Republic of the Philippines

Congress of the Philippines f, ZN
Metro Manila f;’ RECEIVED ~\
Seventeenth Congress owe 4 ii
Third Regular Session

HOUSE BILL NO. 8503

Introduced by Honorable Leopoldo N. Bataoil

EXPLANATORY NOTE
This bill seeks to provide for the Magna Carta for Rescue Workers.

Our country always experience severe weather condition and incessant rains brought
about by natural calamity such as typhoons and the Southwest Monsoon that cause massive
flooding and render many roads and bridges impassable in many areas of the country. As a
result thereof, many areas of the country are usually declared under a State of Calamity. In
situation like this, the National Disaster Risk Reduction Management Office (NDRRMO) of
each respective affected area plays a vital role in addressing the needs of the affected
residents, Most of the times, members of the NDRRMO stake their lives to give humanitarian
assistance or save the life of those affected by the calamity.

Under Republic Act 10121 otherwise known as the “Philippine Disaster Risk
Reduction and Management Act of 2010”, the State aims to promote and improve the social
and economic well-being of the rescue workers, their living and working conditions and
terms of employment; develop their skills and capabilities in order that they will be more
responsive and better equipped to deliver lifesaving services and programs; and encourage
those with proper qualifications and excellent abilities to join and remain in government
service

With this bill, only qualified rescue workers will be hired for the position, Those
employed will be given living and working conditions commensurate to the services they
render in the performance of their duties. They will be given security of tenure and all other
benefits as a government employee

In view thereof, approval of this bill is highly recommended.

AS

EOPOLDO N. BATAOIL



Republic of the Philippines
Congress of the Philippines
Metro Manila

Seventeenth Congress
Third Regular Session

HOUSE BILL'NO. 9508

Introduced by Honorable Leopoldo N. Bataoil

AN ACT

PROVIDING FOR A MAGNA CARTA FOR RESCUE WORKERS AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:,

SECTION 1. Title. - This Act shall be known as the "Magna Carta of Rescue
Workers".

SEC. 2. Statement of Policy.— It shall be the policy of the State to enhance the
implementation of Republic Act 10121 otherwise known as the “Philippine Disaster Risk
Reduction and Management Act of 2010” in enacting measures with special reference to the
welfare of all rescue workers in the country. Towards this end, this Act aims to’

(a) Promote and improve the social and economic well-being of the rescue workers,
their living and working conditions and terms of employment;

(b) Develop their skills and capabilities in order that they will be more responsive and
better equipped to deliver lifesaving services and programs, and

(c) Encourage those with proper qualifications and excellent abilities to join and
remain in government service.

SEC. 3. Recruitment and Qualification. - Recruitment policy and minimum
requirements with respect to the selection and appointment of a rescue worker shall be
developed and implemented by the appropriate government agencies concerned in
accordance with policies and standards of the Civil Service Commission: Provided, That in
the absence of appropriate “eligibles” and it becomes necessary in the public interest to fill up
@ vacancy, @ temporary appointment shall be issued to the person who meets all the
requirements for the position to which he/she is being appointed except the appropriate civil
service eligibility: Provided, further, That such temporary appointment shall not exceed
twelve (12) months nor be less than three (3) months renewal thereafter but that the appointee


may be replaced sooner if (a) qualified civil service eligible becomes available, or (b) the
appointee is found wanting in performance or conduct befitting a government employee.

For purposes of this Act, "Rescue Workers" shall mean all persons who are engaged
in actual rescue and lifesaving-related work employed in government institutions and
agencies and other rescue-related entities owned and operated by the Government or its
political subdivisions

SEC. 4. Performance Evaluation and Merit Promotion. - The National Disaster
Risk Reduction and Management Council, upon consultation with the proper government
agency concemed, as established under Section 31 of this Act, shall prepare a uniform career
and personnel development plan applicable to all public rescue personnel. Such career and
personnel development plan shall include provisions on merit promotion, performance
evaluation, in service training grants, job rotation, and incentive award system.

