Republic of the Philippines
HOUSE OF REPRESENTATIVES
. Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

ve
* HOUSE BILL NO. 2537

Authored by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

One of the main fundamentals of democracy is a vibrant,
dynamic media. Philippines, being a democratic country, cannot
sustain and preserve its liberal ideas and principles without such
media.

Journalists - the leading source of news and information - risk
their life and limb in order to make the public aware of the events
happening in and out of the country. There have been reliable reports,
however, involving some exploitative publishing firms that abuse and
trample on the rights of journalists. These media outfits do not provide
journalists with security of tenure, humane work conditions, just
wages and a comprehensive benefits package. Journalists do not
enjoy additional compensation such as hazard pay, night differential,
and insurance. Moreover, many of them have been subjected to
physical harm by criminal elements and even by some rotten and
abusive members of the Philippine National Police (PNP). Take as
instance the case of Ferdinand Reyes, Carlos Sanchez, and many
others that were either killed or severely injured in the line of duty.

Considering these abuses against journalists, it has been
urgently necessary for the enactment of a law that will: effectively
deter physical abuse against journalists through the imposition of stiff
penalties; provide for security to journalists through standardized
policies on their work conditions, salary, and reasonable benefits
package.

Journalists, being constantly exposed to danger, should be
accorded greater financial and social security to motivate and
encourage them to better perform their duties and responsibilities as
truthful informers of the people. Hence, should they get injured or be
killed in the performance of their significant tasks, their families would
be able to avail of certain benefits that will help them maintain normal
lives.


This bill seeks to protect the welfare of journalists, instituting for
the purpose a comprehensive benefits and compensation package.

This measure therefore seeks to promote both the welfare and
protection of journalists as front line media persons by providing social
security in the strictest sense of the word.

Approval of this bill is earnest sought.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2537

Authored by HON. JOSEPH VICTOR G. EJERCITO

AN ACT
PROMOTING THE WELFARE OF AND PROVIDING
PROTECTION TO JOURNALISTS, PROVIDING
PENALTIES THEREOF 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 “Journalist:
Welfare and Protection Act of 2010.”

SEC. 2. Declaration of Policy and Objectives. It is declared
policy of the State that workers shall be entitled to security to tenure,
humane conditions of work, and a living wage. Consonant with this
institutional principle, this Act shall have the following objectives:

a) To ensure that the journalists shall be provided with a
comprehensive
benefits package at par with the current benefits enjoyed by
those in the labor force;

b) To motivate and encourage the journalists to better perform
their duties as truthful and responsible informers of the
people; and

¢) To ensure the creation of an atmosphere conducive to a
productive and fruitful journalism work for journalists.

SEC. 3. Definition of Terms. For purpose of this Act, the
following terms will be used extensively in the course of this act.

a) “Media entities” - refers to all companies in the print and
broadcast
media (radio, television and newspapers) that are involved in
the dissemination of news and information for public


consumption and are duly accredited by any reputable
association of media person such as, but not limited to, the
Philippine Information of news and information for public
consumption and are duly accredited by any reputable
association of media person such as, but not limited to, the
Philippine Information Agency — Office of the Press Secretary,
National Press Club (NPC), National Union of Journalists of the
Philippines (NUJP), and Kapisanan ng mg Broadcaster sa
Pilipinas (KBP).

b

Editorial and/or News Department - refers to  editors-in-
chief, news

editors columnists, deskmen, reporters, correspondences and
photographers on the part of the print media, and news
editors, newscasters, commentators/announcer field reports,
field correspondents, and cameramen on the part of the
broadcast media.

c) “Front-in-line media person” - specifically refers to those
directly involved in data gathering from the field, and news
reporting whether in print, on television or on radio reporting
whether in print, on television or on radio, such as, but not
limited to, print reporters, cameramen, photo-journalists,
radio reporters and television reporters.

d

=

“Journalist” shall mean any member of the Editorial and/or
News Department including front-line media persons.

SEC. 4. Coverage. This Act shall apply all permanent,
temporary, contractual and casual journalists employed by all existing
media entities in the Philippines.

Article II
DUTIES, OBLIGATIONS AND PROFESSIONAL CONDUCT

SEC. 5. Duties and Obligations. The journalist shall:

a) Discharge his/her duties with conscience and dignity;

b) Perform his/her duties with utmost respect for truth and
honesty;

c) Exercise his/her profession without considerations of race,
religion, nationality and party/political affiliation or social
standing;

d) Perform other duties and functions their profession may
require.


SEC. 6. Code of Professional Conduct. Within six (6)
months from the approval of this Act, the Press Secretary, upon
consultation with existing journalists’ organization, shall formulate and
Prepare a Code of Professional Conduct or Journalists which shall be
disseminated as widely as possible.

Article III

HOURS OF WORK, WORKING CONDITIONS
SALARIES AND RENUMERATIONS

SEC. 7. Normal Hours of Work. The normal hours of work of
any journalist shall not exceed eight (8) hours a day or forty eight
(48) hours a week.

Hours worked shall include:

a) All the time during which a journalist is required to be on
active duty or
to be at a prescribed workplace and

b) All the time during which a journalist is permitted to work:
Provided, that the time when a journalist is place on “On Call”
status shall not be considered as hours worked but shall
entitle the journalists to an “on call” pay equivalent to fifty
percent (50%) of his regular wage.

SEC 8. Overtime Work. Where the exigencies of the service
so require, any journalist, who, under the Labor Code, may be
required to render service beyond the normal eight (8) hours a day,
shall be paid an additional compensation for the overtime work in an
equivalent to his/her regular wage plus at least twenty-five (35%)
thereof.

