Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8583

House Bill No.

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this
representation respectfully refiles this bill, which has constantly been
receiving support from the past and present Congress.

The proposed measure seeks to provide for the Magna Carta for Rescue
Workers.

It aims to promote and improve the social and economic well-being of
rescue workers through better living and working conditions and terms of
employment. It aims to develop their skills and capabilities in order for
them to be more responsive and better equipped to deliver lifesaving
services and programs. Moreover, the proposed measure also aims to
encourage those with proper qualifications and excellent abilities to join
and remain in government service.

The proposed measure puts into action a system where only qualified
rescue workers will be hired for the position. Those employed will be
given living and working conditions commensurate to the services they
render in the performance of their duties. They will also be given security
of tenure and all other benefits as a government employee.

In this light, the passage of this bill is earnestly sought.

JOHN TIN “YAL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. _ 8583

Introduced by Representative John Marvin “Yul Servo” C. Nieto

AN ACT PROVIDING FOR A MAGNA CARTA FOR RESCUE WORKERS
AND FOR OTHER PURPOSES

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 of
Rescue Workers".

SEC. 2. Statement of Policy. - It shall be the policy of the State to
enhance the implementation of Republic Act 10121 otherwise known as
the "Philippine Disaster Risk Reduction and Management Act of 2010" in
enacting measures with special reference to the welfare of all rescue
workers in the country.

Towards this end, this Act aims to:

a. Promote and improve the social and economic well-being of the
rescue workers, their living and working conditions and terms of
employment;

b. Develop their skills and capabilities in order that they will be more
responsive and better equipped to deliver lifesaving services and
programs; and

c. Encourage those with proper qualifications and excellent abilities to
join and remain in government service.

SEC. 3. Recruitment and Qualification. - Recruitment policy and
minimum requirements with respect to the selection and appointment of a
rescue worker shall be developed and implemented by the appropriate
government agencies concerned in accordance with policies and standards
of the Civil Service Commission: Provided, That in the absence of
appropriate "eligibles" and it becomes necessary in the public interest to
fill up a vacancy, a temporary appointment shall be issued to the person
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 renewal thereafter but that the
appointee may be replaced sooner if (a) qualified civil service eligible
becomes available, or (b) the appointee is found wanting in performance
‘or conduct befitting a government employee.

For purposes of this Act, "Rescue Workers" shall mean all persons who
are engaged in actual rescue and lifesaving-related work employed in
government institutions and agencies and other rescue-related entities
owned and operated by the Government or its political subdivisions.

SEC. 4. Performance Evaluation and Merit Promotion. - The National
Disaster Risk Reduction and Management Council, upon consultation with
the proper government agency concerned, as established under Section
31 of this Act, shall prepare a uniform career and personnel development
plan applicable to all public rescue personnel. Such career and personnel
development plan shall include provisions on merit promotion,
performance evaluation, in service training grants, job rotation, and
incentive award system.

The performance evaluation plan shall consider foremost the
improvement of individual employee efficiency and organizational
effectiveness: Provided, That each employee shall be informed regularly
by his/her supervisor of h evaluation. The merit promotion plan shall be in
consonance with the rules of the Civil Service Commission.

SEC. 5. Transfer or Geographical Reassignment of Public Rescue
Workers.

a. a transfer is a movement from one position to another which is of
equivalent rank, level or salary without break in service;

b. a geographical reassignment, hereinafter referred to as
"reassignment," is a movement from one geographical location to
another; and

c. a public rescue 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 rescue worker believes that there is no
justification for the transfer and/or reassignment, he/she may
appeal his/her case to the Civil Service Commission, which shall
cause his/her reassignment to be held in abeyance; Provided, That
no transfer and/or reassignment whatsoever shall be made three
(3) months before any local or national elections: Provided, further,
That the necessary expenses of the transfer and/or reassignment of
the public rescue worker and his/her immediate family shall be paid
for by the Government.


SEC. 6. Security of Tenure. - In case of regular employment of public
rescue workers, their services shall not be terminated except for cause
provided by law and after due process: Provided, That if a public rescue
worker is found by the Civil Service Commission to be unjustly dismissed
from work, he/she shall be entitled to reinstatement without loss of
seniority rights and to his/her back wages with twelve percent (12%)
interest computed from the time his/her compensation was withheld from
his/her salary up to the time of reinstatement.

