Assistance to Individuals in Crisis Situations (Aics) Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session SENATE S. No. 1966 PREPARED AND SUBMITTED BY THE COMMITTEES ON SOCIAL JUSTICE, WELFARE AND RURAL DEVELOPMENT, AND FINANCE WITH SENATORS MARCOS, GO, ESTRADA, TULFO (E.), AND VILLANUEVA AS AUTHORS THEREOF 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 House of Representatives of the Philippines in Congress assembled:

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

2 the "Assistance to Individuals in Crisis Situations (AICS) 3 Act".

SEC. 2. Declaration of Policy. - The State shall

5 promote a just and dynamic social order that alleviates the 6 plight of the poor through policies that provide adequate

social services, a rising standard of living, and improved 2 quality of life for all. The State shall provide assistance especially to the 4 marginalized sector, and disadvantaged individuals and 5 families.

SEC. 3. Coverage. - This Act shall cover all

7 individuals and families in a crisis situation, or who 8 require financial or material support from the National 9 Government. In augmentation of aid from the local 10 government unit (LGU), as may be recommended by 11 Department of Social Welfare and Development (DSWD) social worker. Any financially incapacitated individual, whether 14 indigent or otherwise, including persons with disabilities 15 (PWDs), senior citizens, solo parents, farmers, fisherfolk, indigenous cultural communities/indigenous peoples 17 (ICCs/IPs), Persons of Concern (POCs) such as asylum 18 seekers. stateless persons, and refugees, and other 19 vulnerable sectors who are in crisis situations or facing

1 difficult life circumstances, may be eligible to receive any 2 form of assistance provided under this Act, subject to the 3 guidelines to be issued by the DSWD.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Assistive Technology Devices refer to assistive 6 products that primarily increase, maintain, or improve the 7 functional capabilities of PWDs, enhance overall 8 well-being, and help prevent impairments and secondary 9 health conditions. These include wheelchairs, prostheses, hearing aids, visual aids, and specialized computer software and hardware, or any technological advancement that increase mobility, hearing, vision, or communication capacities; (b) Cash Relief Assistance refers to an outright cash grant to individuals and families in a crisis situation: (c) Crisis Situation refers to a stressful situation that impairs an individual's psychosocial functioning or participation in socio-economic activities, including access to education, work. and healthcare, which requires

1 intervention to prevent further exposure to vulnerabilities, 2 exploitation, or abuse such as victims of calamities or 3 disasters, crimes, armed conflict, economic hardship. 4 violence against women and children, or human 5 trafficking, or students-in-crisis, repatriated Overseas 6 Filipinos (OFs), as determined through the assessment of 7 DSWD social workers: (d) Educational Assistance refers to financial assistance given to a student-in-crisis, to help defray school expenses such as tuition fees, school supplies, project materials, allowances, and other related costs. Beneficiaries may include breadwinners, whether or not they are the head of the family, working students, 14 learners and those taking technical or vocational students, orphaned/abandoned children and/or those living with relatives, children of solo parents or parents who are unemployed, OFs, or PWDs, children of rebel returnees or 18 of persons deprived of liberty, children with Human 19 Immunodeficiency Virus (HIV) or those living with parents

1 with HIV, victims of abuse or displacement, or are 2 otherwise in crisis due to human-induced or natural 3 calamities; (e) Financial Assistance refers to monetary 5 assistance in outright cash, electronic fund transfer, 6 guarantee letter, coupon, check, or voucher that has 7 monetary value, intended for funeral, transportation, 8 medical, educational, food, cash relief, and all other types 9 of monetary assistance that may be provided under this 10 Act; (f) Food Assistance refers to financial assistance given to qualified beneficiaries due to human-induced or natural calamities and those experiencing other forms of crisis, displacement, eviction, or demolitions, or requiring interventions for sector-specific support which include hot meals, food or meal allowance, or their cash equivalent; (g) Funeral Assistance refers to financial assistance given to qualified beneficiaries for funeral and other 19 related expenses, including expenses in transporting

1 human remains, interment, cremation, and/or burial in 2 accordance with religious and customary practices, 3 especially among ICCs/IPs; (h) Guarantee Letter refers to a document duly 5 approved and issued by the DSWD, which ensures the 6 payment of the amount indicated therein, that the 7 qualified beneficiary presents to any public or government- 8 owned or -controlled hospital, other institutions, or any similar private entity willing to provide services; (i) Indigenous Cultural Communities/ Indigenous Peoples refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized communities on communally bounded and defined territory, and who have. under claims of ownership since time immemorial, occupied, possessed, and utilized such territories, sharing 17 common bonds of language, customs, traditions, and other 18 distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization or

