Magna Carta of the Poor Act (Republic Act No. 11291)

(a) Investments in anti-poverty programs to duly registered nonstock, nonprofit organizations focusin enable the g on poor to fully participate in the country’s the upliftment of the basic sectors of society by growth and providing development shall be among the top priorities advocacy, training, community organizing, research, access of the State; to resources, protection of the environment and conservation of

(b) Full access to government natural resources and other similar activities; services shall be provid ed to the poor by departments, agencies and instrumental ities of (e) People’s Organizations (POs) shall refer to self-he the government; lp groups belonging to the basic sectors composed of members

(c) Interventions to address the genuine concer having a common bond of interest who voluntarily ns of the join together poor will be strengthened, and long-term strate to achieve a lawful common social or economic end; gies and solutions for the empowerment of the poor will be (f) Poor shall refer to individuals or families whose institutionalized; and income falls below the poverty threshold as defined by the (dq) Enhancement and promotion National Economic and Development Authority (NEDA of capabilities and ) competencies of the basic sectors, and/or who cannot afford in a sustained manner to provide the nongovernment organizations (NGOs), the people’s organizations their minimum basic needs of food, health, education, (POs), and housing, other development partners for the effective or other essential amenities of life, as defined under delivery and Republic implementation of a wide range of anti-poverty Act No. 8425, otherwise known as the “Social Reform programs and and basic services through government strategies and Poverty Alleviation Act”. In determining who constitute collaboration the with development partners. poor, the Multidimensional Poverty Index determined by the Philippine Statistics Authority (PSA) shall be considered: SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined: (g) National Poverty Reduction Plan shall refer to the aggregation and consolidation of sectoral and local plans (a) Basie Sectors shall refer to the disadvanta through a bottom-up approach, from the Local ged sectors Poverty of Philippine society including Reduction Action Plan towards the formulation of farmer-peasants, fisherfolk, the national workers in the formal sector plan; and including s, migrant worker workers in the informal sector, indigenous people s and cultur al communities, women, persons with disability, (h) Progressive Realization shall refer to a process senior citizens, of victims of calamities/natural and human-indu implementation which will be paced according ced disasters, to the youth and students, children, availability of funds and which adjusts to the exigenc urban poor and members of ies of the cooperatives: times. (b) Development Partners shall refer to NGOs, SEC. 4. Scope of the Fundamental Rights of the Poor. POs and ~ The government shall establish a system of progre private organizations and corporations ssive that are engaged in programs and activities aimed at alleviating the realization or implementation to provide the requirements condition of , the poor; conditions and opportunities for the full enjoyment or realization of the following rights of the poor, which are (c) Hazardous/Danger Zones shall refer to essential requirements towards poverty alleviation: areas which, when occupied for residential or business purposes, pose a danger to the life and safety of the occupants or of the genera (a) Right to Adequate Food is the right of individuals public; l or families to have physical and economic access to adequa te 4 5 and healthy food, or the means to procure it. The Department shall be certified by the municipal, city, provincial or district of Social Welfare and Development (DSWD), the Department engineer as sufficient compliance with the labor requirements of Agriculture (DA), and other implementing agencies under this Act; concerned shall: (3) Promote livelihood among the poor where (1) Undertake necessary actions to mitigate and alleviate implementing agencies shall provide technical and hunger especially in times of calamities/natural and administrative support to help the poor establish their human-induced disasters; livelihood enterprise; (2) Fully implement and maintain supplementary feeding (4) Ensure compliance with core labor standards, address programs in day care centers and schools; the job and skills mismatch, and enhance human capital through education and training; and (3) Ensure the availability, accessibility and sustainability of food supplies in a quantity and quality sufficient to meet (5) Provide an environment for more inclusive tripartism the dietary needs of poor individuals and families; and to achieve more broad-based representation of interests and make decision-making highly participatory through social (4) Proactively engage the poor in activities intended to dialogue at the firm and industry levels. promote their food self-sufficiency and strengthen their access to resources and means to ensure food security. (c) Right to Relevant and Quality Education is the right to attain the full development of the human person. The (b) Right to Decent Work is the right to the opportunity Department of Education (DepEd), the Commission on Higher to obtain decent and productive employment, in conditions of Education (CHED) and the Technical Education and Skills freedom, equity, gender equality, security, and human dignity. Development Authority (TESDA), in coordination with development partners concerned, shall: The Department of Labor and Employment (DOLE) and other implementing agencies concerned shall: (1) Maintain a system of free public education in the kindergarten, elementary and high school levels: (1) Ensure that the poor shall have access to information regarding