Food Accessibility Laws 01

COMPENDIUM OF RIGHT TO FOOD LAWS IN THE PHILIPPINES

Volume II Food Accessibility Laws

Part 3

91 Madasalin Street, Sikatuna Village, Quezon City

National Food Coalition

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

602 COMPENDIUM OF RTF LAWS 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 efficiency of agribusiness and develop high-value crops as export crops that will significantly 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

Food Accessibility Laws 603 environmentally friendly manner. The State has the right to expropriate lands not utilized for the benefit of the community and the country as a whole. The State shall effect an efficient 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) beneficiaries, upland farm owners, farmers, farmers organizations/associations/ cooperatives, community associations and farmworkers, and to the extent herein provided, the departments, offices, agencies, subdivisions, branches or instrumentalities in the areas identified by the Department of Agriculture as key commercial crop production areas. Section 4. Definition 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,

604 COMPENDIUM OF RTF LAWS papaya, mango, pineapple, strawberry, jackfruit, rambutan, durian, mangosteen, guava, lanzones, and watermelon), root crops (potato and ubi), vegetable crops (asparagus, broccoli, cabbage, celery, carrots, cauliflower, radish, tomato, bell pepper, and patola), legumes, pole sitao (snap beans and garden pea), spices and condiments (black pepper, garlic, ginger, and onion), and cutflower 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 specific 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 classification 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.

Food Accessibility Laws 605 Section 5. Site Identification. 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 identification 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-five (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.

606 COMPENDIUM OF RTF LAWS 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 qualified 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 financial 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 financial institutions toward highvalue 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

Food Accessibility Laws 607 operations of the sixty percent (60%) portion of the HVCDF through LBP and DBP facilities or their conduits. All financial 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 five 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 financial 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 specifically 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 beneficiaries, subject to the prevailing Land Bank interest rates;

608 COMPENDIUM OF RTF LAWS 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 defined 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.

Food Accessibility Laws 609 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. Agroprocessing firms buying directly from project proponents shall be granted tax rebates. T o 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, specifications, 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;

610 COMPENDIUM OF RTF LAWS 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 qualified 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.

Food Accessibility Laws 611 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

612 COMPENDIUM OF RTF LAWS 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 specific 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 financial institutions compliance to the program; c. Extend assistance in marketing and distribution of highvalue crops through monitoring and dissemination of market information, including identification 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 efficient, 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,

Food Accessibility Laws 613 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

614 COMPENDIUM OF RTF LAWS 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 modified 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 Official Gazette, whichever comes first.

Food Accessibility Laws 615 Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No. 8289 May 6, 1997 AmendingR.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. 6977is hereby amended to read as follows: Sec. 3.Small and Medium Enterprise as Beneficiaries. - Small and Medium Enterprise shall be defined as any business activity or enterprise engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or

616 COMPENDIUM OF RTF LAWS corporation whose total assets, inclusive of those arising from loans butt exclusive of the land on which the particular business entitys office, plant and equipment are situated, must have value falling under the following categories:
Micro Small Medium less than P1,500,001 P15,000,001 P 1,500,001 P15,000,000 P60,000,000

The above definitions shall be subject to review and adjustment by the said Councilmotoproprioor upon recommendation of sectoral organization(s) taking into account inflation 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 definition must be: (a) duly registered with the appropriate agencies as presently provided by law: Provided, That in the case of micro enterprises as defined herein, registration with the office of the municipal or city treasurer shall be

Food Accessibility Laws 617 deemed sufficient 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 tourismrelated establishments, and agribusiness, 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 firms joining in cooperative activities with other small and medium enterprises. Programs of the financing corporation as provided in subsequent Sec.s of this Act shall

618 COMPENDIUM OF RTF LAWS 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. Section 3. Sec. 5 of Republic Act No. 6977is hereby amended 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 simplification 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 offices in coordination with other agencies, are minimized in the act of registration, availment of financing and accessing other government services and assistance. (b) Role of the private sector. -In order to hasten growth and expansion of small

Food Accessibility Laws 619 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. T o encourage private sector participation, the Council, in consultation with the concerned sector, may recommend simplified 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 unified under a national federation/association. (c) Coordination of government efforts. -Government efforts shall be coordinated to achieve coherence in objectives. All appropriate offices, 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 T echnology, Local Government and

620 COMPENDIUM OF RTF LAWS T ourism as well as the National Economic and Development Authority and the Bangko Sentral ng Pilipinas, through their national, regional and provincial offices, 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 offices in order to enhance and attain greater efficiency in the provision of services to the countryside and the implementation of this Act, in coordination with local government units. T o this end, the government agencies shall effect a substantial delegation of authority to their regional and provincial offices to make decisions, particularly in the registration of beneficiaries of this law, qualification for availment of benefits, 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. 6977is hereby amended to read as follows: SEC. 6. Creation of a Small and Medium Enterprise Development Council. - T o

Food Accessibility Laws 621 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. Section 5. Sec. 7 of Republic Act No. 6977is hereby amended 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;

622 COMPENDIUM OF RTF LAWS (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 officio 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.

Food Accessibility Laws 623 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 officials 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 five (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

624 COMPENDIUM OF RTF LAWS on behalf of the Council during intervals of council meetings, and within the specific authority granted by the Council. Section 6. Sec. 9 of Republic Act No. 6977is hereby amended to read as follows: 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 officials, and recommend annual as well as mediumterm 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;

Food Accessibility Laws 625 (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. 6977is hereby amended to read as follows: Sec. 10Rationalization 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 nonfinancing 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 office shall receive no less than fifty percent (50%) of the assets, and budgetary allocations of the agencies for promotion, development and financing of small and medium enterprises that may be henceforth dissolved and/or

626 COMPENDIUM OF RTF LAWS abolished and absorbed, incorporated and integrated into the SMED Council. Section 8. Sec. 11 of Republic Act No. 6977is hereby amended to read as follows: Sec. 11Creation 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 finance, technology, production, management and business linkages, and provide, promote, develop and widen in both scope and service reach various alternative modes of financing for small and medium enterprises, including but not limited to, direct and indirect project lending, venture capital, financial leasing, secondary mortgage and/or rediscounting of loan papers to small business, secondary/regional stock markets: Provided, That crop production financing shall not be serviced by the Corporation. The Corporation shall guarantee loans obtained by qualified 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

Food Accessibility Laws 627 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 offices 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

628 COMPENDIUM OF RTF LAWS 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 five (5) government financial 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 financial institutions. Section 9. Sec. 13 of Republic Act No. 6977is hereby amended to read as follows: SEC. 13. Mandatory Allocation of Credit Resource to Small and Medium Enterprises. - For the period of ten (10) years from the

Food Accessibility Laws 629 date of the effectivity of this Act, all lending institutions as defined 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.

630 COMPENDIUM OF RTF LAWS 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. 10. Sec. 14 of Republic Act No, 6977is 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 fine of not less than Five hundred thousand pesos (P500,000). 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. 12. Repealing Clause.- All laws, executive orders, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed or modified accordingly. 13. Effectivity.- This Act shall take effect upon its approval.

Section

Section

Section

Section

Approved:May 6, 1997.

Food Accessibility Laws 631 Republic of the Philippines Congress of the Philippines 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 Definitions 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 fishery resources in order to provide the food needs of the population. A flexible

632 COMPENDIUM OF RTF LAWS policy towards the attainment of food security shall be adopted in response to changes in demographic trends for fish, emerging trends in the trade of fish and other aquatic products in domestic and international markets, and the law of supply and demand; lawphi1 (b) to limit access to the fishery 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 fishery 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 fisherfolk, 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;

Food Accessibility Laws 633 (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 postharvest 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 fishery 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 fishery resources under the basic concept that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the State but also active participant and partner of the Government in the sustainable development, management, conservation and protection of the fishery and aquatic resources of the country.

634 COMPENDIUM OF RTF LAWS The state shall ensure the attainment of the following objectives of the fishery sector: 1. Conservation, protection and sustained management of the countrys fishery 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 deepsea 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 fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fishpens/cages; and (c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands. lawphi1 Section 4 . Definition of Terms. - As used in this Code, the following terms and phrases shall mean as follows:

Food Accessibility Laws 635 1. Ancillary Industries - firms or companies related to the supply, construction and maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest and postharvest facilities. 2. Appropriate Fishing T echnology - adaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally source-based and labor intensive. 3. Aquaculture - fishery operations involving all forms of raising and culturing fish and other fishery 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 nonliving 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

636 COMPENDIUM OF RTF LAWS 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 artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution. 5. Aquatic Resources - includes fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including, but not limited to, salt and corals. 6. Artificial 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 fishery species and shoreline protection. 7. Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. 8. Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters.

Food Accessibility Laws 637 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 flats, seagrass beds and other soft-bottom areas. 10. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing, to be further classified as: (1) Smal l scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT; (2) Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and (3) Large commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT. 11. Commercial Scale - a scheme of producing a minimum harvest per

638 COMPENDIUM OF RTF LAWS hectare per year of milkfish 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 semiprecious. 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 defined by markers and assigned exclusively to

Food Accessibility Laws 639 specific individuals or organizations for certain specified and limited uses such as: (a) Aquaculture, sea ranching and sea farming; (b) Fish aggregating devices; (c) Fixed and passive fishing gears; and (d) Fry and fingerlings gathering. 15. Department - shall mean the Department of Agriculture. 16. Electrofishing - the use of electricity generated by batteries, electric generators and other source of electric power to kill, stupefy, disable or render unconscious fishery 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 fishery 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 defined under existing laws.

