Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EITHTEENTH CONGRESS
First Regular Sessjan, 3

HOUSE BILLNO._

Introduced by Representative Edgar Mary S. Sarmiento

EXPLANATORY NOTE

‘Among the fundamental policies of the State is to safeguard the integrity of its territory
and the wellbeing of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and to defend the same
against acts or omissions detrimental to their development and preservation

‘Such huge task is entrusted to the men and women of the Philippine Drug Enforcement
Agency since 2002, upon the enactment of Comprehensive Dangerous Drugs Act of
2002 (RA no. 9165). In carrying out this sworn duty, these men and women risk their
lives thwarting drug traffickers, who have resources to conduct their illegal trade at all
cost.

On 2 October 2017, PDEA Agent Mark Anthony Ventura was shot dead in Tuguegarao
City, Cagayan. The ambush is suspected to be work-related, considering that he was on
his way to attend a Court duty when he was ambushed. On 24 February 2018, three
PDEA agents were seriously bumt during an operation when the malefactor they were
chasing set himself on fire.

These recent incidents are just two of the many incidents involving PDEA agents,
highlighting that these agents are actually exposed to graver perils and work-related
hazards. Such exposure to danger and the intensity of their duties necessitate that they
be provided with acceptable living and working conditions, better terms of employment,
the needed additional pays and allowances, and career opportunities in order that they
may be able to effectively carry out their mandate.

The passage of this bill shall ensure that PDEA agents are well provided with the
abovementioned benefits to alleviate the consequences of the hazards they face. Agents
will also be provided with the proper expert trainings to better equip them in fulfiling their
duties. The benefits and compensation provided to PDEA agents will also encourage
those already in the agency to stay and the general public to be part of PDEA

In view thereof, approval of this measure is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EITHTEENTH CONGRESS
First Regular Sessigg 9 4

HOUSE BILL NO.

Introduced by Representative Edgar Mary S. Sarmiento

AN ACT INSTITUTING THE MAGNA CARTA OF BENEFITS FOR THE OFFICERS
AND PERSONNEL OF THE PHILIPPINE DRUG ENFORCEMENT AGENCY

Be enacted by the Senate and House of Representatives in Congress assembied:

TITLE I
THE PHILIPPINE DRUG ENFORCEMENT AGENCY

Chapter One
Preliminary Provisions

SEC. 1. Title. - This Act shall be known as the “Magna Carta of the Drug
Enforcement Officers and Other Personnel of the Philippine Drug Enforcement
Agency.”

Chapter Two
General Provisions

‘SEC. 2. Declaration of Policy. - it is the policy of the State to safeguard the
integrity of its territory and the wellbeing of its citizenry particularly the youth, from
the harmful effects of dangerous drugs on their physical and mental well-being, and
to defend the same against acts or omissions detrimental to their development and
preservation. Such huge task is entrusted to the men and women of the Philippine
Drug Enforcement Agency. In carrying out this swom duty, these men and women
risk their lives against drug traffickers who have all the resources to conduct their
illegal trade at all cost.

It is hereby declared to be the policy of the State to protect the social and
economic welfares of these men and women. Towards this end, the state shall
provide these men and women with decent standard of living by providing them
acceptable living and working conditions, better terms of employment and career
opportunities in order that they may be able to effectively carry out their mandate.



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SEC. 3. Definition of Terms. - For purposes of this Act, the following
definitions area adopted:
a. Board — refers to the dangerous Drugs Board
b. Drug Enforcement Officer — refers to an employee who, by virtue of his/her
position in the Agency, is directly engaged in the conduct of anti-illegal
drug operations such as Intelligence Officer, Security Officer, Special
Investigator, Investigation Agent or are assigned at the National
Headquarters/Services performing other functions and other positions
which may be created In the future with functions related or similar to that
of the afore cited positions
>. PDEA ~ refers to the Philippine Drug Enforcement Agency
|. Personnel — refers to other personnel who are not Drug Enforcement
Officers occupying plantilla positions under the PDEA Organizational and
Staffing Pattern approved by the Department of Budget and Management
. R.A. 9165 — refers to Republic Act No. 9165 or “The Comprehensive
Dangerous Dugs Act of 2002”
The Commission — refers to the Civil Service Commission
|. GSIS — refers to the Government Service Insurance System
The Ombudsman — refers to the Office of the Ombudsman
IRR — shall mean Implementing Rules and Regulations

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Chapter Three
Mandate

SEC. 4, Mandate. - The PDEA shall be responsible for efficient and
effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in R.A. 9165.

