REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

€1

House Bill No.

Introduced by HONORABLE RAMON JOLO B. REVILLA II,
HONORABLE LANI MERCADO-REVILLA, and
HONORABLE BRYAN B. REVILLA

EXPLANATORY NOTE

This bill seeks to establish a Magna Carta for Public Disaster Risk
Reduction and Management (DRRM) Workers and aims to promote and improve
their socio-economic and psychological well-being. It aims to advance their
working conditions and environment, as well as their terms of employment.
Likewise, it shall further develop their skills and capabilities in order to be more

responsive and better equipped to deliver DRRM services and programs.

The Constitution provides that it is the duty of the State to protect the rights
of workers and promote their welfare. It has been our national policy to maintain
these tenets in all aspects of governance, as shown in various laws and policies

created, implemented, and upheld by all branches of the Government.

As much as we strive to provide ample protection to our workforce and
other labor sectors such as teachers, healthcare workers, engineers and scientists,

there are, however, a growing number of people that provides essential and


continuous delivery of 24/7 public service without having given much attention

to, recognition, and care - our DRRM Workers.

Since the implementation of Republic Act No. 10121, or the “Philippine
Disaster Risk Reduction and Management Act of 2010,” as the legislative anchor
of Disaster Risk Reduction and Management Councils, no legislative measure has

been undertaken to ensure the protection of the DRRM Workers.

Considering our country’s constant exposure to threats from different
hazards such as fire, floods, earthquakes, storm surges, and the challenges
brought by the pandemic, the importance of our DRRM Workers cannot be
undermined. Moreover, their clamor for welfare benefits, or at the very least
hazard pay assistance, has never been louder and more present particularly to
those belonging in the local government as they continue to perform their duties

as frontliners in times of disasters.

In view of the foregoing, the immediate passage of this bill is earnestly

sought.

LAN ypikCano-REVILLA Kf B. REVILLA


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City

TWENTIETH CONGRESS
First Regular Session

81

House Bill No.

Introduced by HONORABLE RAMON JOLO B. REVILLA III,
HONORABLE LANI MERCADO-REVILLA, and
HONORABLE BRYAN B. REVILLA.

AN ACT PROVIDING FOR THE
MAGNA CARTA FOR PUBLIC DISASTER RISK REDUCTION AND.
MANAGEMENT WORKERS

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

Congress assembled:

SECTION 1. Title. — This Act shall be known as the “Magna Carta for
Public Disaster Risk Reduction and Management Workers”.

SEC. 2. Declaration of Policy, — It is hereby declared the policy of the
State to uphold the people’s constitutional rights to life and property by
addressing the root causes of vulnerabilities to disasters, strengthening the
country’s institutional capacity for disaster risk reduction and management, and
building the resilience of local communities to disasters including climate change
impacts. It shall recognize and strengthen the capacities of Local Government

Units (LGUs) and communities in mitigating, preparing for, responding to, and


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recovering from the impact of hazards and disasters. Further, it shall enhance the
implementation of Republic Act No. 10121, otherwise known as the “Philippine
Disaster Risk Reduction and Management Act of 2010” by enacting measures
with special reference to the welfare of all Public Disaster Risk Reduction and
Management Workers in the country.

Towards this end, the State shall promote the socio-economic and
psychological well-being of Public Disaster Risk Reduction and Management
Workers, through the improvement of working conditions, environment, and
terms of employment. It shall promote the development of skills and capabilities
of Public Disaster Risk Reduction and Management Workers for them to be more
responsive and better equipped for the delivery of disaster risk reduction and
management services and programs. It shall also encourage those with proper

qualifications and excellent abilities to join and remain in the government service.

SEC. 3. Definition of Terms. — For purposes of this Act, the following

terms shall mean:

(a) Public Disaster Risk Reduction and Management Workers refers to
persons who engage in the performance of duties covering any or all
Thematic Pillars of Disaster Risk Reduction and Management
(DRRM) which includes Prevention and Mitigation, Preparedness,
Response, and Rehabilitation and Recovery employed by the
government or any of its political subdivisions,
instrumentalities, or agencies. The Public Disaster Risk Reduction
and Management Workers may either be civilian personnel engaged

ina permanent, temporary, contractual, or casual employment or


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engaged in a Contract of Service (COS), Job Order (JO) and such
other appointments, so as their position or designation or actual
work performed involves government service work and those

functions provided hereunder Section 5 of this Act.