640 COMPENDIUM OF RTF LAWS 19. FARMCs - the Fisheries and Aquatic Resources Management Councils. 20. Farm-to-Market Roads - shall include roads linking the fisheries 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 finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora 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 floating 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 floats. 24. Fish Corral or Baklad - a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split blood mattings or wire mattings with one or

Food Accessibility Laws 641 more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or bags. 25. Fish fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm. depending on the species. 26. Fish fry - a stage at which a fish 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 fish and fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. 28. Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources.lawphi1 29. Fisherfolk Cooperative - a duly registered association of fisherfolk 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 benefits of the undertakings in accordance with universally accepted cooperative principles.

642 COMPENDIUM OF RTF LAWS 30. Fisherfolk Organization - an organized group, association, federation, alliance or an institution of fisherfolk which has at least fifteen (15. members, a set of officers, 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 fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. 32. Fish Pond - a land-based facility enclosed with earthen or stone material to impound water for growing fish. 33. Fishing Boat/Gear License - a permit to operate specific types of fishing boat/ gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery resources. 34. Fishery Management Areas - a bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes. 35. Fishery Operator - one who owns and provides the means including land, labor, capital, fishing gears and vessels, but does not personally engage in fishery. 36. Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which may damage the

Food Accessibility Laws 643 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 flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans. 39. Fishing - the taking of fishery species from their wild state of habitat, with or without the use of fishing vessels. 40. Fishing gear - any instrument or device and its accessories utilized in taking fish and other fishery species. (a) Active fishing gear - is a fishing 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 fishing 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, fishpots, traps and gill nets across the path of the fish.

644 COMPENDIUM OF RTF LAWS 41. Fishing vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1. or more vessels in the performance of any activity relating to fishing, 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,

Food Accessibility Laws 645 disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 44. Fishworker - a person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit-sharing or stratified sharing basis, including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish 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-sufficiency (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

646 COMPENDIUM OF RTF LAWS 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 floodwater level in the locality and strong enough to resist pressure at the highest flood 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 fishery and brackishwater fishponds. 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 fishery policy by which a system of equitable resource and allocation is established by law through

Food Accessibility Laws 647 fishery 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 fish that can be harvested from a fish 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 fishery 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 fishes which migrate to freshwater areas to spawn; (b) Catadromous species - freshwater fishes which migrate to marine areas to spawn. 55. Monitoring, control and surveillance (a) Monitoring - the requirement of continuously observing: (1) fishing effort which can be expressed by the number of days or hours of fishing,

648 COMPENDIUM OF RTF LAWS number of fishing gears and number of fisherfolk; (2) characteristics of fishery 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 fisherfolk - persons who are directly or indirectly engaged in municipal fishing and other related fishing activities. 57. Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3. gross tons or less, or fishing not requiring the use of fishing 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

Food Accessibility Laws 649 (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 fish 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.

650 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 651 65. Post-harvest facilities - these facilities include, but are not limited to, fishport, fishlanding, ice plants and cold storages, fish 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 fishes, 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

652 COMPENDIUM OF RTF LAWS 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 fishery area, or from any fishery species or group of fishery species, or a combination of area and species and normally would not exceed the MSY. 73. Trawl - an active fishing 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 fishery species by straining them from the water, including all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets.

Food Accessibility Laws 653 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 fishery 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, scientific, technological and educational purposes that would also benefit Filipino citizens. Section 6. Fees and Other Fishery Charges.- The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect 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 fishery charges and issue the corresponding license or permit for fishing gear, fishing accessories and other fishery activities beyond the municipal waters: Provided, further, That the license fees of fishery 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.

654 COMPENDIUM OF RTF LAWS Section 7. Access to Fishery Resources.- The Department shall issue such number of licenses and permits for the conduct of fishery activities subject to the limits of the MSY of the resource as determined by scientific 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 fish captured, for a specified period of time and specified area based on the best available evidence. Such a catch ceiling may be imposed per species of fish whenever necessary and practicable: Provided, however, That in municipal waters and fishery 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 five (5) days before the declaration, a closed season in any or all Philippine waters outside the boundary of

Food Accessibility Laws 655 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 fisherfolk 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, fishery management areas and other areas reserved for the use of the municipal fisherfolk, 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, fisheries management and other areas reserved for the use of the municipal fisherfolk. Section 10. Introduction of Foreign Aquatic Species.- No foreign finfish, mollusk, crustacean or aquatic plants shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based on scientific 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 scientific/research purposes.

656 COMPENDIUM OF RTF LAWS 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 fishing and/or taking of rare, threatened and/or endangered species, including their eggs/offspring as identified by existing laws in concurrence with concerned government agencies. Section 12. Environmental Impact Statement (EIS). All government agencies as well as private corporations, firms 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 Certificate (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 first securing an Environmental Compliance Certificate (ECC) from the Secretary of the DENR.

Food Accessibility Laws 657 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 fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a sustainable basis and conserved for the benefit and enjoyment exclusively of Filipino citizens. Section 15. Auxiliary Invoices.- All fish and fishery 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 defined 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.

658 COMPENDIUM OF RTF LAWS 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 fishery laws, rules and regulations as well as valid fishery 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.

Food Accessibility Laws 659 Section 17. Grant of Fishing Privileges in Municipal Waters.The duly registered fisherfolk organizations/ cooperatives shall have preference in the grant of fishery 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 offices 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 offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures. Section 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as defined in this Code, shall be utilized by municipal fisherfolk and their cooperatives/ organizations who are listed as such in the registry of municipal fisherfolk. 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 fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met:

660 COMPENDIUM OF RTF LAWS (a) no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified 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 certified 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 fishing 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 fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal waters, and of monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall submit to the LGU the list of priorities for its consideration.

Food Accessibility Laws 661 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 beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms. The LGUs shall also maintain a registry of municipal fishing 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 fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish farming: Provided, however, That an organization/cooperative member whose household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing 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

662 COMPENDIUM OF RTF LAWS priority to exploit municipal and demarcated fishery areas of the said municipality. 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery rights to fishery organizations/cooperatives for mariculture operation in specific areas identified by the Department. 23. Limited Entry Into Overfished Areas.- Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger of being overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters. 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide support to municipal fisherfolk through appropriate technology and research, credit, production and marketing assistance and other services such as, but not limited to training for additional/supplementary livelihood. 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the privileges accorded to other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as amended.

Section

Section

Section

Section

Food Accessibility Laws 663 ARTICLE II COMMERCIAL FISHERIES Section 26. Commercial Fishing Vessel License and Other Licenses.- No person shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational purposes, or engage in any fishery activity, or seek employment as a fishworker or pearl diver without first 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 fishing vessel engaged in scientific, research or educational purposes within Philippine waters pursuant to an international agreement of which the Philippines is a signatory and which agreement defines the status, privileges and obligations of said vessel and its crew and the non-Filipino officials of the international agency under which said vessel operates: Provided, further, That members of the crew of a fishing vessel used for commercial fishing except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to undertake an orientation training on detection of fish caught by illegal means before

664 COMPENDIUM OF RTF LAWS they can be issued their fishworker licenses: Provided, finally, That the large commercial fishing 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 certified 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 fishing 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 qualified 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 fishing, fishing vessels owned by citizens of the Philippines, partnerships, corporations, cooperatives or associations qualified under this section shall secure Certificates of Philippine Registry and such other documents as are necessary for fishing operations from the concerned

Food Accessibility Laws 665 agencies: Provided, That the commercial fishing vessel license shall be valid for a period to be determined by the Department. 28. Commercial Fishing Vessel Registration. - The registration, documentation, inspection and manning of the operation of all types of fishing vessels plying Philippine waters shall be in accordance with laws, rules and regulations. 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing.- Before a commercial fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine waters, the fishing gear it will utilize in fishing 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. 30. Renewal of Commercial Boat License. - The commercial fishing boat license shall be renewed every three (3) years. The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within which to renew the same. 31. Report of Transfer of Ownership.- The owner/ operator of a registered fishing 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.

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666 COMPENDIUM OF RTF LAWS 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 fishing 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 fishing permit and certificate of clearance from the Department: Provided, further, That the fish 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 fish landings and fish ports in the Philippines: Provided, furthermore, That landing ports established by canneries, seafood processors and all fish landing sites established prior to the effectivity of this Code shall be considered authorized landing sites: Provided, finally, That fishworkers on board Philippine registered fishing vessels conducting fishing 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 fishing vessels, the approval/clearance of the Department must first be obtained.

Food Accessibility Laws 667 Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk.- Municipal and smallscale commercial fisherfolk 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 financing institutions shall be made available for post-harvest and marketing projects for the purpose of enhancing our fisherfolk competitiveness by reducing post-harvest losses. Qualified 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 fishers. Such program shall include organizing activities, technology transfer, and skills training related to commercial fishing 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

668 COMPENDIUM OF RTF LAWS 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 fisherfolk. 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 finance the building and acquisition and/or improvement of fishing vessels and equipment; (b) commercial fishing vessel operators of Philippine registry shall enjoy a limited period of tax and duty exemptions on the importation of fishing vessels not more than five (5) years old, equipment and paraphernalia, the period of exemption and guidelines shall be fixed by the

Food Accessibility Laws 669 Department within ninety (90) days from the effectivity of this Code; (c) commercial fishing operator of Philippine registry engaged in fisheries 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 fishing operation project is qualified for registration and is duly registered with the BOI. Section 36. Complement of Fishing Vessels. - Every commercial fishing 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 fishing 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 fishing vessel of twenty (20) GT or more shall have as a member of its crew a person qualified as a first aider duly certified by the Philippine National Red Cross. Section 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record of

670 COMPENDIUM OF RTF LAWS fish catch and spoilage, landing points, and quantity and value of fish caught, and off-loaded for transshipment, sale and/or other disposal. Detailed information shall be duly certified by the vessels captain and transmitted monthly to the officer or representative of the Department, at the nearest designated landing point. 39. Report of Meteorological and Other Data. All vessels and crafts passing navigational lanes or engaged in fisheries 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 fishing industry. 40. Color Code and Radio Frequency.- For administrative efficiency and enforcement of regulations, registered fishing vessels shall bear a color code as may be determined by the Department and may be assigned a radio frequency specific and distinct to its area of operation. 41. Passage.- Commercial and other passage not in the regular conduct of fisheries activity shall be made at designated navigational lanes. 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and sea facilities available in the Philippines to transport fishery products which are caught outside Philippine territorial waters to its final destination shall call only at duly designated government-owned or-controlled regional fishport complexes after securing clearance from the Department.