employment openings in private enterprises and in (2) Make higher education accessible to all poor individuals government programs and projects especially regarding and families. They shall expand the programs of providing free available employment opportunities for families displaced by or socialized college education to the poor, including student calamities/natural and human-induced disasters or relocated loans or study-now-pay-later plans, in state/local universities from hazardous/danger zones: and colleges, which may be made subject to reasonable academic requirements; and (2) Ensure the compliance of private contractors and subcontractors doing national and local public work projects, (3) Ensure access to quality technical-vocational education funded by either the national government or any local and training through scholarships, subsidies and financial government unit (LGU), to fill in thirty percent (30%) of the assistance to ensure access to decent and productive skilled labor requirements by qualified workers who come from employment, subject to compliance to qualification the poor sector and who are residents of the LGUs where these requirements. projects are undertaken: Provided, That where the number of available resources is less than the required percentage (d) Right to Adequate Housing is the right to have a provided therein, said requirements shall be based on the decent, affordable, safe and culturally appropriate place to live maximum number of locally available labor resources and in, with dignity, security of tenure in accordance with Republic or ee etm 6 7 Act No. 7279, otherwise known as the “Urban Development the community; and (vi) prevention, treatment and control of and Housing Act of 1992”, in peace, with access to basic epidemic and endemic diseases; services, facilities, and livelihood. The Housing and Urban Development Coordinating Council (HUDCC) and other (3) Reduce the financial burden of health care and implementing agencies concerned shall: protection of the poor through a socialized health insurance program with the end view of totally eliminating out-of-pocket (1) Prioritize the implementation of the socialized housing expenses; and program with identified appropriate subsidies; (4) Provide health-related education and information to (2) Immediately construct and provide housing facilities the community. for families living in identified hazardous/danger zones, and in areas affected by disasters/calamities where the housing SEC. 5. Non-Diminution of the Rights of the Poor. — All needs of the poor are urgent; other rights of the poor provided under existing laws shall moet remain in full force and effect. Nothing herein shall be (3) Create an enabling environment that will assist the construed in a manner that will diminish the enjoyment of poor gain access to security of tenure with the least financial such rights by the poor who shall have the right to avail of burden; and greater rights offered by existing laws, including those granted under this Act. (4) Provide a system consisting of simple requirements and procedures, and expeditious processing and approval SEC. 6. Social Protection. - The government shall especially for community-based socialized housing/people’s implement a sustainable mechanism to build an effective social proposals. protection system to ensure the access of the poor to protection from any risk or contingency. The system shall include social (e) Right to the Highest Attainable Standard of Health insurance, safety nets, social services, and labor market is the right to have equitable access to a variety of facilities, interventions, which shall be made affordable and accessible. goods, services and conditions necessary for the realization of This social protection shall likewise be pursued in and during the highest attainable standard of health. The Department of bilateral and multilateral negotiations, including arrangements Health (DOH) and other implementing agencies concerned to be entered into with international financial institutions. shall: Chere SEC. 7. System for Targeting of Beneficiaries. ~ The (1) Ensure equitable access to a system of good quality srt NEDA shall maintain and periodically review, in consultation health care and protection that is also available, and accessible with PSA, a single system of classification to be used for to the poor, in keeping with reasonable standards; targeting beneficiaries of the government’s poverty alleviation programs and projects to ensure that such programs reach the (2) Provide for comprehensive, universal, culture-sensitive, intended beneficiaries. nondiscriminatory and gender-responsive health services and programs, which include: (i) maternal and child health care DSWD, in coordination with NEDA and the National and nutrition; Gi) access to ethical, legal, medically safe and Anti-Poverty Commission (NAPC), shall identify the target effective reproductive health services and supplies: beneficiaries. be (ii) promotion of breastfeeding; (iv) prevention and management of reproductive tract infections, sexually transmitted diseases, SEC. 8. The National Poverty Reduction Plan (NPRP) including Human Immunodeficiency Virus (HIV) and Acquired and Enhanced Coordination and Convergence among Immune Deficiency Syndrome (AIDS); (v) provision of Government Agencies. — All government agencies shall immunization against major infectious diseases occurring in 8 9 formulate, within one hundred (100) days from the issuance (e) CHED — Student Financial Assistance Program of the rules and regulations to implement this Act, a (STUFAP); comprehensive and convergent plan to set the thresholds to be achieved by the government for each of the recognized rights (f) National Housing Authority (NHA) —- Socialized of the poor. This plan shall consider development plans of housing program; provinces, cities, and municipalities. NAPC, with the technical assistance of NEDA, shall be tasked to compile