Anti-ayuda Abuse Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 17 P4:26 SENATE RECEIVED 5! S. No. Introduced by Senator Raffy T. Tulfo AN ACT ESTABLISHING A REPORTING MECHANISM FOR ABUSES OF GOVERNMENT SOCIAL ASSISTANCE PROGRAMS, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Ayuda abuse betrays public trust and constitutes an exploitation of state resources. With the prevalence of government social assistance or ayuda programs in the recent years, reports of abuse in the implementation and availing of these assistance programs have persisted. Said abuses include, but are not limited to: inclusion of ineligible or "ghost" beneficiaries; political patronage in beneficiary selection; double-dipping or multiple availment of similar benefits by a single individual or household; tampering or falsification of supporting documents; misappropriation or diversion of funds by implementing personnel or intermediaries; and, coercion or manipulation of beneficiaries by local power holders. These unethical acts drain the already limited government resources and rob the truly deserving Filipinos of the social aid they need. They also undermine public confidence in government institutions and weaken the integrity of the ayuda programs such as the Pantawid Pamilyang Pilipino Program (4Ps); Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD); Assistance to Individuals in Crisis Situations (AICS); Ayuda para sa mga Kapos ang Kita Program (AKAP); and Social Pension for Indigent Senior Citizens. Accordingly, the results of the April 2025 survey conducted by the Social Weather Stations (SWS) showed that 55%, or more than half, of Filipino families consider themselves as poor. To escape being poor, the Philippine Statistics Authority

(PSA) reported that a family with five members needed at least P13,873 per month to meet their minimum basic food and non-food needs in 2023. The ayuda programs intend to ease these figures. Thus, this bill seeks to establish an accessible mechanism that will allow the public to report abuses, anomalies, and irregularities in the distribution and utilization of social assistance programs. This proposed measure includes the following key features: a. creation of a centralized reporting platform; b. protection of complainants from retaliation and harassment; and c. penalties for individuals or entities found guilty of abusing social assistance systems. This bill aligns supports the government's commitment to promoting good governance and improving public service delivery. By creating an accessible mechanism in reporting ayuda abuses, the public plays an active role in monitoring social assistance programs, thereby ensuring that government's social aid reaches those who need it most. In view of the foregoing, the enactment of this bill is earnestly sought. RAFFY T. TULFO N

• 'Olat cf TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 17 P4:26 RECEN SENATE S. No. 709 Introduced by Senator Raffy T. Tulfo AN ACT ESTABLISHING A REPORTING MECHANISM FOR ABUSES OF GOVERNMENT SOCIAL ASSISTANCE PROGRAMS, PROVIDING 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 "Anti-Ayuda Abuse

2 Act."

Sec. 2. Declaration of Policy. - It is the declared policy of the State to protect

4 the integrity of government social assistance programs designed to serve the intended 5 and eligible beneficiaries. The State shall protect the integrity of such programs by ensuring the availability of channels for the public to report its abuse or suspected abuse.

Sec. 3. Definition of Terms. -

9 a. Social Assistance or Ayuda Programs refer to programs that give basic protection 10 to those who are poor, excluded, discriminated, and marginalized. b. Abuse means the intentional act of fraud, misrepresentation, falsification or misuse of government's social assistance or ayuda programs. This includes, but is not limited to: b.1. inclusion of ineligible or "ghost" beneficiaries; b.2. political patronage in beneficiary selection; b.3. double-dipping or multiple availment of similar benefits by a single individual or household;

b.4. tampering or falsification of supporting documents; b.5. misappropriation or diversion of funds by implementing personnel or intermediaries; b.6. coercion or manipulation of beneficiaries by local power holders. C. Complainant refers to any individual who reports suspected abuse, fraud, misuse of government assistance.

Sec. 4. Coverage. - Social assistance programs under this Act shall cover the

abuse or suspected abuse of any government social assistance/ayuda programs including, but not limited to the following: a. Pantawid Pamilyang Pilipino Program (4Ps); b. Tulong Panghanapbuhay sa Ating Disadvantaged/ Displaced Workers (TUPAD); c. Assistance to Individuals in Crisis Situations (AICS); d. Ayuda para sa mga Kapos ang Kita Program (AKAP); e. Social Pension for Indigent Senior Citizens; and f. Other programs under the Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE), Department of Agriculture (DA) or local government units (LGUs).

Sec. 5. Reporting Mechanism. - There shall be a centralized ayuda abuse

reporting system which shall be operated by the Office of the Ombudsman. This includes: a. a hotline; b. secure online reporting portal; and 23 c. mail-in forms. Reports may be submitted anonymously. The identity of the complainant shall be protected.

Sec. 6. Investigative and Enforcement Authority. - The Office of the

Ombudsman shall conduct a preliminary investigation within 15 working days upon receipt of a credible report of abuse. If probable abuse is found, the DSWD, DOLE, DA or other concerned implementing agencies shall: 30 a. Temporarily suspend or withhold the subject ayuda program in the area concerned pending full investigation; 32 b. File administrative or criminal charges, if applicable;

In cases involving public officials and employees, the Office of the Ombudsman has the authority to investigate and take appropriate action.

Sec. 7. Public Awareness Campaign. - Within ninety (90) days from the

4 effectivity of this Act, the Office of the Ombudsman shall initiate a public awareness 5 campaign which informs the public on how to recognize abuse, the consequences of 6 ayuda abuse and legal protections of complainants.

Sec. 8. Protection of Complainants. - No person who reports suspected abuse

or fraud shall be: a. Subject to civil liability; 10 b. Face retaliation in the form of discharge, demotion or discrimination; c. Have their identity disclosed without their consent, unless required by law. In case the complainant applies to become part of the Witness Protection, Security and Benefit Program, the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act shall apply.

Sec. 9. Implementing Rules and Regulations. - Within sixty (60) days from the

effectivity of this Act, the Office of the Ombudsman shall promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 10. Penalties. - Any person who violates any provision of this Act shall be

fined not more than One million pesos (P1,000,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public official or employee, without prejudice to any administrative or criminal liability under existing laws. In addition, any person found guilty of committing abuse of any government assistance program shall be liable for repayment of misused funds.

Sec. 11. Appropriations. - The sum necessary for the effective implementation

of this Act shall be taken from the Annual General Appropriations Act.

Sec. 12. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, the other provisions not affected thereby shall remain in full force and effect.

Sec. 13. Repealing Clause. - All laws, executive orders, issuances, rules, and

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

Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

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