disabled
persons which shall include, but not limited
to, the following:
(a) prevention of disability through
immunization, nutrition, environmental
protection and preservation, and
genetic counseling; and early detection
of disability and timely intervention to
arrest disabling condition; and
(b) medical treatment and rehabilitation.
The Department of Health shall feld medical
personnel specializing in the treatment
and rehabilitation of disabled persons to
provincial hospitals and, when viable, to
municipal health centers. It shall also train
its feld health personnel in the provision of
medical attention to disabled persons. It shall
further ensure that its feld health units have the
necessary capabilities to ft prosthetic and
orthotic appliances on disabled persons.
CHAPTER IV
AUXILIARY SOCIAL SERVICES
Section 21. Auxiliary Social Services. The State shall
ensure that marginalized persons are provided
with the necessary auxiliary services that
will restore their social functioning and
participation in community affairs. Towards
this end, the Department of Social Welfare and
Development shall develop and implement
programs on auxiliary social services that
respond to the needs of marginalized
disabled persons. The components of such a
program shall be as follows:
(a) assistance in the acquisition of prosthetic
devices and medical intervention of
specialty services;
(b) provision of specialized training
activities designed to improve functional
limitations of disabled persons related to
communication skills;
(c) development among disabled persons of a
positive self-image through the provision
of counseling, orientation and mobility and
strengthening daily living capability;
(d) provision of family care services geared
towards developing the capability of
families to respond to the needs of the
disabled members of the family;
(e) provision of substitute family care services
and the facilities therefor for abandoned,
neglected, abused and unattached disabled
persons who need custodial care;
(f) provision of after care and follow-up
services for the continued rehabilitation
in a community-based setting of disabled
persons who were released from residential
care or rehabilitation centers; and
(g) provision of day care services for disabled
children of pre-school age.
CHAPTER V
TELECOMMUNICATIONS
Section 22. Broadcast Media. Television stations shall be
encouraged to provide a sign language inset
or subtitles in at least one (1) newscast
program a day and special programs covering
events of national signifcance.
Section 23. Telephone Services. All telephone
companies shall be encouraged to install
special telephone devices or units for the
hearing-impaired and ensure that they are
commercially available to enable them to
communicate through the telephone system.
Section 24. Free Postal Charges for the Disabled. Postal
charges shall be free on the following:
(a) articles and literatures like books and
periodicals, orthopedic and other
devices, and teaching aids for the use
of the disabled sent by mail within the
Philippines and abroad; and
(b) aids and orthopedic devices for the disabled
sent by abroad by mail for repair: Provided,
That the aforesaid items are for personal
purposes only: Provided, further,
That the disabled person is a marginalized
disabled as certifed by the Social Welfare and
Development Offce of the local government
unit concerned or the Department of Social
Welfare and Development.
CHAPTER VI ACCESSIBILITY
Section 25. Barrier-Free Environment. The State
shall ensure the attainment of a barrier-free
environment that will enable disabled persons
to have access in public and private buildings
and establishments and such other places
mentioned in Batas Pambansa Bilang 344,
otherwise known as the Accessibility Law.
The national and local governments
shall allocate funds for the provision
of architectural facilities or structural
features for disabled persons in government
buildings and facilities.
Section 26. Mobility. The State shall promote the
mobility of disabled persons. Disabled persons
shall be allowed to drive motor vehicles, subject
to the rules and regulations issued by the Land
Transportation Offce pertinent to the nature of
their disability and the appropriate adaptations
or modifcations made on such vehicles.
Section 27. Access to Public Transport Facilities.
Development shall develop a program
to assist marginalized disabled persons
gain access in the use of public transport
facilities. Such assistance may be in the form
of subsidized transportation fare.
The said department shall also allocate such
funds as may be necessary for the effective
implementation of the public transport
program for the disabled persons.
The Accessibility Law, as amended, shall
be made suppletory to this Act.
Section 28. Implementing Rules and Regulations.
The Department of Transportation and
Communications shall formulate the rules
and regulations necessary to implement the
provisions of this Chapter.
CHAPTER VII
POLITICAL AND CIVIL RIGHTS
Section 29. System of Voting. Disabled persons shall be
allowed to be assisted by a person of his choice
in voting in the national or local elections.
The person thus chosen shall prepare
the ballot for the disabled voter inside
the voting booth. The person assisting
shall bind himself in a formal document
under oath to fll out the ballot strictly in
accordance with the instructions of the voter
and not to reveal the contents of the ballot
prepared by him. Violation of this provision
shall constitute an election offense. Polling
places should be made accessible to disabled
persons during national or local elections.
Section 30. Right to Assemble. Consistent with
the provisions of the Constitution, the
State shall recognize the right of disabled
persons to participate in processions, rallies,
parades, demonstrations, public meetings,
and assemblages or other forms of mass or
concerned action held in public.
Section 31. Right to Organize. The State recognizes
the right of disabled persons to form
organizations or associations that promote
their welfare and advance or safeguard their
interests. The National Government,
through its agencies, instrumentalities and
subdivisions, shall assist disabled persons
in establishing self-help organizations by
providing them with necessary technical and
fnancial assistance.
Concerned government agencies and
offces shall establish close linkages
with organizations of the disabled persons
in order to respond expeditiously to the
needs of disabled persons. National line
agencies and local government units shall
assist disabled persons in setting up specifc
projects that will be managed like business
propositions.
To ensure the active participation of
disabled persons in the social and
economic development of the country,
their organizations shall be encouraged to
participate in the planning, organization
and management of government
programs and projects for disabled
persons.
Organizations of disabled persons shall
participate in the identifcation and
preparation of programs that shall serve
to develop employment opportunities for
the disabled persons.
TITLE III
PROHIBITION ON DISCRIMINATION
AGAINST DISABLED PERSONS
CHAPTER I DISCRIMINATION ON
EMPLOYMENT
Section 32. Discrimination on Employment. No
entity, whether public or private, shall
discriminate against a qualifed disabled
person by reason of disability in regard
to job application procedures, the hiring,
promotion, or discharge of employees,
employee compensation, job training, and
other terms, conditions, and privileges of
employment. The following constitute acts
of discrimination:
(a) Limiting, segregating or classifying
a disabled job applicant in such a
manner that adversely affects his work
opportunities;
(b) Usi ng qual i f i cat i on st andards,
employment tests or other selection
criteria that screen out or tend to
screen out a disabled person unless such
standards, tests or other selection criteria
are shown to be job-related for the
position in question and are consistent
with business necessity;
(c) Utilizing standards, criteria, or methods
of administration that:
(1) have the effect of discrimination on
the basis of disability; or
(2) perpetuate the discrimination of
others who are subject to common
administrative control.
(d) Providing less compensation, such
as salary, wage or other forms of
remuneration and fringe benefts, to a
qualifed disabled employee, by reason of
his disability, than the amount to which
a non-disabled person performing the
same work is entitled;
(e) Favoring a non-disabled employee over a
qualifed disabled employee with respect
to promotion, training opportunities,
study and scholarship grants, solely on
account of the latters disability;
(f) Re-assigning or transferring a disabled
employee to a job or position he cannot
perform by reason of his disability;
(g) Dismissing or terminating the services
of a disabled employee by reason of
his disability unless the employer can
prove that he impairs the satisfactory
performance of the work involved to the
prejudice of the business entity: Provided,
however, That the employer frst sought
to provide reasonable accommodations
for disabled persons;
(h) Failing to select or administer in the
most effective manner employment tests
which accurately refect the skills,
aptitude or other factor of the disabled
applicant or employee that such tests
purports to measure, rather than the
impaired sensory, manual or speaking
skills of such applicant or employee, if
any; and
(i) Excluding disabled persons from
membership in labor unions or similar
organizations.
Section 33. Employment Entrance Examination. Upon
an offer of employment, a disabled applicant
may be subjected to medical examination, on
the following occasions:
(a) all entering employees are subjected
to such an examination regardless of
disability;
(b) information obtained during the medical
condition or history of the applicant is
collected and maintained on separate
forms and in separate medical fles and is
treated as a confdential medical record;
Provided, however, That:
(1) supervisors and managers may be
informed regarding necessary restrictions
on the work or duties of the employees
and necessary accommodations;
(2) frst aid and safety personnel may be
informed, when appropriate, if the
disability may require emergency
treatment;
(3) government offcials investigating
compliance with this Act shall be
provided relevant information on
request; and
(4) the results of such examination are used
only in accordance with this Act.
CHAPTER II
DISCRIMINATION ON TRANSPORTATION
Section 34. Public Transportation. It shall be considered
discrimination for the franchisees or operators
and personnel of sea, land, and air transportation
facilities to charge higher fare or to refuse to
convey a passenger, his orthopedic devices,
personal effects, and merchandise by reason of
his disability.
CHAPTER III
DISCRIMINATION ON THE USE OF PUBLIC
ACCOMMODATIONS AND
SERVICES
Section 35. Public Accommodations and Services.
For purposes of this Chapter, public
accommodations and services shall include
the following:
(a) an inn, hotel, motel, or other place of
lodging, except for an establishment
located within a building that contains
not more than fve (5) rooms for rent or
hire and that is actually occupied by the
proprietor of such establishment as the
residence of such proprietor;
(b) a restaurant, bar, or other establishment
serving food or drink;
(c) a motion picture, theater, concert hall,
stadium, or other place of exhibition
or entertainment;
(d) an auditorium, convention center, lecture
hall, or other place of public gathering;
(e) a bakery, grocery store, hardware store,
shopping center, or other sales or rental
establishment;
(f) a bank, barber shop, beauty shop, travel
service, funeral parlor, gas station, offce
of a lawyer, pharmacy, insurance offce,
professional offce of a health care provider,
hospital or other service establishment;
(g) a terminal, depot, or other station used
for specifed public transportation;
(h) a museum, gallery, library or other place
of public display or collection;
(i) a park, zoo, amusement park, or other
place of recreation;
(j) a nursery, elementary, secondary,
undergraduate, or post-graduate
private school, or other place of
education;
(k) a gymnasium, health spa, bowling alley,
golf course; or
(l) other place of exercise or recreation.
Section 36. Discrimination on the Use of Public
Accommodations.
(a) No disabled person shall be
discriminated on the basis of disability
in the full and equal enjoyment of the
goods, services, facilities, privileges,
advantages or accommodations of any
place of public accommodation by any
person who owns, leases, or operates
a place of public accommodation.
The following constitute acts of
discrimination:
(1) denying a disabled person, directly
or through contractual, licensing, or
other arrangement, the opportunity
to participate in or beneft from the
goods, services, facilities, privileges,
advantages, or accommodations
of an entity by reason of his
disability;
(2) affording a disabled person,
on the basis of his disability,
directly or through contractual,
licensing, or other arrangement,
with the opportunity to participate
in or beneft from a good service,
facility, privilege, advantage, or
accommodation that is not equal to
that afforded to other able-bodied
persons; and
(3) providing a disabled person, on
the basis of his disability, directly
or through contractual, licensing,
or other arrangement, with a good,
service, facility, advantage, privilege,
or accommodation that is different or
separate from that provided to other
able-bodied persons unless such action is
necessary to provide the disabled person
with a good, service, facility, advantage,
privilege, or accommodation, or other
opportunity that is as effective as that
provided to others;
For purposes of this Section, the term
individuals or class of individuals
refers to the clients or customers of the
covered public accommodation that
enters into the contractual, licensing or
other arrangement.
(b) Integrated Settings Goods, services,
facilities, privileges, advantages, and
accommodations shall be afforded to
individual with a disability in the most
integrated setting appropriate to the
needs of the individual.
(c) Opport uni t y t o Part i ci pat e
Notwithstanding the existence of separate
or different programs or activities provided
in accordance with this Section, an
individual with a disability shall not be
denied the opportunity to participate in
such programs or activities that are not
separate or different.
(d) Association It shall be discriminatory
to exclude or otherwise deny equal
goods, services, facilities, advantages,
privileges, accommodations or other
opportunities to an individual or entity
because of the known disability of an
individual with whom the individual or
entity is known to have a relationship
or association.
(e) Prohibitions For purposes of this
Section, the following shall be considered
as discriminatory:
(1) the imposition or application of
eligibility criteria that screen out or
tend to screen out an individual with a
disability or any class or individuals
with disabilities from fully and
equal l y enj oyi ng any goods,
servi ces, f aci l i t i es, pri vi l eges,
advantages, or accommodations,
unless such criteria can be shown
to be necessary for the provision
of the goods, services, facilities,
privileges, or accommodations
being offered;
(2) a failure to make reasonable
modifications in policies,
practices, or procedures, when
such modifications are necessary
to afford such goods, services,
facilities, privileges, advantages,
or accommodations to individuals
with disabilities, unless the entity
can demonstrate that making such
modifications would fundamentally
alter the nature of the goods,
facilities, services, privileges,
advantages, or accommodations;
(3) failure to take such steps as
may be necessary to ensure that
no individual with a disability
is excluded, denied services,
segregated or otherwise treated
differently than other individuals
because of the absence of auxiliary
aids and services, unless the entity
can demonstrate that taking such
steps would fundamentally alter
the nature of the good, service,
facility, privilege, advantage or
accommodation being offered or
would result in undue burden;
(4) a failure to remove architectural
barriers, and communication
barriers that are structural in
nature, in existing facilities, where
such removal is readily achievable;
and
(5) where an entity can demonstrate
that the removal of a barrier under
clause (4) is not readily achievable,
a failure to make such goods,
services, facilities, privileges,
advantages, or accommodations
available through alternative
methods if such methods are
readily achievable.
Section 37. Use of Government Recreational or Sports
Centers Free of Charge. Recreational
or sports centers owned or operated by
the Government shall be used, free of
charge, by marginalized disabled persons
during their social, sports or recreational
activities.
Section 38. Implementing Rules and Regulations. The
Department of Public Works and Highways
shall formulate the rules and regulations
necessary to implement the provisions of
this Chapter.
TITLE IV FINAL PROVISIONS
Section 39. Housing Program. The National
Government shall take into consideration
in its national shelter program the special
housing requirements of disabled persons.
Section 40. Role of National Agencies and Local Government
Units. Local government units shall
promote the establishment of organizations
of disabled persons in their respective
territorial jurisdictions. National agencies
and local government units may enter
into joint ventures with organizations
or associations of disabled persons to
explore livelihood opportunities and other
undertakings that shall enhance the health,
physical ftness and the economic and social
well-being of disabled persons.
Section 41. Support From Nongovernment Organizations.
Nongovernment organizations or private
volunteer organizations dedicated to the
purpose of promoting and enhancing the
welfare of disabled persons shall, as they,
are hereby encouraged, become partners of
the Government in the implementation of
vocational rehabilitation measures and other
related programs and projects. Accordingly,
their participation in the implementation
of said measures, programs and projects is
to be extended all possible support by the
Government.
The Government shall sponsor a volunteer
service program which shall harness the
involvement of private individuals in the
provision of assistance to disabled persons.
Section 42. Tax Incentives.
(a) Any donation, bequest, subsidy or fnancial
aid which may be made to government
agencies engaged in the rehabilitation
of disabled persons and organizations of
disabled persons shall be exempt from
the donors tax subject to the provisions
of Section 94 of the National Internal
Revenue Code (NIRC), as amended and
shall be allowed as deductions from
the donors gross income for purposes
of computing the taxable income subject
to the provisions of Section 29 (h) of the
Code.
(b) Donations from foreign countries shall
be exempt from taxes and duties on
importation subject to the provisions of
Section 105 of the Tariff and Customs
Code of the Philippines, as amended,
Section 103 of the NIRC, as amended
and other relevant laws and international
agreements.
(c) Local manufacturing or technical aids
and appliances used by disabled persons
shall be considered as a preferred area
of investment subject to the provisions
of Executive Order No. 226 otherwise
known as the Omnibus Investments Code
of 1987 and, as such, shall enjoy the rights,
privileges and incentives as provided in
said Code such as, but not limited, to the
following:
(1) repatriation of investments;
(2) remittance of earnings;
(3) remittance of payments on foreign
contracts;
(4) freedom from expropriations;
(5) f reedom f rom requi si t i on of
investment;
(6) income tax holiday;
(7) additional deduction for labor
expense;
(8) tax and duty exemption on imported
capital equipment;
(9) tax credit on domestic capital
equipment;
(10) exemption from contractors tax;
(11) si mpl i f i cat i on of cust oms
procedures;
(12) unrestricted use of consigned
equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on
raw materials;
(15) access to bonded manufacturing/
traded warehouse system;
(16) exemption from taxes and duties on
imported spare parts; and
(17) exemption from wharfage dues and
any export tax, duty, impost and fee.
Section 43. Continuity Clause. Should any
department or agency tasked with the
enforcement or formulation of rules
and regulations and guidelines for
implementation of any provision of this
Act is abolished, merged with another
department or agency or modified,
such shall not affect the enforcement or
formulation of rules, regulations and
guidelines for implementation of this Act
to the effect that
(a) In case of abolition, the department
or agency established to replace the
abolished department or agency shall
take-over the functions under this Act of
the abolished department or agency.
(b) In case the department or agency tasked
with the enforcement or formulation
of rules, regulations and guidelines for
implementation of this Act is merged
with another department or agency,
the former shall continue the functions
under this Act of the merged department
or agency.
(c) In case of modifcation, the department
or agency modifed shall continue
the functions under this Act of the
department or agency that has undergone
the modifcation.
Section 44. Enforcement by the Secretary of Justice.
(a) Denial of Right
(1) Duty to Investigate the Secretary of
Justice shall investigate alleged violations
of this Act, and shall undertake periodic
reviews of compliance of covered
entities under this Act.
(b) Potential Violations If the Secretary
of Justice has reasonable cause to believe
that
(1) any person or group of persons is
engaged in a pattern or practice
of discrimination under this Act;
or
(2) any person or group or persons has
been discriminated against under this
Act and such discrimination raises an
issue of general public importance, the
Secretary of Justice may commence a
legal action in any appropriate court.
Section 45. Authority of Court. The court may grant
any equitable relief that such court considers
to be appropriate, including, to the extent
required by this Act:
(a) granting temporary, preliminary or
permanent relief;
(b) providing an auxiliary aid or service,
modification of policy, practice or
procedure, or alternative method; and
(c) making facilities readily accessible to and
usable by individuals with disabilities.
Section 46. Penal Clause.
(a) Any person who violates any provision of
this Act shall suffer the following penalties:
(1) for the frst violation, a fne of
not less than Fifty thousand pesos
(P50,000.00) but not exceeding
One hundred thousand pesos
(P100,000.00) or imprisonment of
not less than six (6) months but not
more than two (2) years, or both at
the discretion of the court; and
(2) for any subsequent violation, a
fine of not less than One hundred
thousand pesos (P100,000.00)
but not exceeding Two hundred
thousand pesos (P200,000.00) or
imprisonment for not less than two
(2) years but not more than six (6)
years, or both at the discretion of
the court.
(b) Any person who abuses the privileges
granted herein shall be punished with
imprisonment of not less than six (6)
months or a fne of not less than Five
thousand Pesos (P5,000.00), but not more
than Fifty thousand pesos (P50,000.00),
or both, at the discretion of the court.
(c) If the violator is a corporation,
organization or any similar entity, the
offcials thereof directly involved shall be
liable therefor.
(d) If the violator is an alien or a foreigner,
he shall be deported immediately after
service of sentence without further
deportation proceedings.
Section 47. Appropriations. The amount necessary to
carry out the provisions of this Act shall be
included in the General Appropriations Act
of the year following its enactment into law
and thereafter.
Section 48. Separability Clause. Should any provisions
of this Act be found unconstitutional
by a court of law, such provisions shall
be severed from the remainder of the
Act, and such action shall not affect the
enforceability of the remaining provisions
of this Act.
Section 49. Repealing Clause. All laws, presidential
decrees, executive orders and rules and
regulations inconsistent with the provisions
of this Act are hereby repealed or modifed
accordingly.
Section 50. Effectivity. This Act shall take effect
fifteen (15) days after its publication
in any two (2) newspapers of general
circulation.
Approved: March 24, 1992
Tenth Congress
Third Regular Session
Begun and held in Metro Manila,
on Monday the twenty eighth day of July,
nineteen hundred and ninety seven


AN ACT TO RECOGNIZE, PROTECT AND
PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/ INDIGENOUS
PEOPLES, CREATING A NATIONAL
COMMISSION ON INDIGENOUS PEOPLES,
ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

of the Philippines in Congress assembled:

CHAPTER I: GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as
The Indigenous Peoples Rights Act of
1997.
Section 2. Declaration of State Policies. The State
shall recognize and promote all the rights
of Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs) hereunder
enumerated within the framework of the
Constitution:
a) The State shall recognize and promote the
rights of ICCs/IPs within the framework of
national unity and development;
b) The State shall protect the rights of ICCs/
IPs to their ancestral domains to ensure
their economic, social and cultural well
being and shall recognize the applicability
of customary laws governing property rights
or relations in determining the ownership
and extent of ancestral domain;
c) The State shall recognize, respect and
protect the rights of ICCs/ IPs to preserve
and develop their cultures, traditions and
institutions. It shall consider these rights in
the formulation of national laws and policies;
d) The State shall guarantee that members
of the ICCs/IPs regardless of sex, shall
equally enjoy the full measure of Human
rights and freedoms without distinction
or discrimination;
e) The State shall take measures, with the
participation of the ICCs/ IPs concerned,
to protect their rights and guarantee respect
for their cultural integrity, and to ensure that
members of the ICCs/IPs beneft on an equal
footing from the rights and opportunities
which national laws and regulations grant to
other members of the population; and
f) The State recognizes its obligations to
respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring
maximum ICC/IP participation in the
direction of education, health, as well as
other services of ICCs/lPs, in order to
render such services more responsive to the
needs and desires of these communities.
Towards these ends, the State shall institute
and establish the necessary mechanisms to
enforce and guarantee the realization of these
rights, taking into consideration their customs,
traditions, values, beliefs interests and institutions,
and to adopt and implement measures to protect
their rights to their ancestral domains.
CHAPTER II: DEFINITION OF TERMS
Section 3. Defnition of Terms. For purposes of this Act,
the following terms shall mean:
a) Ancestral Domains Subject to Section 56
hereof, refer to all areas generally belonging
to ICCs/IPs comprising lands, inland waters,
coastal areas, and natural resources therein,
held under a claim of ownership, occupied
or possessed by ICCs/IPs, by themselves
or through their ancestors, communally
or individually since time immemorial,
continuously to the present except when
interrupted by war, force majeure or
displacement by force, deceit, stealth
or as a consequence of government
projects or any other voluntary dealings
entered into by government and private
individuals/corporations, and which
are necessary to ensure their economic,
social and cultural welfare. It shall
include ancestral lands, forests, pasture,
residential, agricultural, and other lands
individually owned whether alienable
and disposable or otherwise, hunting
grounds, burial grounds, worship areas,
bodies of water, mineral and other natural
resources, and lands which may no
longer be exclusively occupied by ICCs/
IPs but from which they traditionally
had access to for their subsistence and
traditional activities, particularly the
home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;
b) Ancestral Lands Subject to Section 56
hereof, refers to land occupied, possessed
and utilized by individuals, families and
clans who are members of the ICCs/IPs
since time immemorial, by themselves or
through their predecessors in interest,
under claims of individual or traditional
group ownership, continuously, to the
present except when interrupted by war,
force majeure or displacement by force,
deceit, stealth, or as a consequence of
government projects and other voluntary
dealings entered into by government
and private individuals/corporations
including, but not limited to, residential
lots, rice terraces or paddies, private
forests, swidden farms and tree lots;
c) Certifcate of Ancestral Domain Title
refers to a title formally recognizing the
rights of possession and ownership of ICCs/
IPs over their ancestral domains identifed
and delineated in accordance with this law;
d) Certifcate of Ancestral Lands Title refers
to a title formally recognizing the rights
of ICCs/IPs over their ancestral lands;
e) Communal Claimsrefer to claims on land,
resources and rights thereon; belonging
to the whole community within a defned
territory;
f) Customary Lawsrefer to a body of written
and/or unwritten rules, usages, customs
and practices traditionally and continually
recognized, accepted and observed by
respective ICCs/IPs;
g) Free and Prior Informed Consent as used
in this Act shall mean the consensus
of all members of the ICCs/IPs to be
determined in accordance with their
respective customary laws and practices,
free from any external manipulation,
interference coercion, and obtained after
fully disclosing the intent and scope of
the activity, in a language and process
understandable to the community;
h) Indigenous Cultural Communities/
Indigenous Peoples refer to a group
of people or homogenous societies
identified by self-ascription and
ascription by others, who have
continuously lived as organized
community on communally bounded
and defined territory, and who have,
under claims of ownership since time
immemorial, occupied, possessed
and utilized such territories, sharing
common bonds of language, customs,
traditions and other distinctive cultural
traits, or who have, through resistance
to political, social and cultural inroads
of colonization, nonindigenous religions
and cultures, became historically
differentiated from the majority of
Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous
on account of their descent from the
populations which inhabited the
country, at the time of conquest
or colonization, or at the time of
inroads of nonindigenous religions
and cultures, or the establishment
of present state boundaries, who
retain some or all of their own social,
economic, cultural and political
institutions, but who may have been
displaced from their traditional
domains or who may have resettled
outside their ancestral domains;
i) Indigenous Political Structures refer to
organizational and cultural leadership
systems, institutions, relationships, patterns
and processes for decisionmaking and
participation, identifed by ICCs/IPs such
as, but not limited to, Council of Elders,
Council of Timuays, Bodong Holders,
or any other tribunal or body of similar
nature;
j) Individual Claims refer to claims on
land and rights thereon which have been
devolved to individuals, families and clans
including, but not limited to, residential
lots, rice terraces or paddies and tree lots;
k) National Commission on Indigenous
Peoples (NCIP) refers to the offce
created under his Act, which shall be
under the Offce of the President, and
which shall be the primary government
agency responsible for the formulation
and implementation of policies, plans
and programs to recognize, protect and
promote the rights of ICCs/IPs;
l) Native Title refers to preconquest rights
to lands and domains which, as far back
as memory reaches, have been held under
a claim of private ownership by ICCs/
IPs, have never been public lands and are
thus indisputably presumed to have been
held that way since before the Spanish
Conquest;
m) Nongovernment Organization refers
to a private, nonprofit voluntary
organization that has been organized
primarily for the delivery of various
services to the ICCs/IPs and has
an established track record for
effectiveness and acceptability in the
community where it serves;
n) Peoples Organization refers to a private,
nonproft voluntary organization of
members of an ICC/IP which is accepted
as representative of such ICCs/IPs;
o) Sustainable Traditional Resource
Rights refer to the rights of ICCs/IPs to
sustainably use, manage, protect and
conserve a) land, air, water, and minerals;
b) plants, animals and other organisms; c)
collecting, fshing and hunting grounds;
d) sacred sites; and e) other areas of
economic, ceremonial and aesthetic value
in accordance with their indigenous
knowledge, beliefs, systems and practices;
and
p) Time Immemorial refers to a period of time
when as far back as memory can go, certain
ICCs/IPs are known to have occupied,
possessed in the concept of owner, and
utilized a defned territory devolved to them,
by operation of customary law or inherited
from their ancestors, in accordance with
their customs and traditions.
CHAPTER III:
RIGHTS TO ANCESTRAL DOMAINS
Section 4. Concept of Ancestral Lands/Domains. Ancestral lands/
domains shall include such concepts of territories
which cover not only the physical environment
but the total environment including the spiritual
and cultural bonds to the areas which the ICCs/
IPs possess, occupy and use and to which they have
claims of ownership.
Indigenous Concept of Ownership.
Indigenous concept of ownership sustains the
view that ancestral domains and all resources
found therein shall serve as the material bases
of their cultural integrity. The indigenous
concept of ownership generally holds that
ancestral domains are the ICCs/IPs private
but community property which belongs to
all generations and therefore cannot be sold,
disposed or destroyed. It likewise covers
sustainable traditional resource rights.
Section 5. Indigenous Concept of Ownership. Indigenous
concept of ownership sustains the view that
ancestral domains and all resources found therein
shall serve as the material bases of their cultural
integrity. The indigenous concept of ownership
generally holds that ancestral domains are the
ICCs/IPs private but community property
which belongs to all generations and therefore
cannot be sold, disposed or destroyed. It likewise
covers sustainable traditional resource rights.
Section 6. Composition of Ancestral Lands/Domains.
Ancestral lands and domains shall consist of
all areas generally belonging to ICCs/ IPs as
referred under Sec. 3, items (a) and (b) of this
Act.