SEC. 7. Discrimination Prohibited. -A public rescue worker shall not be
discriminated against with regard to gender, civil status, civil status,
creed, religious or political beliefs and ethnic groupings in the exercise of
his/her profession

SEC. 8. Administrative Charges. - Administrative charges against a
public rescue worker shall be heard by a committee composed of the
DRRM Officer of the province where the public rescue worker belongs, as
chairperson, a representative of any existing national or provincial public
rescue workers' organization, as member, and the other is the direct
superior of the public rescue worker. The committee shall submit its
findings and recommendations to the Office of Civil Defense being the
Secretariat of the National Disaster Risk Reduction and Management
Council within thirty (30) days from the termination of the hearings.
Where the provincial DRRM officer is an interested party, all the other
members of the committee shall be appointed by the National Disaster
Risk Reduction and Management Council in addition to the representative
of any existing national or provincial public rescue workers’ organization.

SEC. 9. Safeguards in Disciplinary Procedures. - In every disciplinary
proceeding, the public rescue worker shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself/herself and to be defended by a
representative of his/her choice and/or by his/her organization, and
adequate time to prepare his/her defense;

d. the right to confront witnesses presented against him/her and

summon witnesses in his/her behalf;

. the right to appeal to designated authorities;

the right to reimbursement of reasonable expenses incurred in
his/her defense in case of exoneration or dismissal of the charges,
and

g. such other rights that will ensure fairness and impartiality during
Proceedings.

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SEC. 10. Duties and Obligations. - The public rescue worker shall:


a. perform his/her duty with utmost respect for life, and race, gender,
religion, nationality, party policies, and social standing;
. discharge his/her duty humanely with conscience and dignity;
. remain rescue ready at all times and is ready to deploy in any kinds
of emergencies;
. be willing to give himself/herself freely to rescue those in peril;
be disciplined, physically fit and mentally tough, trained and
proficient in his/her tasks and drills;
. always endeavor to maintain a level of health and fitness consistent
with the demands of the rescue profession;
g. actively participate in all in-service training and drills that will
enhance his/her capacity;
h. not consume substance, legal or illegal, that could impair his/her
vigilance or judgment;
i. maintain a strong understanding of the emergency procedures at
work;
j. seek out the injured in any emergency and bring them for proper
medication; and
k. be a believer that nothing is more rewarding than saving a life.

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SEC. 11. Code of Conduct. - Within six (6) months from the approval of
this Act, the National Disaster Risk Reduction and Management Council,
upon consultation with other appropriate agencies, professional and
rescue workers' organization, shall formulate and prepare a Code of
Conduct for Public Rescue Workers, which shall be disseminated as widely
as possible.

SEC. 12. Normal Hours of Work. - The normal hours of wok of any
public rescue 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 rescue worker is required to be on
active duty or to be at a prescribed workplace; and

b. all the time during which a public rescue worker is permitted to
work. Provided, That the time when the public rescue worker is
place on "On Call" status shall not be considered as hours worked
but shall entitled the public rescue worker to an "On Call" pay
equivalent to fifty percent (50%) of his/her regular wage. "On Call”
status refers to a condition when public rescue workers are called
upon to respond to urgent or immediate need for rescue assistance
or relief work during emergencies such that he/she cannot devote
the time for his/her own use.

SEC. 13. Overtime Work. - Where the exigencies of the service so
require, any public rescue worker may be required to render, service
beyond the normal eight (8) hours a day. In such a case, the workers


shall be paid an additional compensation in accordance with existing laws
and prevailing practices.

SEC. 14. Work During Rest Day. -

a. Where a public rescue worker is made to work on his/her schedule
rest day, he/she shall be paid an additional compensation in
accordance with existing laws; and

b. Where a public rescue worker is made to work on any special
holiday he/she shall be paid an additional compensation in
accordance with existing laws. Where such holiday work falls on the
workers' scheduled rest day, he/she shall be entitled to an
additional compensation as may be provided by existing laws.

SEC. 15.

jight-Shift Differential. —

a. Every public rescue worker shall be paid night-shift differential of
ten percent (10%) of his/her regular wage for each hour of work
performed during the night-shifts; and

b. Every rescue 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 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. 16. Salaries. - In the determination of the salary scale of public
rescue workers, the provisions of Republic Act No. 6758 shall govern.

