Republic of the Philippines Ki REPRESS
HOUSE OF REPRESENTATIVES

Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No._3610

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

AN ACT AMENDING REPUBLIC ACT NO. 7305, OTHERWISE KNOWN
AS THE “MAGNA CARTA OF PUBLIC HEALTH WORKERS"

EXPLANATORY NOTE

This measure is filed with the strong endorsement of the National DOH Employees
Association (NADEA), representing the collective voice of thousands of public health
workers nationwide

‘The Magna Carta for Public Health Workers! was enacted 33 years ago with the
primary objective of promoting and improving the social and economic well-being of
health workers, as well as enhancing their living and working conditions and terms of
employment. Among its provisions, the law mandated the payment of various benefits
and allowances, including night shift differential, hazard pay, subsistence allowance,
and laundry allowance, among others.

However, the nominal amounts prescribed in the law have remained unchanged for
three decades, despite shifts in economic conditions and the steady rise in the cost of
living? Consequently, the real value of these benefits has been significantly
diminished, undermining the very intent of the law to safeguard the welfare of public
health workers.

This proposed amendment seeks to address this long-standing gap by increasing the
nominal amounts of the mandated benefits, thereby ensuring improved living
conditions and greater financial security for our public health workers, particularly
crucial as the nation continues to navigate the socioeconomic effects of the COVID-19
pandemic.>

The bill likewise expands the definition of “health worker” to include those deployed
beyond traditional health facilities, such as personnel assigned to health offices, State
Universities and Colleges, Government-Owned and Controlled Corporations, Local
Government Units, and other relevant institutions. This expansion is projected to
benefit approximately 150,000 health workers in the public sector.

" Supreme Court e-library information at your fingertips. RSS. (nd.)
htps:/elibrary judiciary gov.phithebookshelffshowdocs/2/3194

? Increased by 178.2% based on 1992 CPI (45.9) and 2025 CPI (127.7). The CPI of 1992 and 2025
was based on 2018 = 100
5 Elbehri, A., Temel, T., Burcu Ceylan, F., Mittal, S., Kularatne, D. and Dawe, D., 2022.
COVID-19 pandemic impacts on Asia and the Pacific: A regional review of socioeconomic,
agrifood and nutrition impacts and policy responses. Food & Agricutture Org,

“AN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.
‘As we endeavor to close the gaps in our public health system and strengthen the delivery of
healthcare services, our health workers should be compensated with not only a living wage but
also with benefits sufficient to sustain their well-being and ensure dignity in their service to
the Filipino people.*

Given the foregoing, the immediate passage of this measure is eamestly sought

Hon, Edwin'Led}stia Cruzado, M.D.
Representative, Ift Ipistrict of Cotabato

+ Henderson, L.N. and Tulloch, J., 2008. Incentives for retaining and motivating health workers in
Pacific and Asian countries. Human resources for health, 6(1), p.18.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3610

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

AN ACT AMENDING REPUBLIC ACT NO. 7305, OTHERWISE KNOWN AS THE
“MAGNA CARTA OF PUBLIC HEALTH WORKERS"

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

Section 1. Section 3 of Republic Act No. 7305 is hereby amended to read as follows:

"Section 3. Definition. - For purposes of this Act, "health workers” shall mean all
persons who are engaged in health and health-related work, such as resident physicians,
nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives, attendants and all other hospital or
clinic personnel and all persons employed in all hospitals, sanitaria, treatment, and
rehabilitation centers, health centers, rural health units, barangay health stations,
clinics, health offices, agencies attached to the Department of Health and other
health-related establishments owned and operated by the Government or its political
subdivisions with original charters and shall include medical, allied health
professionals, administrative and support personnel employed _ regardless of their
employment status in national government agencies (NGAs), including state
universities and colleges (SUCs), government-owned and controlled corporations
(GOCCs), government financial institutions (GFls) and local government units (LGUs)
holding permanent or temporary status, casual or contractual, including those whose
salaries are charged against personnel services (PS) lump sum appropriation
rendering services on full time or part time basis and whose positions are covered, or
otherwise by Republic Act 6758.”

Section 2. Section 9 of Republic Act No. 7305 is hereby amended to read as follows:

“Section. 9. Discrimination Prohibited. - A Public Health Worker (PHW) shall not be
discriminated against with regard to political or religious affiliations, sex, sexual
orientation and gender identity, civil status, age, disability, or ethnicity in the exercise
of his or her profession.”

Section 3. Section 11 of Republic Act No. 7305 is hereby amended to read as follows:

“Section. 11. Administrative Charges. - Administrative charges against a national
public health worker shall be heard by a committee or officer designated by the
disciplining authority, or its delegated officer, or officers under its jurisdiction,
following Executive Order 292, its implementing rules and regulations, and other
pertinent civil service laws, rules, and regulations


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

For local public health workers, administrative charges shall be heard by a committee
or officer created or designated by the Provincial or City Health Board, following
pertinent rules and regulations.

The committee or hearing officer shall submit a recommendation to the appropriate
disciplining authority within thirty (30) days from the termination of the investigation
and hearings.

Where the provincial health officer or head of health facilities has been determined to
be an interested party, the members of the committee or the designated officer shall be
appointed by the Secretary of Health.”

Section 4. Section 18 of Republic Act No. 7305 is hereby amended to read as follows:

“Section 18, Night Shift Differential. - (a) Every public health worker shall be paid a
night shift differential of twenty percent (20%) of his/her regular wage for each hour
of work performed during the night-shifts customarily adopted by hospitals, sanitaria,
treatment and rehabilitation centers, birthing clinics and other health _ facilities
operating in a 24/7 shift and during calamities, disasters and public health
emergencies. (b) Every health 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 twenty percent (20%) of such overtime rate
for each hour of work performed between six (6) o'clock in the evening to six (6)
o'clock in the morning: provided, that the foregoing rules on night shift differential
shall be subject to the provisions of r.a. 11701 or an act granting night shift differential
pay to government employees including those in government-owned or -controlled
corporations and its rules and regulations.”

