SEVENTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES —_) RECENCDO

First Regular Session ) pare, 08 AUG 2016
TIME: m ul An,

HOUSE OF REPRESENTATIVES, EY: —_

H.No,_2601

| PECSTRATION UNIT

s INDEX-SERMICE

Introduced by Representative Vilma Santos-Recto
6th District of Batangas

AN ACT
EXCLUDING THE PERFORMANCE-BASED BONUS FROM THE COMPUTATION
OF TAXABLE INCOME AMENDING FOR THIS PURPOSE SECTION 32 (B) (7) OF
REPUBLIC ACT NO. 8424, OTHERWISE KNOWN AS THE NATIONAL INTERNAL
REVENUE CODE OF 1997, AS AMENDED

Explanatory Note

Government is a machine whose parts should move in unison towards the attainment of
its strategic goals embodied in its various development plans. This machinery is judged by the
people through its outputs or its delivery of goods and services. However, the best-crafted
strategies and development plans will be unattainable if civil servants are not well compensated.

To systematize monitoring, government evaluates the performance of its agencies as
embodied in three monitoring tools: the Organizational Performance Indicator Framework
(OPIF) by the Department of Budget and Management (DBM), the Strategic Performance
Management System (SPMS) of the Civil Service Commission (CSC) and the Results-Based
Performance Monitoring System (RBPMS) as provided by Executive Order No. 80 issued on
July 20, 2012.

Recognizing that the performance of each agency is the result of the service rendered by
employees, the government deemed it necessary to reward exemplary work through Executive
Order No. 80, Directing the Adoption of a Performance-Based Incentive System for Government
Employees. It provided for the grant of the Performance-Based Bonus (PBB) on top of the
Productivity Enhancement Incentive (PEI). While the PEI is granted to all government
employees across-the-board at the uniform rate of Five Thousand Pesos (P5,000.00) each, the
PBB depends on the rating that the agency received and the employee's performance rating.

With the issuance of Executive Order No. 201 on February 19, 2016, the existing PBB
granted to qualified government personnel, including those in LGUs, shall be enhanced to
strengthen its results orientation, to be given in an amount equivalent to one (1) month basic
salary up to two (2) months basic salary, to be implemented in two (2) phases starting in FY
2017. The PBB shall be subject to the achievement by departments or agencies, including LGUs
and individual employees of their performance targets or commitments and compliance with
good governance and other conditions. The grant of the enhanced PBB shall be based on a
progressive rate system. As the position and responsibility in improving agency performance
becomes higher, so is the amount of PBB.

As formulated, the PBB should be an effective reward for exemplary work. However,
under the Tax Code, it shall be subject to income tax thereby making the reward deceptive. To
grant government employees full recognition and enjoyment of their reward for exemplary
performance, this proposed measure seeks to exclude the PBB granted to qualified government
personnel from the computation of taxable income by amending for the purpose Section 32 (B)
(7) of Republic Act No. 8424, otherwise known as the “National Internal Revenue Code of

HOUSE OF REPRESENTATIVES



1997”, as amended.

‘As a meaningfal reward for employees who walked the extra mile towards the agency
goals and as a motivational tool for employees and agencies rated Poor to improve their
performance, the PBB must be granted in its full amount and should not be subjected to income

tax.

Hence, immediate passage of this bill is earnestly sought.

VILMA SANTOS-RECTO


SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES )

First Regular Session

HOUSE OF REPRESENTATIVES
2601

H.No.

Introduced by Representative Vilma Santos-Recto

6th District of Batangas

AN ACT

EXCLUDING THE PERFORMANCE-BASED BONUS FROM THE COMPUTATION OF TAXABLE
INCOME AMENDING FOR THE PURPOSE SECTION 32 (B) (7) OF REPUBLIC ACT NO. 8424,
OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

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

SECTION 1. Section 32 (B) (7) of Republic No. 8424, otherwise known as the
“National Internal Revenue Code of 1997,” as amended is hereby further amended to read as

follows:

“Sec. 32.

“(A)
“B)

Gross Income. —

General Definition. —x x x

Exclusions from Gross Income. —x xx

“(xxx
“Q)xxx
“G) xxx
“@) xxx
“(xxx
“@)xxx

“a

Miscellaneous items. -
“@xxx

“(b) xxx

“(@)xxx

“@) xxx

“(e) xxx

“(F) PERFORMANCE-BASED BONUS
(PBB) GRANTED TO QUALIFIED
GOVERNMENT PERSONNEL;

“G [AH] xxx

“HD [(g)] xxx


Sewer dAHkYUne

“@ [@)] xxx.”

SEC. 2. Implementing Rules and Regulations. ~The Department of Finance (DoF),
Bureau of Internal Revenue (BIR), and Civil Service Commission (CSC) shall promulgate not
later that thirty (30) days upon the effectivity of this Act the necessary rules and regulations for
its effective implementation.

SEC. 3. Repealing Clause. -All other laws, decrees, orders, issuances and rules and
regulations or parts thereof inconsistent with this Act are hereby amended or repealed
accordingly.

SEC. 4. Effectivity. - This Act shail take effect fifteen (15) days after its publication either in the Official
Gazette or in at least two Q) newspapers: of general circulation.

Approved,