The freelance industry or gig economy has been burgeoning in recent years, and freelancers have been aplenty in the audio-visual (AV) industry. There are at least 1.5 million freelance AV workers in the country, accounting for 70% of the AV industry. As the Film Development Council of the Philippines (FDCP) has been working closely with the Department of Labor and Employment (DOLE) in ensuring the quality of working conditions of AV workers through Joint Memorandum Circular (JMC) No. 1, the national film agency also bears in mind the welfare of freelance AV workers.

Amid the coronavirus disease 2019 (COVID-19) crisis, FDCP immediately launched two programs under its disaster-triggered funding mechanism called Disaster/Emergency Assistance and Relief (DEAR). FDCP will only activate the DEAR fund when the President of the Republic of the Philippines declares a state of calamity due to a major natural disaster or public health emergency. The DEAR PRESS! program was created for displaced freelance entertainment press members who have abruptly lost work due to the declaration of a state of calamity. Qualified entertainment press workers like editors, writers, and reporters will receive P5,000 as financial aid.

The DEAR ACTION! program is for displaced freelance AV content workers who suddenly lost work or became out of work because of the state of calamity declaration. They must be talents, creatives, actors, singers, dancers, musicians, production and post-production staff, and technical crew members who get paid on a “per day” or “per project” basis. Approved DEAR ACTION! applicants will each receive P8,000 as financial assistance. 

House of Representatives Public Information Committee meeting

FDCP Chairperson/CEO Liza Diño with FDCP Research and Policy staff Rachelle Villaluna and Apple Barbero

FDCP Chairperson and CEO Liza Diño noted, “It is FDCP’s goal to ensure that its stakeholders, including freelance workers, are not left behind. Freelancers may not have direct employers to go to during this public health emergency, but they should be able to run to the government for assistance and support.” In fact, FDCP has lobbied for the welfare of freelancers even before the COVID-19 pandemic. Diño pointed out the plight of freelancers during the House Committee Meeting on providing protection and incentives for freelance workers on February 12 at the Speaker Belmonte Hall, South Wing Annex Building of the House of Representatives in Quezon City. 

According to Diño, there are freelancers who accept jobs, even being subcontracted by foreign companies, without any contract. There is no small claims court for freelancers who do not get their due, and they are left without knowing where to run to because filing a case against a contractor will accrue more expenses. Diño also talked about the DOLE-FDCP JMC No. 1 that is expected to institutionalize systems and good practices in the AV industry, specifying numerous guidelines on working conditions, safety, and health. The FDCP head added that a law on protecting freelancers will surely support the AV industry and further strengthen the JMC No. 1 which is considered to be a landmark agreement in the AV industry.

The House Committee Meeting on freelance workers was based on the proposals of five lawmakers: House Bill (HB) 1527 by Albay 2nd District Rep. Joey Sarte Salceda, HB 2019 by Quezon City 5th District Rep. Alfred Vargas, HB 3219 by House Deputy Speaker Eduardo “Bro. Eddie” Villanueva and Rep. Domingo Rivera of CIBAC Patry-list, and HB 3951 by Pangasinan 4th District Rep. Christopher de Venecia. Diño addressed them, “Salamat po sa ating mga lawmakers for recognizing the important role that our freelance workers play in the creative industry.” 

Sagip Rep. Rodante Marcoleta, FDCP Chairperson/CEO Liza Diño, Ako Bicol Rep. Alfredo Garbin, Jr., Kabayan Rep. Ron Salo, and Anakalusugan Rep. Mike Defensor

FDCP Chairperson/CEO Liza Diño and Pangasinan 4th District Rep. Christopher “Toff” de Venecia

HB 1527 by Rep. Salceda is an Act Protecting Freelance Workers in the Gig Economy Sector while HB 2019 by Rep. Vargas is an Act Providing Protection and Incentives for Freelance Workers. HB 3219 by Rep. Villanueva and Rep. Rivera is an Act Providing Protection to Freelancers, Providing Penalties Therefor and for Other Purposes, and HB 3951 by Rep. de Venecia is an Act Providing Protection and Incentives for Freelancers. The said house bills seek to ensure that freelancers are given a contract per project, timely payment, taxation mechanism, hazard pay, and night differential.

Aside from participating in the House Committee Meeting on freelance workers, Diño has frequented the House of Representatives and other government agencies as various measures are being taken to protect AV workers. Another initiative is House Bill 181, also known as the Eddie Garcia Act, which was filed by House Deputy Speaker and 1-PACMAN Party-list Rep. Michael “Mikee” Romero. The Eddie Garcia Act seeks for the provision of an occupational health and safety act for workers in the industries of film, television, and theater.

FDCP Chairperson/CEO Liza Diño and House Deputy Speaker and 1-PACMAN Rep. Michael “Mikee” Romero

FDCP Chairperson/CEO Liza Diño and Film Academy of the Philippines Director-General Vivan Velez

FDCP Chairperson/CEO Liza Diño and MTRCB Chairperson Rachel Arenas

“While the first three years of FDCP have been about engagement with industry, stakeholders, and partners, initiating programs and establishing mechanisms of support in the entire process of filmmaking from development to exhibition and promotion both locally and internationally,” Diño explained,  “the next three years is about public policies for the audio-visual industry that could provide better systems and standards for its various sectors and closer engagement with different instrumentalities in government leading to a more sustainable industry.”

Additionally, Diño and the FDCP team recently presented the national film agency’s implementation of its mandate and 2019 Accomplishment Report to the House Committee on Public Information. “Ramdam namin na unti-unti nang nagkakaroon ng suporta sa creative industry, especially sa audio-visual sector,” the FDCP Chairperson/CEO stated. She made known her gratitude to the new champions of the film and AV industry, namely Kabayan Party-list Rep. Ron Salo, Anakalusugan Party-list Rep. Mike Defensor, Sagip Party-list Rep. Rodante Marcoleta, and Ako Bicol Rep. Alfredo Garbin, Jr. She then thanked all of the lawmakers who have been supportive of FDCP’s causes. “Thank you for recognizing the challenges and limitations of our mandates and supporting our initiative to strengthen and empower us more so we can further support our audio-visual industry. Hindi namin kayo bibiguin. Mabuhay kayo!”