Title
Magna Carta for the Poor: Rights and Aid
Law
Republic Act No. 11291
Decision Date
Apr 12, 2019
The Magna Carta of the Poor is a comprehensive Philippine law that aims to uplift the standard of living and quality of life of disadvantaged sectors through area-based, sectoral, and focused interventions, while emphasizing the importance of government partnership and compliance with international obligations.

Law Summary

Key Definitions

  • Basic Sectors: Disadvantaged groups including farmers, fisherfolk, workers, indigenous peoples, women, PWDs, senior citizens, disaster victims, youth, children, urban poor, and cooperatives.
  • Development Partners: NGOs, POs, private organizations involved in poverty alleviation.
  • Hazardous/Danger Zones: Areas unsafe for habitation or business.
  • NGOs and POs: Defined with focus on advocacy and organized self-help groups.
  • Poor: Those below poverty threshold by NEDA or identified by the Multidimensional Poverty Index.
  • National Poverty Reduction Plan and Progressive Realization terms explained.

Fundamental Rights of the Poor

  • The government must progressively realize the following rights:
    • Right to Adequate Food: Access to sufficient, healthy food; mitigation of hunger during disasters; supplementary feeding programs; food self-sufficiency.
    • Right to Decent Work: Access to employment information; 30% skilled labor quota in public projects for poor residents; livelihood promotion; compliance with labor standards; inclusive tripartism.
    • Right to Relevant and Quality Education: Free basic education; accessible higher education with financial assistance; technical-vocational training scholarships.
    • Right to Adequate Housing: Priority for socialized housing; urgent housing for disaster-affected and danger zone families; security of tenure; streamlined processing for socialized housing.
    • Right to the Highest Attainable Standard of Health: Equitable access to quality health care; broad health services including reproductive health and immunization; socialized health insurance to reduce out-of-pocket expenses; community health education.

Preservation of Other Rights

  • Existing legal rights of the poor remain intact.
  • No diminution of rights; the poor may avail greater rights if provided by other laws.

Social Protection System

  • Government shall implement a sustainable social protection system including social insurance, safety nets, social services, and labor market interventions.
  • Social protection to be considered in international negotiations.

Beneficiary Targeting System

  • NEDA oversees a single classification system for identifying beneficiaries.
  • DSWD, NEDA, and NAPC coordinate to identify target beneficiaries.

National Poverty Reduction Plan and Coordination

  • Government agencies must formulate comprehensive poverty reduction plans within 100 days from rule implementation.
  • Plans harmonized by NAPC with technical assistance from NEDA.
  • DBM reviews plans for budget inclusion.

Participation of Basic Sectors and LGUs

  • Basic sectors and LGUs involved in NPRP formulation and implementation.
  • DILG monitors LGUs' compliance with poverty reduction plans.

Funding and Budget Prioritization

  • Funding sourced from General Appropriations Act (GAA) allocations of involved agencies.
  • Agencies listed with their specific programs.
  • Preferential budget consideration mandated.
  • Additional funds for pro-poor programs included in GAA.

Private Sector Participation

  • Private sector encouraged to partner in financing and program implementation.
  • Government agencies authorized to accredit development partners.
  • Transparent acceptance and use of donations subject to regulations.

Tax Exemptions for Donations

  • Donations to NPRP programs exempt from donor’s tax under the National Internal Revenue Code as amended.

Implementation Principle: Progressive Realization

  • Implementation is phased according to available funds.
  • President and Congress have discretion over budget allocations.
  • No requirement for immediate full implementation.

Monitoring and Reporting

  • NAPC oversees and monitors compliance.
  • Biannual reports from agencies submitted to NAPC, then to relevant Senate and House Committees.

Rulemaking

  • NAPC to promulgate implementing rules and regulations within six months of the Act’s effectivity.
  • Consultation with government agencies, LGUs, and basic sectors mandated.

Legal Provisions

  • Separability Clause protects unaffected provisions if any law section is invalidated.
  • Repealing Clause updates or repeals inconsistent laws.
  • Effectivity 15 days after official publication.

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