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Republic of the Philippines
HOLTSEOFRFPRF.SENT_A_TIVF,S
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseBi|]No.10£11
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INTRODUCED BY REPRESENTATIVES RALPH W.ENDEL P. TULFO,
]OCET_,YN P. TULFO,. AND ERWTN T. TULFO
AN ACT GRANTING HAZARD PAY T0 PUBLIC PROSECUTORS EXPOSED
TOHAZAP`DOT.TSSITT.TATIONSAITl`TDPEP`FORLh,4INGHAZAP`DOT.SDT.TTIES
RELATED TO ASSIGNED CASES AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Public prosecutors play a vital role in the administration of justice and are
primarily responsible for the preliminary investigation and prosecution of all criminal
cases. According to the Guidelines on the Role of Prosecutors which was adopted on
7September199-0bytheEighthUnitedNationsCongressonthePreventiono-fCrimc
and the Treatment of Offenders, prosecutors are essential agents of the administration
of justice and, as such, shall be able to perform their functions without intimidation,
hindrance, or harassment.
However, in fulfillment of their duties, public prosecutors are placed under
dapLgerous circldmstarTLces involving death threats directed tot,A,7ards themL or, T,^,rorse,
their families. There have been at least 110 lawyers, judges, and prosecutors killed in
the country from 1977 to 2021.1 There are even investigations linking the family of
those  prosecuted  or  those  that  are  imprisoned  or  convicted  themselves  to  these
atrocious crimes.
Article 11, Sec. 5 of the Philippine Constitution declares as a state principle and
policy that, ``The maintenance of peace and urd€r, t}ic protection of life, liberty and
property and promotion of the general welfare are essential for the enjoyment by the
people of the blessings of democracy." Thus, it is imperative that public prosecutors
are a]sn nrotecteci  as mi]fh as thev contribute to the protection and maintenance of
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peace and order.
In this bill, prosecutors who are subject to conduct the inquest, preliminary
investigation,  and  prosecution  of  complex  and  high-profile  crimes  concerning
1  Conde,  Carlos,  "Record  High  Killing of Philippine  Lawyers'',  H}£"flrz  R!.g/!£s  T4'flrfc/I,  15  Mar.  2021,
•nilps.ffiLI-ttl-LLi.`nl-LL-I.Dig/I-te-¢tis/2021/03iHi5/'i-ecoi.t3t-ll:igivl-ki`tlii-L8-p'I-.ilip.Pii-Le-`u-t-ttll-yei-si'


corruption,  dangerous  drugs,  terrorism,  arms  smuggling,  human  trafficking,  and
other crimes  against national  security  and  public  order,  will be  eligible  to  receive
compensation.  Moreover, prosecutors exposed to hazardous  situations will also be
eligible for compensation.
Inasmuch as prosecutors and their families shall be physically protected by the
authorities when their personal safety is threatened as a result of the discharge of
prosecutorial functions as stated in the Guidelines on the Role of Prosecutors, this
proposed legislative measure seeks to provide to all eligible public prosecutors in the
NPS a monthly, non-taxable hazard pay equivalent to 20%  of their basic  monthly
salary.   Providing  hazard   pay  to  public   prosecutors  acknowledges  the  unique
challenges and risks they face in their line of work, boosts morale, and ultimately
contributes to the effective functioning of the justice system.
In view of the foregoing, the urgent passing of this bill is earnestly sought.
2nd District of Quezon City
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
House Bill No. u 1 1
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
|0CELYN P. TULFO, AND ERWIN I. TULFO
1         AN ACT GRANTING HAZARD PAY TO PUBLIC PROSECUTORS EXPOSED
2        TO HAZARDOUS SITUATIONS AND PERFORMING HAZARDOUS DUTIES
3       RET,ATF,D TO ASSIGNED CASES AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House Of Representatives Of tire Philippines in Corlgress
assembled:
4                   SECTION 1. S#orf n`+Zc. -This Act shall be known as the `'Public prosecutors'
5      HazardpayAct''.
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7                   SEC. 2. Deczflr¢f!.o# a/PoJ{.cgr. -It is the policy of the state to maintain peace
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and order, protect life, liberty and propertv, and promote the general welfare of the
people for the enjoyment of the blessings of democracy. To realize this policy, the
State recognizes the indispensable role of the public prosecutors in our criminal
justice system. Towards this end, the State shall provide the necessary support to
ensure  that public  prosecutors  are  properly  compensated  and  insured  as  they
perform their functions.