1 non-indigenous religions and cultures, have become 2 historically differentiated from the majority of Filipinos. 3 ICCs/IPs shall likewise include peoples who are regarded 4 as indigenous on account of their descent from the 5 populations who inhabited the country at the time of 6 conquest or colonization, or at the time of inroads of non- 7 indigenous religions and cultures, or the establishment of 8 present state boundaries, who retain some or all of their own social, economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains as defined under Republic Act No. 8371 or "The Indigenous Peoples Rights Act of 1997"; (i) Interference refers to any direct or indirect act that improperly influences, obstructs, manipulates, or disrupts the lawful implementation of this Act; (k) Material Assistance refers to the provision of food 18 and non-food items to qualified beneficiaries who need 19 immediate material support. such as food packs or

1 vouchers, hygiene or sleeping kits, and assistive technology 2 devices, subject to availability; (l) Medical Assistance refers to a form of financial 4 assistance intended for hospitalization expenses, medical 5 treatments, or procedures, including birthing procedures 6 for complicated or high-risk pregnancies. The assistance 7 also covers professional fees as well as the purchase of 8 medicines and assistive technology devices, goods, or other 9 services prescribed by a physician. Other healthcare 10 expenses such as immunization, birthing, and purchase of vitamins and aftercare are not covered. Medical assistance 12 under this Act shall be supplemental or augmentative in 13 character, availed of when existing health financing. 14 assistance, or benefit mechanisms, including those under 15 Republic Act No. 11223 or the "Universal Health Care 16 Act", Philippine Health Insurance Corporation, Malasakit 17 Centers, the Philippine Charity Sweepstakes Office 18 (PCSO). or similar programs, are unavailable, insufficient. 19 delayed, or do not fully address the immediate crisis of the 20 qualified beneficiary;

(m) Psychosocial Support refers to service provided by 2 trained or professional psychosocial support workers to 3 help meet the psychological, emotional, and social needs of 4 qualified beneficiaries and their families. It is a set of 5 behavioral modification interventions intended to 6 positively improve a person's behavior to reduce the impact 7 of stress from a crisis; (n) Qualified Beneficiaries refer to individuals or 9 families in a crisis situation that adversely impacts their capacity to adequately provide for their basic needs and/or to effectively recover from socio-economic, psychosocial, or 12 other adverse circumstances based on the assessment of 13 DSWD social workers: (o) Referral Service refers to the service provided when the requested support is not within the range of services covered by this Act through coordination and/or endorsement of the qualified beneficiary's case within the DSWD available programs, projects, and services and to other agencies, such as the Department of Education

1 (DepEd), Commission on Higher Education (CHED), 2 Technical Education and Skills Development Authority (TESDA), Department of Health (DOH), Public Attorney's 4 Office (PAO), PCSO, LGUs, other agencies, civil society and international/non-government 5 organizations, 6 organizations; (p) Student-In-Crisis refers to a learner facing serious 8 circumstances that disrupt education and well-being, such 9 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 12 children, children of solo, incarcerated, or repatriated OFW parents, and working students struggling to continue their studies; (q) Transportation Assistance refers to financial assistance given to qualified beneficiaries to cover the actual cost incurred on land, sea, or air travel within the 18 Philippines, including other related expenses as facilitated 19 by the DSWD social workers; and

(r) Voucher refers to a document issued by the DSWD 2 that serves as an authorization or proof for a client to 3 receive up to a determined value of goods or services from 4 an accredited partner such as pharmacies, grocery stores, 5 funeral parlors, and transport services.

SEC. 5. Assistance to Individuals in Crisis Situations

7 Program. - The Assistance to Individual in Crisis 8 Situations (AICS) Program is hereby institutionalized as a 9 regular and permanent program of the DSWD. The AICS Program is a stop-gap measure that 11 provides financial, material, psychosocial support, and 12 other services that the DSWD may deem appropriate to 13 families and individuals who have experienced a crisis or an unexpected life event. Each qualified beneficiary shall receive financial, material, and/or psychosocial assistance, including other professional assistance available based on the assessment of the DSWD social workers.

SEC. 6. Lead Agency. - The DSWD shall lead in the

2 implementation of this Act and serve as the central 3 planning, coordinating, and monitoring body.