SEC. 4. Certification. ~ The National Disaster Risk Reduction and
Management Council (NDRRMC) shall be the certifying body to oversee the
following functions:

(a)

(b)

©)

That the DRRM functions or activities of an agency or LGU are
authorized by law and/or proper authority;

That the positions are part of the authorized staffing of the
organizational units performing the DRRM functions; and

Monitor that the incumbents thereof are actually engaged in DRRM
work.

SEC. 5. Classification of DRRM Activities. — The following DRRM

activities shall be classified according to the risks involved based on the nature

of work or location that they are working in:

(a)

Low Risk DRRM Activities - DRRM activities that subject a Public
DRRM Worker to minimal exposure or lesser degree of occupational
risks or perils to life, such as but not limited, to regular office or
clerical work and those personnel that are not deployed for DRRM

activities in high risk areas; and


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(b) High Risk DRRM Activities - DRRM activities that expose the
Public DRRM Worker to occupational risks to life, such as but not
limited, to search, rescue, and retrieval operations, management of
the dead and missing, rapid damage needs assessment, post-disaster
needs assessment, emergency response activities, post-disaster
activities, health and epidemic/pandemic response operations, and
Low Risk DRRM Activities in high-risk areas such as those Public
DRRM Workers deployed in identified activities under the different
‘Thematic Pillars and in critical areas that are about to be affected, is
affected, and during the early recovery from natural or human-
induced hazards, Such activities shall also cover those that are to be
performed in high-risk areas.

Low Risk DRRM activities shall be considered as high risk DRRM
activities when the same is being performed in an affected area or in areas deemed
high risk, Provided, That the determination of such classification shall be under

the discretion of the respective heads of agencies concerned.

SEC. 6. Recruitment and Qualifications. — Recruitment policy and
minimum requirements with respect to the selection and appointment and/or
assignment of Public DRRM Workers shall be developed by the NDRRMC in
accordance with the policies and standards of the Civil Service Commission
(CSC) and implemented by the respective agencies concerned: Provided, That in
the absence of qualified “eligibles” and it becomes necessary in the public interest
to fill a vacancy, a temporary appointment shall be issued to the person, including
Persons with Disabilities, (PWDs), who meets all the requirements for the
position to which he/she is being appointed except the appropriate civil service
eligibility: Provided further, That such temporary appointment shall not exceed

twelve (12) months nor be less than three (3) months, renewable only once


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thereafter but that the appointee may be replaced sooner if (a) a qualified civil
service eligible becomes available, or (b) the appointee is found wanting in
capacity or delivering poor performance or conduct unbefitting a government

employee.

SEC.7. Disaster Risk Reduction and Management Volunteers. -DRRM
Volunteers shall not be covered by this Act, but shall otherwise be covered by the
Guidelines on Accredited Community Disaster Volunteers (ACDV) and pursuant
to Section 9(0) of RA 10121 and its implementing rules and regulations issued by
the NDRRMC. For those that are not covered by the ACDV Guidelines, their
respective organizations shall provide ample protection to their personnel-

volunteers in consonance with the provisions of this Act.

SEC. 8. Non-Permanent Public DRRM Workers. — Non-permanent
Public DRRM Workers engaged by the Government, such as Job Order, Contract
of Service personnel, and consultants may be provided with such welfare benefits
under Sections 25, 26, and 32 of this Act in relation to the performance of their
duties as premiums thereof should their contracts require or allow the mto provide
services that are deemed high risk in nature. Provided, That the Non-permanent
Public DRRM Worker shall secure a certification from the head of agency or its
duly designated representative that he/she has performed either of the DRRM
functions or activities as provided for under Section 5 of this Act as a requirement

to avail such benefits.