‘The performance evaluation plan shall consider foremost the improvement of
individual employee efficiency and organizational effectiveness: Provided, That each
employee shall be informed regularly by his/her supervisor of his/her performance
evaluation. The merit promotion plan shall be in consonance with the rules of the Civil
Service Commission.

SEC. 5. Transfer or Geographical Reassignment of Public Rescue Workers.

(a) a transfer is a movement from one position to another which is of equivalent rank, level or
salary without break in service;

(b) a geographical reassignment, hereinafter referred to as "reassignment," is a movement
from one geographical location to another; and

(c)a public rescue worker shall not be transferred and or reassigned, except when made in the
interest of public service, in which case, the employee concemed shall be informed of the
reasons therefore in writing. If the public rescue worker believes that there is no justification
for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service
Commission, which shall cause his/her reassignment to be held in abeyance; Provided, That
no transfer and/or reassignment whatsoever shall be made three (3) months before any local
or national elections: Provided, further, That the necessary expenses of the transfer and/or
reassignment of the public rescue worker and his/her immediate family shall be paid for by
the Government.

SEC. 6. Security of Tenure. - In case of regular employment of public rescue
workers, their services shall not be terminated except for cause provided by law and after due
process: Provided, That if a public rescue worker is found by the Civil Service Commission
to be unjustly dismissed from work, he/she shall be entitled to reinstatement without loss of
seniority rights and to his/her back wages with twelve percent (12%) interest computed from
the time his/her compensation was withheld from his/her salary up to the time of
reinstatement

SEC. 7. Discrimination Prohibited. -A public rescue worker shall not be
discriminated against with regard to gender, civil status, civil status, creed, religious or
political beliefs and ethnic groupings in the exercise of his/her profession.


SEC. 8. Administrative Charges. - Administrative charges against a public rescue
worker shall be heard by a committee composed of the DRRM Officer of the province where
the public rescue worker belongs, as chairperson, a representative of any existing national or
provincial public rescue workers’ organization, as member, and the other is the direct
superior of the public rescue worker. The committee shall submit its findings and
recommendations to the Office of Civil Defense being the Secretariat of the National Disaster
Risk Reduction and Management Council within thirty (30) days from the termination of the
hearings. Where the provincial DRRM officer is an interested party, all the other members of
the committee shall be appointed by the National Disaster Risk Reduction and Management
Council in addition to the representative of any existing national or provincial public rescue
workers’ organization.

SEC. 9. Safeguards in Disciplinary Procedures - In every disciplinary proceeding, the
public rescue worker shall have;

(a) the right to be informed, in writing, of the charges;
(b) the right to full access to the evidence in the case;

(c) the right to defend himself/herself and to be defended by a representative of his/her choice
and/or by his/her organization, and adequate time to prepare his/her defense;

(d) the right to confront witnesses presented against him/her and summon witnesses in his/her
behalf,

(@) the right to appeal to designated authorities;

(f) the right to reimbursement of reasonable expenses incurred in his/her defense in case of
exoneration or dismissal of the charges; and

(g) such other rights that will ensure fairness and impartiality during proceedings.
SEC. 10. Duties and Obligations. - The public rescue worker shall:

(a) perform his/her duty with utmost respect for life; and race, gender, religion, nationality,
party policies, and social standing.

(b) discharge his/her duty humanely with conscience and dignity;
(©) remain rescue ready at all times and is ready to deploy in any kinds of emergencies;
(d) be willing to give himself/herself freely to rescue those in peril.

(e) be disciplined, physically fit and mentally tough, trained and proficient in his/her tasks
and drills

(£) always endeavor to maintain a level of health and fitness consistent with the demands of
the rescue profession.

(g) actively participate in all in-service training and drills that will enhance his/her capacity.
(h) not consume substance, legal or illegal, that could impair his/her vigilance or judgment.

(i) maintain a strong understanding of the emergency procedures at work.


(j) seek out the injured in any emergency and bring them for proper medication.
(k) be a believer that nothing is more rewarding than saving a life.

