SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session )

SENATE

s.no, 1793 RECEI.

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING SECTIONS 28, 38 AND 39 OF REPUBLIC ACT NO. 7305,
OTHERWISE KNOWN AS THE “MAGNA CARTA OF PUBLIC HEALTH
WORKERS”

EXPLANATORY NOTE

Article 2, Section 18 of the Constitution provides that, “[t]he State affirms labor
asa primary social economic force. It shall protect the rights of workers and promote
their welfare.” However, the reality of today shows that despite the significant role of
public health workers in the lives of every Filipino, they receive less than what they
truly deserve. It is no secret as well that because of insufficient compensation, our
health workers are among the most underpaid professionals in the Philippines. Thus,
they are either tempted to shift careers or to leave the country and look for other high-

paying opportunities abroad.

According to the Philippine Overseas Employment Agency (POEA), 92,277
nurses have fled the country since 2012, amounting to a total of 19,000 leaving the
Philippines every year. Meanwhile, a CNN Philippines news article, dated 13 October
2016, reported that as of 2016, the country is only producing 2,600 doctors a year,
which results to a ratio of one doctor to 33,000 Filipinos. This is far from the ideal 1 or
1.5 doctor for every 1,000 population recommended by the World Health Organization
(WHO)?

* Hapal, Don Kevin. Why our nurses our leaving. 2 September 2017. Rappler. Retrieved from:
httos://www_rappler.com/move-ph/180918-why-nurses-leave-philippin
2 Cabato, Regine. DOH Secretary: Phlipppines lacks 15,000 doctors. 13 October 2016. CNN news. Retrieved

from: http://cnnphilippines.com/news/2016/10/13/department-of-health-lack-of-doctors.html.
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A report from the Organisation for Economic Co-Operation and Development
(OECD) in 2016 also stated that India and the Philippines were the top two largest
exporters of nurses and doctors in Europe. With this alarming data, the Philippines
is left with an unfortunate reality of having a grossly disproportionate and inadequate
number of health workers in the country thus resulting to an inadequate healthcare
system.

In addition, this meager state of our health workers is further aggravated by the
non-implementation of benefits mandated by the Magna Carta of Public Health
Workers or Republic Act No. 7305 (R.A. No. 7305), such as overtime pay, nightshift
differential, on call pay and hazard pay. According to a 2011 Philippine Institute for
Developmental Studies (PIDS) study, successive governments have failed to fully
provide for the payment of all benefits prescribed in the law. In particular, only the
subsistence allowance and laundry allowances are provided.

One of the problems pointed out by the PIDS is that the law failed to specify
source of funds for payment of all benefits. Section 38 of R.A. No. 7305 merely
provides that budgetary estimates for the succeeding years should be reviewed and
increased accordingly by the Secretary of Health in consultation with DBM and the
Congressional Commission on Health (HEALTHCOM). The creation of the latter body
is mandated under Sec. 34 of the same law. However, the HEALTHCOM is yet to be

convened.

With the above-mentioned myriad challenges faced by our health workers and
the expanse of hardwork and sacrifice that they give, it is therefore imperative that
reforms and regulations be made and adopted by amending and expanding R.A. No.
7305.

This bill aims to protect the welfare of our health workers by providing them
their well-deserved benefits and incentives in accordance with the need to enhance the
general welfare of the people working in the health sector and further develop their

commitment and responsiveness to public service.

> Laguipo, Angela. india is Europe’s Largest Exporter of Doctors and Nurses. 1 January 2016. Tech Times News.
Retrieved from: http://www. techtimes,com/articles/120064/20160101/india-is-europes-largest-exporter-of-
doctors-and-nurses.htm.



A new benefit is added, which is the Public Health Worker Emergency
Compensation, which aims to indemnify public health worker victims immediately
following unfortunate incidents like what happened to Dr. Dreyfuss Perlas, a physician
who was killed while deployed in Lanao Del Norte under the government's Doctors to

Barrios program.+

Aside from increasing penalties of violators, this bill also holds heads of
government-owned hospitals and other public health centers and facilities and Local
Chief executives administratively liable if they willfully circumvent or evade the
provision of benefits for the Public Health Workers.

It is further proposed that the funding be sourced from proceeds of the Sin Tax
Law.

on M.DE te

4 Geronimo, Jee Y. After death of Lanao del Norte doctor, LGUs urged to secure health workers. Rappler. 12

March 2017. Retrieved from: https://www.rappler.com/nation/163967-Iocal-government-units-secure-
health-workers.



SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

18 May -3. All 37

SENATE
1793 ECE. f —

S.NO.

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
AMENDING SECTIONS 28, 38 AND 39 OF REPUBLIC ACT NO. 7305,
OTHERWISE KNOWN AS THE “MAGNA CARTA OF PUBLIC HEALTH
WORKERS”

Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled:

Section 1. Short Title. — This Act shall be known as “Expanded Magna Carta
of Public Health Workers Act of 2018.”

Sec. 2. Section 28 of Republic Act No. 7305 (R.A. 7305) is hereby amended to

read as follows:

“Sec. 28. [Compensation for Injuries] PUBLIC HEALTH WORKER
COMPENSATION. ~ Public health 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.