SEC. 9. Performance Evaluation and Merit Promotion. — All concerned
agencies, in consultation under Section 39 of this Act, shall prepare a uniform
career and personne! development plan applicable to all Public DRRM Workers.

Such career and personnel development plan shall include provisions on merit


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promotion, performance evaluation, in-service training grants, job rotation, and

incentive and award system.

‘The performance evaluation plan shall consider foremost the improvement

of individual efficiency and organizational effectiveness: provided, that each

employee shall be informed regularly by his/her supervisor of his/her

performance evaluation.

‘The merit promotion plan shall be in consonance with the rules of the Civil

Service Commission.

SEC. 10. Transfer or Geographical Reassignment of Public DRRM
Workers. — As used in this Act:

a)

(b)

Transfer refers to the movement of an employee from one
organizational unit to another in the same department or agency or
from one department or agency to another which is of equivalent
rank, level, or salary without gap in service. On the other hand, Re-
assignment is a movement of an employee across the organizational
structure within the same department or agency which does not
involve a reduction in rank, level, or salary. A transfer requires an
issuance of appointment while geographical re-assignment does not;

and

A Public DRRM Worker shall not be transferred and/or reassigned,
except when made in the interest of public service, in which case,
the employee concerned shall be informed of the reasons therefore
in writing. If the public DRRM Worker believes that there is no
justification for the transfer and/or reassignment, he/she may appeal


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his/her case to the Civil Service Commission. In case of an appeal,
the transfer/reassignment shall be held in abeyance and shall only
take effect if the appeal is denied: provided, that no transfer and/or
reassignment shall be made for reasons merely of political
affiliation; provided further, that no transfer and/or reassignment
whatsoever shall be made three (3) months before and three (3)
months after any local or national elections: provided furthermore,
that the transfer/reassignment of Public DRRM Workers’ nature of
work shall remain to be DRRM in nature; provided lastly, that the
necessary expenses of the transfer and/or reassignment of the Public
DRRM Worker and his/her immediate family shall be paid for by the

Government.

SEC. 11. Married Public DRRM Workers. — Whenever possible, the
proper authorities shall take steps to enable married couples, both of whom are
Public DRRM Workers, to be employed or assigned in the same LGU or

government agency, but not necessarily in the same office department or division.

SEC. 12. Security of Tenure. —In case of permanent employment of Public
DRRM Workers, their services shall not be terminated, except for cause provided
by law and after duc process: Provided, That if a Public DRRM Worker is found
by the CSC to be unjustly dismissed from work. Public DRRM Worker shall be
entitled to reinstatement without loss of seniority rights and to back wages with
applicable commensurate interest, subject to prevailing laws and policies
computed from the time the compensation was withheld from up to the time of

reinstatement.

SEC. 13. Protection from Discrimination. — Public DRRM Workers shall

be protected from discrimination, regardless of their sex, age, gender, sexual


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orientation, race, ethnicity, pregnancy, physical disability or characteristics, civil
status, creed, religious and political beliefs, or any other status in the exercise of
profession: Provided, That the disability of the Public DRRM Worker shall not
limit the effective performance of the DRRM profession which the Public DRRM

Worker is hired and/or appointed to.

SEC. 14. Duties and Obligations. - The Public DRRM Workers shall:

(a) Perform their duty with utmost respect for life, race, sex, ethnicity,
gender, sexual orientation, religion, nationality, party policies, and

social status;

(b) Discharge their duty humanely with conscience and dignity;

(c) Be duty-ready at all times and prepared to be deployed in any kind
of emergencies and disasters, adhering to all emergency protocols:
Provided, That in the event where the family of the Public DRRM
Worker is directly affected by the disaster, they shall first ensure
their safety and well-being;

(d) Be properly trained and proficient in their assigned position and
tasks;

(©) _ Always endeavor to maintain a level of health and fitness consistent

with the demands of the DRRM profession;

(f) Actively participate in all in-service training, drills, and simulation
exercises that will enhance their capacity in performing their
functions as Public DRRM Workers;


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Be familiar with the Disaster Risk Reduction and Management Plan,
Contingency Plans, and Public Service Continuity Plan of the
agency or LCD to which they are employed or engaged, and
contribute in their Occupational Safety and Health efforts;

Conduct needs assessment as part of risk reduction and planning;
Not consume liquor or any substances, legal or illegal, prior or while
in the performance of duties that could impair their vigilance or

judgement;

Maintain an in-depth understanding of the emergency and DRRM

procedures;

Practice utmost safety and diligence in the performance of duty; and

Always adhere that Disaster Prevention and Mitigation is first and

foremost the most essential and that the same saves lives.

