AN ACT PROVIDING FOR ADDITIONAL MECHANISMS TO ACCELERATE THE RECOVERY, BOLSTER THE RESILIENCY OF THE PHILIPPINE ECONOMY, AND PROVIDING FUNDS THEREFOR
or Bayanihan to Arise as One Act (Bayanihan 3)
Objectives:
(a) Mitigate the economic and health cost and losses stemming from the
COVID- 19 pandemic;
(b) Restore public trust and confidence in social and economic institutions; and
(c) Accelerate the recovery and bolster the resilience of the Philippine economy and public health through measures grounded on inclusivity and sustainability.
Summary of the appropriation of the implementation of this Act:
FULL TEXT:
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
General Provisions
SECTION 1. Short Title. – This Act shall be known and cited as “Bayanihan to Arise as One Act”.
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Towards this end, and in cognizance of the adverse impact of the 2019 Coronavirus Disease (COVID-19) pandemic on the Philippine economy and society, the State shall introduce additional mechanisms to achieve the following objectives:
(a) Mitigate the economic and health cost and losses stemming from the COVID-
19 pandemic;
(b) Restore public trust and confidence in social and economic institutions; and
(c) Accelerate the recovery and bolster the resilience of the Philippine economy and public health through measures grounded on inclusivity and sustainability.
SEC. 3. Types of Interventions. – The interventions shall be classified as follows:
a. Kalinga: Kalinga interventions are fiscal government programs and projects intended to alleviate the effects of COVID-19 by providing direct emergency and social amelioration or assistance to deserving Filipinos.
b. Kabuhayan: Livelihood interventions are fiscal and non-fiscal relief, through existing government programs and projects, and are intended to ensure that Filipinos would
have sustainable sources of income and that businesses would be able to support operations and income despite the impact of the COVID-19 crisis.
c. Kalusugan: Food security and health interventions are fiscal and non-fiscal relief, through existing government programs and projects, and are intended to ensure that every Filipino would have access to sufficient and stable quantity of affordable food and quality health services despite the impact of the COVID-19 crisis.
The implementation of the aforesaid interventions shall be done in three (3) phases.
CHAPTER II
Kalinga
SEC. 4. Ayuda to all Filipinos. – To provide assistance to all Filipinos impacted by the COVID-19 pandemic, the Department of Social Welfare and Development (DSWD) shall implement an emergency and special COVID-19 assistance program (hereinafter referred to as Ayuda), for each and every living Filipino as of the date of promulgation of this Act through a cash subsidy program of One thousand pesos (Php1,000.00) to be distributed within one (1) month after the promulgation of this Act and another One thousand pesos (Php1,000.00) to be distributed within three (3) months thereafter.
For the implementation of Phase 1 of the program, the amount of One hundred and eight billion pesos (Php108,000,000,000.00) is hereby appropriated. the said funds shall be immediately released to the DSWD upon the effectivity of this Act. The amount of One hundred and eight billion pesos (Php108,000,000,000.00) stand-by fund is appropriated to DWSD for the implementation of this Section for Phase 2.
By order of prioritization in funding, the appropriations authorized under this Section shall take precedence over other appropriations made in this Act: Provided, That in the event that the funding appropriated under this Section is not fully utilized, the remaining balance shall be appropriated for the implementation of Sections 7 and 9 of this Act.
SEC. 5. Qualified Filipinos for Ayuda. – Any living Filipino national, regardless of age, shall be qualified to receive Ayuda as described under Section 4 of this Act: Provided, That the recipient must have been residing in the Philippines for at least six (6) months immediately prior to the promulgation of this Act: Provided finally, that any Filipino, without need of any valid or justifiable reason, may voluntarily opt not to receive the Ayuda herein described.
SEC. 6. Listing and Distribution. – The DSWD and the Department of the Interior and Local Government (DILG), through the assistance of the local government units (LGUs) shall prepare the list of the recipients not later than one (1) month after the effectivity of this Act. The Community-Based Monitoring System, the Philippine Census of Population and
Housing and all other pertinent information available at the LGUs and in National Government Agencies may be used as references for the generation of the list of recipients.
