EXPLANATORY NOTE
Manila City, Metro Manila
(Factual Precedent)
In the Philippine society, statistics reveal that former prisoners have a small chance of
being hired by the employers and other business owners after their release because of their
criminal past. The situation itself hinders their total reformation and reintegration into society.
The proposed bill seeks to create a seamless process and better opportunities in which
former prisoners can acquire jobs after they have served their sentence to sustain their needs as
well as their families.
This bill seeks to create an agency, named Office of Employment for Reformed Citizens
that will be established in each city, in which these former prisoners can go to in order to acquire
jobs that are suited for them. A psychologist will be present in order to establish the mental
capacity and well being of the person and if the person is now ready to be employed.
Because of the sensitivity of issue at hand, this bill will only cater to certain
establishments in order to make sure that there is a way that the office can better oversee the proper
enactment of this bill.
Establishments who will partner with the agency will be awarded with incentives such as
additional deduction from gross income tax in helping former prisoners restart their lives.
Former prisoners are almost always being put in a single class in which they are
considered as thieves and have anger management issues, which is why people are hesitant to
employ them.
However, what most people fail to realize is that there are people who are wrongfully
convicted and those who have changed while serving their sentence and these people should be
given the opportunity to continue their life as normal as possible, without having their criminal
past getting in the way.
The immediate passing of this bill is earnestly requested.
[1]
Republic of the Philippines
Republic Act No. 00001
An Act Establishing Job Opportunities for Former Prisoners
Introduced by Honorable Mario Abong, Honorable Ismail Calma, and
Honorable Mary Angelyn Elagor
WHEREAS, pursuant to Section 11, Article II of the 1987 Constitution, the State values the
dignity of every human person and guarantees full respect of human rights.
WHEREAS, the State shall guarantee that former prisoners shall not be denied of a decent and
stable source of livelihood despite of their delinquent past.
WHEREAS, there is difficulty for former prisoners to acquire jobs because of the negative label
placed upon them because of their criminal past.
WHEREAS, this act intends to help former prisoners regain their lives by creating an agency,
named Office of Employment for Reformed Citizens, under the Department of Labor and
Employment, established in every city, that will partner with various establishments in order for
them to acquire job opportunities without having their criminal record getting in the way.
WHEREAS, this act shall only be applicable to those prisoners who were convicted of final
judgement and have served their sentence and those who have been given pardon or amnesty.
WHEREAS, a psychiatrist will be present in each office to assess if the ex prisoners are mentally
and emotionally ready to have a job after their life in prison.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title - This bill shall be known as “An Act Establishing Job Opportunities for
Former Prisoners”
Section 2. Definition of terms - For the purposes of this bill, the following terms shall have the
following meanings.
 1. Former prisoners C. Server
There are people who were convicted by final judgment who have D. Bell Boy
already served their sentence or released upon pardon or amnesty. E. Security Guard
F. Cooking Staff
G. Janitor/Janitress
2. Office of Employment for Reformed Citizens
It is the central governing office, established in each city, that will
take charge on all transactions relating to the employment of the 2. Retail Industry
former prisoners. This refers to establishments, which sell groceries, drug, department
and convenient stores. They can open applications for the following,
but not limited to:
3. Department of Labor and Employment A. Branch Manager
It is the executive department of the Philippine Government mandated B. Sales Lady
to formulate policies, implement programs and services, and serve as C. Sales Man
the policy-coordinating arm of the Executive Branch in the field of D. Cashier
labor and employment. E. Security Guard
F. Janitor

4. Establishments
This will refer to the businesses, stated in Section 3 of this Act, that 3. Manufacturing
will partner with the agency and will employ former prisoners. This refers to establishments who use components, parts or raw
materials to make a finished good. They can open applications for the
following, but not limited to:
5. Incentives A. Factory workers
These are rewards given by the government to the establishments who B. Security Guard
will employ former prisoners. C. Janitor

6. Pardon 4. Transportation
It is a private act "pleaded and proved by the person pardoned." This refers to any business that transports freight and people from one
place to another. They can open applications for the following, but no
limited to:
7. Amnesty A. Bus/Truck Driver
It is a sovereign act of forgiveness for past acts, granted by a B. Bus Conductor
government to all persons (or to certain classes of persons) who have C. Delivery Boy
been guilty of crime or delict, generally political offenses D. Cashier
E. Front Desk Employees
F. Security Guard
Section 3. Types of Establishments and positions available. The following establishments are G. Janitor
encouraged to offer their doors to former prisoners in order to help them regain their lives.

Section 4. Incentives - Establishments who will partner with the agency and employ former
1. Hotels and Restaurants prisoners will enjoy the following incentives:
This refers to all hotels and restaurants in each city can open a. 15% additional deduction from the private corporation’s gross income of the
applications for the following, but not limited to: total amount paid as salaries and wages to former prisoners.
A. Restaurant Manager
B. Waiter/Waitress

[2]
 b. The government shall subsidize 25% of the salaries of the former prisoners.
Section 5. Employment Ratio of Former Prisoners. Government agencies shall reserve at least 1%
of their regular and non-regular positions for former prisoners. Private corporations, on the other
hand, who employ at least 100 employees are encouraged to reserve at least 1% of all positions for
former prisoners. Those who employ less than 100 employees are encouraged to hire former
prisoners.
Section 6. Structure of the Office of Employment for Reformed Citizens. The Office of
Employment For Reformed Citizens shall have the following officers with their corresponding job
descriptions.
1. Chairman
The Secretary of Labor and Employment shall appoint the Chairman
upon the recommendation of the Regional Director. He shall be in
charge with overseeing the activities of the Office, implement
programs and appoint all the other officers.
2. Vice-Chairman
The Chairman shall appoint the Vice-Chairman. He will assist the
Chairman on all activities of the office. He shall also be the temporary
Chairman when the Chairman is not able to fulfill his duties due to
unforeseen reasons.
3. Secretary
The Chairman shall appoint the Secretary. He is in charge of the
minutes of the meetings, updating the bulletin board and any updates
in relation to the Office.
4. Treasurer
The Chairman shall appoint the Treasurer. He shall be in charge of
keeping of the funds appropriated to the office and shall buy all the
materials necessary for the establishment of the Office and all other
things
5. Head for Establishment Recruitment
The Chairman shall appoint the Head for Establishment for
recruitment. He shall be in charge of going to the establishments in
their cities and explain to the owners and managers what the goal of
the Bill is and convince them to be part of it.
[3]
6. Psychologist
The Chairman shall appoint the Psychologist. He is a medical
practitioner who studies mental processes and human behavior by
observing, interpreting and recording how people relate to one another
and the environment. This person will make sure that the former
prisoner will have the mental capacity that is needed to enter into the
working environment.
Section 7. Qualifications of Members of the Office of Employment for Reformed Citizens. To
become an officer of the Special Committee For Reformed Citizens, the following qualifications
should be met.
The Chairman and Vice-Chairman must be degree holders of at least a Master's degree in
business or public administration or a lawyer with at least three years of experience in the field of
Criminal Law and/or Corporate Law.
The Secretary and Treasurer must be a degree holder of at least any college degree.
The Head for Establishment Recruitment should be a graduate of Bachelor of Science in
Business Administration major in Human Resource Development Management or any related
course and has at least one year of experience in the field of Human Resources.
Lastly, the Psychologist must be registered Psychologist in the Philippines. He must have
at least 3 years of experience and preferably experience in dealing with prisoners or former
prisoners.
Section 8. Rules and Regulations. The Secretary of Labor and Employment shall issue rules and
regulations necessary for the proper implementation of this bill, thirty (30) days after the
enactment of this bill.
Section 9. Appropriations. An initial amount of one hundred twenty-two million pesos
(P122,000,000) shall be appropriated on the first year of implementation.
Section 10. Separability Clause. If any part, section or provision of this Act is declared invalid or
unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.
Section 11. Effectivity Date. This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.
 Approved, Introduced by Honorables Allana Lorraine R. Ablir, Garri A. Atayde, Mary Arianne Vivienne R. Gutierrez, Bea
Cheryl C. Yu

EXPLANATORY NOTE

The proposed bill seeks to create a “one-stop-shop” for some governmental transactions by establishing a
specific station or site with the end view of maximizing bureaucratic efficiency of the local governments in dealing
with its services for all their respective constituents.

One of the major problems of the Philippine society is the inconvenience that the people experience with
regard to the settlement of their various government transactions. One of the causes is the trouble of going from one
place to another provided that traffic in our country is becoming worse every year due to the massive increase of
vehicles on the roads and the inadequate infrastructure to accommodate the increasing number of vehicles. Likewise,
some local government offices do not provide speedy services, thus, prolonging the transactions of their residents.

With the retrograding issue with regard to the settlement of various government transactions, the government
needs to provide an efficient solution by creating a “one-stop-shop” for some governmental transactions. The
government will establish a specific site per municipality consisting a number of government agencies where
members of the society can settle their transactions conveniently. This bill aims to help the residents of areas far from
the city where majority of the government agencies are located, most especially the senior citizens and Persons With
Disability (PWDs), to lessen the nuisances they may experience from the travel needed to be undertaken in order to
process their transactions with government agencies.

In view of the foregoing, immediate approval of this bill is earnestly sought.