SEC. 15. Code of Conduct, — Within six (6) months from the approval of

this Act, the NDRRMC, upon consultation with the appropriate agencies and

instrumentalities of the government, and appropriate DRRM_ workers!

organizations, shall formulate and prepare a Code of Conduct for Public DRRM

Workers, in consonance with RA 6714 or the “Code of Conduct and Ethical
Standards for Public Officials and Employees,” which shall be disseminated as

widely as possible.

SEC. 16. Administrative Charges. — Administrative charges against a
DRRM Worker shall be heard by a committee created by the agency/office where


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the Public DRRM Worker belongs pursuant to the existing "Revised Rules on

Administrative Cases in the Civil Service (RRACCS

'. The committee shall

submit its findings and recommendations to the head of agency/office within
thirty (30) days from the termination of the hearings.

The Committee shall be appointed by the Head of Agency or LGU and

shall be composed of seven (7) members, including the Chairperson. It shall be

composed of the following:

(a)

(b)

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Second highest ranking official, for NGAs, or Vice-Mayor for

LGUs, or Vice- Governor for Provincial Level, as its Chairperson;

The Head of Human Resource as its Vice-Chairperson;

One (1) Division Chief with a salary grade of not lower than 22;

Two (2) Section Chiefs or employees with salary grade not lower
than 18;

One (1) representative from a recognized Public DRRM Workers!
Association or its equivalent: Provided, That the said representative
also belongs to the agency, in the absence thereof, an employce with

a salary grade of not lower than 18; and

One (1) representative from the legal section or division, or its

equivalent.

‘The Head of Office may reorganize the composition of the Committee in

such cases where one or more members of the Committee is/are the interested


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party or in cases necessary to discharge the functions of the Committee, such as
when the prescribed composition of the Committee cannot be met due to
insufficiency, unavailability, or absence of the position, rank, or office in the
agency. In such a case, the Head of Office shall exercise diligence in choosing the
members in accordance with their ranks or functions consistent with the

prescribed composition.

SEC. 17. Legal Support. - Public DRRM Workers shall be exempted from
any liability as to damage to any property or injury to a person caused in the direct
performance of their duty relative to disaster or emergency response and other
related activities where the same is necessary in order to save lives or properties,
in accordance with Art. 11, Par. 5 of the Revised Penal Code and/or other
applicable laws and issuances. In any case, however, the Public DRRM Worker
shall be afforded with appropriate assistance by their respective agency or LGU
concemed in view that any conflict that may arise shall be resolved amicably or

extra-judicially through commensurate and peaceful means.

In cases where injury or death is involved and a case has been filed against
the Public DRRM Worker, the latter shall be afforded with all possible legal
assistance by the Agency or LGU concemed: Provided, That it is established by
the Public DRRM Worker, through a Sworn Affidavit, that the injury or death
caused is in direct connection of their duty, without any criminal or malicious

intent.

SEC. 18. Safeguards in Disciplinary Procedures. — In every disciplinary
proceeding, the Public DRRM Worker shall have:

(a) The right to be informed, in writing, of the charges;


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(b)

(©)

(d)

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(g)

The right to full access to the evidence in the case;
‘The right to defend oneself and to be defended by a representative
of one's choice and/or by the organization, with adequate time given

to the Public DRRM Worker for the preparation of defense;

The right to confront witnesses presented against the Public DRRM
Worker and summon witnesses in its behalf;

The right to appeal to designated authorities;

The right to reimbursement of reasonable expenses incurred in their

defense in case of exoneration or dismissal of the charges; and

Such other rights that will ensure fairness and impartiality during
proceedings.