Section 7. Rights to Ancestral Domains. The rights of
ownership and possession of ICCs/IPs to
their ancestral domains shall be recognized
and protected. Such rights shall include:
a) Right of Ownership The right to claim
ownership over lands, bodies of water
traditionally and actually occupied by
ICCs/IPs, sacred places, traditional
hunting and fshing grounds, and all
improvements made by them at any time
within the domains;
b) Right to Develop Lands and Natural
Resources. Subject to Section 56 hereof,
right to develop, control and use lands
and territories traditionally occupied,
owned, or used; to manage and conserve
natural resources within the territories
and uphold the responsibilities for future
generations; to beneft and share the
profts from allocation and utilization of
the natural resources found therein; the
right to negotiate the terms and conditions
for the exploration of natural resources
in the areas for the purpose of ensuring
ecological, environmental protection and
the conservation measures, pursuant to
national and customary laws; the right to
an informed and intelligent participation
in the formulation and implementation of
any project, government or private, that
will affect or impact upon the ancestral
domains and to receive just and fair
compensation for any damages which
they may sustain as a result of the project;
and the right to effective measures by the
government to prevent any interference
with, alienation and encroachment upon
these rights;
c) Right to Stay in the Territories. The
right to stay in the territory and not
to be removed therefrom. No ICCs/
IPs will be relocated without their
free and prior informed consent, nor
through any means other than eminent
domain. Where relocation is considered
necessary as an exceptional measure,
such relocation shall take place only with
the free and prior informed consent of
the ICCs/IPs concerned and whenever
possible, they shall be guaranteed
the right to return to their ancestral
domains, as soon as the grounds for
relocation cease to exist. When such
return is not possible, as determined
by agreement or through appropriate
procedures, ICCs/IPs shall be provided
in all possible cases with lands of quality
and legal status at least equal to that of
the land previously occupied by them,
suitable to provide for their present
needs and future development. Persons
thus relocated shall likewise be fully
compensated for any resulting loss or
injury;
d) Right in Case of Displacement. In
case displacement occurs as a result
of natural catastrophes, the State shall
endeavor to resettle the displaced ICCs/
IPs in suitable areas where they can
have temporary life support systems:
Provided, That the displaced ICCs/IPs
shall have the right to return to their
abandoned lands until such time that the
normalcy and safety of such lands shall
be determined: Provided, further, That
should their ancestral domain cease to
exist and normalcy and safety of the
previous settlements are not possible,
displaced ICCs/IPs shall enjoy security
of tenure over lands to which they have
been resettled: Provided furthermore,
That basic services and livelihood shall
be provided to them to ensure that their
needs are adequately addressed;
e) Right to Regulate Entry of Migrants.
Right to regulate the entry of migrant
settlers and organizations into the
domains;
f) Right to Safe and Clean Air and Water.
For this purpose, the ICCs/IPs shall
have access to integrated systems for the
management of their inland waters and air
space;
g) Right to Claim Parts of Reservations
The right to claim parts of the ancestral
domains which have been reserved for
various purposes, except those reserved
and intended for common and public
welfare and service; and
h) Right to Resolve Confict. Right to
resolve land conficts in accordance with
customary laws of the area where the land
is located, and only in default thereof shall
the complaints be submitted to amicable
settlement and to the Courts of Justice
whenever necessary.
Section 8. Rights to Ancestral Lands. The right of
ownership and possession of the ICCs /IPs
to their ancestral lands shall be recognized
and protected.
a) Right to transfer land/property. Such
right shall include the right to transfer land
or property rights to/among members of
the same ICCs/IPs, subject to customary
laws and traditions of the community
concerned.
b) Right to Redemption. In cases where it
is shown that the transfer of land/property
rights by virtue of any agreement or devise,
to a nonmember of the concerned ICCs/
IPs is tainted by the vitiated consent of
the ICCs/IPs, or is transferred for an
unconscionable consideration or price,
the transferor ICC/IP shall have the right
to redeem the same within a period not
exceeding ffteen (15) years from the date
of transfer.
Section 9. Responsibilities of ICCs/IPs to their` Ancestral
Domains. ICCs/IPs occupying a duly
certified ancestral domain shall have the
following responsibilities:
a) Maintain Ecological Balance. To preserve,
restore, and maintain a balanced ecology
in the ancestral domain by protecting the
fora and fauna, watershed areas, and other
reserves;
b) Restore Denuded Areas. To actively
initiate, undertake and participate in the
reforestation of denuded areas and other
development programs and projects subject
to just and reasonable remuneration; and
c) Observe Laws. To observe and comply
with the provisions of this Act and the
rules and regulations for its effective
implementation.
Section 10. Unauthorized and Unlawful Intrusion.
Unauthorized and unlawful intrusion upon,
or use of any portion of the ancestral domain,
or any violation of the rights herein before
enumerated, shall be punishable under this
law. Furthermore, the Government shall take
measures to prevent non-ICCs/IPs from
taking advantage of the ICCs/IPs customs
or lack of understanding of laws to secure
ownership, possession of land belonging to
said ICCs/IPs.
Section 11. Recognition of Ancestral Domain Rights. The
rights of ICCs/IPs to their ancestral domains
by virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited
by ICCs/ IPs concerned, shall be embodied in a
Certifcate of Ancestral Domain Title (CADT),
which shall recognize the title of the concerned
ICCs/IPs over the territories identifed and
delineated.
Section 12. Option to Secure Certifcate of Title Under
Commonwealth Act 141, as amended, or the Land
Registration Act 496. Individual members of
cultural communities, with respect to their
individually owned ancestral lands who, by
themselves or through their predecessors in
interest, have been in continuous possession
and occupation of the same in the concept of
owner since time immemorial or for a period
of not less than thirty (30) years immediately
preceding the approval of this Act and
uncontested by the members of the same
ICCs/ IPs shall have the option to secure title
to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the
Land Registration Act 496.
For this purpose, said individually owned
ancestral lands, which are agricultural in
character and actually used for agricultural,
residential, pasture, and tree farming
purposes, including those with a slope
of eighteen percent (18%) or more, are
hereby classifed as alienable and disposable
agricultural lands.
The option granted under this section shall
be exercised within twenty (20) years from
the approval of this Act.
CHAPTER IV:
RIGHT TO SELF-GOVERNANCE
AND EMPOWERMENT
Section 13. Self-Governance. The State recognizes
the inherent right of ICCs/IPs to self-
governance and self-determination and
respects the integrity of their values,
practices and institutions. Consequently, the
State shall guarantee the right of ICCs/IPs
to freely pursue their economic, social and
cultural development.
Section 14. Support for Autonomous Regions. The
State shall continue to strengthen and
support the autonomous regions created
under the Constitution as they may
require or need. The State shall likewise
encourage other ICCs/IPs not included
or outside Muslim Mindanao and the
Cordilleras to use the form and content
of their ways of life as may be compatible
with the fundamental rights defined in
the Constitution of the Republic of the
Philippines and other internationally
recognized human rights.
Section 15. Justice System, Conflict Resolution
Institutions, and Peace Building Processes.
The ICCs/IPs shall have the right to use
their own commonly accepted justice
systems, conflict resolution institutions,
peace building processes or mechanisms
and other customary laws and practices
within their respective communities and
as may be compatible with the national
legal system and with internationally
recognized human rights.
Section 16. Right to Participate in Decision Making ICCs/
IPs have the right to participate fully, if they
so choose, at all levels of decision making in
matters which may affect their rights, lives
and destinies through procedures determined
by them as well as to maintain and develop
their own indigenous political structures.
Consequently, the State shall ensure that
the ICCs/IPs shall be given mandatory
representation in policymaking bodies and
other local legislative councils.
Section 17. Right to Determine and Decide Priorities for
Development. The ICCs/IPs shall have the
right to determine and decide their own
priorities for development affecting their
lives, beliefs, institutions, spiritual wellbeing,
and the lands they own, occupy or use.
They shall participate in the formulation,
implementation and evaluation of policies,
plans and programs for national, regional
and local development which may directly
affect them.
Section 18. Tribal Barangays. The ICCs/IPs living in
contiguous areas or communities where they
form the predominant population but which
are located in municipalities, provinces
or cities where they do not constitute the
majority of the population, may form or
constitute a separate barangay in accordance
with the Local Government Code on the
creation of tribal barangays.
Section 19. Role of Peoples Organizations. The State
shall recognize and respect the role of
independent ICCs/IPs organizations to
enable the ICCs/IPs to pursue and protect
their legitimate and collective interests
and aspirations through peaceful and
lawful means.
Section 20. Means for Development/Empowerment of
ICCs/lPs. The Government shall establish
the means for the full development/
empowerment of the ICCs/IPs own
institutions and initiatives and, where
necessary, provide the resources needed
therefor.
CHAPTER V:
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 21. Equal Protection and Nondiscrimination of ICCs/
lPs. Consistent with the equal protection clause
of the Constitution of the Republic of the
Philippines, the Charter of the United Nations,
the Universal Declaration of Human Rights
including the Convention on the Elimination
of Discrimination Against Women and
International Human Rights Law, the State
shall, with due recognition of their distinct
characteristics and identity accord to the
members of the ICCs/IPs the rights, protections
and privileges enjoyed by the rest of the citizenry.
It shall extend to them the same employment
rights, opportunities, basic services, educational
and other rights and privileges available to every
member of the society. Accordingly, the State
shall likewise ensure that the employment of any
form of force or coercion against ICCs/IPs shall
be dealt with by law.
The State shall ensure that the fundamental
human rights and freedoms as enshrined in
the Constitution and relevant international
instruments are guaranteed also to indigenous
women. Towards this end, no provision in this
Act shall be interpreted so as to result in the
diminution of rights and privileges already
recognized and accorded to women under
existing laws of general application.
Section 22. Rights during Armed Confict. ICCs/IPs have the
right to special protection and security in periods
of armed confict. The State shall observe
international standards, in particular the Fourth
Geneva Convention of 1949, for the protection
of civilian populations in circumstances of
emergency and armed confict, and shall not
recruit members of the ICCs/IPs against their
will into the armed forces, and in particular, for
use against other ICCs/IPs; nor recruit children
of ICCs/ IPs into the armed forces under any
circumstance; nor force indigenous individuals
to abandon their lands, territories and means of
subsistence, or relocate them in special centers
for military purposes under any discriminatory
condition.
Section 23. Freedom from Discrimination and Right to Equal
Opportunity and Treatment. It shall be the right
of the ICCs/IPs to be free from any form of
discrimination, with respect to recruitment
and conditions of employment, such that they
may enjoy equal opportunities for admission to
employment, medical and social assistance, safety
as well as other occupationally related benefts,
informed of their rights under existing labor
legislation and of means available to them for
redress, not subject to any coercive recruitment
systems, including bonded labor and other
forms of debt servitude; and equal treatment in
employment for men and women, including
the protection from sexual harassment.
Towards this end, the State shall, within the
framework of national laws and regulations, and
in cooperation with the ICCs/IPs concerned,
adopt special measures to ensure the effective
protection with regard to the recruitment and
conditions of employment of persons belonging
to these communities, to the extent that they
are not effectively protected by laws applicable
to workers in general.
ICCs/IPs shall have the right to association
and freedom for all trade union activities and
the right to conclude collective bargaining
agreements with employers organizations.
They shall likewise have the right not to be
subject to working conditions hazardous to
their health, particularly through exposure
to pesticides and other toxic substances.
Section 24. Unlawful Acts Pertaining to Employment. It
shall be unlawful for any person:
a) To discriminate against any ICC/IP with
respect to the terms and conditions of
employment on account of their descent.
Equal remuneration shall be paid to ICC/
IP and nonICC/IP for work of equal
value; and
b) To deny any ICC/IP employee any
right or beneft herein provided for or
to discharge them for the purpose of
preventing them from enjoying any of
the rights or benefts provided under this
Act.
Section 25. Basic Services. The ICCs/IPs have the right to
special measures for the immediate, effective
and continuing improvement of their economic
and social conditions, including in the areas of
employment, vocational training and retraining,
housing, sanitation, health and social security.
Particular attention shall be paid to the rights
and special needs of indigenous women, elderly,
youth, children and differently-abled persons.
Accordingly, the State shall guarantee the right
of ICCs/IPs to governments basic services
which shall include, but not limited to, water
and electrical facilities, education, health and
infrastructure.
Section 26. Women. ICC/IP women shall enjoy equal
rights and opportunities with men, as
regards the social, economic, political and
cultural spheres of life. The participation
of indigenous women in the decision-
making process in all levels, as well as in the
development of society, shall be given due
respect and recognition.
The State shall provide full access to education,
maternal and child care, health and nutrition,
and housing services to indigenous women.
Vocational, technical, professional and other
forms of training shall be provided to enable
these women to fully participate in all aspects
of social life. As far as possible, the State shall
ensure that indigenous women have access to
all services in their own languages.
Section 27. Children and Youth. The State shall recognize
the vital role of the children and youth
of ICCs/IPs in nationbuilding and shall
promote and protect their physical, moral,
spiritual, intellectual and social wellbeing.
Towards this end, the State shall support
all government programs intended for the
development and rearing of the children
and youth of ICCs/IPs for civic effciency
and establish such mechanisms as may be
necessary for the protection of the rights of
the indigenous children and youth.
Section 28. Integrated System of Education. The State
shall, through the NCIP, provide a complete,
adequate and integrated system of education,
relevant to the needs of the children and
young people of ICCs/ IPs.
CHAPTER VI: CULTURAL INTEGRITY
Section 29. Protection of Indigenous Culture, Traditions and
Institutions. The State shall respect, recognize
and protect the right of ICCs/IPs to preserve
and protect their culture, traditions and
institutions. It shall consider these rights in
the formulation and application of national
plans and policies.
Section 30. Educational Systems. The State shall provide
equal access to various cultural opportunities
to the ICCs/IPs through the educational
system, public or private cultural entities,
scholarships, grants and other incentives
without prejudice to their right to establish
and control their educational systems and
institutions by providing education in their
own language, in a manner appropriate
to their cultural methods of teaching and
learning. Indigenous children/youth shall
have the right to all levels and forms of
education of the State.
Section 31. Recognition of Cultural Diversity. The State
shall endeavor to have the dignity and
diversity of the cultures, traditions, histories
and aspirations of the ICCs/IPs appropriately
refected in all forms of education, public
information and cultural-educational
exchange. Consequently, the State shall
take effective measures, in consultation
with ICCs/IPs concerned, to eliminate
prejudice and discrimination and to
promote tolerance, understanding and good
relations among ICCs/IPs and all segments
of society. Furthermore, the Government
shall take effective measures to ensure that
State-owned media duly refect indigenous
cultural diversity. The State shall likewise
ensure the participation of appropriate
indigenous leaders in schools, communities
and international cooperative undertakings
like festivals, conferences, seminars and
workshops to promote and enhance their
distinctive heritage and values.
Section 32. Community Intellectual Rights. ICCs/IPs have
the right to practice and revitalize their own
cultural traditions and customs. The State
shall preserve, protect and develop the past,
present and future manifestations of their
cultures as well as the right to the restitution
of cultural, intellectual, religious, and
spiritual property taken without their free
and prior informed consent or in violation of
their laws, traditions and customs.
Section 33. Rights to Religious, Cultural Sites and
Ceremonies. ICCs/IPs shall have the right
to manifest, practice, develop and teach their
spiritual and religious traditions, customs
and ceremonies; the right to maintain,
protect and have access to their religious and
cultural sites; the right to use and control
of ceremonial objects; and, the right to the
repatriation of human remains. Accordingly,
the State shall take effective measures, in
cooperation with the ICCs/IPs concerned
to ensure that indigenous sacred places,
including burial sites, be preserved, respected
and protected. To achieve this purpose, it
shall be unlawful to:
a) Explore, excavate or make diggings on
archeological sites of the ICCs/IPs for
the purpose of obtaining materials of
cultural values without the free and prior
informed consent of the community
concerned; and
b) Deface, remove or otherwise destroy
artifacts which are of great importance
to the ICCs/IPs for the preservation of
their cultural heritage.
Section 34. Right to Indigenous Knowledge Systems and
Practices and to Develop own Sciences and
Technologies. ICCs/IPs are entitled to the
recognition of the full ownership and
control and protection of their cultural
and intellectual rights. They shall have the
right to special measures to control, develop
and protect their sciences, technologies
and cultural manifestations, including
human and other genetic resources, seeds,
including derivatives of these resources,
traditional medicines and hearth practices,
vital medicinal plants, animals and minerals,
indigenous knowledge systems and practices,
knowledge of the properties of fauna and
fora, oral traditions, literature, designs, and
visual and performing arts.
Section 35. Access to Biological and Genetic Resources.
Access to biological and genetic resources
and to indigenous knowledge related to the
conservation, utilization and enhancement
of these resources, shall be allowed within
ancestral lands and domains of the ICCs/IPs
only with a free and prior informed consent
of such communities, obtained in accordance
with customary laws of the concerned
community.
Section 36. Sustainable Agro-Technical Development. The
State shall recognize the right of ICCs/IPs to
a sustainable agro-technological development
and shall formulate and implement programs
of action for its effective implementation. The
State shall likewise promote the bio-genetic and
resource management systems among the ICCs/
IPs and shall encourage cooperation among
government agencies to ensure the successful
sustainable development of ICCs/IPs.
Section 37. Funds for Archeological and Historical Sites.
The ICCs/ IPs shall have the right to
receive from the national government all
funds especially earmarked or allocated for
the management and preservation of their
archeological and historical sites and artifacts
with the fnancial and technical support of
the national government agencies.
CHAPTER VII: NATIONAL COMMISSION
ON INDIGENOUS PEOPLES (NCIP)
Section 38. National Commission on Indigenous Cultural
Communities/lndigenous Peoples (NCIP). To
carry out the policies herein set forth, there
shall be created the National Commission
on ICCs/ IPs (NCIP), which shall be the
primary government agency responsible
for the formulation and implementation of
policies, plans and programs to promote
and protect the rights and wellbeing of
the ICCs/IPs and the recognition of their
ancestral domains as well as their rights
thereto.
Section 39. Mandate. The NCIP shall protect and
promote the interest and wellbeing of the
ICCs/IPs with due regard to their beliefs,
customs, traditions and institutions.
Section 40. Composition. The NCIP shall be an independent
agency under the Offce of the President and
shall be composed of seven (7) Commissioners
belonging to ICCs/IPs, one (1) of whom shall
be the Chairperson. The Commissioners
shall be appointed by the President of the
Philippines from a list of recommenders
submitted by authentic ICCs/ IPs: Provided,
That the seven (7) Commissioners shall
be appointed specifcally from each of the
following ethnographic areas: Region I and
the Cordilleras, Region II, the rest of Luzon,
Island Groups including Mindoro, Palawan,
Romblon, Panay and the rest of the Visayas;
Northern and Western Mindanao; Southern
and Eastern Mindanao; and Central Mindanao:
Provided, That at least two (2) of the seven(7)
Commissioners shall be women.
Section 41. Qualifcations, Tenure, Compensation. The
Chairperson and the six (6) Commissioners
must be natural born Filipino citizens,
bonafde members of ICCs/IPs as certifed
by his/her tribe, experienced in ethnic affairs
and who have worked for at least ten (10)
years with an ICC/IP community and/or any
government agency involved in ICC/IP, at
least 35 years of age at the time of appointment,
and must be of proven honesty and integrity:
Provided, That at least two (2) of the
seven (7) Commissioners shall be members
of the Philippine Bar: Provided, further,
the members of the NCIP shall hold offce
for a period of three (3) years, and may be
subject to reappointment for another term:
Provided, furthermore, That no person
shall serve for more than two (2) terms.
Appointment to any vacancy shall only be for
the unexpired term of the predecessor and
in no case shall a member be appointed or
designated in a temporary or acting capacity:
Provided, fnally, That the Chairperson
and the Commissioners shall be entitled to
compensation in accordance with the Salary
Standardization Law.
Section 42. Removal from offce. Any member of the
NCIP may be removed from offce by
the President, on his own initiative or
upon recommendation by any indigenous
community, before the expiration of his
term for cause and after complying with due
process requirement of law.
Section 43. Appointment of Commissioners. The President
shall appoint the seven (7) Commissioners of
the NCIP within ninety (90) days from the
effectivity of this Act.
Section 44. Powers and Functions. To accomplish its
mandate, the NCIP shall have the following
powers, jurisdiction and function:
a) To serve as the primary government
agency through which ICCs/IPs can seek
government assistance and as the medium,
through which such assistance may be
extended;
b) To review and assess the conditions of
ICCs/IPs including existing laws and
policies pertinent thereto and to propose
relevant laws and policies to address their
role in national development;
c) To formulate and implement policies,
plans, programs and projects for the
economic, social and cultural development
of the ICCs/IPs and to monitor the
implementation thereof;
d) To request and engage the services and
support of experts from other agencies
of government or employ private experts
and consultants as may be required in the
pursuit of its objectives;
e) To issue certifcate of ancestral land/
domain title;
f) Subject to existing laws, to enter into
contracts, agreements, or arrangement,
with government or private agencies or
entities as may be necessary to attain the
objectives of this Act, and subject to the
approval of the President, to obtain loans
from government lending institutions and
other lending institutions to fnance its
programs;
g) To negotiate for funds and to accept
grants, donations, gifts and/or properties
in whatever form and from whatever
source, local and international, subject
to the approval of the President of the
Philippines, for the beneft of ICCs/IPs
and administer the same in accordance
with the terms thereof; or in the absence of
any condition, in such manner consistent
with the interest of ICCs/IPs as well as
existing laws;
h) To coordinate development programs
and projects for the advancement of
the ICCs/IPs and to oversee the proper
implementation thereof;
i) To convene periodic conventions or
assemblies of IPs to review, assess as well
as propose policies or plans;
j) To advise the President of the Philippines
on all matters relating to the ICCs/IPs
and to submit within sixty (60) days after
the close of each calendar year, a report of
its operations and achievements;
k) To submit to Congress appropriate
legislative proposals intended to carry out
the policies under this Act;
1) To prepare and submit the appropriate
budget to the Offce of the President;
m) To issue appropriate certifcation as a
precondition to the grant of permit, lease,
grant, or any other similar authority for the
disposition, utilization, management and
appropriation by any private individual,
corporate entity or any government agency,
corporation or subdivision thereof on any
part or portion of the ancestral domain
taking into consideration the consensus
approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions
and acts of all the various offces within
the Commission;
o) To promulgate the necessary rules and
regulations for the implementation of this
Act;
p) To exercise such other powers and functions
as may be directed by the President of the
Republic of the Philippines; and
q) To represent the Philippine ICCs/IPs in all
international conferences and conventions
dealing with indigenous peoples and other
related concerns.
Section 45. Accessibility and Transparency. Subject to such
limitations as may be provided by law or by
rules and regulations promulgated pursuant
thereto, all offcial records, documents and
papers pertaining to offcial acts, transactions or
decisions, as well as research data used as basis
for policy development of the Commission
shall be made accessible to the public.
Section 46. Offces within the NCIP. The NCIP shall
have the following offces which shall be
responsible for the implementation of the
policies hereinafter provided:
a) Ancestral Domains Offce - The Ancestral
Domain Offce shall be responsible for the
identifcation, delineation and recognition
of ancestral lands/domains. It shall also be
responsible for the management of ancestral
lands/domains in accordance with a master
plan as well as the implementation of the
ancestral domain rights of the ICCs/IPs as
provided in Chapter III of this Act. It shall
also issue, upon the free and prior informed
consent of the ICCs/IPs concerned,
certifcation prior to the grant of any license,
lease or permit for the exploitation of natural
resources affecting the interests of ICCs/
IPs or their ancestral domains and to assist
the ICCs/IPs in protecting the territorial
integrity of all ancestral domains. It shall
likewise perform such other functions as
the Commission may deem appropriate and
necessary;
b) Offce on Policy, Planning and Research
- The Offce on Policy, Planning and
Research shall be responsible for the
formulation of appropriate policies and
programs for ICCs/IPs such as, but not
limited to, the development of a Five Year
Master Plan for the lCCs/IPs. Such plan
shall undergo a process such that every fve
years, the Commission shall endeavor to
assess the plan and make ramifcations in
accordance with the changing situations.
The Offce shall also undertake the
documentation of customary law and
shall establish and maintain a Research
Center that would serve as a depository of
ethnographic information for monitoring,
evaluation and policy formulation. It shall
assist the legislative branch of the national
government in the formulation of appropriate
legislation benefting ICCs/IPs;
c) Offce of Education, Culture and Health
- The Offce on Culture, Education and
Health shall be responsible for the effective
implementation of the education, cultural
and related rights as provided in this Act. It
shall assist, promote and support community
schools, both formal and nonformal, for the
beneft of the local indigenous community,
especially in areas where existing educational
facilities are not accessible to members of
the indigenous group. It shall administer all
scholarship programs and other educational
rights intended for ICC/IP benefciaries
in coordination with the Department of
Education, Culture and Sports and the
Commission on Higher Education. It shall
undertake, within the limits of available
appropriation, a special program which
includes language and vocational training,
public health and family assistance program
and rented subjects.
It shall also identify ICCs/IPs with
potential training in the health
profession and encourage and assist
them to enroll in schools of medicine,
nursing, physical therapy and other
allied courses pertaining to the health
profession.
Towards this end, the NCIP shall deploy
a representative in each of the said offces
who shall personally perform the foregoing
task and who shall receive complaints from
the ICCs/IPs and compel action from
appropriate agency. It shall also monitor
the activities of the National Museum
and other similar government agencies
generally intended to manage and preserve
historical and archeological artifacts of the
ICCs/IPs and shall be responsible for the
implementation of such other functions
as the NCIP may deem appropriate and
necessary;
d) Offce on SocioEconomic Services and
Special Concerns - The Offce on Socio-
Economic Services and Special Concerns
shall serve as the Offce through which
the NCIP shall coordinate with pertinent
government agencies specially charged
with the implementation of various basic
socioeconomic services, policies, plans
and programs affecting the ICCs/IPs to
ensure that the same are properly and
directly enjoyed by them. It shall also
be responsible for such other functions
as the NCIP may deem appropriate and
necessary;
e) Office of Empowerment and Human
Rights - The Office of Empowerment
and Human Rights shall ensure that
indigenous sociopolitical, cultural and
economic rights are respected and
recognized. It shall ensure that capacity
building mechanisms are instituted and
ICCs/IPs are afforded every opportunity,
if they so choose, to participate in
all levels of decisionmaking. It shall
likewise ensure that the basic human
rights, and such other rights as the NCIP
may determine, subject to existing laws,
rules and regulations, are protected and
promoted;
f) Administrative Offce - The Administrative
Offce shall provide the NCIP with
economical, effcient and effective services
pertaining to personnel, fnance, records,
equipment, security, supplies and related
services. It shall also administer the Ancestral
Domains Fund; and
g) Legal Affairs Offce - There shall be a Legal
Affairs Offce which shall advice the NCIP
on all legal matters concerning ICCs/
IPs and which shall be responsible for
providing ICCs/IPs with legal assistance
in litigation involving community interest.
It shall conduct preliminary investigation
on the basis of complaints fled by the
ICCs/IPs against a natural or juridical
person believed to have violated ICCs/
UPs rights. On the basis of its fndings, it
shall initiate the fling of appropriate legal
or administrative action to the NCIP.
Section 47. Other Offces. The NCIP shall have the
power to create additional offces as it may
deem necessary subject to existing rules and
regulations.
Section 48. Regional and Field Offces. Existing regional
and feld offces shall remain to function
under the strengthened organizational
structure of the NCIP. Other feld offces
shall be created wherever appropriate and the
staffng pattern thereof shall be determined
by the NCIP: Provided, That in provinces
where there are ICCs/IPs but without feld
offces, the NCIP shall establish feld offces
in said provinces.
Section 49. Offce of the Executive Director. The NCIP
shall create the Offce of the Executive
Director which shall serve as its secretariat.
The office shall be headed by an
Executive Director who shall be appointed
by the President of the Republic of the
Philippines upon recommendation of the
NCIP on a permanent basis. The staffing
pattern of the office shall be determined
by the NCIP subject to existing rules and
regulations.
Section 50. Consultative Body. A body consisting of the
traditional leaders, elders and representatives
from the women and youth sectors of the
different ICCs/IPs shall be constituted by
the NCIP from time to time to advise it on
matters relating to the problems, aspirations
and interests of the ICCs/IPs.
CHAPTER VIII: DELINEATION AND
RECOGNITION OF ANCESTRAL DOMAINS
Section 51. Delineation and Recognition of Ancestral
Domains. Self-delineation shall be the
guiding principle in the identifcation and
delineation of ancestral domains. As such,
the ICCs/IPs concerned shall have a decisive
role in all the activities pertinent thereto.
The Sworn Statement of the Elders as to the
scope of the territories and agreements/ pacts
made with neighboring ICCs/IPs, if any, will
be essential to the determination of these
traditional territories. The Government
shall take the necessary steps to identify lands
which the ICCs/IPs concerned traditionally
occupy and guarantee effective protection
of their rights of ownership and possession
thereto. Measures shall be taken in
appropriate cases to safeguard the right
of the ICCs/IPs concerned to land which
may no longer be exclusively occupied by
them, but to which they have traditionally
had access for their subsistence and
traditional activities, particularly of ICCs/
IPs who are still nomadic and/or shifting
cultivators.
