AMORANTO, PATRIXIA BELEN M.

JD1A LS2018-00023
LEGAL RESEARCH

A House Bill No. 31 which was introduced and earnestly sought for it’s approval by Rep.
Raul V. Del Mar and enacted by the Senate and House of Representatives of the Philippines is
known as “An Act Providing For A Magna Carta Of The Poor.” The act was promulgated to focus
more on implementing systems of measures that would provide subsidies in helping the poor
especially in the pursuit of their rights to promote poverty reduction for it was greatly stressed
by Del Mar that in order to make democracy work, the government must firstly work for the poor
for them to be given the equal opportunities to participate in the benefits, growth and
development of a democratic society and for them to be economically empowered to participate
in the democratic process of setting national goals that affect their daily lives.

While it has been mentioned that there are existing laws touching the need of the poor,
the jobless, the homeless and the landless as part of an overall national strategy to alleviate
property, this proposed legislation puts in sharp focus by stating in unequivocal terms what is felt
to be the basic irreducible rights of the poor as essential requirements towards poverty
alleviation, rights without which it is pointless to talk about poverty reduction. These rights are:
the right to employment, the right to free healthcare and medicine- the “minimum standards of
decency”.1 Moreover, the act thoroughly explained the policy as stipulated in Section 2 of House
Bill No, 31 which states that:

SEC. 2. Declaration of Policy. - It is the declared policy of the State to uplift the
standard of living and quality of life of the poor and provide them with sustained
opportunities for growth and development. It shall adopt an area-based, sectoral,
and focused intervention to poverty alleviation where every poor Filipino family
must be empowered to meet their minimum basic needs, through the partnership
of the government and the basic sectors. It is likewise vital that the State complies
with its international obligations to eradicate extreme poverty and hunger;
achieve universal primary education; promote gender equality and empowerment
of women; reduce child mortality improve maternal health; combat Human
Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS),
malaria and other diseases; and ensure environmental sustainability and
development of a global partnership for development. To attain the foregoing
policy:

1 Explanatory Note
 (a) The government shall prioritize investments in anti-poverty programs
to enable the poor to fully participate in the Country's growth and
development;

(b) All departments, agencies and instrumentalities of the government

shall provide full access of its services to the poor;

(c) The government shall strengthen interventions to address the genuine

concerns of the poor and shall institutionalize long-term strategies and
solutions for the empowerment of the poor; and

(d) Government strategies shall enhance and promote the

capabilities and competencies of the basic sectors, the nongovernment
organizations (NGOs) and people's organizations (POs), as development
partners of the government for the effective delivery and implementation
of a wide range of anti-poverty programs and basic services.2
With the points contented in the foregoing paragraph, I am in favor and in support for
the approval of House Bill No. 31, otherwise known as “An Act Providing For A Magna Carta Of
The Poor” into becoming a law for the reason that such bill and the provisions that it serve would
become highly beneficial to the majority of the people living in our country: the poor. Moreover,
such bill does not only aim to elevate the standard of living of the poor but it also provides
measures focusing on poverty alleviation through government intervention. As defined,
“Government” regardless of the form it takes is nothing more than an instrument to preserve an
ordered society.3 Moreover, government is the exercise of authority in the administration of the
affairs of a state, community, or society; the authoritative direction and restraint exercised over
the actions of men in communities, societies, or states.4

A governmental duty involves exercise of governmental power, and is assumed for

exclusive benefit of public.5 And, the country welfare board members’ duties under statutes
relating to paupers are “governmental” and are not “ministerial” but are “quasi-judicial” in
nature. 6 With that, Magna Carta for the poor should be put into order for it focuses on the need
to exercise the administration of a government intervention since such is highly substantial given
that in our present situation, poverty is not just a mere problem of our country but it is
tantamount to a critical setback and question of survival, more so.

2 Policy House Bill

3 Miami Laundry Co. V. Florida Dry Cleaning & Laundry Board, 183 So. 759, 764, 134 Fla.1.
4 People V. Pierce, 41 N.Y.S. 858, 18 Misc. 83, 85, 86, citing Cent. Dict.
5 Harris V. City of Des Molnes, 209 N.W. 454, 456, 202 Iowa, 53,46 A.L.R. 1429.
6 Robinette V. Price, 8 N.W. 2d 800, 807, 214 Minn. 521.
 The proposed bill, although demandable at sight, also puts things in a realistic point of
view as elucidated in its explanatory note. It clarified that once the bill was approved into a law,
it does not demand that all the fundamental rights of the poor promulgated and written in the
provisions of said bill will not be demanded for its immediate implementation to provide the
requirements, conditions and opportunities for the full enjoyment of the following rights of the
poor which are essential requirements towards poverty alleviation knowing the capacity of our
government resources which are limited and constrained. What this bill expressly provides is
although there are many existing laws that caters to the poor and its needs, this bill explicitly
states and focuses on the Magna Carta of the Poor and such approval and implementation of the
proposed legislation will serve as a benchmark for the application of progressive measures for
the mitigation of the poor--- warranting them to be entitled to the right of employment and right
to free healthcare and medicine, which are according to the bill, are the basic irreducible rights
and essential requirements towards poverty alleviation. Such contentions were further stated in
the Section 12 of the bill which states that:

Section 12. Principle Governing Implementation. - Nothing in this Act shall be

construed in any manner as requiring the Government to undertake the
immediate implementation of all the mandated benefits and programs for the
poor. The Government shall implement the provisions of this Act in accordance
with a system of progressive realization or program of progressive measures over
time, considering the critical poverty alleviation concerns and related priorities
that need sustained allocation of resources.7

