Assistance to Individuals in Crisis Situations (Aics) Act

Sellate Office of the gortretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) OCT -7 P2:39 SENATE RECEIVED BY: Senate Bill No. 1445 Introduced by Senator Erwin T. Tulfo AN ACT INSTITUTIONALIZING THE ASSISTANCE TO INDIVIDUALS IN CRISIS SITUATIONS PROGRAM OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), PROVIDING PENALTIES FOR THE VIOLATION OF CERTAIN UNLAWFUL ACTS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Sections 9, Article Il of the 1987 Constitution provides that the state shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. The Assistance to Individuals in Crisis Situations (AICS) Program of the Department of Social Welfare and Development (DSWD) is a flagship social welfare initiative that provides immediate and appropriate assistance to individuals and families facing crisis situations. Despite its long-standing implementation and wide-reaching impact, the AICS Program currently operates through administrative issuance and is not yet institutionalized by law. As such, the absence of

a legal framework limits its sustainability, consistency, vulnerable to changes in leadership, priorities, and political climates. This bill seeks to institutionalize the AICS program to ensure its continuity beyond political terms and consistent implementation. More importantly, it establishes accountability mechanisms by defining and penalizing specific unlawful acts that threaten its proper implementation. Among the unlawful acts are: a) Interference by government officials, personnel, or their relatives in the delivery of AICS services or funds, which undermines impartiality and fairness; such as b) Fraudulent practices submitting falsified documents, misrepresenting one's status, or using deceit to unjustly access assistance; c) Coercion or manipulation of beneficiaries to give up part of their assistance, whether before or after receipt, often perpetrated by unscrupulous individuals or groups; and d) Misleading individuals into joining or transacting with groups falsely claiming affiliation with DSWD or falsely promising priority processing in exchange for fees or loyalty. Through this proposed measure, we aim to impose accountability, uphold the integrity of public service, and ensure that the benefits of AICS rightfully reach the people who need them most-without interference, deception, or corruption. In view of the foregoing, the passage of the measure is earnestly sought. ERWIN T. TULFO

• • Senate Offce of the Secretatp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES OCT -7 P2:39 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1445 Introduced by Senator Erwin T. Tulfo AN ACT INSTITUTIONALIZING THE ASSISTANCE TO INDIVIDUALS IN CRISIS SITUATIONS PROGRAM OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), PROVIDING PENALTIES FOR THE VIOLATION OF CERTAIN UNLAWFUL ACTS, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

2 "Assistance to Individuals in Crisis Situations (AICS) Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy

of the State to promote a just and dynamic social order alleviating the plight of the poor through policies that provide adequate social services and raise the standard of living for the improved quality of life for all. Likewise, the State hereby adopts a policy to provide assistance through projects, programs and services geared towards alleviating poverty and improving the quality of life of every Filipino, especially the marginalized sector, and disadvantaged individuals and families.

SEC. 3. Definition of Terms. - As used in this Act:

a) Assistive Technology Devices refers to assistive products whose primary purpose is to increase, maintain, or improve the functional capabilities of persons with disabilities, to enhance overall well-being and help prevent impairments and secondary health conditions. These include wheelchairs, prostheses, hearing aids, visual aids, and specialized computer software and hardware, or any advancement in technologies that increase mobility, hearing, vision, or communication capacities; b) Case Management refers to a process of screening, assessing, planning, implementing, coordinating, monitoring, evaluation, and other interventions as used by Crisis Intervention Program Bureau (CIPB) to improve the capability of qualified beneficiaries in addressing their needs; c) Cash Relief Assistance refers to a form of financial assistance provided through outright cash grant to individuals and families who are in difficult circumstances such as but not limited to victims of calamities or disasters, crimes, armed conflict, economic hardship, violence against women and children, human trafficking, or students-in-crisis, and repatriated Overseas Filipinos, as determined through the assessment of Department of Social Welfare and Development (DSWD) social workers; d) Crisis Situation refers to a condition of an individual in a stressful situation that impairs psychosocial functioning or participation in socio-economic activities, including access to education, work, and health care, which requires series of interventions to prevent further exposure to vulnerabilities, exploitation or abuse;