Section 52. Delineation Process. The identifcation and
delineation of ancestral domains shall be
done in accordance with the following
procedures:
a) Ancestral Domains Delineated Prior to
this Act - The provisions hereunder shall
not apply to ancestral domains/lands
already delineated according to DENR
Administrative Order No. 2, series of
1993, nor to ancestral lands and domains
delineated under any other community/
ancestral domain program prior to the
enactment of this law. ICCs/IPs whose
ancestral lands/domains were offcially
delineated prior to the enactment of
this law shall have the right to apply for
the issuance of a Certifcate of Ancestral
Domain Title (CADT) over the area
without going through the process
outlined hereunder;
b) Petition for Delineation - The process of
delineating a specifc perimeter may be
initiated by the NCIP with the consent
of the ICC/IP concerned, or through a
Petition for Delineation fled with the
NCIP, by a majority of the members of
the ICCs/IPs;
c) Delineation Proper - The offcial delineation
of ancestral domain boundaries including
census of all community members therein,
shall be immediately undertaken by the
Ancestral Domains Offce upon fling of
the application by the ICCs/IPs concerned.
Delineation will be done in coordination
with the community concerned and shall
at all times include genuine involvement
and participation by the members of the
communities concerned;
d) Proof Required - Proof of Ancestral Domain
Claims shall include the testimony of
elders or community under oath, and
other documents directly or indirectly
attesting to the possession or occupation
of the area since time immemorial by such
ICCs/IPs in the concept of owners which
shall be any one ( I ) of the following
authentic documents:
1) Written accounts of the ICCs/IPs
customs and traditions;
2) Written accounts of the ICCs/IPs
political structure and institution;
3) Pictures showing long term occupation
such as those of old improvements,
burial grounds, sacred places and old
villages;
4) Historical accounts, including pacts and
agreements concerning boundaries
entered into by the ICCs/IPs
concerned with other ICCs/lPs;
5) Survey plans and sketch maps;
6) Anthropological data;
7) Genealogical surveys;
8) Pictures and descriptive histories of
traditional communal forests and
hunting grounds;
9) Pictures and descriptive histories
of traditional landmarks such as
mountains, rivers, creeks, ridges, hills,
terraces and the like; and
10) Write-ups of names and places
derived from the native dialect of
the community.
e) Preparation of Maps. - On the basis of such
investigation and the findings of fact
based thereon, the Ancestral Domains
Offce shall prepare a perimeter map,
complete with technical descriptions, and
a description of the natural features and
landmarks embraced therein;
f) Report of Investigation and Other
Documents - A complete copy of the
preliminary census and a report of
investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
g) Notice and Publication - A copy of each
document, including a translation in the
native language of the ICCs/IPs concerned
shall be posted in a prominent place
therein for at least ffteen ( 15) days. A
copy of the document shall also be posted
at the local, provincial and regional offces
of the NCIP, and shall be published in a
newspaper of general circulation once a
week for two (2) consecutive weeks to allow
other claimants to fle opposition thereto
within ffteen (15) days from date of such
publication: Provided, That in areas where
no such newspaper exists, broadcasting in
a radio station will be a valid substitute:
Provided, further, That mere posting shall
be deemed suffcient if both newspaper
and radio station are not available;
h) Endorsement to NCIP - Within ffteen
(15) days from publication, and of the
inspection process, the Ancestral Domains
Offce shall prepare a report to the NCIP
endorsing a favorable action upon a
claim that is deemed to have sufficient
proof. However, if the proof is deemed
insufficient, the Ancestral Domains
Offce shall require the submission of
additional evidence: Provided, That
the Ancestral Domains Offce shall
reject any claim that is deemed patently
false or fraudulent after inspection and
verifcation: Provided, further, That in
case of rejection, the Ancestral Domains
Offce shall give the applicant due notice,
copy furnished all concerned, containing
the grounds for denial. The denial shall
be appealable to the NCIP: Provided,
furthermore, That in cases where there
are conficting claims among ICCs/IPs
on the boundaries of ancestral domain
claims, the Ancestral Domains Offce
shall cause the contending parties to
meet and assist them in coming up with
a preliminary resolution of the confict,
without prejudice to its full adjudication
according to the section below.
i) Turnover of Areas Within Ancestral
Domains Managed by Other Government
Agencies - The Chairperson of the
NCIP shall certify that the area covered
is an ancestral domain. The secretaries
of the Department of Agrarian Reform,
Department of Environment and Natural
Resources, Department of the Interior
and Local Government, and Department
of Justice, the Commissioner of the
National Development Corporation,
and any other government agency
claiming jurisdiction over the area shall
be notifed thereof. Such notifcation
shall terminate any legal basis for the
jurisdiction previously claimed;
j) Issuance of CADT - ICCs/IPs whose
ancestral domains have been officially
delineated and determined by the NCIP
shall be issued a CADT in the name of
the community concerned, containing a
list of all those identified in the census;
and
k) Registration of CADTs - The NCIP
shall register issued certifcates of ancestral
domain titles and certifcates of ancestral
lands tides before the Register of Deeds in
the place where the property is situated.
Section 53 Identifcation, Delineation and Certifcation of
Ancestral Lands
a) The allocation of lands within any
ancestral domain to individual or
indigenous corporate (family or clan)
claimants shall be left to the ICCs/IPs
concerned to decide in accordance with
customs and traditions;
b) Individual and indigenous corporate
claimants of ancestral lands which are
not within ancestral domains, may have
their claims officially established by
filing applications for the identification
and delineation of their claims with
the Ancestral Domains Office. An
individual or recognized head of a
family or clan may file such application
in his behalf or in behalf of his family or
clan, respectively;
c) Proofs of such claims shall accompany
the application form which shall include
the testimony under oath of elders of the
community and other documents directly
or indirectly attesting to the possession
or occupation of the areas since time
immemorial by the individual or corporate
claimants in the concept of owners which
shall be any of the authentic documents
enumerated under Sec. 52 (d) of this Act,
including tax declarations and proofs of
payment of taxes;
d) The Ancestral Domains Offce may
require from each ancestral claimant the
submission of such other documents,
Sworn Statements and the like, which in
its opinion, may shed light on the veracity
of the contents of the application/claim;
e) Upon receipt of the applications for
delineation and recognition of ancestral land
claims, the Ancestral Domains Offce
shall cause the publication of the application
and a copy of each document submitted
including a translation in the native language
of the ICCs/IPs concerned in a prominent
place therein for at least ffteen (15) days. A
copy of the document shall also be posted
at the local, provincial, and regional
offces of the NCIP and shall be published
in a newspaper of general circulation once
a week for two (2) consecutive weeks to
allow other claimants to fle opposition
thereto within ffteen (15) days from the
date of such publication: Provided, That
in areas where no such newspaper exists,
broadcasting in a radio station will be a
valid substitute: Provided, further, That
mere posting shall be deemed suffcient if
both newspapers and radio station are not
available;
f) Fifteen (15) days after such publication,
the Ancestral Domains Offce shall
investigate and inspect each application,
and if found to be meritorious, shall
cause a parcellary survey of the area being
claimed. The Ancestral Domains Offce
shall reject any claim that is deemed
patently false or fraudulent after inspection
and verifcation. In case of rejection, the
Ancestral Domains Offce shall give the
applicant due notice, copy furnished all
concerned, containing the grounds for
denial. The denial shall be appealable to
the NCIP. In case of conficting claims
among individual or indigenous corporate
claimants, the Ancestral Domains Offce
shall cause the contending parties to
meet and assist them in coming up with
a preliminary resolution of the confict,
without prejudice to its full adjudication
according to Sec. 62 of this Act. In all
proceedings for the identifcation or
delineation of the ancestral domains as
herein provided, the Director of Lands
shall represent the interest of the Republic
of the Philippines; and
g) The Ancestral Domains Office shall
prepare and submit a report on each and
every application surveyed and delineated
to the NCIP, which shall, in turn, evaluate
the report submitted. If the NCIP fnds
such claim meritorious, it shall issue a
certifcate of ancestral land, declaring and
certifying the claim of each individual or
corporate (family or clan) claimant over
ancestral lands.
Section 54. Fraudulent Claims. The Ancestral Domains
Offce may, upon written request from the
ICCs/lPs, review existing claims which have
been fraudulently acquired by any person
or community. Any claim found to be
fraudulently acquired by, and issued to, any
person or community may be cancelled by
the NCIP after due notice and hearing of all
parties concerned.
Section 55. Communal Rights. Subject to Section 56
hereof, areas within the ancestral domains,
whether delineated or not, shall be presumed
to be communally held: Provided, That
communal rights under this Act shall not be
construed as co-ownership as provided in
Republic Act. No. 386, otherwise known as
the New Civil Code.
Section 56. Existing Property Rights Regimes. Property
rights within the ancestral domains already
existing and/or vested upon effectivity of this
Act, shall be recognized and respected.
Section 57. Natural Resources within Ancestral Domains.
The ICCs/ IPs shall have priority rights in
the harvesting, extraction, development or
exploitation of any natural resources within
the ancestral domains. A nonmember of
the ICCs/IPs concerned may be allowed
to take part in the development and
utilization of the natural resources for
a period of not exceeding twentyfive
(25) years renewable for not more than
twentyfive (25) years: Provided, That a
formal and written agreement is entered
into with the ICCs/IPs concerned or
that the community, pursuant to its own
decision making process, has agreed to
allow such operation: Provided, finally,
That the NCIP may exercise visitorial
powers and take appropriate action to
safeguard the rights of the ICCs/IPs under
the same contract.
Section 58. Environmental Considerations. Ancestral
domains or portions thereof, which
are found to be necessary for critical
watersheds, mangroves, wildlife sanctuaries,
wilderness, protected areas, forest cover, or
reforestation as determined by appropriate
agencies with the full participation of the
ICCs/IPs concerned shall be maintained,
managed and developed for such purposes.
The ICCs/IPs concerned shall be given
the responsibility to maintain, develop,
protect and conserve such areas with the
full and effective assistance of government
agencies. Should the ICCs/IPs decide to
transfer the responsibility over the areas,
said decision must be made in writing. The
consent of the ICCs/IPs should be arrived
at in accordance with its customary laws
without prejudice to the basic requirements
of existing laws on free and prior informed
consent: Provided, That the transfer
shall be temporary and will ultimately
revert to the ICCs/IPs in accordance
with a program for technology transfer:
Provided, further, That no ICCs/IPs shall
be displaced or relocated for the purpose
enumerated under this section without
the written consent of the specific persons
authorized to give consent.
Section 59. Certification Precondition. All departments
and other governmental agencies shall
henceforth be strictly enjoined from
issuing, renewing, or granting any
concession, license or lease, or entering
into any production-sharing agreement,
without prior certification from the
NCIP that the area affected does not
overlap with any ancestral domain. Such
certification shall only be issued after a
field-based investigation is conducted
by the Ancestral Domains Office of
the area concerned: Provided, That no
certification shall be issued by the NCIP
without the free and prior informed and
written consent of ICCs/IPs concerned:
Provided, further, That no department,
government agency or government owned
or controlled corporation may issue new
concession, license, lease, or production
sharing agreement while there is a pending
application for a CADT: Provided, finally,
That the ICCs/IPs shall have the right to
stop or suspend, in accordance with this
Act, any project that has not satisfied the
requirement of this consultation process.
Section 60. Exemption from Taxes. All lands certifed to
be ancestral domains shall be exempt from
real property taxes, special levies, and other
forms of exaction except such portion of the
ancestral domains as are actually used for
largescale agriculture, commercial forest
plantation and residential purposes or
upon titling by private persons: Provided,
That all exactions shall be used to facilitate
the development and improvement of the
ancestral domains.
Section 61. Temporary Requisition Powers. Prior to the
establishment of an institutional surveying
capacity whereby it can effectively fulfll its
mandate, but in no case beyond three (3)
years after its creation, the NCIP is hereby
authorized to request the Department
of Environment and Natural Resources
(DENR) survey teams as well as other equally
capable private survey teams, through a
Memorandum of Agreement (MOA), to
delineate ancestral domain perimeters. The
DENR Secretary shall accommodate any
such request within one ( I ) month of its
issuance: Provided, That the Memorandum
of Agreement shall stipulate, among others,
a provision for technology transfer to the
NCIP.
Section 62. Resolution of Conflicts. In cases of conflicting
interest, where there are adverse claims
within the ancestral domains as delineated
in the survey plan, and which can not be
resolved, the NCIP shall hear and decide,
after notice to the proper parties, the
disputes arising from the delineation of
such ancestral domains: Provided, That if
the dispute is between and/or among ICCs/
IPs regarding the traditional boundaries
of their respective ancestral domains,
customary process shall be followed. The
NCIP shall promulgate the necessary
rules and regulations to carry out its
adjudicatory functions: Provided, further,
That any decision, order, award or ruling
of the NCIP on any ancestral domain
dispute or on any matter pertaining to the
application, implementation, enforcement
and interpretation of this Act may be
brought for Petition for Review to the
Court of Appeals within fifteen( 15) days
from receipt of a copy thereof
Section 63. Applicable Laws. Customary laws, traditions
and practices of the ICCs/IPs of the land
where the confict arises shall be applied
frst with respect to property rights, claims
and ownerships, hereditary succession
and settlement of land disputes. Any
doubt or ambiguity in the application and
interpretation of laws shall be resolved in
favor of the ICCs/IPs.
Section 64. Remedial Measures. Expropriation may be
resorted to in the resolution of conflicts
of interest following the principle of
the common good. The NCIP shall
take appropriate legal action for the
cancellation of officially documented titles
which were acquired illegally: Provided,
That such procedure shall ensure that the
rights of possessors in good faith shall
be respected: Provided further, That the
action for cancellation shall be initiated
within two (2) years from the effectivity of
this Act: Provided, finally, that the action
for reconveyance shall be within a period
of ten ( 10) years in accordance with
existing laws.
CHAPTER IX:
JURISDICTION AND PROCEDURES FOR
ENFORCEMENT OF RIGHTS
Section 65. Primacy of Customary Laws and Practices.
When disputes involve ICCs/IPs, customary
laws and practices shall be used to resolve the
dispute.
Section 66. Jurisdiction of the NClP. The NCIP, through its
regional offces, shall have jurisdiction over all
claims and disputes involving rights of ICCs/
IPs: Provided, however, That no such dispute
shall be brought to the NCIP unless the
parties have exhausted all remedies provided
under their customary laws. For this purpose,
a certifcation shall be issued by the Council of
Elders/Leaders who participated in the attempt
to settle the dispute that the same has not been
resolved, which certifcation shall be a condition
precedent to the fling of a petition with the
NCIP.
Section 67. Appeals to the Court of Appeals. Decisions of
the NCIP shall be appealable to the Court of
Appeals by way of a petition for review.
Section 68. Execution of Decisions, Awards Orders.
Upon expiration of the period herein
provided and no appeal is perfected
by any of the contending parties, the
Hearing Officer of the NCIP, on its
own initiative or upon motion by the
prevailing party, shall issue a writ of
execution requiring the sheriff or the
proper officer to execute final decisions,
orders or awards of the Regional Hearing
Officer of the NCIP.
Section 69. Quasi-Judicial Powers of the NClP. The NCIP
shall have the power and authority:
a) To promulgate rules and regulations
governing the hearing and disposition
of cases fled before it as well as those
pertaining to its internal functions and
such rules and regulations as may be
necessary to carry out the purposes of this
Act;
b) To administer oaths, summon the parties to a
controversy, issue subpoenas requiring
the attendance and testimony of witnesses
or the production of such books, papers,
contracts, records, agreements and other
document of similar nature as may be
material to a just determination of the
matter under investigation or hearing
conducted in pursuance of this Act;
c) To hold any person in contempt, directly
or indirectly, and impose appropriate
penalties therefor; and
d) To enjoin any or all acts involving or
arising from any case pending before it
which, if not restrained forthwith, may
cause grave or irreparable damage to any
of the parties to the case or seriously affect
social or economic activity.
Section 70. No Restraining Order or Preliminary Injunction.
No inferior court of the Philippines shall have
jurisdiction to issue any restraining order
or writ of preliminary injunction against
the NCIP or any of its duly authorized or
designated offces in any case, dispute or
controversy arising from, necessary to, or
interpretation of this Act and other pertinent
laws relating to ICCs/IPs and ancestral
domains.
CHAPTER X:
ANCESTRAL DOMAINS FUND
Section 71. Ancestral Domains Fund. There is hereby
created a special fund, to be known
as the Ancestral Domains Fund, an
initial amount of One hundred thirty
million pesos (P130,000,000) to cover
compensation for expropriated lands,
delineation and development of ancestral
domains. An amount of Fifty million pesos
(P50,000,000) shall be sourced from the
gross income of the Philippine Charity
Sweepstakes Office (PCSO) from its lotto
operation, Ten million pesos (P10,000,000)
from the gross receipts of the travel tax of
the preceding year, the fund of the Social
Reform Council intended for survey and
delineation of ancestral lands/domains,
and such other source as the government
may deem appropriate. Thereafter, such
amount shall be included in the annual
General Appropriations Act. Foreign as
well as local funds which are made available
for the ICCs/lPs through the government
of the Philippines shall be coursed
through the NCIP. The NCIP may also
solicit and receive donations, endowments
and grants in the form of contributions,
and such endowments shall be exempted
from income or gift taxes and all other
taxes, charges or fees imposed by the
government or any political subdivision or
instrumentality thereof.
CHAPTER XI: PENALTIES
Section 72. Punishable Acts and Applicable Penalties.
Any person who commits violation of
any of the provisions of this Act, such
as, but not limited to, unauthorized
and/or unlawful intrusion upon any
ancestral lands or domains as stated in
Sec. 10, Chapter III, or shall commit
any of the prohibited acts mentioned in
Sections 21 and 24, Chapter V, Section
33, Chapter VI hereof, shall be punished
in accordance with the customary laws
of the ICCs/IPs concerned: Provided,
That no such penalty shall be cruel,
degrading or inhuman punishment:
Provided, further, That neither shall
the death penalty or excessive fines
be imposed. This provision shall be
without prejudice to the right of any
ICCs/IPs to avail of the protection of
existing laws. In which case, any person
who violates any provision of this Act
shall, upon conviction, be punished by
imprisonment of not less than nine (9)
months but not more than twelve (12)
years or a fine of not less than One
hundred thousand pesos (P100,000)
nor more than Five hundred thousand
pesos (P500,000) or both such fine and
imprisonment upon the discretion of the
court. In addition, he shall be obliged to
pay to the ICCs/IPs concerned whatever
damage may have been suffered by the
latter as a consequence of the unlawful
act.
Section 73. Persons Subject to Punishment. If the
offender is a juridical person, all officers
such as, but not limited to, its president,
manager, or head of office responsible for
their unlawful act shall be criminally liable
therefor, in addition to the cancellation of
certificates of their registration and/or
license: Provided, That if the offender is
a public official, the penalty shall include
perpetual disqualification to hold public
office.
CHAPTER XII:
MERGER OF THE OFFICE FOR NORTHERN
CULTURAL COMMUNITIES (ONCC) AND
THE OFFICE FOR SOUTHERN CULTURAL
COMMUNIONS (OSCC)
Section 74. Merger of ONCC/OSCC. The Offce for
Northern Cultural Communities (ONCC) and
the Offce of Southern Cultural Communities
(OSCC), created under Executive Order
Nos. 122B and 122C respectively, are hereby
merged as organic offces of the NCIP and
shall continue to function under a revitalized
and strengthened structures to achieve the
objectives of the NCIP: Provided, That the
positions of Staff Directors, Bureau Directors,
Deputy Executive Directors and Executive
Directors, except positions of Regional
Directors and below, are hereby phased-out
upon the effectivity of this Act: Provided,
further, That offcials of the phased-out
offces who may be qualifed may apply for
reappointment with the NCIP and may be
given prior rights in the flling up of the newly
created positions of NCIP, subject to the
qualifcations set by the Placement Committee:
Provided, furthermore, That in the case where
an indigenous person and a nonindigenous
person with similar qualifcations apply for
the same position, priority shall be given to
the former. Offcers and employees who are
to be phased-out as a result of the merger of
their offces shall be entitled to gratuity a rate
equivalent to one and a half (1 1/2) months salary
for every year of continuous and satisfactory
service rendered or the equivalent nearest
fraction thereof favorable to them on the basis
of the highest salary received. If they are already
entitled to retirement or gratuity, they shall
have the option to select either such retirement
benefts or the gratuity herein provided. Offcers
and employees who may be reinstated shall
refund such retirement benefts or gratuity
received: Provided, fnally, That absorbed
personnel must still meet the qualifcations
and standards set by the Civil Service and the
Placement Committee herein created.
Section 75. Transition Period. The ONCC/OSCC shall
have a period of six (6) months from the
effectivity of this Act within which to wind up
its affairs and to conduct audit of its fnances.
Section 76. Transfer of Assets/Properties. All real and
personal properties which are vested in,
or belonging to, the merged offces as
aforestated shall be transferred to the NCIP
without further need of conveyance, transfer
or assignment and shall be held for the same
purpose as they were held by the former
offces: Provided, That all contracts, records
and documents relating to the operations of
the merged offces shall be transferred to the
NCIP. All agreements and contracts entered
into by the merged offces shall remain in full
force and effect unless otherwise terminated,
modifed or amended by the NCIP.
Section 77. Placement Committee. Subject to rules on
government reorganization, a Placement
Committee shall be created by the NCIP, in
coordination with the Civil Service Commission,
which shall assist in the judicious selection and
placement of personnel in order that the best
qualifed and most deserving persons shall
be appointed in the reorganized agency. The
Placement Committee shall be composed of
seven (7) commissioners and an ICCs/IPs
representative from each of the frst and second
level employees association in the Offces for
Northern and Southern Cultural Communities
( ONCC/ OSCC) , nongov e r nme nt
organizations (NGOs) who have served the
community for at least fve (5) years and peoples
organizations (POs) with at least fve (5) years of
existence. They shall be guided by the criteria
of retention and appointment to be prepared
by the consultative body and by the pertinent
provisions of the civil service law..
CHAPTER XIII: FINAL PROVISIONS
Section 78. Special Provision. The City of Baguio shall
remain to be governed by its Charter and
all lands proclaimed as part of its town site
reservation shall remain as such until otherwise
reclassifed by appropriate legislation: Provided,
That prior land rights and titles recognized and/
or acquired through any judicial, administrative
or other processes before the effectivity of this
Act shall remain valid: Provided, further, That
this provision shall not apply to any territory
which becomes part of the City of Baguio after
the effectivity of this Act.
Section 79. Appropriations. The amount necessary to
fnance the initial implementation of this Act
shall be charged against the current years
appropriation of the ONCC and the OSCC.
Thereafter, such sums as may be necessary for
its continued implementation shall be included
in the annual General Appropriations Act.
Section 80. Implementing Rules and Regulations. Within
sixty (60) days immediately after appointment,
the NCIP shall issue the necessary rules and
regulations, in consultation with the Committees
on National Cultural Communities of the
House of Representatives and the Senate, for the
effective implementation of this Act.
Section 81. Saving Clause. This Act will not in any manner
adversely affect the rights and benefts of
the ICCs/IPs under other conventions,
recommendations, international treaties,
national laws, awards, customs and agreements.
Section 82. Separability Clause. In case any provision of
this Act or any portion thereof is declared
unconstitutiona1 by a competent court, other
provisions shall not be affected thereby.
Section 83. Repealing Clause. Presidential Decree No.
410, Executive Order Nos. 122B and 122C,
and all other laws, decrees, orders, rules and
regulations or parts thereof inconsistent with
this Act are hereby repealed or modifed
accordingly.
Section 84. Effectivity. This Act shall take effect ffteen
(15) days upon its publication in the Offcial
Gazette or in any two (2) newspapers of
general circulation.

Approved,
JOSE DE VENECIA, JR.
Speaker of the House of Representatives
ERNESTO M. MACEDA
President of the Senate
This Act, which is a consolidation of Senate Bill No. 1728
and House Bill No. 9125 was fnally passed by the Senate
and the House of Representatives on October 22, 1997.

ROBERTO P. NAZARENO
Secretary General
House of Representatives
LORENZO E. LEYNES, JR.
Secretary of the Senate
Approved: Oct 29 1997
FIDEL V. RAMOS
President of the Philippines
AN ACT PROVIDING FOR BENEFITS AND
PRIVILEGES TO SOLO PARENTS AND
THEIR CHILDREN, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
of the Philippines Congress assembled:
Section 1. Title. - This Act shall be known as the Solo
Parents Welfare Act of 2000.
Section 2. Declaration of Policy. - It is the policy of
the State to promote the family as the
foundation of the nation, strengthen its
solidarity and ensure its total development.
Towards this end, it shall develop a
comprehensive program of services for
solo parents and their children to be
carried out by the Department of Social
Welfare and Development (DSWD),
the Department of Health (DOH), the
Department of Education, Culture and
Sports (DECS), the Department of the
Interior and Local Government (DILG),
the Commission on Higher Education
(CHED), the Technical Education and
Skills Development Authority (TESDA),
the National Housing Authority (NHA),
the Department of Labor and Employment
(DOLE) and other related government
and nongovernment agencies.
Section 3. Defnition of Terms. - Whenever used in this Act,
the following terms shall mean as follows:
(a) Solo parent - any individual who falls
under any of the following categories:
(1) A woman who gives birth as a result of
rape and other crimes against chastity
even without a final conviction of
the offender: Provided, That the
mother keeps and raises the child;
(2) Parent left solo or alone with the
responsibility of parenthood due to
death of spouse;
responsibility of parenthood while
the spouse is detained or is serving
sentence for a criminal conviction for
at least one (1) year;
physical and/or mental incapacity of
spouse as certifed by a public medical
practitioner;
(5) Parent left solo or alone with
the responsibility of parenthood
due to legal separation or de facto
separation from spouse for at least
one (1) year, as long as he/she is
entrusted with the custody of the
children;
declaration of nullity or annulment
of marriage as decreed by a court
or by a church as long as he/she is
entrusted with the custody of the
children;
abandonment of spouse for at least
one (1) year;
(8) Unmarried mother/father who has
preferred to keep and rear her/his
child/children instead of having
others care for them or give them up
to a welfare institution;
(9) Any other person who solely provides
parental care and support to a child or
children;
(10) Any family member who assumes
the responsibility of head of
family as a result of the death,
abandonment, disappearance or
prolonged absence of the parents
or solo parent.
A change in the status or circumstance
of the parent claiming benefts under
this Act, such that he/she is no longer
left alone with the responsibility of
parenthood, shall terminate his/her
eligibility for these benefts.
(b) Children - refer to those living
with and dependent upon the solo
parent for support who are unmarried,
unemployed and not more than
eighteen (18) years of age, or even over
eighteen (18) years but are incapable of
self-support because of mental and/or
physical defect/disability.
(c) Parental responsibility - with respect
to their minor children shall refer to
the rights and duties of the parents
as defined in Article 220 of Executive
Order No. 209, as amended, otherwise
known as the Family Code of the
Philippines.
(d) Parental leave - shall mean leave
benefts granted to a solo parent to enable
him/her to perform parental duties and
responsibilities where physical presence
is required.
(e) Flexible work schedule - is the right
granted to a solo parent employee to
vary his/her arrival and departure time
without affecting the core work hours as
defned by the employer.
Section 4. Criteria for Support. - Any solo parent whose
income in the place of domicile falls below
the poverty threshold as set by the National
Economic and Development Authority
(NEDA) and subject to the assessment of
the DSWD worker in the area shall be
eligible for assistance:Provided, however,
That any solo parent whose income is
above the poverty threshold shall enjoy
the benefits mentioned in Sections 6, 7
and 8 of this Act.
Section 5. Comprehensive Package of Social Development
and Welfare Services. - A comprehensive
package of social development and welfare
services for solo parents and their families will
be developed by the DSWD, DOH, DECS,
CHED, TESDA, DOLE, NHA and DILG,
in coordination with local government units
and a nongovernmental organization with
proven track record in providing services for
solo parents.
The DSWD shall coordinate with
concerned agencies the implementation
of the comprehensive package of social
development and welfare services for solo
parents and their families. The package will
initially include:
(a) Livelihood development services which
include trainings on livelihood skills, basic
business management, value orientation
and the provision of seed capital or job
placement.
(b) Counseling services which include
individual, peer group or family counseling.
This will focus on the resolution of
personal relationship and role conficts.
(c) Parent effectiveness services which
include the provision and expansion of
knowledge and skills of the solo parent on
early childhood development, behavior
management, health care, rights and
duties of parents and children.
(d) Critical incidence stress debriefng which
includes preventive stress management
strategy designed to assist solo parents in
coping with crisis situations and cases of
abuse.
