Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3850

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,

GABRIELA Women’s Party Rep. ARLENE D. BROSAS,

and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
INCREASING THE PUBLIC HEALTH EMERGENCY BENEFITS OF THE
HEALTH CARE AND NON-HEALTH CARE WORKERS, AND FOR OTHER
PURPOSES, AMENDING FOR THE PURPOSE REPUBLIC ACT 11712,
OTHERWISE KNOWN AS THE “PUBLIC HEALTH EMERGENCY BENEFITS
AND ALLOWANCES FOR HEALTH CARE WORKERS ACT”

EXPLANATORY NOTE

While caring for the Filipino people amid the raging COVID-19 pandemic and the
country’s public health crisis, thousands of health workers got infected with the viral
disease. Health workers relentlessly provide health services to the Filipino people despite
all the hazards—threat of getting infected, lack of personal PPEs, low wages and benefits
and inhumane working conditions.

Health workers have aired their grievances again and again over limited and
substandard personal protective equipment (PPE) and the lack of personnel, facilities,
medicines, and medical supplies. With the militaristic yet failed pandemic response of the
Duterte administration, the health workers asked for “timeout” in August 2020 to slow
down the spread of COVID-19 and provide them a breathing space in the fight against the
pandemic.


‘The special risk allowance and active hazard duty pay initially provided to the health
workers are insufficient and limited. Pursuant to Administrative Orders 35 and 36 signed
by President Rodrigo Duterte, public and private health workers are entitled to a special
risk allowance not exceeding P5,000 only while the frontline human resources for health
are entitled to active hazard duty pay not exceeding P3,000 only. These amounts are a far
cry from the health workers” demand: P15,000 special risk allowance and P5,000 active
hazard duty pay for all health workers.

Moreover, based on DOH Memorandum 2021-0221, only public health workers
catering to COVID-19 patients or providing COVID-19 healthcare response during the
state of national emergency, medical and allied professionals, and administrative and
support personnel are entitled to hazard pay, subsistence and laundry allowance. The
Memorandum explicitly excluded “healthcare workers hired without employer-employee
relationship.” including the contractual workers employed through job orders, contracts of
service, and other similar arrangements. Health workers who do not directly cater to
COVID-19 patients and do not perform COVID-19-related health services are not given
the benefits despite being at risk of getting infected by the viral disease while providing
healthcare services to the people.

This Bill was first filed as House Bill 9640 during the 18 Congress by Bayan Muna
Party-List Reps, Carlos Zarate, Ferdinand Gaite and Eufemia Cullamat, ACT Teachers
Party-List Rep. France Castro, Gabriela Women’s Party Rep. Arlene Brosas and Kabataan
Partylist Rep. Sarah Elago. It was passed on Third Reading by the House of the
Representatives, and was signed into law as Republic Act 11712 or the Public Health
Emergency Benefits and Allowances for Health Care Workers Act on April 27, 2022.

Republic Act 11712 institutionalized the benefits for the health workers during a
public health emergency, unifying the special risk allowance and active hazard duty pay
into the “Health Emergency Allowance” or HEA. RA 11712 retained the risk exposure
categorization of health workers, under which P3,000, P6,000 and P9,000 will be granted
to those deployed in low, medium risk, and high risk areas, respectively.

But, as health care and non-health care workers would attest, there is no such thing.
as “low, medium, or high risk” in health care facilities amid a public health emergency
such as a pandemic—all are at risk of getting infected by the disease while in the line of
duty, whether they are in a COVID-ward or not, or whether they travel to the hospital or
are staying within the vicinity (c.g. off-site dormitories). Such a system of granting benefits
based on the “level of exposure” necessitates health and non-health workers to prove the
risk they are exposed to before they can qualify for the benefits—a neoliberal tool of cost-
cutting while disregarding the health, safety and priceless sacrifices of our health care
providers.



No amount of benefits could measure up to the invaluable services provided by our
health care providers in times of public health emergencies like the COVID-19 pandemic.
Yet, as recognition of the crucial roles and contributions of the health workers amid the
public health emergency, this Bill seeks to increase the public health emergency benefits
received by health care and non-health care workers, exempt these benefits from income
tax, ensure the grant to all health workers including non-regular workers, and remove the
risk categorization, among others.

Let us not allow the efforts and sacrifices of our health workers to be just tokenly
appreciated and recognized. Let us not allow our health workers to be further demoralized
and frustrated and seck better paying jobs abroad and elsewhere. Let us give them the
recognition and benefits they rightfully deserve.

Thus, immediate passage of this Bill is earnestly sought.

Rep. FRANCE\T. CASTRO
ACK Teachety Party-List

a
Rep. ARHENE D. BROSAS Rep. RAOUL DANNIBL A. MANUEL
GABRIELA Women's Party KABATAAN Péfrty-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

INETEENTH CONGRESS,
First Regular Session

HOUSE BILL No. 3850

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. RAOUL DANNIEL A. MANUEL

AN ACT
INCREASING THE PUBLIC HEALTH EMERGENCY BENEFITS OF THE
HEALTH CARE AND NON-HEALTH CARE WORKERS, AND FOR OTHER
PURPOSES, AMENDING FOR THE PURPOSE REPUBLIC ACT 11712,
OTHERWISE KNOWN AS THE “PUBLIC HEALTH EMERGENCY BENEFITS
AND ALLOWANCES FOR HEALTH CARE WORKERS ACT”

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines
in Congress assembled.