Salary Scale - Salary Scales of public rescue workers shall be provided
progression: Provided, That the progression from the minimum to
maximum of the salary scale shall not extend over a period of ten (10)
years: Provided, further, That the efficiency rating of the public rescue
worker concerned is at least satisfactory.

a. Equality in Salary Scale - The salary scales of public rescue workers
whose salaries are appropriated by a city, municipality, district, or
provincial government shall not be less than those provided for
public rescue workers of the National Government;

b. Salaries to be paid in Legal Tender. - Salaries of public rescue
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 treasurer's office or any
banking institution operating under the laws of the Republic of the
Philippines;


¢. Deductions Prohibited - No person shall make any deduction
whatsoever from the salaries or public rescue workers except under
specific provision of law authorizing such deductions: Provided,
however, That upon written authority executed by the public rescue
worker concerned, (a) lawful dues or fees owing to any
organization/association where such public rescue worker is an
officer or member, and (b) premium properly due all insurance
policies, retirement and medicare shall be considered deductible.

SEC. 17. Additional Compensation. - Notwithstanding Section 12 of
Republic Act No. 6758, rescue workers shall receive the following
allowances: hazard allowance, subsistence allowance, longevity pay,
laundry allowance and remote assignment allowance.

SEC. 18. Hazard Allowance. - Public rescue workers, who are always
exposed to occupational risks or perils to life in the performance of their
duties and responsibilities, shall be compensated hazard allowance
equivalent to at least twenty-five percent (25%) of the monthly basic
salary of rescue workers receiving salary grade 19 and below, and five
percent (5%) for rescue workers with salary grade 20 and above.

SEC. 19. Subsistence Allowance. - Public rescue workers who are
required to render service in the field during emergencies or calamities 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 as determined by
the National Disaster Risk Reduction and Management Council in
consultation with the Management Rescue Workers’ Consultative Councils,
as established under Section 30 of this Act.

SEC. 20. Longevity Pay. - A monthly longevity pay equivalent to five
percent (5%) of the monthly basic pay shall be paid to a rescue worker
for every five (5) years of continuous, efficient and meritorious services
rendered as certified by the chief of office concerned commencing with
the service after the approval of this Act.

SEC. 21. Laundry Allowance. - All public rescue workers who are
required to wear uniforms regularly shall be entitled to laundry allowance
equivalent to five hundred pesos (P500.00) per month: Provided, That
this rate shall be reviewed periodically and increased accordingly by the
National Disaster Risk Reduction and Management Council in consultation
with the appropriate government agencies concerned taking into account
existing laws and prevailing practices.

SEC. 22. Housing. - All public rescue workers who are in 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 the National Disaster Risk Reduction and Management
Council and other appropriate government agencies concerned: Provided,
That this rate shall be reviewed periodically and increased accordingly by
the National Disaster Risk Reduction and Management Council in
consultation with the appropriate government agencies concerned.

SEC. 23. Medical Examination. - Compulsory medical examination shall
be provided free of charge to all public rescue 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 rescue workers:
Provided, That where medical examination shows that medical treatment
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
government entity paying the salary of the rescue worker: Provided,
further, That the cost of such medical examination and treatment shall be
included as automatic appropriation in said entity's annual budget.

SEC. 24. Compensation of Injuries. - Public rescue workers shall be
protected against the consequences of employment injuries in accordance
with existing laws. Injuries incurred while doing overtime work shall be
presumed work-connected.

SEC. 25. Leave Benefits for Public Rescue Workers. - Public rescue
workers are entitled to such vacation and sick leaves as provided by
existing laws and prevailing practices: Provided, That in addition to the
leave privilege, women rescue workers are entitled to such maternity
leaves provided by existing laws and prevailing practices: Provided,
further, That upon separation of the public rescue workers from services,
they shall be entitled to all accumulated leave credits with pay.

SEC. 26. Highest Basic Salary Upon Retirement. - Three (3) months
prior to the compulsory retirement, the public rescue worker shall
automatically be granted one (1) salary range or grade higher than
his/her basic salary and his/her retirement benefits thereafter, computed
on the basis of his/her highest salary: Provided, That he/she has reached
the age and fulfilled service requirements under existing laws.

SEC. 27. Right to Self-Organization. - Public rescue workers shall have
the right to freely form, join or assist organizations or unions for purposes
not contrary to law in order to defend and protect their mutual interests
and to obtain redness of their grievances through peaceful concerned
activities.

