R55555555555555555 ----------------0000

77777777epublic of the Philippines

Congress of the Philippines
Metro Manila

Tenth Congress

Republic Act No. 8425 December 11, 1997

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 housing, peace and order,
education and functional literacy, participation in governance, and family care and psycho-social
integrity;

(2) Actively pursue asset reform or redistribution of productive economic resources to the basic
sectors including the adoption of a system of public spending which is targeted towards the poor;

(3) Institutionalize and enhance the Social Reform Agenda, hereinafter known as the SRA, which
embodies the results of the series of consultations and summits on poverty alleviation;

(4) Adopt and operationalize the following principles and strategies as constituting the national
framework integrating various structural reforms and anti-poverty initiatives:

(a) Social reform shall be a continuing process that addresses the basic inequities in
Philippine society through a systematic package of social interventions;

(b) The SRA shall be enhanced by government in equal partnership with the different basic
sectors through appropriate and meaningful consultations and participation in governance;
 (c) Policy, programs and resource commitments from both government and the basic sectors
shall be clearly 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 a multi-dimensional and cross-
sectoral approach which recognizes and respects the core values, cultural integrity, and
spiritual diversity of target sectors and communities;

(f) The SRA shall pursue a gender-responsive approach to 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

(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 Philippine 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;

(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
improvement of management information systems, monitoring of loans and other related activities.
The term capability building shall in no way refer to the provision of equity investments, seed
funding, partnership's 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 people's development trust
fund to microfinance institution as defined in this Act. Capability 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 loans and
ensure repayment are offered and accepted;
(f) "Group character loan" – A loan contracted by a member and guaranteed by a group of persons
for its repayment. The creditor can collect from any of the members of the group which guaranteed
the said loan, without prejudice to the right of reimbursement of the member or 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, 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 of people's 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 non-stock, non-profit organizations

focusing on the upliftment of the basic or disadvantaged sectors of society by providing advocacy,
training, community organizing, research, access to resources, and other similar activities;

(n) "People's organization" – Refers to a self-help group belonging to the basic sectors and/or
disadvantaged groups composed of members having a common bond of interest who voluntarily join
together to achieve a lawful common social or 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 poverty 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;

(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 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" – Refers to workers in registered business enterprises who sell
their services in exchange for wages and other forms of compensation;

(w) "Workers in the informal sector" – Refers 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 or 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
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 resource 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 and management processes. –

Reforms which enable the basic sectors to effectively participate in decision-making and
management processes that affect their rights, interests and welfare.

The SRA shall focus on the following sector-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 domains;

(4) For workers in the informal sector – workers' welfare and protection;

(5) For the urban poor – socialized housing; and

(6) For members of other disadvantaged groups such as the women, children, youth, persons with
disabilities, the elderly, and victims of natural and man-made calamities – the Comprehensive
Integrated Delivery of Social Services (CIDSS).

Additionally, to support the sectoral 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 buildup 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 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 exercise the
powers and functions of these agencies. 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;
 (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) Enjoining government financial 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 the head of the National Anti-Poverty Commission
Secretariat, and shall have the rank of a Cabinet Secretary. There shall be a vice-chairperson for the
government sector and a vice-chairperson for the basic sectors; the former to be designated by the
President, and the latter to be elected among the basic sector representatives of the NAPC as vice-
chairperson for the basic sector; and the following as members:

(1) Heads of the following government bodies:

(a) Department of Agrarian Reform (DAR);

(b) Department of Agriculture (DA);

(c) Department of Labor and Employment (DOLE);

(d) Department of Budget and Management (DBM);

(e) Department of Social Welfare and Development (DSWD);

(f) Department of Health (DOH);

(g) Department of Education, Culture and Sports (DECS);

(h) Department of the Interior and Local Government (DILG);

(i) Department of Environment and Natural Resources (DENR);

(j) Department of Finance (DOF);

(k) National Economic and Development Authority (NEDA);

(l) People's Credit and Finance Corporation (PCFC), subject to Sec. 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 of 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;

(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) Nongovernment 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 (30) days after the submission of the list of nominees, appoint the
representatives from the submitted list. Sectoral representatives shall serve for a term of three (3) years
without reappointment. Appointment to any vacancy for basic sector representatives shall be only for the
unexpired term of the predecessor.