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Food Accessibility Laws 671 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 fishing vessels and the assignment of radio frequencies specific 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 fishing 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 fishery 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 fishpond development primarily to qualified fisherfolk 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 twentyfive (25) years in the utilization of their respective leased areas. Thereafter, such

672 COMPENDIUM OF RTF LAWS FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, That the Department shall declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or fish traps shall be allowed in lakes. Section 46. Lease of Fishponds.- Fishpond leased to qualified persons and fisherfolk organizations/ cooperatives shall be subject to the following conditions: (a) Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250 hectares for corporations or fisherfolk organizations; (b) The lease shall be for a period of twentyfive (25) years and renewable for another twenty-five (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 qualified;

Food Accessibility Laws 673 (c) Lease rates for fishpond 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 qualified 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 five (5) years from the date of approval of the lease contract shall automatically revert to the public domain for reforestation; (e) The fishpond 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 fishpond 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.

674 COMPENDIUM OF RTF LAWS 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, effluent 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

Food Accessibility Laws 675 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%)

676 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 677 Section 54. Insurance for Fishponds, Fish Cages and Fish Pens.- Inland fishponds, fish cages and fish 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 flowing through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede the flow 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 Defined 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 defined migration path of migratory fish species such as river mouths

678 COMPENDIUM OF RTF LAWS 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 fish hatcheries, fish breeding facilities and private fishponds 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 fishponds, fish pens and fish cages whether in public or private lands: Provided, further, That all fishpond, fish pens and fish 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 fisheries postharvest 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:

Food Accessibility Laws 679 (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 semiprocessing, processing and handling; (d) development of domestic fishmeal industry; (e) development of fisheries 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 fisheries 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 fishing communities such as, but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage and other fish

680 COMPENDIUM OF RTF LAWS processing establishments to serve primarily the needs of municipal fisherfolk: Provided, That such post-harvest facilities shall be consistent with the Comprehensive Postharvest and Ancillary Industries Plan. Section 60. Registration and Licensing of all Post-Harvest Facilities.- All post-harvest facilities such as fish processing plants, ice plants, and cold storages, fish ports/landings and other fishery 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 fish 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 sufficiency 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 certified as necessary by the Department

Food Accessibility Laws 681 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 fish imports for canning/processing purposes only may be allowed without the necessary certification, but within the provisions of Section 61(d) of this Code; and (d) No person, shall import and/or export fishery 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 fish and fishery/aquatic resources with the Governments export/import simplification procedures. Section 62. Instruments of Weights and Measures, and Quality Grades/Standards. - Standards for weights, volume and other measurements for all fishery transactions shall be set by the Department. All fish and fishery 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.

682 COMPENDIUM OF RTF LAWS 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 fishing industry, to be appointed by the President. Such Undersecretary shall have the following functions: (a) set policies and formulate standards for the effective, efficient and economical operations of the fishing industry in accordance with the programs of the government; (b) exercise overall supervision over all functions and activities of all offices and instrumentalities and other offices related to fisheries including its officers; (c) establish, with the assistance of the director, such regional, provincial and other fishery officers as may be necessary and appropriate and organize the internal structure of BFAR in such manner as is

Food Accessibility Laws 683 necessary for the efficient 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 fishing vessels; (c) issue identification cards free of charge to fishworkers engaged in commercial fishing; (d) monitor and review joint fishing agreements between Filipino citizens and foreigners who conduct fishing activities in international waters, and ensure that such agreements are not contrary to Philippine commitment under international treaties and convention on fishing in the high seas; (e) fo rmu late an d im plem ent a Comprehensive Fishery Research and Development Program, such as, but not limited to, sea farming, sea

684 COMPENDIUM OF RTF LAWS ranching, tropical/ornamental fish and seaweed culture, aimed at increasing resource productivity, improving resource use efficiency, and ensuring the long-term sustainability of the countrys fishery and aquatic resources; (f) establish and maintain a Comprehensive Fishery Information System; (g) provide extensive development support services in all aspects of fisheries production, processing and marketing; (h) provide advisory services and technical assistance on the improvement of quality of fish from the time it is caught (i.e. on board fishing vessel, at landing areas, fish markets, to the processing plants and to the distribution and marketing chain); (i) coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives; (j) advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markets and fish 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 efficient monitoring, control and surveillance of fishing activities within

Food Accessibility Laws 685 Philippine territorial waters and provide the necessary facilities, equipment and training therefor; (l) implement an inspection system for import and export of fishery/aquatic products and fish 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 fishing communities to enable women to engage in other fisheries/economic activities and contribute significantly to development efforts; (n) enforce all laws, formulate and enforce all rules and regulations governing the conservation and management of fishery resources, except in municipal waters, and to settle conflicts 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 fishery industries; (q) assist the LGUs in developing their technical capability in the development, management, regulation, conservation, and protection of the fishery resources;

686 COMPENDIUM OF RTF LAWS (r) formulate rules and regulations for the conservation and management of straddling fish stocks and highly migratory fish stocks; and (s) perform such other related functions which shall promote the development, conservation, management, protection and utilization of fisheries 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 offices as may be appropriate and necessary to carry out effectively and efficiently the provisions of this Code. Section 67. Fisheries Inspection and Quarantine Service. For purposes of monitoring and regulating the importation and exportation of fish and fishery/aquatic resources, the Fisheries Inspection and Quarantine Service in the BFAR is hereby strengthened and shall have the following functions: (a) conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish

Food Accessibility Laws 687 pests or diseases shall be confiscated and disposed of in accordance with environmental standards and practices; (b) implement international agreements/ commitments on bio-safety and biodiversity as well as prevent the movement or trade of endemic fishery 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 fish pests or diseases and/or regulated by existing fishery regulations and ensure that the quality of fish import and export meet international standards; and (e) document and authorize the movement or trade of fish and fishery products when found free of fish pests or diseases and collect necessary fees prescribed by law and regulations.

688 COMPENDIUM OF RTF LAWS 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 fishery/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 defined by this Code. The FARMCs shall be formed by fisherfolk organizations/ cooperatives and NGOs in the locality and be assisted by the LGUs and other government entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk, 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 fifteen (15) members consisting of:

Food Accessibility Laws 689 (a) the Undersecretary of Agriculture, as Chairman; (b) the Undersecretary of the Interior and Local Government; (c) five (5) members representing the fisherfolk and fishworkers; (d) five (5) members representing commercial fishing and aquaculture operators and the processing sectors; (e) two (2) members from the academe; and (f) one (1) representative of NGOs involved in fisheries. 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 Office.- 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 fishery 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

690 COMPENDIUM OF RTF LAWS (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 fishery ordinances to the sangguniang bayan/sangguniang panlungsod through its Committee on Fisheries; (c) assist in the enforcement of fishery laws, rules and regulations in municipal waters; (d) advise the sangguniang bayan/panlungsod on fishery 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.

Food Accessibility Laws 691 Section 75. Composition of the M/CFARMC . - The regular member of the M/CFARMCs shall be composed of: (a) Municipal/City Planning Development Officer; (b) Chairperson, Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod; (c) representative of the Municipal/City Development Council; (d) representative from the accredited nongovernment organization; (e) representative from the private sector; (f) representative from the Department of Agriculture; and (g) at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk, one (1) fishworker and three (3) commercial fishers) 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:

692 COMPENDIUM OF RTF LAWS (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 fishery ordinances to the concerned sangguniang bayan/panlungsod through its Committee on Fisheries, if such has been organized; (c) assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters; (d) advice the concerned sangguniang bayan/panlungsod on fishery 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 Officers of the concerned municipalities/cities; (c) the Municipal/City Development Officers of the concerned municipalities/cities; (d) one (1) representative from NGO; (e) one (1) representative from private sector; and

Food Accessibility Laws 693 (f) at least nine (9) representatives from the fisherfolk 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 fifteen (15) kilometers from shoreline as fishery reservation for the exclusive use of the government or any of its political subdivisions, agencies or instrumentalities, for propagation, educational, research and scientific 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 fishery reserves for special or limited use, for educational, research, and/or special management purposes. The FARMCs may recommend to the Department portions of

694 COMPENDIUM OF RTF LAWS the municipal waters which can be declared as fisheries reserves for special or limited use for educational, research and special management purposes. Section 81. Fish Refuge and Sanctuaries.- The Department may establish fish refuge and sanctuaries to be administered in the manner to be prescribed by the BFAR at least twenty-five percent (25%) but not more than forty percent (40%) of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Within these areas no commercial fishing shall be allowed. All marine fishery reserves, fish 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 fishery refuge and sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries: Provided, further, That at least fifteen percent (15%) where applicable of the total coastal areas in each municipality shall be identified, based on the best available scientific data and in consultation with the Department, and automatically designated as fish sanctuaries by the LGUs in consultation with the concerned FARMCs.