However, while the State recognizes the right of public rescue workers to
organize or join organization, public rescue workers on-duty cannot


declare, stage or join any strike or cessation of their service in the
interest of public welfare and safety.

SEC. 28. Freedom from Interference or Coercion. - It shall be
unlawful for any person to commit any of the following acts of
interference or coercion:

a. to require as a condition of employment that a public rescue worker
shall not join a rescue workers' organization or union or shall
relinquish membership therein;

b. 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 rescue workers’ organization or
union;

c. to prevent a rescue worker from carrying out duties laid upon
him/her by his/her position in the organization or union, or to
penalize him/her for the action undertaken in such capacity;

d. to harness or interfere with the discharge of the functions of the
rescue worker when these are calculated to intimidate or to prevent
the performance of his/her duties and responsibilities; and

e. to otherwise interfere in the establishment, functioning, or
administration of rescue workers organization or unions through
acts designed to place such organization or union under the control
of government authority,

SEC. 29. Consultation With Rescue Worker's Organization. - In the
formulation of national policies governing the social security of public
rescue workers, professional and rescue workers organizations or unions
as well as other appropriate government agencies concerned shall be
consulted by the National Disaster Risk Reduction and Management
Council. For this purpose, Management Rescue Worker's Consultative
Councils for national, regional and other appropriate levels shall be
established and operationalized.

SEC. 30. Human Resource Development Management Study. - The
National Disaster Risk Reduction and Management Council shall conduct a
periodic human resource development/management study into, among
others, the following areas:

a. adequacy of facilities and supplies to render quality rescue and
lifesaving services to the client population;

b. opportunity for rescue workers to grow and develop their potentials
and experience a sense of worth and dignity in their work. Public
rescue workers who undertake postgraduate studies in a degree
course shall be entitled to an upgrading in their position or raise in
pay: Provided, That it shall not be more than every two (2) years;

. mechanisms for democratic consultation in government institutions;


d. staffing patterns and standard or health care to ensure that the
people receive-quality care. Existing recommendations on staffing
and standards of health care shall be immediately and strictly
enforced;

. ways and means of enabling the rank-and-file workers to avail of
education opportunities for personal growth and development; and

f. upgrading of working conditions, reclassification positions and
salaries of public rescue workers to correct disparity vis-a-vis other
professions such that positions requiring longer study to upgrade
and given corresponding pay scale; and

g. assessment of the national policy on exportation of skilled rescue
human resource to focus on how these resources could instead be
utilized productivity for the country's needs.

There is hereby created a Congressional Commission Oversight
Committee to review and assess human resource development,
particularly on continuing professional education and training and the
other areas described above. The Commission 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 chairperson of the Committee on
Safety of both houses. It shall render a report and recommendation to
Congress which shall be the basis for policy legislation in the field of
safety. Such a congressional review shall be undertaken once every five
(5) years.

SEC. 31. Rules and Regulations. - The National Disaster Risk Reduction
and Management Council after consultation with appropriate agencies of
the Government as well as professional and rescue workers’ organizations
or unions, shall formulate and prepare the necessary rules and
regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this section shall take effect thirty (30) days after
publication in a newspaper of general circulation.

SEC. 32. Prohibition Against Double Recovery of Benefits. -
Whenever other laws provide for the same benefits covered by this Act,
the public rescue worker shall have the option to choose which benefits
will be paid to him/her. 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. 33. Prohibition Against Elimination and or Diminution. -
Nothing in this law shall be construed to eliminate or in any way diminish
benefits being enjoyed by public rescue workers at the time of the
effectivity of this Act.

SEC. 34. Appropriations. - The amount needed by the National Disaster
Risk Reduction and Management Council shall submit be appropriated


from the funds of the National Treasury not otherwise appropriated.
Hereafter such sum as maybe needed for the continued operation of the
NDRRMC shall be included in the annual General Appropriations Act.

SEC. 35. Penal Provision. - Any person shall willfully interfere with,
restrain or coerce any public rescue worker in the exercise of his/her
rights or shall in any manner any 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 (PHP 10,000.00) or an imprisonment of not more
than one (1) year and one day or both at the discretion of the court.

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

SEC. 36. 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. 37. 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. 38. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation,

Approved,