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Republic ofthe Bhiippines
House of Representatines
Queron City, Astro Miwila

Twentieth Congress
First Regular Session

HOUSE BILL No. 2664

Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda
Marie K. Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre

AN ACT
GRANTING HAZARD PAY TO PUBLIC PROSECUTORS EXPOSED TO
HAZARDOUS SITUATIONS AND PERFORMING HAZARDOUS DUTIES
RELATED TO ASSIGNED CASES, AND APPROPRIATING FUNDS
THEREFOR

EXPLANATORY NOTE

Public prosecutors play a vital role in the administration of criminal justice.
They are primarily responsible for the preliminary investigation and prosecution of
all criminal cases. They safeguard the fundamental rights of the persons involved in
criminal proceedings and ensure public security. In the performance of their
functions, they are assigned to investigate and prosecute cases involving national
security, dangerous drugs, terrorism, and notorious criminals. As a consequence of
their duties and exposure to hazardous situations, many prosecutors have received
death threats and a number of them have been killed in the line of duty.

During the past ten years, among the prosecutors killed were Batangas
Assistant Provincial Prosecutor Alexander Sandoval (June 2013); Marawi City
Assistant Prosecutor Saipal Alawi, Sr. (May 2014); Mati City Prosecutor Rolando
Acido (October 2016); Quezon City Prosecutor Johanne Noel Mingoa (January
2017); Caloocan Assistant Prosecutor Diosdado Azarcon (May 2017); Assistant
Prosecutor Maria Ronatay (July 2017); Former Prosecutor Pablito Gahol (September
2017); Quezon Assistant Provincial Prosecutor Reymund Luna (September 2017);
Quezon City Deputy Prosecutor Rogelio Velasco (May 2018); Former Prosecutor
Geronimo Marabe, Jr. (May 2018); Cebu City Assistant Prosecutor Mary Ann

1


Castro (January 2019); Manila Senior Assistant City Prosecutor Jovencio Senados
(July 2020); and Cavite Assistant Prosecutor Edilberto Mendoza (December 2021).

Given the precarious nature of their work, prosecutors who are assigned to
conduct inquest proceedings, preliminary investigation, prosecution and
investigation of complex and other high-profile crimes are thereby exposed to risks
and perils to their lives.

Thus, this bill seeks to grant hazard pay to public prosecutors exposed to
hazardous situations and performing hazardous duties related to their assigned cases.
All covered public prosecutors are entitled to receive a monthly hazard pay of Five
thousand pesos (P5,000.00) in addition to their regular compensation, while in the
performance of the hazardous duties such as, but not limited to, conduct the inquest
proceedings, preliminary investigations, or prosecution of cases involving crimes
against national security, illegal drugs, graft and corruption, money laundering and
other analogous cases.

Through this bill, the State fulfills its duty under the Constitution in
maintaining peace and order, the protection of life, liberty, and property, and the
promotion of general welfare.

This measure was also filed during the 19th Congress and was primarily
referred to the Committee on Justice, where it was approved on third and final
reading by the House of Representatives.

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

Ml (fp. K. ROMUALDEZ

me

ANDREW JULIAN K. ROMUALDEZ JUDE A. ACIDRE


Republic ofthe Pilippines
House of Representatives
Quecon City, Mets Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 2664

Introduced by Representatives Ferdinand Martin G. Romualdez, Yedda
Marie K. Romualdez, Andrew Julian K. Romualdez and Jude A. Acidre

AN ACT
GRANTING HAZARD PAY TO PUBLIC PROSECUTORS EXPOSED TO
HAZARDOUS SITUATIONS AND PERFORMING HAZARDOUS DUTIES
RELATED TO ASSIGNED CASES, AND APPROPRIATING FUNDS
THEREFOR

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 “Hazard Pay for

Public Prosecutors Act.”

SEC. 2. Declaration of Policy. ~ It is the policy of the State to maintain peace
and order, protect life, liberty and property, and promote the general welfare of the


people for the enjoyment of the blessings of democracy. To realize this policy, the
State recognizes the indispensable role of the public prosecutors in our criminal
justice system. To this end, the State shall provide the necessary support to ensure
that public prosecutors are properly compensated as they perform their functions in

hazardous situations related to their assigned cases.