SEC. 19. Normal Hours of Work. — The normal hours of work of any
Public DRRM Worker shall not exceed eight (8) hours a day or forty (40) hours

a week.

Hours worked shall include: a) all the time during which a Public DRRM

Worker is required to be on active duty or to be at a prescribed workplace; and
b) All the time during which a Public DRRM Worker is placed in On-Call status:
Provided, That a Public DRRM Worker particularly placed in "On Call” status
shall be entitled to an "On Call’ pay equivalent to fifty percent (50%) of their
regular wage: Provided, further, that no Public DRRM Worker shall be placed
“On Call” status beyond seven (7) days per month.


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"On Call” status refers to a status where a Public DRRM Worker not on
active duty is called upon to respond to urgent or immediate need for response-
related activities relative to emergencies such that the Public DRRM Worker

cannot devote the time for the latter's own use.

SEC. 20. Overtime Work. — Where the exigencies of the service so require,
any Public DRRM Worker may be required to render service beyond the normal
ight (8) hours a day. In such a case, the workers shall be paid an additional
compensation in accordance with existing laws and prevailing practices;
Provided, That such compensation shall be subject to the same rates, conditions,
and limitations applicable to qualified government personnel provided under
relevant issuances of Civil Service Commission (CSC) ~ Department of Budget
and Management (DBM).

SEC. 21. Work During Rest Day. - Where a Public DRRM Worker is
made to work on its scheduled rest day, an additional compensation shall be paid,
in accordance with existing laws. Further, That where a Public DRRM Worker is
made to work on any special holiday, an additional compensation shall be paid,
in accordance with existing laws. Where such holiday work falls on the worker's
scheduled rest day, the latter shall be entitled to an additional compensation as
may be provided by existing laws.

SEC. 22. Night-Shift Differential. —

(a) _ Every Public DRRM Worker shall be paid a night-shift differentiai

often percent (10%) of its regular wage for each hour of work
performed during the night- shifts; and


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(b)

Every Public DRRM Worker required to work on the period covered
after its regular schedule shall be entitled to regular wage plus the
regular overtime rate and an additional amount of ten percent (10%)
of such overtime rate for each hour of work performed between ten

(10) o'clock in the evening to six (6) o'clock in the morning.

SEC. 23. Salaries. — In the determination of the salary scale of Public
DRRM Workers, the existing applicable law on the salary scheme of government

employees shall govern.

(a)

(b)

©

Salary Scale for Local Public DRRM Worker — The salary scales of
Public DRRM Workers whose salaries are appropriated by a
municipality, city, or provincial government shall be based on the

salary schedule being implemented by the LGU concemed;

Salaries to be Paid in Legal Tender ~ Salaries of Public DRRM
Workers shall be paid in legal tender of the Philippines or the
equivalent in checks or treasury warrants: Provided, however. That
such checks or treasury warrants shall be convertible to cash in any
national, provincial, city or municipal treasurers’ office or any
banking institution operating under the laws of the Republic of the
Philippines; and

Deductions Prohibited — No person shall make any deduction
whatsoever from the salaries of Public DRRM Workers, except
under specific provision of law authorizing such deductions:
Provided, however, That upon written authority executed by the
Public DRRM Worker concerned, a) lawful dues or fees owing to
any organization/ association where such Public DRRM Worker is


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an officer or member; and b) premiums properly due all insurance

policies, retirement and medicare, shall be considered deductible.

SEC. 24, Additional Compensation. — Notwithstanding Section 12 of RA
6758, also known as the " Compensation and Position Classification Act of 1989,”
Public DRRM Workers shall receive the following allowances: hazard allowance,
subsistence allowance, reimbursement of allowable communication expense,

longevity pay, laundry allowance, and quarters allowance.