(e) Special projects for individuals in need
of protection which include temporary
shelter, counseling, legal assistance, medical
care, self-concept or ego-building, crisis
management and spiritual enrichment.
Section 6. Flexible Work Schedule. - The employer shall
provide for a fexible working schedule
for solo parents: Provided, That the same
shall not affect individual and company
productivity: Provided, further, That any
employer may request exemption from the
above requirements from the DOLE on
certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall
discriminate against any solo parent employee
with respect to terms and conditions of
employment on account of his/her status.
Section 8. Parental Leave. - In addition to leave
privileges under existing laws, parental
leave of not more than seven (7) working
days every year shall be granted to any solo
parent employee who has rendered service of
at least one (1) year.
Section 9. Educational Benefts. - The DECS, CHED
and TESDA shall provide the following
benefts and privileges:
(1) Scholarship programs for qualifed solo
parents and their children in institutions
of basic, tertiary and technical/skills
education; and
(2) Nonf ormal educat i on programs
appropriate for solo parents and their
children.
The DECS, CHED and TESDA shall
promulgate rules and regulations for the
proper implementation of this program.
Section 10. Housing Benefits. - Solo parents shall be given
allocation in housing projects and shall be
provided with liberal terms of payment on
said government low-cost housing projects
in accordance with housing law provisions
prioritizing applicants below the poverty
line as declared by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop
a comprehensive health care program
for solo parents and their children. The
program shall be implemented by the
DOH through their retained hospitals and
medical centers and the local government
units (LGUs) through their provincial/
district/city/municipal hospitals and rural
health units (RHUs).
Section 12. Additional Powers and Functions of the
DSWD. The DSWD shall perform the
following additional powers and functions
relative to the welfare of solo parents and
their families:
(a) Conduct research necessary to:
(1) develop a new body of knowledge on
solo parents;
(2) define executive and legislative
measures needed to promote and
protect the interest of solo parents
and their children; and
(3) assess the effectiveness of programs
designed for disadvantaged solo
parents and their children;
(b) Coordinate the activities of various
governmental and nongovernmental
organizations engaged in promoting and
protecting the interests of solo parents
and their children; and
(c) Monitor the implementation of the
provisions of this Act and suggest
mechanisms by which such provisions
are effectively implemented.
Section 13. Implementing Rules and Regulations. - An
interagency committee headed by the
DSWD, in coordination with the DOH,
DECS, CHED, TESDA, DOLE, NHA,
and DILG is hereby established which
shall formulate, within ninety (90) days
upon the effectivity of this Act, the
implementing rules and regulations in
consultation with the local government
units, nongovernment organizations and
peoples organizations.
Section 14. Appropriations. - The amount necessary to
carry out the provisions of this Act shall
be included in the budget of concerned
government agencies in the General
Appropriations Act of the year following its
enactment into law and thereafter.
Section 15. Repealing Clause. - All laws, decrees, executive
orders, administrative orders or parts thereof
inconsistent with the provisions of this Act
are hereby repealed, amended or modifed
accordingly.
Section 16. Separability Clause. - If any provision of
this Act is held invalid or unconstitutional,
other provisions not affected thereby shall
continue to be in full force and effect.
Section 17. Effectivity Clause. - This Act shall take effect
fifteen (15) days following its complete
publication in the Official Gazette or in
at least two (2) newspapers of general
circulation.
Approved.
(Sgd.)
JOSEPH EJERCITO ESTRADA
Congress of the Philippines Metro Manila
Fifth Regular Session
Begun and held in Metro Manila, on Monday, the twenty-
second day of July, nineteen hundred and ninety-one.
An Act Promoting the Integration of Women as Full
and Equal Partners of Men in Development and Nation
Building and for Other Purposes
Section 1. Title. This Act shall be cited as the Women
in Development and Nation Building Act.
Section 2. Declaration of Policy. The State recognizes
the role of women in nation building and
shall ensure the fundamental equality before
the law of women and men. The State shall
provide women rights and opportunities
equal to that of men.
To attain the foregoing policy:
(1) A substantial portion of offcial
development assistance funds received
from foreign government and multilateral
agencies and organizations shall be set aside
and utilized by the agencies concerned to
support programs and activities for women;
(2) All government departments shall ensure
that women beneft equally and participate
directly in the development programs and
projects of said department, specifcally
those funded under offcial foreign
development assistance, to ensure the full
participation and involvement of women
in the development process; and
(3) All government departments and agencies
shall review and revise all their regulations,
circulars, issuances and procedures to
remove gender bias therein.
Section 3. Responsible Agency. The National Economic
and Development Authority (NEDA) shall
primarily be responsible for ensuring the
participation of women as recipients in foreign
aid, grants and loans. It shall determine and
recommend the amount to be allocated for the
development activity involving women.
Section 4. Mandate. The NEDA, with the assistance
of the National Commission on the Role
of Filipino Women, shall ensure that the
different government departments, including
its agencies and instrumentalities which,
directly or indirectly, affect the participation
of women in national development and their
integration therein:
(1) Formulate and prioritize rural or
countryside development programs or
projects, provide income and employment
opportunities to women in the rural areas
and thus, prevent their heavy migration
from rural to urban or foreign countries;
(2) Include an assessment of the extent to which
their programs and/or projects integrate
women in the development process and of
the impact of said programs or projects
on women, including their implications
in enhancing the self-reliance of women in
improving their income;
(3) Ensure the active participation of women and
womens organizations in the development
programs and/or projects including their
involvement in the planning, design,
implementation, management, monitoring
and evaluation thereof;
(4) Collect sex-disaggregated data and
include such data in its program/project
paper, proposal or strategy;
(5) Ensure that programs and/or projects are
designed so that the percentage of women
who receive assistance is approximately
proportionate to either their traditional
participation in the targeted activities
or their proportion of the population,
whichever is higher. Otherwise, the
following should be stated in the program/
project paper, proposal or strategy:
(a) The obstacles in achieving the goal;
(b) The steps being taken to overcome
those obstacles; and
(c) To the extent that steps are not being
taken to overcome those obstacles,
why they are not being taken.
(6) Assist women in activities that are of
critical signifcance to their self-reliance
and development.
Section 5. Equality in Capacity to Act. Women of
legal age, regardless of civil status, shall
have the capacity to act and enter into
contracts which shall in every respect
be equal to that of men under similar
circumstances.
In all contractual situations where married
men have the capacity to act, married women
shall have equal rights. To this end:
(1) Women shall have the capacity to
borrow and obtain loans and execute
security and credit arrangements under
the same conditions as men;
(2) Women shall have equal access to
all government and private sector
programs granting agricultural credit,
loans and nonmaterial resources
and shall enjoy equal treatment in
agrarian reform and land resettlement
programs;
(3) Women shall have equal rights to act as
incorporators and enter into insurance
contracts; and
(4) Married women shall have rights equal
to those of married men in applying for
passports, secure visas and other travel
documents, without need to secure the
consent of their spouses.
In all other similar contractual relations,
women shall enjoy equal rights and shall
have the capacity to act which shall in every
respect be equal to those of men under
similar circumstances.
Section 6. Equal Membership in Clubs. Women shall
enjoy equal access to membership in all social,
civic and recreational clubs, committees,
associations and similar other organizations
devoted to public purpose. They shall be
entitled to the same rights and privileges
accorded to their spouses if they belong to
the same organization.
Section 7. Admission to Military Schools. Any provision
of the law to the contrary notwithstanding,
consistent with the needs of the services,
women shall be accorded equal opportunities
for appointment, admission, training,
graduation and commissioning
Section 8. Voluntary Pag-IBIG, GSIS and SSS Coverage.
Married persons who devote full time to
managing the household and family affairs shall,
upon the working spouses consent, be entitled
to voluntary Pag-IBIG (Pagtutulungan Ikaw,
Bangko, Industriya at Gobyerno), Government
Service Insurance System (GSIS) or Social
Security System (SSS) coverage to the extent of
one-half (1/2) of the salary and compensation
of the working spouse. The contributions due
thereon shall be deducted from the salary of the
working spouse.
The GSIS or the SSS, as the case may be,
shall issue rules and regulations necessary
to effectively implement the provisions of
this section.
Section 9. Implementing Rules. The NEDA in
consultation with the different government
agencies concerned shall issue rules and
regulations as may be necessary for the
effective implementation of Section 2, 3 and
4 of this Act within six (6) months from its
effectivity.
Section 10. Compliance Report. Within six (6) months
from the effectivity of this Act and every
six (6) months thereafter, all government
departments, including its agencies and
instrumentalities, shall submit a report to
Congress on their compliance with this Act.
Section 11. Separability Clause. If for any reason any
section or provision of this Act is declared
unconstitutional or invalid, the other sections
or provisions hereof which are not affected
thereby shall continue to be in full force and
effect.
Section 12. Repealing Clause. The provisions of Republic
Act No. 386, otherwise known as the Civil Code
of the Philippines, as amended, and of Executive
Order No. 209, otherwise known as the
Family Code of the Philippines, and all laws,
decrees, executive orders, proclamations, rules
and regulations, or parts thereof, inconsistent
herewith are hereby repealed.
Section 13. Effectivity Clause. The rights of women and
all the provisions of this Act shall take effect
immediately upon its publication in the
Offcial Gazette or in two (2) newspapers of
Approved,
(Sgd.) NEPTALI A. GONZALES
(Sgd.) RAMON V. MITRA
This Act which is a consolidation of Senate Bill No. 1200
and House Bill No. 22466 was fnally passed by the Senate
and the House of Representatives on December 11, 1991.
(Sgd.) LORENZO E. LEYNES, JR.
Acting Secretary of the Senate
(Sgd.) CAMILO L. SABIO
Secretary General
Approved: February 12, 1992
(Sgd.) CORAZON C. AQUINO
Metro Manila
Tenth Congress
eighth day of July, nineteen hundred and ninety seven.
AN ACT INSTITUTIONALIZING THE SOCIAL
REFORM AND POVERTY ALLEVIATION
PROGRAM, CREATING FOR THE PURPOSE
THE NATIONAL ANTI-POVERTY
COMMISSION, DEFINING ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES
Section 1. Title.- This act shall be known as the Social
Reform and Poverty Alleviation Act.
Section 2. Declaration of Policy.- It is the policy of the
State to:
1) Adopt an area-based sectoral and focused
intervention to poverty alleviation
wherein every poor Filipino family shall
be empowered to meet its minimum
basic needs of health, food and nutrition,
water and environmental sanitation,
income security, shelter and decent
housing, peace and order, education
and functional literacy, participation in
governance, and family care and psycho-
social integrity;
2) Actively pursue asset reform or
redistribution of productive economic
resources to the basic sectors including
the adoption of a system of public
spending which is targeted towards the
poor;
3) Institutionalize and enhance the Social
Reform Agenda hereinafter known as the
SRA, which embodies the results of the
series of consultations and summits on
poverty alleviation;
4) Adopt and operationalize the following
principles and strategies as constituting
the national framework integrating
various structural reforms and anti-
poverty initiatives:
a) Social reform shall be a continuing
process that addresses the basic
inequities in Philippine society
through a systematic package of social
interventions;
b) The SRA shall be enhanced by
government in equal partnership
with the different basic sectors
through appropriate and meaningful
consultations and participation in
governance;
c) Policy, programs and resource
commitments from both government
and the basic sectors shall be clearly
defned to ensure accountability and
transparency in the implementation
of the Social Reform Agenda;
d) A policy environment conducive to
sustainable social reform shall be
pursued;
e) The SRA shall address the fght
against poverty through multi-
dimensional and cross-sectoral
approach which recognizes and
respects the core values, cultural
integrity and spiritual diversity of
target sectors and communities;
f) The SRA shall pursue a gender-
responsive approach to fght poverty;
g) The SRA shall promote ecological
balance in the different ecosystems,
in a way that gives the basic sectors a
major stake in the use, management,
conservation and protection of
productive resources;
h) The SRA shall take into account
the principle and interrelationship
of population and development in
the planning and implementation
of social reform programs thereby
promoting self-help and self-reliance;
and
i) The SRA implementation shall be
focused on specifc target areas and
basic sectors.
Section 3. Defnition of Terms.- As used in this Act, the
following terms shall mean:
a) Artisanal fsherfolk - refers to municipal,
small scale or subsistence fshermen who
use fshing gear which do not require
boats or which only require boats below
three (3) tons;
b) Basic sectors - Refer to the disadvantaged
sectors of Philippines society, namely:
farmer-peasant, artisanal fsherfolk, workers
in the formal sector and migrant workers,
workers in the informal sector, indigenous
peoples and cultural communities, women,
differently-abled persons, senior citizens,
victims of calamities and disasters, youth
and students, children and urban poor;
c) Cooperative - Refers to a duly registered
association of at least ffteen (15) persons,
majority of which are poor, having a
common bond of interest, who voluntarily
join together to achieve a lawful common
social and economic end. It is organized
by the members who equitably contribute
the required share capital and accept
a fair share of the risks and benefts of
their undertaking in accordance with the
universally accepted corporate principles
and practices;
d) Capability building - Refers to the
process of enhancing the viability
and sustainability of microfinance
institutions through activities that
include training in microfinance
technologies, upgrading of accounting
and auditing systems, technical
assistance for the installation or
i mprovement of management
information systems, monitoring of
loans and other related activities.
The term capability building shall
in no way refer to the provision of
equity investments, seed funding,
partnerships seed funds, equity
participation, start-up funds or
any such activity that connotes the
infusion of capital or funds from the
government or from the peoples
development trust building precludes
the grant of any loan or equity funds
to the microfinance institution;
e) Collateral-free arrangement - A fnancial
arrangement wherein a loan is contracted
by the debtor without the conventional
loan security of a real estate or chattel
mortgage in favor of the creditor. In
lieu of these conventional securities,
alternative arrangements to secure the
loan and ensure repayment are offered
and accepted;
f) Group character loan - A loan contracted
by a member and guaranteed by a group
of persons for its repayment. The creditor
can collect from any of the members of
the group who had advanced the payment
in favor of the actual debtor;
g) Indigenous cultural communities/
indigenous peoples - As defined in
Republic Act No. 8371, otherwise known
as The Indigenous Peoples Rights Act
of 1997;
h) Migrant workers - As defned in Republic
Act No. 8042 otherwise known as the
Migrant Workers and Overseas Filipino
Act of 1995;
i) Micro-enterprise - Any economic
enterprise with a capital of One hundred
ffty thousand pesos (P150,000.00) and
below. This amount is subject to periodic
determination of the Department of Trade
and Industry to refect economic changes;
j) Microfnance - A credit and savings
mobilization program exclusively for
the poor to improve the asset base of
households and expand the access to
savings of the poor. It involves the use
of viable alternative credit schemes
and savings programs including the
extension of small loans, simplifed loan
application procedures, group character
loans, collateral-free arrangements,
alternative loan repayments, minimum
requirements for savings, and small
denominated savers instruments.
k) Minimum basic needs - Refers to the
needs of a Filipino family pertaining to
survival (food and nutrition; health; water
and sanitation; clothing), security (shelter;
peace and order; public safety; income and
livelihood) and enabling (basic education
and literacy; participation in community
development; family and psycho-social
care);
l) Human development index - Refers to
the measure of how well a country has
performed, based on social indicators or
peoples ability to lead a long and healthy
life, to acquire knowledge and skills, and
to have access to the resources needed
to afford a decent standard of living.
This index looks at a minimum of three
outcomes of development: the state of
health (measured by life expectancy at
birth), the level of knowledge and skill
(measured by a weighted average of adult
literacy and enrollment rates), and the
level of real income per capita adjusted
for poverty considerations;
m) Non-government organizations - Refers
to duly registered nonstock, nonproft
organizations focusing on the upliftment
of the basic or disadvantaged sectors of
society and providing advocacy, training,
community organizing, research, access
to resources, and other similar activities;
n) Peoples organization - Refers to a self-
help group belonging to the basic sectors
and/or disadvantaged groups composed
of members having a common bond of
interest which voluntarily join together
to achieve a lawful common social and
economic end;
o) Poor - Refers to individuals and families
whose income fall below the poverty
threshold as defned by the National
Economic and Development Authority
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;
p) Poverty alleviation - Refers to the
reduction of absolute power and relative
poverty;
q) Absolute poverty - Refers to the
condition of the household below the
food threshold level;
r) Relative poverty - Refers to the gap
between the rich and the poor;
s) Social Reform - Refers to the continuing
process of addressing the basic inequities
in Filipino society through a systematic,
unifed and coordinated delivery of
socioeconomic programs or packages;
t) Small Savers Instrument (SSI) - Refers
to an evidence of indebtedness of the
Government of the Republic of the
Philippines which shall be in small
denominations and sold at a discount from
its redemption value, payable to the bearer
and redeemable on demand according to a
schedule printed on the instrument, with a
discount lower than the full stated rate if not
held to maturity. The resources generated
under this scheme shall be used primarily
for micro-credit for the poor. SSIs are not
eligible as legal reserve of banks and legal
reserves prescribed of insurance companies
operating in the Philippines;
u) Urban poor - Refers to individuals
or families residing in urban centers
and urbanizing areas whose income or
combined household income falls below
the poverty threshold as defned by the
National Economic and Development
Authority 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;
v) Workers in the formal sector - Refer
to workers in registered business
enterprises who sell their services in
exchange for wages and other forms of
compensation;
w) Workers in the informal sector -
Refer to poor individuals who operate
businesses that are very small in scale
and are not registered with any national
government agency and to the workers in
such enterprises who sell their services in
exchange for subsistence level wages and
other forms of compensation; and
x) Youth - Refers to persons ffteen (15) to
thirty (30) years old.
Section 4. Adoption and Integration of Social Reform
Agenda (SRA) in the National Anti-Poverty
Action Agenda. - The National Anti-Poverty
Action Agenda shall principally include the
core principles and programs of the Social
Reform Agenda (SRA). The SRA shall have
a multi-dimensional approach to poverty
consisting of the following reforms:
1) Social dimension access to quality basic
services. - These are reforms which refer
to equitable control and access to social
services and facilities such as education,
health, housing, and other basic services
which enable the citizens to meet their
basic human needs and to live decent
lives;
2) Economic dimension asset reform and
access to economic opportunities. -
Reforms which address the existing
inequities in the ownership, distribution,
management and control over natural
and man-made resources from which
they earn a living or increase the fruits of
their labor;
3) Ecological dimension sustainable
development of productive resources. -
Reforms which ensure the effective and
sustainable utilization of the natural and
ecological resources base, thus assuring greater
social acceptability and increased participation
of the basic sectors in environmental
and natural resources conservation,
management and development;
4) Governance dimension democratizing
the decision-making processes. -
Reforms which enable the basic sectors
to effectively participate in decision-
making and management processes that
affect their rights, interests and welfare.
The SRA shall focus on the following
sector-specifc fagship programs:
1) For farmers and landless rural workers
- agricultural development;
2) For the fsherfolk - fsheries and
aquatic resources conservation,
management and development;
3) For the indigenous peoples and
indigenous communities - respect,
protection and management of the
ancestral domain;
4) For workers in the informal sector -
workers welfare and protection;
5) For the urban poor - socialized
housing; and
6) For members of the other disadvantaged
groups such as the women, children,
youth, persons with disabilities, the
elderly and victims of natural and man-
made calamities - the Comprehensive
Integrated Delivery of Social Services
(CIDSS).
Additionally, to support the sectoral
fagship programs, the following
cross-sectoral fagships shall likewise be
instituted:
1) Institution-building and effective
participation in governance;
2) Livelihood programs;
3) Expansion of micro-credit/
microfnance services and capability
building; and
4) Infrastructure build-up and
development.
TITLE I
NATIONAL ANTI-POVERTY COMMISSION
Section 5. The National Anti-Poverty Commission. - To
support the above stated policy, the National
Anti-Poverty Commission hereinafter
referred to as the NAPC, is hereby created
under the Offce of the President, which
shall serve as the coordinating and advisory
body for the implementation of the SRA.
The Presidential Commission to Fight
Poverty (PCFP), the Social Reform Council
(SRC), and the Presidential Council for
Countryside Development (PCCD) are
hereby abolished and the NAPC shall be
the successor-in-interest of the three (3)
abolished commissions and councils.
The creation and operationalization of the
NAPC shall be guided by the following
principles:
1) Incorporation of the Social Reform
Agenda into the formulation of
development plans at the national,
regional, sub-regional and local levels;
2) Effciency in the implementation of the
anti-poverty programs by strengthening
and/or streamlining present poverty
alleviation processes and mechanisms,
and reducing the duplication of functions
and activities among various government
agencies;
3) Coordination and synchronization of social
reform and poverty alleviation programs of
national government agencies;
4) Exercise of policy oversight responsibilities
to ensure the attainment of social reform
and poverty alleviation goals;
5) Strengthening of local government units
to more effectively operationalize the
SRA in local development efforts;
6) Institutionalization of basic sectoral and
NGO participation in effective planning,
decision-making, implementation, monitoring
and evaluation of the SRA at all levels;
7) Ensuring adequate, effcient and prompt
delivery of basic services to the poor; and
8) Enj oi ni ng government f i nanci al
institutions to open credit and savings
windows for the poor, and advocating the
creation of such windows for the poor
among private banking institutions.
Section 6. Composition of the NAPC. - The President
of the Republic of the Philippines shall
serve as Chairperson of the NAPC. The
President shall appoint the Lead Convenor
of the NAPC, either from the government
or private sector, who shall likewise serve
as head of the National Anti-Poverty
Commission Secretariat, and shall have the
rank of a Cabinet Secretary. There shall be a
vice-chairperson for the government sector
and a vice-chairperson for the basic sectors;
the former to be designated by the President,
and the latter to be elected among the basic
sector representatives of the NAPC as vice-
chairperson for the basic sector; and the
following as members:
1) Heads of the following government bodies:
a) Department of Agrarian Reform
(DAR);
b) Department of Agriculture (DA);
c) Department of Labor and
Employment (DOLE);
d) Department of Budget and
Management (DBM);
e) Department of Social Welfare and
Development (DSWD);
f) Department of Health (DOH);
g) Department of Education, Culture
and Sports (DECS);
h) Department of the Interior and Local
Government (DILG);
i) Department of Environment and
Natural Resources (DENR);
j) Department of Finance (DOF);
k) National Economic and Development
Authority (NEDA);
l) Peopl es Credi t and Fi nance
Corporation (PCFC). subject to
Section 17 of this Act; and
m) Presidential Commission on Urban
Poor (PCUP).
2) Presidents of the Leagues of Local
Government Units:
a) League of Provinces;
b) League o Cities;
c) League of Municipalities;
d) Liga ng mga Barangay
3) Representatives from each of the
following basic sectors:
a) Farmers and landless rural workers;
b) Artisanal fsherfolk;
c) Urban Poor;
d) Indigenous cultural communities/
indigenous peoples;
e) Workers in the formal sector and
migrant workers;
f) Workers in the informal sector;
g) Women;
h) Youth and students;
i) Persons with disabilities;
j) Victims of disasters and calamities;
k) Senior citizens;
l) Non-government organizations
(NGOs);
m) Children; and
n) Cooperatives.
Sectoral councils formed by and among the
members of each sector shall respectively
nominate three (3) nominees from each sector
within six (6) months after the effectivity of
the implementing rules and regulations of
this Act, and every three (3) years thereafter
and in case of vacancy. The President of the
Republic of the Philippines shall, within thirty
(30) days after the submission of the list of
nominees, appoint the representatives from
the submitted list. Sectoral representatives
shall serve for a term of three (3) years
without reappointment. Appointment to
any vacancy for basic sector representatives
shall be only for the unexpired term of the
predecessor.
The implementing rules and regulations
(IRR) of this Act shall contain the
guidelines for the formulation of sectoral
councils, the nomination process, recall
procedures and such other mechanisms
to ensure accountability of the sectoral
representatives.
Section 7. Powers and Functions. - The NAPC shall
exercise the following powers and functions:
1) Coordinate with different national
and local government agencies
and the private sector to assure full
implementation of all social reform and
poverty alleviation programs;
2) Coordinate with local government units
in the formulation of social reform and
poverty alleviation programs for their
respective areas in conformity with the
National Poverty Action Agenda;
3) Recommend policy and other measures to
ensure the responsive implementation of
the commitments under the SRA;
4) Ensure meaningful representation and
active participation of the basic sectors;
5) Oversee, monitor and recommend
measures to ensure the effective
formulation, implementation and
evaluation of policies, programs and
resource allocation and management
of social reform and poverty alleviation
programs;
6) Advocate for the mobilization of funds
by the national and local governments to
fnance social reform and poverty alleviation
programs and capability building activities
of peoples organizations;
7) Provide financial and non-financial
incentives to local government units
with counterpart resources for the
implementation of social reform and
poverty alleviation programs; and
8) Submit an annual report to Congress
including but not limited to all aspects of
its operations and programs and project
implementation, fnancial status and
other relevant data as refected by the
basic reform indicator.
Section 8. Principal Offce. - The NAPC shall establish
its principal offce in Metro Manila and
may establish such branches within the
Philippines as may be deemed necessary by
the President of the Philippines to carry out
the powers and functions of the NAPC.
Section 9. The NAPC Secretariat. - The NAPC shall be
supported by a Secretariat, which shall be
headed by the Lead Convenor referred to under
Section 6 hereof. The Secretariat shall provide
technical and administrative support to the
NAPC. It shall be formed from the unifcation
of the secretariats of the following bodies:
1) Presidential Commission to Fight
Poverty (PCFP);
2) Social Reform Council (SRC); and
3) Presidential Council for Countryside
Development (PCCD).
Within three (3) months from the effectivity
of this Act, the Offce of the President shall
fnalize the organizational plan for the
NAPC.
To provide the continuity of existing social
reform and poverty alleviation related programs,
all accredited organizations under the three
(3) unifed councils and commissions shall be
automatically accredited under the NAPC
until such time that additional accreditation
requirements may be provided by the NAPC.
Section 10. The Peoples Development Trust Fund. The
Peoples Development Trust Fund (PDTF) is
hereby established, which shall be monitored
by the NAPC.
The Trust Fund in the amount of Four
billion and fve hundred million pesos
(P4,500,000,000.00) shall be funded from
the earnings of the PAGCOR in addition
to appropriations by Congress, voluntary
contributions, grants, gifts from both local and
foreign sources as may be accepted or decided
on by the NAPC. Any additional amount to
the Trust Fund shall form part of the corpus of
the Trust Fund, unless the donor, contributor
or grantor expressly provides as a condition
that the amount be included in the disbursible
portion of the Trust Fund.
The President of the Philippines shall assign
to any existing government department
or agency the administration of the Trust
Fund, based on the expertise, organizational
capability and orientation or focus of the
department or agency. The NAPC shall
be limited to the function of monitoring
the utilization of the PDTF, while the
government departments or agencies
designated by the President shall directly
administer the utilization of the earnings of
the PDTF.
Only the fruits of the PDTF shall be used
for the purposes provided in this Act. Any
undisbursed fruits for the preceding year
shall form part of the disbursible portion of
the PDTF in the following year.
For the purpose of monitoring the earnings
of the PDTF, the NAPC shall:
1) Source funds for the establishment of
and augmentation to the Trust Fund;
2) Recommend to the appropriate government
department or agency the accreditation of
organizations and institutions that shall act as
resource partners in conducting institutional
development and capability building
activities for accredited organizations
and benefciaries of microfnance and
micro-enterprise programs;
3) Ensure that validation and monitoring
activities are conducted for funded
institutional development and
capability building projects/programs/
benefciaries; and
4) Promote research and development work on
livelihood and microfnance technology and
publications/communications programs
that assist the poor benefciaries.
Section 11. Purposes of the Peoples Development Trust Fund
(PDTF). - The earnings of the PDTF shall
be utilized for the following purposes:
1) Consultancy and training services for
microfnance institutions and their
benefciaries on the establishment of the
necessary support services, social and
fnancial preparation of benefciaries,
preparation of plans and programs
including fund sourcing and assistance,
establishment of credit and savings
monitoring and evaluation mechanisms;
2) Scholarships or training grants for
microfnance staff and offcers, and
selected benefciaries;
3) Community organizing for microfnance,
livelihood and micro-enterprises training
services;
4) Livelihood/micro-enterprise project/
program feasibility studies and researches;
5) Savings mobilization and incentive
programs, and other similar facilities;
6) Information and communication systems
such as baseline surveys, development
monitoring systems, socioeconomic
mapping surveys, organizational
assessments, and other similar activities;
7) Legal and other management support
services such as registration, documentation,
contract review and enforcement, fnancial
audit and operational assessment;
8) Inf ormat i on di ssemi nat i on of
microfnance technology; and
9) Other activities to support microfnance
as approved by the designated agency
administering the PDTF.
