E
BON

RECEIVED

DATE 06 SEP 2005

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘Twentieth Congress

My S
First Regular Session O IndEXs

HOUSE BILL No._4439

ive Johanne Monich G. Bautista

Introduced by Represent:

EXPLANATORY NOTE

Article 223 (formerly 216) of Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines (Labor Code), as amended by Republic Act No. 9347, provides
that the Chairperson and Commissioners of the National Labor Relations Commission (NLRC)
shall have the same rank, receive an annual salary equivalent to, and be entitled to the same
allowances, retirement, and benefits as those of the Presiding Justice and Associate Justices of
the Court of Appeals (CA), respectively. Moreover, Labor Arbiters shall have the same rank,
receive an annual salary equivalent to and be entitled to the same allowances, retirement, and
other benefits and privileges as those of the Regional Trial Court (RTC) Judges. Meanwhile,
Republic Act No. 9946 grants additional retirement and survivorship benefits to members of
the Judiciary.

However, in 2008, the funding for the retirement benefits of the NLRC officials was
transferred from the Government Service Insurance System (GSIS) to the Department of
Budget and Management. Thereafter, these officials have been denied the equivalent
retirement, survivorship, and other benefits granted to their counterparts in the Judiciary under
Republic Act No. 9946 despite the mandate of Article 223 of the Labor Code, as amended. The
reason for such denial is anchored on the fact that the NLRC is an attached agency under the
Department of Labor and Employment, making it part of the Executive, not the Judiciary, and
therefore not entitled to the benefits granted to members of the Judiciary under Republic Act
‘No. 9946,

This bill seeks to restore the parity intended under Article 223 (formerly 216) of the
Labor Code, as amended; rectify the resulting diminution of benefits to the NLRC officials;
and ensure that the families of the NLRC officials are guaranteed financial security upon their
retirement. The passage of this bill is an act of justice and honoring the crucial service of the
NLRC officials who administer labor justice in our country.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

JO Me Ie G. BAUTISTA

Representative, WRABAHO Party-List

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘Twentieth Congress
First Regular Session

HOUSE BILL NO._4439

Introduced by Representative Johanne Monich G. Bautista

AN ACT GRANTING SURVIVORSHIP AND ALL OTHER ADDITIONAL
BENEFITS, IN PARITY WITH THEIR COUNTERPARTS IN THE JUDICIARY, IN
FAVOR OF THE CHAIRPERSON, COMMISSIONERS, AND LABOR ARBITERS
OF THE NATIONAL LABOR RELATIONS COMMISSION, PROVIDING FUNDS
THEREFOR, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AS
AMENDED, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “National Labor Relations
Commission (NLRC) Survivorship Benefits Act of 2025.”

SECTION 2. Parity in Salaries and Benefits. — Article 223, Chapter I, Title II, Book
Five, of Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines,
as amended by Republic Act No. 9347, is hereby amended to read as follows:

“ART. 223. Salaries, Benefits and Emoluments. - The Chairman and
members of the Commission shall have the same rank, receive an annual salary
equivalent to, and be entitled to the same allowances, retirement and benefits as those
of the Presiding Justice and Associate Justices of the Court of Appeals, respectively.
Labor Arbiters shall have the same rank, receive an annual salary equivalent to, and be
entitled to the same allowances, retirement and other benefits and privileges as those
of the judges of the Regional Trial Courts. THE CHAIRPERSON, MEMBERS OF
THE COMMISSION, AND LABOR ARBITERS SHALL LIKEWISE RECEIVE
SURVIVORSHIP AND OTHER BENEFITS UNDER REPUBLIC ACT NO.
9946, ENTITLED “AN ACT GRANTING ADDITIONAL RETIREMENT,
SURVIVORSHIP, AND OTHER BENEFITS TO MEMBERS OF THE


JUDICIARY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 910, AS
AMENDED, PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES,” GRANTED TO THE MEMBERS OF THE JUDICIARY
EQUIVALENT TO THEIR RANK. THEY SHALL ALSO BE ENTITLED TO.
ALL OTHER ALLOWANCES, RETIREMENT AND OTHER BENEFITS AND
PRIVILEGES GRANTED IN FAVOR OF THE MEMBERS OF JUDICIARY,
CONSTITUTIONAL COMMISSIONS, OR QUASI-JUDICIAL BODIES, AS
MAY HEREINAFTER BE GRANTED BY LAW, RULES, OR REGULATIONS.
In no case, however, shall the provision of this Article result in the diminution of the
existing salaries, allowances and benefits of the aforementioned officials.”

SECTION 3. Appropriations. — The amount necessary for th
implementation of this Act shall be included in the General

tial and continuing
ppropriations Act.

SECTION 4. Separability Clause. — \f, for any reason, any section or provision of this
Act is declared unconstitutional or invalid, the other sections or provisions which are not
affected shall continue to be in full force and effect.

SECTION 5. Repealing Clause. — All laws, executive orders, presidential decrees,
proclamations, rules, regulations, issuances and enactments of parts thereof inconsistent with
this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette or in a newspaper of general circulation in the
Philippines, whichever comes earlier.

Approved,