PUBLIC HEALTH WORKERS AND THEIR FAMILY, AS MAY
BE APPLICABLE, ARE ALSO ENTITLED TO PUBLIC HEALTH
WORKER EMERGENCY COMPENSATION, EQUAL TO ONE
HUNDRED PERCENT (100%) OF SUCH PUBLIC HEALTH
WORKER’S MONTHLY SALARY, IN CASE OF DEATH,
PERMANENT TOTAL DISABILITY, DISMEMBERMENT, LOSS
OF SIGHT, HEARING OR SPEECH INDEMNITY, IF THE
ACCIDENT WAS CAUSED WHILE THE PUBLIC HEALTH
WORKER IS DISCHARGING HIS/HER DUTY ESPECIALLY IF



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THE PUBLIC HEALTH WORKER IS DEPLOYED IN
HOSPITALS, SANITARIA, RURAL HEALTH UNITS, MAIN
HEALTH CENTERS, HEALTH INFIRMARIES, BARANGAY
HEALTH STATIONS, CLINICS AND OTHER HEALTH-
RELATED ESTABLISHMENTS LOCATED IN DIFFICULT
AREAS, STRIFE-TORN OR EMBATTLED AREAS,
DISTRESSED OR ISOLATED STATIONS, PRISON CAMPS,
MENTAL HOSPITALS, RADIATION-EXPOSED CLINICS,
LABORATORIES OR DISEASE-INFESTED AREAS OR IN
AREAS DECLARED UNDER STATE OF CALAMITY OR
EMERGENCY FOR THE DURATION THEREOF WHICH
EXPOSE THEM TO GREAT DANGER, CONTAGION,
RADIATION, VOLCANIC ACTIVITY/ERUPTION,
OCCUPATIONAL RISKS OR PERILS TO LIFE AS
DETERMINED BY THE SECRETARY OF HEALTH OR THE
HEAD OF UNIT WITH THE APPROVAL OF THE SECRETARY
OF HEALTH.”

. Section 38 of R.A. 7305 is hereby amended to read as follows:

“Sec. 38. [Budgetary Estimates. ‘The Seeretary of Health shall submit
annually the neeessary budgetary estimates to implement the provisions:

ofthis Act in staggered basis of implement 3 5
until the totaLof Nine hundred forty-sismiltion six hundred sixty
thousand peses-(P946,664,000-00} is attained -within-five (5) years:
Budgetary-estimates for the-s Jing-years-should-be reviewed -and
eased necordingl-by-the Seeretary-of Health in consultation with the
Department—of Bud; 1M 1 the—Congressional

APPROPRIATIONS. - SUCH AMOUNTS AS MAY BE
NECESSARY TO IMPLEMENT THIS ACT FOR THE CURRENT
YEAR SHALL BE CHARGED AGAINST THE SAVINGS OF THE
DEPARTMENT OF H H. THEREAFTER, THE SUM
NECESSARY FOR THE FULL IMPLEMENTATION OF THIS
ACT SHALL BE SOURCED FROM THE PROCEEDS OF

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REPUBLIC ACT NO. 10351 OR THE SIN TAX LAW IN
ACCORDANCE WITH THE PERTINENT LAWS AND
REGULATIONS.”

Sec. 4. A new Section 38-A is hereby inserted to read as follows:

“SEC. 38-A. BUDGETARY ESTIMATES. - BUDGETARY
ESTIMATES FOR THE SUCCEEDING YEARS SHOULD BE
REVIEWED AND INCREASED ACCORDINGLY BY THE
SEC! ‘ARY OF HEALTH IN CONSULTATION WITH THE
DEPARTMENT OF BUDGET AND MANAGEMENT AND THE
CONGRESSIONAL COMMISSION ON HEALTH
(HEALTHCOM).”

Sec. 5. Section 39 of R.A. 7305 is hereby amended to read as follows:

“Sec. 39. Penal Provision — Any person who shall wilfully interfere
with, restrain or coerce any public health worker in the exercise of
his/her rights or shall in any manner commit any act in violation of
any of the provisions of this Act, upon conviction, shall be punished by
a fine of not less than [Fwenty-theusand-peses-{P20,000-00) but net
more-than-Forty- thousand-peses240,000}] FORTY THOUSAND
PESOS (P40,000.00) BUT NOT MORE THAN EIGHTY
THOUSAND PESOS (P80,000.00) or imprisonment of not more

than (1) year 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.

ALL HOSPITALS, SANITARIA, HEALTH INFIRMARIES,
HEALTH CENTERS, RURAL HEALTH UNITS, BARANGAY
HEALTH STATIONS, CLINICS AND OTHER HEALTH-
RELATED ESTABLISHMENTS OWNED AND OPERATED BY
GOVERNMENT OR ITS POLITICAL SUBDIVISIONS WITH
ORIGINAL CHARTERS THAT WILLFULLY CIRCUMVENT OR
VIOLATE THE LAW TO EVADE PROVISION OF BENEFITS TO
PUBLIC HEALTH WORKERS WILL BE HELD LIABLE, THE



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PERSON DIRECTLY RESPONSIBLE AS WELL AS THE HEAD
OF AGENCY OR THE LOCAL CHIEF EXECTIVE WILL BE
SANCTIONED UNDER ADMINISTRATIVE LAW, CIVIL
SERVICE LAW AND OTHER APPROPRIATE LAWS.”

Sec. 6. Implementing rules. — Within one hundred and eight days (180) days
from the effectivity of this Act, the Department of Health (DOH), the Department
of Interior and Local Government (DILG) and the Department of Budget and
Management (DBM) shall promulgate the necessary rules and regulations to

implement the provisions of this Act.

Sec. 7. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

See. 8. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby
shall continue to be in full force and effect.

Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation

in the Philippines.

Approved,