The implementing rules and regulations (IRR) of this Act shall contain the guidelines for the formation 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 Anti-Poverty Action Agenda;

(3) Recommend policy and other measures to ensure the responsive implementation of the
commitments under the SRA;
 (4) Ensure meaningful representation and active participation of the basic sectors;

(5) Oversee, monitor and recommend measures to ensure the effective formulation, implementation
and evaluation of policies, programs and resource allocation and management of social reform and
poverty alleviation programs;

(6) Advocate for the mobilization of funds by the national and local governments to finance social
reform and poverty alleviation programs and capability building activities of people's 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 Sec. 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);

(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.

To 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 People's Development Trust Fund. – The People's 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.

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 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 People's 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 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) Information dissemination 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 self-help 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 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.

TITLE II
MICROFINANCE SERVICES FOR THE POOR

Section 13. Microfinance program. – The programs and implementing mechanisms of the Social Reform
Agenda's 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. People's Credit and Finance Corporation (PCFC). – The People's 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. 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 Two billion pesos (P2,000,000,000.00) divided into twenty million common
shares with a par value of One hundred pesos (P100.00) per share;

(b) The subscribed capital stock 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), 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 paid-up capital shall be sourced from the share of the
national government in the earnings of the PAGCOR, in the manner provided for under Sec.
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 of this Act.

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 the rural areas, agrarian reform communities, and 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 nongovernment organizations,
people's organizations and cooperatives), the stockholders shall cause the registration with the Securities
and Exchange Commission (SEC) of the revised Articles of Incorporation and By-laws. The PCFC shall
thereafter be considered as a privately organized entity subject to the laws and regulations generally applied
to private corporations.

The chairman of the PCFC may still be a member of the National Anti-Poverty Commission (NAPC) upon
the privatization of the PCFC: Provided, That the PCFC will continue its main purpose of providing for the
savings and credit needs of the poor.

TITLE III
APPROPRIATIONS FOR THE NATIONAL ANTI-POVERTY COMMISSION (NAPC) AND THE PEOPLE'S
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 President's 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 People's Development Trust Fund
(PDTF) from the share of the national government in the earnings of the Philippine Amusement and
Gaming Corporation (PAGCOR), in the following manner: on the first year, Three hundred fifty
million pesos (P350,000,000.00); on the second year, Three hundred fifty 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) 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 Sec. 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).

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 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.

Section 22. Effectivity clause. – This Act shall be effective on June 30, 1998.

Approved: December 11, 1997

 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:

(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

(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 body's immune system, making the afflicted individual susceptible to other life-
threatening infections.

(b) "Anonymous Testing" – refers to an HIV testing procedure whereby the individual being tested
does not reveal his/her true identity. An identifying number or symbol is used to substitute for the
name and allows the laboratory conducting the test and the person on whom the test is conducted to
match the test results with the identifying number or symbol.

(c) "Compulsory HIV Testing" – refers to HIV testing imposed upon a person attended or
characterized by the lack of or vitiated consent, use of physical force, intimidation or any form of
compulsion.

(d) "Contact tracing" – refers to the method of 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.

(h) "HIV-positive" – refers to the presence of HIV infection as documented by the presence of HIV or
HIV antibodies in the sample being tested.

(i) "HIV-negative" – denotes the absence of HIV or HIV antibodies upon HIV testing.

(j) "HIV Testing" – refers to any laboratory procedure done on an individual to determine the
presence or absence of HIV infection.

(k) "HIV Transmission" – refers to the transfer of HIV from one infected person to an uninfected
individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous
needles and during pregnancy.