SECTION 1. Section 3 of Republic Act 11712. otherwise known as the “Public Health
Emergency Benefits and Allowances for Health Care Workers Act” is hereby amended to
read as follows:

(a) Health facilities

x x x For purposes of this Act. health facilities and other health related
establishments shall refer to those duly licensed or designated by the
Department of Health (DOH). including the DOH-Central Office. Centers
for Health Development (CHD). Provincial/City/Municipal Health Offices.
GOVERNMENT-OWNED AND -CONTROLLED CORPORATIONS
(GOCCS), and Local Government Health Offices. x x x



(b) Health care and non-health care workers shall refer to all REGULAR
AND NON-REGULAR public and private medical, allied medical,
administrative, technical, support and other necessary personnel employed
by, and assigned in hospitals, health facilities, laboratories, medical or
temporary treatment and monitoring facilities, or vaccination sites. x x x

[(d) Risk exposure categorization shall refer to the following levels if
exposure:

(1) Low risk exposure — health workers performing administrative duties
in non-public areas of health facilities, away from other staff members
or away from patients, otherwise known as “clean areas”;

(2) Medium risk exposure — health workers within the health facility that
are providing direct physical care to the general public who are not
known or suspected COVID-19 patients and working at busy staff
work areas within a health facility; and

(3) High risk exposure — health workers entering a COVID-19 patient’s
room to directly provide for patients involving aerosol-generating
procedures such as intubation, cough induction procedures,
bronchoscopies, dental procedures and exams, or invasive specimens
from known or suspected COVID-19 patients.

Provided, That for purposes of future public health emergencies, the DOH
may formulate a new risk exposure categorization.]

SEC. 2. Section 5 of RA 11712 is hereby amended to read as follows:
SEC. 5 Grant of Health Emergency Allowance, Compensation Package and

Other Benefits. — The national government shall grant the following benefits
to covered individuals under Section 4 hereof:

(a) Health emergency allowance (HEA) for every month of service
during the state of public health emergency [based on the risk
exposure categorization as defined in this Act, as follows:

(1) Those deployed in “low risk areas” shall be given at least Three
thousand pesos (P3,000.00);

(2) Those deployed in “medium risk areas” shall be given at least
thousand pesos (P6,000.00); and



(3) Those deployed in “high risk areas”
thousand pesos (P9.000.00).]

hall be given at least Nine

ALL HEALTH CARE AND NON-HEALTH CARE WORKERS
SHALL BE GIVEN AT LEAST TWENTY THOUSAND PESOS
(P20,000.00). Provided, That the HEA shall be released monthly in
addition to the existing benefits that the health care and non-health
care workers receive: |Provided, further, That the HEA shall be
released in full if a health care worker or non-health care worker
physically renders services for at least ninety-six (96) hours in a
month; otherwise. the benefit shall be prorated] PROVIDED,
FURTHER, THAT THE DEPARTMENT OF HEALTH SHALL,
IN COORDINATION WITH THE DEPARTMENT OF LABOR
AND EMPLOYMENT AND IN CONSULTATION WITH
HEALTH CARE WORKERS AND OTHER STAKEHOLDERS,
CONDUCT A PERIODIC REVIEW OF THE HEA AND,
WHEN NECESSARY, ADJUST THE AMOUNT THEREOF:
PROVIDED, FINALLY, THAT IN NO CASE SHALL THE
REVIEWED AMOUNT BE LOWER THAN THE EXISTING
RATES.

XXX

(c) Full PhilHealth coverage for direct health care costs of
hospitalized health care and non-health care workers due to COVID-
19.

For future national public health emergencies, PhilHealth
coverage for direct health care costs of hospitalized health care and
non-health care workers shall be subject to [fund availability and] the
Health Technology Council (MTAC) assessment and
recommendation.

(a) FREE [Rjregular testing of health care and non-health care
workers, AT LEAST FOURTEEN (14) DAYS OR as often as
necessary, which shall be fully covered by __ the
[PhilHealth]EMPLOYER.

SEC. 3. Exemption from Income Taxation of Benefits under the Public Health
Emergency Benefits and Allowances for Health Care Workers Act. — A new Section 6
shall be inserted after Section 5 of RA 11712. The succeeding Sections shall be
renumbered accordingly.

6


SECTION 6. EXEMPTION FROM INCOME TAXATION OF
BENEFITS UNDER THIS ACT. - ALL AMOUNTS GRANTED TO
HEALTH CARE WORKERS UNDER THIS ACT SHALL NOT BE
INCLUDED IN THE COMPUTATION OF GROSS INCOME AND
SHALL BE EXEMPT FROM INCOME TAXATION.

SEC. 4, Section 9 of RA 11712 shall be amended as follows:

SEC. [9]10 Appropriations. - THE AMOUNT OF FOUR HUNDRED
FIFTY BILLION PESOS (P450,000,000,000.00) FOR FISCAL YEAR
2022 IS HEREBY APPROPRIATED FOR THE PAYMENT OF
COVID-19 BENEFITS FOR ALL HEALTH WORKERS COVERED
UNDER THIS ACT. x x x Provided, That unreleased appropriations and
unobligated allotments for [infrastructure and] social [assistance projects]
SERVICES shall not be discontinued, reprogrammed, reallocated, or
realigned for the above purpose. [Any programs, activities or projects
(P/A/P) declared as savings for this purpose may be revived and proposed
for funding in the subsequent GAAs. as necessary. |

The DBM shall release the funds for the payment of the benefits and
allowances consistent with this Act.

SEC. 5. Separability Clause. — If. for any reason or reasons, any part or provision of this
Act shall be declared as unconstitutional or invalid. the other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.

SEC. 6. Repealing Clause. — All provisions of existing laws. orders, rules and regulations
or parts which are in conflict or inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 7. Effectivity Clause. — This Act shall take effect immediately upon its publication
in the Official Gazette or in at least two (2) newspapers of general circulation in the
Philippines.

Approved.