Draft Substitute Bill to

HB No. 6672

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL NO. ______

Introduced by

1 AN ACT
2 ENSURING THE WELFARE OF MUSLIM FILIPINO PILGRIMS AND
3 PROVIDING BETTER SERVICES FOR THE HAJJ AMENDING FOR
4 THE PURPOSE REPUBLIC ACT NO. 9997, OTHERWISE KNOWN AS
5 THE “NATIONAL COMMISSION ON MUSLIM FILIPINOS ACT OF
6 2009”
7
8 Be it enacted by the Senate and House of Representatives of the Philippines in
9 Congress assembled:
10
11 SECTION 1. Section 11 (e) of Republic Act No. 9997 is hereby amended
12 to read as follows:
13 “SEC. 11. Bureaus. – The Bureaus of the Commission shall
14 consist of the Bureau of Muslim Economic Affairs, Bureau of
15 Muslim Cultural Affairs, Bureau of Muslim Settlement, Bureau of
16 External Relations, Bureau of Pilgrimage and Endowment, Bureau of
17 Peace and Conflict Resolution, and the Bureau of Legal Affairs.
18 Each of these Bureaus shall be headed by a Director who shall hold
19 the same rank, salary, and privileges of a Staff Bureau Director.
20
21 “The Bureau Director shall be appointed by the President from
22 among the names or nominees submitted by the Commission to the
23 President.
24 “(a) xxx;
25 “(b) xxx;
26 “(c) xxx;
27 “(d) xxx;
 1 “(e) Bureau of Pilgrimage and Endowment. – This Bureau
2 shall be [primarily] SOLELY responsible for the administration of
3 the annual Muslim pilgrimage to Mecca, Kingdom of Saudi Arabia;
4 and SUBJECT TO THE APPROVAL OF THE COMMISSION
5 EN BANC UPON THE RECOMMENDATION OF THE
6 SECRETARY, the formulation and implementation of programs,
7 projects and activities for the efficient and effective administration
8 and supervision of the conduct of pilgrimage activities: Provided,
9 That the supervision accorded the Bureau under this section shall not
10 include control: PROVIDED, FURTHER, THAT IN THE
11 ABSENCE OF THE BUREAU DIRECTOR, THE EXECUTIVE
12 DIRECTOR OF THE COMMISSION SHALL ASSUME THE
13 RESPONSIBILITIES OF THE BUREAU DIRECTOR, AND IN
14 THE ABSENCE OF THE EXECUTIVE DIRECTOR, THE
15 SECRETARY OF THE COMMISSION SHALL ASSUME THE
16 RESPONSIBILITIES OF THE BUREAU DIRECTOR.
17
18 “Pursuant to the above responsibilities, the Bureau shall
19 formulate the necessary guidelines to ensure the timely processing of
20 the pilgrim's travel documents and the equitable and reasonable
21 collection of fees. Such collection OF FEES shall be limited to
22 mutawiff and passporting and/or processing fees only. Collected fees
23 shall be deposited in a special trust fund which shall be established
24 by the Commission, the expenses from which shall be subject to
25 existing auditing laws, rules and regulations.
26
27 “THE SECRETARY OF THE COMMISSION SHALL
28 HAVE THE SOLE AUTHORITY TO SIGN AND NEGOTIATE
29 CONTRACTS FOR THE SUCCESSFUL CONDUCT OF THE
30 HAJJ. THE AUTHORITY OF THE SECRETARY TO SIGN
31 CONTRACTS SHALL BE APPROVED BY THE
32 COMMISSION EN BANC IN A FORM OF A RESOLUTION.
33 THE CONTRACT SHALL BE EXEMPTED FROM THE
34 PROVISIONS OF REPUBLIC ACT NO. 9184, OTHERWISE
35 KNOWN AS THE “GOVERNMENT PROCUREMENT
36 REFORM ACT” WHEN PUBLIC FUNDS FROM THE
37 GENERAL APPROPRIATIONS ACT ARE NOT INVOLVED.
38
39 “THE BUREAU SHALL ACCREDIT PARTICIPATING
40 TRAVEL AGENCIES. The pilgrims shall be accorded free choice
41 of travel agencies AMONG THOSE DULY ACCREDITED BY
42 THE COMMISSION, and airlines or other means of transportation
43 to and from the site of pilgrimage: Provided, That pilgrims comply

