Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
Second Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
The State, under Article II, Section 18 of the 1987 Constitution,
“affirms labor as a primary social economic force,” thus pledging to “protect
the rights of workers and promote their welfare.” In connection, under
Article XIII, Section 3, the State pledges to give “full protection to labor.”
Hence, in the context of the ongoing pandemic, it is only right that the
government do its utmost in securing the safety and welfare of its own
employees.
In May 2020, the Civil Service Commission (CSC) did in fact work
towards this, in its Resolution No. 2000540 (Revised Interim Guidelines for
Alternative Work Arrangements and Support Mechanisms for Workers in the
Government During the Period of State of National Emergency Due to
COVID-19 Pandemic), which was promulgated on May 7, 2020 and then
circularized via CSC Memorandum Circular No. 10, s. 2020.1 CSC “made
available multiple alternative work arrangements (AWA) that government
agencies can adopt while the entire country is placed under a State of Public
Health
Emergency
due
to
the
coronavirus disease-2019 or COVID-19
pandemic.”2
One of those AWA is working from home:3
Work-from-home (WFH) refers to an output-oriented work arrangement
that
authorizes
the
worker
to
produce
outputs
or
results
and
accomplishments outside of the office. This shall be adopted in areas placed
under Enhanced Community Quarantine (ECQ) by the President. For
agencies in areas placed under General Community Quarantine (GCQ),
3 Id.
2 Id.
1 Civil Service Commission, “CSC sets multiple alternative work arrangements for gov’t
agencies, “ May 7, 2020, available at
http://www.csc.gov.ph/new-updates/1951-csc-sets-multiple-alternative-work-arrangement
s-for-gov%E2%80%99t-agencies.html.
September 23, 2022
2:17 pm
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where public transportation is limited and physical/social distancing in the
workplace is required, WFH is an option.
For areas placed under GCQ, employees aged below 21 and those who are
60
years
old
and
above,
as
well
as
those
with
immunodeficiency,
co-morbidities or other health risk, pregnant women, including those who
reside with the aforementioned, shall be under WFH arrangement, except
when their services are indispensable under the circumstances or when
office work is permitted. (emphasis in the original)
In support of WFH as an AWA, the Department of Information and
Communications Technology (DICT) launched wfh.gov.ph:4
Remote work tools, tips and other learning materials and resources to
enrich digital literacy and build ICT knowledge for people working from
home can now be accessed by government employees at the Department of
Information and Communications Technology’s (DICT) Work from Home
website (wfh.gov.ph).
The website aims to be a resource to help government agencies continue
with their work online for the duration of the public health emergency. It
features content that complements the continuing objective of the recently
concluded National ICT Month 2020 to maximize ICT for the new normal
through various digitalization initiatives, strategies and best practices.
President
Rodrigo
Duterte
is
steadfast
in
his
directives
to
promote
ICT-enabled work arrangements since the enactment of R.A. No. 11165 or
the Telecommuting Act of 2018. After the President’s June 30, 2020
announcement of the new quarantine classifications for the next two weeks,
with the National Capital Region and select provinces remaining under
General Community Quarantine (GCQ), and Cebu City under Enhanced
Community Quarantine (ECQ), it is apparent that telecommuting remains a
strategic alternative for both the public and private sector to consider and
implement.
“The launch of wfh.gov.ph serves to support the President’s agenda of
unhampered and efficient service to the people,” DICT Secretary Gregorio B.
Honasan II said. “We encourage our government employees to visit the
website and find the right resources to help guide them transition into a
remote working lifestyle,” he added.
Among other content, the website features instructions on how government
employees
can
avail
of
various
telecommuting
software
for
video
conferencing, document processing, e-mail, and digital certificates.
It aims to help government employees manage the new virtual working
environment
in
accordance
with
the
Civil
Service
Commission (CSC)
Memorandum
Circular
No.
10,
s.
2020
that
provides
guidelines
for
implementing alternative work arrangements for government employees
affected by the community quarantine.
With these developments, there is no reason why telecommuting for
government employees cannot now be institutionalized. This bill aims to be
4 Gov.ph, “DICT launches wfh.gov.ph to provide telecommuting resources for government
employees,” July 6, 2020, available at
https://dict.gov.ph/dict-launches-wfh-gov-ph-to-provide-telecommuting-resources-for-gove
rnment-employees/.