The PDTF may be accessed by the following:
a) Registered microfnance organizations
engaged in providing micro-enterprise
services for the poor to enable them to
become viable and sustainable;
b) Local government units providing
microfnance and micro-enterprise programs
to their constituents: Provided, That the
PDTF shall not be used by the LGUs for
personal services and maintenance and other
operating expenses; and
c) Local government units undertaking self-
help projects where at least twenty-fve
percent (25%) of the total earnings of the
PDTF shall be used exclusively for the
provision of materials and technical services.
Section 12. The Role of Local Government Units (LGUs).
- The local government units, through
the local development councils of the
province, city, municipality, or barangay
shall be responsible for the formulation,
implementation, monitoring and evaluation
of the National Anti-Poverty Action Agenda
in their respective jurisdictions. The LGUs
shall:
a) Identify the poor in their respective areas
based on indicators such as the minimum
basic needs approach and the human
development index, their location,
occupation, nature of employment,
and their primary resource base and
formulate a provincial/city/municipality
anti-poverty action agenda;
b) Identify and source funding for specifc
social reform and poverty alleviation
projects;
c) Coordinate, monitor and evaluate the
efforts of local government units with
the private sector on planning and
implementation of the local action
program for social reform and poverty
alleviation; and
d) Coordinate and submit progress
reports to the National Anti-Poverty
Commission regarding their local action
programs.
Nothing in this Act shall be construed as
diminishing the powers granted to the
local government units under the Local
Government Code.
TITLE II
MICROFINANCE SERVICES FOR THE POOR
Section 13. Microfnance program. - The programs and
implementing mechanisms of the Social Reform
Agendas Flagship Program on Credit shall be
integrated, adopted and further enhanced to
effectively support the objectives of this Act
along the following thrusts:
1) Development of a policy environment,
especially in the area of savings generation,
supportive of basic sector initiatives
dedicated to serving the needs of the poor
in terms of microfnance services;
2) Rationalization of existing government
programs for credit and guarantee;
3) Utilization of existing government fnancial
entities for the provision of microfnance
products and services for the poor; and
4) Promotion of mechanisms necessary for the
implementation of microfnance services,
including indigenous microfnance practices.
Section 14. Peoples Credit and Finance Corporation (PCFC). -
The Peoples Credit and Finance Corporation
(PCFC), a government-controlled corporation
registered with the Securities and Exchange
commission and created in accordance
with Administrative Order No. 148 and
Memorandum Order No. 261 shall be the
vehicle for the delivery of microfnance
services for the exclusive use of the poor.
As a government-owned and -controlled
corporation, it shall be the lead government
entity specifcally tasked to mobilize fnancial
resources from both local and international
funding sources for microfnance services for
the exclusive use of the poor.
Section 15. Increase in the Capitalization of PCFC. - To
facilitate the increase in the capitalization
of the PCFC, the President of the Republic
of the Philippines shall take measures to
enable the amendment of the Articles of
Incorporation of the PCFC such that:
a) The authorized capital stock of the PCFC
may be increased from One hundred million
pesos (P100,000,000.00) to Two billion pesos
(P2,000,000,000.00) divided into twenty
million common shares with a par value of
One hundred pesos (P100.00) per share;
b) The subscribed capital stock of the PCFC
may be increased from One hundred
million pesos (P100,000,000.00) to Six
hundred million pesos (P600,000,000.00)
and the national government may
subscribe the difference of Five hundred
million pesos (P500,000,000.00);
c) The initial paid-up capital may be
increased from One hundred million pesos
(P100,000,000.00) to two hundred ffty
million pesos (P250,000,000.00), to be
increased subsequently to a total of Six
hundred million pesos (P600,000,000.00),
such that at the end of a period of four (4)
years the subscribed capital shall be fully
paid-up, in the following manner:
For the initial increase in paid-up capital during
the frst year, the difference of One hundred
ffty million pesos (P150,000,000.00) shall be
paid and appropriated for by government; for
the second year, One hundred ffty million
pesos (P150,000,000.00); for the third year,
One hundred million pesos (P100,000,000.00);
and for the fourth year, One hundred million
pesos (P100,000,000.00).
The appropriations for the additional paid-
up capital shall be sourced from the share
of the national government in the earnings
of the PAGCOR, in the manner provided
for under Section 18, which provides for the
appropriations under this Act.
Section 16. Special Credit Windows in Existing Government
Financing Institutions (GFIs). - The existing
government fnancial institutions shall
provide for the savings and credit needs of
the poor. The GFIs such as the Land Bank
of the Philippines, Philippine Postal Bank,
Al Amanah Bank, and the Development
Bank of the Philippines are hereby mandated
to coordinate with NAPC and PCFC in
setting up special credit windows and other
arrangements, such as the servicing of Small
Savers Instruments (SSIs), that will promote
the microfnance program in this Act.
The private fnancing institutions may also
provide the savings and credit requirements
of the poor by setting up similar credit
windows and other arrangements to promote
the savings component of the microfnance
program of this Act.
Special credit windows for the poor shall,
as far as practicable, include an allocation
for the basic sectors, as defned in this Act,
particularly those living in rural areas,
agrarian reform communities, and the
women in the countryside.
Section 17. PCFC Privatization. - In the event that the
ownership of the majority of the issued
voting stocks of PCFC shall have passed
to private investors (exclusively qualifed
non-government organizations, peoples
organizations and cooperatives), the
stockholders shall cause the registration with
the Securities and Exchange commission
(SEC) of the revised Articles of Incorporation
and By-Laws. The PCFC shall thereafter be
considered as a privately organized entity
subject to the laws and regulations generally
applied to private corporations.
The chairman of the PCFC may still be
a member of the National Anti-Poverty
Commission (NAPC) upon the privatization
of the PCFC: Provided, That the PCFC will
continue its main purpose of providing for
the savings and credit needs of the poor.
TITLE III
APPROPRIATIONS FOR
THE NATIONAL ANTI-POVERTY
COMMISSION (NAPC)
AND THE PEOPLES DEVELOPMENT
TRUST FUND (PDTF)
Section 18. Appropriations. - To carry out the provisions
of this Act, the following amounts are
appropriated as follows:
1) The sum of One hundred million
pesos (P100,000,000.00) is hereby
appropriated as the initial operating
fund in addition to the unutilized
funds of the rationalized commission
and councils. The sum shall be sourced
from the Presidents Contingent Fund.
In subsequent years, the amount
necessary to implement this Act shall be
included in the annual appropriations.
The said amounts shall be under the
management of the NAPC.
2) The aggregate sum of Four billion
and five hundred million pesos
(P4,500,000,000.00) for ten (10)
years is hereby appropriated for
the establishment of the Peoples
Development Trust Fund (PDTF) from
the share of the national government
in the earnings of the Philippine
Amusement and Gaming Corporation
(PAGCOR), in the following manner:
on the first year, Three hundred fifty
million pesos (P350,000,000.00); on
the second year, Three hundred fifty
the third year, Four hundred million
pesos (P400,000,000.00); on the fourth
year, Four hundred million pesos
(P400,000,000.00); on the fifth year
and every year thereafter until the
tenth year, five hundred million pesos
(P500,000,000.00) annually.
3) The aggregate sum of Five hundred
million pesos (P500,000,000.00) for four
years shall be appropriated for the increase
in the capitalization of the PCFC from
the share of the national government in
the earnings of the PAGCOR, at such
time that the increase in the capitalization
of the PCFC, in the manner provided
for under Section 15 of this Act, shall
have been effected. The appropriation
shall be made in the following manner:
on the frst year, One hundred ffty
the second year, One hundred ffty
the third year, One hundred million
pesos (P100,000,000.00); and on the
fourth year, One hundred million pesos
(P100,000,000.00)
Section 19. Transitory Provision. - The Social Reform
Council (SRC) and the representatives
therein shall, in temporary capacity, exercise
the powers and assume the duties of the
NAPC until such time that the members of
the NAPC shall have been duly appointed or
designated.
The Offce of the President shall formulate
the implementing rules and regulations
(IRR) of this Act within six (6) months after
its effectivity.
The assets, liabilities and personnel of PCFP,
SRC and PCCD are hereby transferred to the
NAPC. Personnel who cannot be absorbed
by NAPC shall be entitled to a separation
pay of one-and-a-half (1 1/2) months for
every year of service and other benefts under
existing retirement laws, at the option of the
personnel concerned.
Section 20. Repealing Clause. - All laws, executive
orders, rules and regulations, or parts
thereof, inconsistent with this Act are
hereby repealed, amended , or modifed
accordingly. The provisions of this Act shall
not be repealed, amended or modifed unless
expressly provided in subsequent general or
special laws.
Section 21. Separability Clause. - If any provision of this
Act shall be held invalid or unconstitutional,
the remaining provisions thereof not affected
thereby shall remain in full force and effect.
Section 22. Effectivity Clause. - This Act shall be effective
June 30, 1998.
Approved,
(Sgd) Ernesto M. Maceda
(Sgd) Jose De Venecia, Jr.
This Act, which is a consolidation of House Bill No.
9360 and Senate Bill No. 1731, was finally passed
by the House of Representatives and the Senate on
December 8, 1997.
(Sgd) Lorenzo E. Leynes, Jr.
Secretary of the Senate
(Sgd) Roberto P. Nazareno
Secretary General
Approved: 11 December 1997
(Sgd) Fidel V. Ramos
Metro Manila
Eighth Congress

November 23, 1990
AN ACT ESTABLISHING
A DAY CARE CENTER
IN EVERY BARANGAY,
INSTITUTING THEREIN
A TOTAL DEVELOPMENT AND
PROTECTION OF CHILDREN PROGRAM,
APPROPRIATING FUNDS THEREFORE,
AND FOR OTHER PURPOSES
of the Philippines in Congress assembled::
Section 1. Title. This Act shall be known as
the Barangay - Level Total Development
and Protection of Children Act.
Section 2. Declaration of Policy. It is hereby declared to
be the policy of the State to defend the right
of the children to assistance, including proper
care and nutrition, and to provide them with
special protection against all forms of neglect,
abuse, cruelty, exploitation and other conditions
prejudicial to their development.
Filipino children up to six (6) years of age deserve
the best care and attention at the family and
community levels. Towards this end, there is
hereby established a day care center in every
barangay with a total development and protection
of children program as provided in this Act
instituted in every barangay day care center.
Section 3. Program Framework. The total development
and protection of children program for day
care centers shall be provided for children
up to six (6) years of age with the consent of
parents: provided, however, that, in case of
abused, neglected or exploited children, such
consent shall not be required. The program
shall include the following:
(a) Monitoring of registration of births and
the completion of the immunization series
for prevention of tuberculosis, diphtheria,
tetanus, measles, poliomyelitis and such
other diseases for which vaccines have been
developed for administration to children up
to six (6) years of age;
(b) Growth and nutritional monitoring, with
supplementary nutritional feeding and
supervision of nutritional intake at home;
(c) Care for children of working mothers
during the day and, where feasible, care
for children up to six (6) years of age when
mothers are working at night: provided, that
the day care center need not to take care
of children in a particular place but shall
develop network of homes where women
may take care of the children up to six (6)
years of age of working mothers during
work hours, with adequate supervision
from the supervising social welfare offcer
of the Department of Social Welfare and
Development: provided, further, that,
where young children are left to the care of
paid domestic, an elderly relative or older
children without adequate and competent
adult supervision, the supervising social
welfare offcer shall provide such training
and adult supervision until the childrens
care meets adequate standards whereby
the children under their care will develop
normally as healthy, happy and loved
children, even in the absence of their
mothers during working hours;
(d) Materials and network of surrogate mothers-
teachers who will provide intellectual and
mental stimulation to the children, as well
as supervised wholesome recreation, with
a balanced program of supervised play,
mental stimulation activities, and group
activities with peers;
(e) A sanctuary for abused, neglected or
exploited children either in one child
institution in the barangay and/or network
of sanctuary-homes which will take in
children in urgent need of protection due
to a situation which endangers the child or
which has exposed the child to cruelty and
abuse: provided, that the day care center,
with the help and support of the barangay
chairman and their barangay-level support
systems, may call upon law enforcement
agencies when the child needs to be rescued
from an unbearable home situation;
(f) A referral and support system for pregnant
mothers for prenatal and neonatal care
and, in the proper case, for delivery of the
infant under conditions which will remove
or minimize risk to mother and child.
Provided, that high-risk mothers shall be
referred to the proper tertiary or secondary
care service personnel and children who
are at risk from any condition or illness will
be brought for care: provided, further, that
the day care center shall be alert to illegal
abortions and incompetent and untrained
hilots so that they are provided the needed
basic training for normal delivery and are
trained to recognize high-risk pregnancies
which should be referred to competent
obstetrical and pediatric medical care for
mother and child who are at risk; and
(g) A support system and network of
assistance from among the members of
the barangay for the total development
and protection of children.
Section 4. Implementing Agency. The program shall be
implemented by the barangay.
The sangguniang barangay may call upon
private volunteers, who are responsible
members of the community, and utilize them
to assist in the care of children and provide
consultative services for medical, educational,
and other needs of the children.
Section 5. Functions of the Department of Social Welfare
and Development. The Department shall:
(a) Formulate the criteria for the selection,
qualifcations, and training accreditation
of barangay day care workers and the
standards for the implementation of the
total development and protection of
children program;
(b) Coordinate activities of nongovernment
organizations with the day care
workers and other social workers of the
Department in order that their services
may be fully utilized for the attainment
of the program goals; and
(c) Protect and assist abused, neglected or
exploited children and secure proper
government assistance for said children.
Section 6. Funds for the Center, the Program and Day Care
Workers.
(a) The funds for the establishment,
maintenance and operation of barangay
day care centers shall be appropriated
from the national budget and shall
be included in the annual General
Appropriations Act as part of the budget
Development.
(b) The province, city or municipality
concerned shall provide fnancial assistance
for the establishment of every barangay day
care center within their respective locality.
(c) Barangay day care workers in accredited
day care centers shall receive a monthly
allowance of not less than Five hundred
pesos (P500.00) to be charged to the
annual appropriations of the Department
of Social Welfare and Development.
(d) In order to carry out the provisions of this
Act, the amount needed for the program
and day care workers shall be appropriated
in the General Appropriations Act of the
year following its enactment into law.
(e) A portion of health programs available to
the Philippines under offcial aid or offcial
debt arrangements from foreign countries,
the amount to be determined by the Offce
of the President, shall be extended in
support of the day care centers.
Section 7. Repealing Clause. All laws, decrees, rules and
regulations, and executive orders contrary
to or inconsistent with this Act are hereby
repealed or modifed accordingly.
Section 8. Effectivity. This Act shall take effect upon
its approval and completion of its publication
in at least two (2) national newspapers of
Approved:November 23, 1990
Metro Manila
Ninth Congress

June 17, 1992
AN ACT PROVIDING FOR
STRONGER DETERRENCE AND
SPECIAL PROTECTION
AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION,
ARTICLE I
Title, Policy, Principles and Defnitions of Terms
Section 1. Title. This Act shall be known as theSpecial
Protection of Children Against Abuse,
Exploitation and Discrimination Act.
Section 2. Declaration of State Policy and Principles. It is
hereby declared to be the policy of the State to
provide special protection to children from all
forms of abuse, neglect, cruelty, exploitation
and discrimination and other conditions
prejudicial to their development; provide
sanctions for their commission and carry out
a program for prevention and deterrence
of and crisis intervention in situations of child
abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when
the parent, guardian, teacher or person having
care or custody of the child fails or is unable
to protect the child against abuse, exploitation
and discrimination or when such acts against
the child are committed by the said parent,
guardian, teacher or person having care and
custody of the same.
It shall be the policy of the State to protect
and rehabilitate children gravely threatened or
endangered by circumstances which affect or
will affect their survival and normal development
and over which they have no control.
The best interests of children shall be the
paramount consideration in all actions
concerning them, whether undertaken by
public or private social welfare institutions,
courts of law, administrative authorities, and
legislative bodies, consistent with the principle
of First Call for Children as enunciated in the
United Nations Convention of the Rights
of the Child. Every effort shall be exerted to
promote the welfare of children and enhance
their opportunities for a useful and happy life.
Section 3. Defnition of Terms.
(a) Children refers to a person below eighteen
(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition;
(b) Child abuse refers to the maltreatment,
whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse,
neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his
basic needs for survival, such as food
and shelter; or
(4) Failure to immediately give medical
treatment to an injured child resulting
in serious impairment of his growth
and development or in his permanent
incapacity or death.
(c) Circumstances which gravely threaten
or endanger the survival and normal
development of children include, but
are not limited to, the following;
(1) Being in a community where there is
armed confict or being affected by
armed confict-related activities;
(2) Working under conditions hazardous
to life, safety and normal which
unduly interfere with their normal
development;
(3) Living in or fending for themselves
in the streets of urban or rural areas
without the care of parents or a
guardian or basic services needed for
a good quality of life;
(4) Being a member of an indigenous
cultural community and/or living
under conditions of extreme poverty
or in an area which is underdeveloped
and/or lacks or has inadequate access
to basic services needed for a good
quality of life;
(5) Being a victim of a man-made or
natural disaster or calamity; or
(6) Circumstances analogous to those
abovestated which endanger the life,
safety or normal development of
children.
(d) Comprehensive program against child
abuse, exploitation and discrimination
refers to the coordinated program of
services and facilities to protect children
against:
(1) Child Prostitution and other sexual abuse;
(2) Child traffcking;
(3) Obscene publications and indecent
shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or
endanger the survival and normal
development of children.
ARTICLE II
Program on Child Abuse,
Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a
comprehensive program to be formulated, by
the Department of Justice and the Department
of Social Welfare and Development in
coordination with other government agencies
and private sector concerned, within one
(1) year from the effectivity of this Act, to
protect children against child prostitution and
other sexual abuse; child traffcking, obscene
publications and indecent shows; other acts of
abuse; and circumstances which endanger child
survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse.
Children, whether male or female, who for
money, proft, or any other consideration
or due to the coercion or infuence of any
adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed
to be children exploited in prostitution and
other sexual abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child
prostitute;
(2) Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or
relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a
child to engage him as a prostitute; or
(5) Giving monetary consideration
goods or other pecuniary beneft to a
child with intent to engage such child
in prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject
to other sexual abuse; Provided, That
when the victim is under twelve (12)
years of age, the perpetrators shall be
prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No. 3815,
as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious
conduct when the victim is under twelve
(12) years of age shall be reclusion temporal
in its medium period; and
(c) Those who derive proft or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as
a cover or which engages in prostitution in
addition to the activity for which the license
has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is
an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person
who, not being a relative of a child, is found
alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded
area under circumstances which would lead a
reasonable person to believe that the child is
about to be exploited in prostitution and other
sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from
a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments.
A penalty lower by two (2) degrees than that
prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
ARTICLE IV
Child Traffcking
Section 7. Child Traffcking. Any person who shall
engage in trading and dealing with children
including, but not limited to, the act of
buying and selling of a child for money, or
for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be
imposed in its maximum period when the
victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Traffcking. There
is an attempt to commit child traffcking
under Section 7 of this Act:
(a) When a child travels alone to a foreign
country without valid reason therefor and
without clearance issued by the Department
of Social Welfare and Development or
written permit or justifcation from the
childs parents or legal guardian;
(c) When a person, agency, establishment or
child-caring institution recruits women
or couples to bear children for the
purpose of child traffcking; or
(d) When a doctor, hospital or clinic offcial
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child traffcking; or
(e) When a person engages in the act of fnding
children among low-income families,
hospitals, clinics, nurseries, day-care centers,
or other child-during institutions who can be
offered for the purpose of child traffcking.
A penalty lower two (2) degrees than that
prescribed for the consummated felony
under Section 7 hereof shall be imposed
upon the principals of the attempt to commit
child traffcking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any
person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or
in video, or model in obscene publications or
pornographic materials or to sell or distribute
the said materials shall suffer the penalty of
prision mayor in its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years
of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in
any capacity with the care of a child who shall
cause and/or allow such child to be employed
or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by
this section shall suffer the penalty of prision
mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to
the Childs Development.
(a) Any person who shall commit any other
acts of child abuse, cruelty or exploitation
or to be responsible for other conditions
prejudicial to the childs development
including those covered by Article 59 of
Presidential Decree No. 603, as amended,
but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of
prision mayor in its minimum period.
(b) Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior
in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/
or other tourist resort or similar places shall
suffer the penalty of prision mayor in its
maximum period and a fne of not less than
Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any
person who is related within the fourth
degree of consanguinity or affnity or any
bond recognized by law, local custom and
tradition or acts in the performance of a
social, moral or legal duty..
(c) Any person who shall induce, deliver or
offer a minor to any one prohibited by
this Act to keep or have in his company
a minor as provided in the preceding
paragraph shall suffer the penalty of
prision mayor in its medium period and a
fne of not less than Forty thousand pesos
(P40,000); Provided, however, That
should the perpetrator be an ascendant,
stepparent or guardian of the minor, the
penalty to be imposed shall be prision
mayor in its maximum period, a fne of not
less than Fifty thousand pesos (P50,000),
and the loss of parental authority over
the minor.
(d) Any person, owner, manager or one
entrusted with the operation of any public
or private place of accommodation,
whether for occupancy, food, drink or
otherwise, including residential places,
who allows any person to take along with
him to such place or places any minor
herein described shall be imposed a
penalty of prision mayor in its medium
period and a fne of not less than Fifty
thousand pesos (P50,000), and the loss
of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force
or intimidate a street child or any other
child to;
(1) Beg or use begging as a means of
living;
(2) Act as conduit or middlemen in drug
traffcking or pushing; or
(3) Conduct any illegal activities,
shall suffer the penalty of prision
correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for
the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and
serious physical injuries, respectively, shall
be reclusion perpetua when the victim is
under twelve (12) years of age. The penalty
for the commission of acts punishable under
Article 337, 339, 340 and 341 of Act No.
3815, as amended, the Revised Penal Code,
for the crimes of qualifed seduction, acts
of lasciviousness with the consent of the
offended party, corruption of minors, and
white slave trade, respectively, shall be one
(1) degree higher than that imposed by law
when the victim is under twelve (12) years
age.
The victim of the acts committed under
this section shall be entrusted to the care
Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting
Child Prostitution and Other Sexual Abuse, Child
Traffcking, Obscene Publications and Indecent Shows,
and Other Acts of Abuse. All establishments
and enterprises which promote or facilitate
child prostitution and other sexual abuse, child
traffcking, obscene publications and indecent
shows, and other acts of abuse shall be immediately
closed and their authority or license to operate
cancelled, without prejudice to the owner or
manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended,
or special laws. A sign with the words off limits
shall be conspicuously displayed outside the
establishments or enterprises by the Department
of Social Welfare and Development for such period
which shall not be less than one (1) year, as the
Department may determine. The unauthorized
removal of such sign shall be punishable by prision
correccional.
An establishment shall be deemed to promote
or facilitate child prostitution and other sexual
abuse, child traffcking, obscene publications
and indecent shows, and other acts of abuse
if the acts constituting the same occur in the
premises of said establishment under this Act
or in violation of the Revised Penal Code,
as amended. An enterprise such as a sauna, travel
agency, or recruitment agency which: promotes
the aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults
of the same or opposite sex and said services
include any lascivious conduct with the customers;
or solicits children or activities constituting the
aforementioned acts shall be deemed to have
committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below ffteen
(15) years of age may be employed except:
(1) When a child works directly under the sole
responsibility of his parents or legal guardian
and where only members of the employers
family are employed: Provided, however,
That his employment neither endangers
his life, safety and health and morals, nor
impairs his normal development: Provided,
further, That the parent or legal guardian
shall provide the said minor child with
the prescribed primary and/or secondary
education; or
(2) When a childs employment or participation
in public & entertainment or information
through cinema, theater, radio or television
is essential: Provided, The employment
contract concluded by the childs parent
or guardian, with the express agreement
of the child concerned, if possible, and the
approval of the Department of Labor and
Employment: Provided, That the following
requirements in all instances are strictly
complied with:
(a) The employer shall ensure the
protection, health, safety and morals of
the child;
(b) The employer shall institute measures
to prevent the childs exploitation or dis-
crimination taking into account the sys-
tem and level of remuneration, and the
duration and arrangement of working
time; and;
(c) The employer shall formulate and imple-
ment, subject to the approval and supervi-
sion of competent authorities, a continuing
program for training and skill acquisition of
the child.
In the above exceptional cases where any
such child may be employed, the employer
shall frst secure, before engaging such child,
a work permit from the Department of
Labor and Employment which shall ensure
observance of the above requirement.
The Department of Labor Employment
shall promulgate rules and regulations
necessary for the effective implementation
of this Section.
Section 13. Non-formal Education for Working Children.
The Department of Education, Culture and
Sports shall promulgate a course design
under its non-formal education program
aimed at promoting the intellectual, moral
and vocational effciency of working
children who have not undergone or fnished
elementary or secondary education. Such
course design shall integrate the learning
process deemed most effective under given
circumstances.
Section 14. Prohibition on the Employment of Children in
Certain Advertisements. No person shall
employ child models in all commercials
or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and
its byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply
with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate
any provision of this Article shall suffer
the penalty of a fne of not less than One
thousand pesos (P1,000) but not more
than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3)
months but not more than three (3) years, or
both at the discretion of the court; Provided,
That, in case of repeated violations of the
provisions of this Article, the offenders
license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In
addition to the rights guaranteed to children
under this Act and other existing laws,
children of indigenous cultural communities
shall be entitled to protection, survival
and development consistent with the
customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The
shall develop and institute an alternative
system of education for children of indigenous
cultural communities which culture-
specifc and relevant to the needs of and the
existing situation in their communities. The
shall also accredit and support non-formal but
functional indigenous educational programs
conducted by non-government organizations
in said communities.
Section 19. Health and Nutrition. The delivery of basic
social services in health and nutrition to
shall be given priority by all government
agencies concerned. Hospitals and other
health institution shall ensure that children
of indigenous cultural communities are given
equal attention. In the provision of health and
nutrition services to children of indigenous
cultural communities, indigenous health
practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous
cultural communities shall not be subjected to
any and all forms of discrimination.
Any person who discriminate against
shall suffer a penalty of arresto mayor in its
maximum period and a fne of not less than
Five thousand pesos (P5,000) more than Ten
thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural
communities, through their duly-designated
or appointed representatives shall be involved
in planning, decision-making implementation,
and evaluation of all government programs
affecting children of indigenous cultural
communities. Indigenous institution shall also
be recognized and respected.
ARTICLE X
Children in Situations of Armed Confict
Section 22. Children as Zones of Peace. Children are
hereby declared as Zones of Peace. It shall be
the responsibility of the State and all other
sectors concerned to resolve armed conficts
in order to promote the goal of children as
zones of peace. To attain this objective, the
following policies shall be observed.
(a) Children shall not be the object of attack
and shall be entitled to special respect.
They shall be protected from any form
of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to
become members of the Armed Forces
of the Philippines of its civilian units
or other armed groups, nor be allowed
to take part in the fghting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such
as education, primary health and
emergency relief services shall be kept
unhampered;
(d) The safety and protection of those
who provide services including those
involved in fact-fnding missions from
both government and non-government
institutions shall be ensured. They shall
not be subjected to undue harassment in
the performance of their work;
(e) Public infrastructure such as schools,
hospitals and rural health units shall not
be utilized for military purposes such as
command posts, barracks, detachments,
and supply depots; and
(f) All appropriate steps shall be taken
to facilitate the reunion of families
temporarily separated due to armed
confict.
Section 23. Evacuation of Children During Armed
Confict. Children shall be given priority
during evacuation as a result of armed
confict. Existing community organizations
shall be tapped to look after the safety and
well-being of children during evacuation
operations. Measures shall be taken to ensure
that children evacuated are accompanied by
persons responsible for their safety and well-
being.
Section 24. Family Life and Temporary Shelter. Whenever
possible, members of the same family
shall be housed in the same premises and
given separate accommodation from other
evacuees and provided with facilities to lead
a normal family life. In places of temporary
shelter, expectant and nursing mothers and
children shall be given additional food in
proportion to their physiological needs.
Whenever feasible, children shall be given
opportunities for physical exercise, sports
and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related
to Armed Confict. Any child who has been
arrested for reasons related to armed confict,
either as combatant, courier, guide or spy is
entitled to the following rights;
(a) Separate detention from adults except
where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the
parents or guardians of the child; and
(d) Release of the child on recognizance
within twenty-four (24) hours to the
custody of the Department of Social
Welfare and Development or any
responsible member of the community as
determined by the court.
If after hearing the evidence in the proper
proceedings the court should fnd that the
aforesaid child committed the acts charged
against him, the court shall determine the
imposable penalty, including any civil liability
chargeable against him. However, instead
of pronouncing judgment of conviction, the
court shall suspend all further proceedings
and shall commit such child to the custody or
care of the Department of Social Welfare and
Development or to any training institution
operated by the Government, or duly-licensed
agencies or any other responsible person, until
he has had reached eighteen (18) years of age
or, for a shorter period as the court may deem
proper, after considering the reports and
recommendations of the Department of Social
Welfare and Development or the agency or
responsible individual under whose care he has
been committed.