SEC. 25. Hazard Allowance. — As provided under Section 5 of this Act,
Public DRRM Workers, who are exposed to high risks or perils to life in the
performance of their duties and responsibilities, shall be compensated with hazard
allowance equivalent to not exceeding twenty-five (25%) of their daily basic
salary, and at least five percent (5%) for Public DRRM Workers exposed in low-
risk activities when deployed to or are working in affected areas: Provided, That
Public DRRM Workers under low risk DRRM activities shall be eligible to avail
an increase hazard allowance equivalent to that of high risk DRRM Workers in
the event that they are called to perform or are deployed for a limited period to
high-risk DRRM activities, subject to appropriate computation of days rendered.
The determination of the compensation of Hazard Allowance shall be based on
the actual working days of exposure of the Public DRRM Worker to any given
risks or perils to life.

SEC, 26. Transportation, Communication, and Subsistence Allowance.
= Public DRRM Workers who are required to render service in the field during
emergencies and disasters in order to make their services available at any and all
times, shall be entitled to full subsistence allowance of three (3) meals, which

may be computed in accordance with prevailing circumstances: Provided, That,


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no subsistence allowance shall be given in the event where the concemed agency
has already prescribed meals for the Public DRRM Worker.

Public DRRM workers required to report outside of their regular
workstations other than responding to disasters or emergencics shall be entitled
to such transportation and travel expenses pursuant E.O No. 77. S. 2019 or other
existing budgeting, accounting and auditing guidelines, as well as reimbursement

of allowable communication expenses.

SEC. 27. Longevity Pay. — A monthly longevity pay equivalent to five
percent (5%) of the monthly basic pay shall be paid to a Public DRRM Worker
for every five (5) years of continuous, efficient, and meritorious service rendered
as certified by the chief of office concerned, commencing with the Public DRRM
Worker's service upon the effectivity of this Act.

Those entitled to Longevity Pay can no longer avail of the Step Increment

benefit due to length of service.

SEC. 28. Laundry Allowance. ~ All Public DRRM Workers who are
required to wear uniforms regularly shall be entitled to laundry allowance
equivalent to One Hundred Fifty Pesos (Php 150) per month: Provided, That this
rate shall be reviewed periodically and increased accordingly by the NDRRMC
in consultation with the appropriate government agencies concerned taking into

account existing laws and prevailing practices.

SEC. 29. Housing. - All Public DRRM Workers who are on tour of duty
and those who, because of unavoidable circumstances are forced to stay in their
offices, shall be entitled to free living quarters within the office, or if such quarters
are not available, shall receive quarters allowance, as may be determined by their

respective agencies.


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A qualified Public DRRM Worker who has no residence within a fifty (50)
kilometer radius from such government facility or deployment area shall be
granted quarters allowance at the local room rental rate in the area until free living

quarters are available.

SEC. 30. Medical, Mental, and Psychosocial Examination. —
Compulsory medical, mental, and psychosocial examination shall be provided
free of charge to all Public DRRM Workers before entering the service in the
Government or its subdivisions, and shall be repeated once a year during the
tenure of employment of all Public DRRM Workers, and after every deployment
of Public DRRM Workers for more than three (3) days to seven (7) days in high-
risk areas, as may be determined by the agency where the Public DRRM Worker
belongs: Provided, That where medical examination shows that medical
treatment, mental, or psychosocial intervention, and/or hospitalization is
necessary for those already in government service, the treatment and/or
hospitalization, including medicines shall be provided free either in a government
or a private hospital by the goverment entity paying the salary of the Public
DRRM Worker: Provided, further, That the cost of such medical examination and
treatment shall be determined by the respective agency who the Public DRRM.
Worker is engaged with, and such amount be subject to process of the agency. In
cases of extreme exposure to a traumatic experience while rendering DRRM
Work, the agency shall, aside from those that are provided for above, provide
necessary support for the rehabilitation of the Public DRRM Worker. A post
medical examination shall be provided for the Public DRRM Worker prior to

leaving the service.

SEC. 31. Personal Protective Equipment, Vaccination, and other
Prophylaxis. - Public DRRM Workers, as frontliners in disaster response, shall
be provided with appropriate personal protective equipment, free vaccinations


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and other prophylactic medicines against common and present diseases in the
locality where the Public DRRM Worker is assigned. The immediate family of
Public DRRM Workers deployed in high risk areas who are exposed to any highly
contagious disease/iliness shall also be entitled to vaccinations or any available

immediate medical intervention.