(l) "High-Risk Behavior" – refers to a person's frequent involvement in certain activities which
increase the risk of transmitting or acquiring HIV.
 (m) "Informed Consent" – refers to the voluntary agreement of a person to undergo or be subjected
to a procedure based on full information, whether such permission is written, conveyed verbally, or
expressed indirectly.

(n) "Medical Confidentiality" – refers to the relationship of trust and confidence created or existing
between a patient or a person with HIV and his attending physician, consulting medical specialist,
nurse, medical technologist and all other health workers or personnel involved in any counselling,
testing or professional care of the former; it also applies to any person who, in any 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) "Prophylactic" – refers to any agent or device used to prevent the transmission of a disease.
(s) "Sexually Transmitted Diseases" – refers to any disease that may be acquired or passed on
through sexual contact.

(t) "Voluntary HIV Testing" – refers to HIV testing done on an individual who, after having undergone
pre-test counselling, willingly submits himself/herself to such test.

(u) "Window Period" – refers to the period of time, usually lasting from two weeks to six (6) months
during which an infected individual will test "negative" upon HIV testing but can actually transmit the
infection.

ARTICLE I
EDUCATION AND INFORMATION

Sec. 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 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 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 or 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..

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 Tourism and the Department of Justice through the Bureau of
Immigration, as the case may be, in collaboration with the Department of Health (DOH), shall oversee the
implementation of this Sec..

Section 8. Information campaign for tourists and transients. – Informational aids or materials on the
cause, modes of transmission, prevention, and consequences of HIV infection shall be adequately provided
at all international ports of entry and exit. The Department of Tourism, the Department of Foreign Affairs, the
Department of Justice through the Bureau of Immigration, in collaboration with the Department of Health
(DOH), shall oversee the implementation of this Act.

Section 9. HIV/AIDS education in communities. – Local government units, in collaboration with the
Department of Health (DOH), shall conduct an educational and information campaign on HIV/AIDS. The
provincial governor, city or municipal mayor and the barangay captain shall coordinate such campaign
among concerned government agencies, non-government organizations and church-based groups.

Section 10. Information on prophylactics. – Appropriate information shall be attached to or provided with
every prophylactic offered for sale or given as a donation. Such information shall be legibly printed in English
and Filipino, and contain literature on the proper use of the prophylactic device or agent, its 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.

ARTICLE II
SAFE PRACTICES AND PROCEDURES

Sec. 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 HIV-positive.

The necessary protective equipment such as gloves, goggles and gowns, shall be made available to all
physicians and health care providers and similarly exposed personnel at all times.

Section 14. Penalties for unsafe practices and procedures. – Any person who knowingly or negligently
causes another to get infected with HIV in the course of the practice of his/her profession through unsafe
and unsanitary practice or procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve
(12) years, without prejudice to the imposition of administrative sanctions such as, but not limited to, 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

Sec. 15. Consent as a requisite for HIV testing. – No compulsory HIV testing shall be allowed. However,
the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That
written informed consent must first be obtained. Such consent shall be obtained from the person concerned
if he/she is of legal age or from the parents or legal guardian in the case of a minor or a mentally
incapacitated individual. Lawful consent to HIV testing of a donated human body, organ, tissue, or blood
shall be considered as having been given when:

(a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion,
transplantation, or research;

(b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known
as the"Organ Donation Act of 1991";

(c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

Section 16. Prohibitions on compulsory HIV testing. – Compulsory HIV testing as a precondition to
employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay
in the country, or the right to travel, the provision of medical service or any other kind of service, or the
continued enjoyment of said undertakings shall be deemed unlawful.

Section 17. Exception to the prohibition on compulsory testing. – Compulsory HIV testing may be
allowed only in the following instances:

a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as
amended by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as
the "Revised Penal Code" or 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 the "Organ
Donation Act" and Republic Act No. 7719, otherwise known as the "National 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.