Food Accessibility Laws 695 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 fisheries research in the development, management, conservation and protection of the countrys fisheries 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

696 COMPENDIUM OF RTF LAWS (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 specific to its manpower requirements and operations to ensure the independent and objective implementation of its research activities. Section 83. Qualification 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 fisheries and/or other related disciplines. The organizational structure and staffing pattern shall be approved by the Department: Provided, however, That the staffing pattern and remunerations for scientific and technical staff shall be based on the qualification 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:

Food Accessibility Laws 697 (a) T o raise the income of the fisherfolk and to elevate the Philippines among the top five (5) in the world ranking in the fish productions; (b) to make the countrys fishing industry in the high seas competitive; (c) to conduct social research on fisherfolk families for a better understanding of their conditions and needs; and (d) to coordinate with the fisheries schools, LGUs and private sectors regarding the maximum utilization of available technology, including the transfer of such technology to the industry particularly the fisherfolk. 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 scientific equipment, which shall facilitate, monitor, and implement various research needs and activities of the fisheries sector; (b) provide a venue for intensive training and development of human resources in the field of fisheries, a repository of all fisheries researches and scientific information; (c) provide intensive training and development of human resources in the field of fisheries for the maximum utilization of available technology;

698 COMPENDIUM OF RTF LAWS (d) hasten the realization of the economic potential of the fisheries sector by maximizing developmental research efforts in accordance with the requirements of the national fisheries 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 fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery 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 fishing vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed.

Food Accessibility Laws 699 It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may hereinafter be declared as over-exploited. Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic revocation of license. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five hundred pesos (500.00). Section 87. Poaching in Philippine Waters.- It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing 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

700 COMPENDIUM OF RTF LAWS confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose an administrative fine 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, fish or any fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery 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 scientific purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted scientific

Food Accessibility Laws 701 practices and without causing adverse environmental impact in neighboring waters and grounds shall not be construed as illegal fishing. It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery 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-fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute prima facie evidence, that the same was used for fishing in violation of this Code. The discovery in any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof. (2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2) years.

702 COMPENDIUM OF RTF LAWS (3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing 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 profit, illegally caught/ gathered fisheries 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 fishing vessels, fishing equipment and catch shall be forfeited. Section 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using nets with mesh smaller than that which may be fixed by the Department: Provided, That the prohibition on the use of fine 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 identified in the implementing rules and regulations by the Department. Violation of the above shall subject the offender to a fine from T wo thousand pesos (P2,000.00)

Food Accessibility Laws 703 to T wenty thousand pesos (P20,000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court: Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman shall also be subject to the penalties provided herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this provision shall be subjected to the same penalties provided herein: Provided, finally, That the Department is hereby empowered to impose upon the offender an administrative fine 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 fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Violators of the above prohibitions shall suffer the following penalties: (1) The boat captain and master fisherman 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 fined from T wo thousand pesos (P2,000.00) to T wenty thousand pesos (20,000.00) upon the discretion of the court.

704 COMPENDIUM OF RTF LAWS If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation. If the owner/operator is a partnership the penalty shall be imposed on the managing partner. (3) The catch shall be confiscated 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 scientific or research purposes. Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (20,000.00), or both such fine and imprisonment, at the discretion of the court, and forfeiture of the subject corals, including the vessel and its proper disposition. The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or scientific 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 fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be

Food Accessibility Laws 705 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 fish and other fishery 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.

706 COMPENDIUM OF RTF LAWS Section 93. Illegal Use of Superlights.- It shall be unlawful to engage in fishing 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 fishponds 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.

Food Accessibility Laws 707 Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years and/ or fine of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or license. Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries.- It shall be unlawful to fish in fishery areas declared by the Department as fishery 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 fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of fishing permit or license. Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species.- It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CITES and as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit. Section 98. Capture of Sabalo and Other Breeders/Spawners.It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or

708 COMPENDIUM OF RTF LAWS sabalo and such other breeders or spawners of other fishery species as may be determined by the Department: Provided, That catching of sabalo and other breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos (P80,000.00) and forfeiture of the catch, and fishing 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, confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit. Section 100. Importation or Exportation of Fish or Fishery Species.- Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery 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

Food Accessibility Laws 709 of companies currently engaged in fisheries 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 fish in violation of catch ceilings as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years and/ or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch, and fishing equipment used and revocation of license. Section 102. Aquatic Pollution.- Aquatic pollution, as defined 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 fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until such violation ceases and the fines paid. Section 103. Other Violations.- The following fisheries 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 fishing vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with the safety

710 COMPENDIUM OF RTF LAWS standards provided in this Code, shall be immediately prevented from continuing with his fishing activity and escorted to the nearest port or landing point. The license to operate the commercial fishing 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 fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) first offense, a fine of Five hundred pesos (P500.00) per unreported hectare; (2) subsequent offenses, a fine 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 fish 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 flow or ebb of tide.

Food Accessibility Laws 711 (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 aboveenumerated prohibited acts shall subject the offender to a fine 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 fine and imprisonment, upon the discretion of the court: Provided, That the Secretary is hereby empowered to impose upon the offender an administrative fine of not more than Ten thousand pesos (P10,000.00) or to cancel his permit or license, or to impose such fine 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, finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such inspection and/or movement is authorized

712 COMPENDIUM OF RTF LAWS under this Code, shall be subject to a fine of not more than Ten thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine 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 confiscated 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 fishing vessel employing unlicensed fisherfolk or fishworker shall be fined 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 Defined Migration Paths. Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but

Food Accessibility Laws 713 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 hundred thousand pesos (P100,000.00) 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 Officer.- The boat owner, master or operator or any person acting on his behalf of any fishing vessel who evades, obstructs or hinders any fishery law enforcement officer of the Department to perform his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the registration, permit and/or license of the vessel including the license of the master fisherman shall be canceled. Section 107. Promulgation of Administrative Orders.- For purposes of fishery regulation or other fishery 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 fishery and aquatic resources.

714 COMPENDIUM OF RTF LAWS 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 financial assistance from any source and may receive any donation therefore.

Food Accessibility Laws 715 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 qualified borrowers to finance the development of the fishery industry under a program to be prescribed by the Department. For the same purpose, the Department may seek financial 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 fishing 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 fifty million pesos (P250,000,000.00) per year for five (5) years is hereby appropriated out of the Departments allocation in the GAA to support this Development Fund. Section 112. Special Fisheries Science and Approfishtech Fund.- The Department shall provide subsidy for full technical and financial support to the development of appropriate technology, both in fishery and ancillary industries, that are ecologically sound, locally

716 COMPENDIUM OF RTF LAWS 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 Approfishtech 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 fisherfolk and their organization who will engage in aquaculture, and for the development of underdeveloped or underutilized inland fishponds. Section 114. Other Fisheries Financing Facilities.- In addition to fisheries credit guarantee, grant and other similar facilities granted under this Code, qualified Filipino fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under existing and/or new laws, specially as to rural credit, with preference being given to fisheries 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,

Food Accessibility Laws 717 further, That they have served the industry in either public or private capacity for not less than five (5) years: Provided, finally, That the first 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 T echnical 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 Approfishtech in the curricula of fisheries schools/colleges. The Department and the CHED shall jointly formulate standards to upgrade all fisheries 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:

718 COMPENDIUM OF RTF LAWS (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 Filipinooriented fishing 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 fishing ports and markets; (b) prioritize the construction of farmto-market roads linking the fisheries production sites, coastal landing points and other post-harvest facilities to major market and arterial roads/highways; (c) identity community infrastructure facilities such as fish landing ports, ice plant and cold storage facilities in consultation with fishery 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 fish ports and prescribe the highest standards for the operation and maintenance of such post-harvest facilities;

Food Accessibility Laws 719 (e) arrange and make representations with appropriate funding institutions to finance such facilities for the use of the fishery cooperatives/associations; (f) develop and strengthen marketing facilities and promote cooperative marketing systems; and (g) promote and strengthen local fisheries ship-building and repair industry. Section 120. Extension Services.- The Department shall develop cost-effective, practical and efficient extension services on a sustained basis, in addition to those provided by state educational institutions, especially to municipal fisherfolk in undeveloped areas, utilizing practicable and indigenous resources and government agencies available, and based upon a system of selfreliance 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 fisherfolk, fisheries owners/ operators, entrepreneurs, manufacturers and researchers, when disclosure of such information will injure the competitiveness or viability of domestic fisheries. Section 122. Assistance in Collecting Information. - The Department, in coordination with other government entities concerned, may require Filipino representatives abroad and foreign-based

720 COMPENDIUM OF RTF LAWS personnel to assist in the collection of fisheries 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 fishery 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 officers of the Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other government enforcement agencies, are hereby authorized to enforce this Code and other fishery laws, rules and regulations. Other competent government officials and employees, punong barangays and officers and members of fisherfolk associations who have undergone training on law enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement of this Code and other fishery 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

Food Accessibility Laws 721 to strengthen the prosecution and conviction aspects of fishery law enforcement through augmentation of the current complement of state prosecutors and through their continuous training and reorientation on fishery 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 fishing 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 five (5) years and as often as it may deem necessary, to ensure that fisheries 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 fishing vessels to operate in specified area or areas in Philippine waters for a limited period of time if there are indications of overfishing brought about by a decrease in the volume