Republic of the Philippines

Quezon City, Metro Manila

Republic Act No. 00002

AN ACT PROPOSING THE MANDATORY ESTABLISHMENT OF A CENTRALIZED SITE TO

CONGLOMERATE DESIGNATED GOVERNMENT AGENCIES AND INSTRUMENTALITIES FOR ALL
CITIES AND MUNICIPALITIES IN THE PHILIPPINES
Republic of the Philippines
Quezon City, Metro Manila
Introduced by Honorables Allana Lorraine R. Ablir, Garri A. Atayde, Mary Arianne Vivienne R. Gutierrez, Bea
Cheryl C. Yu
Republic Act No. 00002

WHEREAS, Section 1 of Article XIII of the 1987 Philippine Constitution provides that “The Congress shall give
AN ACT PROPOSING THE MANDATORY ESTABLISHMENT OF A CENTRALIZED SITE TO highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity,
CONGLOMERATE DESIGNATED GOVERNMENT AGENCIES AND INSTRUMENTALITIES FOR ALL reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and
CITIES AND MUNICIPALITIES IN THE PHILIPPINES political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.”

[4]
WHEREAS, various government agencies are currently scattered in different locations. Some of which, renting i. Eliminating duplication, redundancy, and overlapping mandates in documentary
commercial spaces that require rent. submissions and processes by supplying an convenient platform for government agencies
to coordinate and share information; and
ii. Providing a paperless application and processing system which serves as a single gateway
WHEREAS, the current traffic situation in the country is unpredictably problematic due to several road repairs and
for all prospective entrepreneurs and all other participants in any transaction with the
building as well as the increased number of vehicle on the road.
government and to access all information necessary to any application.

WHEREAS, citizens are forced to travel to different locations for different government agencies to their Section 3. Component Entities. The one stop shop shall include business registration and permit/license-
inconvenience. issuing government agencies, as well as other agencies and instrumentalities, including Government Owned
and Controlled Corporations (GOCCs) and private corporations performing public functions, of the State
essentially committed to catering social services, such as but not limited to:
WHEREAS, this act intends to create a “one-stop-shop” for certain government transactions by establishing a
a. Department of Trade and Industry (DTI);
specific station or agency with the aim of maximizing bureaucratic efficiency of the local governments to better deal
b. Securities and Exchange Commission (SEC);
with their respective constituents.
c. Bureau of Internal Revenue (BIR);
d. Social Security System (SSS);
WHEREAS, the “one-stop-shop” would preferably be near the municipal hall, have a central help desk, and be
e. Home Development Mutual Fund (Pag-IBIG);
divided into several sections for several concerns.
f. Government Service Insurance System (GSIS);
g. Philippine Health Insurance Corporation (PhilHealth);
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
h. Civil Service Commission (CSC);
i. NBI Clearance Center (NBI);
CHAPTER I
j. Land Transportation Office (LTO);
GENERAL PROVISIONS
k. Land Transportation and Franchising Regulatory Board (LTFRB);
l. Philippine Charity Sweepstakes Office (PCSO)
Section 1. Short Title - This Act shall be known as the “One-Stop-Shop for Designated Governmental
m. Manila Electric Company (MERALCO), for Metro Manila and its adjacent subdivisions; or the
Transactions” (OSSDGT)
corresponding Electric Utility Company for such as may be situated in any other geographical
location;
Section 2. Policy of the State - It is hereby declared as the policy of the State to:
n. Manila Water (MAYNILAD), for Metro Manila, the Metropolitan Water Sewerage and Storage
a. Ensure the quality, reliability, security of services by undertaking measures to guarantee the timely
(MWSS), National Water and Sewerage Authority (NAWASA) and any other Water Utility
accommodation by the State and its political subdivisions of its stakeholders;
Company as may be situated in any other geographical location;
b. Incorporate the contemporary trends in Information and Communication Technology (ICT) with
o. Registry of Deeds (RD);
the end in view of streamlining the services of the government and thereby enhance the role of the
p. Metro Manila Development Authority (MMDA) in Metro Manila; or its equivalent in other cities
local government as the frontline providers of basic goods and services to the stakeholders of the
and municipalities;
State;
q. Registry of Property (RP);
c. Ensure transparency and accountability in the transactions between the government and the general
r. Bureau of Internal Revenue (BIR);
public;
s. Philippine National Police (PNP) coordinating center covering the city or municipality where the
d. Improve the ease of doing business index; thus, encouraging more entrepreneurs and even
site is situated;
investors into venturing business opportunities in the Philippines;
t. Bureau of Fire Protection (BFP);
e. Minimize red tape in all forms in every single unit of the government;
u. Cooperative Development Authority (CDA);
f. Minimize political, social and economic inequalities by spreading out the basic services essentially
v. Professional Regulatory Commission (PRC);
rendered by the government through its political subdivisions. Consistent with this policy, the
w. Department of Labor and Employment (DOLE);
primary objective of each site shall be centered on the efficiency and speedy settlement of every
x. Department of Social Welfare and Development (DSWD);
government transaction between the local governments and their respective inhabitants;
y. National Disaster Risk Reduction and Management Council (NDRRMC) local chapter;
g. Encourage inter-agency coordination among the agencies and instrumentalities of the government
z. National Housing Authority (NHA)
and to a certain extent, recognize the indispensable role of the private sector in nation building;
h. Deliver efficient and effective service to the public by:
Because of the extraordinarily huge volume of individuals transacting with the Office of the Civil
Registry, the One Stop Shop shall not cover such agency. As such, it remains within its originally

[5]
established station or stations within the city or municipality concerned or otherwise regulated by the
National Statistics Authority (now the Philippine Statistics Authority).
Nothing in this Act shall prevent the Commission from providing for additional entities to be
included in the roster as initially provided herein insofar as exigencies of governmental operations may
warrant; Provided, that the same was made in accordance with their duly enacted internal rules and
regulations; and Provided further that such additions should not include entities specifically barred under
this Act. In no case, however, can the Commission diminish the entities as originally enumerated in this Act.
Entities operating purely for private purposes shall not be allowed to operate within the site, but
may, upon lease, operate their enterprises within the immediate vicinity of the site insofar as they do not
impair the spatial dimensions of the same.
Section 4. Definition of Terms. As used in this Act:
a. One-Stop-Shop. - The “One-Stop-Shop” shall be construed as the conglomeration of selected
government agencies and instrumentalities primarily charged with the issuance of permits for
business enterprises, procurement of licenses for the availment of defined privileges, and the
processing of certain applications geared for the enjoyment of social services, both in local and
national coverages, in one particularly designated location per city and municipality throughout the
Philippine Islands.
b. Site. - refers to the designated geographical portion of the city or municipality where the one-stop-
shop shall operate.
c. Central area. - refers to that portion of the earth located in a given city or municipality having
been regarded as the center of political, social and commercial activity.
d. Local Governments. - pertains exclusively to city and municipal governments.
e. Government Agencies and Instrumentalities. - refers to agencies and instrumentalities of the
government which, in relation to the agency of the government as defined in Executive Order No.
292 otherwise known as the “Administrative Code of 1987”, render direct and immediate services
to the residents of the localities concerned, such as, but not limited to: licensing, housing, life
insurances, corporate franchises, clearances, revenue collection and the issuance of corresponding
permits for micro, small and medium enterprises (MSMEs).
f. Government Owned and Controlled Corporations. - This shall pertain to corporations possessed
by the Republic of the Philippines under the concept of State ownership, whether chartered or not,
and as a consequence, receives subsidies and pays dividends to the National Government;
g. Private Corporations Performing Public Functions. - This shall refer to corporations held in
private and operates as utility service providers exclusively pertaining to electric and water supply.
h. Commission. - The term “Commission” as used herein shall refer to the Philippine Commission on
Governmental Efficiency (PCGE).
i. Indispensable Committee. - This refers to the committee as may be expressly provided for by this
law. For purposes of transition to operational autonomy, the only indispensable committee as of
this enactment shall be the Information and Communication Technology (ICT) Committee,
without prejudice on the part of the Committee’s local chapter concerned to provide additional
committees;
j. “Transition to operational autonomy”. - This commences from the time the President of the
Republic signed this law and until such time the President ceases from acting as the Chairperson
ad-interim of the PCGE after the official Overall Representative has been duly elected and
qualified.
k. Necessary Committee. - This refers to Committee which may not have been been expressly
mentioned under this law, but may sooner or later be incidentally demanded under the prevailing
[6]
circumstances. The Necessary Committees, for purposes of this Act, shall subsist for a non-
extendible period of 30-days or for an indefinite period of time so long as the purpose for its
existence continues to exist; Provided that, a Necessary Committee may attain the status of an
Indispensable Committee when it is evident that the existence of such Necessary Committee is
proven essential and not merely beneficial for the successful prosecution of the Committee’s
affairs and the cessation of its existence will evidently hamper the operations of the Commission.
The creation of another Indispensable Committee is realized upon gaining the two-thirds vote of
the legislative council of the Commission in a meeting called for such purpose;
l. Business. - The term “Business” as used in this Act shall refer to minimally regulated businesses.
As such, full processing of such minimally regulated businesses may, at the ordinary course of
events, take place at the one stop shop sites. Businesses undertaking nationalized level of
operations, such as mining, broadcast media, aviation, maritime, and other analogous pursuits are
still primarily subject to regulation by the State and its agencies and instrumentalities.
CHAPTER II
ONE STOP SHOP FOR DESIGNATED GOVERNMENTAL TRANSACTIONS
Section 5. One-Stop-Shop Sites; Characteristics and Attributes -
a. Sites. - The local governments shall establish a specific station or site in every municipality, with
preference to publicly-owned domains;
b. Location of Sites. - The local government, through its legislative council, as soon as possible
following the effectivity of this Act, shall convene for purposes of designating the official location
of the one-stop-shop site, subject to the approval of the Chief Executive of the City or
Municipality, as the case may be. As much as it may be practicable, the site shall be strategically
located in the central area of every city or municipality. However, in the event where the central
area is not feasible due to geographical constraints or any other physical impediment, the
legislative council of the city or municipal government shall endeavor to designate an alternative
location therefor; Provided, That the alternative location shall at least substantially resemble the
demographic and socioeconomic attributes of the central area, as per available statistical data
obtainable from recognized government sources; Provided further, That the local government,
before resorting to designate an alternative location, shall endeavor to exhaust all available lawful
remedies, such as, but not limited to, expropriation, condemnation or restoration of idle lands, in
order to effect the establishment of the site in the central area.
c. Jurisdiction of the Sites. - To guarantee the efficient and speedy settlement of the transactions, the
transactions cognizable by the component agencies shall be limited to those availed of or procured
by the residents of the city or municipal government concerned, in case of natural persons. For
juridical persons, the transactions cognizable by the site shall be limited to corporations,
partnerships or associations, whose business or franchise shall be consummated in the city and
municipality where the site is designated, whether for the constitution of its principal office or its
satellite branches. This rule applies whether the nature of the agency concerned be national or local
in character.
d. Maintenance of the Sites. - After the culmination of the fiscal year for purposes of appropriating
funds for the construction of the site as provided for in Section 16 of this Act, the local
governments are mandated to preserve and maintain the structural integrity of their respective sites
primarily through their locally-generated revenues and secondarily, through their internal revenue
allotment, unless the national government, in case of fortuitous events, endeavors to allocate
certain percentage of its funds for the restoration of the distressed site(s).