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

Sec. 22. Hospital-based services. – Persons with HIV/AIDS shall be afforded basic health services in all
government hospitals, without prejudice to optimum medical care which may be provided by special AIDS
wards and hospitals.

Section 23. Community-based services. – Local government units, in coordination and in cooperation with
concerned government agencies, non-government organizations, persons with HIV/AIDS and groups most
at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.

Section 24. Livelihood programs and trainings. – Trainings for livelihood, self-help cooperative programs
shall be made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall
not be deprived of full participation in any livelihood, self-help and cooperative programs for reason of their
health conditions.

Section 25. Control of sexually transmitted diseases. – The Department of Health, in coordination and in
cooperation with concerned government agencies and non-government organizations shall pursue the
prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.

Section 26. Insurance for persons with HIV. – The Secretary of Health, in cooperation with the
Commissioner of the Insurance Commission and other public and private insurance agencies, shall conduct
a study on the feasibility and viability of setting up a package of insurance benefits and, should such study
warrant it, implement an insurance coverage program for persons with HIV. The study shall be guided by the
principle that access to health insurance is part of an individual's right to health and is the responsibility of
the State and of society as a whole.

ARTICLE V
MONITORING

Sec. 27. Monitoring program. – A comprehensive HIV/AIDS monitoring program or "AIDSWATCH" shall
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 and monitoring purposes and not as basis or qualification for any
employment, school attendance, freedom of abode, or travel.

ARTICLE VI
CONFIDENTIALITY

Sec. 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;

(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 double-checked 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.

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
violator's 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

Sec. 35. Discrimination in the workplace. – Discrimination in any form from pre-employment to post-
employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV
status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or
suspected HIV status is deemed unlawful.

Section 36. Discrimination in schools. – No educational institution shall refuse admission or expel,
discipline, segregate, deny participation, benefits or services to a student or prospective student on the basis
of his/her actual, perceived or suspected HIV status.

Section 37. Restrictions on travel and habitation. – The freedom of abode, lodging and travel of a person
with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry
into or deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.

Section 38. Inhibition from public service. – The right to seek an elective or appointive public office shall
not be denied to a person with HIV.

Section 39. Exclusion from credit and insurance services. – All credit and loan services, including
health, accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived
or suspected HIV status: Provided, That the person with HIV has not concealed or misrepresented the fact
to the insurance company upon application. Extension and continuation of credit and loan shall likewise not
be denied solely on the basis of said health condition.

Section 40. Discrimination in hospitals and health institutions. – No person shall be denied health care
service or be charged with a higher fee on account of actual, perceived or suspected HIV status.

Section 41. Denial of burial services. – A deceased person who had AIDS or who was known, suspected
or perceived to be HIV-positive shall not be denied any kind of decent burial services.

Section 42. Penalties for discriminatory acts and policies. – All discriminatory acts and policies referred
to in this Act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a
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

Sec. 43. Establishment. – The Philippine National AIDS Council (PNAC) created by virtue of Executive
Order No. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to
oversee an integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines. It
shall be attached to the Department of Health.

Section 44. Functions. – The Council shall be the central advisory, planning and policy-making body for the
comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. The Council
shall perform the following functions:

(a) Secure from government agencies concerned recommendations on how their respective
agencies could operationalize 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

(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;

(3) The Chairperson of the Commission on Higher Education or his representative;

 (4) The Director-General of the Technical Education and Skills Development Authority or his
representative;

(5) The Secretary of the Department of Labor and Employment or his representative;

(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;

(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) representatives from organizations of medical/health professionals;

(19) Six (6) representatives from non-government organizations involved in HIV/AIDS prevention
and control efforts or activities; and

(20) A representative of an organization of persons dealing with HIV/AIDS.

(b) To the greatest extent possible, appointment to the Council must ensure 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;

(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.

Section 48. Appropriations. – The amount of Twenty million pesos (P20,000,000.00) shall be initially
appropriated out of the funds of the National Treasury. Subsequent appropriations shall be provided by
Congress in the annual budget of the Department of Health under the General Appropriations Act.