e) Financial Assistance refers to a service provided through monetary support in the form of outright cash, electronic fund transfer, guarantee letter, coupon, check or voucher that has monetary value, intended for funeral assistance, transportation assistance, medical assistance, assistance to student-in-crisis, food assistance, cash relief assistance, and all other types of cash assistance that may be provided under this Act; f) Food Assistance refers to assistance to those in need due to human-induced and natural calamities and those experiencing other forms of crisis or displacement, eviction, demolitions or requiring interventions for sector- specific support which include hot meals, food or meal allowance, or the cash equivalent of the required hot meals and/or food packs; g) Funeral Assistance refers to assistance to help defray funeral and related expenses such as transfer of cadaver, burial site, and other related expenses incurred by the family of the deceased, with consideration to context, cultural, and religious backgrounds; h) Guarantee Letter refers to a document duly approved and issued by the DSWD, which ensures the payment of the amount appearing on the document, that the beneficiary presents to any public or government-owned or controlled hospitals or other institutions and to any similar private entity that is willing to provide services; i) Material Assistance refers to a service providing food and non-food items to clients who need immediate material support, such as food packs or vouchers, hygiene or sleeping kits and assistive devices and technologies, subject to its availability;

j) Medical Assistance refers to financial assistance in the form of coupon, stub, guarantee letter, voucher that has monetary value, or outright cash, given directly to clients or beneficiaries to pay for hospitalization expenses, other medical treatments or procedures, and which include complicated birthing procedures or high-risk pregnancies, as well as professional fees, purchase of drugs, medicines, and purchase of assistive technology device, goods or other services prescribed by the physician of a health facility; k) Referral Service refers to a service provided when the requested support is not within the range of services of the AICS program through coordination and/ or endorsement of the beneficiary case within the DSWD available programs, projects and services and to other agencies such as but not limited to the Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), Department of Health (DOH), Public Attorney's Office (PAO), Philippine Charity Sweepstakes Office (PCSO) local government units (LGUs) and other agencies, civil society organizations, and international/non-government organizations; 1) Student-In-Crisis refers to a learner facing serious circumstances that disrupt their education and well-being, such as the loss of a breadwinner, family health emergencies, abuse, or sudden livelihood crises. It also includes those affected by calamities or disasters, orphans and neglected children, children of solo parents, incarcerated or repatriated OFW parents, and working students struggling to continue their studies; m) Target Beneficiaries refer to individuals or families determined to be in a crisis situation, wherein such condition adversely impacts their capacity to adequately

provide for their basic needs and/or to effectively recover from socio-economic, psychosocial, or other adverse circumstances based on the assessment of the DSWD social workers; n) Transportation Assistance refers to the monetary support to cover the actual cost incurred on land, sea, and air travel within the Philippines, including other related expenses as facilitated by the DSWD social workers; o) Psychosocial Support refers to a service provided by trained or professional psychosocial support workers to help meet the psychological, emotional, and social needs of beneficiaries and their families. It is a set of interventions that intends to positively improve a person's behavior to reduce the impact of stress brought about by a crisis through behavioral modification interventions; and p) Voucher refers to a document issued by DSWD with an equivalent monetary value that serves as an authorization or proof for a client to receive goods or services from an accredited partner such as but not limited to pharmacies, grocery stores, funeral parlors, transport services.

SEC. 4. Assistance to Individuals in Crisis Situation Program

(AICS) - Assistance to Individual in Crisis Situations Program (AICS) is hereby institutionalized as a regular and permanent program of the DS WD. As used in this Act, AICS Program is a stop-gap measure that provides financial, material, psychosocial support, and other services that the DSWD may deem appropriate to families and individuals who have experienced a crisis or unexpected life event. To effectively respond to the individuals in crisis situations, each qualified target beneficiary shall receive medical, transportation, food, material assistance, and cash relief assistance, including other

1 professional assistance available based on the assessment of the DSWD social workers.