TITLE i
ORGANIZATIONAL COMPONENT AND STRUCTURE

Chapter One
Organization

SEC. 5. Organizational Set-up. - The Director General of the PDEA shall be
responsible for the necessary changes in organizational set-up.

For purposes of carrying out its duties and powers, the PDEA shall have the
following Services, namely: Administrative and Human Resource; Compliance;
Financial Management; Internal Affairs; intelligence and Investigation; International
Cooperation and Foreign Affairs; Laboratory Service; Legal and Prosecution; Plans
and Operations; Logistics Management; Preventive Education and Community
Involvement; Special Enforcement Service, Medical and Dental Services; and, the
subsequent service or office which may be created by subsequent laws.

The PDEA shall establish and maintain regional offices in the different regions.
of the country which shall be responsible for the implementation of R.A. 9165 and as
well as its policies, programs and projects.

Chapter Two


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‘The PDEA Academy and Its Training Programs

‘SEC. 6. Mission of the PDEA Academy. - The primary mission of the PDEA
Academy shall be to train and develop Drug Enforcement Officers and personnel of
PDEA to be professional, dynamic, excellence-driven and accountable public
servants who can effectively and efficiently enforce laws against illegal drugs.

SEC. 7. Training Programs of the PDEA Academy. - The PDEA Academy
includes training programs classified as Career Courses, Specialized Courses, Skills
Enhancement Trainings and Seminars, and Foreign Sponsored Trainings.

Career Courses are training programs that aim to enhance the competencies
of the participants in conducting anti-illegal drug operations, and their leadership and
management skills. These shall be in preparation for possible promotion to higher
position. These shall refer to the Drug Enforcement Officers Basic Course (DEOBC),
PDEA Leadership Course, and PDEA Management Course.

Specialized courses are training programs that are designed to provide the
foundation of knowledge and skills needed in the performance of duty in a particular
PDEA occupational specialty. These shall refer to the DEO Antilliegal Drug
Intelligence Course, DEO Anti-lilegal Drug Investigation Course, PDEA Community-
Based Anti-llegal Drug Advocacy Course, PDEA Custodial Officers Course, Drug
Forensic Chemists Basic Training Course, PDEA Evidence Custodians Course,
Security Officers Course, and Administrative Officers Course.

TITLE tit
COMPENSATION AND BENEFITS

Chapter One
Status, Salaries and Allowances

SEC. 8. Basic Salary. - The salary of PDEA Officers and other personnel
‘shall be based on the Salary Standardization Law.

Basic salary shall exclude personnel economic relief allowance,
uniform/clothing allowance, quarters allowance, hazard duty pay, hardship pay and
other allowances as may be provided by existing laws.

SEC. 9. Personnel Economic Relief Allowance (PERA). - Officers and
other personnel of PDEA, whether occupying regular, contractual or casual
Positions, shall be entitled to personnel economic relief allowance (PERA) in the
amount of Two Thousand Pesos (P 2,000.00) per month, or as provided by
‘subsequent laws, to supplement their salaries due to rising cost of living.

SEC. 10. Uniform or Clothing Allowance (UGA). - PDEA Officers and other
personnel, whether occupying regular, contractual or casual positions, who have
been in the service for at least six (6) months shall be entitled to uniform or clothing
allowance in the amount provided by the Department of Budget and Management;
Provided, the said personnel shall serve for another six (8) months from the day said
allowance is received. Provided further, that if the said personnel resigns from

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service within the said 6-month period, he/she shall refund part of the uniform or
clothing allowance in proportion to the remaining months provided that the UCA for
the year released is in the form of cash.”

