Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _____
Introduced by REPRESENTATIVE BERNADETTE HERRERA
AN ACT
AMENDING REPUBLIC ACT NO. 7305, OTHERWISE KNOWN AS "THE
MAGNA
CARTA
OF
PUBLIC
HEALTH
WORKERS"
AND
FOR
OTHER
PURPOSES
EXPLANATORY NOTE
The Magna Carta for Public Health Workers was enacted into law over three
decades ago. At the time, it had the objective of promoting and improving the social
and economic well-being of health workers, their living and working conditions and
terms of employment. Hence the law mandated among other things the payment of
benefits and allowances including night shift differential, hazard, subsistence,
laundry, to name a few.
As with most antiquated legislation, the mandated nominal amounts provided
are not in keeping with the changing economic times, specifically of recent years. As
a result, our public health workers who serve tirelessly, are constrained to benefits
computed with a 30-year old economic mindset. While this arguably was adequate at
the time, there is a significant need to increase the nominal amounts for the
mandated benefits in order to provide better living conditions to our public health
workers especially as we are hurdling the recessionary effects of the pandemic.
The measure stands as a counterpart to the bill filed by Senator Sonny
Angara in the Senate. Jointly, it is our earnest hope that immediate passage will
result in a proper and up-to-date Magna Carta for our Public Health Workers.
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September 8, 2022
3:55 pm
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This bill expands the definition of health workers to include those deployed
outside of traditional health facilities such as those reporting in health offices, State
Universities
and Colleges and Universities, Government-owned and -controlled
Corporations, Local Government Units, among others. This proposal stands to
benefit roughly 150,0001 health workers in the public sector.
In our pursuit to address the gaps in our public health system and to
strengthen the delivery of healthcare services, it is paramount that we ensure that
our health workers are not only paid a living wage but that the benefits we provide
are likewise sufficient to sustain their living conditions.
In view of the foregoing, we urge the swift passage of this measure.
BERNADETTE “BH” HERRERA
1 DOH data as of 29 April 2022
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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _____
Introduced by Representative Bernadette Herrera
AN ACT
AMENDING REPUBLIC ACT NO. 7305, OTHERWISE KNOWN AS "THE
MAGNA
CARTA
OF
PUBLIC
HEALTH
WORKERS"
AND
FOR
OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
SECTION. 1. Section 3 of Republic Act No. 7305 is hereby amended to read
as follows:
“Section 3. Definition. - For purposes of this Act, “health workers” shall
mean all persons who are engaged in health and health-related work,
and all persons employed in all hospitals, sanitaria, treatment and
rehabilitation centers, health centers, rural health units, barangay health
stations,
clinics,
HEALTH
OFFICES
and
other
health-related
establishments owned and operated by the Government or its political
subdivisions with original charters and shall include medical, allied health
professionals,
administrative
and
support
personnel
employed
[regardless
of
their
employment
status]
IN
NATIONAL
GOVERNMENT
AGENCIES
(NGAs),
INCLUDING
STATE
UNIVERSITIES AND COLLEGES (SUCs), GOVERNMENT-OWNED
AND -CONTROLLED CORPORATIONS (GOCCs), GOVERNMENT
FINANCIAL INSTITUTIONS (GFIs) AND LOCAL GOVERNMENT
UNITS (LGUs) HOLDING PERMANENT OR TEMPORARY STATUS,
CASUAL OR CONTRACTUAL, WHOSE SALARIES ARE CHARGED
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AGAINST
PERSONNEL
SERVICES
(PS)
LUMP
SUM
APPROPRIATION, RENDERING SERVICES ON FULLTIME OR
PART TIME BASIS AND WHOSE POSITIONS ARE COVERED, OR
OTHERWISE BY R.A. 6758, “COMPENSATION AND POSITION
CLASSIFICATION ACT OF 1989”, AS AMENDED.”
SEC. 2. Section 9 of Republic Act No. 7305 is hereby amended to read as
follows:
“Section 9. Discrimination Prohibited. - A public health worker shall not
be discriminated against with regard to [gender, civil status, creed,
religious or political beliefs and ethnic groupings] POLITICAL OR
RELIGIOUS AFFILIATIONS, SEX, SEXUAL ORIENTATION AND
GENDER
IDENTITY,
CIVIL
STATUS,
AGE,
DISABILITY,
OR
ETHNICITY in the exercise of his/her profession.”