Section 6. Creation of the Philippine Commission on Governmental Efficiency. To carry out the above
policy, a body corporate known as the Philippine Commission on Governmental Efficiency, hereinafter
referred to as the Commission, is hereby created and established.
Section 7. Status of the Commission. The Commission shall have the same status as that of a national
governmental regulatory agency attached to the Office of the President with the Chairman being the same
level as that of a department undersecretary and the Commissioners as that of assistant secretaries.
Section 8. Regulation of One Stop Shops. For the effective regulation and maintenance of the sites, the
Philippine Commission on Governmental Efficiency (PCEG) shall exercise the following functions:
a. Exercise central supervisory and regulatory authority over the sites and consistent with such
function, through its Overall Chairperson, call upon any chief executive representing the city or
municipality to deliberate on the succeeding courses of action for the precise purpose of improving
the site, whether as to transactions or as to the facilities of the same;
b. Provide administrative measures for the installation, removal, reinstatement, merger or
consolidation, alteration or substitution of government agencies and instrumentalities as the
Congress may provide;
c. Promulgate the necessary regulations for the preservation, maintenance and utmost security of the
sites;
d. Mechanize the internal policy for the realization of its purpose as the national database repository
of all transactions undertaken across all sites in the Republic of the Philippines;
e. Impose corresponding policies for the realization of its endeavor to continuously improve the
quality of transactions undertaken within and/or across the sites;
f. Submit recommendations to the Congress as to budgetary appropriations and special
disbursements in case of sites in distress. A site is deemed in distress when, within the fiscal year,
the same has been destroyed or its aggregate structural quality having been deteriorated by 70% as
determined through the joint efforts of Department of Public Works and Highways and the City or
Municipal Engineering Office;
g. Enact the internal rules and regulations vis-a-vis the official hierarchy of the Commission. Such
rules and regulations shall indispensably include the qualifications and prohibitions for the
inclusion in the official hierarchy, manner and date of elections, date and venue of general
assemblies and/or conventions and such other attributes and functional specifications as they may
deem practicable;
h. Harmonize the operational relations of the one stop shop from the viewpoint of the community and
the site, as among the sites across this jurisdiction, and as between the Commission and a site, by
formulating a grievance machinery, in both national and local channels, geared at reconciling any
issue appertaining to such defined trilateral relationships;
i. Resolve any seemingly undesirable arrangements surfacing the site such as the procurement of
fixers and/or any subtle arrangement between the client, whether a natural or juridical person, and
the component entity;
j. Exercise any other function as it may deem necessary for the proper administration of the sites.
Section 9. Site Representation. The Chief Executive of the Local Government shall represent the city or
municipality where the site is so located for every conventions or assemblies organized by the Commission.
In the absence of the Chief Executive of the aforesaid local government unit, the local official next in rank
shall be the one to represent the said local government unit. Further, in the event of such absence, the
[7]
Sangguniang Panlungsod or the Sangguniang Panlalawigan, as the case may be, shall convene for the
purpose of designating any member thereof to act as such representative. In the most extreme eventuality of
absence, any responsible appointive official of the local government unit concerned may represent; Provided
that its representation in such a case shall be credited as additional compensable work insofar as the
representation is concerned.
Section 10. Official Hierarchy of the PCGE; Election of Members thereof. The Commission shall be
headed by its Overall Chairperson who shall be elected by and among the regional representatives in a
special assembly called for such purpose. To facilitate its transition towards operational autonomy, the
President of the Republic of the Philippines shall act as the Acting Overall Chairperson of the Commission
until such Chairperson has been duly elected and qualified in accordance with its internal rules and
regulations. Commissioners, who shall exercise rule-making functions, shall also be elected among the
representatives on a regional proportion basis. This means that each of the seventeen (17) geographical
regions within the Philippine territory shall have one (1) representative. The rest of the representatives shall
be deemed its regular members, until the end of their respective terms, who shall be required to attend its
regular or special assemblies.
Section 11. Functions of the Overall Chairperson. The Overall Chairperson shall discharge the following
functions:
a. To exercise supervisory authority over the sites across the Republic of the Philippines. Consistent
with such defined function, the Chairperson may also call upon any Chief Executive acting as
Representative to the Commission as to inquire upon any alleged irregularity or any other
administrative impediment within the sites;
b. To veto or assent to any regulatory measures enacted by the Commissioners of the Commission;
c. To express his assent over the proposed architecture and structural specifics of the proposed site,
subsequent to the Commission’s transition towards operational autonomy;
d. To act as the Chairperson in all assemblies of the Commission, whether regular or special;
e. To employ administrative remedies for the dispensation of unnecessary structures within the site
itself and within its immediate vicinity;
f. To appoint the persons who will comprise the Information and Communication Technology (ICT)
division of the Commission charged with facilitating the channelling, storage or safekeeping and
disposition of all records of transactions undertaken. The members of which should all be highly
knowledgeable in the dynamics of the aforesaid field;
g. To approve any arrangement for the procurement of the services of security agencies, as may be
necessary to preserve the status quo and to tighten security measures in case of unprecedented
events such as, but not limited to: extraordinary presence of crowd, registration deadlines,
fortuitous events or force majeure and other analogous circumstances;
h. To exercise any other functions as may be necessary for the effective performance of his or her
administrative functions.
Section 12. Functions of the Commissioners. The Commission’s Legislative Council shall faithfully
perform the following functions:
a. To enact measures and guidelines for the addition, merger or consolidation of an agency
composing each site; Provided that any merger made by the Commission shall only take effect as
between and among the entities listed in this Act. However, following the import of this Act, the
Commission is barred from effecting any diminution, alteration or substitution of the entities.
 b. To adopt internal measures for the effective control of the administrative affairs of the
Commission. The internal measures as used herein shall be binding only among the representatives
and shall have no binding effect as against the constituents of the city or municipality covered.
Internal measures, as used in this Act, shall likewise cover compensation of members and staff of
committees, whether necessary or indispensable;
c. To submit recommendations on budgetary appropriations to the Congress on or before the end of
every operational year regarding extraordinary expenses incurred in relation to Section 8,
paragraph (f) of this Act;
d. To submit recommendations before the Overall Chairperson regarding administrative measures
that need to be employed on all or on particular site or sites; Provided however, that such
recommendations are purely advisory in nature, but should be given due weight by the Overall
Chairperson should the prevailing situation where the recommendation was made be, on its face,
factually clear and imminent; Provided finally, that when the Overall Chairperson, despite having
received such meritorious recommendation, failed to respond or at least adopt the same, the
resulting damage or any substantially negative impact, shall be prima facie construed as gross
neglect of duty on his part and shall constitute a ground for his removal for the chairmanship. For
purposes of the Local Government Law, if the exercise of discretion was shown to have been
attended with bad faith, the same shall be a ground for his removal from office as his commitment
as the Overall Chairperson shall be understood as an extension of his authority as the Chief
Executive of the city or municipality he or she represents;
e. To prescribe basic documentary preconditions for the continual processing of transactions across
all one stop shop sites within the Philippine jurisdiction;
f. To provide budgetary recommendations for the establishment of permanent and standing
committees as may be created by the legislative council, with the approval of the Overall
Chairperson;
g. To establish new committees, whether indispensable or necessary;
h. To exercise any other functions as it may deem necessary for the effective performance of its
policy-making authority.
Section 13. Terms of Office. For both the Overall Chairperson and the Commissioners, their terms of office
in the Commission’s official hierarchy shall be coterminous with their terms of office in their respective
local government units and shall be therefore deemed terminated as their term of office for the local
government unit they represent lapses.
Section 14. Special Elections. Consistent with the provisions of the immediately preceding section, a special
elections shall immediately be conducted after the end of term of the overall chairperson or any
Commissioner. The election shall be conducted with the participation of the general membership of the
Commission.
Section 15. Philippine Commission on Governmental Efficiency Regional Chapter. Each geographical
region within the Republic of the Philippines shall endeavor to create a regional chapter of the Commission
so as to ease communication schemes and foster interlocal coordination among the sites. The regional
chapter shall be automatically headed by the regional representative of the Commission simultaneously
acting as a Commissioner of the Commission’s rule-making body. For purposes of this provision, within
fifteen (15) days following the effectivity of this Act, the local Chief Executives of each city or municipality
within each geographical region shall convene and designate among themselves, through election, its
regional representative. Thereafter, the rest of the local Chief Executives shall automatically be regarded as
[8]
its Commissioners who shall exercise such powers on the same extent as the Commissioners of the
Commission’s national chapter may so perform.
Section 16. Philippine Commission on Governmental Efficiency Local Chapter. The local chapter of the
Commission shall automatically be composed of the incumbent local Chief Executive and the local Council
of the city or municipality where the site is situated. For purposes of this Act, the local Chief Executive
Council shall automatically act as the Overall Chairperson while the Sangguniang Panlungsod or the
Sangguniang Panlalawigan of the City or Municipal Government, respectively, shall automatically assume
the post as its Commissioners. They shall be deemed terminated from their posts as soon as their successor
in office has assumed the post. The local chapter shall serve as the direct supervisory agency whose mandate
is to ensure the orderly and peaceful pace of transactions within and across the sites.
CHAPTER III
MISCELLANEOUS PROVISIONS
Section 17. Appropriations. Before the end of the fiscal year following the approval of this Act, all local
governments throughout the Republic of the Philippines shall submit before the Congress their financing
schemes for the construction of their respective sites. Such budget proposals shall be taken into
consideration for purposes of the annual General Appropriations Act. For the program’s transition towards
operational autonomy, the budget of PHP 50,000,000 shall be the minimum disbursement, subject to the
rules on apportionment as provided for in the succeeding paragraph.
For local government units classified as cities, the Congress shall apportion the construction expenditures in
a 60:40 ratio, that is, the sixty per centum (60%) of the aggregate appropriations shall come from the
National Government through the Internal Revenue Allotment (IRA) while the remaining forty per centum
(40%) thereof shall be derived from the city’s assets and equity. On the other hand, for local government
units classified as municipalities, the construction expenditures shall be apportioned in a 70:30 ratio, that is,
seventy per centum (70%) to originate from the National Government through the Internal Revenue
Allotment, while the remaining thirty per centum (30%) of the aggregate budget shall be sourced from the
municipality’s assets and total equity.
Section 18. Reportorial Requirements. The Commission shall take the necessary measures to ensure that the
provisions of this Act are properly implemented and should submit annual reports on the program
implementation and fund utilization to both the Office of the President, through the Department of Interior
and Local Government (DILG), and both Houses of Congress. All local and regional chapters are likewise
obliged to furnish an annual report on the same matter.
Section 19. Compensation. Members and staff of committees, whether indispensable or necessary, as
defined herein, shall be compensated accordingly, subject to the compensation guidelines to be formulated
by the Commission’s rule-making body.
Section 20. Mandatory Special Treatment for Specified Group of Individuals. Each component entity shall
provide measures to promote the accessibility of their respective places for the benefit of the following
individuals:
a. Persons with Disabilities (PWDs);
b. Senior Citizens; and
c. Pregnant women.

Section 21. Settlement of Deliberations in Case of Tie Vote. In case of tie vote in any of the deliberations of
the Commission’s rule-making body, the same shall be resolved by re-deliberating on the matter. Should
there recur a tie vote, the matter shall be decided upon by the Overall Chairperson.
Section 22. Separability Clause. If any of the provisions in this Act is held to be invalid or unconstitutional,
the same shall not affect the validity and effectivity of the other provisions hereof.
Section 23. Effectivity Date. This Act shall take effect after fifteen (15) days following its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
SEVENTEENTH (17TH) CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Second Regular Session
SENATE
Bill No. 00004
Introduced by:
Group IV; Hon. Ann Camille Ecleo, Hon. Jemelle Uayan, Hon. Dats Kiram, Hon. Serafin Buan
AN ACT ABOLISHING MULTI-PARTY SYSTEM AND ESTABLISHING THE TWO-POLITICAL
PARTY SYSTEM IN THE PHILIPPINES
Explanatory Note
Scholars say that among all the other form of government, Democracy is the lesser evil and that
too much of it will lead to Anarchy. In the application of such in the Philippine context, the rule of the
majority and the importance of representation reached its downfall being influenced by fortune and fame,
the Philippine politics failed to become credible in terms of the political machination in creating a leader
strongly based on political ideology and not on frail controversies and traditional politics.
Marginalized and classified on the plurality of stratification, the Philippines has weakened its
cohesiveness further by the existence of the multi-party system which has not served its purpose. Due to
[9]
favoritism and “political butterflies”, the party list system is no longer seen as essential in determining a
country official since people nowadays choose based on character “personalistic politics”. The idea of
having a party list system is that people should vote for the ideology of a party represented by the candidate
is not clearly seen in the Philippines, therefore the presence of varied parties should only be limited.
This bill proposes to abolish the Multi-Party System and establish a Two-Party System
representing the country’s two major political ideologies. This would strengthened the credibility of
electoral candidates and the unification of classes.
WHEREAS, Section 1, Article II of the 1987 Constitution declares that the Philippines is a democratic and
republican State;
WHEREAS, Section 1, Article V of the 1987 Constitution states that Suffrage may be exercised by all
citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for
at least six months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage;
WHEREAS, Section 2, Article V of the 1987 Constitution provides that the Congress shall provide a system
for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified
Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot;
WHEREAS, Section 3, Republic Act No. 7941, also known as the “Party List System Act”, defines political
party: A political party refers to an organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most immediate means of
securing their adoption, regularly nominates and supports certain of its leaders and members as candidates
for public office.
WHEREAS, pursuant to institutionalization and strengthening of the political parties as vital pillars of the
democratic system of the Philippines, this Act shall abolish the multi-party system.
WHEREAS, multi-party system allows for too many political parties to be formed, some of which do not
have any chance of ever coming into power, fragmenting the unity of nation by forming unnecessary
coalitions and creates “political butterflies” or “political turncoats”.
WHEREAS, multi-party system creates confusion among the electorate because of the plurality of the
candidate, leaving the electorate to vote based on the personality or character of the politician “personalistic
politics”
WHEREAS, years of adopting the multi-party system stagnates the policy- making of the politicians
because of unestablished ideology in their respective political parties;
WHEREAS, to avoid political butterflies or political turncoats, unnecessary coalitions, personalistic
politics; discontinuity and incoherence of the policy or goal formulation of the political parties, there is a
need to limit the political parties into two.

[10]
SEVENTEENTH (17TH) CONGRESS OF THE ) securing their adoption, regularly nominates and supports certain of its leaders and members as candidates
REPUBLIC OF THE PHILIPPINES ) for public office.
Second Regular Session ) k. Political Party System- refers to mechanism of representation in the election of public officials in
the national or local political seat thereof registered with the Commission on Elections (COMELEC).
SENATE l. Political Turncoatism- refers to change of political party affiliation during an elective public
Bill No. 00004 officer’s term of office or change of political party affiliation by any party member within one year
immediately preceding or following an election.
Introduced by: m. Representation- refers to the capacity to respond and to articulate the views of both members and
Group IV; Hon. Ann Camille Ecleo, Hon. Jemelle Uayan, Hon. Dats Kiram, Hon. Serafin Buan voters.
n. Sectoral Parties- refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 of R. A. 7941 whose principal advocacy pertains to the special interests and
AN ACT ABOLISHING MULTI-PARTY SYSTEM AND ESTABLISHING THE TWO-POLITICAL concerns of their sector.
PARTY SYSTEM IN THE PHILIPPINES o. Socialization and Mobilization- refers to the formation of a national agenda and the creation of
public discourse to raise political awareness and build the necessary values and attitudes that would
Be it enacted by the Senate and House of the Philippines in Congress assembled: constitute a larger political culture.
p. Two- Political Party System - refers to a party system where two major political parties dominate
CHAPTER I the government.
General Provisions q. Popular Vote / First-Past-the-Post Electoral System- refers to the determination of electoral
winners based on who got the highest number of voters among a potentially infinite number of candidates.

SEC. 1. Short Title. – This act shall be known as the “Two-Political Party System Act”. SEC. 4. Scope. – This act applies to all political parties nationally. It shall limit the political parties into two.
Political parties shall be elected by the popular vote of the people. Sectoral parties and party list
SEC. 2. Declaration of Principles and Policy. – It is the policy of the State to promote a more stable system representatives are excluded from this act.
of political parties in the country, by limiting to two (2) national political parties, and to ease the voting
process for the people of the country.
CHAPTER II
SEC. 3. Definition of Terms. – As used in this Act, the following terms shall mean: Concept of the Two-Political Party System

a. COMELEC- also known as the Commission on Elections, is a constitutional commission SEC. 5. General Principles. – The Two-Political Party System shall be mandatory, subject to compliance
responsible on all matters relating to elections in the Philippines. with the requirements of this Act and other laws.
b. Goal Formulation- refers to the development of programs of government with a view of attracting a. Two Political Party System shall be the two major political parties dominate voting in nearly all
popular support. elections at every level of government and, as a result, the majority of elected offices are members of one of
c. Ideology- refers to the perspective and belief of political actors which influences their decision the two major parties.
making. b. It shall promote centrism, less extremism, and is generally more stable and easier to govern
d. Independent Party- an individual politician not affiliated with any political party. c. It shall adapt to the existing conditions accommodating the best interests of the general welfare.
e. Interest Articulation and Aggregation- refers to the task of combining and harmonizing different
demands and expressing them into coherent policy formulation.
f. Multi-Party System- refers to the multiplicity of political parties’ participation in the government. CHAPTER III
g. Organization of Government- refers to the power given to a political party that gains the Political Party System Registration
necessary votes to constitute the governmental elite, filling governmental posts with elements from the party
ranks. SEC. 6. Political Party Registration. - Any organized group of persons seeking registration as a national or
h. Party Affiliation- refers to the identification or classification of political views with respect to the regional political party may file with the COMELEC a verified petition attaching thereto its constitution and
mandate of parties. by-laws, platform or program of government based on their established ideology.
i. Personalistic Politics- refers to the consideration of personality or character in political leadership.
j. Political Party- refers to an organized group of citizens advocating an ideology or platform, SEC. 7. Contents of Petition for Registration. - The petition for registration shall include the following:
principles and policies for the general conduct of government and which, as the most immediate means of 1. Full name of the political party or organization;
2. Members of the political party;
[11]
 12
3. The principal headquarters and post office address for election purposes, including its branches
and divisions, if any;
4. The date and place of its organization;
5. The date and manner of the election and selection of its officers;
6. The extent of its constituency;
7. Its program of government or organization of government;
8. That is shall uphold and adhere to the Constitution and shall obey all laws and orders promulgated
by duly constituted authorities; and
9. Other information that may be material and relevant to the petition.
SEC. 8. Political Party Limitation. - No religious sect shall be registered as a political party and no political
party which seeks to achieve its goal through violence shall be entitled to registration.
SEC.9. Political Party Screening. - The COMELEC shall strictly scrutinize the petition. It shall take into
consideration the ideology established by the political party with regards to their agenda, platforms, and
such. The Commission shall, after due notice and hearing, shall resolve the petition within ten (10) days
from the day it is submitted for decision.
Sec. 10. Publication of petition for registration. - The Commission shall require publication of the petition
for registration in at least three newspapers of general circulation and shall, after due notice and hearing,
resolve the petition within fifteen (15) days from the date it is submitted for decision.
SEC. 11. Certified List of Registered Parties. – The COMELEC shall issue certification to those who were
qualified to participate in the political party election.
CHAPTER IV
Political Party System Election
SEC. 12. Election for Political Parties. - The election for the two political parties shall be held not be later
than ninety (90) days after the approval of this Act.
SEC. 13. Manner of Election. - Every voter shall be entitled to one (1) vote through ballot system.
SEC. 14. Campaigning Period. - The Commission shall, not earlier than sixty (60) days nor later than
ninety (90) days before political party election, prepare a certified list of parties which have applied or who
have manifested their desire to participate under the political party system, thereafter approved, and
distribute copies thereof to all precincts for posting in the polling places on election day.
The COMELEC shall undertake the necessary information campaign, socialization and mobilization, for
purposes of educating the electorate on the matter of the party-list system.
[12]
SEC. 15. Two- Political Party. - Winner of the two major political parties shall be determined by the
popular votes or the first-past-the-post rule.
CHAPTER V
Substantial Provisions
SEC. 16. Penalties for Political Turncoats. - Political members of respective political parties shall not be
allowed to transfer to other political party. Any political candidate, whether vying for a national or local
political seat, under a political party other than the two (2) recognized national parties shall be:
a) Deemed to have forfeited his office, if he is an elected official who changes political party
affiliation during his term of office within the periods prohibited;
b) Disqualified from running for any elective position in the next two succeeding elections
immediately following the act of changing political party affiliation;
c) Prohibited from being appointed or from holding any position in a public or government office,
including Government Owned and Controlled Corporations, for five years after the expiration of his current
term;
d) Prohibited from assuming any executive or administrative position in his new political party;
SEC. 17. Petition for Disqualification. - Any citizen of voting age, or any candidate, political party, may
file with the Commission, upon the filing of the certificate of candidacy and before proclamation, a petition
to disqualify a candidate on the ground of political turncoatism as defined in this Act.
SEC. 18. Selection of Candidates. - The selection process for candidates of the two political parties shall be
democratized through the adoption of a process that is fair, open and transparent, and which promotes
participation of choice from the members of the party. Towards this end, the two political party is mandated
to formulate a merit system on nomination and selection of candidates who must be members of the party.
SEC. 19. Selection of Candidates’ Guidelines- the Two Political Parties shall submit to the Commission its
rules governing the merit system on nomination and selection of candidates not later than one hundred and
eighty (180) days before the election day following the effectivity of this Act.
Any aggrieved member of an Accredited Political Party may file a verified complaint to its Grievance and
Arbitration Committee not later than ten (IO) days after the party convention, for violation of the rules
governing the merit system on the nomination and selection of candidates.
SEC. 20. Political Party Convention- Political Party may hold conventions or meetings to nominate their
official candidates not earlier than fifteen (15) days before the start of election period and shall submit to the
 13

Commission not later than the start of the election period the names of the officials of the party authorized to
nominate their official candidates.
SEC. 21. Candidate Limitation-No political party shall nominate more candidates than the number of
persons required to be voted for in an elective position nor shall any candidate be allowed to accept
nominations from more than one registered political party. Nominations made in violation hereof shall be
denied due course by the Commission and the candidates concerned shall be considered independent
candidates.
The nominations of candidates of political parties shall be filed not later than the last day for filing of the
certificates of candidacy as determined by the Commission.
SEC. 22.Contents of Certificate of Nomination. - The certificate of nomination shall state that the person
issuing the nomination is the duly authorized representative of the political party as provided for in its
constitution and by-laws, that the person named therein is the official candidate of the party for the elective
position stated, and that he has accepted said nomination.
The certificate of nomination shall be subscribed under oath by the duly authorized representative of the
political party.
SEC. 23. Authorized Expenses of the Two Political Parties. – The amount that a Political Party may spend
for every election campaign shall be Eleven Pesos (P11.00) for every voter currently registered in the
constituency or constituencies where it has official candidate.
The Commission shall adjust the authorized amount based on the Consumer Price Index every three (3)
years following the effectivity of this Act.
b) Any Political Party that fails to comply with any of the documentary requirements set forth in this Act
shall be subject to administrative sanctions by the Commission, as well as payment of fines consistent with
existing laws and regulations.
SEC. 25. Implementing Rules and Regulations. The COMELEC, shall promulgate the necessary
implementing rules and regulations for this Act.
SEC. 26. Appropriations. – Such sum as may be necessary for the implementation of the provisions of this
Act shall be included in the General Appropriations Act of the year following its enactment into law and
thereafter.
SEC. 27. Suppletory Provision. – For purposes of this Act, Omnibus Election Code of the Philippines, and
other applicable laws shall have suppletory application.
SEC. 28. Saving Clause. - In the event that any of the terms or provisions of this Act are declared invalid or
unenforceable by any Court of competent jurisdiction over the subject matter of this Act, the remaining
terms and provisions that are not affected thereby shall remain in full force and effect.
SEC. 29. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional,
the remaining portions or provisions thereof shall not be affected by such declaration.
SEC. 30. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 31. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official
Gazette or in two (2) newspapers of general circulation.
Approved.

CHAPTER VI
Miscellaneous Provisions Republic of the Philippines
SENATE OF THE PHILIPPINES
SEC. 24. Penalties. - a ) Any candidate or official of any Political Party who violates any provision of this Pasay City, Manila
Act shall be punished with imprisonment of not less than six (6) years but not more than twelve (12) years,
or a fine ranging from fifty thousand pesos (P50,OOO) to five hundred thousand pesos (P500,000), or both. Nineteenth Congress
He shall, likewise, be disqualified to hold public office. Tenth Regular Session

Any Political Party that violates any provision of this Act shall pay a fine of not less than one hundred Republic Act No. 00005
thousand pesos (P100,OOO) but not more than one million pesos (PI ,000,000);
Introduced by
Hon. Nikka Carmela Agustin
Hon. Gel Camille Bulosan
[13]
 14

Hon. Anthony Jhonuel Elica d. It forces legitimate businessmen to be vigilant in pinpointing smugglers, for fear of the sudden
Hon. Maria Corazon Remetre shift in market flow caused by the State’s prospective entry.

AN ACT Therefore, the proponents pray that this bill be enacted.

AUTHORIZING THE GOVERNMENT TO CONVERT SMUGGLED GOODS TO INVENTORIES
OWNED BY THE STATE FOR SUBSEQUENT PUBLIC SALE, AND APPROPRIATING FUNDS
THEREFORE
HON. NIKKA CARMELA AGUSTIN
HON. GEL CAMILLE BULOSAN
EXPLANATORY NOTE HON. ANTHONY JHONUEL ELICA
HON. MARIA CORAZON REMETRE
Since time immemorial, it has been the consistent policy of the Government to alleviate, if not completely
eradicate, poverty across all social strata in all its aspects, in furtherance of the Government’s indispensable
role as parens patriae. However, several identifiable factors consistently emerge in this uphill struggle
against poverty, inter alia: the inability of local producers to cope with the seemingly unending needs of the
citizenry on basic commodities; and the nefarious deeds of some ill-minded businessmen in manipulating
market prices through smuggling of goods.

Time and again, the ordinary Filipino has been riddled with the chagrin of diminishing purchasing power
based on factors such as the shortcomings of the agricultural sector, inflation, a weakening peso, and the
unintentional tax burdens shifted to the public. These problems are compounded by several unforeseeable
events such as calamities brought about by typhoons which further cripple local produce - goods which
would have helped temper any price fluctuations detrimental to the public.

On the other hand, smuggled goods introduced to the market aggravate the problem. Without paying for
customs and tariff dues, nefarious businessmen negatively affect and distort the market by (1) selling at a
lower price, which kills legitimate businesses that are unable to compete; and (2) by short-changing the
Government, which in turn, cannot fund or subsidize projects for the people.

Recently, we have seen the President act on smuggled goods in either: destroying them, utilizing them, or
planning to distribute them to calamity victims. However, this follows no concrete legal framework, and is
guided only by the standard of how the President sees fit the disposal of these items. Thus, to address these
problems - poverty alleviation, supply shortages, and smuggling - this bill is hereby advanced by the
proponents. In confiscating smuggled goods, converting them into legitimate goods, and selling them in the
name of the State at a lower price to qualified persons, the following problems are addressed:

a. It enables those Filipinos who cannot afford basic goods to purchase them;
b. It serves as a buffer for supply shortages;
c. It serves as a countermeasure for the State against businessmen who engage in, or hope to engage
in smuggling, by having the State enter the market by selling confiscated goods at a lower price,
which in turn, will force them to lower prices and follow the market flow by this sudden influx of
low-priced goods; and;
[14]
 15

Republic of the Philippines (b) “Code” shall pertain to the Tariffs and Customs Code of the Philippines, Republic Act No.
SENATE OF THE PHILIPPINES 1937.
Pasay City, Manila (c) “Goods” refer to articles, wares, merchandise and any other items which are subject of
importation or exportation.
(d) “Goods Collection Office” is a sub-agency created under this Act to facilitate the orderly
Nineteenth Congress
disposition and distribution of the goods mentioned herein.
Tenth Regular Session
(e) “Consumables” are goods intended to be bought and used and/or consumed.
(f) “Office” shall pertain to the Goods Collection Office.
Republic Act No. 00005 (g) “Perishable goods” are goods such as food products that must be used or consumed within a
short period of time.
(h) “Regulated goods” shall include goods that is subject to control by the Department of Trade
Introduced by
and Industry, but shall only be limited as stated in this Act.
Hon. Nikka Carmela Agustin
(i) “Smuggled goods” includes the following, but are not limited to consumable and perishable
Hon. Gel Camille Bulosan
goods like rice, canned goods, instant food, and other agricultural products.
Hon. Anthony Jhonuel Elica
(j) “Smuggling” is the fraudulent act of importing any goods in the Philippines, or act of assisting
Hon. Maria Corazon Remetre
in receiving, concealing, buying, selling, disposing or transporting such goods, with full
knowledge that the same has been fraudulently imported or the fraudulent exportation of
AN ACT goods. Goods referred to under this definition shall be known as smuggled goods.
AUTHORIZING THE GOVERNMENT TO CONVERT SMUGGLED GOODS TO INVENTORIES (k) “Suggested Retail Price” or “SRP” is a list price at which the manufacturer recommends that
OWNED BY THE STATE FOR SUBSEQUENT PUBLIC SALE, AND APPROPRIATING FUNDS the retailer sell the product.
THEREFORE (l) “Taxes” refer to all taxes, fees and charges imposed under the National Internal Revenue
Code of 1997 (NIRC), as amended, and collected by the Bureau of Customs.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled: Section 4. Goods Subject to Disposition. – Goods in custom custody that are in the following
conditions and status shall be subject to disposition:
Section 1. Short Title. – This Act shall be known as the “Sale of Smuggled Goods Act of 2019”.
(a) Abandoned Goods which the owner has not collected.
(b) Goods entered under Bureau of Customs warehousing entry but not withdrawn, or those
Section 2. Declaration of Policy. – It is hereby declared that the State shall promote a just and
whose duties and taxes have not been paid within the period prescribed in Republic Act
dynamic social order that will ensure the prosperity and independence of the nation and free the people from
No. 10863, Section 811 where storage period for perishable goods shall be three (3)
poverty through policies that provide adequate social services, a rising standard of living, and an improved
months from the date of arrival, extendible for valid reasons, and upon written request, to
quality of life for all.
another three (3) months.
(c) Forfeited goods after liability has been established by the proper administrative or
Towards this end, the State shall exert efforts to address the conversion of smuggled goods for judicial proceedings.
public consumption of the citizens by conducting a public sale with a price of lower cost for the benefit of (d) Goods subject to a valid lien for customs duties, taxes and other charges collectible by the
the underprivileged and prevent the decaying and/or perishing of goods kept in warehouses. Bureau, after the expiration of the period allowed for payment thereof.

Section 3. Definition of Terms. – As used in this act, the following terms shall be defined as Section 5. Place of Disposition of Goods. – Upon the order of the District Collector of the Bureau
follows: of Customs, goods may be sold or disposed subject to the rules and regulations promulgated pursuant to this
Act.
(a) “Bureau” shall pertain to the Bureau of Customs.

[15]
 16
Section 6. Mode of Disposition. – The goods subject to disposition will be donated to the Goods
Collection Office, after approval of the Secretary of Finance.
For purposes of donating the goods as above described, goods suitable for shelter, clothing
materials, or medicines may be donated to the Department of Social Welfare and Development.
Section 7. Goods Collection Office. – There is hereby created a Good Collection Office, which
shall be mainly responsible for the general administration and management of the goods to be disposed of by
virtue of this act.
The Office shall be an adjunct office of the Bureau of Customs, which shall exercise control and
supervision only on matters of budget.
A Deputy Commissioner of the Bureau of Customs shall be appointed as ex-officio Director of the
Goods Collection Office. The term of the director shall be co-terminus with his appointment as Deputy
Commissioner.
Two (2) Assistant Commissioners shall be appointed by the President as Assistant Directors ex-
officio, who shall supervise the certification and approval of the sale and disposition of smuggled goods.
Their appointment shall be co-terminus with their main position in the Bureau of Customs.
Section 8. Roles of the Goods Collection Office. – The sub-office shall be tasked to:
a. Issue a certification for the release of the goods from the warehouses of the Bureau of Customs.
b. Secure a permit from specific local government units to put up a stall in their respective public
markets to facilitate the public sale of the goods taken in custody by the agency.
c. Acquire and maintain the list of families qualified under the 4P Program of the DSWD for proper
distribution and selling of the goods.
d. Establish a price list with a twenty-five percent (25%) deduction for the SRP, with the use of
relevant lists, registers, periodicals, or other published compilations generally used and relied upon
by persons engaged in trade.
e. Ascertain that the goods to be bought from the public sale by each qualified party do not exceed
₱5,000.00 per family.
f. Appoint the necessary public officials and law enforcement agents to initiate and supervise the
disposition.
g. Notify the public of upcoming sales thru posting of notice in conspicuous places.
h. Remit the proceeds of the sale to the National Treasury.
Section 9. Roles of the Sub-Offices of the Bureau of Customs. – The following sub-offices shall
have mandated tasks in providing assistance to the Goods Collection Office, to ensure proper disposition of
the collected goods:
[16]
a. The Revenue Collection Monitoring Group (RCMG) under the Bureau of Customs shall take
part in maintaining an accounting of revenues collected.
b. The Assessment and Operations Coordination Group (AOCG) under the Bureau of Customs
shall monitor the implementation of rules and regulations governing assessment, end
processing of goods for exports, warehousing and support operations, and auction and
disposal activities.
c. The Post Clearance Audit Group (PCAG) under the Bureau of Customs shall ascertain the
correctness of the goods declaration and determining the liability of the importer of duties,
taxes and other charges, including any fine or penalty.
Section 10. Certification by the Goods Collection Office. – The Goods Collection Office shall
issue a certification indicating the approval of the Secretary of Finance and the approval for the distribution
to different local government units and final disposition of the smuggled goods. This certification shall be
valid until such goods have been totally disposed.
Section 11. Disposition of Perishable Goods. – Perishable goods as defined under this Act when
certified as such by the Bureau, will be donated to the Goods Collection Office, within five (5) days, after a
three (3)-day notice to a claimant in a petition opposing its disposition.
For this purpose, perishable goods shall include goods liable to perish or be wasted, or those that
depreciate greatly in value when stored, or which cannot be kept without great disproportionate expense.
Section 12. Disposition of Regulated Goods. – Regulated goods shall be disposed in a manner to
be determined by the Bureau of Customs. Any opposition by a claimant to the goods subject of disposition
by the Office shall be treated as a petition, which shall be subject to the rules of the Bureau in the exercise of
its quasi-judicial functions.
In the event that the Bureau of Customs allows the disposition of the regulated goods with
commercial value and capable of legitimate use, these shall be disposed of in accordance with Section 6 of
this Act.
A judgment or final order by the Bureau, adjudging goods as allowable to be disposed of for sale
via the provisions of this act, shall be immediately executory and not stayed by an appeal, unless the
claimant of the goods shall file a bond equivalent to the value of the Goods plus the Customs and Tariff dues
chargeable therein.
When the petitioner forfeits the bond by virtue of a judgment or final order on appeal allowing the
disposition of the goods in question, and the petitioner’s either consequently fails to surrender the goods, or
the same has already perished, the amount of the bond equivalent to the fair market value of the goods shall
 17

be surrendered to the Office for purchase of goods to be sold to the public. The determination of what goods Welfare and Development (DSWD) for the determination of the commercial value of the goods declared to
shall be purchased and subsequently sold shall be based on the recommendation of the DTI based on what is be sold by the Office and the designation of the proper constituents entitled to avail the goods as listed under
the most desired goods based on shortage of supply in the market. the 4P Program.

The amount pertaining to the Customs and Tariff Dues in the forfeited bond shall inure to the It shall also coordinate with the Department of Finance (DOF) thru the Bureau of Treasury for
National Treasury. remittance of proceeds. It shall also coordinate with specific local government units where the goods shall
be distributed and be disposed for sale.
Section 13. Disposition of Smuggled Goods. – Smuggled goods, when forfeited, shall be disposed
as provided in Section 12 of this Act. The Goods Collection Office is hereby mandated to include in the IRR the specific rules pertaining
to the coordination of the Office with other government agencies, including their roles based on the process
of disposition.
Section 14. Sale at a Lower Price than the SRP. – The selling price of the converted smuggled
goods shall be twenty-five percent (25%) lower than the suggested retail price of such item or goods, based
on the prior determination of the Department of Trade and Industry of the same item or good’s SRP. Section 20. Fines and Penalties. - Any person who shall fraudulently buy and sell, or assist in
doing so, any smuggled goods sold by the Goods Collection Office, shall be guilty of illegal sale and
redistribution and shall be punished with:
All families registered under the Pantawid Pamilyang Pilipino Program (4P Program) of the
Department of Social Welfare and Development shall be allowed to participate in the scheduled sale of the
converted goods, subject to the limitation of one sale per family rule. a. A fine of not less than one thousand pesos (₱1,000.00) but not more than three thousand pesos
(₱3,000.00) and imprisonment of not less than five (5) days nor more than ten (10) days, if the
A family who has more than one (1) registered member in the 4P program shall only be eligible for value of the goods sold and redistributed does not exceed one thousand pesos (₱1,000);
sale of the goods once per scheduled sale, unless it is shown that the other family member lives in a different
household upon showing of proof of residence.
b. A fine of not less than three thousand pesos (₱3,000.00) but not more than five thousand pesos
For purposes of this act, a person is considered a family-member of another 4P member when such
(₱5,000.00) and imprisonment of not less than ten (10) days nor more than twenty (20) days,
person is a direct ascendant or descendant of another member up to the second degree of consanguinity.
if the value of the goods sold and redistributed does not exceed three thousand pesos (₱3,000);
and
Section 15. Time and Place of the Sale. - The Goods Collection Office shall inform the public of
a scheduled sale by posting notices in conspicuous places in the specific LGU government office building
c. A fine of not less than five thousand pesos (₱5,000.00) but not more than eight thousand pesos
and public markets for five (5) consecutive days. The disposition of smuggled goods shall be conducted
(₱8,000.00) and imprisonment of not less than twenty (20) days nor more than thirty (30)
from Monday to Friday, from eight o'clock in the morning to five o'clock in the afternoon, subject to the
days, if the value of the goods sold and redistributed does not exceed five thousand pesos
availability of goods for sale.
(₱5,000);
Section 16. Authorized Persons to Conduct the Sale. – The Goods Collection Office shall appoint
an officer to conduct such sale, which shall be supervised by one of the barangay counselors of a specific If the offender is a government official or employee, the penalty shall be the maximum as
local government unit and a police officer for orderly distribution and sale of the goods. prescribed under Republic Act No. 4712 and the offender shall suffer an additional penalty of perpetual
disqualification from public office, to vote and to participate in any public election. The provisions of
Section 17. Proceeds of Sale shall be remitted to the National Treasury. – All proceeds of sale Article 210, 211, 212 of the Revised Penal Code on Bribery shall also be applicable in this section.
shall be directly remitted by the Goods Collection Office to the Bureau of the Treasury under the
Department of Finance. The Director of the Goods Collection Office shall submit a sales and inventory
When, upon trial for a violation of this section, the defendant is shown to have had possession of
report to the Department of Finance on a quarterly basis.
the goods in question, possession shall be deemed sufficient evidence to authorize conviction, unless the
defendant shall explain the possession to the satisfaction of the court: Provided, however, That payment for
Section 18. Coordination with other Government Agencies. – The Goods Collection Office shall such sale after apprehension shall not constitute a valid defense in any prosecution under this section.
be mandated to coordinate with the Department of Trade and Industry (DTI) and the Department of Social

[17]
 18

Section 21. Appropriations. – Such amounts necessary to finance the initial implementation of
this Act shall be sourced from the unprogrammed funds in the current General Appropriations Act (GAA).
Thereafter, such amounts necessary for its continued implementation shall be included in the annual GAA.

Section 22. Implementing Rules and Regulations. – The Office, subject to the approval of the
Bureau of Customs and in consultation with other stakeholders shall, within sixty (60) days from the
effectivity of this Act, promulgate and publish the rules and regulations for the effective and faithful
implementation of this Act: Provided, That the failure of the promulgation of the said rules and regulations
shall not prevent the implementation of this Act upon its effectivity.

Section 21. Separability Clause. – If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions thereof shall not be affected thereby.

Section 22. Repealing Clause. – Any laws or regulations inconsistent with the provisions of this
Act are hereby deemed repealed.
REPUBLIC ACT NO. 00006
Section 23. Effectivity Date. – This Act shall take effect fifteen (15) days from the completion of
its publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,

An Act Limiting the Number of Children in Every Filipino Household into Two

GROUP 6

ESCORPISO, Charmaine D.V.

PAGALILAUAN, Vicson
PAGUNSAN, Darlene Lou
[18]
 19

VIRAY, Ron

08 September 2018

[19]
 20

R.A. No. 00006

INTRODUCED BY:
SEN. CHARMAINE ESCORPISO SEN. VICSON PAGALILAUAN
SEN. DARLENE LOU PAGUNSAN SEN. RON VIRAY

An Act Limiting the Number of Children in Every Filipino Household into Two

Explanatory Note

The continuous increase in the population has always been one of the root causes of various
political, economic, social and environmental problems in the Philippines. As the population uncontrollably
expand, the needs of the people and the demand they impose against the government escalates as well.
According to the Commission on Population (PopCom), the estimated total population of the Philippines is
at 106.4 million as of the second quarter of 2018 which could balloon to roughly 107 million at the end of
2018.

At present, it is in inevitable that the cost of living in the Philippines is higher than it was years
before. The notable increase in the inflation rate connotes increase in the expenses of every Filipino
household. Filipinos struggle due to the huge disparity between their income and expenses as an adverse
effect of the existing economic doldrums in the country. Although the government has been providing
measures on regulating the retail price in the market as well as laws and policies mandated to protect the
capitalists, workers and consumers, the economy is still ailing and poverty is appalling. Some of the causes
of the poor economy of the Philippines is attributed to the increasing population of the country which
implies increase in the demand on employment, governmental support, supplies and other socio-economic
needs.

Thus, the call for the population control is more apparent now and the need to sustain the living of
every Filipino shall be the primary aim of the government.

[20]
 21

Preamble

WHEREAS, the rapid increase of population in the Philippines has not been sustained by the government
with its existing laws, policies and measures in the country.

WHEREAS, the Philippines is at present under economic instability which adversely affect the cost of
living, the demand and socio-economic needs of every Filipino.

WHEREAS, to ease the rapid growth of population and its transcendental effect on poverty, this Act intends
to limit the number of children in every Filipino household into two.

WHEREAS, besides having long-lasting effects on the very social fabric of Filipino society, Philippines has
one of the worst gender imbalances in the world, and children are malnourished due to lack of support and
such without siblings struggle to support their many aging relatives, the one-child policy will also be
remembered for its economic legacy. Fewer and fewer younger workers have replaced rapidly aging ones,
and the strain on Philippines once-cheap labor pool is now showing.

WHEREAS, success and development of a country requires discipline from the society and a strict
implementation of laws from the government. Our country lacks both, but it lacks discipline more.

WHEREAS, a stricter and more stringent law, such as the Philippines Two Child Policy should be
implemented to solve our major problem of overpopulation, and in the process, sustainable development in
all aspects can finally be achieved in our forsaken country.

[21]
 22

R.A. No. 00006 (e) Agency refers to any child-caring or child-placing institution licensed and accredited by the DSWD to
implement the Foster Care Program.
INTRODUCED BY:
(f) Bigamy refers to an act of entering into a marriage with one person while still legally married to another.
SEN. CHARMAINE ESCORPISO SEN. VICSON PAGALILAUAN
SEN. DARLENE LOU PAGUNSAN SEN. RON VIRAY
(g) Child refers to a newly born baby or one who is newly born but below 2 years of age but is unable to
fully take care by his /her mother due to financial reason.

