Republic of the  Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congres s
First Regular Session
HoUSEBILLNo.        7775
Introduced by Representatives: FERDINAND MARTIN G.
ROMUALDHZ, MANUHL JOSE "MANNIX" M. DALIPE, FHRDINAND
ALEXANDER A. MARCOS, YEDDA MARIE K. ROMUALDEZ, JUDE
A. ACIDRE
AN ACT
GRANTING  HAZARD  PAY  TO  PUBLIC  PROSECUTORS  EXPOSED
T0  HAZARDOUS  SITUATIONS  AND  PERFORMING  HAZARDOUS
DUTIES  RELATED  TO  ASSIGNHD  CASES  AND  APPROPRIATING
FUNDS THHREFOR
E_XPLANATORY NOTE_
This  bill  seeks  to  grant  hazard  pay  to  public  prosecutors  exposed  to
hazardous situations and performing hazardous duties related to their assigned
Cases.
Article 11, Section 5 of the  1987 Philippine Constitution declares that the
"rna.in:enance Of peace and order, the protection Of life, liberty, and property,
a:d the p_rom_otion Of the general welf are are essential f or the enjaymen; by -all
the people Of the blessings Of democraey."
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 Johame 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 Am 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 which should entitle them to a hazard pay.
Thus,  the  proposed   legislation  seeks  to  entitle  prosecutors  who  are
performing  hazardous  duties  or  exposed  to  hazardous  situations,  additional
compensation by way of hazard pay equivalent to twenty percent (20%) of the
prosecutor' s basic monthly salary.
In view of the foregoing, the approval of this bill is earnestly sought.
2


Representative
First District, Leyte
FHRDINAND ALEXANDER A. MARCOS
Represerttative
District, Ilocos Norte
MARIH K. ROMUALDEIZ
Represehiative
Party-List, Tingog Sinirangan
3


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSEBILLNo.        7775
Introduced by Representatives: FERDINAND MARTIN G.
ROMUALDHZ, MANUEL JOSE "MANNIX" M. DALIPH, FERDINAND
ALEXANDER A. MARCOS, YHDDA MARIE K. ROMUALDEZ, JUDE
A. ACIDRE
12
AN ACT
GRANTING  HAZARD  PAY  TO  PUBLIC  PROSECUTORS  EXPOSHD
TO  HAZARDOUS  SITUATIONS  AND  PERFORMING  HAZARDOUS
DUTIES  RELATED  T0  ASSIGNHD  CASHS  AND  APPROPRIATING
FUNDS THEREFOR
Pe i4 enacted by th? .Seyate and the House Of Representatives Of the Philippines
in Congress assembled:
SECTION  1.  Sfoorf  ri.I/e.  -This  Act  shall  be  known  as  the   "Pct6/z.c
Prosecutors ' Hazard Pay Act."
13                 SECTION  2.  Dcc/¢ra/z.o#  a/Po/I.cjJ.  -It  is  the  policy  of the  State  to
14     maintain peace  and  order,  protect  life,  liberty  and property,  and promote  the
15      general welfare of the people for the enjoyment of the blessings of democracy.
16      To realize this policy, the State recognizes the indispensable role of the public
17      prosecutors  in  our  criminal justice  system.  Towards  this  end,  the  State  shall
18      provide  the  necessary  support  to  ensure  that  public  prosecutors  are  properly
19      compensated and insured as they perform their functions.