ARTICLE IX
MISCELLANEOUS PROVISIONS

Sec. 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

 Republic of the Philippines
Congress of the Philippines
Metro Manila

Sixteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

[REPUBLIC ACT NO. 10821]

AN ACT MANDATING THE PROVISION OF EMERGENCY RELIEF AND PROTECTION FOR CHILDREN
BEFORE, DURING, AND AFTER DISASTERS AND OTHER EMERGENCY SITUATIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Children’s Emergency Relief and Protection Act”.

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to protect the fundamental rights
of children before, during, and after disasters and other emergency situations when children are gravely
threatened or endangered by circumstances that affect their survival and normal development. Guided by
the principles on survival and development, on child participation, and consistent with the United Nations
Convention on the Rights of the Child, as well as the Children’s Charter for Disaster Risk and Reduction,
and the minimum standards for children in humanitarian action, the State shall establish and implement a
comprehensive and strategic program of action to provide the children and pregnant and lactating mothers
affected by disasters and other emergency situations with utmost support and assistance necessary for their
immediate recovery and protection against all forms of violence, cruelty, discrimination, neglect, abuse,
exploitation and other acts prejudicial to their interest, survival, development and well-being.

SEC. 3. Definition of Terms. – For the purposes of this Act, the following shall refer to:

(a) Child – refers to a person below eighteen (18) years of age or those over but are unable to fully take care
of themselves or protect themselves from abuse, neglect, cruelty, exploitation Or discrimination because of a
physical or mental disability or condition as defined in Republic Act No. 7610 or the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act;

(b) Child with Special Needs – refers to a child with a developmental or physical disability as defined in
Republic Act No. 10165 or the Foster Care Act of 2012;

(c) Child-Friendly Spaces – refer to spaces where communities create nurturing environments for children to
engage in free and structured play, recreation, leisure and learning activities. The child-friendly space may
provide health, nutrition, and psychosocial support, and other services or activities which will restore their
normal functioning;

(d) Civil Registry Documents – refer to all certificates, application forms, and certified true copies of legal
instruments and court decrees concerning the acts and events affecting the civil status of persons which are
presented before the Civil Registrar and are recorded in the Civil Registry;
(e) Civil Society Organizations (CSOs) – as defined in Republic Act No.10121 or the Philippine Disaster Risk
Reduction and Management Act of 2010, refer to non-state actors whose aims are neither to generate
profits nor to seek governing power such as nongovernment organizations (NGOs), professional
associations, foundations, independent research institutes, community-based organizations (CBOs), faith-
based organizations, people’s organizations, social movements, and labor unions which are organized
based on ethical, cultural, scientific, religious or philanthropic considerations;

(f) Disasters – as defined in Republic Act No. 10121, refer to a serious disruption of the functioning of a
community or a society involving widespread human, material, economic, or environmental losses and
impacts, which exceeds the ability of the affected community or society to cope using its own resources.
Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of
vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential
negative consequences. Disaster impacts may include loss of life, injury, disease and other negative effects
on human, physical, mental and social well-being, together with damage to property, destruction of assets,
loss of services, social and economic disruption, and environmental degradation;

(g) Emergency – refers to unforeseen or sudden occurrence, especially danger, demanding immediate
action as defined in Republic Act No. 10121;

(h) Family Tracing and Reunification – refers to the process where disaster response teams reunite families
separated by natural and human catastrophes by bringing together the child and family or previous care-
provider for the purpose of establishing or reestablishing long-term care;

(i) Hazard – refers to a dangerous phenomenon, substance, human activity or condition that may cause loss
of life, injury or other health impacts, property damage, loss of livelihood and services, social and economic
disruption, or environmental damage as defined in Republic Act No. 10121;

(j) Orphans or Orphaned Children – refer to children who do not have a family and relatives who can
assume responsibility for their care;