722 COMPENDIUM OF RTF LAWS and sizes of fish caught therein or for conservation or ecological purposes. No new licenses and similar privileges on exploitation of specific fishery areas in Philippine waters and aquaculture production areas shall be issued in accordance with this Code. Such moratoria shall not exceed five (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;

Food Accessibility Laws 723 (i) Co mmissio n er of Civ il Serv ic e 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 fisherfolk;lawphi1 (o) Representative of the commercial fishers; (p) Representative of the non-government organizations involved in fishing concerns; and (q) A representative from the academe coming from the specialized fisheries institution. CHAPTER IX Final Provisions Section 130. Appropriation.- The sum necessary to effectively carry out the provisions of this Act during the first year of implementation shall be sourced from the budget of the DA/BFAR and other agencies performing fisheries-related functions: Provided, however, That such amount as may be necessary to carry out the provisions

724 COMPENDIUM OF RTF LAWS 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 modified 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 fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general publication. Approved:February 25, 1998

Food Accessibility Laws 725 REPUBLIC ACT NO. 7277 . 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, selfdevelopment 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

726 COMPENDIUM OF RTF LAWS 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 benefits 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,

Food Accessibility Laws 727 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, offices and agencies of the National Government or nongovernment organizations involved in the attainment of the objectives of this Act. Section 4. Definition of Terms. For purposes of this Act, these terms are defined 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

728 COMPENDIUM OF RTF LAWS 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) qualified 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

Food Accessibility Laws 729 (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) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications 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;

730 COMPENDIUM OF RTF LAWS (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) Qualified 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 difficulty 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

Food Accessibility Laws 731 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 fiscal relationship of the facility or facilities in question to the covered entity. (n) Pu b lic Transp ort a t ion m ea ns 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.

732 COMPENDIUM OF RTF LAWS 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 qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified 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, offices 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

Food Accessibility Laws 733 to ensure a good working atmosphere and efficient 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 qualified 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 qualifications, either as regular employee, apprentice or learner, shall be entitled to an additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided, however, That such entities present proof as certified by the Department of Labor and Employment that disabled persons are

734 COMPENDIUM OF RTF LAWS 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 qualifications. (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 fifty percent (50%) of the direct costs of the improvements or modifications. This Section, however, does not apply to improvements or modifications 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

Food Accessibility Laws 735 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. The Department of Social Welfare and 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 qualified 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.

736 COMPENDIUM OF RTF LAWS 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 financial 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 qualified

Food Accessibility Laws 737 disabled students in both public and private schools. At least five 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 efficiency, sports and physical fitness, and other skills. The Department of Education,

738 COMPENDIUM OF RTF LAWS 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 fitness programs specifically 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 nonformal 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 visuallyimpaired, 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

Food Accessibility Laws 739 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 visuallyimpaired, hearing-impaired, speechimpaired, 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

740 COMPENDIUM OF RTF LAWS 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 field 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 field health personnel in the provision of medical attention to disabled persons. It shall further ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons.

Food Accessibility Laws 741 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. T owards 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,

742 COMPENDIUM OF RTF LAWS 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. T elevision 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 significance. 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

Food Accessibility Laws 743 (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 certified by the Social Welfare and Development Office 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 Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles.

744 COMPENDIUM OF RTF LAWS Section 27. Access to Public Transport Facilities. The Department of Social Welfare and 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 fill out the ballot strictly in accordance with the instructions of the voter

Food Accessibility Laws 745 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 financial assistance. Concerned government agencies and offices 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 specific projects that will be managed like business propositions.

746 COMPENDIUM OF RTF LAWS 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 identification 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 qualified 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:

Food Accessibility Laws 747 (a) Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities; (b) U sing q u alifica t ion st a nda rds, 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 benefits, to a qualified 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 qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latters disability;

748 COMPENDIUM OF RTF LAWS (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 first sought to provide reasonable accommodations for disabled persons; (h) Failing to select or administer in the most effective manner employment tests which accurately reflect 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;

Food Accessibility Laws 749 (b) information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential 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) first aid and safety personnel may be informed, when appropriate, if the disability may require emergency treatment; (3) government officials 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.

750 COMPENDIUM OF RTF LAWS 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 five (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, office of a lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment;

Food Accessibility Laws 751 (g) a terminal, depot, or other station used for specified 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 benefit from the goods, services, facilities, privileges, advantages, or accommodations

752 COMPENDIUM OF RTF LAWS 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 benefit 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.

Food Accessibility Laws 753 (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) Op p o rtu n ity to Pa rt ic ipa t 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

754 COMPENDIUM OF RTF LAWS eq u ally en jo ying a ny goods, services, facilit ies, priv ileges, 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

Food Accessibility Laws 755 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.

756 COMPENDIUM OF RTF LAWS 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 fitness 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.

Food Accessibility Laws 757 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 financial 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

758 COMPENDIUM OF RTF LAWS 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) freed o m from requisit ion 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) simp lification of c ust om s p ro ced u res; (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

Food Accessibility Laws 759 (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 modification, the department or agency modified shall continue the functions under this Act of the department or agency that has undergone the modification.

760 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 761 Section 46. Penal Clause. (a) Any person who violates any provision of this Act shall suffer the following penalties: (1) for the first violation, a fine 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 fine 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 officials thereof directly involved shall be liable therefor.

762 COMPENDIUM OF RTF LAWS (d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings. 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. 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. 49. Repealing Clause. All laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 50. Effectivity. This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of general circulation.

Section

Section

Section

Section

Approved: March 24, 1992

Food Accessibility Laws 763 Tenth Congress Third Regular Session Begun and held in Metro Manila, on Monday the twenty eighth day of July, nineteen hundred and ninety seven REPUBLIC ACT NO. 8371 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 Be it enacted by the Senate and House of Representatives 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:

764 COMPENDIUM OF RTF LAWS 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 benefit 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

Food Accessibility Laws 765 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. T owards 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. Definition 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

766 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 767 lots, rice terraces or paddies, private forests, swidden farms and tree lots; c) Certificate of Ancestral Domain Title refers to a title formally recognizing the rights of possession and ownership of ICCs/ IPs over their ancestral domains identified and delineated in accordance with this law; d) Certificate 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 defined 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

768 COMPENDIUM OF RTF LAWS 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;

Food Accessibility Laws 769 i) Indigenous Political Structures refer to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decisionmaking and participation, identified 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 office created under his Act, which shall be under the Office 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;

770 COMPENDIUM OF RTF LAWS 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, nonprofit 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, fishing 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 defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

Food Accessibility Laws 771 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.

772 COMPENDIUM OF RTF LAWS 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 fishing 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 benefit and share the profits 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

Food Accessibility Laws 773 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

774 COMPENDIUM OF RTF LAWS 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;

Food Accessibility Laws 775 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 Conflict. Right to resolve land conflicts 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,

776 COMPENDIUM OF RTF LAWS 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 fifteen (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. T o preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora 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

Food Accessibility Laws 777 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 Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated. Section 12. Option to Secure Certificate 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.

778 COMPENDIUM OF RTF LAWS 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 classified 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 selfgovernance 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

Food Accessibility Laws 779 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

780 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 781 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. T owards 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.

782 COMPENDIUM OF RTF LAWS Section 22. Rights during Armed Conflict. ICCs/IPs have the right to special protection and security in periods of armed conflict. 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 conflict, 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 benefits, 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.

Food Accessibility Laws 783 T owards 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 benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.

784 COMPENDIUM OF RTF LAWS 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 decisionmaking 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.

Food Accessibility Laws 785 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 efficiency 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,

786 COMPENDIUM OF RTF LAWS 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 reflected 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 reflect 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.

Food Accessibility Laws 787 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

788 COMPENDIUM OF RTF LAWS 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 flora, 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.

Food Accessibility Laws 789 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 financial 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

790 COMPENDIUM OF RTF LAWS 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 Office 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 specifically 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. Qualifications, Tenure, Compensation. The Chairperson and the six (6) Commissioners must be natural born Filipino citizens, bonafide members of ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked for at least ten (10)

Food Accessibility Laws 791 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 office 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, finally, That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law. Section 42. Removal from office. Any member of the NCIP may be removed from office 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.

792 COMPENDIUM OF RTF LAWS 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 certificate 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

Food Accessibility Laws 793 from government lending institutions and other lending institutions to finance 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 benefit 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 Office of the President;

794 COMPENDIUM OF RTF LAWS m) T o issue appropriate certification 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 offices within the Commission; o) To promulgate the necessary rules and regulations for the implementation of this Act; p) T o 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 official records, documents and papers pertaining to official 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.