SEC. 9. Work During Rest Day or Holiday.

a) Where a journalist is required to work his/her scheduled rest
day and/or special holidays not falling on regular holidays,
he/she shall be paid a compensation equivalent to his/her
regular wage plus at least thirty percent- (30%) and an
additional amount of not less than ten percent (10%) of such
premium pay rate for each hours of work performed.

b) Where a journalist is required to work on any regular holiday,
he/she shall be entitled to his/her regular wage during these
days plus an additional compensation of not less than ten


percent (10%) of such premium pay rate for each hour of
work performed. Where such holiday work falls on the
worker's scheduled rest day, he/she shall be entitled to an
additional compensation of thirty percent (30%) of his/her
regular wage.

SEC. 10. Night Shift Differential. Any journalist required to
work between ten o’clock in the evening and six o’clock in the morning
shall be paid a night shift differential of ten percent (10%) of his/her
regular wage for each hour of work performed.

SEC. 11. Salaries.

a) Criteria for salaries - In determination of the salary scale of
journalists
the following factors shall, inter alia, be considered:

1) Comparable wages and_ income _in their occupations
with same
degree of training and qualifications;

2) Cost of living;
3) Imperatives of economic and social development.

b) Salaries to be paid in Legal Tender Salaries of journalists 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 banking
institution operating under the laws of the Republic of the
Philippines.

Article IV
BENEFITS AND ALLOWANCES

SEC. 12. State Insurance Fund. Coverage in the state
Insurance Fund shall be compulsory upon all media entities and the
journalists as provided by existing laws.

SEC. 13. Hazard Allowance. Front-line media journalists
assigned for at least five (5) days within one (1) month in hospital,
difficult areas, strife-torn or embattled areas, distressed or isolated
stations, prison camps, mental hospitals, disease-infested areas or in
areas declared under state of calamity or emergency for the duration
thereof which expose them to great danger, radiation, volcanic activity
or eruption and the like, shall be compensated hazard allowances
equivalent to at least fifty percent (50%) of their monthly basic salary.


Member of the Editorial or News Department shall likewise be entitled
to a hazard allowance equivalent to twenty-five percent (25%) of their
monthly basic salary, to be given on the first pay period of January
each year.

, SEC. 14. Exemption from Travel Tax, Terminal Feed and
other Related Charges. All journalists whose travels is in pursuit of
journalistic assignments as certified by their superiors, shall include,
among others, toll fees in freeways and ferry boats in inland travels.

Article V
LEAVE AND RETIREMENT BENEFITS

SEC. 15. Right to Self-Organization. Journalists shall have
the right to freely form labor organizations for purposes not contrary
to law in order to defend and protect their mutual interest and to
obtain redress of their grievances through peaceful means.

SEC. 16. Freedom from Interference of 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 journalist
shall not join
a journalists’ organization or shall relinquish membership
from one to which he/she belongs.

c) To discriminate in regard to tenure of employment as any
term or condition of employment in order to encourage or
discourage membership in any journalists’ organization.

d) To harass or interfere with the discharge of the functions of
the journalist and prevent him/her from performing his/her
duties and responsibilities.

Article VI
NATIONAL JOURNALISTS’ COORDINATING COUNCIL

SEC. 17. There shall be established a National Journalists’
Coordinating Council to be composed of five (5) members namely: the
Press Secretary as Chairman, and as members, the Chairman of the
Philippine Information Agency, Director of the Media and Information
Bureau, Director of the Media Relations and Accreditation Center, and
two appointive members, one of whom shall represent the employees
and the other, the employees, to be appointed by the President of the
Philippines for a term of six (6) years. All vacancies shall be filled for


the unexpired term only. The presence of four (4) Members shall
constitute a quorum.

SEC. 18. Power and Duties. The Council shall have the
following power and duties:

a) To initiate policies and programs for journalists to grow and
develop in
their potentials and experience a sense of worth and dignity
in their
work,

b) To institutionalize mechanisms to upgrade the working
conditions and salaries of journalists;

c) To create programs for continued manpower training and
development to enable journalists to avail of educational
opportunities of personal growth and development;

d) To ensure that due process is observed with regard to abused
journalists;

e) To institutionalize mechanisms for democratic consultation
with the government in the event that existing national
’ policies affecting the journalists are ineffective;

f) To acquire property, real or personal, which may be
necessary or expedient for the attainment of the purposes of
this Act;

g) To perform such other acts as it may deem appropriate
for the attainment of the purposes of the council and proper
enhancement of the provisions of this Act.

Article VII
FINAL PROVISION

SEC. 19. Penal Provision. Any person shall willfully interfere
with restrain or coerce any journalist in the exercise of his/her duties
and his/her rights guaranteed by this Acts or shall in any manner
commit any act in violation of the provisions of this Act, the rules and
regulations issued pursuant thereto shall, upon conviction, be
punished by a fine of not less than fifty thousand pesos (P50,000.00)
nor more than one hundred thousand pesos (P100,000.00) or
imprisonment of not less than five (5) years nor more than ten (10)
years or both such fine and imprisonment depending upon the
discretion of the court. Provided, that if the offender is a public
official, in addition to the penalties provided in the preceding


paragraph, the penalty of perpetual disqualification from office shall be
imposed.

SEC. 20. Separability Clause. If any provision of the Act is
declared invalid, the remainder of this Act or any provisions not
affected thereby shall remain in force and effect.

SEC. 21. Repealing Clause. Any law, presidential decree or
issuance, executive order, letter of instruction, rule or regulation
inconsistent with the provisions of this Act is hereby repealed or
modified accordingly.

SEC. 22. | Effectivity Clause. This Act shall take effect fifteen

(15) days from the date of its publication in the Official Gazette or in
at least two (2) newspaper of general circulation.

Approved,