SEC. 3. Coverage. All public prosecutors of the National Prosecution Service
of the Department of Justice who are actually performing any of the hazardous duties
and are exposed to the conditions described in Section 4 of this Act, as certified by
the Secretary of Justice or a duly authorized representative, including public
prosecutors who are tasked to authorize the prosecution of hazardous cases
mentioned in this Section, or who approve, review, reverse, or modify resolutions
on inquest proceedings or preliminary investigations involving such hazardous

cases, are likewise entitled to receive hazard pay as provided in this Act.

SEC. 4. Hazard Pay. — All covered public prosecutors are entitled to receive a
monthly hazard pay of Five thousand pesos (P5,000.00) in addition to their regular

compensation, while in the performance of the following hazardous duti

(a) Assigned to conduct the inquest proceeding, preliminary investigation, or
prosecution of cases involving crimes against national security and the law of
nations, the fundamental laws of the State, public order, and those crimes committed
by public officers as defined and penalized under Act No. 3815, otherwise known as
“The Revised Penal Code”;

(b) Assigned to conduct the inquest proceeding, preliminary investigation, or


prosecution of cases involving Republic Act No. (RA) 9165, as amended, otherwise
known as the “Comprehensive Dangerous Drugs Act of 2002”, RA 10591,
otherwise known as the “Comprehensive Firearms and Ammunition Regulation
Act”, RA 3019, as amended, otherwise known as the “Anti-Graft and Corrupt
Practices Act”, RA 9160, as amended, otherwise known as the “Anti-Money
Laundering Act of 2001”, and RA 11479, otherwise known as “The Anti-Terrorism
Act of 2020”;

(c) Assigned to conduct the inquest proceeding, preliminary investigation, and
prosecution of cases involving transnational crimes, including illicit trafficking of
narcotic drugs and psychotropic substances, money laundering, terrorism, arms
smuggling, trafficking in persons, piracy, and other crimes with significant impact

on the political, economic and socio-cultural stability and security of the country;

(d) Assigned to conduct the inquest proceeding, preliminary investigation, and
prosecution of cases involving illegal logging, illegal mining, illegal fishing, illegal
dumping of hazardous waste, as well as the destruction, exploitation, illegal
gathering, smuggling, illegal trade, or trafficking of all kinds of flora, fauna, marine
life, minerals, precious metals, and other natural resources, and all other crimes,

offenses and prohibited acts with significant impact on the environment,
(c) Assigned or exposed to hazardous situations, including assignment in strife-
torn or embattled areas, distressed or isolated stations, disease-infested areas, and

areas declared by a competent authority to be under a state of calamity or emergency;

(f) Assigned to conduct the inquest proceeding, preliminary investigation, and


prosecution of offenders who have been previously convicted of any of the crimes

mentioned in paragraphs (a) to (d) of this Section; and

(g) Assigned to other hazardous duties and circumstances analogous to the

foregoing, as determined by the Secretary of Justice.

SEC. 5. Tax Exemption and Non-Diminution of Benefits. — The hazard pay
provided in this Act shall form part of the exclusions from taxable gross income in
accordance with Section 32 (b) (7) (e) of the National Internal Revenue Code of
1997, as amended: Provided, That nothing in this Act shall be construed to diminish,
in any manner, any benefit granted to duly appointed public prosecutors under

existing laws, rules and regulations, local ordinances, and other issuances.

SEC. 6. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the Secretary of Budget and Management and the
Secretary of Justice shall jointly promulgate rules and regulations for the effective
implementation of this Act.

SEC. 7. Appropriations. - The amount necessary for the initial implementation
of this Act shall be charged against the current year’s appropriation of the
Department of Justice. Thereafter, such amount shall be included in the annual

General Appropriations Act.

SEC. 8. Separability Clause. — If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall

remain in force and effect.


SEC. 9. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, or parts thereof contrary to or inconsistent with the provisions of this

Act are amended, repealed or modified accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,