The bill, however, was vetoed by former President Benigno Aquino on the ground of
“substantial infirmities” on the controversy that there are largely questions of funding on how to
properly implement the proposed policy of the bill particularly on the prerogatives of the poor
and that there are questionable and unclarified provisions in the bill specifically emphasizing the
a system of progressive realization for the purposes of implementation of the bill. However, I am
still in support of its application because the bill was innately proposed for the beneficiary of the
poor and more so, such bill recognizes the value of education as a national investment for the
better future of the marginalized. Furthermore, under the Constitution, education is an
indispensable “governmental function.”8 The operation of a public school system is a
“governmental function.” A county board of education is a county government entity exercising
a “governmental function” in operation and maintenance of schools of the county.9 And,
education is a “governmental function” and in exercise of that function a county acts in a
governmental capacity. 10

7 Section 12
8 P.S. Const. Art. 10, §1. Malone V. Hayden, 197 A. 344, 352, 329 Pa. 213.
9 Reed V. Rhea County, 225 S.W. 2d 49, 50,51, 189 Tenn. 247.
10 Baker V. Milam, 231 S.W. 2d 381, 383, 191 Tenn. 54.
 In addition to my claim, the function of relieving the poor is properly “governmental” in
its character.11 The expenditure of funds by the state for the support of the poor is in the
performance of a “governmental function” or “governmental duty”.12 The state has the duty to
provide for poor persons therein who are in need of assistance, and the discharge of such duty is
a “governmental function.” 13 Thus, in compliance with its defined governmental function and
duties of the state, the government and more so the state should implement systems of subsidy
in taking measures in helping the poor especially by prioritizing in creating and giving
employment opportunities to them. Such aims are thoroughly explained in the proposed bill
which is why I am adhering for its approval because I am one firm believer that generating
employment opportunities as one of the focal point of Magna Carta for the poor ease poverty.

Another principal point which the bill focuses for poverty reduction is the right of the poor
to free healthcare and medicine in order to improve maternal health, combat Human
Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome, malaria and other diseases
which are prevalent in our country. Moreover, in order for the poor to be ensure that they will
have an equitable access to a system of good quality health care and protection that is readily
available, accessible and acceptable for them, such bill should be approved. Moreover, this bill
was supported by laws promulgated long before having the same notion that the poor, even if
financially constrained, still have the right to access to healthcare and medicine. One example of
which is laid down in a case citing the Article XIII, Section 11 of the 1987 Constitution and Section
1 of Republic Act No. 8344 which states that:

Section 11 of Article XIII, Social Justice and Human Rights. The State shall adopt
an integrated and comprehensive approach to health development which shall
endeavor to make essential goods, health and other social services available to all
the people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women and children. The State shall
endeavor to provide free medical care to paupers.14

Section 1 of Batas Pambansa Bilang 702. In emergency or serious cases, it shall

be unlawful for any proprietor, president, director, manager or any other officer,
and/or medical practitioner or employee of a hospital or medical clinic to request,
solicit, demand or accept any deposit or any other form of advance payment as a
prerequisite for confinement or medical treatment of a patient in such hospital or
medical clinic or to refuse to administer medical treatment and support as
dictated by good practice of medicine to prevent death or permanent disability:
Provided, That by reason of inadequacy of the medical capabilities of the hospital
or medical clinic, the attending physician may transfer the patient to a facility

11 Town of Brighton V. Town of Charleston, 44 A. 2d 626, 632, 114 Vt. 316.

12 Com. V. Schuylkill County, 62 A.2d 922, 924, 361 Pa. 126.
13 Bowman V. Frost, 158 S.W. 2d 945, 947, 289 Ky. 826.
14 Section 11 of the 1987 Consti, Phil Health Care Providers VS Chicno Nazario Leonardo De

Castro
 where the appropriate care can be given, after the patient or his next of kin
consents to said transfer and after the receiving hospital or medical clinic agrees
to the transfer: Provided, however, That when the patient is unconscious,
incapable of giving consent and/or unaccompanied, the physician can transfer the
patient even without his consent: Provided, further, That such transfer shall be
done only after necessary emergency treatment and support have been
administered to stabilize the patient and after it has been established that such
transfer entails less risks than the patient's continued confinement: Provided,
furthermore, That no hospital or clinic, after being informed of the medical
indications for such transfer, shall refuse to receive the patient nor demand from
the patient or his next of kin any deposit or advance payment: Provided, finally,
That strict compliance with the foregoing procedure on transfer shall not be
construed as a refusal made punishable by this Act."

The propositions stipulated in the provisions of the bill might be unrealistic given the
standing of our economy today, however, I together with the more than half of the House of
Representatives supports and sought for the approval of such bill because the contention is not
highly improbable so long as the bill provides proper and adequate information to be readily
available for each citizen so that they would be able to be noted and complied with and system
of checks and balances should be made in order to use the budget allotted for intended recipients
of the proposed bill. Moreover, Magna Carta of the Poor or House Bill 4629 aims to achieve the
Millennium Development Goal of eradicating poverty and hunger. The measure seeks the help
of the private sector in financing and implementing poverty alleviation programs and projects.
Under the measure, the government is mandated to prioritize investments on anti-poverty
programs for the poor to participate in the country’s progress. The bill also compels all
departments, agencies and instrumentalities of government to provide full access of its services
to the poor.15

In conclusion,

15House approves ‘Magna Carta of the Poor’ By: Marc Jayson Cayabyab
http://newsinfo.inquirer.net/626586/house-approves-magna-carta-of-the-poor