SEC. 32. Compensation for Work-Related Injuries and Illnesses. — Public
DRRM Workers shall be protected against the consequences of employment
injuries o sickness in accordance with existing laws. Injuries or sickness incurred

in line of duty shall be presumed work-connected.

SEC. 33. Leave Benefits for Public DRRM Workers. - Public DRRM
Workers are entitled to such vacation, sick leaves as provided by existing laws
and prevailing practices: Provided, That in addition to the leave privilege now
enjoyed by Public DRRM Workers - men and women Public DRRM Workers are
entitled to such paternity and maternity leaves, respectively, provided by existing
laws and prevailing practices: Provided, further. That upon separation of the
Public DRRM Workers from the service, they shall be entitled to all accumulated
leave credits with pay. Public DRRM Workers are also entitled to rehabilitation
leave privilege for physical, mental, or emotional injuries/damage sustained in
the performance of official duties, subject to the provisions under relevant
issuances of CSC - DBM.

SEC. 34. Capacity Building, Scholarships and Grants. — Public DRRM
Workers shall undergo the necessary training and other capacity building
activities on a regular basis. They shall also be given opportunity to avail of
scholarship benefits and grants for pursuing graduate and post-graduate studies,
in accordance with existing rules to be implemented by the concerned agencies

or LGUs. Grantees of the program may study within the Philippines or abroad:


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Provided, That the concerned agency or LGU shall provide strict measures to
ensure continuity and render service obligation. The concerned agency shall give
utmost preference to post-graduate DRRM-related studies in granting such
benefits.

SEC. 35. Mandatory Insurance Coverage. — Public DRRM Workers shall

be entitled to insurance coverage as follows:

(@) Social Security System (SSS), as mandated under RA 8282,
otherwise known as the "Social Security Law”;

(6) Government Service Insurance System (GSIS) as provided by RA
8291, also known as "The Government Service Insurance System
Act of 1997”; and

(c) Universal Health Care Act as mandated by RA 11223; and the
Philippine Health Insurance (PhilHealth) as mandated by RA 7875,
or the "National Health Insurance Act of 1995', whichever is

applicable.

SEC. 36. Highest Basic Salary Upon Retirement. Three (3) months prior
to compulsory retirement, the Public DRRM Worker shall automatically be
granted one (1) salary range or grade higher than the basic salary, and the
retirement benefit thereafter computed on the basis of the highest salary:
Provided, That the age and fulfilled service requirements are met under existing

laws.

SEC. 37. Right to Seif-Organization. — Public DRRM Workers shall have
the right to freely form, join or assist organizations or associations, to the extent

allowable by law and/or existing policies, for purposes not contrary to law in


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order to defend and protect their mutual interests and to obtain redress for their

grievances through peaceful concerted activities.

SEC. 38. Freedom from Interference or Coercion. — \t shall be unlawful

for any person to commit any of the following acts of interference or coercion:

(a)

(©)

©)

(d)

©)

To require as a condition of employment that a Public DRRM
Worker shall not join a DRRM Workers’ organization, association,
or union, or shall relinquish

membership therein;

To discriminate in regard to hiring or tenure of employment or any
item or condition of employment, in order to encourage or
discourage membership in any DRRM Workers’ organization,

association, or union;

To prevent Public DRRM Workers from carrying out duties laid
upon them by their position in the organization, association, or
union, or to penalize them for the action undertaken in such

capacity;

To harass or interfere with the discharge of the functions of the
Public DRRM Worker when these are calculated to intimidate, or to

prevent the performance of duties _and responsibilities; and

To otherwise interfere in the establishment, functioning, or
administration of DRRM Workers! organizations or unions through
acts designed to place such organization or union under the

control of government authority.


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SEC. 39. Consultation with Public DRRM Workers' Organizations. — In

the formulation of national policies governing the social security of Public

DRRM Workers, professional and Public DRRM Workers’ organizations, the

appropriate government agencies concerned shall be consulted by the NDRRMC.

For this purpose, Management-DRRM Workers’ Consultative Councils for

national, regional and other appropriate levels shall be established and

operationalized.