The aforesaid child shall be subject to
visitation and supervision by a representative
Development or any duly-licensed agency or
such other offcer as the court may designate
subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended
can appeal from the order of the court in the
same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in
Situations of Armed Confict. The chairman
of the barangay affected by the armed confict
shall submit the names of children residing in
said barangay to the municipal social welfare
and development offcer within twenty-four
(24) hours from the occurrence of the armed
confict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on
cases of unlawful acts committed against the
children as enumerated herein may be fled
by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within
the third degree of consanguinity;
(d) Offcer, social worker or representative
of a licensed child-caring institution;
(e) Offcer or social worker of the Department
of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible
citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended
party shall be immediately placed under the
protective custody of the Department of
Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In
the regular performance of this function, the
offcer of the Department of Social Welfare
and Development shall be free from any
administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the
provisions of Presidential Decree No. 603.
Section 29. Confdentiality. At the instance of the
offended party, his name may be withheld
from the public until the court acquires
jurisdiction over the case.
It shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed
materials, announcer or producer in case of
television and radio broadcasting, producer
and director of the flm in case of the movie
industry, to cause undue and sensationalized
publicity of any case of violation of this Act
which results in the moral degradation and
suffering of the offended party.
Section 30. Special Court Proceedings. Cases involving
violations of this Act shall be heard in the
chambers of the judge of the Regional
Trial Court duly designated as Juvenile and
Domestic Court.
Any provision of existing law to the contrary
notwithstanding and with the exception
of habeas corpus, election cases, and cases
involving detention prisoners and persons
covered by Republic Act No. 4908, all courts
shall give preference to the hearing or
disposition of cases involving violations of
this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall
be imposed in its maximum period if the
offender has been previously convicted
under this Act;
(b) When the offender is a corporation,
partnership or association, the offcer or
employee thereof who is responsible for
the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be
imposed in its maximum period when
the perpetrator is an ascendant, parent
guardian, stepparent or collateral relative
within the second degree of consanguinity
or affnity, or a manager or owner of an
establishment which has no license to
operate or its license has expired or has
been revoked;
(d) When the offender is a foreigner, he shall
be deported immediately after service of
sentence and forever barred from entry
to the country;
(e) The penalty provided for in this Act
shall be imposed in its maximum period
if the offender is a public offcer or
employee: Provided, however, That if the
penalty imposed is reclusion perpetua
or reclusion temporal, then the penalty
of perpetual or temporary absolute
disqualifcation shall also be imposed:
Provided, fnally, That if the penalty
imposed is prision correccional or arresto
mayor, the penalty of suspension shall
also be imposed; and
(f) A fne to be determined by the court shall
be imposed and administered as a cash
fund by the Department of Social Welfare
and Development and disbursed for the
rehabilitation of each child victim, or any
immediate member of his family if the latter
is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise
provided in this Act, the Department
of Justice, in coordination with the
Department of Social Welfare and
Development, shall promulgate rules and
regulations of the effective implementation
of this Act.
Such rules and regulations shall take effect
upon their publication in two (2) national
newspapers of general circulation.
Section 33. Appropriations. The amount necessary
to carry out the provisions of this Act is
hereby authorized to be appropriated in
the General Appropriations Act of the
year following its enactment into law and
thereafter.
Section 34. Separability Clause. If any provision of this
Act is declared invalid or unconstitutional,
the remaining provisions not affected
thereby shall continue in full force and
effect.
Section 35. Repealing Clause. All laws, decrees, or
rules inconsistent with the provisions of
this Acts are hereby repealed or modified
accordingly.
Section 36. Effectivity Clause. This Act shall take effect
upon completion of its publication in at
least two (2) national newspapers of general
circulation.
Approved:June 17, 1992
Metro Manila
Twelfth Congress
second day of July, two thousand three.
February 26, 2004
AN ACT GRANTING ADDITIONAL BENEFITS
AND PRIVILEGES TO SENIOR CITIZENS
AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7432,
OTHERWISE KNOWN AS AN ACT TO
MAXIMIZE THE CONTRIBUTION OF SENIOR
CITIZENS TO NATION BUILDING, GRANT
BENEFITS AND SPECIAL PRIVILEGES AND
FOR OTHER PURPOSES
Section 1. This Act shall be known as the Expanded Senior
Citizens Act of 2003.
Section 2. Republic Act. No. 7432 is hereby amended to
read as follows:
Section 1. Declaration of Policies and
Objectives. Pursuant to Article XV, Section 4
of the Constitution, it is the duty of the family
to take care of its elderly members while the
State may design programs of social security
for them. In addition to this, Section 10 in
the Declaration of Principles and State Policies
provides: The State shall provide social justice
in all phases of national development. Further,
Article XIII, Section 11 provides:
The State shall adopt an integrated and
comprehensive approach to health and other
social services available to all the people at
affordable cost. There shall be priority for the
needs of the underpriviledged, sick, elderly,
disabled, women and children. Consonant
with these constitution principles the following
are the declared policies of this Act:
(a) To motivate and encourage the senior
citizens to contribute to nation building;
(b) To encourage their families and the
communities they live with to reaffrm
the valued Filipino tradition of caring for
the senior citizens;
(c) To give full support to the improvement
of the total well-being of the elderly
and their full participation in society
considering that senior citizens are
integral part of Philippine society;
(d) To recognize the rights of senior citizens
to take their proper place in society.
This must be the concern of the family,
community, and government;
(e) To provide a comprehensive health care
and rehabilitation system for disabled senior
citizens to foster their capacity to attain a
more meaningful and productive ageing; and
(f) To recognize the important role of the
private sector in the improvement of the
welfare of senior citizens and to actively
seek their partnership.
In accordance with these policies, this Act
aims to:
(1) establish mechanism whereby the
contribution of the senior citizens are
maximized;
(2) adopt measures whereby our senior
citizens are assisted and appreciated by
the community as a whole;
(3) establish a program benefcial to the
senior citizens, their families and the rest of
the community that they serve; and
(4) establish community-based health and
rehabilitation programs in every political
unit of society.
Section 2. Defnition of Terms. For purposes
of this Act, these terms are defned as follows:
(a) Senior citizen or elderly shall mean
any resident citizen of the Philippines at
least sixty (60) years old;
(b) Benefactor shall mean any person whether
related to the senior citizens or not who
takes care of him/her as a dependent;
(c) Head of the family shall mean any person
so defned in the National Internal Revenue
Code, as amended; and
(d) Geriatrics shall refer to the branch of
medical science devoted to the study of
the biological and physical changes and
the diseases of old age.
Section 3. Contribution to the Community.
Any qualified senior citizen as
determined by the Office for Senior
Citizens Affairs (OSCA) may render his/
her services to the community which
shall consist of, but not limited to, any
of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of
hobbies and income generating skills;
(c) Lectures on specialized fields like
agriculture, health, environment
protection and the like;
(d) The transfer of new skills acquired by
virtue of their training mentioned in
Section 4, paragraph (d); and
(e) Undertaking other appropriate services
as determined by the Offce for Senior
Citizens Affairs (OSCA) such as school
traffc guide, tourist aide, pre-school
assistant, etc.
In consideration of the services rendered by
the qualifed elderly, the Offce for Senior
Citizens Affairs (OSCA) may award or
grant benefts or privileges to the elderly, in
addition to the other privileges provided for
under this Act.
Section 4. Privileges for the Senior Citizens.
The senior citizens shall be entitled to the
following:
(a) the grant of twenty percent (20%)
discount from all establishments relative
to the utilization of services in hotels
and similar lodging establishment,
restaurants and recreation centers,
and purchase of medicines in all
establishments for the exclusive use or
enjoyment of senior citizens, including
funeral and burial services for the death
of senior citizens;
(b) a minimum of twenty percent (20%)
discount on admission fees charged by
theaters, cinema houses and concert
halls, circuses, carnivals, and other similar
places of culture, leisure and amusement
for the exclusive use or enjoyment of
senior citizens;
(c) exemption from the payment of individual
income taxes: Provided, That their
annual taxable income does not exceed
the poverty level as determined by the
National Economic and Development
Authority (NEDA) for that year;
(d) exemption from training fees for
socioeconomic programs;
(e) free medical and dental service,
diagnostic and laboratory fees such as,
but not limited to, x-rays, computerized
tomography scans and blood tests,
in all government facilities, subject
to the guidelines to be issued by the
Department of Health in coordination
with the Philippine Health Insurance
Corporation (PHILHEALTH);
(f) the grant of twenty percent (20%) discount
on medical and dental services, and
diagnostic and laboratory fees provided
under Section 4 (e) hereof, including
professional fees of attending doctors in all
private hospitals and medical facilities, in
accordance with the rules and regulations
to be issued by the Department of Health,
in coordination with the Philippine Health
Insurance Corporation;
(g) the grant of twenty percent (20%)
discount in fare for domestic air and sea
travel for the exclusive use or enjoyment
of senior citizens;
(h) the grant of twenty percent (20%)
discount in public railways, skyways
and bus fare for the exclusive use and
enjoyment of senior citizens;
(i) educational assistance to senior citizens
to pursue post secondary, tertiary, post
tertiary, as well as vocational or technical
education in both public and private
schools through provision of scholarship,
grants, fnancial aid subsidies and other
incentives to qualifed senior citizens,
including support for books, learning
materials, and uniform allowance, to the
extent feasible: Provided, That senior
citizens shall meet minimum admission
requirement;
(j) to the extent practicable and feasible,
the continuance of the same benefts
and privileges given by the Government
Service Insurance System (GSIS), Social
Security System (SSS) and PAG-IBIG, as
the case may be, as are enjoyed by those
in actual service.
(k) retirement benefts of retirees from
both the government and private sector
shall be regularly reviewed to ensure
their continuing responsiveness and
sustainability, and to the extent practicable
and feasible, shall be upgraded to be at
par with the current scale enjoyed by
those in actual service.
(l) to the extent possible, the government may
grant special discounts in special programs
for senior citizens on purchase of basic
commodities, subject to the guidelines to be
issued for the purpose by the Department
of Trade and Industry (DTI) and the
Department of Agriculture (DA); and
(m) provision of express lanes for senior
citizens in all commercial and government
establishments; in the absence thereof,
priority shall be given to them.
In the availment of the privileges mentioned
above, the senior citizen or elderly person
may submit as proof of his/her entitlement
thereto any of the following:
(a) an ID issued by the city or municipal
mayor or of the barangay captain of the
place where the senior citizen or the
elderly resides;
(b) the passport of the elderly person or
senior citizen concerned; and
(c) other documents that establish that
the senior citizen or elderly person is a
citizen of the Republic and is at least sixty
(60) years of age.
The establishment may claim the discounts
granted under (a), (f), (g) and (h) as tax
deduction based on the net cost of the
goods sold or services rendered: Provided
That the cost of the discount shall be
allowed as deduction from gross income
for the same taxable year that the discount
is granted. Provided, further, That the
total amount of the claimed tax deduction
net of value added tax if applicable, shall
be included in their gross sales receipts for
tax purposes and shall be subject to proper
documentation and to the provisions of
the National Internal Revenue Code, as
amended.
Section 5. Government Assistance. The
Government shall provide the following:
(a) Employment
Senior citizens who have the capacity and
desire to work, or be re-employed, shall
be provided information and matching
services to enable them to be productive
members of society. Terms of employment
shall conform with the provisions of the
labor code, as amended, and other laws,
rules and regulations.
Private entities that will employ
senior citizens as employees upon
effectivity of this Act, shall be entitled
to an additional deduction from their
gross income, equivalent to fifteen
percent (15%) of the total amount
paid as salaries and wages to senior
citizens subject to the provision of
Section 34 of the National Internal
Revenue Code, as amended: Provided,
however, That such employment shall
continue for a period of at least six
(6) months: Provider, further, that
the annual income of a senior citizen
does not exceed the poverty level as
determined by the National Economic
and Development Authority (NEDA)
for that year.
The Department of Labor and
Employment (DOLE), in coordination
with other government agencies such as
but not limited to, the Technology and
Livelihood Resource Center (TLRC)
and the Department and Trade and
Industry (DTI), shall assess, design and
implement training programs that will
provide skills and welfare or livelihood
support for senior citizens.
(b) Education
The Department of Education
(DepEd), Technical Education and Skill
Development Authority (TESDA) and
the Commission and Higher Education
(CHED), in consultation of non-
government organizations (NGOs) and
peoples organizations (Pos) for senior
citizen, shall institute a program that will
ensure access to formal and non-formal
education.
(c ) Health
The Department of Health (DOH), in
coordination with local government
units (LGUs), non-government
organizations (NGOs) and peoples
organizations (Pos) for senior
citizens, shall institute a national
health program and shall provide an
integrated health service for senior
citizens. It shall train community-
based health workers among senior
citizens and health personnel to
specialize in the geriatric care health
problems of senior citizens.
(d) Social Services
The Department of Social Welfare
and Development (DSWD), in
cooperation with the Office for
Senior Citizen affairs (OSCA) and
the local government units, non-
government organizations and peoples
organizations for senior citizens, shall
develop and implement programs on
social services for senior citizens, the
components of which are:
(1) self and social enhancement
services which provide senior
citizens opportunities for socializing,
organizing, creative expression, and
improvement of self;
(2) after care and follow-up services
which provide senior citizen who are
discharged from the home/institutions
for the aged, especially those who
have problems of reintegration with
family and community, wherein both
the senior citizens and their families
are provided with counseling;
(3) neighborhood support services:
wherein the community/family
members provide care giving services
to their frail, sick, or bedridden senior
citizens; and
(4) substitute family care in the form
of residential care/group homes for
the abandoned, neglected, unattached
or homeless senior citizens and those
incapable of self-care.
The grant of at least fifty percent
(50%) discount for the consumption
of electricity, water and telephone
by the senior citizens center and
residential care/group homes
that are non-stock, non-profit
domestic corporation organized
and operated exclusively for the
purpose of promoting of well-
being of abandoned, neglected,
unattached, or homeless senior
citizens.
(e) Housing
The national government shall include
in its national shelter program the special
housing needs of senior citizens, such as
establishment of housing units for the
elderly;
(f) Access to Public Transport
Communication (DOTC) shall develop a
program to assist senior citizens to fully
gain access in the use of public transport
facilities.
Further, the government shall provide
the following assistance to those
caring for and living with the senior
citizens:
(a) The senior citizen shall be treated
as dependents provided for in the
National Inter Revenue Code, as
amended, and as such, individual
taxpayers caring for them, be they
relatives or not shall be accorded
the privileges granted by the Code
insofar as having dependents are
concerned.
(b) Individuals or non-government
institutions establishing homes,
residential communities or
retirement villages solely for the
senior citizens shall be accorded the
following:
(1) realty tax holiday for the first five (5)
years starting from the first year of
operation;
(2) pri ori t y i n t he bui l di ng and/or
maintenance of the provincial or
municipal roads leading to the aforesaid
home, residential community or
retirement village.
Section 6. The Office for Senior Citizens
Affairs (OSCA). There shall be established
in all cities and municipalities an OSCA to
be headed by a senior citizen who shall be
appointed by the mayor for a term of three
(3) years without reappointment from a list
of three (3) nominees of the sangguniang
panlungsod or the sangguniang bayan.
The head of the OSCA shall be assisted by
the City Social Welfare and Development
Officer or the municipal social welfare
and development officer, in coordination
with the Social Welfare and Development
Office.
The Offce of the Mayor shall exercise super-
vision over the OSCA relative to their plans,
activities and programs for senior citizens.
The OSCA shall work together and establish
linkages with accredited NGOs, Pos, and the
barangays in their respective areas.
The offce for senior citizens affairs shall
(a) To plan, implement and monitor yearly
work programs in pursuance of the
objectives of this Act;
(b) To draw up a list of available and required
services which can provided by the senior
citizens;
(c) To maintain and regularly update
on a quarterly basis the list of senior
citizens and to issue nationally uniform
individual identification cards, free of
charge, which be valid anywhere in the
country;
(d) To service as a general information and
liaison center to serve the needs of the
senior citizens;
(e) To monitor compliance of the provisions
of this Act particularly the grant of
special discounts and privileges to senior
citizens;
(f) To report to the mayor, establishment
found violating any provision of this Act;
and
(g) To assist the senior citizens in fling
complaints or charges against any
establishment, institution, or agency
refusing to comply with the privileges
under this Act before the Department of
Justice or the provincial, city or municipal
trial court.
Section 7. Municipal/ City Responsibility.
It shall be the responsibility of the
municipal/city through the mayor to
require all establishment covered by this
Act to prominently display posters, stickers,
and other notices that will generate public
awareness of the right and privileges
of senior citizens and to ensure that the
provisions of this Act are implemented to
its fullest.
Section 8. Partnership of the National and
Local Government Units. The national
government and local government units
shall explore livelihood opportunities and
other undertaking to enhance the well-being
of senior citizens. They shall encourage the
establishment of grassroots organizations
for the elderly in their respective territorial
jurisdictions.
Section 9. Support for Non-Governmental
Organizations (NGOs). Non-governmental
organizations or private volunteer
organizations dedicated to the promotions,
enhancement and support of the welfare
of senior citizens are hereby encouraged
to become partners of government in the
implementation of program and projects for
the elderly.
According, the government shall
recognize the vital role of NGOs in
complementing the government in the
delivery of services to senior citizens. It
shall likewise encourage NGOs for the
senior citizens to develop innovative
service models and pilots projects and
to assist in the duplication of successful
examples of these models elsewhere in
the country.
Section 10. Penalties. Any person who
violates any provision of this Act shall suffer
the following penalties:
(1) For the first violation, a fine of
(P50,000.00) but not exceeding One
and imprisonment of not less than six
(6) months but not more than two (2)
years; and
(2) For any subsequent violation, a fine of
not less than One hundred thousand
pesos (P100,000.00) but exceeding
Two hundred thousand pesos
(P200,000.00) and imprisonment for
not less than two (2) years but not less
than six (6) years.
Any person who abuses the privileges
a fine of not less than Five thousand
pesos (P5,000.00) but not more than
Fifty thousand pesos (P50,000.00), and
months.
If the offender is a corporation,
official thereof directly involved shall be
liable therefore.
If the offender is an alien or a foreigner, he
shall be deported immediately after service
of sentence without further deportation
proceedings.
Upon flling an appropriate complaint, and
after due notice and hearing, the proper
authorities may also cause the cancellation or
revocation of the business permit, permit to
operate, franchise and other similar privileges
granted to any business entity that fails to abide
by the provisions of this Act.
Section 11. Monitoring and Coordinating
Mechanism. A monitoring and
coordinating mechanism shall be
established to be chaired by the DSWD,
with the assistance of the Department
of Justice (DOJ), Department of Health
(DOH), Department of the Interior and
Local Government (DILG), and five (5)
accredited NGOs representing but not
limited to, women, urban poor, rural poor,
and the veterans.
Section 12. Implementing Rules and
Regulations. The Secretary of Social
Welfare and Development, within sixty
(60) days from the approval of this Act,
shall promulgate the implementing,
rules and regulations for the effective
implementation of the provisions of this
Act. In consultation and coordination with
the following agencies and offices:
(a) Department of Health;
(b) Department of Labor and Employment;
(c) Department of Education;
(d) Department of Transportation and
Communications;
(e) Department of Justice;
(f) Department of Interior and Local
Government;
(g) Department of Trade and Industry;
(h) Department of Finance;
(i) Commission of Higher Education;
(j) Technical Education and Skills
Development Authority;
(k) National Economic and Development
Authority;
(l) Housing and Urban Development
Coordinating Council; and
(m) Five (5) non-governmental organizations
of peoples organizations for the
senior citizens duly accredited by the
DSWD.
Section 13. Appropriation. The
necessary appropriation for the operation
and maintenance of the OSCA shall
be appropriated and approved by the
local government units concerned.
The amount necessary to carry out the
provisions of this Act upon its effectivity
shall be charged out of the funds of the
Office of the President. Thereafter,
any such sum as shall be needed for
the regular implementation of this
Act shall be included in subsequent
General Appropriations Act following
its enactment into law.
Section 3. All laws, presidential decrees, executive
orders and rules and regulations or part
thereof, contrary to, or inconsistent with the
provisions of this Act, are hereby repealed or
modifed accordingly.
Section 4. 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.
Section 5. This Act shall take effect fifteen (15)
days after its complete publication in any
two (2) national newspapers of general
circulation.
Approved,
FRANKLIN DRILON
JOSE DE VENECIA JR.
This Act, which is a consolidation of Senate Bill No.
2395 and House Bill No. 5987, was finally passed
by the Senate and the House of Representatives on
December 16, 2003.
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: February 26, 2004
GLORIA MACAPAGAL-ARROYO
DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENT
Batasan Pambansa,
Quezon City
RESOLUTION
Series of 2004
APPROVING AND ADOPTING
THE IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO. 9257,
OTHERWISE KNOWN AS
THE EXPANDED SENIOR CITIZENS
ACT OF 2003
WHEREAS, the President signed into law on February
26, 2004 Republic Act No. 9257, known as An Act
Granting Additional Benefts and Privileges to Senior
Citizens Amending for the Purpose Republic Act No.
7432, Otherwise known as An Act To Maximize The
Contribution of Senior Citizens to Nation Building,
Grant Benefts And Special Privileges And For Other
Purposes ;
WHEREAS , S e c t i o n 1 2 s t i p u l a t e s t h a t
the Secretary of Department of Social Welfare
and Development (DSWD) shall promulgate the
Implementing Rules and Regulations in consultation
and coordination with the following agencies
and offices: Secretary of Department of Health
(DOH), Secretary, Department of Labor and
Employment (DOLE), Secretary, Department of
Education (DepEd), Secretary, Department of
Transportation and Communications (DOTC),
Secretary, Department of Justice (DOJ), Secretary,
Department of Interior and Local Government
(DILG), Secretary, Department of Finance (DOF),
Commissioner, Commission on Higher Education
(CHED), Director-General, Technical Education and
Skills Development Authority (TESDA), Director-
General, National Economic and Development
Authority (NEDA), Chairman, Housing and Urban
Development Coordinating Council (HUDCC), and
five (5) Non-government Organizations or Peoples
Organizations for the senior citizens duly accredited
by the DSWD;
WHEREAS, this IRR is the product of several
consultations and active participation of the different
government agencies, business sector, non-government
organizations (NGOs), peoples organizations (POs) and
the senior citizens themselves;
NOW, THEREFORE, BE IT RESOLVED, AS IT
IS HEREBY RESOLVED, to approve and adopt the
Rules and Regulations Implementing RA no. 9257,
otherwise known as the Expanded Senior Citizens
Act of 2003;
RESOLVED FURTHER that these Implementing
Rules and Regulations shall be published in two (2)
newspapers of general circulation and filed with the
Administrative Registrar, University of the Philippines
Law Center as required under the Administrative
Code of 1987.
RULES AND REGULATIONS
IMPLEMENTING REPUBLIC ACT NO. 9257,
AN ACT GRANTING ADDITIONAL BENEFITS
AND PRIVILEGES TO SENIOR CITIZENS
AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 7432, OTHERWISE KNOWN AS AN
ACT TO MAXIMIZE THE CONTRIBUTION OF
SENIOR CITIZENS TO NATION BUILDING,
GRANT BENEFITS AND SPECIAL PRIVILEGES
Pursuant to Section 12 of Republic Act No. 9257
otherwise known as Expanded Senior Citizens Act of
2003, the following Rules and Regulations are hereby
promulgated to implement the provisions of said Act.
RULE I
TITLE, PURPOSE AND CONSTRUCTION
ARTICLE 1. Title. These Rules shall be known
and cited as the Rules and Regulations
Implementing Republic Act No. 9257, An Act
Granting Additional Benefts and Privileges
to Senior Citizens Amending for the Purpose
Republic Act No. 7432, Otherwise Known
As An Act To Maximize The Contribution
of Senior Citizens to Nation Building, Grant
Benefts and Special Privileges and for Other
Purposes also known as Expanded Senior
Citizens Act of 2003, hereinafter referred to
as the Act.
ARTICLE 2. Purpose. These Rules are promulgated to
prescribe the procedures and guidelines
for the implementation of RA No. 9257 in
order to facilitate compliance therewith and
to achieve the objectives thereof.
ARTICLE 3. Construction. These Rules shall be construed and
applied in accordance with and in furtherance of
the policies and objectives of the law. In case of
confict or ambiguity, which may arise in the
implementation of these Rules, the concerned
agencies shall issue the necessary clarifcation.
In case of doubt, the same shall be construed
liberally and in favor of the benefciaries.
RULE II
DECLARATION OF POLICIES
AND OBJECTIVES
ARTICLE 4. Declaration of Policies and Objectives. Pursuant
to Article XV, Section 4 of the Constitution,
it is the duty of the family to take care of its
elderly members while the State may design
programs of social security for them. In
addition to this, Section 10 in the Declaration
of Principles and State Policies provides: The
State shall provide social justice in all phases of
national development. Further, Article XIII,
Section 11 provides: The State shall adopt
an integrated and comprehensive approach to
health development which shall endeavor to
make essential goods, health and other social
services available to all the people at
affordable cost. There shall be priority
for the needs of the underprivileged, sick,
elderly, disabled, women and children.
Section 1. Policies. - Consonant with these constitutional
principles the following are the declared
policies of the Act:
(a) To motivate and encourage the senior
citizens to contribute to nation building;
(b) To encourage their families and the
communities they live with to reaffrm
the valued Filipino traditions of caring
for the senior citizens;
(c) To give full support to the improvement
of the total well-being of the elderly
and their full participation in society
considering that senior citizens are
integral part of Philippine society;
(d) To recognize the rights of senior citizens
to take their proper place in society.
This must be the concern of the
family, community, and government;
(e) To provide a comprehensive health
care and rehabilitation system for
disabled senior citizens to foster their
capacity to attain a more meaningful
and productive ageing; and
(f) To recognize the important role of the
private sector in the improvement of the
welfare of senior citizens and to actively
seek their partnership.
Section 2. Objectives. - In accordance with these
policies, the Act aims to:
(a) Establish mechanisms whereby the
contribution of the senior citizens are
maximized;
(b) Adopt measures whereby our senior
citizens are assisted and appreciated by
the community as a whole;
(c) Establish a program benefcial to the
senior citizens, their families and the rest
of the community that they serve; and
(d) Establish community-based health
and rehabilitation programs in every
political unit of society.
RULE III
DEFINITION OF TERMS
ARTICLE 5. Defnition of Terms. For purposes of these
Rules and Regulations, these terms are
defned as follows:
5.1 SENIOR CITIZEN OR ELDERLY-
refers to any resident citizen of the
Philippines at least sixty (60) years old.
5.2 BENEFACTOR refers to any person
whether related to the senior citizen
or not who takes care of him/her as a
dependent.
5.3 HEAD OF THE FAMILY shall mean
any person so defned in the National
Internal Revenue Code, as amended.
5.4 GERIATRICS - refers to the branch of
medical science devoted to the study of
the biological and physical changes and
the diseases of old age;
5.5 IDENTIFICATION DOCUMENT
refers to any document or proof of being a
senior citizen which shall be used for the
availment of benefts and privileges under
the law, such as the following:
a) Identifcation card issued by the City
or Municipal Mayor/Offce of Senior
Citizens Affairs (OSCA) or of the
barangay captain of the place where the
senior citizen or the elderly resides;
b) The passport of the elderly person or
senior citizen concerned; and
c) Other documents that establish the
senior citizen or elderly person is a
citizen of the Republic and who is at
least sixty (60) years of age.
5.6 ESTABLISHMENT refers to any entity,
public or private, duly licensed and/or
franchised by the national government
agencies or the local government units.
5.7 HOTEL/HOSTEL refers to the
building, edifice or premises or a
completely independent part thereof,
which is used for the regular reception,
accommodation or lodging of travelers
and tourists and the provision of services
incidental thereto for a fee.
5.8 LODGING ESTABLISHMENT
refers to any of the following:
a) TOURIST INN refers to lodging
establishment catering to transients,
which does not meet the minimum
requirement of an economy hotel.
b) APARTEL refers to building or
edifce containing several independent
and furnished or semi-furnished
apartments, regularly leased to
tourists and travelers for dwelling on
a more or less long-term basis and
offering basic services to its tenants,
similar to hotels.
c) MOTORIST HOTEL refers to any
structure with several separate units,
primarily located along the highway,
with individual or common parking
space, at which motorists may obtain
lodging and in some instances, meals.
d) PENSION HOUSE refers to a
private, or family-operated tourist
boarding house, tourist guest house
or tourist lodging house, regularly
catering to tourist, and/or traveler,
containing several independent table
rooms, providing common facilities
such as toilets, bathrooms/showers,
living and dining rooms and/or kitchen
and where a combination of board and
lodging may be provided.