SEC. 11. Code of Conduct, - Within six (6) months from the approval of this Act, the
National Disaster Risk Reduction and Management Council, upon consultation with other
appropriate agencies, professional and rescue workers’ organization, shall formulate and
prepare a Code of Conduct for Public Rescue Workers, which shall be disseminated as
widely as possible.

SEC. 12. Normal Hours of Work. - The normal hours of wok of any public rescue
worker shall not exceed eight (8) hours a day or forty (40) hours a week. Hours worked shall
include:

(a) all the time during which a public rescue worker is required to be on active duty or to be
at a prescribed workplace; and

(b) all the time during which a public rescue worker is permitted to work. Provided, That the
time when the public rescue worker is place on "On Call” status shall not be considered as
hours worked but shall entitled the public rescue worker to an "On Call!" pay equivalent to
fifty percent (50%) of his/her regular wage. "On Call” status refers to a condition when
public rescue workers are called upon to respond to urgent or immediate need for rescue
assistance or relief work during emergencies such that he/she cannot devote the time for
his/her own use.

SEC. 13. Overtime Work. - Where the exigencies of the service so require, any public
rescue worker may be required to render, service beyond the normal eight (8) hours a day. In
such a case, the workers shall be paid an additional compensation in accordance with existing
laws and prevailing practices.

SEC. 14. Work During Rest Day. -

(a) Where a public rescue worker is made to work on his/her schedule rest day, he/she shall
be paid an additional compensation in accordance with existing laws; and

(b) Where a public rescue worker is made to work on any special holiday he/she shall be paid
an additional compensation in accordance with existing laws. Where such holiday work falls
on the workers’ scheduled rest day, he/she shall be entitled to an additional compensation as
may be provided by existing laws

SEC. 15. Night-Shift Differential. —

(a) Every public rescue worker shall be paid night-shift differential of ten percent (10%) of
his/her regular wage for each hour of work performed during the night-shifts.

(b) Every rescue worker required to work on the period covered after his/her regular schedule
shall be entitled to his/her regular wage plus the regular overtime rate and an additional
amount of ten percent (10%) of such overtime rate for each hour of work performed between
ten (10) o’clock in the evening to six (6) o'clock in the morning.

SEC. 16, Salaries. - In the determination of the salary scale of public rescue workers,
the provisions of Republic Act No. 6758 shall govern


Salary Scale~- Salary Scales of public rescue workers shall be provided progression:
Provided, That the progression from the minimum to maximum of the salary scale shall not
extend over a period of ten (10) years: Provided, further, That the efficiency rating of the
public rescue worker concerned is at least satisfactory.

(a) Equality in Salary Scale - The salary scales of public rescue workers whose salaries are
appropriated by a city, municipality, district, or provincial government shall not be less than
those provided for public rescue workers of the National Government:

(b) Salaries to be Paid in Legal Tender. - Salaries of public rescue workers shall be paid in
legal tender of the Philippines or the equivalent in checks or treasury warrants: Provided,
however, That such checks or treasury warrants shall be convertible to cash in any national,
provincial, city or municipal treasurer’s office or any banking institution operating under the
laws of the Republic of the Philippines.

(c) Deductions Prohibited - No person shall make any deduction whatsoever from the salaries
or public rescue workers except under specific provision of law authorizing such deductions:
Provided, however, That upon written authority executed by the public rescue worker
concerned, (a) lawful dues or fees owing to any organization/association where such public
rescue worker is an officer or member, and (b) premium properly due all insurance policies,
retirement and medicare shall be considered deductible.

SEC. 17. Additional Compensation. - Notwithstanding Section 12 of Republic Act
No. 6758, rescue workers shall receive the following allowances: hazard allowance,
subsistence allowance, longevity pay, laundry allowance and remote assignment allowance.

SEC. 18. Hazard Allowance. - Public rescue workers, who are always exposed to
‘occupational risks or perils to life in the performance of their duties and responsibilities, shall
be compensated hazard allowance equivalent to at least twenty-five percent (25%) of the
‘monthly basic salary of rescue workers receiving salary grade 19 and below, and five percent
(5%) for rescue workers with salary grade 20 and above.