The LGU, in coordination with the DSWD and the DILG, shall distribute the Ayuda to the recipients included in their respective listings. In addition to the provisions of the Republic Act No. 9485, otherwise known as the Anti-Red Tape Act, digital payments or any other systems of payment with minimal face-to-face transactions shall be encouraged in the distribution of the Ayuda. The LGU shall create a Grievance and Appeals Committee to receive and act expeditiously on all complaints coming from constituents. The Committee shall establish a hotline to receive and act expeditiously on all complaints.
The DSWD, in coordination with the DILG, shall issue the rules and regulations to implement this Section.
SEC. 7. Ayuda for Quarantine-Affected Households. – To provide assistance to all households impacted by the COVID-19 pandemic, the DSWD shall implement a social amelioration program for food security through a one-time cash subsidy program of Five thousand pesos (Php5,000.00) to Ten thousand pesos (Php10,000.00) for every affected household in areas declared under Enhanced Community Quarantine (ECQ) or any other type of COVID-19 quarantine that may be of the same or stricter level of restrictions as an ECQ, as defined at the date of the promulgation of this Act. The number of household members, cost of living and the level and duration of the quarantine shall be considered in determining the amount of the Ayuda for affected households as described under this Section.
The DSWD shall utilize the General Appropriations Act 2021 budget for Assistance to
Individuals in Crisis Situation (AICS) for the implementation of this Section.
SEC. 8. Special Congressional Oversight on Ayuda. – There is hereby created a Special Congressional Oversight Committee on Ayuda for the proper implementation, monitoring and auditing of this Program, especially the listing and distribution as described under Section 6 of this Act. The DSWD, DILG and LGUs shall submit weekly reports to the Special Congressional Oversight Committee on Ayuda: Provided, That the weekly reports shall include comprehensive progress or accomplishment reports on the releases, balances, obligations, disbursements, and any other information that will ensure a transparent, valid and efficient implementation of the Ayuda funding.
The Committee shall be jointly chaired by the Speaker of the House of Representatives and the Senate President, who shall each designate five (5) members from their respective
Houses as members.
CHAPTER III
Kabuhayan
SEC. 9. Emergency Assistance to Households. – To provide emergency assistance to households and individuals affected by crises during the pandemic, the amount of Twelve billion pesos (Php12,000,000,000.00) is appropriated for additional funds of the DSWD to be immediately released for its AICS program to address crisis response and recovery and to procure food packs subject to the existing rules and regulations of the DSWD. Stand-by funds are likewise appropriated for the AICS program in the amount of Twelve billion pesos (Php12,000,000,000.00) for Phase 2 and Six billion pesos (Php6,000,000,000.00) for Phase 3.
SEC. 10. Wage Subsidies. – To assist Micro, Small and Medium Enterprises
(MSMEs), the Small Business Wage Subsidy (SBWS) program of the Department of Finance (DOF), the Social Security System (SSS), and the Bureau of Internal Revenue (BIR) shall be continued and expanded, especially to MSMEs that have been highly impacted by the COVID19 crisis.
The amount of Eight billion pesos (Php8,000,000,000.00) is hereby appropriated to the SBWS program for the implementation of this Section. Stand-by funds are likewise appropriated for the SBWS program amounting to Eight billion pesos (Php8,000,000,000.00) for Phase 2 and Four billion pesos (Php4,000,000,000.00) for Phase 3.
SEC. 11. Assistance to Displaced/Disadvantaged Workers. – To provide temporary employment to displaced workers, including overseas Filipino workers (OFWs) and freelancers, the Department of Labor and Employment (DOLE) shall expand the Tulong Panghanapbuhay sa Ating Displaced/Disadvantaged Workers (TUPAD), COVID-19 Adjustment Measures Program (CAMP) and Abot Kamay ang Pagtulong (AKAP) Program. The amount of Ten billion pesos (Php10,000,000,000.00) is appropriated to the DOLE for the implementation of this Section. Stand-by funds are likewise appropriated to the DOLE for the implementation of this Section in the amount of Ten billion pesos (Php10,000,000,000.00) for Phase 2, and Five billion pesos (Php5,000,000,000.00) for Phase 3.
