Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _5042

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

EXPLANATORY NOTE

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 capabi 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.

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 Congress.

JOHN IN “¥UL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 9942

Introduced by Hon. 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 shali 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:

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

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

. 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;

b. discharge his/her duty humanely with conscience and dignity;

c. remain rescue ready at all times and is ready to deploy in any kinds of
emergencies;

d. be willing to give himself/herself freely to rescue those in peril;

e. be disciplined, physically fit and mentally tough, trained and proficient in
his/her tasks and drills;

f. 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.

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. Night-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 reguiar
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;

c. 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;

. 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;

e. 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.

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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 Ciause. - 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,