The term lodging establishment shall
include lodging houses, which shall
mean such establishments are regularly
engaged in the hotel business, but
which, nevertheless, are not registered,
classifed and licensed as hotels by
reason of inadequate essential facilities
and services.
5.9 RESTAURANT refers to any
establishment duly licensed by the Local
Government Units (LGUs), offering to
the public, regular and special meals or
menu, fast food, cooked food and short
orders. Such eating-places may also serve
coffee, beverages and drinks.
5.10 MEDICINES in the context of the
implementation of this Law, these shall
refer to both prescription and non-
prescription medicines, and articles
approved by Bureau of Food and Drugs,
DOH, which are intended for use in the
diagnosis, cure, mitigation, treatment
or prevention of disease in man; but
not include food and devices or their
components, parts, or accessories.
5.11 MEDICAL SERVICES refer to
hospital and services, professional services
of physicians and other health care
professionals, and diagnostic and laboratory
test that are necessary for the diagnosis and/
or treatment of an illness or injury.
5.12 DENTAL SERVICES - refer to oral
examination, cleaning, permanent and
temporary filling, extractions and gum
treatments, restoration, replacement
or repositioning of teeth, or alteration
of ther alveolar or periodontium
process of the maxilla and the mandible
that are necessary for the diagnosis
and/or treatment of a dental illness or
injury.
5.13 DIAGNOSTIC AND LABORATORY
TESTS refer to X-ray, CT scans, blood
chemistry exams, histopathology and
immunopathology, hematology, urine
analysis, parasitology and bacteriology
test, serology, blood banking, and other
diagnostic examinations that are necessary
for the diagnosis and/or treatment of an
illness and injury.
5.14 OFFICE FOR SENIOR CITIZENS
AFFAIRS (OSCA) refers to offce
established in cities and municipalities
under the Offce of the Mayor headed by
a senior citizen.
5.15 N O N - G O V E R N M E N T A L
ORGANIZATION (NGO) refers to
any private entity, which is non-proft
and voluntary in nature dedicated to the
promotion, enhancement and support
of the welfare of senior citizens, duly
registered with any regulatory body.
5.16 ACCREDITED NGO ref ers
t o a n y p r i v a t e n o n - p r o f i t
organization, regional or national
in scope, mainly providing services
for senior citizens, duly registered
with the Securities and Exchange
Commission and accredited by the
Department of Social Welfare and
Development.
5.17 SENIOR CITIZENS CENTER
refers to the place established by RA
7876 with recreational, educational,
health and social programs and facilities
designed for the full enjoyment and
benefit of the senior citizens in the city
or municipality;
5.18 RESIDENTIAL CARE/GROUP HOME,
RESIDENTIAL COMMUNITY OR
RETIREMENT VILLAGE refers
to a facility, which provides twenty-
four (24) hour resident group care
for the physical, mental, social and
spiritual well-being of senior citizens
in a homelife atmosphere; which is
accredited by the Department of
Social Welfare and Development
(DSWD) and licensed by the
concerned local government unit
where the said residential care/group
home, residential community or
retirement village is situated.
5.19 BASIC NECESSITIES refer to rice,
corn, bread, fresh, dried and canned
fish and other marine products, fresh
pork, beef and poultry, meat, fresh
eggs, fresh and processed milk,
fresh vegetables, root crops, coffee,
sugar, cooking oil, salt, laundry
soap, detergents, firewood, charcoal,
candles and drugs classified as
essential by the Department of Health
(DOH) and other commodities as
maybe classified by the Department
Department of Agriculture (DA)
5.20 PRIME COMMODITIES refer
to fresh fruits, flour, dried, processed
and canned pork, beef and poultry,
meat, dairy products not falling under
basic necessities; noodles, onions,
garlic, herbicides, poultry, swine and
cattle feeds, veterinary products for
poultry, swine and cattle, paper, school
supplies, nipa shingles, plyboard,
construction nails, batteries, electrical
supplies, lightbulbs, steel wire and
all drugs not classified as essential
drugs by the Department of Health
(DOH) and other commodities that
may be classified by the Department
Department of Agriculture (DA).
RULE IV
CONTRIBUTION TO THE COMMUNITY
ARTICLE 6. Contribution to the Community. - Any
qualifed senior citizen as determined
by the Offce for Senior Citizens Affairs
(OSCA) may render his/her services to the
community, which shall consist, but not
limited to, any of the following:
a) Tutorial and/or consultancy services;
b) Actual teaching and demonstration
of hobbies and income generating
skills;
c) Lectures on specialized fields like
agriculture, health, environmental
protection and the like;
d) The transfer of new skills acquired by
virtue of their training mentioned in
Sec. 7; and
e) Undertaking other appropriate services
as determined by the Offce for Senior
Citizens Affairs (OSCA) such as school
traffc guide, tourist aide, pre-school
assistant, etc.
Sect i on 3. Awards and Benefts for Services Rendered. -
In consideration of the services rendered
by qualifed elderly, the Offce for Senior
Citizens Affairs (OSCA) may award or
grant benefts or privileges to the elderly,
in addition to the other privileges provided
for under the Act.
RULE V
PRIVILEGES FOR THE SENIOR CITIZENS
ARTICLE 7. Privileges for the Senior Citizens. The senior
citizens shall be entitled to the following:
Section 4. Discounts from Establishments. - The grant of
twenty percent (20%) discount on all prices
of goods and services offered to the general
public regardless of the amount purchased
from all establishments, irrespective of
classifcation, relative to the utilization of
services for the exclusive use of senior citizen
in the following:
a) HOTELS AND SIMILAR LODGING
ESTABLISHMENTS - the discount
shall be for room accommodation
and other amenities offered by the
establishment such as but not limited to
massage parlor, sauna bath, food, drinks
and other services offered.
b) RESTAURANTS - the discount shall be
for the purchase of food, drinks, dessert
and other consumable items served by
the establishments, including value meals
and promotional meals offered for the
consumption of the general public.
c) RECREATION CENTERS - the
discount shall be for the utilization of
services in the form of fees, charges and
rental facilities such as but not limited to
sports facilities and equipment.
d) DRUG STORES, HOSPITAL
P HARMACI ES , MEDI CAL
AND OPTICAL CLINICS AND
SIMILAR ESTABLISHMENTS
DISPENSING MEDICINES -
the discount for purchases of
drugs/medicines shall be subject
to the Guidelines to be issued
by the Bureau of Food and Drugs,
Department of Health (BFAD-DOH),
in coordination with the Philippine
Heal t h Insurance Corporat i on
(PHILHEALTH).
e) FUNERAL PARLORS AND SIMILAR
ESTABLISHMENTS - the benefciary
or any person who shall shoulder the
funeral and burial expenses of the
deceased senior citizen, shall claim
the 20% discount such as casket,
embalmment, cremation cost and other
related services for the senior citizen
upon payment and presentation of his/
her death certifcate.
Section 5. Admission Fees Privilege. - A minimum of
twenty percent (20%) discount on admission
fees charged by theaters, cinema houses
and concert halls, circuses, carnivals, and
other similar places of culture, leisure
and amusement shall be granted for the
exclusive use or enjoyment of senior
citizens.
The Department of Interior and
Local Government (DILG), National
Commission on the Culture and the Arts
(NCCA) and Department of Tourism
(DOT) shall issue the necessary circulars
or directives to establishments for the
implementation of these rules to ensure
compliance herewith.
Section 6. Income Tax Exemption. The senior citizen
shall be entitled to exemption from the
payment of the individual income taxes:
Provided, that for purposes of the section,
Annual Taxable Income of a senior
citizen shall refer to his/her annual gross
compensation, business and other income
received during each taxable year from
all sources as defined in Section 32 of the
National Internal Revenue Code (NIRC)
which shall not exceed the poverty level
at such amount as may be determined
by the National Economic Development
Authority (NEDA) thru the National
Statistical Coordinating Board (NSCB)
for that particular year.
The NSCB shall inform in writing the
Commissioner of the Bureau of Internal
Revenue (BIR) of the offcial poverty
threshold of that year and every year
thereafter.
Section 7. Exemption from Training Fees. - The senior
citizen shall be exempted from training fees
for socio-economic programs conducted
by private and government agencies
subject to the guidelines to be issued
by the Department of Trade and Industry
(DTI) and Technical Education and Skills
Development Authority (TESDA).
Section 8. Medical and Dental Privileges in Government
Facilities. - The senior citizen shall be
provided free medical and dental services
and diagnostic and laboratory fees such as,
but not limited to, x-rays, computerized
tomography scans and blood tests, in
all government facilities, subject to the
guidelines to be issued by the Department
of Health (DOH), in coordination with the
Philippine Health Insurance Corporation
(PHILHEALTH).
Section 9. Medical and Dental Services in Private
Facilities. The senior citizen shall be
granted twenty percent (20%) discount
on medical and dental services and
diagnostic and laboratory fees such as
but not limited to x-ray, computerized
tomography scans and blood tests,
including professional fees of attending
doctors in all private hospitals and
medical facilities, in accordance with the
rules and regulations to be issued by the
Department of Health, in coordination
with the Philippine Health Insurance
Corporation.
Section 10. Air and Sea Transportation Privileges. - At
least twenty percent (20%) discount in fare
for domestic air, and sea travel based on the
actual fare, including the promotional fare,
advance booking and similar discounted fare
shall be granted for the exclusive use and
enjoyment of senior citizens.
a) The Maritime Industry Authority
(MARINA) shall issue corresponding
circulars or directives to the shipping
industry for the implementation of these
rules to ensure compliance herewith, as
well as requirements to ship operators/
owners to disseminate information on
the benefts of the senior citizens by
posters, handbills or pamphlets on board
vessels.
b) The Civil Aeronautics Board (CAB)
shall issue corresponding guidelines,
circulars or directives related to air
transport services and shall disseminate
such information as mentioned above.
Section 11. Public Land Transportation Privileges. -
Twenty percent (20%) discount in public
railways, including LRT, MRT, PNR,
Skyways and fares in buses (PUB), jeepneys
(PUJ), taxi and shuttle services (AUV)
shall be granted for the exclusive use and
enjoyment of senior citizens.
Communication (DOTC), Light Rail
Transit Authority (LRTA), Philippine
National Railways (PNR), Toll Regulatory
Board (TRB) and Land Transportation
Franchising and Regulatory Board
(LTFRB) shall issue corresponding
circulars or directives to the public land
transport sector for the implementation
of these rules to ensure compliance
herewith, as well as requirements to these
operators to disseminate information
on the benefits of the senior citizens
by posters, handbills or pamphlets on
board their vehicles.
Section 12. Educational Privileges. - Educational
assistance shall be granted to senior citizens
to pursue post secondary, post tertiary, as
well as vocational or technical education
in both public and private schools through
provision of scholarships, grants, fnancial
aid, subsidies and other incentives to
qualifed senior citizens, including support
for books, learning materials, and uniform
allowance, to the extent feasible: Provided,
that senior citizens shall meet minimum
admission requirements.
Section 13. Benefts and Privileges for Retirees.
a) To the extent practicable and feasible,
the senior citizen shall be granted the
continuance of the same benefits and
privileges given by the Government
Service Insurance System (GSIS),
Social Security System (SSS) and
PAG-IBIG, as the case may be, as are
enjoyed by those in active service.
b) Retirement benefits of retirees
from both the government and the
private sector shall be regularly
reviewed to ensure their continuing
responsiveness and sustainability, and
to the extent practicable and feasible,
shall be upgraded to be at par with the
current scale enjoyed by those in active
service;
Section 14. Privileges on granting special discounts
in special programs. To the extent
possible, the government may grant
special discounts in special programs for
senior citizens on purchase of basic
necessities and prime commodities,
subject to the guidelines to be issued for
the purpose by the Department of Trade
and Industry (DTI) and the Department
of Agriculture (DA), provided, that such
special programs and their guidelines
shall be developed by the concerned
department within the concerned
departments jurisdiction
Section 15. Express Lanes Privileges. - Express lanes for
senior citizens shall be provided in all private,
commercial and government establishments;
in the absence thereof, priority shall be given
to them.
RULE VI
DISCOUNTS AS TAX DEDUCTION OF
ESTABLISHMENTS
ARTICLE 8. Tax Deduction of Establishments. - The
establishment may claim the discounts
granted under Rule V, Section 4 -
Discounts for Establishments; Section
9, Medical and Dental Services in
Private Facilities and Sections 10 and
11 - Air, Sea and Land Transportation
as tax deduction based on the net cost
of the goods sold or services rendered.
Provided, That the cost of the discount
shall be allowed as deduction from
gross income for the same taxable year
that the discount is granted; Provided,
further, That the total amount of
the claimed tax deduction net of
value added tax if applicable, shall be
included in their gross sales receipts
for tax purposes and shall be subject
to proper documentation and to the
provisions of the National Internal
Revenue Code, as amended; Provided,
finally, that the implementation of the
tax deduction shall be subject to the
Revenue Regulations to be issued by
the Bureau of Internal Revenue (BIR)
and approved by the Department of
Finance (DOF).
RULE VII
GOVERNMENT ASSISTANCE
ARTICLE 9. Government Assistance. - The Government
shall provide the following:
Section 16. Employment.
a) Senior citizens, who have the
capacity and desire to work, or to
be re-employed, shall be provided
information and matching services to
enable them to be productive members
of society. Terms of employment shall
conform to the provisions of the Labor
Code, as amended, Civil Service Laws
and other laws, rules and regulations.
b) Private entities that shall employ senior
citizens as employees upon effectivity
of the Act, shall be entitled to an
additional deduction from their gross
income, equivalent to ffteen percent
(15%) of the total amount paid as
salaries and wages to senior citizens
subject to the provision of Section 34
of the National Internal Revenue Code
(NIRC), as amended and the Revenue
Regulations to be issued by the Bureau
of Internal Revenue (BIR) approved
by the Department of Finance
(DOF); Provided, however, That such
employment shall continue for a period
of at least six (6) months; Provided,
further, That the net annual income
of the senior citizen does not exceed
the poverty level for that year as
determined by National Economic and
Development Authority (NEDA) thru
National Statistical Coordination
Board (NSCB).
c) The Department of Labor and
Employment (DOLE), in coordination
with other government agencies, such
as, but not limited to, the Technology
and Livelihood Resource Center
(TLRC) and the Department of
Trade and Industry (DTI), shall
assess, design and implement training
programs that will provide skills and
welfare or livelihood support for
senior citizens.
Section 17. Education. - The Department of Education
(DepEd), Technical Education and Skills
Development Authority (TESDA) and the
Commission on Higher Education (CHED),
in consultation with non-governmental
organizations (POs) for senior citizens, shall
institute a program that will ensure access
of senior citizens to formal and non-formal
education. They are to:
a) Formulate and implement relevant and
effective course designs & educational
programs;
b) Conduct the necessary training for
the implementation of the appropriate
curriculum for the purpose;
c) Ensure the availability of the needed
educational facilities and materials;
and
d) Conduct continuing research and
development program for the necessary
and relevant education of the senior
citizen.
Section 18. Health.
a) The Department of Health (DOH),
in coordination with local government
units (LGUs), non-governmental
organizations (POs) for senior citizens,
shall institute a national health program
and shall provide an integrated health
service for senior citizens.
It shall train community-based health
workers among senior citizens and
health personnel to specialize in
geriatric care and health problems of
senior citizens.
b) The National Health Program aims to
promote healthy and productive older
population through the following:
i) Establishment and provision of a
comprehensive and integrated health
service package catering to the
specifc needs of the elderly;
ii) Human resource development/
capability building of health personnel
in relation to the care and health
problems of older persons;
iii) Health promotion; and
iv) Conduct of researches and study.
c) Provide technical assistance in coordination
with DSWD, NGOs and other concerned
agencies to local government units in the
establishment of community based health
rehabilitation programs.
Section 19. Social Services. - The Department of Social
Welfare and Development (DSWD), in
cooperation with the Offce of Senior Citizens
Affairs (OSCA) and the local government
units, non-governmental organizations and
peoples organizations for senior citizens,
shall develop and implement programs
on social services for senior citizens; the
components of which are:
a) Self and social enhancement services
which provide senior citizens opportunities
for socializing, organizing, creative
expression, and improvement of self;
b) After care and follow-up services for
senior citizens who are discharged from the
homes/ institutions for the aged, especially
those who have problems of reintegration
with family and community, wherein both
the senior citizens and their families are
provided with counseling;
c) Neighborhood support services wherein
the community family members provide
caregiving services to their frail, sick,
or bedridden senior citizens; and
d) Substitute family care in the form of
residential care/group homes for the
abandoned, neglected, unattached or
homeless senior citizens and those
incapable of self-care.
Section 20. Housing. - The national government shall
include in its national shelter program the
special housing needs of senior citizens,
such as establishment of housing units for
the elderly.
a) The Housing and Land Use Regulatory
Board (HLURB) shall formulate housing
designs suitable to the requirements of
male and female senior citizens.
b) The housing program for the poor senior
citizens which include the establishment/
donation of group/foster homes for the
neglected, abused and unattached or
homeless senior citizens and those incapable
of self-care including its management,
maintenance and operations shall be
established in accordance with EO 105
promulgated on May 16, 2002.
Section 21. Access to Public Transport. - The Department
of Transportation and Communications
(DOTC) and other concerned agencies shall
develop a program to assist senior citizens
to fully gain access in the use of public
transport facilities.
The minimum requirements and standards
to make transportation facilities, buildings
and utilities for public use accessible to senior
citizens shall be developed to enhance the
mobility of senior citizens particularly those
with disability pursuant to the Accessibility Law.
Section 22. Assistance to benefactors/caregivers. -
Benefactors of qualifed senior citizens shall
be treated as head of family and entitled to
the basic personal exemption allowed by the
National Internal Revenue Code (NIRC), as
amended equivalent to twenty-fve thousand
pesos (P25,000.00). As a head of family for
income tax purposes, the benefactor must
be an unmarried or legally separated man or
woman caring for and living with the senior
citizen who is dependent upon him or her
for chief support, be they relatives or not.
RULE VIII
THE OFFICE FOR
SENIOR CITIZENS AFFAIRS (OSCA)
ARTICLE 10. The Office for Senior Citizens Affairs
(OSCA). - There shall be established
in all cities and municipalities an Offce for
Senior Citizens Affairs.
Section 23. Head of OSCA. A senior citizen shall
be appointed by the City or Municipal
Mayor as head of OSCA with the following
qualifcations:
a) A Filipino citizen and resident of the
municipality or city for at least one (1) year;
b) A registered voter of the concerned city
or municipality;
c) Able to read and write;
d) Must be physically and mentally ft;
e) A bonafide member of a duly
accredited senior citizens organization
with a track record of at least three
years;
Section 24. Selection of OSCA Head. - The nominees for the
head of OSCA shall be chosen/recommended
in a general assembly by and among the
organizations of senior citizens in the city or
municipality. The list of nominees shall be
submitted to the Sangguniang Panlungsod
or Sangguniang Bayan, which shall choose
the three (3) nominees to be forwarded to the
Offce of the Mayor.
Section 25. Term of Offce. - The OSCA head shall have
a term of offce of three (3) years without
reappointment. In case of death or permanent
disability, the remaining term shall be served
by the new appointee, who has undergone
the selection process. The new head may be
reappointed if he/she has not served one-half
of the full term.
Section 26. Functions of OSCA. - The Offce for Senior
Citizens Affairs shall have the following functions:
a) To plan, implement and monitor
yearly work programs in pursuance of
the objectives of this Act;
b) To draw up a list of available and required
services which can be provided by the
senior citizens;
c) To maintain and regularly update on
a quarterly basis the list of senior citizens
and to issue nationally uniform individual
identifcation cards and purchase booklet,
free of charge, which shall be valid
anywhere in the country;
d) To serve as a general information and liaison
center to serve the needs of the senior citizens;
e) To monitor compliance of the provisions
of this Act particularly the grant of special
discounts and privileges to senior citizens;
f) To report to the Mayor, establishments
found violating any provisions of this Act;
g) To assist senior citizens in fling complaints
or charges against any person, natural
or juridical; establishment, institution,
or agency refusing to comply with
the privileges under the Act before
the Department of Justice or the
provincial, city or municipal trial courts;
h) To assist and coordinate with the concerned
individual, establishment, institution or
agency in investigating fraudulent practices
and abuses of the discount and privileges
exclusively granted to senior citizens; and
i) To est abl i sh l i nkages and work
together with accredited NGOs,
POs, and the barangays in their
respective areas.
Section 27. Operations and Maintenance of OSCA.
- The necessary appropriation for
the operation and maintenance of
the OSCA shall be appropriated and
approved by the local government
units concerned.
Section 28. Assistance and Supervision of OSCA.
a) The Head of the OSCA shall be assisted
by the City or the Municipal Social
Welfare and Development Offcer.
b) The Offce of the Mayor shall exercise
supervision over the OSCA relative to
their plans, activities and programs for
senior citizens.
RULE IX
MUNICIPAL/CITY RESPONSIBILITY
ARTICLE 11. Municipal/City Responsibility. - It shall be the
responsibility of the municipality/city through
the Mayor to require all establishments
covered by the Act to prominently display
posters, stickers, and other notices that will
generate public awareness of the rights and
privileges of senior citizens and to ensure that
the provisions of the Act are implemented to
its fullest.
RULE X
PARTNERSHIP OF THE NATIONAL AND
LOCAL GOVERNMENT UNITS
ARTICLE 12. Partnership of the Government Units. - The
national government and local government
units shall:
a) Explore livelihood opportunities and
other undertakings to enhance the
well-being of senior citizens;
b) Encourage the establishment of grassroots
organizations for the elderly in their
respective territorial jurisdictions;
c) Establish a community-based health and
rehabilitation program in coordination
with DILG, DOH, DSWD, NGOs,
POs and other concerned agencies; and
d) Develop and implement programs
responsive to the needs of senior
citizens in their locality.
RULE XI
PARTNERSHIP OF GOVERNMENT AND
NONGOVERNMENTAL ORGANIZATIONS
ARTICLE 13. Partnership of Government and
Nongovernmental Organizations. -
Nongovernmental organizations or
private volunteer organizations dedicated
to the promotion, enhancement and
support of the welfare of senior citizens
are hereby encouraged to become partners
of government in the implementation of
programs and projects for the elderly.
The government shall recognize the vital role
of NGOs in complementing the government in
the delivery of services to senior citizens. It shall
likewise encourage NGOs for senior citizens
to develop innovative service models and pilot
projects and to assist in the duplication of
successful examples of these models elsewhere
in the country.
Section 29. Support for Nongovernmental Organization.-
Nongovernmental organizations (NGOs)
for senior citizens may avail of the following,
from appropriate government agencies,
subject to certain conditions:
a) Technical assistance in the areas of
capability building, packaging of project
proposals, provision of program materials
e.g. manuals, brochures, leafets, modular
packages and acting as resource persons
to training activities;
b) Assistance in the replication of successful
programs and projects;
c) Eligibility to purchase or subcontract projects
and/or services from concerned government
agency subject to government regulations;
d) Subsidy for program implementation
depending on availability of funds and
fulfllment of requirements of agency
concerned;
e) Assistance in establishing linkages
with local, national and international
organizations and networks for
resource development, sharing and
generation;
f) Endorsement of representation to
advisory boards, sectoral councils, inter-
agency committees, technical working
groups, among others; and
g) Endorsement by the appropriate
government agency for duty-free
importation of goods and equipment
subject to government regulations.
Section 30. Discount for Utilities. - At least ffty percent
(50%) discount for the consumption of
electricity, water, and telephone shall be
granted to the senior citizens center and
residential care/group homes that are non-
stock, nonproft domestic corporation
organized and operated exclusively for
the purpose of promoting the well-being
of abandoned, neglected, unattached, or
homeless senior citizens. To avail of the
discounts, the following are required:
a) Accredited Senior Citizens Center
i) Being utilized by the senior citizens
as certifed by the DSWD Regional
Offce;
ii) Accredited by the DSWD;
iii) Must have been in operation for the
last six (6) months;
iv) Must have a separate meter for
water, electricity and telephone; and
v) For telephone discount, only one
line is entitled to 50% discount on
monthly service charge, excluding
long distance and overseas calls.
b) Accredited Residential/Group Homes
i) Licensed or accredited by DSWD;
ii) Must be serving at least six (6)
senior citizens on a twenty-four (24)
hour basis;
iii) Must have been in operation for the
last six (6) months;
iv) Must have a separate meter for
water, electricity and telephone; and
v) For telephone discount, only one
line is entitled to 50% discount on
monthly service charge, excluding
long distance and overseas calls.
Section 31. Assistance to Residential Homes/
Communities/Retirement Villages. -
Individuals or accredited nongovernmental
institutions establishing homes, residential
communities or retirement villages
solely for the senior citizens shall be
accorded the following:
a) Realty tax holiday for the frst fve (5) years
starting from the frst year of operation,
subject to the guidelines to be issued by
the Department of Finance (DOF) and
its Bureau of Local Government Finance;
b) Priority in the building and/or maintenance
of provincial or municipal roads leading
to the aforesaid home, residential
community or retirement village.
RULE XII
MONITORING AND COORDINATING
MECHANISM
ARTICLE 14. Monitoring and Coordinating Mechanism.
A national Inter-Agency coordinating and
monitoring mechanism at the national level
shall be established which shall be called,
National Inter-Agency Coordinating &
Monitoring Board on the Expanded
Senior Citizens Act of 2003.
Section 32. Composition. - The National Inter-Agency
Coordinating and Monitoring Board shall
be composed of the following:
i) Chairperson Department of Social
Welfare and Development (DSWD)
ii) ViceChairperson Department of the
Interior and Local Government (DILG)
iii) Members: Department of Justice (DOJ)
Department of Health (DOH); Five (5)
Non Governmental Organization; and
(NGO) representatives
The Board may call on other government
agencies, NGOs and Peoples Organizations
to serve as resource persons as the need arises.
He/She shall not have the right to vote.
Section 33. NGO Representation. - The NGOs shall
be represented, preferably by a senior
citizen, but not limited to, women, rural
poor, urban poor and veterans which
are duly accredited by DSWD and have
services primarily for senior citizens.
The representative shall be selected and
appointed by the Board and shall serve a
period of three years.
Section 34. Level of Representation. - The representative
to the National Inter-Agency Coordinating
and Monitoring Board in the government
agency shall have a rank of not lower than
an Assistant Secretary and for the NGO,
have a rank not lower than an Executive
Director.
Section 35. Functions. - The National Inter-Agency
Coordinating and Monitoring Board shall
a) Formulate a National Plan of Action
for Senior Citizens in coordination
with concerned government agencies
and other stakeholders;
b) Develop effective monitoring and
reporting system towards an effcient,
consistent and uniform implementation
of the law;
c) Develop and institute effective and
innovative approaches and methods with
which to address emerging concerns of
the senior citizens;
d) Coordi nat e t he programs and
projects of the concerned agencies to
immediately and effectively address
the issues and concerns of the senior
citizens;
e) Coordinate the conduct of nationwide
information, education campaign
and other advocacy activities on RA
9257;
f) Monitor the conduct of orientation,
training and other capability
building programs to maximize the
contributions and participation of
Senior Citizens;
g) Coordinate the conduct and evaluation
of the plan of action, research and
documentation of good practices and
disparities for policy and program
development;
h) To act i vel y est abl i sh nat i onal ,
regional and international networks
for resource generation and technical
cooperation; and
i) Prepare yearly accomplishment report
to the Office of the President,
Congress and the concerned National
Government and Local Government
Units.
Section 36. Coordinating and Monitoring Body at the
Regional Level.- There shall be established in
all regions the Regional Inter-Agency
Coordinating and Monitoring Board with
the same membership and similar functions
with that of the National Board.
Section 37. Secretariat. - The Department of Social
Welfare and Development shall act as the
Secretariat to the Board at the national and
regional levels.
RULE XIII PENALTIES
ARTICLE 15. Application of Penalties and Other Sanctions.
Section 38. Penalties for persons.
a) Any person who violates any provision
of this Act shall suffer the following
penalties:
i) For the first violation, a fine of
(P50, 000.00) but not exceeding
One hundred thousand pesos
(P100, 000.00) and imprisonment
of not less than six (6) months but
not more than two (2) years; and
ii) For any subsequent violation, a fne of
not less than One hundred thousand
pesos (P100, 000.00) but not exceeding
Two hundred thousand pesos (P200,
000.00) and imprisonment for not less
than two (2) years but not more than
six (6) years.
b) Any person who abuses the privileges
a fne of not less than fve thousand
pesos (P5,000.00) but not more than
Fifty thousand pesos (P50, 000.00) and
months.
c) If the offender is an alien or a foreigner,
he/she shall be deported immediately
after service of sentence without further
deportation proceedings.