SEC. 12. Housing Relief. – To address the housing needs of affected families during the pandemic, the National Housing Authority (NHA) and the Social Housing Finance Corporation (SHFC) are hereby directed to suspend, for at least three (3) months after the effectivity of this Act, the collection of amortization payments from families in all government socialized housing and resettlement projects who lost their source of income due to the pandemic. LGUs shall assist the shelter agencies in the validation of the economic condition of families to qualify for this program.
Furthermore, demolition and eviction activities shall be postponed until the state of public health emergency has been lifted, except for eviction or demolition activities in relation to the implementation of critical government infrastructure projects under the Build, Build, Build Program and areas crucial for the objectives of these projects: Provided, That the implementing agency shall conduct proper consultation and provide permanent relocation, compensation, rental subsidy for temporary shelter, and other basic services for the affected families, regardless of tenurial status, in view of relevant provisions stipulated in Republic Act No. 7279 or the “Urban Development and Housing Act of 1992” and Republic Act No. 10752 or “The Right-of-Way Act of 2015”.
SEC. 13. COVID-19 Economic Recovery. – The COVID-19 economic recovery interventions under Bayanihan to Recover as One Act or Republic Act No. 11494, specifically Sec. 4 (m), (z), (mm), (tt), (xx), and (iii), are hereby adopted as part of this Act: Provided, That all laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly: Provided further, That unless otherwise provided for in this Act, no additional appropriation is hereby mandated for the Sections specified herein above, and the validity of the appropriations specified under Republic Act No. 11494 for the specified Sections shall be extended during the effectivity of this Act.
SEC. 14. Procurement of Goods and Services. – Notwithstanding any law to the contrary, goods and services required to address contingencies arising from natural or manmade calamities that shall accelerate the recovery and bolster the resiliency of the economy, including the goods and services needed to improve the digital infrastructure that supports all government functions, shall be procured in the most judicious, economical, and expeditious manner, and shall be exempted from the provisions on bidding processes required under Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act” and other relevant laws: Provided, That the following information and documents related to the procurement shall be published in the Government Procurement Policy Board (GPPB) online portal, the website of the procuring entity concerned, if available, and at any conspicuous place to be reserved for this purpose in the premises of the procuring entity within five (5) working days from the date of acceptance of the award:
(i) Project name;
(ii) Approved budget for contract;
(iii) Contract period;
(iv) Name of winning supplier, distributor, manufacturer, contractor, or consultant;
(v) Amount of contract as awarded;
(vi) Notice of award;
(vii) Date of award and acceptance;
(viii) Contract or purchase order; and
(ix) A certification stating that the procuring entity exerted all efforts to secure the price most advantageous to the government based on existing price data of the agency, the Department of Trade and Industry, or other relevant agencies or preliminary market scanning done by the agency documenting prevailing market prices and practices.
Provided however, That notwithstanding any laws to the contrary, advance payment for contracted goods and services not exceeding fifty percent (50%) of the contract amount, shall be allowed in the procurement of goods under this Section, unless otherwise directed by the President of the Philippines.
CHAPTER IV
Kalusugan
SEC. 15. National Nutrition. – The Department of Social Welfare and Development (DSWD) and the Department of Education (DepEd), in close coordination with the LGUs and other concerned agencies shall fully implement the Masustansyang Pagkain para sa Batang Pilipino Act of 2017 (Republic Act No. 11037) for Filipino children in day care centers, kindergartens and elementary schools.
The DOH, in coordination with the National Nutrition Council (NNC), the Department of Agriculture (DA), the LGUs, and other National Government Agencies shall fully implement the Republic Act No. 11148, otherwise known as the Kalusugan at Nutrisyon ng Mag-Nanay Act to ensure that nutrition and health interventions and services under the said Act are delivered at the barangay level. Priority shall be given to services and interventions that boost immunity against COVID-19, as determined by the Department of Health (DOH).
Stand-by funds of Five billion pesos (P5,000,000,000.00) for Phase 2 shall be appropriated for the implementation of Republic Act No. 11037. Stand-by funds of Five billion pesos (P5,000,000,000.00) for Phase 2 shall be appropriated for the implementation of Republic Act No. 11148.
