Kabailikat Sa Hanapbuhay Act

E011? ote of ins TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P3:05 SENATE RECEIVED BY S. No. 3'77 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING INDIGENT JOBSEEKERS, DISCOUNTED OR WAIVED FEES AND CHARGES IN THE ISSUANCE OF CERTAIN PRE-EMPLOYMENT DOCUMENTS ISSUED BY GOVERNMENT AGENCIES EXPLANATORY NOTE Republic Act No. 11261 otherwise known as the "First Time Jobseekers Assistance Act", was signed into law on April 10, 2019 and became the legal basis of the first time jobseekers to secure for free the documents that they need from government agencies in relation to their application for employment. According to the Bureau of Local Employment (BLE) of the Department of Labor and Employment (DOLE), a total of 400,470 preemployment documents were given for free to individuals in 2022. The Department of Interior and Local Government (DILG) recorded 190,459 barangay certificates that were issued. The National Bureau of Investigation (NBI) issued 182,095 clearances and the Maritime Industry Authority (MIA) issued 26,031 certificates of proficiency. Meanwhile, 1,885 birth certificates were issued for free by the Philippine Statistics Authority (PSA). 1 ^ Over 400K first-time job seekers get free employment docs in 2022 | Philippine News Agency (pna.gov.ph)

The law has been very helpful to the first time jobseekers who cannot afford the costs of these documents and certificates as they have yet to secure a job that will provide them with decent salary. Apart from first time jobseekers, another sector that will need similar support and assistance are the members of indigent families. For them whose income falls below the poverty threshold, the costs of the said documents are unaffordable. For example, Birth Certificate and Marriage Certificate issued by the PSA both costs P330.00 per copy? NBI Clearance costs P155.00 both for new and renewal issuances.3 The "Kabalikat sa Hanapbuhay Act" seeks to provide indigent jobseekers a twenty percent (20%) discount or waived fees and charges in the issuance of pre- employment documents issued by government agencies. It serves as a means to provide equal opportunities for employment and ultimately, improve the quality of life of every Filipino family, especially those who are disadvantaged and marginalized. This proposed measure will be beneficial to the 5,599,091 poor households, or 36 in every 100 households, that were identified in "Listahanan 3". This latest Listahanan was launched in 2022 wherein 15,487,655 households nationwide were assessed by the Department of Social Welfare and Development (DSWD) National Household Targeting Office (NHTO). 4 In this light, the immediate passage of this bill is highly recommended. frigshat l JINGGOY EJERCITO ESTRADA 2 PSA Birth Certificates (and more) | Online Application | Worldwide Delivery (psaserbilis.com.ph) 3 Republika ng Pilipinas (nbi.gov.ph) 4 PIA - DSWD opens Listahanan 3 poverty database for partnership

GO PHITIE Ven Offer of tor Sui dise TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session JUL 10 P3:05 SENATE RECEIVED BY: S. No._ Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING INDIGENT JOBSEEKERS, DISCOUNTED OR WAIVED FEES AND CHARGES 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 ensure the prosperity and independence of the nation 5 and free the people from poverty through policies that provide adequate social 6 services, promote full employment, a rising standard of living, and an improved 7 quality of life for all. Further, the State shall strive for a more 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 they key to raising the quality of life for all, especially the underprivileged. To this end, the State shall provide indigent jobseekers a twenty percent (20%) discount in the payment of fees and charges or waived fees for certain certificates and clearances issued by government agencies.

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

jobseeker" refers to a person who is seeking gainful employment but has no visible

1 means of income or whose income falls below the official poverty threshold, as identified by the National Economic and Development Authority and/or cannot afford in a sustained manner to provide their minimum basic needs of food, heath, education, housing and other essential amenities of life. An indigent jobseeker 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. The Local Social Welfare Development Officer of the city or municipality where the indigent jobseeker resides is authorized to issue a Certificate of Indigency based on the latest Listahanan as proof of eligibility of jobseekers in availing the privileges provided for under this Act. Such certification shall be free of charge. First time jobseekers 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 jobseekers, whether here or abroad, shall be granted a 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 jobseeker resides; (b) Clearance from the National Bureau of Investigation; (c) National Police Clearance from the Philippine National Police; (d) Medical certificate for local employment from any government hospital licensed by the Department of Health, 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 from the Technical Education and Skills Development Authority; (h) Certificate of Civil Service Eligibility from the Civil Service Commission; (i) Unified Multi-Purpose ID from the Social Security System or Government Service Insurance System; and,

(j) Other documentary requirements issued by the government that may be required by employers from indigent jobseekers.

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 Number form the Bureau of Internal Revenue; (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 jobseeker; and, (c) Report cards, permanent school records, transcript of academic records, certificate of graduation completion, diploma, and certificate of rating from the Department of Education. The indigent jobseeker 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. - Any public officer or employee who

refuses or fails to issue a Certificate of Indigency, or to provide the benefit granted to the indigent jobseeker 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 (P5,000.00) but not more than Twenty thousand pesos (P20,000.00). The penalty of temporary disqualification to hold public office for a period of five (5) years shall also be imposed. 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 Jobseekers Database. - The concerned government

2 agencies shall establish and maintain a database system containing an updated roster of all indigent jobseekers who availed of the benefits under this Act. This roster shall be regularly submitted to the Department of Information and Communications Technology (DICT) which shall compile a database of all 6 beneficiaries of this Act to be made accessible to all relevant agencies.

Sec. 8. Non-Authority to Charge Fees. - The Act shall not be construed as an

implied authority for all government agencies to impose or collect charges and fees in relation to the discharge of their functions if no such authority is already granted 10 under their respective charters or other relevant laws.

Sec. 9. Lead Implementing Agency. - The DOLE shall be the lead

implementing agency of this Act. It shall coordinate, monitor and evaluate its implementation with other concerned government agencies and shall submit to the Congress an annual report on the same.

Sec. 10. Implementing Rules and Regulations. - Within six (6) months after

the effectivity of this Act, the DOLE shall, in consultation with the DSWD and other relevant government agencies, shall promulgate the rules and regulations necessary to implement this Act.

Sec. 11. Separability Clause. - If any provision or part hereof is held invalid

or unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.

Sec. 12. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.

Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,