Food Accessibility Laws 795 Section 46. Offices within the NCIP. The NCIP shall have the following offices which shall be responsible for the implementation of the policies hereinafter provided: a) Ancestral Domains Office - The Ancestral Domain Office shall be responsible for the identification, 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, certification 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) Office on Policy, Planning and Research - The Office 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

796 COMPENDIUM OF RTF LAWS shall undergo a process such that every five years, the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. The Office 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 benefiting ICCs/IPs; c) Office of Education, Culture and Health - The Office 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 benefit 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 beneficiaries 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

Food Accessibility Laws 797 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. T owards this end, the NCIP shall deploy a representative in each of the said offices 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) Office on SocioEconomic Services and Special Concerns - The Office on SocioEconomic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic

798 COMPENDIUM OF RTF LAWS 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 Office - The Administrative Office shall provide the NCIP with economical, efficient and effective services pertaining to personnel, finance, records, equipment, security, supplies and related services. It shall also administer the Ancestral Domains Fund; and g) Legal Affairs Office - There shall be a Legal Affairs Office which shall advice the NCIP

Food Accessibility Laws 799 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 filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/ UPs rights. On the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP. Section 47. Other Offices. The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations. Section 48. Regional and Field Offices. Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. Other field offices shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but without field offices, the NCIP shall establish field offices in said provinces. Section 49. Office of the Executive Director. The NCIP shall create the Office 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

800 COMPENDIUM OF RTF LAWS 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 identification 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

Food Accessibility Laws 801 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 identification 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 officially delineated prior to the enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined hereunder; b) Petition for Delineation - The process of delineating a specific perimeter may be

802 COMPENDIUM OF RTF LAWS initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs; c) Delineation Proper - The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Office upon filing 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,

Food Accessibility Laws 803 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 Office 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;

804 COMPENDIUM OF RTF LAWS 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 fifteen ( 15) days. A copy of the document shall also be posted at the local, provincial and regional offices 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 file opposition thereto within fifteen (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 sufficient if both newspaper and radio station are not available; h) Endorsement to NCIP - Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office 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 Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and

Food Accessibility Laws 805 verification: Provided, further, That in case of rejection, the Ancestral Domains Office 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 conflicting claims among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, 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 notified thereof. Such notification shall terminate any legal basis for the jurisdiction previously claimed;

806 COMPENDIUM OF RTF LAWS 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 certificates of ancestral domain titles and certificates of ancestral lands tides before the Register of Deeds in the place where the property is situated. Section 53 Identification, Delineation and Certification 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;

Food Accessibility Laws 807 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 Office 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 Office 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 fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to

808 COMPENDIUM OF RTF LAWS allow other claimants to file opposition thereto within fifteen (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 sufficient if both newspapers and radio station are not available; f) Fifteen (15) days after such publication, the Ancestral Domains Office 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 Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. In case of rejection, the Ancestral Domains Office 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 conflicting claims among individual or indigenous corporate claimants, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or

Food Accessibility Laws 809 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 finds such claim meritorious, it shall issue a certificate 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 Office 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.

810 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 811 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

812 COMPENDIUM OF RTF LAWS 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 certified 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 fulfill its

Food Accessibility Laws 813 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

814 COMPENDIUM OF RTF LAWS 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 conflict arises shall be applied first 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.

Food Accessibility Laws 815 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 offices, 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 certification 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 certification shall be a condition precedent to the filing 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

816 COMPENDIUM OF RTF LAWS 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 filed 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) T o 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.

Food Accessibility Laws 817 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 offices 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

818 COMPENDIUM OF RTF LAWS 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:

Food Accessibility Laws 819 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.

820 COMPENDIUM OF RTF LAWS 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 Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created under Executive Order Nos. 122B and 122C respectively, are hereby merged as organic offices 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 officials of the phased-out offices who may be qualified may apply for reappointment with the NCIP and may be given prior rights in the filling up of the newly created positions of NCIP, subject to the qualifications set by the Placement Committee: Provided, furthermore, That in the case where an indigenous person and a nonindigenous person with similar qualifications apply for the same position, priority shall be given to the former. Officers and employees who are

Food Accessibility Laws 821 to be phased-out as a result of the merger of their offices 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 benefits or the gratuity herein provided. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity received: Provided, finally, That absorbed personnel must still meet the qualifications 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 finances. Section 76. Transfer of Assets/Properties. All real and personal properties which are vested in, or belonging to, the merged offices 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 offices: Provided, That all contracts, records and documents relating to the operations of the merged offices shall be transferred to the NCIP. All agreements and contracts entered

822 COMPENDIUM OF RTF LAWS into by the merged offices shall remain in full force and effect unless otherwise terminated, modified 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 qualified 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 first and second level employees association in the Offices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served the community for at least five (5) years and peoples organizations (POs) with at least five (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

Food Accessibility Laws 823 reclassified 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. 79. Appropriations. The amount necessary to finance 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. 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. 81. Saving Clause. This Act will not in any manner adversely affect the rights and benefits of the ICCs/IPs under other conventions, recommendations, international treaties, national laws, awards, customs and agreements. 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

Section

Section

Section

824 COMPENDIUM OF RTF LAWS 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 modified accordingly. Section 84. Effectivity. This Act shall take effect fifteen (15) days upon its publication in the Official 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 finally 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

Food Accessibility Laws 825 REPUBLIC ACT NO. 8972 AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives 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.

826 COMPENDIUM OF RTF LAWS Section 3. Definition 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; (3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified 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; (6) Parent left solo or alone with the responsibility of parenthood due to

Food Accessibility Laws 827 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; (7) Parent left solo or alone with the responsibility of parenthood due to 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 benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. (b) Children - refer to those living with and dependent upon the solo

828 COMPENDIUM OF RTF LAWS 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 benefits 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 defined 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

Food Accessibility Laws 829 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 conflicts. (c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on

830 COMPENDIUM OF RTF LAWS early childhood development, behavior management, health care, rights and duties of parents and children. (d) Critical incidence stress debriefing 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 flexible 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.

Food Accessibility Laws 831 Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges: (1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and (2) No n fo rmal ed u c a t ion progra m s 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

832 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 833 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 modified 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 President of the Philippines

834 COMPENDIUM OF RTF LAWS Republic of the Philippines Congress of the Philippines Metro Manila Fifth Regular Session Begun and held in Metro Manila, on Monday, the twentysecond day of July, nineteen hundred and ninety-one. REPUBLIC ACT NO. 7192 An Act Promoting the Integration of Women as Full and Equal Partners of Men in Development and Nation Building 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 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 official 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 benefit equally and participate

Food Accessibility Laws 835 directly in the development programs and projects of said department, specifically those funded under official 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;

836 COMPENDIUM OF RTF LAWS (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.

Food Accessibility Laws 837 (6) Assist women in activities that are of critical significance 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.

838 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 839 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.

840 COMPENDIUM OF RTF LAWS Section 13. Effectivity Clause. The rights of women and all the provisions of this Act shall take effect immediately upon its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved, (Sgd.) NEPTALI A. GONZALES President of the Senate (Sgd.) RAMON V. MITRA Speaker of the House of Representatives This Act which is a consolidation of Senate Bill No. 1200 and House Bill No. 22466 was finally 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 House of Representatives Approved: February 12, 1992 (Sgd.) CORAZON C. AQUINO President of the Philippines

Food Accessibility Laws 841 Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twentyeighth day of July, nineteen hundred and ninety seven. REPUBLIC ACT NO. 8425 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 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 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

842 COMPENDIUM OF RTF LAWS housing, peace and order, education and functional literacy, participation in governance, and family care and psychosocial 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 antipoverty 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;

Food Accessibility Laws 843 c) Policy, programs and resource commitments from both government and the basic sectors shall be clearly defined 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 fight against poverty through multidimensional 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 genderresponsive approach to fight 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

844 COMPENDIUM OF RTF LAWS i) The SRA implementation shall be focused on specific target areas and basic sectors. Section 3. Definition of Terms.- As used in this Act, the following terms shall mean: a) Artisanal fisherfolk - refers to municipal, small scale or subsistence fishermen who use fishing 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 fisherfolk, 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 fifteen (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 benefits of their undertaking in accordance with the universally accepted corporate principles and practices;

Food Accessibility Laws 845 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 imp ro vement of m a na gem ent 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 financial 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;

846 COMPENDIUM OF RTF LAWS 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 defined 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 fifty thousand pesos (P150,000.00) and below. This amount is subject to periodic determination of the Department of Trade and Industry to reflect economic changes; j) Microfinance - 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, simplified loan application procedures, group character loans, collateral-free arrangements,

Food Accessibility Laws 847 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, nonprofit organizations focusing on the upliftment of the basic or disadvantaged sectors of

848 COMPENDIUM OF RTF LAWS society and providing advocacy, training, community organizing, research, access to resources, and other similar activities; n) Peoples organization - Refers to a selfhelp 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 defined 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, unified and coordinated delivery of socioeconomic programs or packages;

Food Accessibility Laws 849 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 defined 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;

850 COMPENDIUM OF RTF LAWS 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 fifteen (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

Food Accessibility Laws 851 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 decisionmaking and management processes that affect their rights, interests and welfare. The SRA shall focus on the following sector-specific flagship programs: 1) For farmers and landless rural workers - agricultural development; 2) For the fisherfolk - fisheries 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;

852 COMPENDIUM OF RTF LAWS 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 manmade calamities - the Comprehensive Integrated Delivery of Social Services (CIDSS). Additionally, to support the sectoral flagship programs, the following cross-sectoral flagships shall likewise be instituted: 1) Institution-building and effective participation in governance; 2) Livelihood programs; 3) Expansion of micro-credit/ microfinance 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 Office of the President, which shall serve as the coordinating and advisory

Food Accessibility Laws 853 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) Efficiency 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;

854 COMPENDIUM OF RTF LAWS 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, efficient and prompt delivery of basic services to the poor; and 8) En jo in in g go ver nm e nt f ina nc ia l 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 vicechairperson 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);

Food Accessibility Laws 855 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) Peo p les Credit a nd Fina nc e 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 fisherfolk;

856 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 857 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;

858 COMPENDIUM OF RTF LAWS 6) Advocate for the mobilization of funds by the national and local governments to finance 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, financial status and other relevant data as reflected by the basic reform indicator. Section 8. Principal Office. - The NAPC shall establish its principal office 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 unification of the secretariats of the following bodies: 1) Presidential Commission to Fight Poverty (PCFP);

Food Accessibility Laws 859 2) Social Reform Council (SRC); and 3) Presidential Council for Countryside Development (PCCD). Within three (3) months from the effectivity of this Act, the Office of the President shall finalize the organizational plan for the NAPC. T o provide the continuity of existing social reform and poverty alleviation related programs, all accredited organizations under the three (3) unified 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 five 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.