SEC. 16. Assistance to the Agri-Fishery Sector. – The Department of Agriculture
(DA) and such other agencies or instrumentalities, shall continue the Enhanced Plant, Plant, Plant Program and any other relevant programs, including subsidies, loans, grants, and necessary capacity building assistance to farmers, livestock producers, and fisherfolk to improve the agri-fishery industry and ensure food security.
The DA shall prioritize for funding programs and interventions that directly and effectively address the most urgent food security concerns, such as price and supply pressures on the domestic swine industry and supply-chain issues on vegetables. The National Economic and Development Authority (NEDA) shall assist the DA in identifying which interventions will provide the highest socioeconomic returns towards food security and farmer income security and welfare.
Stand-by funds for the implementation of this section are appropriated in the amount of Fifteen billion pesos (Php15,000,000,000.00) for Phase 2 and Fifteen billion pesos (Php15,000,000,000.00) for Phase 3 shall be appropriated for the implementation of this Section.
SEC. 17. Medical Assistance to Indigents. – The Medical Assistance for Indigents Program (MAIP) of the Department of Health (DOH) shall be augmented as additional medical response for the targeted indigent beneficiaries.
The amount of Three billion pesos (Php3,000,000,000.00) is appropriated to the DOH for the implementation of this Section. Stand-by funds are likewise appropriated to the DOH in the amount of Three billion pesos (Php3,000,000,000.00) for the implementation of Phase 2 and Three billion pesos (Php3,000,000,000.00) for Phase 3 of the MAIP.
SEC. 18. Provision of Free Swab Tests for Seafarers and Overseas Filipino Workers (OFWs). – To help facilitate the safe return to their place of residence or their immediate deployment for overseas employment, seafarers and OFWs shall be entitled to free swabbing and reverse transcription-polymerase chain reaction (RT-PCR) testing, which shall be provided upon arrival or before departure at all international airports and seaports nationwide and in accredited testing centers. The amount of Four hundred million pesos (Php400,000,000.00) is appropriated to the Department of Transportation for the implementation of this Section in Phase 1.
SEC. 19. COVID-19 Health Response. – The COVID-19 response and recovery interventions under Republic Act No. 11494, otherwise known as the Bayanihan to Recover as One Act under Sec. 4 (a), (b), (c), (d), (e), (h), (i), (j), (k), (l), (s), (t) and (w) are hereby adopted as part of this Act: Provided, That all laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly: Provided further, That unless otherwise provided for in this Act, no additional appropriation is hereby mandated for the Sections specified herein above, and the validity of the appropriations specified under Republic Act No. 11494 for the specified Sections shall be extended during the effectivity of this Act.
SEC. 20. Emergency Use of Private Sector Facilities for Public Health Purposes. – In order to preserve and promote public health, the President of the Philippines may direct the operation of any hotel, transient lodging, other privately owned structure, building or vessel to serve as isolation or quarantine facilities, temporary medical facilities, and medical relief and aid distribution locations. The DOH shall prescribe the minimum standards necessary for the operation of such temporary facilities: Provided, That in cases where the foregoing enterprises so desire to undertake management of said temporary medical or isolation operations, it may do so in partnership with duly licensed private medical service providers or hospitals, and such operations including pricing shall be fully regulated by the DOH: Provided further, that in identifying which enterprises or properties will be temporarily used as isolation or quarantine facilities, temporary medical facilities, and medical relief and aid distribution locations, hotels, and similar facilities which have not been able to operate during the quarantine periods shall first be selected and utilized: Provided further, that should there be need to re-purpose other private enterprises, properties or structures to address the public health requirements, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF–EID), together with the Department of Tourism, shall identify and select the private enterprise, property or structure.
The owner or operator of the enterprise or property herein referred to shall be given just compensation for the use of their facilities and properties and shall receive such compensation on a monthly basis from the start of operation of the temporary facilities: Provided, That compensation will be jointly determined by owners or operators of the enterprise or property and the Office of the President of the Philippines, with the latter as Payor: Provided further, That reasonable compensation for reopening costs necessary to restore the subject property to its original operational state, including any additional damage or costs incurred by the owner or possessor of the subject property solely on account of complying with the directive of the President of the Philippines shall be given to the person entitled to the possession of such private properties or businesses after proper accounting and assessment have been done: Provided finally, That in determining the just and reasonable compensation to be paid to owners or operators of hotels, transient lodgings, other privately owned structures, buildings or vessels as provided herein, the Office of the President of the Philippines shall pay no less than the posted industry standard rates of Bureau of Quarantine accredited hotels and transient lodgings for both stringent and mandatory quarantine facilities.