Section 5. Section 21 of Republic Act No. 7305 is hereby amended to read as follows:

“Section 21. Hazard Allowance. - By the nature of their work, which subject them
to health hazards and occupational risks, all public health workers regardless of the
degree of their exposure to such hazards and risks shall be entitled to a monthly hazard
allowance of Twenty Five Percent (25%) of their basic monthly salary across the board
without prejudice to increase of this amount as may be warranted in the future by the
Secretary of Health.”

Section 6. Section 22 of Republic Act No. 7305 is hereby amended to read as follows:


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.__

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

“Section 22. Subsistence Allowance. - All Public Health Workers shall be entitled to
full subsistence allowance, which shall not be less than Three Hundred Pesos (PhP
350,00) per day for rendering actual services. Provided that after one (1) year from the
effectivity of this Act, it shall be increased to four Hundred Pesos (PhP 400.00)
Provided further, that after two (2) years from the effectivity of this Act, it shall be
increased 10 Five Hundred Pesos (PhP 500.00). Provided finally, that it shall be
reviewed every three (3) years and may be further increased by the Secretary of Health,
in consultation with the Management-Health Workers’ Consultative Councils.”

Section 7. Section 24 of Republic Act No. 7305 is hereby amended to read as follows:

“Section. 24. Laundry Allowance. - All Public Health workers who are required to
wear uniforms regularly shall be entitled to a laundry allowance equivalent to One
Thousand Pesos (Php 1,000.00) per month and shall be increased based on the
prevailing economic circumstances as may be warranted in the future by the Secretary
of Health in consultation with the Management-Health Workers Consultative
Council.”

Section 8. Insert a new section on tax exemption to read as follows:

“Section xxx. Tax Exemption.—T he hazard allowance, subsistence allowance, and
laundry allowance received by covered public health workers under this act shall
be exempt from application of income tax.”

Section 9. Section 34 (B) of Republic Act No. 7305 is hereby amended to read as follows:

XXX

“b.) opportunity for health workers to grow and develop their potential and
experience a sense of worth and dignity in their work. Public health workers who
undertake relevant post-graduate studies in a degree course shall be entitled for an
upgrade in position or promotion, or a raise in pay: Provided, That it shall not be more
often than every two (2) years: Provided, further, That upon promotion to a higher
position, the public health worker shall carry over and retain the step increment in the
position held before the upgrade in position or promotion, or a raise in pay.”

XXX

Section 10. Section 35 of Republic Act No. 7305 is hereby amended to read as follows:


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

“Section 35. Rules and Regulations. - The Secretary of Health, after consultation
with appropriate agencies of the Government as well as accredited professional and
health workers’ organizations or unions, shall formulate and prepare the necessary rules
and regulations to implement the provisions of this Act, which shall take effect thirty
(30) days after publication in a newspaper of general circulation.”

Section 11. Section 40 to read as follows:

“Section 40. Incentives for Length of Service and Post Graduate Degree Completion
There shall be one salary step increment for every post graduate degree completion
of PHW, provided that the post graduate degree is completed during employment as
PHW. The one salary step increment shall be carried over during transfer and
promotion, provided further that the one salary step increment shall not be more often
than every two (2) years

The grant of step increment due to length of service shall be granted in addition to the
longevity pay of PHW, provided that it shall be based on the salary grade allocation of
the position in the applicable salary schedule for the NGA, GOCC, or LGU concerned

There shall be no step increment for PHW already at step 8 or the last step of the salary
schedule for the grant of longevity pay, length of service, and post graduate degree
completion.”

In effect, renumbering the following as

“SEC. 41. 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. 42. 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. 43. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.”

Section 12. Section 36 of Republic Act No. 7305 is hereby amended to read as follows:

“Section. 36. Periodic Review of the Magna Carta - All provisions with monetary
implications shall be reviewed by the Council periodically to be recommended to the
Secretary of Health for approval in consultation with the appropriate government


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.

Introduced by Honorable Dr. Edwin Ledesma Cruzado, M.D.

163 agencies concemed under existing laws, rules, and regulations. and prevailing
164 practices.”
165

166 Section 13. Section 38 of Republic Act No. 7305 is hereby repealed, and a new Section 38
167 _ shall be inserted as follows:

168

169 “Section. 38. Budget Estimates. - For National Government Agencies (NGAs)
170 including SUCs

1

In ‘The amounts required to pay Magna Carta benefits shall be charged against the
13 respective agency’s appropriations or budget. The payment benefits of the Magna Carta
174 for public health workers in the government shall be charged to the appropriations
175 authorized in the General Appropriations Act (GAA). Augmentation thereof from any
176 available savings of the agency shall be subject to the approval of the DBM.

177

178 The Magna Carta benefits for contractual and casual personnel shall be charged against
179 the respective agency lump sum appropriations from which their salaries or wages are
180 drawn. For GOCCs and GFls, the amounts required shall be charged against their
181 respective corporate funds in the approved corporate operating budget.”

182

183 Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional,
184 the remainder of this Act or any provision not affected thereby shall remain in force and effect.
185

186 Section 15. Repealing Clause. - All laws, presidential decrees, executive orders, and their
187 implementing rules, inconsistent with the provisions of this Act are hereby repealed, amended,
188 or modified accordingly.

189

190 Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
191 Official Gazette and a newspaper of general circulation.

192

193 Approved,