SEC. 7. Types of Assistance. - Based on the

5 assessment and recommendation of the social workers or 6 any other personnel authorized by the DSWD, the types of 7 assistance that qualified beneficiaries may receive under 8 this Act are: (a) Financial Assistance; (b) Material Assistance; (e) Psychosocial Support; (d) Referral Service; or (e) Such other services that the DSWD may deem appropriate.

SEC. 8. Rate of Assistance and Frequency of

16 Availment. - The DSWD shall set guidelines on the rates of assistance and the frequency of availment. The rate of assistance under this Act shall be determined by the

1 DSWD on a case-to-case basis, taking into account the 2 nature and gravity of the crisis, the beneficiary's financial 3 capacity and resources, the amount of verified obligation or 4 expense, existing guidelines, and the availability of funds: 5 Provided, That the amount granted shall be limited to 6 what is necessary to address the immediate crisis, subject 7 to the ceilings to be prescribed by the DSWD.

SEC. 9. Modes of Delivery of Services. - The DSWD

shall adopt different modes to deliver efficient, expeditious, and effective financial or material assistance, psychosocial support, and referral service to qualified beneficiaries and communities needing assistance from the government such as: (a) Service delivery within the Central or Field Offices: (b) Setting up of offsite or satellite venues; (c) Implementation through Malasakit Centers under Republic Act No. 11463 or the "Malasakit Centers 19 Act"; and

(d) Transfer and prepositioning of material 2 assistance to LGUs and National Government Agencies 3 (NGAs) when necessary for timely and efficient delivery of 4 assistance during extreme emergencies and disasters: 5 Provided, That the participation of LGUs and NGAs under 6 this paragraph shall be limited to logistical, warehousing, 7 transport, venue, crowd management, or other similar 8 non-discretionary support necessary for the timely delivery 9 of assistance, and that LGUs or other officials, employees, 10 representatives, or agents shall not determine eligibility, 11 influence beneficiary selection, control the release or 12 distribution of assistance, require endorsements, or attach names, images, branding, or political presence to any 14 activity under this Act: Provided, further, That the DSWD, 15 in coordination with the Department of Information and 16 Communications Technology (DICT), shall establish a 17 secure office system, information and communication 18 technology equipment, and all necessary capital outlay 19 expenditures needed to efficiently and effectively 20 implement this Act: Provided, finally, That the DSWD

1 shall include the establishment of an automated system for 2 processing and release of requested assistance. For this 3 purpose, the appropriations needed for the payment of the 4 necessary cash-out or other service fees charged by partner 5 financial institutions shall form part of the DSWD annual 6 budget under the General Appropriations Act.

SEC. 10. Integrated Program Delivery System. - To

8 improve service delivery to the qualified beneficiaries under this Act, there shall be an established Integrated 10 Program Delivery System. The DICT, in coordination with the DSWD and other 12 relevant government agencies, shall develop the Integrated 13 Program Delivery System that will be updated regularly in consultation with stakeholders; and ensure that such 15 programs and systems are compliant with standards 16 imposed by relevant laws, rules, and regulations relating to data privacy and security, including Republic Act No. 10173 or the "Data Privacy Act of 2012".

For equitable access and to ensure that access to the 2 AICS Program is maximized, a mechanism for real-time 3 data sharing between the DSWD and the LGUs shall be 4 institutionalized. Such data sharing shall be limited to 5 information necessary for the verification of the identity of 6 qualified beneficiaries, prevention of duplication or fraud, 7 augmentation of assistance, and referral coordination, 8 subject to appropriate access controls, data minimization, 9 audit trails, and retention and deletion rules, in accordance 10 with applicable data privacy and security laws, rules, and 11 regulations. For this purpose, concerned agencies such as the 13 Philippine Statistics Authority (PSA), Malasakit Centers, 14 and LGUs may share information from a centralized database to identify the assistance given to qualified beneficiaries for assistance augmentation, and to prevent a possible abuse of the assistance given to those in crisis situations.

SEC. 11. Program Monitoring and Evaluation. - The

2 DSWD shall monitor and evaluate the responsiveness of 3 this Act using applicable indicators, frameworks, models, 4 and tools, including a qualified beneficiaries/stakeholder's 5 feedback mechanism, and the establishment of standard 6 reporting templates and procedures under applicable laws, 7 rules, and regulations.

