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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5029

Introduced by HON, EDWARD VERA PEREZ MACEDA and
HON. JOHN MARVIN “YUL SERVO” NIETO

EXPLANATORY NOTE

The late Senator Ernesto Maceda proposed Senate Bill No. 823 in the
Ninth Congress of the Philippines where he espoused the idea of giving
incentives to medical professionals in order to encourage them to work in rural
areas.

He further stated that “{mJany depressed and critical areas in the country
today have. no rural health physicians, dentists, nurses, midwives, x-ray
technicians, medical technologists, nutritionists and aides. Our survey shows that
said situations are common in the provinces of Sulu, Zamboanga, Lanao,
Basilan, Maguindanao, Northern and Western Samar, and Nueva Ecija. We
discovered that these vacancies have even existed for a period ranging from five
(5) to ten (10) years already. We think the principal reason for this is because the
position provides no attractive incentive besides the basic salary.”

Senator Maceda believes that in order to attract applicants for the existing
vacant positions of rural health physicians, dentists, nurses, midwives, x-ray
technicians, medical technologists, nutritionists and aides in the abovementioned
areas, Government should provide a strong incentive like what may be called
“hardship allowances” equivalent to as much as 50% to 100% of the basic salary
without prejudice to any future substantial adjustments in their basic salaries
when the financial conditions of the Government shall have improved.

Section 32 of the Republic Act No. 9173 or the “Philippine Nursing Act of
2002” provided for Salary Grade 15 as entry salary grade for all nurses in the
country, which, sadly, was never implemented. In fact, the salary of nurses in
government service was even reduced to Salary Grade 11 by Executive Order
No. 811 (2009).' The increase provided for by Executive Order No. 201, signed
on February 19, 2016 by President Benigno S. Aquino Ill, is meager and
insufficient. Even the Senate's “Comprehensive Nursing Law of 2015” increasing
the salary of nurses was vetoed by President Benigno S. Aquino Ill in 2016.
Moreover, the health profession is an industry included in the ASEAN integration,
Since the salary of health workers are higher and more competitive in other

http://www. gmanetwork.com/news/story/405762/news/nation/nurse-group-seeks-sc-help-over-
salary-grade-dispute


ASEAN member countries, we will be facing labor migration of our health
professionals to our regional neighbors, despite the surplus in the country?

The Constitution underscores the need to assist and prioritize “the needs
of the underprivileged, sick, elderly, disabled, woman and children.” (Sec. 11, Art
Xill). It is in this spirit that we strongly believe that this Government more than
ever has to assist thousands of sick people, would-be-mothers and especially
infants needing vaccinations who cannot be examined, treated or assisted by
government health officers because they live in far-flung places or in depressed
or critical areas. These are the people who often resort to quack doctors and faith
healers for the solution to their medical problems. The immediate solution of this
problem confronting our poor countrymen undoubtedly demands that legislative
measures along this line should be adopted

Approval of the bill is, therefore, earnestly sought.
‘oe

‘UL SERVO” NIETO

od
ED EREZ MACEDA shel
tative, 4” District of Manila

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5029

Introduced by HON. EDWARD VERA PEREZ MACEDA

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AN ACT
AMENDING REPUBLIC ACT NO. 9173 OR “THE PHILIPPINE NURSING ACT
OF 1991” INCREASING THE SALARY AND PROVIDING ADDITIONAL
BENEFITS TO NURSES AND PUBLIC HEALTH WORKERS

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

SECTION 1. Section 32 of Republic Act No. 9173 is hereby amended to read as
follows:

“Section 32. Salary. — In order to enhance the general welfare,
commitment to service and professionalism of nurses, the minimum base
pay of all nurses working in the public health institutions, whether
nationally— or locally-funded shall not be lower than Salary Grade 15
prescribed under Executive Order No. 201 series of 2015, otherwise
known as the “Salary Standardization Law of 2015” and Twenty-Five
Thousand Pesos (P25,000.00), exclusive of other benefits granted by
this act and by law, for nurses working in private health institutions;
Provided, That for nurses working in local government units,
adjustments to their salaries shall be in accordance with Section 3 of
this Act.

The Secretary of Health is hereby authorized to pay hardship
allowances to physicians, dentists, nurses, mid-wives, x-ray
technicians, medical technologists, nutritionists and aides presently
employed or who may be willing to accept assignments in any
municipality where the positions abovementioned have been vacant
for three (3) years or more.”

SECTION 2. Section 34 of Republic Act No. 9173 is hereby amended to read as
follows:


“Section 34. Incentives, [and] Benefits, and Hardship Allowance. — The
Board of Nursing, in coordination with the Department of Health and other
concerned government agencies, association of hospitals and the
accredited professional organization shall establish an incentive and
benefit system in the form of free hospital care for nurses and their
dependents, scholarship grants and other non-cash benefits. The
government and private hospitals are hereby mandated to maintain the
standard nurse-patient ratio set by the Department of Health, as well as
providing all health workers with all applicable benefits prescribed in
Republic Act No, 7305 or the “Magna Carta of Public Health
Workers”, including overtime pay, night-shift differential, on-call pay,
hazard pay, subsistence allowance, housing facility or housing
allowance, free annual physical examination, and free
hospitalization.

In addition, a hardship allowance is herein provided, in addition to
the existing salary and other emoluments of nurses working in local
government units, which shall be as follows:

a. For such position, which has been vacant for three (3) years but
less than ten (10) years, an amount equivalent to fifty (50%)
percentum of the basic salary.

b. For such position, which has been vacant for ten (10) years or
more than one hundred kilometers from the provincial capital, an
amount equivalent to sixty (60%) percentum to one hundred
(100%) percentum of the basic salary, depending on the distance,
peace and order conditions, length of time the position has been
vacant and the size of the population.

SECTION 3. Appropriation. — immediately upon the effectivity of this Act, the
Secretary of Health shall submit to the Department of Budget and Management
the plantilla of positions for physicians, dentists, nurses, midwives, x-ray
technicians, medical technologists, nutritionists and aides which have not been
filled up for the last three (3) years of more, including the estimated hardship
allowances for each vacant position for health workers, which the Secretary may
grant taking into consideration the guidelines provided in Section 2 hereof.

The amount necessary to implement the provisions of this Act is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated: Provided, That the corresponding amount needed to implement
this Act in subsequent years shall be included in the annual General
Appropriations Act for the Department of Health.

SECTION 4. Rules and Regulations. - The Department of Health and the
Department of Budget and Management shall promulgate the necessary rules
and regulations of the provisions of this Act.

SECTION 5. Penalty. — A fine of not less than Five Hundred Thousand Pesos
(P500,000.00) and/or imprisonment of not less than one (1) year nor more than
two (2) years shall be imposed upon any person violating any provision of this
Act; Provided That, for government agencies, juridical persons, including local
government units or any other entity, the head of the agency and Board of
Directors, or executive officials of the agency, shall assume full responsibility for


violations of this Act; Provided Further, that any nurse found to have been a
victim of violation of any section of this Act shall be entitled to back wages and
full payment of unpaid benefits, as well as interest and attorney's fees if s/he is
forced to litigate his/her claims.

SECTION 6. Separability Clause. — Should any provision of this Act be declared
unconstitutional, the remaining parts not affected thereby shall remain valid and
operational.

SECTION 7. Repealing Clause. — All laws, decrees, letters of instructions,
resolutions, orders, ordinances or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed, amended or modified accordingly

SECTION 8. Effectivity. - This Act shall take effect upon its approval

Approved,