Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

1409
COMMITTEE REPORT NO.

a . . Os SEP 201
Submitted by the Committee on National. Defense and Security on ______—— 7
Re: House Bill No. 4617 .
Recommending its approval without amendment
Sponsor; Representative Rodolfo G. Biazon

‘Mr. Speaker:
‘The Committee on National Defense and Security to which was referred House Bill No. 4617

introduced by Rep. Rodolfo G. Biazon and Rep. Cesar Vergara Sarmiento, entitled:

“AN ACT PRESCRIBING RATES OF PAY AND ALLOWANCES FOR
OFFICERS AND ENLISTED PERSONNEL OF THE ARMED FORCES OF THE
PHILIPPINES (AFP) WHILE ON OVERSEAS DUTY WITH A PHILIPPINE

EXPEDITIONARY OR PEACEKEEPING CONTINGENT PURSUANT TO A
0 A UNITED NATIONS

PHILIPPINE COOPERATIVE COMMITMENT T!
SANCTION OR POLICY AND FOR OTHER PURPOSES”

has considered the same and recommends its approval without amendment, with Reps. Biazon,

_ Sarmiento C., Zubiri, Quisumbing and Calixto-Rubiano as authors thereof oo

Respec! itted,

HON. RODOLFO G. BIAZON
Chairman
Committee on National Defense and Security

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES

QUEZON CITY



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

4617

House BilHNo.

Introduced by Hon, Rodolfo G. Biazon

EXPLANATORY NOTE

‘The 1987 Constitution provides in Section 2, Article Ik that the Philippines *...
renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations...”.. This
provision is the general basis and authority of the country in sending peacekeeping
and/or expeditionary contingents overseas in compliance with its international
commitments as a member of the United Nations.

Historically, the Philippines had previousty sent peacekeeping and
expeditionary contingents or forces to several countries such as Congo, Korea,
Vietnam, Haiti and East Timor in order to enforce United Nations sanctions and
policies. Currently, it has contingents in some 2ountries in Africa and in the
Middle East. Aside from the fact that the county is able to perform its obligation
under the United Nations Charter, it provides the AFP the opportunity to devetop an
expertise on international peacekeeping and expeditionary duties. Furthermore, the
members receive additional compensation, both from the government and the
United Nations, which is of substantial financial help to their families.

However, except for R.A. 573 dated September 7, 1950, which, provided,
among others, for the creation, organization, equipage and rates of pay of the
Philippine Expeditionary Force to Korea, there appears to be no specific legislation
that determines the rates of pay and financial support which the members of the
contingents should receive, especially with respect to the financial assistance
provided by the United Netions. Thus, the rates of pay and allowances of members
of the country’s overseas contingents are not standardized, This is further
exacerbated by the absence of guidelines on the proper utilization of United
ations funds which enabled the AFP to unilaterally determine how much the



contingent members should receive. This situation results in the improper utilization
of the aid funds and thereby could embarrass the country in the international
community, not to mention its adverse effects on the morale and welfare of the
officers and enlisted personnel serving overseas.

‘This bill seeks to standardize the rates of pay, allowances and benefits of
officers and enlisted personnel of peacekeepingexpeditionary contingents serving
‘overseas; and farther provides guidelines for the proper treatment and utilization of
fumds for the contingents, especially those emanating from the United Nations.

Premises considered, the passage of this bill is earnestly sought.

LFOAY. Bi

Re ive
‘Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS

First Regular Session

House Bill No. 4617

ca

Introduced by Hon. Rodolfo G. Biazon

AN ACT
PRESCRIBNG RATES OF PAY AND ALLOWANCES FOR OFFICERS AND
ENLISTED PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES (AFP)
WHILE ON OVERSEAS DUTY WITH A PHILIPPINE EXPEDITIONARY OR
PEACEKEEPING CONTINGENT PURSUANT TO A PHILLIPINE COOPERATIVE

COMMITMENT TO A UNITED NATIONS SANCTION OR POLICY AND FOR
OTHER PURPOSES.

1. PRELIMINARY PROVISIONS

SECTION ONE. Shot Title. — This Act shall be known as th
Philippines Peacekeeping/t'xpeditionary Contingent/Force Law of 201

Armed Forces of the

Sec. 2. Purpose. ~ This Act shail provide the special rates of pay and allowances for
uniformed military personnel of an Armed Forces of the Philippines (AFP)
expeditionary/peacekeeping contingent serving averseas pursuant to Philippine cooperative
commitment to a United Nations enforcement of sanctions and/or policies.

Sec. 3. Declaration of Policy. ~ Aware of the hazards and the financial dislocation
which attend overseas duty service of AFP uniformed personnel in the enforcement of United
Nations sanctions and policies, this legislation secks to determine, rationalize, establish and
standardize the rates of pay and allowances for officers and enlisted personnel in order to
provide them adequate materiat and financial support and benefits.

