Kabalikat Sa Hanapbuhay Act

Senate Office of the ercretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES NOV -3 P2:42 First Regular Session SV SENATE RECEIVED BY: S. No. 1478 Introduced by Senator JV Ejercito AN ACT PROVIDING DISCOUNTED OR WAIVED FEES AND CHARGES TO INDIGENT JOB SEEKERS IN THE ISSUANCE OF CERTAIN PRE-EMPLOYMENT DOCUMENTS ISSUED BY GOVERNMENT AGENCIES EXPLANATORY NOTE It is through pieces of legislation that our government creates an environment that is fair and just for everyone who seeks to make an honest living. While it is true that hard work is essential in alleviating oneself from poverty, progress is limited by available opportunities. We believe that Filipinos are the most industrious and most productive workforce. However, the very first steps in entering employment seems to have been very unwelcoming for indigents. They wish to work to bring food on their plate and lighten the financial burden of their families. Applicants are typically required to submit numerous pre-employment documents such as police clearances, NBI clearances, medical certificates, birth certificates and other certifications. The cumulative cost of obtaining them can be discouraging for indigent applicants. Our government must intervene to assist our people in their quest of finding decent jobs and improving their lives.

This proposed legislation aims to give equity and semblance of humanity to the job application process. We want to ensure that economic status will not prevent qualified individuals from accessing work opportunities. It recognizes that equitable access to employment is not achieved merely by creating jobs, but also by removing barriers that stand in the way of every applicant who is willing to work. In view of the foregoing, the approval of this bill is earnestly sought. JV EJERCITO

Senate Offite of the Excuretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES NOV -3 P2:42 First Regular Session SENATE RECEIVED BY: S. No. 1478 Introduced by Senator JV Ejercito AN ACT PROVIDING DISCOUNTED OR WAIVED FEES AND CHARGES TO INDIGENT JOB SEEKERS IN THE ISSUANCE OF CERTAIN PRE-EMPLOYMENT DOCUMENTS ISSUED BY GOVERNMENT AGENCIES 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 "Kabalikat sa

2 Hanapbuhay Act".

Sec. 2. Declaration of Policy. - It is the policy of the State to promote a just

and dynamic order that will support the prosperity and independence of the nation and free the people from poverty, through policies that provide adequate social services, and promote full employment, a rising standard of living, and an improved quality of life for all. Further, the State shall strive for the equitable distribution of opportunities, decent jobs, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people, and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

Sec. 3. Identification of Beneficiaries. - As used in this Act, an indigent job

seeker refers to a person who is seeking gainful employment and has no visible means of income or whose income falls below the official poverty threshold, as identified by the National Economic and Development Authority (NEDA) 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. The PSA, based on the criteria set under the Community-Based Monitoring System (CBMS) as established under Republic Act No. 11315, otherwise known as the 5 "Community-Based Monitoring System Act", shall validate the list of indigent households in the Listahanan of the Department of Social Welfare and Development 7 (DSWD) identify indigent individuals. The Local Social Welfare Development Officer (LSWDO) of the city/municipality or any equivalent unit of the municipality where the indigent job seeker resides is authorized to issue a Certificate of Indigency based on the latest CBMS data, abovementioned criteria, and established guidelines, as proof of eligibility of job seekers in availing the privileges provided for under this Act. Such certification shall be free of charge. For purposes of identifying indigent job seekers, any other unified targeting system duly agreed upon by the Inter-Agency Coordinating and Monitoring Committee may be used in the future. An indigent job seeker whose household is enrolled under the seven-year period "Pantawid Pamilyang Pilipino Program (4Ps)", shall be automatically considered as "indigent" and eligible to avail of the privileges under this Act. First time job seekers who avail of waived government fees and charges in the issuance of pre-employment documents under Republic Act No. 11261, otherwise known as the "First Time Jobseekers Assistance Act" are not covered by this Act.

Sec. 4. Twenty Percent (20%) Discount on Fees and Charges for Clearances

and Certificates. - Indigent job seekers, whether here or abroad, shall be granted twenty percent (20% discount in the payment of fees and charges for the following clearances and certificates requisite for pre-employment application: a) Clearance from the barangay where the job seekers reside; b) Clearance from the National Bureau of Investigation (NBI); c) National Police Clearance from the Philippine National Police (PNP); d) Medical Certificate for local employment from any government hospital licensed by the Department of Health (DOH), and medical certificate for foreign employment from any DOH-accredited medical facility for overseas workers and seafarers;

e) Certificate of Marriage from the Philippine Statistics Authority (PSA); f) Certificate of Live Birth from the PSA; g) National Certificate and Certificate of Competency (COC) from the Technical Education and Skills Development Authority (TESDA); h) Certificate of Civil Service Eligibility from the Civil Service Commission (CSC); and i) Other documentary requirements issued by the government that may be required by employers from indigent job seekers, as determined and approved by the Inter-Agency Coordination and Monitoring Committee established in Section 6 of this Act.