860 COMPENDIUM OF RTF LAWS 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 beneficiaries of microfinance and micro-enterprise programs; 3) Ensure that validation and monitoring activities are conducted for funded

Food Accessibility Laws 861 institutional development and capability building projects/programs/ beneficiaries; and 4) Promote research and development work on livelihood and microfinance technology and publications/communications programs that assist the poor beneficiaries. 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 microfinance institutions and their beneficiaries on the establishment of the necessary support services, social and financial preparation of beneficiaries, 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 microfinance staff and officers, and selected beneficiaries; 3) Community organizing for microfinance, 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

862 COMPENDIUM OF RTF LAWS 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, financial audit and operational assessment; 8) In fo rmatio n d issem ina t ion of microfinance technology; and 9) Other activities to support microfinance as approved by the designated agency administering the PDTF. The PDTF may be accessed by the following: a) Registered microfinance organizations engaged in providing micro-enterprise services for the poor to enable them to become viable and sustainable; b) Local government units providing microfinance 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 selfhelp projects where at least twenty-five 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

Food Accessibility Laws 863 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 specific 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.

864 COMPENDIUM OF RTF LAWS TITLE II MICROFINANCE SERVICES FOR THE POOR Section 13. Microfinance 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 microfinance services; 2) Rationalization of existing government programs for credit and guarantee; 3) Utilization of existing government financial entities for the provision of microfinance products and services for the poor; and 4) Promotion of mechanisms necessary for the implementation of microfinance services, including indigenous microfinance 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 microfinance services for the exclusive use of the poor.

Food Accessibility Laws 865 As a government-owned and -controlled corporation, it shall be the lead government entity specifically tasked to mobilize financial resources from both local and international funding sources for microfinance 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 T wo 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 fifty million pesos (P250,000,000.00), to be increased subsequently to a total of Six hundred million pesos (P600,000,000.00),

866 COMPENDIUM OF RTF LAWS 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 first year, the difference of One hundred fifty million pesos (P150,000,000.00) shall be paid and appropriated for by government; for the second year, One hundred fifty 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 paidup 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 financial 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 microfinance program in this Act.

Food Accessibility Laws 867 The private financing 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 microfinance program of this Act. Special credit windows for the poor shall, as far as practicable, include an allocation for the basic sectors, as defined 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 qualified 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.

868 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 869 (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 million pesos (P350,000,000.00); on 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 first year, One hundred fifty million pesos (P150,000,000.00); on the second year, One hundred fifty million pesos (P150,000,000.00); on the third year, One hundred million pesos (P100,000,000.00); and on the fourth year, One hundred million pesos (P100,000,000.00)

870 COMPENDIUM OF RTF LAWS 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 Office 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 benefits 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 modified accordingly. The provisions of this Act shall not be repealed, amended or modified 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.

Food Accessibility Laws 871 Section 22. Effectivity Clause. - This Act shall be effective June 30, 1998. Approved, (Sgd) Ernesto M. Maceda President of the Senate (Sgd) Jose De Venecia, Jr. Speaker of the House of Representatives 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 House of Representatives Approved: 11 December 1997 (Sgd) Fidel V. Ramos President of the Philippines

872 COMPENDIUM OF RTF LAWS Republic of the Philippines Congress of the Philippines Metro Manila Eighth Congress REPUBLIC ACT NO. 6972 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 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 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

Food Accessibility Laws 873 community levels. T owards 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)

874 COMPENDIUM OF RTF LAWS years of age of working mothers during work hours, with adequate supervision from the supervising social welfare officer 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 officer 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 mothersteachers 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,

Food Accessibility Laws 875 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

876 COMPENDIUM OF RTF LAWS 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, qualifications, 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 of the Department of Social Welfare and Development.

Food Accessibility Laws 877 (b) The province, city or municipality concerned shall provide financial 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 official aid or official debt arrangements from foreign countries, the amount to be determined by the Office 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 modified 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 general circulation. Approved:November 23, 1990

878 COMPENDIUM OF RTF LAWS Republic of the Philippines Congress of the Philippines Metro Manila Ninth Congress REPUBLIC ACT NO. 7610 June 17, 1992 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I Title, Policy, Principles and Definitions 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

Food Accessibility Laws 879 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. Definition 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

880 COMPENDIUM OF RTF LAWS 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 conflict or being affected by armed conflict-related activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development;

Food Accessibility Laws 881 (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 trafficking; (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.

882 COMPENDIUM OF RTF LAWS 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 trafficking, 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, profit, or any other consideration or due to the coercion or influence 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:

Food Accessibility Laws 883 (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 benefit 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

884 COMPENDIUM OF RTF LAWS (c) Those who derive profit 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.

Food Accessibility Laws 885 ARTICLE IV Child Trafficking Section 7. Child Trafficking. 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 Trafficking. There is an attempt to commit child trafficking 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 justification 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 trafficking; or (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a person engages in the act of finding children among low-income families,

886 COMPENDIUM OF RTF LAWS hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. 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 trafficking 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.

Food Accessibility Laws 887 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 fine 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 affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty..

888 COMPENDIUM OF RTF LAWS (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 fine 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 fine 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 fine 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;

Food Accessibility Laws 889 (1) Beg or use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking 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 qualified 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 of the Department of Social Welfare and Development.

890 COMPENDIUM OF RTF LAWS 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 Trafficking, 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 trafficking, 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 trafficking, 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,

Food Accessibility Laws 891 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 fifteen (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

892 COMPENDIUM OF RTF LAWS 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 discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and; (c) The employer shall formulate and implement, subject to the approval and supervision 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 first 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.

Food Accessibility Laws 893 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 efficiency of working children who have not undergone or finished 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 fine 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.

894 COMPENDIUM OF RTF LAWS 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 Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culturespecific and relevant to the needs of and the existing situation in their communities. The Department of Education, Culture and Sports 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 children of indigenous cultural communities 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

Food Accessibility Laws 895 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 children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine 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 Conflict 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 conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

896 COMPENDIUM OF RTF LAWS (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 fighting, 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-finding 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 conflict.

Food Accessibility Laws 897 Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during evacuation as a result of armed conflict. 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 wellbeing. 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 Conflict. Any child who has been arrested for reasons related to armed conflict, 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;

898 COMPENDIUM OF RTF LAWS (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 find 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 of the Department of Social Welfare and

Food Accessibility Laws 899 Development or any duly-licensed agency or such other officer 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 Conflict. The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. 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 filed by the following: (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or

900 COMPENDIUM OF RTF LAWS (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 officer 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. Confidentiality. 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 film 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.

Food Accessibility Laws 901 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 officer 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 affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;

902 COMPENDIUM OF RTF LAWS (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 officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and (f) A fine 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

Food Accessibility Laws 903 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. 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. 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. 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

Section

Section

Section

Section

Approved:June 17, 1992

904 COMPENDIUM OF RTF LAWS Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twentysecond day of July, two thousand three. REPUBLIC ACT NO. 9257 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 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

Food Accessibility Laws 905 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 reaffirm 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) T o provide a comprehensive health care and rehabilitation system for disabled senior

906 COMPENDIUM OF RTF LAWS 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 beneficial 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.Definition of Terms. For purposes of this Act, these terms are defined 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 defined in the National Internal Revenue Code, as amended; and

Food Accessibility Laws 907 (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 Office for Senior Citizens Affairs (OSCA) such as school traffic guide, tourist aide, pre-school assistant, etc. In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs (OSCA) may award or grant benefits or privileges to the elderly, in addition to the other privileges provided for under this Act.

908 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 909 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, financial aid subsidies and other incentives to qualified senior citizens,

910 COMPENDIUM OF RTF LAWS 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 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 actual service. (k) retirement benefits 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.

Food Accessibility Laws 911 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:

912 COMPENDIUM OF RTF LAWS (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

Food Accessibility Laws 913 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 nongovernment 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 communitybased health workers among senior citizens and health personnel to specialize in the geriatric care health problems of senior citizens.

914 COMPENDIUM OF RTF LAWS (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, nongovernment 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

Food Accessibility Laws 915 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 wellbeing 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 The Department of Transportation and 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:

916 COMPENDIUM OF RTF LAWS (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) p rio rity in th e building a nd/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.

Food Accessibility Laws 917 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 Office of the Mayor shall exercise supervision 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 office 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 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

918 COMPENDIUM OF RTF LAWS 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 filing 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.

Food Accessibility Laws 919 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 not less than Fifty thousand pesos (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 (2) For any subsequent violation, a fine of not less than One hundred thousand

920 COMPENDIUM OF RTF LAWS 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 granted herein shall be punished with a fine of not less than Five thousand pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), and imprisonment of not less than six (6) months. If the offender is a corporation, organization or any similar entity, the 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 filling 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,

Food Accessibility Laws 921 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;

922 COMPENDIUM OF RTF LAWS (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 modified 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.

Food Accessibility Laws 923 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 President of the Senate JOSE DE VENECIA JR. Speaker of the House of Representatives 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 President of the Philippines

924 COMPENDIUM OF RTF LAWS Republic of the Philippines 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 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 ; WHEREAS, Section 12 stipulates that 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

Food Accessibility Laws 925 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), DirectorGeneral, 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.

926 COMPENDIUM OF RTF LAWS 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 AND FOR OTHER PURPOSES 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 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 also known as Expanded Senior Citizens Act of 2003, hereinafter referred to as the Act.