Section 39. Penalties for Corporations.
a) If the offender is a corporation,
offcials thereof directly involved shall
be liable therefore.
b) Upon filing of an appropriate
complaint, and after due notice
and hearing, the proper authorities
may also cause the cancellation or
revocation of the business permit,
permit to operate, franchise and
other similar privileges granted to
any business entity that fails to abide
by the provisions of this Act.
RULE XIV APPROPRIATION
ARTICLE 16. Appropriation. The amount necessary
to carry out the provisions of this Act
upon its effectivity shall be charged
out of the funds of the Office of the
President. Thereafter, any such sum
as shall be needed for the regular
implementation of this Act shall
be included in subsequent General
Appropriations Act following its
enactment into law.
The heads of departments and agencies
as well as local chief executives concerned
shall immediately include in their
annual appropriations the funding
necessary to implement programs and
services required by the Act and these
regulations.
RULE XV FINAL PROVISIONS
Section 40. Repealing Clause. - All laws, presidential
decrees, executive orders and rules and
regulations or part thereof, contrary to,
or inconsistent with the provisions of
this Act, are hereby repealed or modified
accordingly.
Section 41. Separability Clause. - Should any provision of
the 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.
Section 42. Effectivity. - These Rules and Regulations
shall take effect ffteen (15) days after its
complete publications in any two (2) national
newspapers of general circulation
Metro Manila
Tenth Congress

February 13, 1998
AN ACT PROMULGATING POLICIES
AND PRESCRIBING MEASURES FOR THE
PREVENTION AND CONTROL OF HIV/
AIDS IN THE PHILIPPINES, INSTITUTING A
NATIONWIDE HIV/AIDS INFORMATION AND
EDUCATIONAL PROGRAM, ESTABLISHING A
COMPREHENSIVE HIV/AIDS MONITORING
SYSTEM, STRENGTHENING THE
PHILIPPINE NATIONAL AIDS COUNCIL, AND
FOR OTHER PURPOSES
Section 1. Title. This Act shall be known as
the Philippine AIDS Prevention and
Control Act of 1998.
Section 2. Declaration of policies. Acquired Immune
Defciency Syndrome (AIDS) is a disease that
recognizes no territorial, social, political and
economic boundaries for which there is no
known cure. The gravity of the AIDS threat
demands strong State action today, thus:
(a) The State shall promote public awareness
about the causes, modes of transmission,
consequences, means of prevention
and control of HIV/AIDS through a
comprehensive nationwide educational
and information campaign organized and
conducted by the State. Such campaigns
shall promote value formation and employ
scientifcally proven approaches, focus
on the family as a basic social unit, and
be carried out in all schools and training
centers, workplaces, and communities. This
program shall involve affected individuals
and groups, including people living with
HIV/AIDS.
(b) The State shall extend to every person
suspected or known to be infected with
HIV/AIDS full protection of his/her
human rights and civil liberties. Towards
this end:
(1) compulsory HIV testing shall be
considered unlawful unless otherwise
provided in this Act;
(2) the right to privacy of individuals
with HIV shall be guaranteed;
(3) discrimination, in all its forms
and subtleties, against individuals
with HIV or persons perceived or
suspected of having HIV shall be
considered inimical to individual and
national interest; and
(4) provision of basic health and
social services for individuals with
HIV shall be assured.
(c) The State shall promote utmost safety
and universal precautions in practices
and procedures that carry the risk of HIV
transmission.
(d) The State shall positively address
and seek to eradicate conditions that
aggravate the spread of HIV infection,
including but not limited to, poverty,
gender inequality, prostitution,
marginalization, drug abuse and
ignorance.
(e) The State shall recognize the potential
role of affected individuals in propagating
vital information and educational
messages about HIV/AIDS and shall
utilize their experience to warn the public
about the disease.
Section 3. Defnition of terms. As used in this Act, the
following terms are defned as follows:
(a) Acquired Immune Deficiency
Syndrome (AIDS) a condition
characterized by a combination of
signs and symptoms, caused by HIV
contracted from another person and
which attacks and weakens the bodys
immune system, making the afflicted
individual susceptible to other life-
threatening infections.
(b) Anonymous Testing refers to an HIV
testing procedure whereby the individual
being tested does not reveal his/her
true identity. An identifying number or
symbol is used to substitute for the name
and allows the laboratory conducting the
test and the person on whom the test is
conducted to match the test results with
the identifying number or symbol.
(c) Compulsory HIV Testing refers to
HIV testing imposed upon a person
attended or characterized by the lack of
or vitiated consent, use of physical force,
intimidation or any form of compulsion.
(d) Contact tracing refers to the method
of fnding and counselling the sexual
partner(s) of a person who has been
diagnosed as having sexually transmitted
disease.
(e) Human Immunodeficiency Virus
(HIV) refers to the virus which causes
AIDS.
(f) HIV/AIDS Monitoring refers to
the documentation and analysis of the
number of HIV/AIDS infections and the
pattern of its spread.
(g) HIV/AIDS Prevention and Control
refers to measures aimed at protecting
non-infected from contracting HIV and
minimizing the impact of the condition
of persons living with HIV.
(h) HIV-positive refers to the presence
of HIV infection as documented by the
presence of HIV or HIV antibodies in
the sample being tested.
(i) HIV-negative denotes the absence
of HIV or HIV antibodies upon HIV
testing.
(j) HIV Testing refers to any laboratory
procedure done on an individual to
determine the presence or absence of
HIV infection.
(k) HIV Transmission refers to
the transfer of HIV from one infected
person to an uninfected individual, most
commonly through sexual intercourse,
blood transfusion, sharing of intravenous
needles and during pregnancy.
(l) High-Risk Behavior refers to a
persons frequent involvement in certain
activities which increase the risk of
transmitting or acquiring HIV.
(m) Informed Consent refers to the
voluntary agreement of a person to
undergo or be subjected to a procedure
based on full information, whether such
permission is written, conveyed verbally,
or expressed indirectly.
(n) Medical Confidentiality refers to
the relationship of trust and confidence
created or existing between a patient
or a person with HIV and his attending
physician, consulting medical specialist,
nurse, medical technologist and all other
health workers or personnel involved in
any counselling, testing or professional
care of the former; it also applies to any
person who, in any offcial capacity, has
acquired or may have acquired such
confdential information.
(o) Person with HIV refers to an
individual whose HIV test indicates,
directly or indirectly, that he/she is
infected with HIV.
(p) Pre-Test Counselling refers to
the process of providing an individual
information on the biomedical aspects
of HIV/AIDS and emotional support
to any psychological implications of
undergoing HIV testing and the test
result itself before he/she is subjected
to the test.
(q) Post-Test Counselling refers to
the process of providing risk-reduction
information and emotional support to a
person who submitted to HIV testing at
the time that the test result is released.
(r) Prophyl act i c ref ers t o any
agent or device used to prevent
the transmission of a disease.
(s) Sexually Transmitted Diseases
refers to any disease that may be acquired
or passed on through sexual contact.
(t)Voluntary HIV Testing refers to HIV
testing done on an individual who, after
having undergone pre-test counselling,
willingly submits himself/herself to such
test.
(u)Window Period refers to the period
of time, usually lasting from two weeks to
six (6) months during which an infected
individual will test negative upon HIV
testing but can actually transmit the
infection.
ARTICLE I
EDUCATION AND INFORMATION
Section 4. HIV/AIDS education in schools. The
Department of Education, Culture and
Sports (DECS), the Commission on Higher
Education (CHED), and the Technical
Education and skills Development Authority
(TESDA), utilizing offcial information
provided by the Department of Health, shall
integrate instruction on the causes, modes of
transmission and ways of preventing HIV/
AIDS and other sexually transmitted diseases
in subjects taught in public and private
schools at intermediate grades, secondary
and tertiary levels, including non-formal and
indigenous learning systems:Provided,That
if the integration of HIV/AIDS education
is not appropriate or feasible, the DECS
and TESDA shall design special modules on
HIV/AIDS prevention and control: Provided,
further,That it shall not be used as an excuse
to propagate birth control or the sale or
distribution of birth control devices:Provided,
fnally, That it does not utilize sexually explicit
materials.
Flexibility in the formulation and adoption
of appropriate course content, scope, and
methodology in each educational level or
group shall be allowed after consultations with
Parent-Teachers-Community Associations,
Private School Associations, school offcials,
and other interest groups. As such, no
instruction shall be offered to minors without
adequate prior consultation with parents
who must agree to the thrust and content of
the instruction materials.
All teachers and instructors of said HIV/
AIDS courses shall be required to undergo a
seminar or training on HIV/AIDS prevention
and control to be supervised by DECS,
CHED and TESDA, in coordination with
the Department of Health (DOH), before
they are allowed to teach on the subject.
Section 5. HIV/AIDS information as a health service.
HIV/AIDS education and information
dissemination shall form part of the delivery
of health services by health practitioners,
workers and personnel. The knowledge and
capabilities of all public health workers shall
be enhanced to include skills for proper
information dissemination and education on
HIV/AIDS. It shall likewise be considered a
civic duty of health providers in the private
sector to make available to the public such
information necessary to control the spread
of HIV/AIDS and to correct common
misconceptions about this disease. The
training of health workers shall include
discussions on HIV-related ethical issues
such as confdentiality, informed consent and
the duty to provide treatment.
Section 6. HIV/AIDS education in the workplace. All
government and private employees,
workers, managers, and supervisors,
including members of the Armed Forces of
the Philippines (AFP) and the Philippine
National Police (PNP), shall be provided
with the standardized basic information
and instruction on HIV/AIDS which shall
include topics on confidentiality in the
workplace and attitude towards infected
employees and workers. In collaboration
with the Department of Health (DOH),
the Secretary of the Department of Labor
and Employment (DOLE) shall oversee
the anti-HIV/AIDS campaign in all private
companies while the Armed Forces Chief
of Staff and the Director General of the
PNP shall oversee the implementation of
this Sec..
Section 7. HIV/AIDS education for Filipinos going
abroad. The State shall ensure that all
overseas Filipino workers and diplomatic,
military, trade, and labor officials and
personnel to be assigned overseas shall
undergo or attend a seminar on the cause,
prevention and consequences of HIV/AIDS
before certifcation for overseas assignment.
The Department of Labor and Employment
or the Department of Foreign Affairs, the
Department of Tourism and the Department
of Justice through the Bureau of Immigration,
as the case may be, in collaboration with the
Department of Health (DOH), shall oversee
the implementation of this Sec..
Section 8. Information campaign for tourists and transients.
Informational aids or materials on the
cause, modes of transmission, prevention,
and consequences of HIV infection shall be
adequately provided at all international ports of
entry and exit. The Department of Tourism, the
Department of Foreign Affairs, the Department
of Justice through the Bureau of Immigration,
in collaboration with the Department of Health
(DOH), shall oversee the implementation of
this Act.
Section 9. HIV/AIDS education in communities. Local
government units, in collaboration with the
Department of Health (DOH), shall conduct
an educational and information campaign on
HIV/AIDS. The provincial governor, city or
municipal mayor and the barangay captain
shall coordinate such campaign among
concerned government agencies, non-
government organizations and church-based
groups.
Section 10. Information on prophylactics. Appropriate
information shall be attached to or provided
with every prophylactic offered for sale or given
as a donation. Such information shall be legibly
printed in English and Filipino, and contain
literature on the proper use of the prophylactic
device or agent, its effcacy against HIV and
STD infection, as well as the importance of
sexual abstinence and mutual fdelity.
Section 11. Penalties for misleading information.
Misinformation on HIV/AIDS prevention
and control through false and misleading
advertising and claims in any of the tri-media
or the promotional marketing of drugs, devices,
agents or procedures without prior approval
from the Department of Health and the Bureau
of Food and Drugs and the requisite medical
and scientifc basis, including markings and
indications in drugs and devises or agents,
purporting to be a cure or a fail-safe prophylactic
for HIV infection is punishable with a penalty
of imprisonment for two (2) months to two
(2) years, without prejudice to the imposition
of administrative sanctions such as fnes and
suspension or revocation of professional or
business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
Section 12. Requirement on the donation of blood, tissue, or
organ. No laboratory or institution shall
accept a donation of tissue or organ, whether
such donation is gratuitous or onerous, unless
a sample from the donor has been tested
negative for HIV. All donated blood shall also
be subjected to HIV testing and HIV(+) blood
shall be disposed of properly and immediately.
A second testing may be demanded as a matter
of right by the blood, tissue, or organ recipient
or his immediate relatives before transfusion
or transplant, except during emergency cases:
Provided, That donations of blood, tissue, or
organ testing positive for HIV may be accepted
for research purposes only, and subject to strict
sanitary disposal requirements.
Section 13. Guidelines on surgical and similar procedures.
The Department of Health (DOH), in
consultation and in coordination with
concerned professional organizations and
hospital associations, shall issue guidelines
on precautions against HIV transmission
during surgical, dental, embalming, tattooing
or similar procedures. The DOH shall
likewise issue guidelines on the handling and
disposition of cadavers, body fuids or wastes
of persons known or believed to be HIV-
positive.
The necessary protective equipment such
as gloves, goggles and gowns, shall be made
available to all physicians and health care
providers and similarly exposed personnel at
all times.
Section 14. Penalties for unsafe practices and procedures.
Any person who knowingly or negligently
causes another to get infected with HIV
in the course of the practice of his/her
profession through unsafe and unsanitary
practice or procedure is liable to suffer a
penalty of imprisonment for six (6) years
to twelve (12) years, without prejudice to
the imposition of administrative sanctions
such as, but not limited to, fnes and
suspension or revocation of the license to
practice his/her profession. The permit
or license of any business entity and the
accreditation of hospitals, laboratory, or
clinics may be cancelled or withdrawn if
said establishments fail to maintain such
safe practices and procedures as may be
required by the guidelines to be formulated
in compliance with Sec. 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
Section 15. Consent as a requisite for HIV testing. No
compulsory HIV testing shall be allowed.
However, the State shall encourage voluntary
testing for individuals with a high risk
for contracting HIV: Provided, That
written informed consent must first be
obtained. Such consent shall be obtained
from the person concerned if he/she
is of legal age or from the parents or
legal guardian in the case of a minor
or a mentally incapacitated individual.
Lawful consent to HIV testing of a
donated human body, organ, tissue, or
blood shall be considered as having been
given when:
(a) a person volunteers or freely agrees to
donate his/her blood, organ, or tissue
for transfusion, transplantation, or
research;
(b) a person has executed a legacy in
accordance with Sec. 3 of Republic Act
No. 7170, also known as theOrgan
Donation Act of 1991;
(c) a donation is executed in accordance with
Sec. 4 of Republic Act No. 7170.
Section 16. Prohibitions on compulsory HIV testing.
Compulsory HIV testing as a precondition
to employment, admission to educational
institutions, the exercise of freedom of abode,
entry or continued stay in the country, or
the right to travel, the provision of medical
service or any other kind of service, or the
continued enjoyment of said undertakings
shall be deemed unlawful.
Section 17. Exception to the prohibition on compulsory
testing. Compulsory HIV testing may be
allowed only in the following instances:
a) When a person is charged with any of the
crimes punishable under Articles 264
and 266 as amended by Republic Act No.
8353, 335 and 338 of Republic Act No.
3815, otherwise known as the Revised
Penal Codeor under Republic Act No.
7659;
b) When the determination of the HIV
status is necessary to resolve the relevant
issues under Executive Order No. 309,
otherwise known as the Family Code of
the Philippines; and
c) When complying with the provisions
of Republic Act No. 7170, otherwise
known as theOrgan Donation Actand
Republic Act No. 7719, otherwise known
as theNational Blood Services Act.
Section 18. Anonymous HIV testing. The State shall
provide a mechanism for anonymous HIV
testing and shall guarantee anonymity and
medical confdentiality in the conduct of
such tests.
Section 19. Accreditation of HIV Testing Centers. All
testing centers, hospitals, clinics, and
laboratories offering HIV testing services
are mandated to seek accreditation from the
Department of Health which shall set and
maintain reasonable accreditation standards.
Section 20. Pre-test and post-test counselling. All testing centers,
clinics, or laboratories which perform any HIV
test shall be required to provide and conduct free
pre-test counselling and post-test counselling for
persons who avail of their HIV/AIDS testing
services. However, such counselling services
must be provided only by persons who meet the
standards set by the DOH.
Section 21. Support for HIV Testing Centers. The
Department of Health shall strategically
build and enhance the capabilities for HIV
testing of hospitals, clinics, laboratories, and
other testing centers primarily, by ensuring
the training of competent personnel who
will provide such services in said testing sites
ARTICLE IV
HEALTH AND SUPPORT SERVICES
Section 22. Hospital-based services. Persons with HIV/
AIDS shall be afforded basic health services in
all government hospitals, without prejudice to
optimum medical care which may be provided
by special AIDS wards and hospitals.
Section 23. Community-based services. Local government
units, in coordination and in cooperation
with concerned government agencies, non-
government organizations, persons with
HIV/AIDS and groups most at risk of HIV
infection shall provide community-based
HIV/AIDS prevention and care services.
Section 24. Livelihood programs and trainings. Trainings
for livelihood, self-help cooperative
programs shall be made accessible and
available to all persons with HIV/AIDS.
Persons infected with HIV/AIDS shall
not be deprived of full participation in
any livelihood, self-help and cooperative
programs for reason of their health
conditions.
Section 25. Control of sexually transmitted diseases. The
Department of Health, in coordination
and in cooperation with concerned
government agencies and non-
government organizations shall pursue
the prevention and control of sexually
transmitted diseases to help contain the
spread of HIV infection.
Section 26. Insurance for persons with HIV. The
Secretary of Health, in cooperation
with the Commissioner of the Insurance
Commission and other public and private
insurance agencies, shall conduct a study
on the feasibility and viability of setting
up a package of insurance benefits and,
should such study warrant it, implement
an insurance coverage program for persons
with HIV. The study shall be guided by the
principle that access to health insurance is
part of an individuals right to health and
is the responsibility of the State and of
society as a whole.
ARTICLE V
MONITORING
Section 27. Monitoring program. A comprehensive
HIV/AIDS monitoring program
orAIDSWATCHshall be established under
the Department of Health to determine and
monitor the magnitude and progression of
HIV infection in the Philippines, and for the
purpose of evaluating the adequacy and effcacy
of the countermeasures being employed.
Section 28. Reporting procedures. All hospitals, clinics,
laboratories, and testing centers for HIV/
AIDS shall adopt measures in assuring the
reporting and confdentiality of any medical
record, personal data, fle, including all data
which may be accessed from various data banks
or information systems. The Department of
Health through its AIDSWATCH monitoring
program shall receive, collate and evaluate
all HIV/AIDS related medical reports. The
AIDSWATCH data base shall utilize a coding
system that promotes client anonymity.
Section 29. Contact tracing. HIV/AIDS contact tracing
and all other related health intelligence
activities may be pursued by the Department
of Health: Provided, That these do not
run counter to the general purpose of this
Act:Provided, further, That any information
gathered shall remain confdential and
classifed, and can only be used for statistical
and monitoring purposes and not as basis
or qualifcation for any employment, school
attendance, freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Section 30. Medical confdentiality. All health
professionals, medical instructors, workers,
employers, recruitment agencies, insurance
companies, data encoders, and other
custodians of any medical record, fle, data,
or test results are directed to strictly observe
confdentiality in the handling of all medical
information, particularly the identity and
status of persons with HIV.
Section 31. Exceptions to the mandate of confdentiality.
Medical confdentiality shall not be
considered breached in the following cases:
(a) when complying with reportorial
requirements in conjunction with the
AIDSWATCH programs provided in
Sec. 27 of this Act;
(b) when informing other health workers
directly involved or about to be involved
in the treatment or care of a person
with HIV/AIDS: Provided, That such
treatment or care carry the risk of HIV
transmission: Provided, further, That
such workers shall be obliged to maintain
the shared medical confdentiality;
(c) when responding to a subpoena duces
tecum and subpoena ad testifcandum
issued by a Court with jurisdiction
over a legal proceeding where the
main issue is the HIV status of an
individual:Provided,That the confdential
medical record shall be properly sealed by
its lawful custodian after being double-
checked for accuracy by the head of the
offce or department, hand delivered, and
personally opened by the judge:Provided,
further, That the judicial proceedings be
held in executive session.
Section 32. Release of HIV/AIDS test results. All results
of HIV/AIDS testing shall be confdential
and shall be released only to the following
persons:
(a) the person who submitted himself/herself
to such test;
(b) either parent of a minor child who has
been tested;
(c) a legal guardian in the case of insane
persons or orphans;
(d) a person authorized to receive such results
in conjunction with the AIDSWATCH
program as provided in Sec. 27 of this
Act;
(e) a justice of the Court of Appeals or the
Supreme Court, as provided under
subSec. (c) of this Act and in accordance
with the provision of Sec. 16 hereof.
Section 33. Penalties for violations of confidentiality.
Any violation of medical confidentiality
as provided in Sec.s 30 and 32 of this Act
shall suffer the penalty of imprisonment
for six (6) months to four (4) years,
without prejudice to administrative
sanctions such as fines and suspension
or revocation of the violators license
to practice his/her profession, as well
as the cancellation or withdrawal of the
license to operate any business entity and
the accreditation of hospitals, laboratories or
clinics.
Section 34. Disclosure to sexual partners. Any person
with HIV is obliged to disclose his/her HIV
status and health condition to his/her spouse
or sexual partner at the earliest opportune
time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
Section 35. Discrimination in the workplace.
Discrimination in any form from pre-
employment to post-employment,
including hiring, promotion or assignment,
based on the actual, perceived or suspected
HIV status of an individual is prohibited.
Termination from work on the sole basis of
actual, perceived or suspected HIV status is
deemed unlawful.
Section 36. Discrimination in schools. No educational
institution shall refuse admission or expel,
discipline, segregate, deny participation,
benefits or services to a student or
prospective student on the basis of his/
her actual, perceived or suspected HIV
status.
Section 37. Restrictions on travel and habitation. The
freedom of abode, lodging and travel of
a person with HIV shall not be abridged.
No person shall be quarantined, placed
in isolation, or refused lawful entry into
or deported from Philippine territory on
account of his/her actual, perceived or
suspected HIV status.
Section 38. Inhibition from public service. The right
to seek an elective or appointive public
office shall not be denied to a person with
HIV.
Section 39. Exclusion from credit and insurance
services. All credit and loan services,
including health, accident and life
insurance shall not be denied to a person
on the basis of his/her actual, perceived
or suspected HIV status: Provided, That
the person with HIV has not concealed or
misrepresented the fact to the insurance
company upon application. Extension
and continuation of credit and loan shall
likewise not be denied solely on the basis
of said health condition.
Section 40. Discrimination in hospitals and health
institutions. No person shall be denied
health care service or be charged with a
higher fee on account of actual, perceived or
suspected HIV status.
Section 41. Denial of burial services. A deceased person
who had AIDS or who was known, suspected
or perceived to be HIV-positive shall not be
denied any kind of decent burial services.
Section 42. Penalties for discriminatory acts and policies.
All discriminatory acts and policies referred
to in this Act shall be punishable with a
penalty of imprisonment for six (6) months
to four (4) years and a fne not exceeding Ten
thousand pesos (P10,000.00). In addition,
licenses/permits of schools, hospitals and
other institutions found guilty of committing
discriminatory acts and policies described in
this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
Section 43. Establishment. The Philippine National
AIDS Council (PNAC) created by virtue of
Executive Order No. 39 dated 3 December
1992 shall be reconstituted and strengthened
to enable the Council to oversee an integrated
and comprehensive approach to HIV/AIDS
prevention and control in the Philippines. It
shall be attached to the Department of Health.
Section 44. Functions. The Council shall be the central
advisory, planning and policy-making body
for the comprehensive and integrated HIV/
AIDS prevention and control program in the
Philippines. The Council shall perform the
following functions:
(a) Secure from government agencies
concerned recommendations on how their
respective agencies could operationalize
specifc provisions of this Act. The Council
shall integrate and coordinate such
recommendations and issue implementing
rules and regulations of this Act. The
Council shall likewise ensure that there is
adequate coverage of the following:
(1) The institution of a nationwide HIV/
AIDS information and education
program;
(2) The establishment of a comprehensive
HIV/AIDS monitoring system;
(3) The issuance of guidelines on medical
and other practices and procedures that
carry the risk of HIV transmission;
(4) The provision of accessible and
affordable HIV testing and counselling
services to those who are in need of it;
(5) The provision of acceptable health and
support services for persons with HIV/
AIDS in hospitals and in communities;
(6) The protection and promotion of the
rights of individuals with HIV; and
(7) The strict observance of medical
confdentiality.
(b) Monitor the implementation of the
rules and regulations of this Act, issue
or cause the issuance of orders or make
recommendations to the implementing
agencies as the Council considers
appropriate;
(c) Develop a comprehensive long-term
national HIV/AIDS prevention and control
program and monitor its implementation;
(d) Coordinate the activities of and strengthen
working relationships between government
and non-government agencies involved in
the campaign against HIV/AIDS;
(e) Coordinate and cooperate with foreign
and international organizations regarding
data collection, research and treatment
modalities concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make
recommendations regarding the utilization
of national resources for the prevention and
control of HIV/AIDS in the Philippines.
Section 45. Membership and composition.
a) The Council shall be composed of
twenty-six (26) members as follows:
(1) The Secretary of the Department of
Health;
Education, Culture and Sports or his
representative;
(3) The Chai rperson of t he
Commission on Higher Education
or his representative;
(4) The Director-General of the Technical
Education and Skills Development
Authority or his representative;
(5) The Secretary of the Department
of Labor and Employment or his
representative;
Social Welfare and Development or
his representative;
the Interior and Local Government
Justice or his representative;
(9) The Director-General of the National
Economic and Development
Authority or his representative;
Tourism or his representative;
(11) The Secretary of the Department
of Budget and Management or his
representative;
Foreign Affairs or his representative;
(13) The Head of the Philippine Information
Agency or his representative;
(14) The President of the League of
Governors or his representative;
(15) The President of the League of City
Mayors or his representative;
(16) The Chairperson of the Committee
on Health of the Senate of the
Philippines or his representative;
(17) The Chairperson of the Committee on
Health of the House of Representatives
(18) Two ( 2) represent at i ves f rom
organizations of medical/health
professionals;
(19) Six (6) representatives from non-
government organizations involved
in HIV/AIDS prevention and
control efforts or activities; and
(20) A representative of an organization
of persons dealing with HIV/AIDS.
(b) To the greatest extent possible, appointment
to the Council must ensure suffcient and
discernible representation from the felds of
medicine, education, health care, law, labor,
ethics and social services;
(c) All members of the Council shall be appointed
by the President of the Republic of the
Philippines, except for the representatives of
the Senate and the House of Representatives,
who shall be appointed by the Senate President
and the House Speaker, respectively;
(d) The members of the Council shall be
appointed not later than thirty (30) days
after the date of the enactment of this Act;
(e) The Secretary of Health shall be the
permanent chairperson of the Council;
however, the vice-chairperson shall be
elected by its members from among
themselves, and shall serve for a term of
two (2) years; and
(f) For members representing medical/
health professional groups and the six
(6) non-government organizations, they
shall serve for a term of two (2) years,
renewable upon recommendation of the
Council.
Section 46. Reports. The Council shall submit to the
President and to both Houses of Congress
comprehensive annual reports on the activities
and accomplishments of the Council. Such
annual reports shall contain assessments and
evaluation of intervention programs, plans
and strategies for the medium- and long-term
prevention and control program on HIV/AIDS
in the Philippines.
Section 47. Creation of Special HIV/AIDS Prevention and
Control Service. There shall be created in
the Department of Health a Special HIV/
AIDS Prevention and Control Service staffed
by qualifed medical specialists and support
staff with permanent appointment and
supported with an adequate yearly budget.
It shall implement programs on HIV/AIDS
prevention and control. In addition, it shall
also serve as the secretariat of the Council.
Section 48. Appropriations. The amount of Twenty
million pesos (P20,000,000.00) shall be initially
appropriated out of the funds of the National
Treasury. Subsequent appropriations shall be
provided by Congress in the annual budget of
the Department of Health under the General
Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 49. Implementing rules and regulations. Within
six (6) months after it is fully reconstituted,
the Council shall formulate and issue the
appropriate rules and regulations necessary
for the implementation of this Act.
Section 50. Separability clause. If any provision of this
Act is declared invalid, the remainder of this
Act or any provision not affected thereby
shall remain in force and effect.
Section 51. Repealing clause. All laws, presidential
decrees, executive orders and their
implementing rules inconsistent with the
provisions of this Act are hereby repealed,
amended or modifed accordingly.
Section 52. Effectivity. This Act shall take effect
fifteen (15) days after its publication in
at least two (2) national newspapers of
Approved:February 13, 1998.

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Food Accessibility Laws 01

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