(k) Separated Children – refer to children separated from both parents, or from their previous legal or usual
primary caregiver, but not necessarily from other relatives. As a result, this may include children
accompanied by other family members;

(l) State of Calamity – refers to a condition involving mass casualty and/or major damages to property,
disruption of means of livelihoods, roads, and normal way of life of people in the affected areas as a result of
occurrence of natural or human-induced hazard as defined in Republic Act No. 10121;

(m) Transitional Shelter – refers to structures temporarily constructed by the government intended for
families affected by a disaster while awaiting transfer to permanent shelters; and

(n) Unaccompanied Children – refer to children who have been separated from both parents and other
relatives, and who are not being cared for by an adult who, by law or custom, is responsible for doing so.

SEC. 4. Comprehensive Emergency Program for Children. – The Department of Social Welfare and
Development (DSWD) shall formulate a Comprehensive Emergency Program for Children, hereinafter
referred to as the Program, taking into consideration humanitarian standards for their protection. The
Program shall be used as the basis for handling disasters and other emergency situations to protect
children, pregnant and lactating mothers, and support their immediate recovery. This shall be implemented
immediately after the declaration of a national or local state of calamity or occurrence of any other
emergency situation.
The DSWD shall engage all relevant government agencies and stakeholders for the implementation of the
Program. Local government units (LGUs) shall integrate the same in their development and Local Disaster
Risk Reduction and Management (LDRRM) plans and budget.

The Program shall be gender-sensitive and have the following components:

Establishment of Evacuation Centers. – LGUs shall establish and identify safe locations as evacuation
centers for children and families subject to the limitations found in Section 5 of this Act.

(b) Establishment of Transitional Shelters for Orphaned, Separated, and Unaccompanied Children. – The
National Housing Authority (NHA) shall, in coordination with the DSWD, the Department of Environment and
Natural Resources (DENR), Department of Public Works and Highways (DPWH), Department of the Interior
and Local Government (DILG), and LGUs of the areas declared under a state of calamity, immediately
establish an option for transitional shelters, prioritizing vulnerable and marginalized groups including
orphaned, separated, and unaccompanied children, and pregnant and lactating mothers. New transitional
shelters, established pursuant to this Act, shall be designed with the following considerations: gender-
specific emergency latrines, bathing cubicles, and hand washing facilities specifically designed for children.
It shall provide mother and child-friendly spaces where children can take part in child activities. It shall also
have provisions for maternal and newborn and infant care and rooms to protect, feed, provide personal care,
and ensure the right to privacy. Existing transitional shelters shall be modified to the extent possible to
comply with the abovementioned considerations.

(c) Assurance for Immediate Delivery of Basic Necessities and Services. – The Program shall facilitate and
ensure the immediate delivery of basic necessities and services specifically required by the affected children
in different stages of development such as access to basic health services, food, water, nutrition, medicines,
clothing, sanitary and hygiene kits, and other emergency needs such as blankets, mosquito nets, cooking
ware and fiiel, and flashlights. The Program shall give priority to the specific health and nutrition needs of
pregnant women, lactating mothers, newborn babies, children under five (5) years old and children with
special needs.

(d) Stronger Measures to Ensure the Safety and Security of Affected Children. – Under the Program, the
Philippine National Police (PNP) shall, in coordination with the Armed Forces of the Philippines (AFP) and
the DSWD, DILG, LGUs, Department of Education (DepED), Commission on Higher Education (CHED) and
CSOs in the community, monitor and ensure the safety and the security of the affected children in the areas
declared under a state of calamity and shall protect them against all forms of abuse and exploitation.

Upon the declaration of a national and local state of calamity, the PNP and the DSWD, with the assistance
of the AFP operating units in the area and local councils against trafficking and violence against women and
their children, in accordance with existing laws, shall immediately heighten comprehensive measures and
monitoring to prevent child trafficking, labor, and prostitution, including domestic and sexual violence, in the
areas declared under a state of calamity.