SEC. 5. Types of Assistance. - Based on the assessment and

recommendation of the social workers or any other personnel authorized by the DSWD, the following are the types of assistance that the target beneficiaries may receive under this Act: a) Financial Assistance; b) Material Assistance; c) Psychosocial Support; d) Referral Service; or e) Such other services that the DSWD may deem appropriate. The DSWD may review, enhance, discontinue, or introduce additional services or programs as it may deem appropriate to respond to evolving needs and ensure the effective delivery of assistance.

SEC. 6. Modes of Delivery of Services. - The DSWD shall adopt

different modes to deliver efficiently, expeditiously and effectively the financial or material assistance, psychosocial support, and referral service to the clients and communities needing assistance from the government such as but not limited to the following: a) Service delivery within the Central or Field Offices; b) Setting up of an offsite or satellite venues; c) Implementation through Malasakit Centers under Republic Act (R.A.) No. 11463 or the "Malasakit Centers Act"; and d) Transfer of funds to LGUs and National Government Agencies (NGAs) Provided, That the DSWD shall procure and/or construct a secure office system, information and communication technology equipment, and all necessary capital outlay expenditures such as vehicles, and

vaults, among others, needed to efficiently and effectively implement this Act. Provided, further, That the DSWD may also establish an automated system for processing and releasing the requested assistance. For this purpose, the appropriations needed for the payment of the necessary cash-out fees or other service fees charged by partner financial institutions shall form part of the DSWD annual budget under the General Appropriations Act.

SEC. 7. Authority to Receive and Administer Donations. - The

12 DSWD is hereby authorized under this Act to receive donations from government and non-government organizations and to administer the same strictly and exclusively for AICS beneficiaries, subject to relevant rules and regulations.

SEC. 8. Integrated Program Delivery System. - To improve the

delivery of service to the eligible beneficiaries under this Act, there shall be an established Integrated Program Delivery System. In keeping with the principle of equitable access, and ensuring that access to the AICS is maximized, a mechanism for real-time data sharing between the DSWD and the LGUs shall be institutionalized, subject to the statutory limitations of R.A. No. 10173 or the "Data Privacy Act of 2012." For this purpose, concerned agencies such as the Philippine Statistics Authority (PSA), DOH - Malasakit Centers, and LGUs may share information from a centralized database to identify the assistance given to the Program's target beneficiaries, for assistance augmentation, and to prevent a possible abuse of the assistance given to those in crisis situations.

SEC. 9. Crisis Intervention Program Offices. -To ensure

effective and efficient delivery of services to target beneficiaries, the following shall be established:

a) Crisis Intervention Program Bureau at the DSWD Central Office; b) Crisis Intervention Program Divisions at the DSWD Field Offices; and c) Crisis Intervention Program Units at the DSWD Satellite Offices. The Crisis Intervention Program Offices shall monitor and evaluate the implementation of AICS Program and prepare the monitoring and evaluation report for submission to the Secretary of the 11 DSWD. The monitoring and evaluation report must be available and accessible to any stakeholder at the national, regional, and local levels.

SEC. 10. Personnel Complement. - The DSWD is hereby

authorized to create the necessary plantilla and staffing pattern for the effective implementation of this Act, in accordance with the Revised Compensation and Position Classification System (CPCS), in coordination with the Department of Budget and Management (DBM), and in compliance with civil service laws, rules and regulations, and other pertinent laws.

SEC. 11. Program Monitoring and Evaluation. - The DSWD

shall conduct monitoring and evaluation to assess the responsiveness of the AICS Program using applicable indicators, frameworks, models, and tools, including a client/stakeholder's feedback mechanism, among others, and the establishment of standard reporting templates and procedures in consonance to applicable laws, rules, and regulations.

SEC. 12. Program Transparency and Reporting. - The DSWD

shall publish annually a comprehensive report on the implementation of the AICS Program for the previous fiscal year and/or timely publish and update periodically on the DSWD website a report of financial disclosures and information about beneficiaries based on geographical area and sectoral category, subject to the provisions of R.A. No. 10173, or the "Data Privacy Act of 2012."