SEC. 3. Section 11 of Republic Act No. 7305 is hereby amended to read as
follows:
“Section 11. Administrative Charges. - Administrative charges against a
NATIONAL
public health worker shall be heard by a committee
[composed of the provincial health officer of the province where the
public health worker belongs, as chairperson, a representative of any
existing national or provincial public health workers' organization or in its
absence its local counterpart and a supervisor of the district, the last two
(2) to be designated by the provincial health officer mentioned above.
The committee shall submit its findings and recommendations to the
Secretary of Health within thirty (30) days from the termination of the
hearings. Where the provincial health officer is an interested party, all
the members of the committee shall be appointed by the Secretary of
Health.]
OR
OFFICER
DESIGNATED
BY
THE
DISCIPLINING
AUTHORITY AND/OR ITS DELEGATED OFFICER OR OFFICERS
UNDER ITS JURISDICTION, IN ACCORDANCE WITH EXECUTIVE
ORDER 292, ITS IMPLEMENTING RULES AND REGULATIONS,
AND
OTHER
PERTINENT
CIVIL
SERVICE
RULES
AND
REGULATIONS.
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FOR
LOCAL
PUBLIC
HEALTH
WORKERS,
ADMINISTRATIVE
CHARGES
SHALL
BE
HEARD
BY
A
COMMITTEE
OR
OFFICER
CREATED/DESIGNATED
BY
THE
PROVINCIAL
HEALTH
BOARD
IN
CASES
WHERE
THE
ADMINISTRATIVE COMPLAINT IS FILED AGAINST A PUBLIC
HEALTH
WORKER
STATIONED
IN
PROVINCES,
MUNICIPALITIES OR COMPONENT CITIES, OR BY THE CITY
HEALTH
BOARD
IN
CASES
WHERE
THE
ADMINISTRATIVE
COMPLAINT IS FILED AGAINST A PUBLIC HEALTH WORKER
STATIONED IN HIGHLY- URBANIZED CITIES OR INDEPENDENT
COMPONENT
CITIES,
IN
ACCORDANCE
WITH
PERTINENT
RULES
AND
REGULATIONS.
THE
COMMITTEE/HEARING
OFFICER
SHALL
SUBMIT
RECOMMENDATION
TO
THE
APPROPRIATE
DISCIPLINING
AUTHORITY
WITHIN THIRTY
(30)
DAYS
FROM
THE
TERMINATION
OF
THE
INVESTIGATION/HEARINGS.”
SEC. 4. Section 18 of Republic Act No. 7305 is hereby amended to read as
follows:
Section 18. Night Shift Differential. - (a) Every public health worker shall
be paid a night shift differential of [ten percent (10%)] TWENTY
PERCENT (20%) of his/her regular wage for each hour of work
performed during the night-shifts customarily adopted by hospitals,
BIRTHING
CLINICS
AND
OTHER
HEALTH
FACILITIES
OPERATING
IN A 24/7 SHIFT AND DURING CALAMITIES,
DISASTERS AND PUBLIC HEALTH EMERGENCIES.
(b) Every health 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%)] TWENTY PERCENT (20%) of such overtime rate for each
hour of work performed between [ten (10)] SIX (6) o’clock in the
evening to six (6) o’clock in the morning: PROVIDED, THAT THE
FOREGOING RULES ON NIGHT SHIFT DIFFERENTIAL SHALL BE
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SUBJECT TO THE PROVISIONS OF R.A. 11701 OR AN ACT
GRANTING NIGHT SHIFT DIFFERENTIAL PAY TO GOVERNMENT
EMPLOYEES INCLUDING THOSE IN GOVERNMENT-OWNED OR
-CONTROLLED
CORPORATIONS
AND
ITS
RULES
AND
REGULATIONS.”