SEC. 40. Human Resource Development/ Management Study. — The

Human Resource Department/Division of respective concerned agencies shall

conduct a periodic human resource development/management study into, among

others, the following areas:

(@)

(b)

(©)

@

©

Adequacy of facilities and supplies to render quality DRRM services
to client population;

Opportunity for Public DRRM Workers to grow and develop their
potentials and experience a sense of worth and dignity in their work;

Mechanisms for democratic consultation in government DRRM

institutions;
Appropriate organizational and staffing patterns;

Ways and means of enabling the rank-and-file workers to avail of
educational opportunities for personal growth and development;

Upgrading of working conditions, reclassification of positions and
salaries of Public DRRM Workers to correct disparity vis-a-vis other


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professions such that positions requiring longer study be upgraded
and given corresponding pay scale; and

(g) _ Assessmentofthenationalpolicyonexportationofskilledhumanresour
cesto focus on how these resources could instead be utilized
productively for the country’s needs.

There is hereby created a Congressional Oversight Committee to review
and assess human resource development, particularly on continuing education
and training and the other areas described above. The Committee shall be
composed of five (5) members of the House of Representatives and five (5)
members of the Senate. It shall be co-chaired by the Chairpersons of the House
Committee on Disaster Resilience and Senate Committee on National Defense
and Security, Peace, Unification and Reconciliation. It shall render a report and
recommendation to Congress which shall be the basis for policy legislation in the
field of Disaster Resilience or DRRM. A congressional review shall be
undertaken once every five (5) years.

SEC. 41, Implementing Rules and Regulations (IRR). — Within thirty (30)
days from effectivity of this Act, the NDRRMC, in consultation with appropriate
government agencies and professional DRRM Workers’ organizations or
associations, shall formulate and prepare the IRR to implement the provisions of
this Act. Further, the DBM, in coordination with the NDRRMC, shall issue the
guidelines on the grant of compensation-related benefits to Public DRRM
Workers. Rules and regulations issued pursuant to this Section shall take effect
thirty (30) days after publication in a newspaper of general circulation.

SEC. 42. Prohibition Against Double Recovery of Benefits. - Whenever
other laws provide for the same benefits covered by this Act, the Public DRRM


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Worker shall have the option to choose which benefits will be paid. However, in
the event that the benefits chosen are less than that provided under this Act, the
worker shall be paid only the difference.

SEC. 43. Prohibition Against Elimination and/or Diminution. —
Nothing in this Act shall be construed to eliminate or in any way diminish benefits
being enjoyed by Public DRRM Workers at the time of the effectivity of this Act.

SEC. 44. Appropriations. - The amount needed for the implementation of
this Act shall be determined by the concerned agencies and be included in the
General Appropriations Act of the year following its enactment under the
budgetary appropriations of concerned agencies or chargeable against local funds
of Local Government Units subject to Personal Service Limitations pursuant to
Sec. 325 of RA 7160, as applicable. However, That such special benefits,
including injury and burial benefits as well as hazard pay may be sourced from
the Local DRRM Fund of the agencies or Local Government Units.

SEC. 45, Penal Provisions. — Any person who shall willfully interfere
with, restrain or coerce any Public DRRM Worker in the exercise of his/her rights
or shall in any manner commit an act in violation of any of the provisions of this
Act, upon conviction, shall be punished by a fine of not less than Ten thousand
pesos (P10,000.00) or imprisonment of not more than one (1) year or both at the
discretion of the court.

If the offender is a public official, the court, in addition to the penalties in
the provided in the preceding paragraph, may impose the additional penalty
perpetual disqualification from office.


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SEC. 46. Separability Clause. — If any provision of this law or the
application thereof to any person or circumstance, is held invalid, the remainder
of this law, or the application of such provision or part to other persons of
circumstances, shall not be affected thereby.

SEC. 47. Repealing Clause. — All laws, decrees, rules, and regulations or
parts thereof, which are contrary to or inconsistent with this Act are hereby
repealed or modified accordingly.

SEC. 48. Effectivity. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,