SEC. 12. Program Transparency and Reporting. - The

9 DSWD shall publish annually a comprehensive report on 10 the implementation of this Act for the previous fiscal year. 11 It shall likewise timely publish on its website a periodic 12 report of financial disclosures and information about the 13 beneficiaries based on geographical area and sectoral 14 category, subject to the provisions of Republic Act No. 10173.

SEC. 13. 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

1 voucher issued by the DSWD as full or partial payment of 2 the obligation of the qualified beneficiary. The DSWD shall, within ninety (90) days from the 4 date of acceptance, pay the public or private entity, the 5 amount appearing on the guarantee letter, coupon, check, 6 or voucher.

SEC. 14. Non-Diminution of Local Benefits. -

8 Assistance provided under this Act shall not be construed 9 to reduce, replace, offset, or otherwise diminish any form of 10 financial, medical, educational, funeral, or other crisis 11 interventions funded or administered by any province, city, municipality, or barangay.

SEC. 15. Grievance Mechanisms. - The DSWD shall

14 establish grievance mechanisms and ensure that all 15 qualified beneficiaries and stakeholders have access thereto, for the filing or reporting of complaints or grievances and other related abuses arising from the 18 implementation of this Act.

SEC. 16. Crisis Intervention Program Offices. - To

ensure effective and efficient delivery of services to 3 qualified beneficiaries, the following shall be established: (a) Crisis Intervention Program Bureau at the 5 DSWD Central Office; (b) Crisis Intervention Program Divisions at the 7 DSWD Field Offices; and (c) Crisis Intervention Program Units at the DSWD 9 Satellite Offices. The Crisis Intervention Program Offices shall monitor and evaluate the implementation of the AICS 12 Program and prepare the monitoring and evaluation report for submission to the Secretary of the DSWD. The monitoring and evaluation report must be available and accessible to any stakeholder at the national, regional, and local levels.

SEC. 17. Personnel Complement. - For the effective

implementation of this Act, the organizational units and staffing requirements of the offices mentioned herein shall

1 be prepared by the DSWD and submitted to the 2 Department of Budget and Management (DBM) for review 3 and approval, subject to existing civil service laws, rules, 4 and regulations.

SEC. 18. Prohibition on Political Involvement in the

6 Distribution of Cash and Other Forms of Financial 7 Assistance. - All cash assistance and other forms of 8 financial assistance under this Act shall be distributed by 9 the DSWD. Except for officials having direct administrative and executive authority over the DSWD, no public official 12 holding elective positions, electoral candidate, politician, 13 political party, or any of their representatives, shall 14 influence, be present during, participate in, or otherwise take part in the actual distribution of cash assistance and other forms of financial assistance under this Act. No political signage, branding, paraphernalia. or activity shall be displayed, conducted, or allowed within or 19 in the vicinity of distribution sites.

To ensure strict compliance, the DSWD shall 2 establish, formulate, adopt, and enforce mandatory 3 requirements, protocols, and reporting mechanisms.

SEC. 19. Prohibition on the Display and/or Affixture

5 of the Name, Image, and Likeness of Public Officials. - The 6 inclusion, display, or affixture of the name, photograph, 7 image, likeness, signature, motto, logo, initials, color motif, 8 or any symbol or graphic representation associated with 9 any public official, whether elected or appointed, on signboards, materials, or any visible component of programs, projects, or activities under this Act is hereby 12 prohibited.

SEC. 20. Unlawful Acts. - The following acts shall be

considered unlawful: (a) It shall be unlawful for elective or appointive government officials or employees, their agents, representatives, or relatives within the fourth (4th) degree of consanguinity or affinity to engage in any form of

1 interference in the implementation of this Act or delivery 2 of AICS to qualified beneficiaries; (b) It shall be unlawful for any elective or appointive 4 government official or employee, acting alone or in concert 5 with private persons, to directly or indirectly commit the 6 following acts: (1) Distribute or assist in distributing assistance to persons not qualified to receive them: (2) Give preferential treatment to relatives within the third (3rd) degree or other beneficiaries: or (3) Exclude qualified beneficiaries from receiving such programs from their respective LGUs: (c) It shall be unlawful for any individual or organization to commit the following acts: (1) 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:

(2) Coerce, invite, encourage, or assist persons to seek 2 assistance from the DSWD for purposes of acquiring a 3 portion of the assistance from the qualified beneficiary. 4 before or after the receipt of assistance; or (3) Mislead an individual or group to join, pay, or 6 cooperate with a group falsely representing connection or 7 affiliation with DSWD or falsely promising priority in the 8 processing of assistance.