The DSWD shall require all government agencies, LGUs, and CSOs which are tasked to provide any
assistance or services to the affected children to adopt a child protection policy. The child protection policy
shall include measures to deter and effectively respond to cases of violence, abuse, and exploitation of
children.

All LGUs shall prioritize the establishment and functionality of the barangay violence against women and
children (VAWC) desks. The VAWC desk shall serve as one of the key reporting and referral mechanism for
cases of violence, abuse, and exploitation of children in the barangay diming all phases of emergency
response and recovery.

Children shall be given priority during evacuation as a result of a disaster or other emergency situation.
Existing CSOs in the community shall be tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by
persons responsible for their safety and well-being.

(e) Delivery of Health, Medical, and Nutrition Services. – Under the Program, the DOH, in coordination with
the DSWD, LGUs, and CSOs in the community, shall provide the health, medical, and nutritional needs of
children in the areas declared under a state of calamity, including psychosocial interventions for children in
different stages of development.

(f) Plan of Action for Prompt Resumption of Educational Services for Children. – The DepED, in coordination
with the DSWD, DILG, and the concerned LGUs shall ensure the prompt resumption of educational services
for all children, including early childhood care and development for children aged below five (5).

(g) Establishment of Child-friendly Spaces. – The concerned LGU shall set up child-friendly spaces in every
city or municipality declared under a state of calamity, as needed, based on the guidelines to be
promulgated by the DSWD. In addition, LGUs shall coordinate with lead agencies and CSOs to effectively
respond to the needs of the children in the area. Child-friendly spaces shall be made available throughout a
crisis, from emergencies to recovery.

In case the concerned LGU cannot immediately respond due to the huge impact of disaster, the DSWD,
together with the concerned national government agencies and in coordination with the CSOs and other
stakeholders, as well as nearby LGUs, shall provide the necessary child care services and social protection
of affected children.

(h) Promotion of Children’s Rights. – The Program shall include activities and processes that will promote
and uphold the rights of children by:

(1) Providing child-centered training for all responders;

(2) Ensuring that children are provided with adequate access to age-appropriate information on their roles
and responsibilities and those of government agencies before, during, and after disasters and other
emergency situations;

(3) Providing an effective mechanism for training and meaningful participation of children in community
disaster risk reduction program; and

(4) Consulting with the affected children on their needs and priorities for post-disaster relief and recovery.

SEC. 5. Evacuation Centers. – Only in cases where there is no other available place or structure which can
be used as a general evacuation center may a school or child development center be used as an evacuation
center.

When a school or child development center is used as an evacuation center, gymnasiums, learning and
activity centers, auditoriums and other open spaces shall be utilized first. Classrooms shall only be used as
a last resort. The use of the school premises shall be as brief as possible. If the use is predicted to exceed
fifteen (15) days, the affected LGU shall provide written documentation to the DepED and the DILG on the
following:

(a) The name and location of the school;

(b) All alternative sites and proposal for final site selection;

(c) Measures being implemented to prevent interference or disruption to the school and educational
activities of children; and
(d) Other particulars to be provided in the implementing rules and regulations of this Act.

The DepED, in coordination with the DPWH, shall continuously monitor and assess the condition of
temporary learning spaces or other transitional and semi-permanent structures used as classrooms after a
disaster, and if the use exceeds six (6) months after the declaration of a state of calamity, the regional
DepED office shall conduct regular site inspections and shall certify to the Secretary of Education that such
spaces are in good physical condition and sufficient to ensure the safety of the children and their
environment.

SEC. 6. Orphaned, Unaccompanied, or Separated Children. – The DSWD, upon consultation with relevant
agencies, shall develop a minimum set of standards and guidelines for the Family Tracing Reunification
System of orphaned, unaccompanied and separated children.