SIC. 3. Cc}z;cr#gc. - The public prosec'dtcrs of the NatiorLal .Prcscc'dtiorL Scrvicc
of the Department of Justice who are actually performing any of the hazardous
duties and exposed to the conditions enumerated in Section 4 of this Act, as certified
by  the  Secretary  of Justice  or  an  authorized  representative,  are  entitled  to  the
benefits under this Act.
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SEC. 4. H¢z¢rd P¢gr. - A public prosecutor is entitled to hazard pay equivalent
to twenty percent (20%) of the basic monthly salary while in the performance of the
following hazardous duties:
(a) Assigned   to   conduct   the    inquest,    preliminary   investigation,    and
prosecution of cases involving crimes against national security and the law
of rTLations, the furl.damep.tat lai`.7s Of the State, public order, a+n.d those crimes
committed by public officers as defined and penalized under Act No. 3815,
otherwise known as the ``Revised Penal Code", as amended;
(b) Assigned    to   conduct   the    inquest,    preliminary    investigation,    and
prosecution o±-cases involving Republic Act No. 916b, otherwise known as
the '`Comprehensive Dangerous Drugs Act of 2002", as amended; Republic
Act  No.  10591,  otLherT.A,rise  knoT,A,7.il.  as  the  "CompreherLsive  FirearmLs  and
Ammunition  and_ Regulation  Act";  Republic  Act  No.  3019,  otherwise
known  as  the  ``Anti-Graft  and  Corrupt  Practices  Act",  as  amended;
Republic Act No. 9160, otherwise known as the ``Anti-Money Laundering
Act of 2001'', as amended; and Republic Act No. 11479, otherwise known as
the " Anti-Terrorism Act of 2020";
(c) Assigned    to   conduct   the    inquest,    preliminary    investigation,    and
prosecution   of  cases   involving  transnational   crimes,   including  illicit
trafficking   of   narcotic   drugs   and   psychotropic   substances,   money
laundering, terrorism, arms smuggling, trafficking in persons, piracy, and
other crimes with significant impact on the political, economic, and socio-
cultural stability and security Of the country;
(d) Assigned  or  exposed  to  hazardous  situations,  including  assignment in
strife-tom  or  embattled  areas,  distressed  or  isolated  stations,  disease-
infested areas, and areas declared under state of calamity or emergency; and
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1                  (e) Assigned    to   conduct   the   inquest,    preliminary    investigation,    and
2                        prosecutioh of offenders who have been previously convicted of any of the
3                        crimes mentioned in paragraphs (a) to (c) of this section.
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5           S-EC.  5.  Tax  Exemptiori  and  Nan--I)imirmtion  Of  Benef tis.  -  fine  -nazaLrd  pay
6      provided in this Act is not subject to tax and nothing in this  Act is construed to
7      dimirris+h., in ari.y manlner, apLy beri.efit gra.n.ted by existi.11.g lai,^.7s, rules art.d regrlatio.n.s,
8      local ordinances, and other issuances to duly appointed public prosecutors.
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10           SEC. 6. Implementing Rules and Regulations. -Within sixty (60) daLys from the
11      effectivity of this Act, the secretary of Budget and Management and the secretary of
12      Justice shall jointly formulate and issue the guidelines, rules, and reguiatious for the
13      effective implementation of this Act.
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15           SEC. 7. Appropr{.flf±.of!s. -_ The amount necessary for the initial implementation of
16      this Act shall be charged against the current appropriations of the Department of
17      Justice. Thereafter, such sum as may be necessary for the continued implementation
18      of this Act shall be included in the General Appropriations Act.
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20           SEC. 8. Sep¢#flbc.Zt.fgr czfl#sg. -If any provision or part of this Act is declared invalid
21      or unconstitutional, the remaining parts or provisions not affected shall remain in
22      forceandeffect.
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24            SIC.   9.  J{cpcfl/-1-r{g  C/-fl#sc.   -   All   laws,   decrees,  executive   orders,  rules  and
25      regulations, or parts thereof contrary to or inconsistent with the provisions of this Act
25      are amL.erLded, repealed, or mLodi±fied accordiril.gly.
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28            SEC.10. £#ccft.z„.rty czflwsc. -This Act shall take effect fifteen (15) days after its
29      publication in the official Gazette or in a newspaper of general circulation.
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