2
 1 with the prescribed arrival and departure schedule fixed by the
2 Ministry of Hajj of the Kingdom of Saudi Arabia: PROVIDED,
3 FURTHER, THAT THE DEPARTMENT OF
4 TRANSPORTATION (DOTR), THE DEPARTMENT OF
5 FOREIGN AFFAIRS (DFA), THE CIVIL AVIATION
6 AUTHORITY OF THE PHILIPPINES (CAAP), AND OTHER
7 AGENCIES SHALL COORDINATE WITH THE
8 COMMISSION TO ENSURE THAT FLIGHTS FOR THE
9 PURPOSE OF THE HAJJ CONFORM TO THE SCHEDULE
10 APPROVED BY THE COMMISSION EN BANC: Provided,
11 [further] FURTHERMORE, That all pilgrims shall be legitimate
12 holders of round-trip tickets to and from the Kingdom of Saudi
13 Arabia: Provided, [furthermore] FINALLY, That the pilgrims shall
14 be free to choose on where to purchase or acquire other logistics,
15 materials and supplies for the pilgrimage.
16
17 “In no instance shall the pilgrims be forced to purchase such
18 logistics, materials and supplies from the Commission or its
19 authorized agents or representatives.
20
21 “The Bureau shall also accredit qualified and deserving sheikhs.
22 It shall also formulate, subject to the approval of the Commission,
23 the timetable of annual Hajj activities which [must be posted in all
24 areas accessible to Muslim Filipinos.] SHALL BE KNOWN AS
25 THE “ANNUAL HAJJ MANUAL OF OPERATIONS”. IT
26 SHALL BE PUBLISHED AND POSTED IN ALL AREAS
27 ACCESSIBLE TO MUSLIM FILIPINOS NOT LATER THAN
28 TWO (2) MONTHS BEFORE THE HAJJ. THE ANNUAL
29 HAJJ MANUAL OF OPERATIONS SHALL BE APPROVED
30 BY THE COMMISSION EN BANC. THE REQUIREMENTS
31 AND COMPETENCY EXAMINATIONS OF SHEIKHS
32 SHALL ALSO BE STIPULATED IN THE HAJJ MANUAL OF
33 OPERATIONS. THE COMMISSION, THROUGH THE
34 BUREAU, SHALL BE AUTHORIZED TO CHARGE
35 LICENSURE AND ACCREDITATION FEES, SUBJECT TO
36 THE APPROVAL OF THE COMMISSION EN BANC. THE
37 FEES SHALL BE USED FOR THE OPERATIONAL
38 EXPENSE OF THE LICENSURE AND ACCREDITATION
39 PROCESS.
40 “xxx.”
41
42 SEC. 2. Section 12 of the same Act is hereby amended to read as
43 follows:

3
 1 “SEC. 12. Services. – The Services of the Commission shall
2 consist of the Administrative Service, Finance and Management
3 Service and Planning Service, each of which shall be headed by a
4 Staff Director with the same rank, salary, and privileges of an
5 Assistant Staff Bureau Director.
6
7 “(a) xxx;
8 “(b) Finance and Management Service. – This Service shall
9 be responsible for providing the Commission with efficient and
10 effective staff advice and assistance on budgetary, financial and
11 management matters.
12
13 (1) HAJJ FINANCE COMMITTEE. – THE
14 SECRETARY SHALL, UPON THE
15 RECOMMENDATION OF THE BUREAU OF
16 PILGRIMAGE AND ENDOWMENT DIRECTOR AND
17 THE FINANCE AND MANAGEMENT SERVICE STAFF
18 DIRECTOR, CREATE THE HAJJ FINANCE
19 COMMITTEE WHICH IS RESPONSIBLE FOR
20 CERTIFYING THE FINANCIAL REPORTS IN REGARD
21 TO THE UTILIZATION AND COLLECTION OF HAJJ
22 FUNDS. THE MEMBERS OF THE COMMITTEE
23 SHALL BE COMPOSED OF ONE (1) BUDGET
24 OFFICER, AND ONE (1) ACCOUNTANT, WHO ARE
25 ORGANIC PERSONNEL WITHIN THE COMMISSION,
26 IN ACCORDNACE WITH THE POSITION
27 REQUIREMENTS DEFINED BY THE CIVIL SERVICE
28 COMMISSION.
29
30 (2) HAJJ REVOLVING FUND. – THE
31 COMMISSION MAY OPERATIONALIZE A
32 REVOLVING FUND FROM THE NATIONAL
33 GOVERNMENT OR THE LOCAL GOVERNMENT
34 UNITS FOR THE PURPOSE OF CONDUCTING A
35 SUCCESSFUL HAJJ. THE REVOLVING FUND SHALL
36 BE IN THE FORM OF A CREDIT LINE FROM AL
37 AMANAH ISLAMIC INVESTMENT BANK OF THE
38 PHILIPPINES OR ANY GOVERNMENT FINANCIAL
39 INSTITUTIONS (GFIS). THE MAXIMUM ALLOWABLE
40 CREDIT TO THE COMMISSION SHALL NOT EXCEED
41 THE THREE-YEAR AVERAGE FOR THE TOTAL HAJJ
42 EXPENSES. THE DEPARTMENT OF FINANCE OR
43 THE MUNICIPAL DEVELOPMENT FUND OFFICE

4
 1 (MDFO) MAY PLACE IN A GFI TIME DEPOSIT AS A
2 FORM OF COLLATERAL FOR THE COMMISSION’S
3 CREDIT LINE.
4
5 (3) HAJJ SPECIAL AUDIT. – THE
6 COMMISSION ON AUDIT SHALL CONDUCT A
7 SPECIAL AUDIT ON THE ANNUAL HAJJ, THE AUDIT
8 REPORT SHALL BE SUBMITTED TO THE
9 COMMITTEE ON MUSLIM AFFAIRS IN THE HOUSE
10 OF REPRESENTATIVES AND THE COMMITTEE ON
11 CULTURAL COMMUNITIES AND MUSLIM AFFAIRS
12 IN THE SENATE NO MORE THAN NINETY (90) DAYS
13 AFTER THE COMPLETION OF THE HAJJ.
14
15 SEC. 3. The amount necessary for the initial implementation of this Act
16 shall be charged against the current year’s appropriations of the National
17 Commission on Muslim Filipinos. Thereafter, such sum as may be necessary
18 for the effective implementation of this Act shall be included in the annual
19 General Appropriations Act.
20
21 SEC. 4. Within ninety (90) days from the approval of this Act, the
22 National Commission on Muslim Filipinos shall, in coordination with the
23 Department of Budget and Management, promulgate the necessary rules and
24 regulations for the effective implementation of this Act.
25
26 SEC. 5. All laws, decrees, orders, issuances, rules and regulations that
27 are inconsistent with the provisions of this Act are hereby repealed, amended or
28 modified accordingly.
29
30 SEC. 6. This Act shall take effect fifteen (15) days after its publication in
31 the Official Gazette or in a newspaper of general circulation.
32
33 Approved,