PhilHealth shall include the payments due for hospital care while in these temporary facilities in the COVID-19 benefit packages available for all Filipinos who are so confined in said facilities.
CHAPTER V
Support to Local Government Units
SEC. 21. Realignment of Local Funds. – Notwithstanding any law to the contrary, the Local Chief Executives are hereby authorized to realign their development fund, Gender and Development Fund, Sangguniang Kabataan Fund, Special Education Fund (SEF), and other local funds, including unutilized or unreleased subsidies and transfers in order to address the COVID-19 pandemic.
Sangguniang Barangays are likewise authorized to make realignments of all allotments and subsidies in response to the pandemic.
The LGUs may also increase their respective personnel services cap by up to ten percent
(10%) for first (1st) to third (3rd) class municipalities and up to five percent (5%) for the fourth (4th) to sixth (6th) class municipalities, and cities, and provinces: Provided, That the same shall be used for the hiring of additional health workers, the generation of temporary jobs for marginalized and hard-hit sectors as well as for other emergency employment programs undertaken by the LGU in response to the COVID-19 pandemic: Provided further, That the allowable debt service ceiling of LGUs shall be increased to thirty percent (30%) of their annual regular income including their share in the national taxes: Provided finally, That the LGUs shall be exempt from the loan ceiling cap imposed by the Department of Finance (DOF).
The Department of Budget and Management (DBM) and the Bureau of the Treasury (BTr) shall automatically and completely release any adjusted or remaining shares of LGUs in national wealth and National Tax Allotment (NTA) pursuant to Section 286 of Republic Act No. 7160 or the “Local Government Code of 1991”.
For Phase 2 of the implementation of this Section, the amount of Five billion pesos (Php5,000,000,000.00) is appropriated as follows, Four billion pesos (Php4,000,000,000.00) to the Local Government Support Fund (LGSF) to provide financial assistance to LGUs in their local anti-COVID efforts, and Five hundred million pesos (Php500,000,000.00) each to the Land Bank of the Philippines (LBP) and the Development Bank of the Philippines (DBP) to subsidize the payment of interest on new and existing loans secured by
LGUs from government financial institutions (GFIs).
SEC. 22. Expanded use of Special Education Fund. – Notwithstanding the provisions of Section 272 of Republic Act No. 7160 or the “Local Government Code of 1991”, a portion of the Special Education Fund may be used to support the educational arrangements and adjustments necessary to support the safe continuation of learning during the pandemic.
Authorized expenditures shall include support of alternative learning modalities, digital education, digital infrastructure and continuity plans, such as the purchase of equipment, materials, and supplies related thereto, printing and delivery of self-learning modules, provision of safe schools infrastructure, equipment and facilities such as hand-washing stations, soap, alcohol, sanitizers, .and other disinfecting solutions, as well as medical health supplies deemed appropriate by public health officials such as thermometers, face masks, and face shields, subject to existing accounting and auditing rules.
SEC. 23. Stand-by Loans. – The extension of the term of standby loans entered into by LGUs shall be allowed.
SEC. 24. Funds Held in Trust. – Unexpended cash balances of public funds held in trust by LGUs, the purposes of which have been deemed to be completed or abandoned, shall be utilized; and their transfer to the general fund of the LGUs concerned shall be made available for appropriation to support local government programs and projects in response to the
COVID-19 pandemic.
