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Republic of the Philippines hes REC ENED 9 ce
HOUSE OF REPRESENTATIVES 4 LATE. _
Quezon City \ rewes qu pi
EIGHTEENTH CONGRESS \o% ays fia
Second Regular Session x

HOUSE BILL No. 7517

Introduced by
BAYAN MUNA Representatives FERDINAND R. GAITE,
CARLOS ISAGANI T. ZARATE and EUFEMIA C. CULLAMAT,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT
MANDATING THE IMPLEMENTATION
OF SALARY GRADE 15 MINIMUM MONTHLY SALARY FOR NURSES

EXPLANATORY NOTE
Salary upgrading for nurses and other professionals is long overdue.

For decades, nurses were denied of their rightful salaries as mandated by Republic Act No.
9173 or the Philippine Nursing Act of 2002. The law provided for Salary Grade 15 as entry
salary grade for public nurses all over the country. This was never implemented, with the
government failing to allocate fuunds for its implementation.

Instead of rectifying this gross neglect, the government through Joint Resolution No. 4 or the
Salary Standardization Law III in 2009 pegged the salary grade of nurses to SG 11 from the
original SG 10. After which Executive Order 201, approved in 2016, maintained the SG 11 as
entry level salary grade level for nurses and provided measly salary increases like all other
previous salary standardization laws.

As of end December 2019, a nurse 1 in national government hospitals receive P20,754 per
month under Salary Grade 11, Those in devolved hospitals and health facilites receive less, due
to the provision of the Salary Standardization Law allowing lower salaries based on the
capacity and classification of the local government units.

While President Rodrigo Duterte issued statements and promises in favor of increasing the
salaries national government workers, including teachers and nurses, the government never
ever implemented the salary grade 15 entry salary grade for nurses as mandated by RA 9173.

Republic Act No 11466 or the Salary Standardization law of 2019 signed by President Duterte
on January 8, 2020 only allots P22,316 per month to Salary Grade 11. Salary Grade 15 for the
first tranche is equivalent to P32,053 per month.

On October 8, 2019, the Supreme Court declared as valid Section 32 of the Philippine Nursing
Act or Republic Act No. 9173 which states that “the minimum base pay of nurses working in



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public health institutions shall not be lower than salary grade 15”. On Decemebr 13, 2019, the
‘Supreme Court released the final and executory decision.

In response to the Supreme Court decision and the continuing calls and demands of nurses, the
Duterte administration allotted Three Billion pesos (P3,000,000,000) under the Miscellaneous
Personnel Benefits Funds of the Republic Act No 11465 or the General Appropriations Act of
2020.

However, halfway into the year 2020, and in the midst of battle against the COVID-19
pandemic, nurses salaries are yet to be upgraded based on the Supreme Court decision.

On July 17, 2020, the Department of Budget and Management issued Budget Circular No.
2020-4 on Upgrading the Entry Level of Nurse Positions. The Budget Circular upgrades the
Nurse | position from SG 11 to SG 15 effective not earlier than January 1, 2020.

However, the DBM Budget Circular excludes nurses in some government agencies such as
those employed in GOCCs/GFls covered under RA 10149 or the GOCC Act of 201. Said
employees including the nurses are exempted from RA No. 6758 and are implementing their
respective Compensation and Position Classification System (CPCS). Moreover, salary
adjustment of contractuals and casuals are dependent on availability of funds.

It is high time that we truly honor our nurses who are risking their very own lives bravely
fighting in the frontlines against the COVID-19 pandemic by providing for salaries and benefits
that are rightfully due them.

This bill aims to mandate the implementation of Salary Grade 15 as the national minimum
salary for nurses in the public sector nationwide, regardless of employment status and agency
classification.

The urgent passage of this bill, thus, is earnestly sought.

Approved,

REP. R. GAITE
Bayan Muna Partylist

REP. CARI SABA T. ZARATE REP. Cab ronar

Bayan Muna Partylist Bayan Muna Partylist


REP. E L. CASTRO
ACT Tedthers Partylist

REP. SAI

REP.

EN]

GABRIELA

H/JANE I. ELAGO

Kabataan Partylist

). BROSAS.
fomen’s Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

7517
HOUSE BILL No. __

Tniroduced by
BAYAN MUNA Representatives FERDINAND R. GAITE,
CARLOS ISAGANI T. ZARATE and EUFEMIA C. CULLAMAT,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
GABRIELA Women’s Party Representative ARLENE D. BROSAS
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

ANACT
MANDATING THE IMPLEMENTATION
OF THE SALARY GRADE 15 MINIMUM MONTHLY SALARY FOR NURSES

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 Nurses’ Salary Upgrading Act of
2020.”

SECTION 2. Declaration of Policy. It is the Government’s concen and responsibility to
provide adequate remuneration and benefits of health workers to enhance general welfare and
to attract and retain its rightful share of talents with the end in view of fulfilling the state policy
of providing essential health services to all Filipinos.

SECTION 3. Coverage. The minimum salary shall cover all nurses in all public health
facilities:
(a) whether regular, or non-regular, including contractuals, contract of service, job-order,
casuals, co-terminus and project-based, and
(b) whether nationally or locally-funded, including Government-Owned and Controlled
Corporations (GOCCs), Government Financial Institutions (GFls), and Local
Government Units regardless of classification.

SECTION 4. Minimum Salary for Nurses. The minimum monthly salary for nurses shall be
equivalent to salary grade (SG) "15" of the Salary Standardization Law. Salary grade levels
and salaries of Nurse 2 and higher shall be adjusted accordingly. The Job Grade and salary
levels of nurses employed in GOCCs/GFls covered by RA 10149 shall also be upgraded and
shall be equivalent to the SG 15 under the current Salary Standardization Law.

SECTION 5. Sanctions. A fine of not less than five hundred thousand pesos (P500,000,000)
and/or imprisonment of not less than one (1) year nor more than two (2) years shall be imposed
upon violation of any of the provisions hereof.

Provided that, for violations committed by government agencies, juridical persons, including


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local government units or any other entity, the head of the agency and Board of Directors or
executive officials of the agency shall assume full responsibility.

SECTION 6. Refund and Compensation. Any nurse found to have been a victim of violation
of any section of this Act shall be entitled to backwages and full payment of unpaid benefits.
In addition, he/she shall be entitled to refund of interest and attorney's fees to be paid by the
agency if he/she is forced to litigate.

SECTION 7. Rules and Regulations, The Department of Health and the Department of
Budget and Management shall promulgate the necessary rules and regulations of the provisions
of this Act.

SECTION 8. Appropriation. The Government shall appropriate such amount as may be
necessary to carry out the objectives of this Act. Initial funds required for the implementation
of this Act shall be sourced from the General Appropriations Act Miscellaneous Personnel
Benefit Fund and other possible sources that may be determined by the Office of the President.
The subsequent funds needed for national public health institutions shall be included in the
General Appropriations Act in the allotment for the particular facility or institution, For
devolved health agencies, funding shall be included in the annual budget allotment for the
provincial and district hospitals and local health units.

Provided that, should certain Local Government Units have insufficient funds, they may
request for a subsidy from the National Government.

Provided further, that GOCCs shall include in their respective corporate budget the funds
necessary to implement the upgraded salaries of nurses.

SECTION 9. Constitutionality. Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby.

SECTION 10. Repealing Clause. All laws, decrees, letters of instructions, resolutions, orders,
ordinances or parts thereof which are inconsistent with the provisions of this Act, are hereby
repealed, amended, or modified accordingly.

SECTION 11. Effectivity. This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in a national newspaper of general circulation.

Approved,