Rural Employment Assistance Program Act

REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 21 A10:24 SENATE RECTIV S. No. - Introduced by Senator FRANCIS N. PANGILINAN AN ACT PROVIDING FOR A RURAL EMPLOYMENT ASSISTANCE PROGRAM AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE While the Philippines saw a substantial decline in overall poverty incidence (PSA), this progress has been uneven. Rural areas continue to lag behind due to limited access to markets, productive capital, knowledge, and technology, with majority of the poor concentrated in agriculture and fisheries. Notably, farmers and fisherfolk consistently recorded the highest poverty incidences among basic sectors in 2021. To bridge this urban-rural disparity, this bill establishes the Rural Employment Assistance Program (REAP), which will provide temporary employment to qualified individuals from poor rural households. This will allow them to earn not less than 75% of the prevailing regional minimum wage for their work. Ultimately, REAP aims to provide Filipinos in rural areas with opportunities for a just and sufficient means of livelihood, thereby addressing poverty in the rural areas. In view of the foregoing, the approval of this bill is earnestly sought. FRANCIS NAPANGILINAN Senator

REPUBLIC OF THE PHILIPPINES RENUE OF THE RESPE First Regular Session 25 JUL 21 A1O:24 SENATE RECOM S. No. 718 Introduced by Senator FRANCIS N. PANGILINAN AN ACT PROVIDING FOR A RURAL EMPLOYMENT ASSISTANCE PROGRAM 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 the "Rural Employment

2 Assistance Program Act."

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

* a just and dynamic social order that will ensure the prosperity and independence of 5 the nation and free the people from poverty through policies that provide adequate 6 social services, promote full employment, a rising standard of living, and an improved 7 quality of life for all. Towards this end, the State shall provide Filipinos with opportunities for just 9 and sufficient means of livelihood. The State shall likewise initiate meaningful employment assistance programs to qualified individuals of poor households in rural areas duly identified by the appropriate national agencies.

Sec. 3. Rural Employment Assistance Program. - There is hereby created a

13 Rural Employment Assistance Program (REAP), which shall provide temporary employment to every qualified individual member of a poor family in rural areas who volunteers to do unskilled labor for a minimum of forty-five (45) days but not more 16 than ninety (90) days in a calendar year wherein the minimum and maximum period

1 of engagement can cover a single activity or multiple activities spread out over the course of a calendar year. Qualified individuals are not subject to the terms and conditions of regular 4 employment and as such, shall not be deemed to have an employer-employee relationship with the DSWD, or any agency or institution who utilizes their services with respect to the Program.

Sec. 4. Definition of Terms. - As used in this Act;

a) "Poor" refers to individuals and families whose income fall below the poverty threshold as defined by the government and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life, or those who have been identified as poor by the National Household Targeting System for Poverty Reduction (NHTS-PR); b) "Qualified individual' refers to willing and able Filipino citizens who are at least fifteen (15) years of age. Provided, That individuals between the ages of fifteen (15) and eighteen (18) may only qualify by first obtaining consent from their parent/s and/or legal guardian. Provided further, That individuals who are between the ages of fifteen (15) and eighteen (18) may only qualify provided they can be employed in non-hazardous work environments in accordance with the Labor Code; c) "Rural area" refers to any barangay with at least fifty percent (50%) land devoted to agriculture, timberland, forest and or/pasture land as determined by the Comprehensive Land Use Plan of the concerned local government unit (LGU); and d) "Unskilled labor" refers to a segment of the workforce associated with a limited skill set or a minimal economic value for the work performed. It is generally characterized by having lower levels of educational attainment, such as high school diploma. General Equivalency Diploma (GED) or lack thereof, and which typically results in getting lower wages.