SEC. 25. Municipal Development Fund. – Any unutilized or unreleased balance in the Municipal Development Fund created under Presidential Decree No. 1914, including investments and undrawn portions of all loans, shall be realigned for purposes of paying outstanding LGU obligations. All such unspent, unutilized, unreleased, or undrawn money or funds shall be utilized and are hereby automatically appropriated for LGU loans and borrowings from the respective GFIs, including the provision of loan interest rate subsidy until 2022, and other measures to address the COVID-19 situation and to accomplish the declared national policy herein: Provided, That all investments, loans, credits, grants, or other credit accommodations existing at the time of effectivity of this Act shall be assigned to the GFIs, which shall henceforth have all the rights and obligations of the fund over the funds appropriated under this section: Provided further, That the assigned funds shall be accessed
and utilized exclusively by the LGUs: Provided
furthermore, That all approved loans and undisbursed balances for committed LGU loans
and borrowings shall continue to be disbursed and shall be
administered by the GFIs: Provided finally, That any remaining proceeds of the Municipal Development Fund Office (MDFO) investments in government securities are hereby automatically appropriated for such measures that shall allow LGUs to respond appropriately to the effects of the COVID-19 pandemic, and to accomplish the national policy declared under this Act.
SEC. 26. Memorandum of Agreement with LGUs. – The DSWD, DOLE and other agencies may execute a Memorandum of Agreement (MOA) with LGUs to facilitate transfer of funds to the LGUs and to allow said LGUs to distribute the Social Pension for Indigent Senior Citizens (SocPen), AICS, Food and Non-Food Items (FNFI), CAMP, TUPAD, and the AKAP for OFWs.
CHAPTER VI
Other Assistance
SEC. 27. Support to Retired Military and Uniformed Personnel – The sum of Fiftyfour billion six hundred million pesos (Php54,600,000,000.00) is hereby appropriated for the
payment of pension arrears of the retired Military and Uniformed Personnel of the Armed
Forces of the Philippines (AFP), Philippine National Police (PNP), Bureau of Fire Protection
(BFP), Philippine Coast Guard (PCG), and National Mapping and Resource Information Authority (NAMRIA) to help bridge their financial needs to cope with the challenges brought about by the pandemic.
To implement this Section, Twenty billion pesos (Php20,000,000,000.00) shall be released for Phase 1, Twenty billion pesos (Php20,000,000,000.00) shall be released for Phase 2, and Fourteen billion six hundred million pesos (Php14,600,000,000.00) shall be released for Phase 3.
SEC. 28. Support to Basic Education. – The amount of Five billion six hundred million pesos (Php5,600,000,000.00) is hereby appropriated for Phase 1 of the implementation of this Section to assist the DepEd in the implementation of its Digital Education, Information Technology (IT) and Digital Infrastructure and Alternative Learning Modalities Program as part of pandemic response and transition to a new normal. This amount is appropriated as follows:
(a) Three billion pesos (Php3,000,000,000.00) to provide laptops for teachers;
(b) One billion two hundred million pesos (Php1,200,000,000.00) to provide mobile and internet allowance to DepEd personnel for the next six months from the effectivity of this Act;
(c) Five hundred million pesos (Php500,000,000.00) to deliver distance learning modalities using DepEd online and broadcast platforms, such as DepEd Commons, DepEd TV and DepEd Radio for the next six months from the effectivity of this Act;
(d) Two hundred million pesos (Php200,000,000.00) to establish radio-based
instruction infrastructure for Last Mile Schools; and
(e) Seven hundred million pesos (Php700,000,000.00) to purchase N95 Masks for
DepEd employees and teachers.
CHAPTER VII
Miscellaneous Provisions
SEC. 29. Sources of Funding. – The herein enumerated subsidy and stimulus measures shall be funded from the following:
(a) 2021 General Appropriations Act (GAA): Provided, That funds for the herein authorized programs, activities and projects shall be sourced primarily from the unprogrammed funds and savings realized from modified, realigned, or reprogrammed allocations for operational expense of any government agency or instrumentality under the Executive Department, including, but not limited to, traveling expenses, supplies and materials, expenses, professional services, general services, advertising expenses, printing and publication expenses, and other maintenance and operating expenses in the 2021 GAA: Provided further, That to fast track economic recovery and pump prime the economy, implementation ready programs, activities, and projects, including programs, activities, and projects that have not yet undergone the procurement process, whether for comprehensive release (FCR) or for later release (FLR), shall not be discontinued and appropriations for such programs, activities and projects shall be immediately released. Provided finally, That programs, activities and projects that have the highest multiplier effect and that promote countryside development, including infrastructure projects, shall be prioritized in the release of appropriations.