Sec. 4. Applicability. ~ The provisions of this Act shall apply only to officers and
enlisted personnel on active duty of the Armed Forces of the Philippines serving as members
of a Philippine expeditionary/peacekeeping contingent. “Overseas duty" and “service
overseas” shall refer and include any period of service commencing from the date of
departure from the Phifippines for service in foreign territory and terminating the
individual's disembarkation or tanding on Philippine soil: Provided, That when an individual

| t


is authorized to retum to the Philippines temporarily he shal! be deemed to be rendering
sevice overseas during the period of his temporary stay not exceeding fiflecn days,

IL ADDITIONAL PAY AND ALLOWANCES

Sec. 5. Additional Pay for Overseas Duty. - (a) In addition to their monthly base
ofticers and enlisted personne! shall, on account of service overseas as members ote
Prilippine expeditionary/peacekceping contingent hereinabove referred 10, recive at
sctitional overseas duty pay. Officers shall receive ditional pay equivalent to Ay povcom
(60%) of their base pay. Enlisted personne!, while serving overseas, shall reccive mddstional
Bay equivalent to seventy-five percent <75%) of their base pay and quarters allowance:
Provided, That enlisted personnel shall not, while receiving overseas pay under the
Provisions of this Act, be entitled to additiéna! pay for hazardous duty and/or “combat duty
pay.

(by Except as otherwise specifically provided above, officers and enlisted personnel
receiving additional pay as hereinabove provided shalt not be disqualified from receiving
cther addtional pay 10 which they may be entitled, under laws and regulations of gener
application to officers and/or enlisted personnel of the’ Armed Forces of the Phitippines,

Sec. 6. Allowances. ~ Officers and enlisted men shall be entitled during their
overseas duty service to rations, barracks accommodations, medical attendance, clothing and
subsistence and quarters allowance as are provided by laws and regulations of
application to szid personne] of the Armed Forces of the Philippines. They shall be furnished
adequate winter and other protective clothing and additional rations or subsistence allowance
‘#s may be provided in appropriations for th's purpose.

Sec, 7, Additional Financial Support. — The aforementioned provisions shall not
prectude said military personne] from receiving additional subsistence allowance which may
be provided by the United Nations relative to or on the occasion of their overseas duty
service.

Sec. 8. Foreign Funding. ~ Funds provided by the United Nations for the use of the
AFP peacekeeping/expeditionary contingent shalt tke the nature of public funds and
deposited with the National Treasury for the specific use of the AFP and only for the said
spec‘fied purpose: Provided, That the said funds shall be immediately released to the AFP in
onder to expedite compliance with the country’s interational commitment to provide said
contingency force.

Sec. 9. Rules and Regulations, - The Secretary of Nationa! Defense shall prepare and
promulgate the implementing rules and regulations to carry out the purpose and intent of this
Act

Sec. 10. Appropriations. - Such sums as maybe necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act.

Sec. 11, Repeating Clause, — All laws, executive orders, rulcs and regulations or parts
thereof which are inconsistent with this Act are hereby repealed or amended accordingly.

w

ee


Sec. 12. Separability Clause. —\f for any reason any provision of this of this Act or
any portion thereof or the' application o such provision thereof is declared invalid or

unconstitutional, the remainder of this Act shall not be affected by such decision.

Sec. 13. Effectivity — This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Approved.

i one



FACT SHEET

— - HOUSE BILL-NG-461 _ a
(As approved by the Committee)

AN ACT PRESCRIBING RATES OF PAY AND ALLOWANCES FOR OFFICERS AND
ENLISTED PERSONNEL OF THE ARMED FORCES OF THE PHILIPPINES (AFP) WHILE ON
OVERSEAS DUTY WITH A PHILIPPINE EXPEDITIONARY OR PEACEKEEPING
CONTINGENT PURSUANT TO A PHILIPPINE COOPERATIVE COMMITMENT TO A UNITED
NATIONS SANCTION OR POLICY AND FOR OTHER PURPOSES

Introduced by. Hon. Rodolfo G. Biazon

Committee Referral: Committee on National Defense and Security
Committee Chairperson: Hon. Rodolfo G. Biazon (Primary)

OBJECTIVES:

—_ "= Te Stidardizethe rates of Say" allowances “and bénéfits of Officers arid efilisted
personnel of the Armed Forces of the Philippines (AFP) serving overseas: with a
Philippine peacekeeping/expeditionary contingent.

To provide guidelines for the proper treatment and utilization of funds for contingents,

especially from the United Nations, thus removing too much discretion on the part of the
AFP but not sacrificing the needs of the men and women on the field.

KEY PROVISIONS:

- Provides for an additional overseas duty pay to officers equivalent to fifty percent (50%)
of their base pay and to enlisted personnel equivalent to seventy-five percent (75%) of
their base pay and quarters allowance.

- Mandates that the said military personnel be entitled to rations, barracks
accommodations, medical assistance, clothing and subsistence quarters allowance,
including winter clothing and other protective clothing as provided by law or
appropriations for the purpose,_without precluding them. from receiving additional
subsistence allowance as may be granted by the United Nations.

- Declares that the funds provided by the United Nations for the use of the AFP
peacekeeping/expeditionary contingents are public funds and deposited with the
National Treasury.