Sec. 5. Local Community Participation. - The DSWD shall take the lead in the

overall implementation of the REAP. However, the corresponding LGUs and in particular, the local communities and people's organizations (POs) representing its

1 most vulnerable sectors such as women, youth, the elderly and the like shall be given proper recognition and due consideration by the DSWD as the primary stakeholders of each project to be initiated. Towards this end, the LGUs and especially the local communities shall be 5 capacitated by the DSWD to be able to fully participate in any and all phases of the 6 project development cycle, which include, but are not limited to, situational analysis 7 and needs assessment, project identification, project implementation and management, and project monitoring and evaluation.

Sec. 6. Qualifications for Availment of Employment Assistance. - The Local

10 Social Welfare and Development Officers (LSWDOs), in close coordination with the 11 LGUs and other concerned government agencies, as well as concerned members of the identified rural communities themselves, may conduct a preliminary joint assessment of all poor individuals and families in rural areas who signify interest in undertaking work as unskilled labor to determine eligibility in availing of the employment assistance program. The assessment shall also take into consideration the inherent knowledge, 17 skills, capacities, and capabilities of potential qualified participants so as to properly 18 determine the type and nature of projects that are most suited to them and their respective communities. These preliminary joint assessments may be subject to validation and approval 21 by the DSWD. The DSWD shall facilitate basic knowledge and skills orientation and 22 capacity building trainings and seminars as deemed necessary towards project 23 development for qualified participants. The concerned LGUs shall be responsible for providing for the loaning out of any tools and equipment necessary for project development to the qualified individuals.

Sec. 7. Types of Works and Activities under the Program. - Employment

activities for this purpose shall be designed to mobilize eligible individuals, families and communities to finish a project within a given time period. These projects may include, but are not limited to the following: (a) Development, rebuilding/rehabilitation of agri-based livelihood assets damaged, destroyed or lost due to natural disasters, such as desilting of

irrigation canals, development of paddy dikes, and rehabilitation of water 4 impounding dams; b) Development or rehabilitation of common service facilities, which are being shared and used by poor families as production or consolidation centers like post-harvest facilities, and public markets; (c) Development or rehabilitation of physical assets to open up access to areas necessary to transport rural products, such as construction of farms to market roads and bridges; and (d) Protection of natural and productive assets through mitigation and disaster risk reduction measures, such as mangrove planting and rehabilitation, tree planting and similar activities. Additionally, the DSWD shall provide an updated list of projects that may be undertaken as well as the projects not covered under this law. This list shall be readily made available to potentially qualified individuals who have expressed their desire to participate in the REAP.

Sec. 8. Rate of Assistance. - Every person qualified under this Program shall be

17 entitled to receive compensation for each day of work at the rate of not less than seventy five percent (75%) of the prevailing minimum wage set by the concerned Regional Tripartite Wages and Productivity Board (RTWPB). LGUs concerned may also provide for additional allowances to the beneficiaries in order to cover for other expenses such as transportation and food.

Sec. 9. Micro-insurance Benefits. - Qualified individuals are granted the option

to access micro-insurance as a form of social security in the event of accidental death or dismemberment, medical reimbursement, and bereavement assistance at a socialized cost. Toward this end, the DSWD shall provide liaison services necessary to enable 27 qualified individuals access to these social services. LGUs concerned may also provide additional allowance to participants to cover insurance costs.

Sec. 10. Appropriations. - The Secretary of Social Welfare and Development

shall include in the DSWD's programs the implementation of this Act, the initial funding 31 of which shall be charged against the current year's appropriations of the DSWD.

1 Thereafter, the amount necessary for its continued implementation shall be included 2 in the annual General Appropriations Act. In addition, the DSWD may accept donations, contributions or grants from 4 foreign and local persons, institutions and governments, among others, for the 5 implementation of the Program.

Sec. 11. Implementing Rules and Regulations. - Within ninety (90) days after

7 the approval of this Act, the Secretary of the DSWD shall, in consultation with the Secretary of the Department of the Interior and Local Government, issue the necessary rules and regulations for the effective implementation of this Act.

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

unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

Sec. 13. Repealing Clause. - All laws, executive orders, administrative orders,

14c and rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

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

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