Notwithstanding the provisions of this Act, the discontinued programs, activities and projects may be revived at any time after the COVID-19 pandemic has ceased, and notwithstanding the provisions of Republic Act No. 11518 or the “General Appropriations Act of 2021”, may be revived and funded within the next two (2) fiscal years.
(b) Savings pooled pursuant to Republic Act No. 11469, otherwise known as the “Bayanihan to Heal as One Act” and Republic Act No. 11494, as amended, otherwise known as “Bayanihan to Recover as One Act”;
(c) Excess revenue collections in any one of the identified tax or non-tax revenue sources from its corresponding revenue collection target, as provided in the FY 2021 Budget of Expenditures and Sources of Financing (BESF);
(d) New revenue collections or those arising from new tax or non-tax sources which are not part of nor included in the original sources included in the FY 2021 BESF;
(e) Unutilized or unreleased balances in special purpose funds (SPFs): Any unutilized or unreleased balance in special purpose funds (SPFs) shall be considered to have their purpose abandoned during the state of national emergency as declared by the President of the Philippines. All such unspent, unutilized or unreleased money or funds sourced from
SPFs shall be utilized and are hereby appropriated for such measures to address the COVID-
19 situation and to accomplish the declared national policy herein;
(f) Cash, funds, and investments held by any GOCC or any National Government Agency: Notwithstanding any law to the contrary, the President of the Philippines is hereby authorized to allocate cash, funds, investments, including unutilized or unreleased subsidies and transfers, held by any GOCC or any National Government Agency in order to address the
COVID-19 pandemic; and
(g) Unused appropriation for debt servicing: Notwithstanding any law to the contrary, the President of the Philippines may direct the discontinuance of unutilized
automatic appropriations for debt service and available appropriations for redemption of maturing government securities and use the savings generated therefrom to augment the allocation for any item necessary for the purposes identified in this Act. All amounts so reprogrammed, reallocated, or realigned shall be deemed automatically appropriated for the said purposes: Provided, That for interest payments, the savings will be generated from the unused appropriations after actual payment of interest per month as reported by the Bureau of Treasury to the DBM: Provided further, That for principal repayment, the savings will be generated from the funds freed up as a result of a debt exchange by the BTr.
(h) Appropriations for the implementation of this Act are summarized as follows:
SEC. 30. Lifting of Quick Response Fund Cap. – The thirty percent (30%) cap on the amount appropriated for the Quick Response Fund, as provided for in Republic Act No.
10121 or the “Philippine Disaster Risk Reduction and Management Act of 2010”, is hereby lifted during the state of national emergency as declared by the President of the Philippines.
SEC. 31. BSP Provisional Advances. – Notwithstanding Section 89 of Republic Act No. 7653 or “The New Central Bank Act”, as amended, the BSP is hereby authorized to make additional direct provisional advances with or without interest to the National Government to finance expenditures authorized by law that will address and respond to the COVID-19 situation: Provided, That such additional direct provisional advances shall not, in their aggregate, exceed ten percent (10%) of the average income of the National Government for FYs 2018 to 2020: Provided further, That said additional direct provisional advances shall be availed of by the National Government within two (2) years from the effectivity of this Act: Provided furthermore, That the additional direct provisional advances shall be repaid before the end of one (1) year following the date that the National Government received such additional direct provisional advances pursuant to this Act, extendible for another year as the Monetary Board may allow.
SEC. 32. Remittance of GOCC Dividends. – Within ninety (90) days from the
effectivity of this Act, the Secretary of Finance shall draw up and submit to the Joint Executive Legislative Bayanihan Council a report containing the respective annual net earnings of all of government-owned and -controlled corporations (GOCCs) and their respective annual net earnings for Fiscal Year 2020, and quarterly earnings for quarters preceding the effectivity of this Act. The Joint Executive-Legislative Bayanihan Council shall recommend to the President of the Philippines a list of GOCCs that may be mandated to increase their dividend remittances to the government pursuant to Section 5 of Republic Act No. 7656: Provided, That proceeds from the exercise of the power of the President of the Philippines to adjust the percentage of annual net earnings declared by a government-owned or -controlled corporation as dividends to the National Government for the duration of the effectivity of this Act shall be used exclusively to fund the appropriations made in this Act.