Food Accessibility Laws 927 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 conflict or ambiguity, which may arise in the implementation of these Rules, the concerned agencies shall issue the necessary clarification. In case of doubt, the same shall be construed liberally and in favor of the beneficiaries. 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

928 COMPENDIUM OF RTF LAWS 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 reaffirm 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.

Food Accessibility Laws 929 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 beneficial 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. Definition of Terms. For purposes of these Rules and Regulations, these terms are defined as follows: 5.1 SENIOR CITIZEN OR ELDERLYrefers 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 defined in the National Internal Revenue Code, as amended.

930 COMPENDIUM OF RTF LAWS 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 benefits and privileges under the law, such as the following: a) Identification card issued by the City or Municipal Mayor/Office 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.

Food Accessibility Laws 931 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 edifice 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.

932 COMPENDIUM OF RTF LAWS 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, classified 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 nonprescription 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.

Food Accessibility Laws 933 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 office established in cities and municipalities under the Office 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-profit and voluntary in nature dedicated to the promotion, enhancement and support of the welfare of senior citizens, duly registered with any regulatory body.

934 COMPENDIUM OF RTF LAWS 5.16 A CCREDIT ED NG O ref ers to any private non-profit 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 twentyfour (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.

Food Accessibility Laws 935 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 of Trade and Industry (DTI) and the 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 of Trade and Industry (DTI) and the Department of Agriculture (DA).

936 COMPENDIUM OF RTF LAWS RULE IV CONTRIBUTION TO THE COMMUNITY ARTICLE 6. 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, 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 Office for Senior Citizens Affairs (OSCA) such as school traffic guide, tourist aide, pre-school assistant, etc. S e c t i o n 3. Awards and Benefits for Services Rendered. In consideration of the services rendered by qualified elderly, the Office for Senior Citizens Affairs (OSCA) may award or grant benefits or privileges to the elderly, in addition to the other privileges provided for under the Act.

Food Accessibility Laws 937 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 classification, 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.

938 COMPENDIUM OF RTF LAWS d) DRUG STORES, HOSPITAL PHARMACIES, MEDICAL 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 Health Insu ranc e Corpora t ion (PHILHEALTH). e) FUNERAL PARLORS AND SIMILAR ESTABLISHMENTS - the beneficiary 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 certificate. 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.

Food Accessibility Laws 939 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 official poverty threshold of that year and every year thereafter. Section 7. Exemption from Training Fees. - The senior citizen shall be exempted from training fees

940 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 941 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 benefits 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. The Department of Transportation and Communication (DOTC), Light Rail

942 COMPENDIUM OF RTF LAWS 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, financial aid, subsidies and other incentives to qualified 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. Benefits 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),

Food Accessibility Laws 943 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.

944 COMPENDIUM OF RTF LAWS 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).

Food Accessibility Laws 945 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 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 (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,

946 COMPENDIUM OF RTF LAWS 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 (NGOs) and peoples 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;

Food Accessibility Laws 947 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 (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 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 specific needs of the elderly;

948 COMPENDIUM OF RTF LAWS 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 Office 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;

Food Accessibility Laws 949 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

950 COMPENDIUM OF RTF LAWS 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 qualified 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-five 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. T he Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and municipalities an Office for Senior Citizens Affairs. Section 23. Head of OSCA. A senior citizen shall be appointed by the City or Municipal

Food Accessibility Laws 951 Mayor as head of OSCA with the following qualifications: 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 fit; 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 Office of the Mayor. Section 25. Term of Office. - The OSCA head shall have a term of office 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 Office for Senior Citizens Affairs shall have the following functions:

952 COMPENDIUM OF RTF LAWS a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act; b) T o 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 identification cards and purchase booklet, free of charge, which shall be valid anywhere in the country; d) T o serve as a general information and liaison center to serve the needs of the senior citizens; e) T o monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens; f) T o report to the Mayor, establishments found violating any provisions of this Act; g) T o assist senior citizens in filing 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) T o 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

Food Accessibility Laws 953 i) To estab lish linka ge s a nd w ork 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 Officer. b) The Office 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.

954 COMPENDIUM OF RTF LAWS 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

Food Accessibility Laws 955 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, leaflets, 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 fulfillment of requirements of agency concerned;

956 COMPENDIUM OF RTF LAWS 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, interagency 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 fifty 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 nonstock, non- profit 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 certified by the DSWD Regional Office; ii) Accredited by the DSWD; iii) Must have been in operation for the last six (6) months;

Food Accessibility Laws 957 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 first five (5) years starting from the first year of operation, subject to the guidelines to be issued by the Department of Finance (DOF) and its Bureau of Local Government Finance;

958 COMPENDIUM OF RTF LAWS 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.

Food Accessibility Laws 959 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 have the following functions: 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 efficient, 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;

960 COMPENDIUM OF RTF LAWS d) Co o rd in ate th e progra m s a nd 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 actively est a blish na t iona l, 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

Food Accessibility Laws 961 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 not less than Fifty thousand pesos (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 fine of not less than One hundred thousand pesos (P100, 000.00) but not exceeding T wo 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 granted herein shall be punished with

962 COMPENDIUM OF RTF LAWS a fine of not less than five thousand pesos (P5,000.00) but not more than Fifty thousand pesos (P50, 000.00) and imprisonment of not less than six (6) 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, organization or any similar entity, the officials 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

Food Accessibility Laws 963 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 fifteen (15) days after its complete publications in any two (2) national newspapers of general circulation

964 COMPENDIUM OF RTF LAWS Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress REPUBLIC ACT NO. 8504 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 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 AIDS Prevention and Control Act of 1998. Section 2. Declaration of policies. Acquired Immune Deficiency 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:

Food Accessibility Laws 965 (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 scientifically 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

966 COMPENDIUM OF RTF LAWS (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. Definition of terms. As used in this Act, the following terms are defined 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 lifethreatening infections.

Food Accessibility Laws 967 (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 finding 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.

968 COMPENDIUM OF RTF LAWS (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 T esting 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

Food Accessibility Laws 969 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 official capacity, has acquired or may have acquired such confidential 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) Pro p hy lactic ref ers t o a ny 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.

970 COMPENDIUM OF RTF LAWS (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 official 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

Food Accessibility Laws 971 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, finally, 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 officials, 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

972 COMPENDIUM OF RTF LAWS 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 confidentiality, 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..

Food Accessibility Laws 973 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 certification for overseas assignment. The Department of Labor and Employment or the Department of Foreign Affairs, the Department of T ourism 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 T ourism, 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

974 COMPENDIUM OF RTF LAWS municipal mayor and the barangay captain shall coordinate such campaign among concerned government agencies, nongovernment 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 efficacy against HIV and STD infection, as well as the importance of sexual abstinence and mutual fidelity. 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 scientific 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 fines and suspension or revocation of professional or business license.

Food Accessibility Laws 975 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 fluids or wastes of persons known or believed to be HIVpositive.

976 COMPENDIUM OF RTF LAWS 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, fines 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

Food Accessibility Laws 977 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.

978 COMPENDIUM OF RTF LAWS 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 confidentiality 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.

Food Accessibility Laws 979 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, nongovernment organizations, persons with HIV/AIDS and groups most at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.

980 COMPENDIUM OF RTF LAWS 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 nongovernment 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.

Food Accessibility Laws 981 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 efficacy 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 confidentiality of any medical record, personal data, file, 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 confidential and classified, and can only be used for statistical

982 COMPENDIUM OF RTF LAWS and monitoring purposes and not as basis or qualification for any employment, school attendance, freedom of abode, or travel. ARTICLE VI CONFIDENTIALITY Section 30. Medical confidentiality. All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with HIV. Section 31. Exceptions to the mandate of confidentiality. Medical confidentiality 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 confidentiality;

Food Accessibility Laws 983 (c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by a Court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual:Provided,That the confidential medical record shall be properly sealed by its lawful custodian after being doublechecked for accuracy by the head of the office 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 confidential 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.

984 COMPENDIUM OF RTF LAWS 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 preemployment 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.

Food Accessibility Laws 985 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.

986 COMPENDIUM OF RTF LAWS 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 fine 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.

Food Accessibility Laws 987 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 specific 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

988 COMPENDIUM OF RTF LAWS (7) The strict observance of medical confidentiality. (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; (2) The Secretary of the Department of Education, Culture and Sports or his representative;

Food Accessibility Laws 989 (3) Th e Ch airpe rson of t he Commission on Higher Education or his representative; (4) The Director-General of the T echnical Education and Skills Development Authority or his representative; (5) The Secretary of the Department of Labor and Employment or his representative; (6) The Secretary of the Department of Social Welfare and Development or his representative; (7) The Secretary of the Department of the Interior and Local Government or his representative; (8) The Secretary of the Department of Justice or his representative; (9) The Director-General of the National Economic and Development Authority or his representative; (10) The Secretary of the Department of Tourism or his representative; (11) The Secretary of the Department of Budget and Management or his representative; (12) The Secretary of the Department of 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;

990 COMPENDIUM OF RTF LAWS (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 or his representative; (18) Two (2) rep r esent a t ives f rom organizations of medical/health professionals; (19) Six (6) representatives from nongovernment 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) T o the greatest extent possible, appointment to the Council must ensure sufficient and discernible representation from the fields 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;

Food Accessibility Laws 991 (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 qualified 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.

992 COMPENDIUM OF RTF LAWS Section 48. Appropriations. The amount of T wenty 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 modified accordingly. Section 52. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. Approved:February 13, 1998.

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