SEC. 5. Section 21 of Republic Act No. 7305 is hereby amended to read as
follows:
“Section 21. Hazard Allowance. – [Public health workers in hospitals,
sanitaria, rural health units, main health centers, health infirmaries,
barangay health stations, clinics and other health-related establishments
located in difficult areas, strife-torn or embattled areas, distressed or
isolated stations, prisons camps, mental hospitals, radiation-exposed
clinics, laboratories or disease-infested areas or in areas declared under
state of calamity or emergency for the duration thereof which expose
them to great danger, contagion, radiation, volcanic activity/eruption,
occupational risks or perils to life as determined by the Secretary of
Health or the Head of the unit with the approval of the Secretary of
Health, shall be compensated hazard allowances equivalent to at least
twenty-five percent (25%) of the monthly basic salary of health workers
receiving salary grade 19 and below, and five percent (5%) for health
workers with salary grade 20 and above.] BY THE NATURE OF THEIR
WORK, WHICH SUBJECT THEM TO HEALTH HAZARDS AND
OCCUPATIONAL
RISKS,
ALL
PUBLIC
HEALTH
WORKERS
REGARDLESS OF THE DEGREE OF THEIR EXPOSURE TO SUCH
HAZARDS AND RISKS SHALL BE ENTITLED TO A MONTHLY
HAZARD
ALLOWANCE
OF
TEN
THOUSAND
PESOS
(PHP
10,000.00)
WITHOUT
PREJUDICE
TO
INCREASE
OF
THIS
AMOUNT AS MAY BE WARRANTED IN THE FUTURE BY THE
SECRETARY OF HEALTH.
SEC. 6. Section 22 of Republic Act No. 7305 is hereby amended to read as
follows:
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Section 22. Subsistence Allowance. – [Public health workers who are
required to render service within the premises of hospitals, sanitaria,
health infirmaries, main health centers, rural health units and barangay
health stations, or clinics, and other health-related establishments 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 Secretary of Health in consultation with the Management-Health
Worker's Consultative Councils, as established under Section 33 of this
Act: provided, that representation and travel allowance shall be given to
rural health physicians as enjoyed by municipal agriculturists, municipal
planning and development officers and budget officers.] ALL PUBLIC
HEALTH WORKERS SHALL BE ENTITLED TO FULL SUBSISTENCE
ALLOWANCE EQUIVALENT TO ONE HUNDRED FIFTY PESOS
(P150.00)
PER
DAY
FOR
RENDERING
ACTUAL
SERVICES
WITHOUT PREJUDICE TO INCREASE OF THIS AMOUNT AS MAY
BE
WARRANTED
IN THE FUTURE BY THE SECRETARY OF
HEALTH.
SEC. 7. Section 24 of Republic Act No. 7305 is hereby amended to read as
follows:
Section 24. Laundry Allowance. - All public health workers who are
required
to
wear
uniforms
regularly
shall
be
entitled
to
laundry
allowance equivalent to [One hundred twenty-five pesos (P125.00)]
FIVE HUNDRED PESOS (P500.00) per month without prejudice to
increase of this amount as may be warranted in the future by the
Secretary of Health.
SEC. 8. Section 35 of Republic Act No. 7305 is hereby amended to read as
follows:
Section 35. Rules and Regulations. - The Secretary of Health after
consultation with appropriate agencies of the Government as well as
ACCREDITED professional and health workers’ organizations or unions,
shall formulate and prepare the necessary rules and regulations to
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implement the provisions of this Act [. Rules and regulations issued
pursuant to this Section], WHICH shall take effect thirty (30) days after
publication in a newspaper of general circulation.
SEC. 9. Section 38 of Republic Act No. 7305 is hereby repealed and a new
Sections 38 shall be inserted as follows:
“SEC. 38. APPROPRIATIONS. – THE AMOUNTS NECESSARY FOR
THE IMPLEMENTATION OF THIS ACT SHALL BE CHARGED
AGAINST THE CURRENT YEAR AVAILABLE APPROPRIATIONS OF
THE
RESPECTIVE
AGENCIES.
THEREAFTER,
THE
AMOUNT
NECESSARY FOR ITS CONTINUOUS IMPLEMENTATION SHALL
BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS.”
SEC. 10. 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. 11. 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. 12. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and in a newspaper of general circulation.
Approved,
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