Orphaned children, and unaccompanied or separated children whose families or relatives cannot he found
or assessed to be incapable of providing proper care and protection shall be placed in a licensed or
accredited residential care facility or with a foster family in accordance with Article 140 of the Child and
Youth Welfare Code, or a community-based center. A registered social worker shall provide the needed
case management and intervention.

SEC. 7. System of Restoring Civil Registry Documents. – To ensure that vital information pertaining to the
personal circumstances of a child are adequately protected and available at all times, the Philippine
Statistics Authority (PSA) shall develop a system for the restoration and reconstruction of civil registry
documents that have been destroyed or declared lost or missing during a disaster or calamity.

The PSA shall submit a report on the number of restored or reconstructed documents to appropriate
government agencies for effective monitoring and reporting and to ensure the continued access of the
affected children to social services and facilitate the’ reunification of separated children with their families.

The PSA shall likewise develop a system for the registration of children born during a national or local state
of calamity.

SEC. 8. Training of Emergency Responders on Child Protection. – The National Disaster Risk Reduction
and Management Council (NDRRMC) shall promote and conduct a child-responsive training program for all
responders in the calamity area such as community and barangay leaders, community members, school
personnel and other rescuers. The training program shall include the following:

(a) Proper procedures and measures to assess the situation, safeguard and protect the affected children
during and after emergencies and disasters; and

(b) Appropriate training on psychosocial interventions for children in different stages of development who are
victims of calamities.

Each member agency shall include or mainstream child protection in their emergency response training to
service providers.

SEC. 9. Data Gathering, Monitoring, and Reporting. – The agencies mandated by this Act shall monitor and
report on the implementation of services under the Program to be submitted jointly to Congress annually.
The report shall include a specific section on pregnant women and children under five (5) years of age as a
strategy to address the post-disaster nutrition needs of children under age five (5) and pregnant women.

In the aftermath of a national or local state of calamity, the collection and reporting of data for the Disaster
Risk Reduction and Management Information System at all levels, as provided for in Republic Act No.
10121, shall be disaggregated by age, gender, ethnicity, and special needs. Such collected data shall be
utilized to understand and respond better to the needs of children affected by disasters and calamities.
Within five (5) days from the declaration of a national state of calamity or as soon as practicable, the DSWD
and the DILG shall jointly submit written documentation and report on their surveillance and monitoring
under Section 4(d) to the appropriate committees of the Senate and the House of Representatives.

SEC. 10. Appropriations. – The amount necessary for the initial implementation of this Act shall be charged
against the current appropriations of the DSWD, Office of Civil Defense (OCD), DepED, DOH, Department
of National Defense (DND) and PSA. Thereafter, the amount needed for the continued implementation of
this Act shall be included in the annual

General Appropriations Act. For LGUs, the implementation of the programs shall be charged against the
Local Disaster Risk Reduction and Management Fund (LDRRMF).

SEC. 11. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act, the
DSWD, in consultation and coordination with the DND, OCD, DOH, DepED, DILG, PNP, AFP and child-
focused CSOs shall promulgate the necessary rules and regulations for the effective implementation of this
Act.

SEC. 12. Interpretation Clause. – The provisions of this Act and its implementing rules and regulations shall
be liberally construed in favor of the best interest of the child.

SEC. 13. Separability Clause. – If any provision or part of this Act is declared invalid or unconstitutional, the
remaining parts or provisions not affected shall remain in full force and effect.

SEC. 14. Repealing Clause. – All laws, executive orders, presidential decrees, rules and regulations or parts
thereof inconsistent with any provision of this Act are hereby repealed, amended or modified accordingly.

SEC. 15. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in a newspaper £f general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.

(Sgd.) FRANKLIN M. DRILON
Speaker of the House
President of the Senate
of Representatives

Senate Bill No. 3034, which was approved by the Senate on February 1, 2016, was adopted as an
amendment to House Bill No. 5285 by the House of Representatives on February 2, 2016.

(Sgd.) MARILYN B. BARUA-YAP

(Sgd.) OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives

Approved: MAY 18 2016

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines