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Friday, October 5, 2007
Bill - Hon. Joy Marie Limbo

YOUTH CONGRESS
BAGIOU CITY
THIRTEENTH CONGRESS
First Regular Session

Introduced by : HON. JOY MARIE LIMBO


The Department of Environment and Natural Resources has launched several programs which include the banning of using plastic bag in supermarkets and malls to reduce pollution caused by plastics.
Plastics are found everywhere: in food containers, car seats, telephones, computers, toys, cups, floor coverings, windows, and drain pipes – the list is endless. Plastics are such an integral part of our daily lives that it’s almost impossible to conceive how we could function without them. The chemicals and processes used to create certain plastics can be highly toxic, affecting not only our groundwater and the air we breathe, but also leaching (slowly dissolving or migrating) into packaged foods, bottled water, and even our skin upon handling them. This column focuses on the health effects of three toxicants in plastic: phthalates, dioxins, and bisphenol-A .Strategies for reducing exposures and using alternatives are also provided like using
In order to put more teeth to this policy, this bill seeks to ban of using plastic bag and use paper bag as an alternative. Once approved, any establishment violate this provision of this act shall suffer the penalty of disqualification of license to operate.
In view of the foregoing reason, the immediate approval of this bill is earnestly sought.

JOY MARIE LIMBO
Representative
Second District,Quezon,Province

YOUTH CONGRESS
BAGIOU CITY
Thirteenth Congress

Introduced by Hon. Joy Marie Limbo

An Act Banning of Plastic Bags in Malls and Supermarkets and providing paper bags as an Alternative.
Be it enacted by the Senate and the House of Representatives of the Philippines n Congress assembled:
Section 1. Short title – this act shall be known as the “plastic bag ban in malls and supermarket Act of of 2007.”
Section 2. Declaration of Policy _ It is hereby declared the policy o f the state to promote of using a paper bag as an alternative for plastic bags in supermarkets and malls This is to lower the number of wastes that cause floods, global warming, pollution in the country.
Section 3. Definition of terms- As used in this act, the following terms shall mean
Malls- means a complex of retail stores usually located in a large building
Supermarket- a large household good stores, the articles being arranged in open shelves display
Plastic- unnatural, synthetic material that doesn’t decompose
4.Paper bag- refers to the alternative of a plastic. This can contain and hold dry items.
5.Wastes- useless or damage materials produced by non-biodegradable.
Section 4. Prohibited act- malls and supermarkets shall be banned from using plastic bags and use paper bag as an alternative.
Section 5.- Penalties- Any malls or Supermarkets found violating this provision shall suffer from disqualification of license to operate of the establishment.
Approved,

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Bill - Hon. Marvin Luna

Youth CONGRESS OF THE PHILIPPINES
THIRTEENTH CONGRESS
First Regular Session
HB. No.__________

BY Representative Marvin Luna

An act prohibiting use of public/ government ambulance to other purposes aside to the nature of its purpose and regulating the commissioning of public ambulances thus providing penalties to authorities found guilty thereof..
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Definition of Terms. – As used in 1 this Act, the following
Terms shall mean:
(a) “Government ambulance” refers to a vehicle equipped with
emergency life-saving devices and equipment and properly designated as such,
used to carry or transport seriously sick or injured persons or patients in
emergency situations requiring immediate medical treatment to a medical
facility or from one medical facility to another; or for diagnostic or therapeutic
treatment where, by the nature of the patient’s sickness or injury, conveyance
by ambulance is necessary. These are acquired using government funds or
donated for government use, regardless of source.
(b) “Emergency” refers to a condition or state of patient wherein based
on the objective findings of a prudent medical officer on duty for the day, there
is immediate danger on the life of the patient where delay in initial support and
treatment may cause loss of life or permanent disability to the patient.
SEC. 2. Duties of Local Chief Executives. – (a) It shall be the duty of
any local chief executive having temporary custody of any government
ambulance, donated or otherwise, to deliver or cause 1 the delivery of the same
to the intended beneficiary without unnecessary delay.
(b) It shall also be the duty of local chief executives assigned with any
government ambulance to appoint at least one regular driver for each
ambulance and ensure that a sufficient amount for gasoline and the
maintenance of their ambulance is appropriated every year.
SEC. 3. Prohibited Acts. – The following acts are hereby prohibited:
(a) It shall be unlawful for any public official or employee to use any
government ambulance as office service vehicle, for recreation or for personal
use or for any other purpose whatsoever inconsistent with the purposes of a
government ambulance as defined in Section 1 of this Act;
(b) It shall be unlawful for any public official or employee to use any
government ambulance in the transportation of patients not in emergency
situation unless another ambulance is available to respond to any emergency;
or when no other means of transportation is available which non availability is
jointly certified under oath by the patient or any of his/her relatives or
guardians and the responsible officer in charge of the ambulance other than the
driver; or when the nature of the patient’s sickness or injury, though not life
threatening, makes necessary his/her transportation by ambulance;
(c) It shall be unlawful for any public officer or employee to allow the
use of any government ambulance by individuals or entities for private use, for
a fee or not;
(d) It shall be unlawful for any public officer or employee to refuse the
use of any government ambulance by any patient entitled to the use of the same
as provided in this Act due to the patient’s inability to pay any fee collected for
its use; or discriminate in its use on account of religious beliefs, gender,
economic status, political affiliations or whatever cause contrary to law, public
policy or good customs;
(e) It shall be unlawful for any public officer or employee to paint over
or allow the painting over of any government ambulance to circumvent the
provisions of this Act; and
(f) It shall be unlawful to use deceptive measures such as sirens,
printing the word “ambulance” on the vehicle’s body, etc., of any privately
owned or government-owned vehicle to make it appear as an ambulance.
SEC. 4. Exceptions to the Prohibited Acts. – The provisions of Section
notwithstanding, the following use of any government ambulance in non
emergency cases may be allowed:
(a) Medical outreach missions; and
(b) Other related hospital operations.
SEC. 6. Penalty Clause. – Violations of Section 2 and any of the prohibited acts enumerated in
Section 3 hereof shall be penalized by suspension from office without pay for
thirty (30) days for the first offense; six months without pay for the second
offense; and termination from service with forfeiture of retirement benefits and
perpetual disqualification from public service for the third offense.
If any violation of any of the prohibited acts be committed with the
knowledge or participation of the local chief executive and/or the responsible
health officer in case of LGUs, or the head of hospitals in case of government
hospitals, the said officials shall also be penalized with the same penalty
provided in this Act ,
SEC. 7. Implementing Rules and Regulations. – The Secretary of the
Interior and Local Government, in consultation with the secretaries of Health
and Transportation and Communications and concerned sectors shall issue
such guidelines, orders or rules and regulations as may be necessary to carry
out the provisions of this Act.
SEC. 8. Separability Clause. – If any provision of this Act or the
application of such provision to any person or circumstance is declared
unconstitutional, the remainder of this Act or the application of such provision
to other persons or circumstances shall not be affected by such declaration.
SEC. 9. Repealing Clause. – All laws, orders, decrees, proclamations,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SEC. 10. Effectivity Clause. – This Act shall take effect after fifteen
(15) days following the completion of its publication in the Official Gazette or
in a newspaper of general circulation in the Philippines.
Approved,

Youth CONGRESS OF THE PHILIPPINES
THIRTEENTH CONGRESS
First Regular Session
HB. No.__________
BY Representative Marvin Luna

Explanatory note

In the newspapers , television and other media mediums, many articles and news about the irregularity of use of some of our public ambulances, also including vehicles tagged as “ ambulance” but used as courier not of patient and victims in emergency situation, but used as delivery and conveyor of goods whether legal or illegal. Others used ambulances in other not related work earning “extra income” leading to corruption. Thus the people whom must benefit from this often ends in various more complicated situations.
This bill seeks to regulate and pursue the common goal of the public service. Especially to the nature of the purpose of this government ambulance, transporting people in near death, any delay due to irresponsibility must be questioned and perpetrator must be penalized. Other also did not comply with the call of public service. People are deprived from this service are usually the poor who cannot afford the service of private transportation of their patients during emergency situation. This all seems as ‘regular’ to the government, particularly to the health service sector.
This bill also included the definitions of some terms and expanded the scope of imagery of how really important service the ambulance can only provide and the repercussion if not used accordingly.
Marvin Luna

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Bill - Hon. Ralph Julious L. Villamor

Republic of the Philippines
THIRD YOUTH CONGRESS
Baguio City
THIRD CONGRESS

Introduced by Hon. Ralph Julious L. Villamor

EXPLANATORY NOTE


Article XV of the Constitution provides that:
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
Section 3. The State shall defend:
The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;
The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
The right of the family to a family living wage and income; and
The right of families or family associations to participate in the planning and implementation of policies and programs that affects them.
Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
Aside from other Acts or continuing efforts by the agencies of the government to strengthen the sanctity of the family, it is likewise important to stress the vital function of amusement centers and theme parks in the creation of a stronger family bonding.
Amusement centers and theme parks, in the modern phase of our generation have turned as the most attractive place for families to spend leisure time. The overwhelming numbers of the daily in and out of malls in the metro and in the provinces as well shows that it has indeed took the place of amusement centers and theme parks as the first resort of families to bond.
The turn out of events in the political and economical arena have somehow affected the drastic shift top malls from these amusement centers and theme parks. The drastic increase in the general prices due to economic and political turmoil yields to the increase in amusement fees. It can also be attributed why the families rather choose spend leisure time in malls and other places because of financial constrains, thus sacrificing the benefits of the activity.
With this Act, the skyrocketing amusement fees will be slashed in favor of the families that wish to enjoy tier leisure time in amusement centers and theme parks. It would revive the dying industry of the well loved amusement centers and theme parks.
The approval of this bill is earnestly sought.


Ralph Julious L. Villamor


Republic of the Philippines
THIRD YOUTH CONGRESS
Baguio City

Introduced by Hon. Ralph Julious L. Villamor

AN ACT MANDATING AMUSEMENT CENTERS AND THEME PARKS TO GIVE TEN PERCENT DISCOUNT ON AMUSEMENT FEES TO FAMILY GUESTS OF AT LEAST ONE PARENT AND ONE CHILD.
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as “Amusement Discount Act of 2007”
SEC. 2. Coverage. – This Act shall cover amusement centers and theme parks guests of at least on parent and one child. This grant is extended to family of 3rd degree. Eligible guests are to be determined by the management upon completion and presentation of necessary documentations. During management sale or special offers of the amusement centers and theme parks, the covered benefactors are not excluded.
SEC. 3. Purpose. – With the aid of this Act it is expected to have the following achievements:
1. strengthen the sanctity of family
2. revive the industry of amusement centers and theme parks
3. broaden options of ways for families to spend leisure time
4. increase amusement centers and theme parks revenue over time
SEC. 4. Implementing Rules and Regulations. – The Games and Amusement Board (GAB) and Bureau of Internal Revenue (BIR) shall be responsible in the formulation of rules and regulation, and the monitoring of compliance to these rules. The Games and Amusement Board (GAB) shall make the mechanism to which the amusement centers and theme parks adhere. Bureau of Internal Revenue (BIR) will look unto possible tax incentive to these centers and parks to compensate for their service. This shall be issued within ninety (90) days after the approval of this Act.
SEC. 5. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of this Act is hereby repealed, modified or amended accordingly.
SEC. 6. Separability Clause. – If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise shall remain valid and subsisting.
SEC. 7. Effectivity Clause. – this Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,

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Bill - Hon. Dhana Hyacynth B. Betarmos

REPUBLIC OF THE PHILIPPINES
YOUTH CONGRESS 2007
Baguio City

Introduced by Hon. Dhana Hyacynth B. Betarmos

Explanatory Note

This constitution affirms the principle of maintaining peace and order and protection life and its property for the general welfare of the whole Filipino citizens as well as the public officers who serve the people through implementing and initiating the laws therein.
Any act of manufacturing or sale especially using illegal drugs is greatly prohibited and banned in this country for its negative effect the user like physical, mental and emotional abuse. This bill seeks to enforce public officers as the implementers of the law to be free from illegal drugs for them to serve and function well in its duties and responsibilities, especially if it is people’s welfare.
In view thereof, this bill seeks to impose penalties to any public officers found guilty and positive using illegal drugs in their annual drug test.
Approval of this bill is earnestly requested.

Dhana Hyacynth B. Betarmos

REPUBLIC OF THE PHILIPPINES
YOUTH CONGRESS 2007
Baguio City

Introduced by Hon. Dhana Hyacynth B. Betarmos

AN ACT PENALIZING OFFICERS AND MEMBERS OF POLICE AGENCIES AND ARMED FORCES FOUND GUILTY AND POSITIVE OF USING ILLEGAL IN THEIR ANNUAL DRUG TEST
Be it enacted in the Youth Congress assembled.
SECTION 1. An annual drug test conducted to all officers and members of police agencies and armed forces.
SECTION 2. A penalty of imprisonment ranging from two (2) years and one (1) day to six (6) years and fine ranging from ten thousand (10,000Php) to fifty thousand (50,000Php) pesos shall be imposed to:
Any public officers found guilty and positive of prohibited drugs in their annual drug test
Any person who will falsify or sabotage drug test results including the testing personnel
SECTION 3. Withdraw of license and revoke of benefits to any public officers found guilty and positive of prohibited drugs in their annual drug test
SECTION 4. Separability Clause- If any provision or part hereof, is hald invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SECTION 5. Repealing Clause- Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation, contrary to or inconsistent with, the provision of this Act is hereby repealed accordingly.
SECTION 6. Effectivity Clause- This Act shall take effect upon its approval.
APPROVED,

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Bill - Hon. Emil L. Samaniego

Republic of the Philippines
YOUTH CONGRESS
Baguio City

Introduced by Hon. Emil L. Samaniego

A RESOLUTION REQUESTING THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AND ITS DIALOGUE PARTNERS PARTICULARLY CHINA
TO ADDRESS IN ITS UPCOMING 13TH ASEAN SUMMIT OR IN THE SUCCEEDING 41st MINISTERIAL MEETING AND 15th REGIONAL FORUM
THE ISSUE OF TERRITORIAL DISPUTES IN THE REGION
EXPLANATORY NOTE
“It has been noted that ASEAN has always been more successful at containing its problems rather than making attempts to solve it. They prefer to leave the problems ‘out of the cold’ than even mentioning it in the regional forums or ministerial meetings.”
-Territorial Conflicts in Southeast Asia:
Looking Towards ASEAN’s Role in Resolving
Regional Differences
The issue of territorial disputes in Southeast Asia that involves ASEAN and non-ASEAN country particularly the People’s Republic of China and its seceding province- Taiwan is almost already a half century discourse and dilemma of foreign relations in the whole region. Dated back, for instance, in 1956 when Tomas Cloma a Philippine Mariner officially declared the Spratly Islands as protectorate of the Philippines. The Spratly Islands are a group of islands, reefs, and rocks scattered in the South China Sea, 6 countries namely Brunei, China, Malaysia, the Philippines, Thailand and Vietnam, and a de facto state Taiwan are currently claiming this reach area with approximately 4.1 billion tones of oil reserves which is bigger than Kuwait’s 3.1 billions (1) with worth according to a Russian research institute about $126 billion at current price (2). Among the other territorial disputes in the region are the Sabah that is disputed by the Philippines and Malaysia, the Sipadan and Ligitan Islands of Sabah in Sulawesi Sea (Celebes Sea) disputed by Malaysia and Indonesia which has already been resolved by the International Court of Justice in favor of Malaysia but the Philippines technically claims it as part of Sabah, the Scarborough Shoals located approximately 200 kilometers west of Palauig town of Zambales province of the Philippines claimed by both the Philippines and People’s Republic of China (3), and Paracel Islands disputed by Vietnam and China (4). None of these has been resolved neither by the ASEAN nor of the greater international organ such as the United Nations.
In 1995, the ASEAN had its ASEAN 2020 Vision declared in Kuala Lumpur, Malaysia wherein one of their declarations is it (ASEAN) “envisions a Southeast Asia where territorial disputes are resolved by peaceful means within 2020”, however, despite this pronouncement, the ASEAN has not made any substantial action to solve the territorial disputes.
Rarely or never the issue of territorial disputes in the region is discussed in the official summit, ministerial meeting or regional forum of the ASEAN.
But the most recent development is October of last year when the ASEAN and China finally agreed to discuss territorial disputes specifically the proposed ‘code of conduct’ to prevent conflicts in the disputed South China Sea territories (5), however, this accord did not reach the level of the last year’s Summit, Regional Forum or Ministerial Meeting, thus, in concomitant to this development, this recommendatory resolution is made to finally put the discourse in this year’s 13th ASEAN Summit, 15th Regional Forum or 41st Ministerial Meeting in Singapore.
The ASEAN through its leaders truly has to finally discuss and resolve these territorial disputes today. Aside from the reasons that the disputes have barred the ASEAN to attaining its complete stability and strength, and the disputes are always a threat to regional peace and security of the ASEAN as demonstrated by the ongoing militarization of Spratly Islands specifically the alarming robust military presence of China in its coasts and seas- procrastinating the discussion of these conflicts will just result to a harder situation for the ASEAN countries since China in the near future is already a fully developed super power with strong political and economic pressure and influence throughout not only Southeast Asia or Asia but in the whole globe.
This resolution does not attempt to give concrete solutions to these territorial disputes but aims that the Philippines through this resolution pioneers a discussion of this matter in the ASEAN Summit, Regional Forum or Ministerial Meeting, not essentially because the Philippines will directly benefit on this propose action but the whole ASEAN community in general.
In the end, this proposed action together with the planned ASEAN creation of Human Rights Body, will serve as testimonies that the ASEAN is truly living on its ideals to be a relevant, efficient, and significant International Association.
Thus, immediate adoption of this resolution is necessary.

HON. EMIL L. SAMANIEGO
Republic of the PhilippinesYOUTH CONGRESS
Baguio City

Introduced by Hon. Emil L. Samaniego
A RESOLUTION REQUESTING THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) AND ITS DIALOGUE PARTNERS PARTICULARLY CHINA
TO ADDRESS IN ITS UPCOMING 13TH ASEAN SUMMIT OR IN THE SUCCEEDING 41st MINISTERIAL MEETING AND 15th REGIONAL FORUM
THE ISSUE OF TERRITORIAL DISPUTES IN THE REGION
WHEREAS, in pursuance of the ASEAN 2020 Vision declared in Kuala Lumpur Malaysia in 1995 wherein the ASEAN “envisions a Southeast Asia wherein territorial and other disputes are resolved by peaceful means within 2020”, thus, there is a need to revive the discussion of these territorial disputes to find new and effective ways to finally resolve these conflicts;
WHEREAS, in pursuance of the said ASEAN 2020 Vision, today is the best time for the ASEAN to finally deal with this matter since it receives the earnest cooperation of its members and of the international community than ever in the past;
WHEREAS, the ASEAN’s complete stability and strength as a successful International Association will never be realized in the presence of these long unresolved territorial disputes in the region;
WHEREAS, these territorial disputes have always been a threat to regional security and peace of the ASEAN;
WHEREAS, the 13th ASEAN Summit and the succeeding 15th Regional Forum and 41st Ministerial Meeting in Singapore are the proper and competent venues to discuss and to offer resolutions on these territorial disputes in the region;
WHEREAS, this proposed action together with the planned ASEAN creation of Human Rights Body, will serve as testimonies that the ASEAN is truly living in its ideals to be a relevant, efficient, and significant International Association;
RESOLVED BY THE HOUSE OF REPRESENTATIVES, with the Philippine Senate concurring, that the Philippines, as a primer of democracy in the region and in the continent as a whole, affirms that these territorial disputes can be discussed as well as resolved peacefully and democratically through proper ASEAN forums and interventions, and through justifiable compromise and resolution that can be made which will be equally advantageous to all the countries involved therein.
RESOLVED BY THE HOUSE OF REPRESENTATIVES, with the Philippine Senate concurring, that the Philippines through its Congress is requesting the Association of Southeast Asian Nations (ASEAN) and its dialogue partners particularly China in the upcoming 13th ASEAN Summit, 15th Regional Forum or 41st Ministerial Meeting in Singapore, to give rise to a discussion that will address the issue of these long unresolved territorial disputes over the region, thus, to propose and to implement means to resolve this matter.
RESOLVED FURTHER, through the concurrence of Her Excellency President Gloria Macapagal Arroyo as the Head of Foreign Relations of the Philippines, this resolution shall be forwarded to the ASEAN Headquarters in Jakarta Indonesia and be known by the ASEAN in its upcoming 13th ASEAN Summit, 15th Regional Forum, or 41st Ministerial Meeting in Singapore.
Adopted,

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Tuesday, October 2, 2007
Bill - Hon. Veronica B. Magtibay

Republic of the Philippines
YOUTH CONGRESS
Baguio City

INTRODUCED BY: VERONICA B. MAGTIBAY



EXPLANATORY NOTE
Workers who involved in hazardous, infectious and toxic wastes are facing high risk of exposures. Worse, they are less knowledgeable about the potential wastes that they encountered, and they have little prior in training: hence exposing them to further dangers that may deleteriously prejudice their safety and health.
Unfortunately, the government has not taken any concrete plan of action to at least minimize the risks these workers deal with. The policy of the state to protect and promote the right of to health the people, how come no program have been establish about this kind of situation.
The purpose of this Act is to appropriately take action. Basically, it seeks to protect the health and safety of these workers by providing them standards for worker protection, restricting them to entering into areas expose in potential wastes unless they are wearing specified protective clothing, and providing them technical assistance and guidance for health impact assessment. It provides periodic mandatory check-up and intervention, and adoption of concrete guidelines shall be implemented.
In view of the foregoing reason, the immediate approval of this bill is earnestly sought.

VERONICA B. MAGTIBAY

Republic of the Philippines

YOUTH CONGRESS

Baguio City


INTRODUCED BY: VERONICA B. MAGTIBAY


AN ACT
SEEKING TO PROTECT THE HEALTH AND SAFETY OF WORKERS EXPOSED IN HAZARDOUS, INFECTIOUS, OR TOXIC WASTES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled
SECTION 1. Short Title. – This Act shall also be known as the “Occupational Health and Safety Act of 2007.”
SEC 2. Declaration of Policy. – It is hereby declared the policy of the state to protect and promote the right to health the people and to ensure that no individuals will be exposed to significant risk of harm. Toward this end, the Government and Department of Health, in coordination with the Department of Labor and Employment, and other appropriate and concerned agencies shall:
(a) ensure that the health and safety of workers are protected during their work;
(b) prevent from suffering on the effects of hazardous, infectious, toxic wastes;
(c) provide information that will prevent and control related disease;
(d) provide technical assistance and guidance for health impact assessment; and
(e) provide training that are knowledgeable and capable of handling the materials in a safe and diligent manner.
SEC 3. Statement of Objection. – Occupational Health and Safety Act of 2007 shall be implemented in accordance with the following objectives:
(a) to provide standard for worker protection;
(b) to restrict the workers to entering into areas expose in hazardous, infectious and toxic wastes, unless they are wearing specified protective clothing;
(c) to notify or post a sign to warn workers about the risk that they face during their work.
SEC 4. Definition of Term – The following terms used in this Act are defined as follows:
(A) “Worker” is defined as workers who exposed to hazardous, infectious and toxic wastes under operating conditions. Workers such as:
(a) agricultural workers;
(b) industrial workers;
(c) commercial workers;
(d) pesticide handlers;
(e) garbage collectors;
(f) dumpsite workers; and
(g) workers in disaster areas.
(B) “Exposure or Exposed” means that a worker is subjected to a hazardous, infectious and toxic wastes in course of work through any route of entry such as:
(a) inhalation;
(b) ingestion; and
(c) skin contact or absorption.
(C) “Risk” is assessed by the combined effect of the hazardous, infectious and toxic wastes. The characteristics of the risk that will effect to human health such as:
(a) Acute effect show up after a single, brief exposure to a potential wastes that cause skin irritation, headache and nausea.
(b) Chronic effects repeated or belonged exposures to potential wastes that cause liver and kidney disease, nerve and brain disorders and reproductive damage.
(c) Local effects when the potential wastes cause damage at the point of original contact such as skin exposure, eye exposure and respiratory tract exposure.
(d) Systematic effect substances that can pass through the point of original contact and effect of the body such as liver and kidney, central nervous system, and carcinogen and reproductive effects.
(D) “Potential Waste” is substances that are likely to enter the body aids in assessing to potential exposure such as:
(a) hazardous wastes;
(b) infectious wastes; and
(c) toxic wastes.
(E) “Hazardous Waste” is a waste that makes it potentially dangerous or harmful to human health. Hazardous waste includes:
(a) a petroleum-based product;
(b) a metal;
(c) a volatile or semi-volatile organic compound;
(d) a pesticide;
(e) a herbicide; and
(f) dangerously reactive.
(F) “Infectious Waste” means any organism that is capable of producing infection or infectious disease such as:
(a) bacteria;
(b) fungus;
(c) parasite;
(d) protozoan; and
(e) virus,
(G) “Toxic Wastes” is a waste contains substances determined to be harmful at or excess of the maximum concentration. Toxic waste includes:
(a) lead;
(b) arsenic; and
(c) mercury.
SEC 5. Provision of Personal Protective Equipment. – No workers may be allowed to continue with any of their respective activities, unless they are properly equipped with protective gloves and masks and other health and safety gears and proper protective equipment, such as but not limited to respirators to protect against airborne toxins, which may be required depending on the nature and extent of the risk where hazardous, infectious and toxic wastes are present.
SEC 6. Provision Pertaining to Containers. – All workers deployed in clean-up or collecting the potential wastes shall label each container as to content or concentration inside closed containers. Use of open garbage trucks is strictly prohibited.
SEC 7. Comprehensive Guidelines. – The Secretary of the Department of Health, in coordination with the Department of Labor and Employment , and other appropriate and concerned agencies shall come up with comprehensive guidelines, which shall be strictly observed by any workers deployed in areas, where presence of hazardous, infectious and toxic wastes shall be place them at greater risks.
Specifically, the guidelines adopted shall ensure that -
(A) worksites and areas where workers are to be sent are subject to a full assessment and identification of potential wastes through onsite evaluation and monitoring and identification of workers likely to be facing high risk of exposures.
(B) workers of all contributing agencies, whether government or private –
(a) are properly informed of the potential wastes they may face in their work;
(b) are provided proper training in handling potential wastes;
(c) are provided with the proper protective equipment, and guidelines and training for using them; and
(d) receive proper immunizations, where necessary and appropriate.
(C) these efforts are coordinated in close collaboration with local employers, unions and safety and health professionals.
SEC 8. Periodic Medical Check-up. – All individuals exposed to hazardous, infectious and toxic wastes shall undergo period mandatory medical check-up to ensure that their health and safety are not prejudiced by their activities. The proper government agencies or private corporations or entities who employ said individuals shall provide for the necessary fund to finance the cost of medical attention or intervention that may be needed.
SEC 9. Penalties. – Any person who violates any provisions of this Act shall be liable to payment of fines ranging from Two Hundred Thousand Pesos (P200,000.00) to Five Hundred Thousand Pesos (P500,000.00), including revocation of necessary license to operate as regards private entities.
SEC 10. Separability Clause. – If, for any reason or reasons, any part or provision of this Act shall be declared to be unconstitutional or invalid, other parts or provision hereof which are not affected thereby shall continue to be in full force and effect.
SEC 11. Repealing Clause. – All laws, orders, decrees, rules and regulations inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.
SEC 12. Effectivity. – This Act shall take effect upon its approval.
Approved.

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Bill - Hon. Kriszel V. Manalili

Republic of the Philippines

YOUTH CONGRESS


EXPLANATORY NOTE


All patients have the right to choose the healthcare providers that would them access to high-quality healthcare. Patients have the right to be treated with respects, with appreciation of their individual dignity and with protection of their need for privacy and also handle them with care. By reason to these rights, all patients must be given the right to choose the gender of their healthcare personnel that would attend to their needs including their sanitary needs. Patients will keeps in safety, particularly, the women and mental health patients, of their right to be free from any form of abuse or harassment.
On this note, the attached bill gives mental health patients the right to request that the healthcare must be given by a licensed staff who has the sex that the patients requests. If the patient is disable and incompetent to make a request, intimate care shall be provided by a staff member who is the same sex of the patient.


KRISZEL V. MANALILI


Republic of the Philippines
YOUTH CONGRESS


INTRODUCED BY KRISZEL V. MANALILI


AN ACT
RELATING TO MENTAL HEALTH PATIENT RIGHTS AND TO A HOSPITAL’S
DUTY TO PROVIDE CHOICE OF THE SEX OF STAFF PROVIDING INTIMATE
CARE TO A MENTAL HEALTH PATIENT
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Title. This Act shall be known as the “Right of the Patients Act”
SECTION 2. Right of the Patient to Staff Selection.
a. A patient who is provided an intimate care at a hospital, patients has the right to request that the care be given by a licensed staff member who is the sex that the patient requests.
b. If a patient who is provided an intimate care is not able to make a request, intimate care shall be provided by a staff, member who is the same sex of the patient.
SECTION 3. Obligation of the Hospital. A manager employed by a hospital shall:
1. Provide all the patients a clean and pleasant rooms;
2. post a notice of the right provided under this Act in a prominent place in patient rooms;
and
3. Adopt a policy to provide intimate care as required under this section.
SECTION 4. Definition of Terms
(1) “INTIMATE CARE” means hygienic care, including the bathing and toileting that involves a patient’s perineal area and for female patient, the patient’s breasts; the intimate care does not include activities done in preparation for a medical procedures;
(2) “LICENSED STAFF MEMBER” means a person certified in the state such as midwives, physicians and physician assistants, naturopaths, nurses and nurse aides.
SECTION 5. Separability Clause. In the event that any provision or part of this Act shall be declared unconstitutional by the courts, the remaining provisions shall remain valid and in full force and effect.
SECTION 6. Repealing Clause. All laws, orders, rules and regulations or part thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
SECTION 7. Date of Effectivity. This Act shall take effect twenty five (25) days after its publication in at least three (3) national newspapers of general circulation whichever comes earlier.
Approved,

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Bill - Hon. Mary Joy A. Concina

Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCED BY MARY JOY A. CONCINA

EXPLANATORY NOTE


Prostitution has destructive effects and destroys our moral fiber. Children, whether male or female, who for money, profit, or any other consideration or due to restrain by force or influence of any, or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
Sadly treat sex workers and other individuals exploited into prostitution as criminal perpetrators instead of victims.
Not only in this perspective misplaced but it is clearly and morally highly distasteful and hateful. It is about time this anomaly should be critically addressed.
Through this bill, the old fashioned policies may be corrected paving the way for a more invigorated approach in our campaign against prostitution.
MARY JOY A. CONCINA

Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCED BY MARY JOY A. CONCINA



AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT SERVICES FOR ITS VICTIMS, AND DECRIMINALIZING VAGRACY.
SECTION 1. Short title – “The anti prostitution Act.”
SECTION 2. Declaration of Policies – The State;
a. Recognizes the dignity of every human person and guarantees the respect of individual rights.
b. Recognized that women and children belong to this kind of work are systematically victimized by. They must be given enough protection and support state, instead of being treated as offenders.
c. Recognizes that the prostitution is the human rights violation, that calls for the right and immediate responses that came from the agencies of government also from non-governmental organization; and
d. Recognizes that prostitutions are the illegal job that grabbed by some women and children that make them ride in the wrong way.
SECTION 3. Definition of Terms – This defined for the purpose of this act.
a. Prostitution – refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or exiting sexual emotions in exchange for money, profit of any other considerations.
b. Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.
c. Establishment – refers to any business or enterprise, including, but not limited to, sauna, bath, massage parlor, discotheque, bar, restaurant, resort, lodging house, motel, hotel, theater, ship, vessel, cab or taxi, or any other vehicle, or any dwelling, house, jail, detention center, structure or building sewing as a cover or venue for prostitution, or any group, association or organization that engages in prostitution activities.
SECTION 4. Act of Prostitution – Prostitution is a crime committed by;
a. Any person who offers another for sexual exploitation in exchange for money or any other consideration.
b. Any member of the military or police establishment, or any government official or employee, or any person in authority who commits, causes for promotes facilitates, allows or tolerates the commission of any of the acts defined in this section, or who, in any manner, provides protection to the perpetrators of the said acts.
c. Any person who uses information technology or any form of media for the purposes of prostitution.
d. Any person who derives profit of advantage from any of the prohibited acts defined in this section an owner of venue of the establishment where the prostitution activity takes place.
SECTION 5. Persons exploited in prostitution as victims – any woman, man or child, regardless of sexual orientation or gender identity, used or employed for another person sexual gratification, pleasure and for the monetary gain of profit of others, as defined in section 4 of this act, shall be treated as victims.
SECTION 6. Penalties and Sanctions
a. Any person found guilty of committing any of the acts enumerated in section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than one million pesos (P1,000,000.00) but not more than two million pesos (P2,000,000.00)
b. When the offender is a foreigner, she/he shall be deported immediately after service sentence and permanently banned from entry into the country.
c. Any establishment that belongs to this shall be immediately close and its registration and/or license to operate shall be revoked.
SECTION 7. Prosecution of cases – any person who has personal knowledge of the commission of any offense under this act, or the person exploited in prostitution, the parents, spouse, sibling, children or legal guardian, or the law enforcement agencies, or the task force created under this act may file a complaint for prostitution.
SECTION 8. Implementing Rules and Regulations – The council shall promulgate the necessary implementing rules and regulations within sixty (60) days from the effectively of this act.
SECTION 9. Separability Clause – If, for any reason, any section of provision of this act is held unconstitutional or invalid, the other sections or provisions thereof shall not be affected thereby.
SECTION 10. All, laws presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this act are hereby modified or repealed accordingly.
SECTION 11. This act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation.

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Bill - Hon. Savanna R. Dela Rosa

REPUBLIC OF THE PHILIPPINES
YOUTH CONGRESS
Baguio City

INTRODUCED BY SAVANNA R.DELA ROSA

EXPLANATORY NOTE


The democratization of access to quality education particularly for children and youth with special educational needs such as the gifted, the gifted but physically handicapped, the fast learners, the mentally retarded, the visually impaired (blind), the hearing impaired (deaf), the orthopedically handicapped, the speech defectives, those with special health problems and others have not received as much attention as it should have. Of the approximately 4,000,000 children and youth with special needs between the ages 0 and 21 in the country, only 74,965 are being served through our present special education program. The CSN?s provided with appropriate educational services with 4.8% and 95.2% are not provided with appropriate educational services as of 2004-2005. The Philippine Population is 84.4M. Children and youth ages 0-24 are 42.2M (50%). Children with disabilities are 42.2% and gifted/talented are merely (1,266,000) 3%, and the Universal estimate of children with special needs is, 5,486,000 or 13% of the present population.

The progress of special education has been hampered by various complaints. As of 1989, only 1,274 teachers across the country have been trained for the abovementioned children and youth with special needs, one reason why only less than 2% of the total number of these minors can be served. Parent education is an urgent need in the campaign to enhance home-school relationships and to maximize their sense of competence and involvement in the education of their handicapped and as well as the gifted children.

Over the years, the Bureau of elementary Education has worked for the improvement of the delivery system despite and against any constraints. These efforts can only be sustained if they are anchored on a legal mandate that fully supports and ensures the continuity of long-term programs to help develop the potential of handicapped and gifted persons. In this way, self-reliance that has been wanting among the handicapped who are potential assets to themselves and to the country could be developed.

As an expression of our deep concern to this sector of our society and to give fuller meaning to the democratization of education towards their upliftment, this bill is recommended for immediate approval


REPUBLIC OF THE PHILIPPINES
YOUTH CONGRESS
Baguio City
INTRODUCED BY SAVANNA R.DELA ROSA

AN ACT
TO EXPAND, HELP AND REVITALIZE THE SPECIAL EDUCATION PROGRAM FOR THE GIFTED AND HANDICAPPED YOUTH AND CHILDREN IN THE PHILIPPINES

Be it enacted by the senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Declaration of policy - The state shall recognize the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall give priority to education, science and technology, arts, culture and sports to foster patriotism and nationalism, accelerate social progress, and promote human liberation and development.

SEC.2. Definition of terms

a) Gifted - shall refer to one who knows advanced development and potential for at least above average verbal or linguistic intelligence, logical or mathematical intelligence, body or kinesthetic intelligence, visual or spatial intelligence, musical or rhythmic intelligence or leadership ability.

b) Handicapped - shall refer to one who has a physical or mental impairment that substantially limits one or more of his/her psychological, physiological or anatomical functions.

c) Secretary - shall refer to the secretary of the department of Education.

d) Fast learner - one who is endowed with an average intellectual capacity

e) Handicap - a disadvantage of a given individual resulting from an impairment or disability

f) Handicapped individual - any individual who has a physical or mental disability which for such individual constitutes or results in s substantial handicap to employment and can reasonably be expected to profit from training or vocational rehabilitation.

g) hearing impaired - one who is def or hard-of-hearing. The deaf person is one whose hearing is non-functional for ordinary purposes of life. The hard-of-hearing has a sense of hearing which, although defective, is functional with or without hearing aid which may manifest itself in an imperfect ability to listen, think, speak, and read.

h) Learning disability - a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, write, and spell or to do mathematical calculations. The term includes such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia and development aphasia. The term does include children who have learning problems which are primarily the result of visual, hearing or motor handicaps, of mental retardation, or of environmental, cultural, or economic disadvantage.

i) Special Education center - is administrative unit serving children/youths with special needs which:

1) serves two or more types of children with special needs;
2) is administered by a SPED trained principal/head or any qualified staff;
3) provides special education services;


j) Special education teacher - any teacher who handles a class of children with special needs or renders special education services whether he is formally trained or trained through in-service training, seminars, and workshops;

k) Special health problems - refer to such health conditions that tend to keep children out of school; chronic and/or debilitating illness like cardiac (heart) disease, asthma, diabetes, TB and other respiratory ailments, carcinoma, allergy, epilepsy, malnutrition, and others.

l) Special Schools - an educational unit that:

i. serves only one except
ii may or may not be residential
iii.has its own appropriation

m) Visually impaired - one who is blind of partially sighted. A person is blind if he has a visual acuity of 20/200 or less in the better eye after maximum correction. The partially seeing person retains a relatively low degree of vision and can only read enlarged print or who has some remaining vision thereby making it possible for him to read limited amounts of regular print under very special conditions.


SEC. 3. Special Education Program - Pursuant to the foregoing policy, there shall be established in every school division a comprehensive special education program for handicapped and gifted children and youth in the pre-elementary, elementary and secondary levels throughout the country with the following essential program components:

a) Educational diagnosis and assessment essential to the proper identification of gifted and handicapped children and youth.
b) Teacher Education (pre-service and continuing in-service training) for teaching and non-teaching personnel to ensure staff competence;
c) Expanded curriculum development and evaluation to meet the diversified needs of the clientele;
d) Continuing research as basis for improvement of instruction at the pre-elementary, elementary and secondary levels and in the planning and service programming activities including the purchase of special facilities and equipment; and
e) Parent-Education informing them of available services, placement options and other relevant information to enable them to make informed decisions.

SEC. 4. Organization - Every public school division throughout the country shall organize special classes for gifted and handicapped children and youth in the pre-elementary, elementary and secondary levels. The organization of pre-school classes for these children and youth and shall be strongly encouraged to ensure early educational intervention.
Every public school division shall also organize special education centers, which shall include non-formal and outreach program for out-of school children and youth.

SEC.5. Skills training - Vocational education and training shall be provided and strengthened to render handicapped children and youth more skillful and competitive.

SEC.6. Teacher’s item - wherever requirements are met, the salary grade of teachers handling special education classes shall be two grades higher than that of a regular teacher and their present items shall be reclassified to special education teacher items. Items for special education supervisor in each public school division and head teachers of special Education centers shall be created for effective administration and supervision of comprehensive special education program.

SEC.7. Teacher Training - All teacher training institutions, public or private, offering Bachelor’s degree in Education shall include Special Education subjects as basic knowledge to students in teacher education.

SEC.8. Repealing Clause - any law, act, decree, proclamation or regulation or part thereof inconsistent with this Act is hereby repealed or modified accordingly.

SEC.9. Separability Clause - in the event that any provision of this Act, or a part thereof, it is hereby declared invalid or unconstitutional, the remaining provisions thereof shall be considered valid and binding for the purposes of this act.

SEC.10. Effectivity - This act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of genera circulation.


Approved,

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Bill - Hon. Gina G. Jabonite

Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCE BY: GINA G. JABONITE

EXPLANATORY NOTE

The current minimum wage for workers is still well below the ten thousand pesos (P10, 000.00) mark. This is despite of the fact that the minimum cost of living for an average family of five (5), as determined by the national statistics office (NSO).

Our workers and employees have, for many years, been clamoring for the enactment of legislated across-the board wage increase in the amount of one hundred fifty pesos (P150.00) per day.

The undersigned believes that it is high time we consider granting this request in order to bridge the gap between what our workers are receiving and what they need to be able to properly provide for their families’ needs

These propose wage increase well definitely increase the purchasing power of workers and their families. The same may in fact help boost consumption that may ultimately redound to the benefit of capitalist and business owners in the form of higher sales and better profits.

Accordingly, the passive of this bill is earnestly sought.



GINA G. JABONITE

Republic of the Philippines
YOUTH CONGRESS
Baguio City
INTRODUCE BY: GINA G. JABONITE


INTRODUCED BY: GINA G. JABONITE

“AN ACT
PROVIDING FOR A (P150.00) DAILY ACROSS THE BOARD INCRREASE IN THE SALARY RATES OF EMPLOYEES AND WORKERS IN THE PRIVATE SECTOR AND OTHER PURPOSES.”

SECTION 1. Short title- this act shall be known as “The P150.00 daily across the board wage increase act.”

SECTION 2.Declaration of Policy – it is hereby declared to be the policy of the state to alleviate the living conditions of the ordinary Filipino’s through policies that provide for a decent and humane standard of living and improved quality of life. Towards this end the aim of all provisions of this act, is to ensure the right of labor to its just share in the fruits of production; to guarantee the workers’ right to a living wage; and to promote social justice through the adoption of measures calculated to ensure the well being and economic security of all the members of the community.

SECTION 3.Across- the - Board Wage Increase in line with the declared policy under this act, all employers in the private sector whether agricultural or non-agricultural regardless of the capitalization and numbers of employees shall pay their workers an across the board wage increase in the sum of one hundred fifty pesos (P150.00) per day to be paid in the following manner.

A.) upon the effectively of this act, an additional fifty pesos (P50.00) a day;
B.) The year there after, an additional Fifty pesos (P50.00) a day.
C.) And on the third year, the remaining amount of fifty pesos (P50.00) a day will be added.

SECTION 4.Non – chargeability of prior increase- no wage increase shall be credited as compliance with the increase prescribed herein unless expressly provided under valid coactive bargaining agreements: Provided, that such wage increase granted in anticipation of the legislated across the board wage increase under this Act: Provided further, that where such increase is less than the prescribed under this Act, the employer shall pay the difference such increases shall not include anniversary wage increases, merit wage increases and those resulting from the regularization or promotion of employees.

SECTION 5. Non-diminution of other benefits- Nothing in this act shall be construed to reduce any existing allowance and benefits of any form under existing laws, issuances, executive orders and any contract or agreement between workers and employers.

SECTION 6. Inspection by the DOLE. The Department of Labor and Employment (DOLE) shall after approval of this Act, conduct inspection of the payroll and other financial records kept by the company or business to determine whether the workers are paid the prescribed across the board wage increase and other benefits granted by law. In a unionized company’s establishment or businesses, the inspection should be carried out in the presence of the workers in the said company. The workers representative shall have the right to submit his own findings to the DOLE and to testify on the same if he cannot concur be the findings of the Labor inspector

SECTION 7. Penalties. - Any person, corporation, trust, firm, partnership, association or entity violating any provision of this act shall be punished with a fined not less than thirty thousand pesos (P30, 000.00) nor more than one hundred thousand pesos (P100, 000.) or imprisonment of not less than three (3) or more than four (4) years, or both such fine imprisonment at the discretion of the court and if the violation is committed by a corporation trust or firm, association and other entity, the penalty of the imprisonment shall be impose upon the entity’s responsible officers including, but not limited to, president, vice president, chief executive officer, general manager director or partner. The employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees: provided that payment of indemnity shall not absolve the employer from the criminal liability imposable under this act provided further.

SECTION 8. Implementing Rules and Regulations. -The secretary of labor and employment shall promulgate the necessary rules and regulations to implement this act.

SECTION 9. Severabilitv. - If any provision or part of this act or application there of to any person or circumstance is held invalid or unconstitutional, the remainder of this act or the application of such provision or part there of to other persons or circumstances shall not be affected thereby.

SECTION 10. Repealing Clause. - All laws, orders, issuances, rules and regulations or parts there of inconsistent with the provision of this act are hereby repealed, amended or modified accordingly

SECTION 11. Effectivity. - This act shall take effect within fifteen (15) days after its publication in at least two (2) newspapers of the general circulation.

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Bill - Hon. Jennifer S. Enanod

BILL OF HEALTH
INTRODUCED BY JENNIFER S. ENANOD
EXPLANATORY NOTE


Individuals involved in garbage collection, working in dumpsites or assigned in disaster areas numerous and uncommon work site and environmental hazards. Worse, they may be encountering hazard, with which they have little prior experience or training; hence, exposing them to further dangers that may deleteriously prejudice their safety and health.
Unfortunately, the Government has not taken any concrete plan of action to at least abate or minimize the risks these individuals deal with. Considering the sensitive and delicate nature of this concern, it makes one wonder how come no programs have ever been set in place to critically address the same.
The purpose of this Act is to appropriate take action. It seeks to protect the health and safety to these individuals that are involved in this operations and activities.


BILL OF HELATH
INTRODUCED BY JENNIFER S. ENANOD


AN ACT
SEEKING TO PROTECT THE HEALTH AND SAFETY OF INDIVIDUALS INVOLVED IN GARBAGE COLLECTION, WORKING IN DUMPSITES OR ASSIGNED IN DISASTER AREAS AND FOR OTHER PURPOSES.
SECTION 1. Short Title. – This Act shall also be known as the “Individuals’ Health and Safety Act.”
SECTION 2. Declaration of Policy. – It is hereby declared the Policy of the state to protect the health and safety of individuals that are involved in garbage collection, working dumpsites or assigned in disaster areas. Towards this end, this Act aims to protect the right of this individuals to ensure and provide their healthy and safety.
SECTION 3. Definition of Terms. – As used in this Act, the following terms shall mean:
Garbage Collection – performed by a garbage collector, which recycles memory that it can prove, will never be use again. It also known as automatic management is the automatic recycling of heap memory.
Dumpsite – Location of a dump, especially garbage dump.
Disaster Areas – region or a locale heavily damaged by their natural hazards, such as tornadoes, hurricanes, tsunamis, floods, earthquakes, technological hazards including nuclear and radiation accidents, or sociological hazards like riots, terrorism or war.
Hazard – a situation that poses a level of threat to life, health, property or environment. Most hazards are dormant or potential, with only a theoretical risk of harm, however, once a hazard becomes ‘active’, it can create an emergency situation.
SECTION 4. Provisions.
Gloves, Masks, and other Proper Protective Equipment
No individuals involved in garbage collection, working in dumpsites or assigned in disaster areas may be allowed to continue with any of their respective activities, unless they are properly equipped with protective gloves and masks and other healthy and safety gears and proper protective equipment, such as but not limited to respirators to protect against airborne toxins, which may be required depending on the nature and extent of risks involved in clean-up operations, where hazardous and infectious chemicals are present.
Closed Containers
Any contractor operator, or entity, duly contracted to carry out garbage collection in Metro Manila and other parts of the country shall place all collected garbage inside close containers. Use of open garbage trucks is strictly prohibited.
SECTION 5. Comprehensive Guidelines. – the Secretary of the Department of health, in coordination with the Department of Environment and Natural resources, and other appropriate and concerned agencies shall come up with comprehensive guidelines, which shall be strictly observed by any responder or clean-up crew deployed to attend to rescue or clean-up operations in disaster areas, where presence of hazardous and infectious materials shall place them greater risks.
Specifically, the guidelines adopted shall ensure that:
Work sites and areas where responders and clean-up crews are to be sent are subject to a full environmental assessment and identification of hazards through onsite evaluation and monitoring and identification of workers likely to be facing high risk of hazardous exposures;
Relief, reconstruction and clean-up workers of all contributing agencies, whether government or private-
Are properly informed of the environmental hazards they may face in their work;
Are provided proper training in handing toxic materials;
Are provided with the proper protective equipment.
Receive proper immunizations, where necessary and appropriate;
C. These efforts are coordinated in close collaborated with local employers, unions and safety and health professionals.
SECTION 6. Periodic Medical Check-up. – all individuals involved in garbage collections, working in dumpsites or assigned in disaster areas, shall be required to undergo period mandatory medical check-up to ensure that their health and safety are not prejudiced by their activities. The proper government agencies or private corporations or entities who employ said individuals shall provide for the necessary fund to finance the cost of medical attention or intervention that may be needed.
SECTION 7. Penalties. - Any person who violates any provisions of this Act shall be liable to payment of fines ranging from one hundred thousand pesos (P100, 000.00) to three hundred thousand pesos (P300, 000.00), including revocation of necessary license to operate as regards private entities.
SECTION 8. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the law provision not otherwise affected shall remain valid subsisting.
SECTION 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of this Act is hereby repealed, modified or amended accordingly.
SECTION 10. Effectively Clause. – This Act shall take effect upon its approval.

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Bill - Hon. Ma. Veronica Munda

Republic of the Philippines

YOUTH CONGRESS

Baguio City


Explanatory Note


The Law of infidelity in the custody of prisoners has been a vintage time since it was. The penalties impose during those days are probably not effective in today’s time, where crimes have become a common occurrence. At the same time the escape of prisoners or the criminals who has been captured has very often obvious by the public eyes. The Government official or employees whose in charge of a prisoners much often commit such infidelity in the custody because the penalty for such cowardly act is light and therefore freeing illegally a prisoner through bribery is very great if not too tempting. Anyone who frees a prisoner is part of the commission of the offense perpetrated by the prisoner. A guard who frees an inmate not only participates to the commission of the crimes of the offender but it will turned as a traitor to the government and to the law he is sworn to protect and respect.
In the penal code the penalty for the crime of freeing a convicted prisoners by their guard or keepers is an imprisonment in its medium to its maximum period, therefore the penalty begins at two (2) years and one day to six (6) years. However for the crime or infidelity in the custody of prisoners who are merely in detention, the penalty is imprisonment in its minimum period, which is six (6) months and one day to two (2) years. The emphasis of the imposition of the penalty is based on the prisoners is convicted or merely in detention. For me this categorization is not proper and is insufficient because the penalty that they’d impose is not based on the gravity of the offense of the prisoner. True, the accused is deemed innocent until he is convicted. But now days, there are existence of crimes that are so repugnance and brutal that it destroys the human being and violate the sensibilities if man.
The commission of crimes those are heinous, like murder, rape, the massacre or extermination of a family, terrorism, genocide by the use of weapon of mass destruction like dynamite and explosion have become nightmares which threatens the stability of the government. Yet every now and then we are scandalized by the rampant escape of those accused of the terrorism, economic sabotage, massacre, rape and similar terrible felonies from their high security to put in a prisoner while the officials and the personnel in charge of the detainee literally go scot-free because the highest penalty they can be meted out is two (2) years imprisonment. It should give the highest penalties for those who would illegally free the detainee(s) especially the convicted government officials.
The approval of this revised bill into law at the earliest possible time would be my paramount concern.

INTRODUCE BY MA. VERONICA MUNDA

AN ACT
DEFINING THE CRIME OF BETRAYAL OF DUTY IN THE CUSTODY OF PRISONERS PROVIDING FOR ADDITIONAL RULES ON THE IMPRISONMENT, DETENTION, CONFINEMENT AND CUSTODY OF PRISONERS AND DETAINEES SPECIFYING ADDITIONAL WORKS AND RESPONSIBILITIES OD GOVERNMENT PERSONNEL CHARGED WITH THE CUSTODY OF SUCH PRISONERS AND STATING THE PENALTIES THEREFORE, AND FOR OTHER PURPOSES.
Sec.1 Short Title. This Act shall also be known as ”Betrayal of Duty”
Sec. 2.Any provision of law, the crime of betrayal of duty in the custody of prisoners and detained persons is hereby defined as an Act whereby a persons charge with custody of prisoners, detained persons under preventive imprisonment, persons arrested in the Act of committing crime, Persons who are wanted in foreign countries by which the Philippines as a treaty of reciprocity for extradition, persons committing heinous crimes, terrorist and war criminal or engaged in economic sabotage, will not allow the escape of such prisoners or persons similarly situated without legal justification, or else shall be punished with a penalty which is one degree lower than the penalty imposed for the offense which the detainee is charged with or convicted of, provided that in no case shall the penalty imposed be lower than prison, correctional in its minimum period. For the escape of a detainee wanted by a foreign country, the penalty of prison, correctional in its maximum period, for the escape of the prisoners who are accused of the commission heinous, terrorism, war crimes, and economic sabotage, the penalty of life imprisonment shall be imposed without any provision of parole, and for the persons convicted of the crime of betrayal of duty in the custody of prisoners shall likewise suffer a special permanent of disqualification, if the detainee have been convicted or who has admitted his guilt in open court, even if, the decision of conviction has not been rendered.
Sec. 3. The office or institution for high risk detainees shall establish or add rules and regulation in the custody of prisoners. It should be record the time when the detained person was accepted by institution, the name of persons, whose in charged to guard the detained person or detainees, the time and date there were turn over of guards, it should be properly signed and acknowledged by the said personnel who guard the detainee(s) from another cell detention, his transfer from one institution to another.
Sec. 4. Persons, though not in charge of the detainee, who enjoys the higher rank than the custodian of prisoner who shall cause, aid, abet and facilitate the escape of detainee, will suffer the same penalty, the court or tribunal will impose the same in its maximum period. However the court will impose the penalties under this Act, in the degree that will be fair and humane as the case may be.
Sec. 5. To those government official whose involved in a merely detention, it should not give any special treatment, the guard whose in charged of that detainee must be loyal to his duty.
Sec. 6. The government officials who’s found guilty by an open court and give by the court a decision with a life imprisonment should not have given either a parole.
Sec. 7. The suspicious terrorist should put into the detention cell and must be double the security, and cannot be allowed to be free unless the court decided not guilty for the solve of maintenance of peace and order, the protection of life, liberty and property, and the promotion of general welfare which are essential for the enjoyment by all the people of the blessings of democracy in a just and humane society. It should give right penalties for the custody of that suspicious detainee if he would allow freeing.
Sec. 8. this Act shall take effect fifteen (15) days from its publication in at least two news papers of general circulation of the Philippines.

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