Kontra Kickback Sa Ayuda Act

Senate ificp of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES MAY -4 • P3 :26 First Regular Session RECEIVED BY SENATE Senate Bill No. 2084 Introduced by Senator Erwin T. Tulfo AN ACT PENALIZING THE UNAUTHORIZED TAKING OR DIVERSION OF FUNDS FROM BENEFICIARIES OF GOVERNMENT SOCIAL SERVICE PROGRAMS, IMPOSING STIFFER PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE In the Philippines, key government social service programs- such as the Department of Labor and Employment's (DOLE) Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD), the Department of Social Welfare and Development's (DSWD) Assistance to Individuals in Crisis Situations (AICS), and other similar initiatives play a crucial role in supporting Filipino families affected by poverty, unemployment, and limited access to healthcare. When effectively implemented, these initiatives can uplift vulnerable Filipinos by ensuring that assistance reaches those who need it most. However, the unauthorized diversion or misuse of funds depletes scarce government resources, undermines public trust, and weakens the integrity of these programs.

To curb abuse, this bill imposes stiffer penalties on those who misappropriate program funds, including imprisonment, fines, disqualification from public office, and forfeiture of benefits. It defines prohibited acts, strengthens audit and accountability mechanisms, and provides whistleblower protection, consistent with existing anti- corruption laws. Ultimately, it promotes transparency, upholds good governance, and safeguards the rights and dignity of Filipino families. In view of the foregoing, the enactment of this bill is earnestly sought. ERWIN T. TULFO

Senate Office of the secretty TWENTIETH CONGRESS OF THE ) 26 MAY -4 P 3:26 REPUBLIC OF THE PHILIPPINES ) First Regular Session ) RECEIVED BY: SENATE Senate Bill No. 2084 Introduced by Senator Erwin T. Tulfo AN ACT PENALIZING THE UNAUTHORIZED TAKING OR DIVERSION OF FUNDS FROM BENEFICIARIES OF GOVERNMENT SOCIAL SERVICE PROGRAMS, IMPOSING STIFFER PENALTIES THEREFOR, AND FOR OTHER PURPOSES 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 "Kontra-

Kickback sa Ayuda Act"

SEC. 2. Declaration of Policy. - It is the policy of the State to

promote social justice and a dynamic social order that fosters national prosperity, independence, and freedom from poverty. It shall likewise safeguard the integrity of government social welfare programs and ensure that beneficiaries receive the full assistance due to them.

SEC 3. Definition of Terms. - For the purposes of this Act, the

following terms shall mean: a) Ayuda - refers to financial, material, or in-kind assistance provided by the government or authorized agencies to

individuals or families in need, particularly during emergencies, disasters, or periods of difficulty. It is designed to support the basic needs of vulnerable populations and promote social welfare through government-funded assistance programs; b) Beneficiaries -individuals who are duly listed and qualified to receive government-funded assistance programs; and c) Kickback - refers to any portion of aid or monetary assistance taken from a beneficiary, either directly or indirectly, with or without their consent, whether demanded before or after the release of aid.

SEC. 4. Prohibited Acts. - It shall be unlawful for any person to:

a) Take, demand, solicit, or receive any portion of the financial aid or assistance intended for beneficiaries; b) Conspire or collude with other to commit the same; c) Facilitate or cause the inclusion of a beneficiary in any social service program in exchange for a commission, fee, or share in the proceeds; and d) Act as an agent, collector, or intermediary who imposes or enforces unauthorized deductions from government aid.

SEC. 5. Penalties. - Any person found guilty of committing any of

the prohibited acts shall suffer the following penalties: a) For private individuals: Imprisonment of six (6) months and a fine of not less than double the amount unlawfully taken, but not less than one hundred thousand pesos (PhP 100,000.00). If the private individual is a beneficiary of the

social service program, he/she shall be disqualified from the program; b) For government officials or employees: 1. Imprisonment of one (1) to six (6) years and a fine of not less than double the amount unlawfully taken, but not less than one hundred thousand pesos (PhP 100,000.00); 11| 2. Perpetual absolute disqualification from holding office; and 3. Forfeiture of all retirement benefits. If the offender is a member of a syndicate, i.e., a group of three (3) or more persons conspiring or confederating with one another, or if the offense involves three (3) or more beneficiaries, the penalty shall be imposed in its maximum period.

SEC 6. Administrative Penalty. - Apart from criminal liability, the

acts herein punished shall carry corresponding administrative sanctions that may be imposed by the disciplining authority.

SEC 7. Monitoring and Audits. - The Department of Social Welfare

and Development (DSWD), Department of Health (DOH), Department of Labor and Employment (DOLE) and other relevant agencies shall implement rigorous monitoring systems, including regular and random audits of funds allocated for social service programs, and establish an online reporting system for complaints or reports related to fund misuse.

SEC. 8. Whistleblower Protection. - Any beneficiary or individual

who reports the commission of any act prohibited under this Act shall be entitled to protection from retaliation including anonymity and security

assistance where warranted. The same individual shall likewise be entitled to the benefits of Republic Act No. 6891 or the "Witness Protection, Security and Benefit Act."

SEC. 9. Relation to Other Laws. - This Act shall be without

prejudice to the filing of cases under the Revised Penal Code, the Anti- Graft and Corrupt Practices Act (R.A. 3019), and other applicable laws.

SEC. 10. Implementing Rules and Regulations (IRR). - Within sixty

(60) days from the effectivity of this Act, the DOJ, in coordination with the DSWD, DOH, DOLE, and other agencies with social service programs shall issue the necessary rules and regulations to fully implement the provisions of this Act: Provided, That the absence of the implementing rules and regulations shall not affect the effectivity of this Act.

SEC. 11. Separability Clause. - Should any provision herein be

declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SEC. 12. Repealing Clause. - All laws, decrees, orders, rules, and

regulations or other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days

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