1                 SECTION   3.   CotJcrogc.   -  The   public   prosecutors   of  the   National
2     Prosecution Service of the Depatment of Justice who are actually performing
3      any  of the  hazardous  duties  and  exposed  to  the  conditions  enumerated  in
4      Section 4 of this Act, as certified by the  Secretary of Justice or an authorized
5      representative, are entitled to the benefits under this Act.
6                 SECTION 4. H¢z¢rd pal?. -A public prosecutor is entitled to hazard pay
7      equivalent to twenty  percent  (20%)  of the  basic  monthly  salary  while  in the
8     performance of the following hazardous duties:
9                 (a)      Assigned  to  conduct  the  inquest,  preliminary  investigation,  and
10     prosecution of cases  involving crimes against national  security and the law of
11      nations,  the  fundamental  laws  of the  State,  public  order,  and  those  crimes
12      committed  by  public  officers  as  defined  and  penalized  under  Act  No.  3815,
13     othe:rwise known als "The Revised penal code".,
14                 (b)      Assigned  to  conduct  the  inquest,  preliminary  investigation,  and
15      prosecution  of  cases  involving  Republic  Act  (RA)  No.  9165,  as  amended,
16      othe:rw±se kro:wn as the  "Comprehensive Dangerous Drugs Act Of 2002", RA
17      10S9+,  otherwise  hoown  a,s  the  C.Comprehensive  Firearms  and  Ammunition
18     jzeg%/ofz.o# 4cf ",   RA 3019, as amended, commonly known as the  "4#/..-Gr¢/J
19      cz#c7  Comtpf Prczcfi.ces z4cf ",  RA  9160,  as  amended,  otherwise  known  as  the
20       "472fz.-A4lo72e)/  I,o%#c7erz.ng  ;4cf  o/ 200J "  and  RA   11479,  otherwise  known  as
21      "The Anti-Terrorism Act of 2020".,
2


1                 (c)      Assigned  to  conduct  the  inquest,  preliminary  investigation,  and
2      prosecution of cases involving transnational crimes,  including illicit trafficking
3      of narcotic  drugs  and  psychotropic  substances,  money  laundering,  terrorism,
4      arms smuggling, trafficking in persons, piracy, and other crimes with significant
5      impact on the political, economic and socio-cultural stability and security of the
6      country;
7                 (d)      Assigned or exposed to hazardous situations, including assigrment
8      in strife-tom or embattled areas, distressed or isolated stations, disease-infested
9      areas and areas declared under state of calamity or emergency; and
10                 (e)      Assigned  to  conduct  the  inquest,  preliminary  investigation,  and
11     prosecution  of offenders  who  have  been  previously  convicted  of any  of the
12      crimes mentioned in paragraphs (a) to (c) of this section.
L3                SIEC"OIN  5. Tax Exemption  and Non-Diminution of Benef its. -The
14      hazard pay provided in this Act is not subject to tax and nothing in this Act is
15      construed  to  diminish,  in  any  marmer,  any  benefit  granted  by  existing  laws,
16      rules  and regulations,  local  ordinances,  and  other issuances to  duly  appointed
17      public prosecutors.
18                SECTroN 6. Implementing Rules and Regulations. -Within stry (60)
19     days from the effectivity of this Act, the Secretary of Budget and Management
20      and  the  Secretary  of Justice  shall jointly  formulate  and  issue  the  guidelines,
21     rules and regulations for the effective implementation of this Act.
3


1                 SECTION  7..dyprapH.¢fl.o"s.  -The  amount  necessary  for  the  initial
2      implementation of this Act shall be charged against the current appropriations of
3      the Department of Justice.  Thereafter,  such  sum  as may be necessary  for the
4      continued   implementation   of  this   Act   shall   be   included   in   the   General
5      Appropriations Act.
6                 SECTION 8. Scp¢robz./rty cJ¢wsc. -If any provision or part of this Act is
7      declared  invalid  or  unconstitutional,  the  remaining  parts  or  provisions  not
8     affected shall remain in force and effect.
9                 SECTION  9.  Rcpc¢/i.#g CJ¢w§c.  -All  laws,  decrees,  executive  orders,
10     rules  and  regulations,  or  parts  thereof contrary  to  or  inconsistent  with  the
11      provisions of this Act are amended, repealed or modified accordingly.
12                  SECTION 10. Ejffccfi.vtry cJ¢wse. -This Act shall take effect fifteen (15)
13      days  after its  publication  in the  O;orcz.cz/  Gcizefze  or  in  a newspaper of general
14      circulation.
15                  Approved,
4