Sec. 5. Waiver of Fees and Charges for Pre-Employment Documents. - The

fees and charges required to acquire the following pre-employment documents and cards shall be waived: a) Tax Identification from the Bureau of Internal Revenue; and b) Transcript of Records, Transfer Credentials, Authenticated Copy of Diploma, and Certificate of Good Moral Character from the State Universities and Colleges, and Local Universities and Colleges of the job seeker. The indigent job seeker may avail of the privileges of waived or discounted fees under this Act only once every six (6) months from each government agency.

Sec. 6. Prohibited Acts and Penalties. - (a) Any public officer or employee who

refuses or fails to issue a Certificate of Indigency, or to provide the benefit granted to the indigent job seeker in violation of Sections 4 and 5 of this Act shall, upon conviction, be subject to a fine of not less than Five Thousand Pesos (P5,000) but not more than Twenty Thousand pesos (P20,000). The penalty of temporary disqualification to hold public office for a period of five (5) years shall also be imposed. (b) A jobseeker who misrepresents or falsifies any document to avail of benefits provided under this Act or abuses the privilege granted herein shall be prosecuted and punished in accordance with the pertinent provisions of Republic Act No. 3815, as amended, otherwise known as the "Revised Penal Code". And shall suffer perpetual disqualification in availing the privileges under this Act.

Administrative sanctions shall be imposed without prejudice to prosecution as provided for in this Act. Prosecution for an offense set forth in this Act shall be without prejudice to any liability for violation of any other existing laws, including civil service law, rules, and regulations.

Sec. 7. Indigent Job Seekers Database. - The Public Employment Service Office

in coordination with the LSWDO shall establish and maintain a database system containing an updated roster of all indigent job seekers who availed of the benefits under this Act. The PhilJobnet platform of the Department of Labor and Employment (DOLE) shall serve as the monitoring mechanism to record, monitor, and to report the availment of the benefits granted to indigent job seekers.

Sec. 8. Non-Authority to Charge Fees. - Other government agencies that do

not charge fees in relation to the discharge of their functions cannot use this law to impose fees if no such authority is granted under their respective charter or other relevant laws.

Sec. 9. Interagency Coordinating and Monitoring Committee. - An interagency

Coordinating and Monitoring Committee, hereinafter referred to as the Committee, shall be established to coordinate and monitor the implementation of this Act. The Committee shall be composed of the Secretary of the Labor and Employment or the authorized representative, as Chairperson; Secretary of Interior and Local Government or his authorized representative, as Vice Chairperson; and the following as Members: a) The Secretary of Migrant Workers or his/her authorized representative; b) The National Statistician and Civil Registrar General of the PSA or his/her authorized representative; c) The Chief of the PNP or his/her authorized representative; d) The Director of the NBI or his/her authorized representative; e) The Secretary of DOH or his/her authorized representative; f) The Chairperson of the Commission on Civil Service (CSC) or his/her authorized representative;

g) The Chairperson of the Commission on Higher Education (CHED) or his/her authorized representative; h) The Director-General of TESDA or his/her authorized representative; i) The Presidents of the Liga ng mga Barangay, League of Municipalities of the Philippines, and League of Cities of the Philippines or their authorized representative; j) The Lead Convenor of the National Anti-Poverty Commission (NAPC) or his/her authorized representative; and k) The Chairperson of the National Commission on Indigenous Peoples (NCIP) or his authorized representative. The Committee shall have the following functions: a) To coordinate, monitor, and evaluate the implementation of this Act; b) To make recommendations for concerned agencies to ensure the effective and efficient delivery of services in providing the benefits for indigent job seekers under this Act; c) To identify and approve other pre-employment certificates and clearances; d) To review, evaluate, and amend accordingly the clearances and certificates covered under this Act; and e) To submit an annual report to Congress on the implementation of this Act.

Sec. 10. Joint Congressional Oversight Committee. - Upon the effectivity of this

Act, a Joint Congressional Oversight Committee is hereby constituted. The JCOC shall set the overall framework to review the implementation of this Act. It shall likewise recommend necessary remedial legislation, for a period not exceeding three (3) years. The JCOC shall be composed of fourteen (14) members with the chairpersons of the Committee on Poverty Alleviation of the House of Representatives, and of the Committee on Social Justice, Welfare and Rural Development of the Senate as Co- Chairpersons, and six (6) members from each House, to be designated by the Speaker of the House of Representatives, and the Senate President, respectively.

The Secretariat of the JCOC shall be drawn from the existing personnel of the 2 Committee on Poverty Alleviation of the House of Representatives, and the Committee on Social Justice, Welfare and Rural Development of the Senate.

Sec. 11. Implementing Rules and Regulations. - The DOLE, in coordination with

5 the other pertinent government agencies, shall promulgate rules and regulations necessary for the implementation of this Act within six (6) months from its effectivity.

Sec. 12. Non-Impairment Clause. - Nothing in this Act shall be construed as to

diminish, impair, or repeal rights recognized, granted, or made available to 9 disadvantaged, marginalized, or specific sectors under existing laws.

Sec. 13. Separability Clause. - Any portion or provisions of this Act that may be

declared unconstitutional or invalid and shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirety.

Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders,

memoranda, circulars, and other issuances, or parts thereof, which are inconsistent with the Act, are hereby repealed 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 of general circulation. Approved,