An Act Limiting the Number of Children in Every Filipino Household into Two
Section 1. Title – This Act shall be known as the “Two-Child Policy Act of 2018.”
Section 2. Declaration of State Policies and Principles – Pursuant to Section 12 of Article II of the 1987
Constitution, it is a guaranty that the State recognizes the sanctity of family life and its duty to protect and
strengthen the family as a basic autonomous social institution as well as the duty provide support to the
primary right and duty of parents in the rearing of the youth for civic efficiency and the development of
moral character. The family is the fundamental unit of the State, thus, it is afforded protection and aided for
the growth and development of its member.
Further, the State recognizes and guarantees the right to human development, right to education and
information, and the right to equal protection. The State recognizes marriage as an inviolable social
institution and the foundation of the family. Pursuant to that, the State guarantees the protection of human
relationship and the right of the children whether born out of a valid marriage or not. The State intends to
sustain the cost of living in every Filipino family and to provide increased opportunity for every member of
it.
Section 3. Definition of Terms –
(a) Abandonment is the relinquishment, giving up or renunciation of an interest, claim, civil proceedings,
appeal, privilege, possession, or right, especially with the intent of never again resuming or reasserting it.
Such intentional action may take the form of a discontinuance or a waiver.
(b) Adoptee refers to an adopted person or a person who is the subject of an adoption proceeding that is
intended to result in the adoptee becoming the legal child of another person.
(c) Adoption refers to an act of creating the legal relationship between parent and child when it does not
exist genetically.
(d) Adopter refers to the act by which an adult formally becomes the guardian of a child and incurs the rights
and responsibilities of a parent.
(h) Child Case Study Report refers to a written report prepared by a Social Worker containing all the
necessary information about a child.
(i) Cohabitation refers to a state of living together and having a sexual relationship without being married.
(j) Concealment refers to an act of refraining from disclosure especially an act by which one prevents or
hinders the discovery of something; a cover-up. It is an affirmative act intended or known to be likely to
keep another from learning of a fact of which s/he would otherwise have learned.
(k) DSWD refers to the Department of Social Welfare and Development.
(l) DSWD Field Office refers to a Regional Office of the DSWD.
(m) Family refers to the parents or mother and father of the newly born baby.
(n) Final Judgment refers to a court's last action that settles the rights of the parties and disposes of all issues
in controversy, except for the award of costs (and, sometimes, attorney's fees) and enforcement of
the judgment.
(o) Foster Care refers to the provision of planned temporary substitute parental care to a child by a Foster
Parent or any government entity capable to provide the means of the child.
(p) Marriage refers to a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family and
an inviolable social institution whose nature, consequences, and incidents are governed by law and not
subject to stipulation, except that marriage settlements may fix the property relations during the marriage
within the limits provided by this Code.
(q) Legal Adoption refers to a process whereby a person assumes the parenting of another, usually a child,
from that person's biological or legal parent or parents, and, in so doing, permanently transfers all rights and
responsibilities, along with filiation, from the biological parent or parents.

[22]
 23
(r) Local Social Welfare and Development Office (LSWDO) refers to the social welfare and development
office of an LGU.
(s) Local Government Unit (LGU) refers to the appropriate barangay, municipality, city or province.
(t) Rape refers to an unlawful intercourse by a man against a woman who is not his wife by force or threat
and against her will.
Section 4. Two-Child Policy – The Government mandates that every Filipino household shall limit the
number of children conceived in only two. This Act shall apply to all married couples and with the
consequence that for every exceeding child in a family a fine of Five Hundred Thousand Pesos
(Php500,000.00) shall be imposed against the parents.
In case the parents are incapable of paying the fine imposed, there are two remedies available for the
parents:
a. Legal Adoption – The parents may opt to have their child be adopted by married couples who
are not capable to bear a child of their own provided that they are qualified in accordance to
the provision of this Act.
b. Mandatory Government Service – The parents has the option to pay the government by
rendering service through employment in any government office, agency or institution. A
deduction to the salary of the parent/s will be made until the fine is covered.
Section 5. Exceptions – This Act and its imposed fine shall not be applicable to the following circumstances:
a. In cases of multiple births including but not limited to twins and triplets, the parents shall not be
liable for the exceeding child if in its natural order the multiple birth is supposed to be the second
child of the spouses in which case the twins or triplets shall be counted as one.
b. When a child is conceived as a result of the crime of rape against the married woman.
c. When a child is conceived during subsequent marriage provided that a final judgment of nullity of
the previous marriage was obtained.
d. Other circumstances recognized as incident not controlled by human being.
Section 6. Duty of the DSWD – It shall be the duty of the Department of Social Welfare and Development
(DSWD) to provide the appropriate or qualified foster family or parent for every child born beyond the two-
child policy. The same shall also take charge of the regulation or qualifications of the children that may be
eligible in having their foster family or parent (per IRR of RA 8552).
[23]
In order to ensure the quality of foster care for the excess children of every family, the DSWD is tasked to
set the qualifications of the foster family or parent as well as that of the adoptee. The said agency shall
create programs that can help the foster family and the adoptee to adapt to the new member of their family.
A. Qualifications of a foster family or parent
A Foster Family or Parent may not be qualified to adopt except when:
1. Both of legal age;
2. Both have a genuine interest, capacity, and commitment in parenting and is able to provide a
familial atmosphere for the child;
3. The presence of a healthy and harmonious relationship with each family member living with them;
4. Good moral character;
5. Both possess physical and mental capability;
6. They have the sufficient resources to be able to provide for the family’s needs;
7. They are willing to further hone or be trained on knowledge, attitude, and skills in caring for a
child; and
8. They have not reached the maximum number of children allowed under their foster care at the time
of the application or award.
B. Qualifications of the adoptee
The adoptee cannot be held qualified to avail of the foster care unless the child is:
1. Abandoned, surrendered, neglected, dependent or orphaned;
2. A victim of sexual, physical, or any other form of abuse or exploitation;
3. With special needs;
4. One whose family members are temporarily or permanently unable or unwilling to provide the
child with adequate care;
5. Awaiting adoptive placement and who would have to be prepared for a family life;
6. In need of long-term care and close family ties but who cannot be placed for domestic adoption;
7. One whose adoption has been disrupted;
8. Under socially difficult circumstances such as, but not limited to, a street child, a child in armed
conflict or a victim of child labor or trafficking;
9. One who committed a minor offense but is released on recognizance, or who is in custody
supervision or whose case is dismissed;
10. In need of special protection as assessed by a social worker, an agency or the DSWD; and
11. Born beyond the two-child policy.
Section 7. Duty of the PSA – It shall be the duty of the Philippine Statistics Authority to establish rules in
case of adoptions (per Sec 10, RA No 3753).
 24
In order to register the adoption in the local civil registrar of the municipality where the birth of the child
was registered, the following data shall be established:
(a) full name of the natural child acknowledged;
(b) age;
(c) date and place of birth;
(d) status as to marriage, and residence of the child acknowledged;
(e) full name of the natural father or mother who makes the acknowledgment;
(f) full name of the notary public before whom the document was acknowledged;
(g) full names of witnesses to document;
(h) date and place of acknowledgment of said document and entry and page number of the notarial
register in which the name was recorded.
The Civil Registrar General or any local civil registrar may issue certified copies of documents free of
charge for official use or at the request of a competent court. All fees collected for such purposes shall
accrue to the general fund of the municipality concerned.
PSA is primarily responsible for all the national censuses and surveys, sectoral statistics, consolidation of
selected administrative recording systems and compilation of national accounts. As one of its functions, PSA
is responsible for the collection, compilation, analysis, establishment of the abstract and publication of
statistical information relating to the country's economic, social, demographic and general activities and
condition of the people.
Thus, it shall also be the duty of PSA to have each child in a family be registered. This can help monitor the
number of population in the country as the two-child policy is in effect. The data gathered can then be used
as an evidence that the said population control policy can end the problem of overpopulation in the
Philippines.
Section 8. Prohibited Acts – As the said policy aims to impose population control, it is deemed proper to
establish the prohibited acts therefor. This is to ensure the fair and just execution of the policy and avoid, as
much as possible, any act of evading the said regulation.
The following shall be the prohibited acts under this two-child policy:
[24]
1) Concealment of the exceeding child;
2) Abandonment of the exceeding child;
3) Celebration of bigamous marriage and conception of a child by reason thereof;
4) Illegal disposal of exceeding child; and
5) Conception of a child by cohabitation.
Concealing of the exceeding child happens when the couple already has two children and thus avail of the
benefits that the policy provides, but conceiving yet another child that would violate the said policy for
having more than two children in the family. Thus, the need of the couple to conceal the said child.
Abandonment of the exceeding child means that a couple has already had two children and thus avail of the
benefits that the policy provides, but subsequent children are then born beyond the two-child policy and the
couple has no other choice but to abandon the child to evade the penalty for having more than two children
in the family.
Contracting bigamous marriage and conceiving a child is also a prohibited act as a married party may marry
another in a bigamous manner just to have more than two children.
Illegal disposal of exceeding child exists when the couple has already had two children enjoying the benefits
of the policy, and further bearing of children beyond the limited number per family may compel the couple
to seek unlawful ways to dispose of the excess children.
Cohabitation may produce children as well; this is a prohibited act because the State upholds the
Constitution which provides for the sanctity of marriage. Married couples may cohabit with other parties if
they want to have more children and thus violate the two-child policy.
For any of these violations, the couple must pay the fine of five hundred thousand pesos per excess child.
Section 9. Penalty – Any person/s who violates Section 4 or 8 of this Act shall suffer the penalty of Five
hundred thousand pesos (Php500,000) per exceeding child. If the person/s is incapable to pay, options are:
(1) Legal adoption of the child, or (2) Payment through mandatory government service, at the discretion of
the court.
Section 10. Separability Clause – If any provision of this Act is held invalid or unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.
25

[25]