SEC. 21. Penalties. -

(a) Any person found guilty under Section 20(a) of this Act shall be punished with imprisonment of six (6) months without prejudice to any other liability which the government official or employee may have incurred under existing laws, rules, or regulations; (b) Any elective or appointive government official or employee found guilty under Section 20(b) shall be 17 punished with imprisonment of not less than one (1) year nor more than six 6) years and suspension of not 19 exceeding one (1) year. Such penalty is without prejudice to

1 any other liability which the government official or 2 employee may have incurred under existing laws, rules, or 3 regulations; (c) Any private person found guilty under Section 20(b) shall be punished with imprisonment of not less than 6 one (1) year nor more than six (6) years: (d) Any individual or organization found guilty under

Section 20(c) of this Act shall be punished with:

(1) First offense: one (1) year suspension from availing any assistance from the DSWD; or (2) Second and subsequent offenses: imprisonment of 12 not less than one (1) year but not more than six (6) years; 13 and (e) Any person who violates Sections 14, 18, or 19 of this Act shall, upon conviction, be punishable with imprisonment of not less than one (1) year nor more than six (6) years. If the offender is an organization, the president, manager, or any officer who participated in or benefited

1 from the acts enumerated above, or both, shall be held 2 liable with imprisonment of not less than six (6) years but 3 not more than ten (10) years. This is without prejudice to 4 any action against the organization or corporation before 5 the appropriate government agency. In all circumstances, the government shall be 7 authorized to prosecute or to file cases on behalf of the 8 private individual defrauded and damaged by the 9 commission of the unlawful acts provided herein.

SEC. 22. AICS Joint Congressional Oversight

11 Committee. - The AICS Joint Congressional Oversight 12 Committee (AICS-JCOC) is hereby constituted to monitor 13 and ensure the effective implementation of this Act, 14 identify the deficiencies and limitations, and propose necessary amendments to address them. The AICS-JCOC shall be composed of five (5) members each from the Senate and the House of Representatives to be designated by the Senate President and the Speaker of the House of Representatives,

1 respectively. It shall be jointly chaired by the respective 2 Chairpersons of the Senate Committee on Social Justice, 3 Welfare and Rural Development and the House Committee 4 on Social Services. The Minority in the Senate and the House of 6 Representatives shall each have at least one (1) seat in the 7 AICS-JCOC, as Co-Vice Chairpersons. The AICS-JCOC Secretariat shall come from the 9 existing Secretariat personnel of the Senate Committee on Social Justice, Welfare and Rural Development and the 11 House Committee on Social Services, respectively. Within two (2) years from the effectivity of this Act, 13 the AICS-JCOC shall convene to conduct a comprehensive 14 review of its implementation and, based thereon. recommend appropriate remedial legislation or identify other necessary legislative measures. Such review shall 17 include a systematic evaluation of the impact of this Act, the accomplishments of the program, the performance of 19 the implementing agencies, and any inherent deficiency in

1 the law. Thereafter, the AICS-JCOC shall convene 2 annually to undertake an update of such review.

SEC. 23. Implementing Rules and Regulations. -

4 Within one hundred eighty (180) days from the effectivity 5 of this Act, the DSWD shall, in consultation with the 6 DICT. DOH, DBM, DepEd, CHED, TESDA, PSA, PAO, 7 PCSO, Department of the Interior and Local Government, 8 Department of Transportation, National Anti-Poverty 9 Commission, National Commission on Indigenous Peoples, 10 and Philippine Amusement and Gaming Corporation, promulgate the rules and regulations necessary in the 12 proper implementation of this Act.

SEC. 24. Appropriations. - The amount necessary for

14 the initial implementation of this Act shall be charged against the current year's appropriations of the 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. 25. Separability Clause. - If any provision of this

2 Act is declared unconstitutional, the remainder thereof not 3• otherwise affected shall remain in full force and effect.

SEC. 26. Repealing Clause. - All laws, decrees,

executive orders, rules, regulations, and other issuances or 6 parts thereof which are contrary to or inconsistent with 7 this Act are hereby repealed, amended, or modified 8 accordingly.

SEC. 27. Effectivity. - This Act shall take effect after

fifteen (15) days following its publication in the Official 11 Gazette or in a newspaper of general circulation. Approved,