SEC. 13. Unlawful Acts. - The following acts shall be considered

unlawful: a) It shall be unlawful for the government official or personnel, their agents, representatives or relatives within the fourth civil degree of consanguinity or affinity to interfere, in any manner, in the implementation or delivery of AICS services or funds to qualified beneficiaries; and b) It shall be unlawful for any individual or organization to commit the following acts: i. Defraud the government by issuing or presenting falsified or misleading documents, or using false pretenses or other fraudulent acts to acquire the assistance provided under this Act; ii. Coerce, invite, encourage or assist persons to seek assistance from the DSWD for purposes of acquiring from the beneficiary a portion of the assistance, before or after the receipt of assistance; iii. Mislead an individual or group to join, pay or cooperate with a group falsely representing connection or affiliation with DSWD or falsely promising priority in the processing of assistance.

SEC. 14. Penalties.

a) Any person found guilty of the punishable act under

Section 13 (a) of this Act shall be punished by

imprisonment of six (6) months. Such penalty is without prejudice to any other liability which the government official or employee may have incurred under existing laws, rules or regulations;

b) Any individual or organization found guilty of the punishable act under Section 13 (b) of this Act shall be punished by: i. One (1) year suspension from availing any assistance from the DSWD for the first offense; and ii. One (1) year suspension from availing any assistance from the DSWD for the first offense and imprisonment of not less than one (1) year but not more than six (6) years for the second and subsequent offenses. If the offender is an organization, the president, manager, or any officer of the organization who participated in the commission of the acts enumerated above or benefited therefrom, or both, shall be held liable and shall be punished by imprisonment of not less than six (6) years but not more than ten (10) years. This is without prejudice to any action against the organization or corporation before appropriate government agency. Conspiracy to commit any of the unlawful acts under this Act shall be penalized by the same penalty prescribed under this Section. In all circumstances, the government shall be authorized to prosecute or to file cases on behalf of the private individual defrauded and damaged by the commission of the unlawful acts provided herein.

SEC. 15. Cash Equivalents. - It shall be mandatory for any public

or private entity that provides services under this Act to accept the guarantee letter, coupon, check or voucher issued by the DS WD as full or partial payment of the obligation of the qualified beneficiary. The DSWD must, within three (3) months from the date of acceptance, pay the public or private entity the amount appearing on the guarantee letter, coupon, or voucher.

SEC. 16. AICS Joint Congressional Oversight Committee.

2 (AICS-JCOC). - AICS Joint Congressional Oversight Committee is hereby constituted to monitor and ensure the effective implementation of this Act, identify the deficiencies, limitations, and propose necessary amendments to address them. The Committee shall be composed of five (5) members each from the Senate and House of Representatives to be designated by the Senate 9 President and the Speaker of the House of Representatives, respectively. The Committee shall be jointly chaired by the respective Chairpersons of the Senate Committee on Social Justice, Welfare and Rural Development and Committee on Social Services of the House of Representatives. The Minority in the Senate and House of Representatives shall each have at least one (1) seat in the Committee, as Co-Vice Chairpersons. The Secretariat of the Committee shall come from the existing Secretariat personnel of the Senate Committee on Social Justice, Welfare and Rural Development and Committee on Social Services of the House of Representatives. The AICS-JCOC shall conduct a hearing at least once every quarter to review the implementation of this Act and identify other necessary legislation.

SEC. 17. Implementing Rules and Regulations. - Within one

hundred eighty (180) days from the effectivity of this Act, the DSWD shall, in consultation with the Department of Interior and Local Government (DILG) and Department of Health (DOH), promulgate the necessary rules and regulations necessary in the proper implementation of this Act.

SEC. 18. Appropriations. - The amount necessary for the initial

implementation of this Act shall be charged against the current year's appropriations of DSWD. Thereafter, such sum as may be necessary

for the continued implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 19. Separability Clause. - Should any provision or part of

this Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 20. Repealing Clause. - All laws, decrees, orders, issuances,

rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,