to government employees what R.A. No. 11165 is to private employees. As
part of the various measures to be proposed, this Bill seeks to: 1) direct
government agencies to lay out their policies and mechanisms for their
employees’ telecommuting; 2) provide for the training needed by employees
for the transition to telecommuting; and 3) set up a reporting system for
monitoring the effect telecommuting has on the productivity/efficiency of
employees.
It is for the foregoing premises that the approval of this Bill is
earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
Second Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos
AN ACT
TO REQUIRE EACH AGENCY OF THE GOVERNMENT TO ESTABLISH
AND IMPLEMENT A POLICY UNDER WHICH EMPLOYEES SHALL BE
AUTHORIZED TO TELECOMMUTE, AND FOR OTHER PURPOSES
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 the “Work from
Home Act.”
SECTION 2. Declaration of Policy. – It is hereby declared the policy of
the State to innovate on certain work practices and promote flexible work
options, especially in times of local and national emergency. As such, under
this
Act,
each
government
agency
shall
be
required
to
establish
telecommuting as a viable work option and for such purpose, implement
policies under which employees of different government agencies shall be
authorized to telecommute.
SECTION 3. Definition of Terms. – For purposes of this Act:
a) Employee
refers to any such person currently employed in any
government agency;
b) Government
agency
refers
to
any
of
the
various
units
of
the
Government, including a department, bureau, office, instrumentality,
or
government-owned
or
controlled
corporations,
or
a
local
government or a distinct unit therein; and
c) Telecommute refers to a work flexibility arrangement, under which an
employee performs the duties and responsibilities of such employee’s
position, and other authorized activities, from an approved worksite
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other than the location from which the employee would otherwise
work. This shall include work from home.
SECTION 4. Government Agencies Telecommuting Requirement. – Not
later than 180 days after the date of enactment of this Act, each government
agency shall establish a policy under which eligible employees of the
government agency may be authorized to telecommute. The government
agency shall determine the eligibility for all employees to participate in
telecommuting, as well as the circumstances under which telecommuting
shall be allowed, and notify the employees of the same: Provided, that an
employee may not telecommute under a policy established under this Act if
the
employee
has
been
officially disciplined for being absent without
permission for more than 5 days in any calendar year, or for violations of
R.A. No. 6713 (“Code of Conduct and Ethical Standards for Public Officials
and Employees”).
The policy described above shall:
a) Ensure that telecommuting does not diminish employee performance
or agency operations;
b) Provide that the agreement for the employee to telecommute shall be
terminated upon notice to the employee if the performance of that
employee does not comply with the established metrics;
c) Not apply to any employee of the department whose official duties
require to be at work on a daily basis, such as direct handling of
secure materials determined to be inappropriate for telecommuting by
the agency head, or on-site activity that cannot be handled remotely
or at an alternate worksite, except in emergency situations as may be
determined by the government agency; and
d) Be incorporated as part of the continuity of operations plan of the
agency in the event of an emergency.
SECTION 5. Guidelines on Purchasing Computer Systems. – Not later
than 180 days after the enactment of this Act, each government agency
shall issue guidelines requiring the purchase of computer systems that
enable
and
support
telecommuting,
unless
the
head
of
the
agency
determined that there is a mission-specific reason not to do so.
SECTION 6. Telecommute Website. – The Department of Information
and
Communications
Technology
(DICT)
shall
maintain
a
central
telecommute
website
which
shall
include
telecommute
links,
announcements, telecommute guidelines developed by the Civil Service
Commission, and other related websites.
SECTION 7. Reports by the Civil Service Commission. - Not later than
18 months after the date of enactment of this Act and on an annual basis
thereafter, the Chairman of the Civil Service Commission, in consultation
with the human resource offices of each government agency, shall:


a) Submit
a
report
addressing
the
telecommute
programs
of each
government agency to:
i)
The
Committee
on
Civil
Service
and
Government
and
Reorganization of the Senate; and
ii)
The Committee on Civil Service and Professional Regulation of
the House of Representatives; and
b) Transmit a copy of the report to the Department of Budget and
Management.
Each report submitted under this subsection shall include:
a) The degree of participation by employees of each government agency
in telecommuting during the period covered by the report and the
degree of participation in each bureau, division, or other major
administrative units of that agency;
b) The method for gathering telecommute schedules in each agency;
c) If the total number of employees telecommuting is 10% higher or
lower than the previous year in any agency, the reasons for the
positive or negative variation;
d) The agency's goal for increasing participation to the extent practicable
or necessary for the next reporting period;
e) An explanation of whether the agency met the goals for the last
reporting period and, if not, what actions are being taken to identify
and eliminate barriers to maximizing telecommute opportunities for
the next reporting period;
f)
An assessment of the progress each agency has made in meeting
agency participation rate goals during the reporting period, and other
agency goals relating to telecommute; and
g) The best practices in agency telecommute programs.
SECTION 8. Reports by Chief Human Resource Officer. - Each year,
the chief human resource officer of each government agency shall submit a
report to the Civil Service Commission on agency management efforts to
promote telecommuting.
SECTION 9. Agency Consultation with the Civil Service Commission.
– Each government agency shall consult with the Civil Service Commission
in developing telecommute policies, including, but not limited to, matters
such as:
a) Policy and policy guidance for telecommuting in the areas of pay and
leave, agency closure, performance management, official worksite,
recruitment and retention, and accommodations for employees with
disabilities; and
b) Appropriate qualitative and quantitative measures and telecommuting
goals.
SECTION 10. Implementing Rules and Regulations. –
The Civil
Service Commission, in consultation with the Department of Information
and Communications Technology, shall issue guidelines not later than 180


days after the enactment of this Act to ensure the adequacy of information
and security protections for information and information systems used while
telecommuting.
SECTION
11.
Appropriations.
–
The
amount
necessary
for
the
implementation of the provisions of this Act shall be charged from the
annual appropriated funding of the respective government agencies covered
by this Act. Thereafter, any such amounts necessary for the effective
implementation of this Act shall be included in the appropriations for each
government agency in the General Appropriations Act.
SECTION 12. Separability Clause. – If any provision of this Act shall
be declared unconstitutional or invalid, such declaration shall not invalidate
other parts thereof which shall remain in full force and effect.
SECTION
13.
Repealing
Clause.
–
All
laws,
executive
orders,
presidential decrees or issuances, letters of instruction, administrative
orders, rules, and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed, amended, or modified accordingly.
SECTION 14. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.
Approved,