and harmonize (g) DOH - Basic health care services; these plans. The Department of Budget and Management (DBM) shall likewise review the NPRP for inclusion in the (h) Philippine Health Insurance Corporation (PhilHealth) budget of implementing agencies. — Expanded Primary Care Package for the Poor and Senior Citizens; and SEC. 9. Participation of the Basic Sectors and of the Local Government Units (LGUs). — NAPC shall ensure that (i) Social Housing Finance Corporation (SHFC) — the basic sectors and the LGUs are engaged in the formulation Community Mortgage Program for qualified organized informal and implementation of the NPRP. The Department of the settlers. Interior and Local Government (DILG) shall monitor the compliance of the LGUs in aligning their respective Allocations for the implementation of these programs and development, investment, and poverty reduction plans with the projects shall be given preferential consideration in the funding NPRP, and in implementing the same. allocation of the agency budget. SEC. 10. Funding Requirements. — The funding for the Any additional funds to the existing appropriations of the poverty alleviation programs and projects implemented under pro-poor programs in the different departments and agencies this Act shall be sourced from the existing appropriations as shall be included in the GAA. authorized under the General Appropriations Act (GAA) of the different departments and agencies implementing these SEC. 11. Private Sector Participation. — The private programs including those enumerated below: sector shall be highly encouraged to be an active partner in the financing and implementation of poverty alleviation (a) DSWD —- Pantawid Pamilyang Pilipino Program (4Ps) programs and projects. The government agencies implementing and Sustainable Livelihood Program (SLP), and Kapit-Bisig these programs shall be authorized to accredit development Laban sa Kahirapan-Comprehensive and Integrated Delivery partners, which may accept donations, aids or grants, in cash of Social Services National Community Driven Development or in kind, from duly accredited sources, to meet the demands Program (KALAHI-CIDSS NCDDP); of and uphold the basic rights of the poor to adequate food, decent work, relevant and quality education, adequate housing, (b) DOLE — Special Program for Employment of Students and the highest attainable standard of health. Acceptance and (SPES) and Tulong Panghanapbuhay sa Ating Disadvantaged use of such donations, aids or grants shall be transparent and Workers “TUPAD”. Project; subject to applicable government regulations. (c) TESDA — Skills Training, Private Education Student SEC. 12. Tax Exemptions. — Any donation, contribution Financial Assistance (PESFA) and the Training for Work and grant which may be made to the programs implemented Scholarship Program (TWSP); under the NPRP shall be exempt from the donor’s tax in accordance with the specific provisions of the National Internal (ad) Deplid — Alternative Learning System (ALS) and Revenue Code of 1997, as amended by Republic Act No. 10963 Government Assistance to Students and Teachers in Private or the “Tax Reform for Acceleration and Inclusion”. Education (GASTPE); 10 fli The implementers of the socialized housing resettlement SEC. 18. Effectivity. — This Act shall take effect fifteen program shall enjoy the incentives stated in Section 20 of (15) days after its publication in the Official Gazette or in a Republic Act No. 7279, otherwise known as the “Urban newspaper of general circulation. Development and Housing Act of 1992”, subject to the new guidelines under Republic Act No. 10884 or the “Balanced Approved, Housing Development Program Amendments”. SEC. 13. Implementation through a System of Progressive Realization. — The implementation of this Act is through the Principle of Progressive Realization: Provided, GLORI AGAL-ARROYO — VICENTE C. SOTTO Iil That the President and Congress have the prerogative to eaker of the House Presideyat of the Senaie allocate funds to all poverty alleviation programs as they may v of Representatives F deem necessary through the GAA. Nothing in this Act shall be construed in any manner as requiring the government to undertake the immediate implementation of all poverty alleviation programs. This Act was passed by the Senate of the Philippines as Senate Bill No. 2121 on January 29, 2019 and adopted by SEC. 14. Compliance Report. — NAPC shall oversee and the House of Representatives as an amendment to House monitor compliance with this Act. Within six (6) months from Bill No. 5811 on January 30, 2019. the effectivity of this Act and every six (6) months thereafter, all implementing departments and agencies shall submit a report to the NAPC on their respective compliance with the ~~ Ah provisions of this Act which, in turn, shall submit a Ath, rs compliance report to the House Committee on Poverty DANTE ROBERTO’P. MALING MYRA MARIE D. VILLARICA Alleviation and to the Senate Committee on Social Justice, Acting Secretary General Secretary of the Senate Welfare and Rural Development. House of Representatives SEC. 15. Implementing Rules and Regulations. — Within six (6) months from the effectivity of this Act, the NAPC shall. in coordination with the government departments and agencies, with the participation of the LGUs and the basic V’ Approved: APR 1 2 2019 sectors, promulgate rules and regulations to carry out the provisions of this Act. SEC. 16. Separability Clause. — If, for any reason, any section or provision of this Act is declared unconstitutional or invalid, the other sections or provisions which are not affected shall continue to be in full force and effect. RODRIGO ROA DUTERTE President of the Philippines SEC. 17. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and regulations or parts thereof Office of the Presiden inconsistent herewith are repealed, amended, or modified accordingly. 0 % aT A He REPUBLIC OF THE PHILIPPINES PRRD 2016 - 010394