Amending R.A. No. 9997 (National Commission on Muslim Filipinos Act)

*.. TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 15 A11:07 First Regular Session SENATE RECEIVED BY. S. No.. Introduced by Senator Robinhood Padilla AN ACT PROVIDING BETTER SERVICES TO MUSLIM FILIPINO PILGRIMS THROUGH THE PRIVATIZATION OF THE ANNUAL HAJJ PILGRIMAGE, AMENDING REPUBLIC ACT NO. 9997, OTHERWISE KNOWN AS THE "NATIONAL COMMISSION ON MUSLIM FILIPINOS ACT OF 2009", AND FOR OTHER PURPOSES EXPLANATORY NOTE On 18 February 2010, Republic Act No. 9997 (R.A. No. 9997), otherwise known as the National Commission on Muslim Filipinos (NCMF) Act of 2009, was enacted to preserve and develop the culture, tradition, institutions, and well-being of Muslim Filipinos, in conformity with the country's laws and in consonance with national unity and development. Under Section 8 (q) of R.A. No. 9997, the NCMF is mandated to "administer all programs, projects and activities, formulate the necessary rules and regulations, and coordinate with pertinent offices to ensure the success of the annual Hajj (pilgrimage) to Mecca, Kingdom of Saudi Arabia." Hajj, one of the five pillars of Islam, is performed at least once in the lifetime of a Muslim who is physically and economically able to sustain the journey. Attended by millions of Muslims from different walks of life all over the world every year, it is a momentous spiritual gathering intended to call forth greater humility and unity among Muslims by virtue of their bond in faith and complete submission to Allah. The necessity to ensure an efficient, organized, and safe Hajj journey for Muslim Filipinos is urgently called for. This bill proposes the opening of Hajj travel

arrangements to private entities, subject to effective monitoring by the NCMF, thereby fostering a competitive market to the advantage of our traveler pilgrims. As a result, travel service providers will continuously endeavor to improve the quality of Hajj services, offer a wide range of flexible travel packages within the average market price range, and reinforce innovative and enhanced strategies in Haji operations. This measure seeks to relieve the NCMF of the intricate operations associated with the annual Hajj by shifting the duty to accredited service providers equipped with comprehensive expertise and a workforce of trained travel professionals, ensuring an efficient and successful pilgrimage experience for all Muslim Filipino pilgrims. In view of the foregoing, the immediate passage of this bill is earnestly sought. ROBINHOOD PADILLA Senator

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 15 A11:07 SENATE RECEIVED BY S. No. _ Introduced by Senator Robinhood Padilla AN ACT PROVIDING BETTER SERVICES TO MUSLIM FILIPINO PILGRIMS THROUGH THE PRIVATIZATION OF THE ANNUAL HAJJ PILGRIMAGE, AMENDING REPUBLIC ACT NO. 9997, OTHERWISE KNOWN AS THE "NATIONAL COMMISSION ON MUSLIM FILIPINOS ACT OF 2009", AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 8 of Republic Act No. 9997 is hereby amended as follows:

"SEC. 8. Powers and Functions. - To accomplish its mandate, the Commission shall have the following powers and functions: XXX [(q) Administer all programs, projects and activities, formulate the necessary rules and regulations, and coordinate with pertinent offices to ensure the success of the annual Hajj (pilgrimage) to Mecca, Kingdom of Saudi Arabia;] XXX"

Sec. 2 Section 11 of the same Act is hereby amended to read as follows:

"SEC. 11. Bureaus. - The Bureaus of the Commission shall consist of the Bureau of Muslim Economic Affairs, Bureau of Muslim Cultural Affairs, Bureau of Muslim Settlement, Bureau of External Relations, Bureau of [Pilgrimage and] Endowment, Bureau of Peace and Conflict Resolution, and the Bureau of Legal

Affairs. Each of these Bureaus shall be headed by a Director who shall hold the same rank, salary, and privileges of a Staff Bureau Director. "The Bureau Director shall be appointed by the President from among the names or nominees submitted by the Commission to the President. XXX (e) Bureau of [Pilgrimage and] Endowment. — [this Bureau shalt be primarily responsible for the administration of the annual Muslim pilgrimage to Mecca, Kingdom of Saudi Arabia; and the formulation and implementation of programs, projects and activities for the efficient and effective administration and supervision of the conduct of pilgrimage activities: Provided, That the supervision accorded the Bureau under this section shall not include controt.] "[Pursuant to the above responsibilities, the Bureau shall formulate the necessary guidelines to ensure processing of the pilgrim's travel documents, and the equitable and reasonable collection of fees. Such collection shall be limited to mutawiff and passporting and/or processing fees only. Collected fees shall be deposited in a special trust fund which shall be established by the Commission, the expenses from which shall be subject to existing auditing laws, rules and regulations.] "The pilgrims shall be accorded free choice of travel agencies and airlines or other means of transportation to and from the site of pilgrimage: Provided, That pilgrims comply with the prescribed arrival and departure schedule fixed by the Ministry of Hajj of the Kingdom of Saudi Arabia: Provided, further, That all , pilgrims shall be legitimate holders of roundtrip tickets to and from the Kingdom of Saudi Arabia: Provided, furthermore, That the pilgrims shall be free to choose on where to purchase or acquire other logistics, materials and supplies for the pilgrimage.]

"[In no instance shall the pilgrims be forced to purchase such togistics, materials and supplies from the Commission or its authorized agents or representatives.] "[The Bureau shall also accredit qualified and deserving sheikhs. It shall also formulate, subject to the approval of the Commission, the timetable of annual Hajj activities which must be posted in all areas accessible to Muslim Filipinos.] [The] THIS Bureau shall [likewise] be responsible for the administration of awgaf properties and institutions, and the conduct of research and studies for the establishment and maintenance of Hajj towns, Islamic centers and awgaf projects. XXX THE NCMF SHALL NO LONGER PERFORM ANY POWERS AND FUNCTIONS RELATIVE TO THE ADMINISTRATION OF HAJJ EXCEPT TO REGISTER AND ACCREDIT SHEIKHS, WHO ARE PRIVATE INDIVIDUALS OR ENTITIES ENGAGED IN FACILITATING, PROCESSING, AND PROVIDING GUIDANCE FOR THE ANNUAL HAJJ FOR MUSLIM FILIPINOS IN MECCA, SAUDI ARABIA.

Sec. 3. Section 15 of the same Act is hereby amended as follows:

"Sec. 15. Hajj Attaché. - The President shall appoint a Hajj Attaché from among the three (3) recommendees JOINTLY ENDORSED BY THE NCMF, BARMM, AND DOT [of the Commission] within fifteen (15) days from the submission of such recommendees [by the Commission]. The Hajj Attaché shall coordinate with the Ministry of Hajj of the Kingdom of Saudi Arabia on [alt] matters pertaining to the conduct of the annual Hajj WHERE GOVERNMENT-TO-GOVERNMENT ACTION IS NECESSARY INCLUDING CERTIFICATION AS TO CHANGE OF PILGRIM'S NAME, BUT NOT TO INTERVENE IN THE ADMINISTRATION, CONDUCT, FACILITATION OR

PROCESSING OF HAJJ FOR MUSLIM FILIPINOS. He/She shall be an academic degree holder and must be able to write and speak [fluently] the Arabic language FLUENTLY. He/She shall hold office in the Kingdom of Saudi Arabia and shall enjoy the same rank, salary, and privileges as those of Attaché of the national government."

Sec. 4. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Sec. 5. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

Sec. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its complete publication in the Official Gazette or a newspaper of general 15 circulation. Approved,