SEC. 33. Authority to Withdraw Capital. – Upon the recommendation of the Joint Executive-Legislative Bayanihan Council, the President of the Philippines is hereby authorized, for the duration of the effectivity of this Act, to order the withdrawal capital from
GOCCs: Provided, That the following conditions are satisfied:
(a) The GOCC is overcapitalized and unable to deploy its excess capital;
(b) The GOCC is wholly owned by the National Government;
(c) A withdrawal of capital will not compromise the solvency or operations of the
GOCC; and
(d) There shall be proper consultation with the GOCC before it is included in the list submitted by the Secretary of Finance:
Provided further, That GOCCs created or organized by law to administer real or personal properties or funds held in trust for the use and for the benefit of its members, shall not be covered by this Section.
Proceeds from the exercise of the power of the President of the Philippines under this Section shall be used exclusively to fund the appropriations made in this Act. The power granted under this Section shall be exercised only to the extent necessary to fund the appropriations in this Act.
SEC. 34. Long-term Plan for Economic Resilience. – The NEDA shall submit to Congress a long-term plan for building economic resilience, not later than six (6) months after the effectivity of this Act. The Economic Resilience Plan (ERP) shall include a strategy for measuring and monitoring economic resilience and identification of structural reforms needed to increase the ability of the economy to withstand and recover from shocks. The plan shall include the institutionalization of national measures that account for ecosystem services and natural capital accounting and shall ensure that the totality of government medium-term development plans and projects are well within the capacities to produce materials and services as may be determined by NEDA. The ERP shall include the following:
(a) The required investments in the health care sector in the next ten (10) years to ensure its ability to respond to the health care needs of the population, including emerging infectious diseases similar to COVID-19;
(b) The required investment in digital infrastructure to improve connectivity and access to digital technology to enable Philippine businesses and households to cope with crises and shocks;
(c) The required database to ensure the responsiveness of social protection programs of the government for vulnerable and displaced households during periods of external shocks such as the outbreak of COVID-19; and
(d) The required key climate change adaptation and mitigation investments to operationalize a low emissions and climate-resilient development pathway toward a green economy.
SEC. 35. Creation of the Joint Executive-Legislative Bayanihan Council. – A Joint Executive and Legislative Bayanihan Council is hereby created in order to monitor disbursements under this Act. The Bayanihan Council (Council) shall be tasked with ensuring that interventions are well-targeted to intended beneficiaries and funds are disbursed properly and in a timely manner. The Council shall publicly publish monthly reports on all actions taken under this Act.
SEC. 36. Composition of the Council. – Members of the Council shall include the
President of the Senate, the Speaker of the House of Representatives, seven (7) members of the Cabinet to be designated by the President of the Philippines, one (1) member of the Senate to be designated by the President of the Senate, and three (3) members of the House of Representatives to be designated by the Speaker of the House of Representatives, at least one of whom shall come from the minority.
CHAPTER VIII
Final Provisions
SEC. 37. Reportorial Requirement. — The President of the Philippines every first
Monday of the month, shall submit a monthly report to Congress and to the Commission on Audit (COA) of all acts performed pursuant to this Act.
The terms and conditions of any loan entered into by the government to finance the programs and projects to implement this law shall likewise be included in the Report. For this purpose, all reports and information required under this Act shall be submitted to the Joint Congressional Oversight Committee created under Republic Act No. 11494. The said committee shall determine whether such acts, orders, rules and regulations are within the restrictions provided herein.
SEC. 38. Implementing Rules and Regulations. – The rules and regulations necessary for the effective implementation of this Act shall be issued by the President of the Philippines within fifteen (15) days upon the effectivity of this Act.
SEC. 39. Separability Clause. – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.
SEC. 40. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
SEC. 41. Effectivity. – This Act shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation, until adjournment of the Third Regular Session of the Eighteenth Congress in June 30, 2022.
Approved,