SEC. 19. Subsistence Allowance. - Public rescue workers who are required to render
service in the field during emergencies or calamities in order to make their services available
at any and all times, shall be entitled to full subsistence allowance of three (3) meals which
may be computed in accordance with prevailing circumstances as determined by the National
Disaster Risk Reduction and Management Council in consultation with the Management
Rescue Workers’ Consultative Councils, as established under Section 30 of this Act:

SEC. 20. Longevity Pay. - A monthly longevity pay equivalent to five percent (5%)
of the monthly basic pay shall be paid to a rescue worker for every five (5) years of
continuous, efficient and meritorious services rendered as certified by the chief of office
concemed commencing with the service after the approval of this Act.

SEC. 21. Laundry Allowance. - All public rescue workers who are required to wear
uniforms regularly shall be entitled to laundry allowance equivalent to five hundred pesos
(500.00) per month: Provided, That this rate shall be reviewed periodically and increased
accordingly by the National Disaster Risk Reduction and Management Council in
consultation with the appropriate government agencies concemed taking into account existing
laws and prevailing practices.


SEC. 22, Housing. - All public rescue workers who are in tour of duty and those who,
because of unavoidable circumstances are forced to stay in their offices, shall be entitled to
free living quarters within the office, or if such quarters are not available, shall receive
quarters allowance as may be determined by the National Disaster Risk Reduction and
Management Council and other appropriate government agencies concemed: Provided, That
this rate shall be reviewed periodically and increased accordingly by the National Disaster
Risk Reduction and Management Council in consultation with the appropriate government
agencies concemed.

SEC. 23. Medical Examination. - Compulsory medical examination shall be provided
free of charge to all public rescue workers before entering the service in the Government or
its subdivisions and shall be repeated once a year during the tenure of employment of all
public rescue workers: Provided, That where medical examination shows that medical
treatment and/or hospitalization is necessary for those already in government service, the
treatment and/or hospitalization including medicines shall be provided free either in a
government or a private hospital by the government entity paying the salary of the rescue
worker: Provided, further, That the cost of such medical examination and treatment shall be
included as automatic appropriation in said entity’s annual budget.

SEC. 24. Compensation of Injuries. - Public rescue workers shall be protected against
the consequences of employment injuries in accordance with existing laws. Injuries incurred
while doing overtime work shall be presumed work-connected.

SEC. 25. Leave Benefits for Public Rescue Workers. - Public rescue workers are
entitled to such vacation and sick leaves as provided by existing laws and prevailing
practices: Provided, That in addition to the leave privilege, women rescue workers are
entitled to such matemity leaves provided by existing laws and prevailing
practices: Provided, further, That upon separation of the public rescue workers from services,
they shall be entitled to all accumulated leave credits with pay

SEC. 26. Highest Basic Salary Upon Retirement - Three (3) months prior to the
compulsory retirement, the public rescue worker shall automatically be granted one (1) salary
range or grade higher than his/her basic salary and his/her retirement benefits thereafter,
computed on the basis of his/her highest salary: Provided, That he/she has reached the age
and fulfilled service requirements under existing laws

SEC. 27. Right to Self-Organization. - Public rescue workers shall have the right to
freely form, join or assist organizations or unions for purposes not contrary to law in order to
defend and protect their mutual interests and to obtain redness of their grievances through
peacefull concerned activities.

However, while the State recognizes the right of public rescue workers to organize or
join organization, public rescue workers on-duty cannot declare, stage or join any strike or
cessation of their service in the interest of public welfare and safety.

SEC. 28. Freedom from Interference or Coercion. - It shall be unlawful for any
person to commit any of the following acts of interference or coercion:

(a) to require as a condition of employment that a public rescue worker shall not join a rescue
workers’ organization or union or shall relinquish membership therein;


(b) to discriminate in regard to hiring or tenure of employment or any item or condition of
employment in order to encourage or discourage membership in any rescue workers’
organization or union;

(©) to prevent a rescue worker from carrying out duties laid upon him/her by his/her position
in the organization or union, or to penalize himvher for the action undertaken in such
capacity;

(d) to harness or interfere with the discharge of the functions of the rescue worker when these
are calculated to intimidate or to prevent the performance of his/her duties and
responsibilities; and

(e) to otherwise interfere in the establishment, functioning, or administration of rescue
workers organization or unions through acts designed to place such organization or union
under the control of government authority.