RELATED LAW:

- Sec. 2, Article Il, Constitution of the Republic of the Philippines
- Republic Act No, 573 (dated September 7, 1950)



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
‘Quezon City, Metro Manila

E ON NATIONAL DEFENSE AND

MINUTES OF MEETING OF THE COMMITTE!
AT CONFERENCE ROOMS 3 & 4,

SECURITY HELD ON 01 AUGUST 2011,

MITRA BUIL! SE cr
GUESTS:

BGEN. HONORATO DELOS REYES - DCS, Personnel, J1

COL. ROMEO BASCO -AFPRMO

COL. ABRAHAM CASIS ~ AFPKOC

LTCOL. ARIEL REYES - OJ1, AFP

MAJOR RONEL MANALO - QJ3, AFP

LTCOL, ROLANDO ORENGO. ~ Chief, PKO Br, J5, AFP
ASEC. LESLIE GATAN - Assistant Secretary, DFA
DIR. ADELINA ANCAJAS ~ Dir. II, Cluster B, COA.
MS."SHARLENE RAQUITICO~ = Division Chief, DBM as —

1 CALL TO ORDER

The meeting was called to otder at 1:20 p.m. with the Honorable Rodolfo G. Biazon, Chairman
of the Committee on National Defense and Security, presiding.

Il. CONTINUATION OF THE DELIBERATION OF HOUSE BILL

|As the Committee continued its deliberation on House Bill 4617, Chairman Biazon stated that
his bill aims to clearly define the receipt, custody and expenditure of funds paid to the
government by the United Nations in the deployment of expeditionary/peacckeeping forces. He
Slarified that the bill covers only the deployment of contingents, specifically the Armed Forces
of the Philippines, and not of individuals like the deployment of Philippine National Police and
other civilian individuals

. The Chair explained that presently, the receipt, custody and expenditure of the funds are solely
under the discretion of the AFP and this practice resulted in controversy. He asserted that the
payment coming from the United Nations should not be considered private funds. The funds paid
for the services of the soldiers and utilization of AFP equipment and facilitics should be defined
as govemmnent funds and therefore subject to auditing process. For a period of eight years, the
said funds were not subjected to audit.

In the bill, soldiers who will be deployed as commitment of the country to the United Nations
were accorded overseas duty pay which is fifty percent of the base pay for officers and seventy
five percent of the base pay and quarters allowance for enlisted personnel. He pointed out that
the main objective of is bill is to remove the discretion on the receipt, custody and use of the

funds paid by the United National to the government.

“The position papers submitted by the Armed Forces of the Philippines, Department of Budget
and Management, Commission on Audit, and Bureau of Treasury on the bill were included into
the record of proceedings. The comments and recommendations of the agencies were.as follow

1) AFP recommended that the proposed overseas duty pay should be preferably higher than the
specialist's pay in order to provide greater incentives for them to serve outside the country. The


‘onal pay and allowances are similar or separate

from those reimbursements and/or allowances currently provided by the United Nations. The
Dill should exclude the troop cost reimbursement frors being treated as public funds for deposit

———~-—+o-the national treasury. ~And-inrtiew- of the proposed fifty: pereent-seventy-five percent seheme; — —
they recommended a flat rate allowance of eighty five percent of the troop cost. Presently, the
UN rate of troop cost is one thousand twenty eight dollars, 2) DBM recommended that the
members of peacekeeping contingents should not be limited to mili personnel. To

standardize compensation for members of peacekeeping contingents, it should also cover police

and civilian personnel. The bill may likewise be considered as authorizing double compensation
as it prescribes allowances for similar purposes such as ‘the receipt of rations and subsistence
allowance as well barracks accommodations and quarters allowance. 3) BoT commented that as
regards Section 8 of the bill, the Bureau shall monitor the funds that will be provided by the UN
for the specific use of the AFP and only for the said specified purpose and shal! issue
certifications for the amount remitted. As regards Section 10, the Bureau will make funds
available to cover expenses; and 4) COA recommended the expansion of the purpose of the bill
in Section 2 to include other disbursements charged against the UN peacekeeping funds and not
limit it only to the allowances of the troops/contingents. There are no specific guidelines on the

disbursements except for the MOA.

bill should stipulate whether the proposed additi

In response to the position of COA, the Chair clarified that his bill entitles AFP members on
overseas duty 10 receive various allowances as provided by laws and regulations of general
application to said AFP personnel. The bill shall not preclude said military personne! from
receiving additional subsistence allowance which may be provided by the UN relative to their
overseas duty service. The only pay disallowed by the bill is the hazardous duty and/or combat

duty pay while the enlisted personnel is receiving overseas pay.

(On motion of Rep. Jose Ma. F. Zubiri Ill, seconded by Rep. Imelda G. Calixto-Rubiano, there
being no objections, the bill was approved in principle for submission to Plenary.

UI. ADJOURNMENT
‘There being no other matter to discuss to meeting adjourned at 1:38 p.m.

I certify to the correctness'of the foregoing:

Prepared by:
wrk 09

MELCHORA C. TANEDO

Supervising Legislative Staff Officer IT

‘Noted by: Atiested by:
j e
nocen dfrcon HON. RODOLFO G. BIAZON

Commitice' Secretary Chairman
i Committee on National Defense and Security