SEC. 29. Consultation With Rescue Worker's Organization. - In the formulation of
national policies governing the social security of public rescue workers, professional and
rescue workers organizations or unions as well as other appropriate government agencies
concemed shall be consulted by the National Disaster Risk Reduction and Management
Council. For this purpose, Management Rescue Worker's Consultative Councils for national,
regional and other appropriate levels shall be established and operationalized.

SEC. 30. Human Resource Development/Management Study. - The National Disaster
Risk Reduction and Management Council shall conduct a periodic human resource
development/management study into, among others, the following areas;

(a) adequacy of facilities and supplies to render quality rescue and lifesaving services to the
client population;

(b) opportunity for rescue workers to grow and develop their potentials and experience a
sense of worth and dignity in their work. Public rescue workers who undertake postgraduate
studies in a degree course shall be entitled to an upgrading in their position or raise in
pay: Provided, That it shall not be more than every two (2) years;

(c) mechanisms for democratic consultation in government institutions,

(4) staffing patterns and standard or health care to ensure that the people receive-quality care
Existing recommendations on staffing and standards of health care shall be immediately and
strictly enforced;

(e) ways and means of enabling the rank-and-file workers to avail of education opportunities
for personal growth and development; and

(£) upgrading of working conditions, reclassification positions and salaries of public rescue
workers to correct disparity vis-a-vis other professions such that positions requiring longer
study to upgrade and given corresponding pay scale; and

g) assessment of the national policy on exportation of skilled rescue human resource to focus
on how these resources could instead be utilized productivity for the country’s needs.


There is hereby created a Congressional Commission Oversight Committee to review
and assess human resource development, particularly on continuing professional education
and training and the other areas described above. The Commission shall be composed of five
(5) members of the House of Representatives and five (5) members of the Senate. It shall be
co-chaired by the chairperson of the Committee on Safety of both houses. It shall render a
report and recommendation to Congress which shall be the basis for policy legislation in the
field of safety. Such a congressional review shall be undertaken once every five (5) years.

SEC. 31. Rules and Regulations. - The National Disaster Risk Reduction and
Management Council after consultation with appropriate agencies of the Government as well
as professional and rescue workers’ organizations or unions, shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this section shall take effect thirty (30) days after publication in a
newspaper of general circulation.

SEC. 32. Prohibition Against Double Recovery of Benefits. -Whenever other laws
provide for the same benefits covered by this Act, the public rescue worker shall have the
option to choose which benefits will be paid to him/her. However, in the event that the
benefits chosen are less than that provided under this Act, the worker shall be paid only the
difference.

SEC. 33. Prohibition Against Elimination and/or Diminution. -Nothing in this law
shall be construed to eliminate or in any way diminish benefits being enjoyed by public
rescue workers at the time of the effectivity of this Act.

SEC. 34. Appropriations. - The amount needed by the National Disaster Risk
Reduction and Management Council shall submit be appropriated from the funds of the
National Treasury not otherwise appropriated. Hereafter such sum as maybe needed for the
continued operation of the NDRRMC shall be included in the annual General Appropriations
Act.

SEC. 36. Penal Provision. - Any person shall willfully interfere with, restrain or
coerce any public rescue worker in the exercise of his/her rights or shall in any manner any
act in violation of any of the provisions of this Act, upon conviction, shall be punished by a
fine of not less than TEN THOUSAND PESOS (P10,000.00) or an imprisonment of not more
than one (1) year and one day or both at the discretion of the court.

If the offender is a public official, the court, in addition to the penalties provided in
the preceding paragraph, may impose the additional penalty of disqualification from office.

SEC. 36. Separability Clause. - If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 37. Repealing Clause. - All laws, presidential decrees, executive orders and
their implementing rules, inconsistent with the provisions of this act are hereby repealed,
amended or modified accordingly.

SEC. 38. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation

Adopted,