SEC. 11. Cultural and Athletic Costume or Uniform. - An amount not
exceeding One Thousand Five Hundred Pesos (Php 1,500.00) or as provided by
subsequent laws per employee-participant in a year may be used for the purchase of
costume or uniform and other related expenses in the conduct of cultural and athletic
activities chargeable against the agency appropriations authorized in the General
Appropriations Act for MOOE.

SEC. 12. Hazard Duty Pay. -All PDEA personnel shall be entitled to hazard
duty pay equivalent to five to thirty percent (5% to 30%) of the basic monthly salary,
depending on the position or classification of employees and their degrees of
exposure to risks, to be identified further in the IRR.

SEC. 13. Combat Pay. - All PDEA employees exposed to combat situations
or actually assigned to and performing their duties and responsibilities in strife-torn
or embattled areas as determined and certified by the Secretary of National Defense
or by his authorized representative shall be entitled to twenty-five percent of basic
salary as Combat Pay. Combat pay shall only be granted for the duration of such
assignment.

SEC. 14. Representation and Transportation Allowances. - The following
officers, while in the actual performance of their respective functions, are hereby
authorized monthly commutable representation and transportation allowances,
charged against appropriations authorized for the purpose at the rates indicated
below or as prescribed by subsequent laws:

OFFICER
~(@)_ Director General
(b) Deputy
___Administration/Oper
|(©)_ Service and Regional Directors om 0
/'@ Deputy Service Director or Assistant Regional| 7,500.00 7. 500.00 |
|____Director |

identified in the Personal| 5,000.00 | 5, 000.00
Services and Itemization and Piantilla Personnel

SEC. 15. Longevity Pay. - PDEA personnel shall be entitled to longevity pay
of 10% of his/her basic monthly salary for every five (5) years of continuous, efficient,
and meritorious service in the government, which shall be computed from the
personne''s first appointment in PDEA. Provided, the maximum longevity pay shall
Not exceed fifty percent (50%) of the basic monthly salary.

SEC. 16. Special Counsel Allowance. - Lawyer-personnel, including those

designated to assume the duties of a legal officer are hereby authorized an
allowance of Two Thousand Five Hundred (P 2,500.00) for each appearance or

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attendance of hearing except pursuant to a motion for extension. Provided, the
aggregate allowance per month shall not exceed fifty percent (50%) of the lawyer's
basic salary per month or as prescribed by subsequent laws. Provided further, That
the special counsel allowance shall not be granted to lawyer-personnel appearing
before quasi-judicial and administrative agencies.

SEC. 17. Subsistence Allowance. - Drug Enforcement Officers shall be
entitled to subsistence allowance of three (3) meals in a day which shall be
computed in accordance with prevailing circumstances.

Administrative and technical personnel shall be entitled to subsistence
allowance of one (1) meal which shall likewise be computed in accordance with
prevailing circumstances.

SEC. 18. Quarters Allowance. ~ Officers transferred from one assignment to
another by virtue of PDEA policies on reshuffling or rotation of personnel and do not
own houses or other types of residence therein shall be provided quarters within the
office premises.

‘Where there is not enough space to be used as quarters, monthly allowance
‘shall be provided to the entitled officers, based on existing rental fees in the area of
assignment for a period of 6 months.

Other officers and personne! not entitled under the above circumstances may
be allowed to use government quarters provided they shall be charged the
corresponding cost of rentals subject to the applicable rules.

SEC. 19, Education Allowance. - To compensate for educational cost
incurred by officers and personnel who are transferred or assigned to a Region
which is not his/her region of origin. This is applicable to the first two dependent
children of the officer/personnel up to Senior High School.

SEC. 20. Medical Allowance. - All PDEA personnel shall be provided with
medical allowance of not less than 15,000 per year for any illness or injury requiring
hospitalization. This amount may also be used by the dependents of the personnel
for any illness or injury requiring hospitalization.

SEC. 21. Relocation Allowance. - Any personnel of the Agency reassigned
to a new Regional Office or from RO reassigned to National Office shall be entitied to
an allowance for packing and shipping of furniture, household goods and personal
effects. The amount shall also cover at least one (1) month accommodation rental for
temporary shelter while settling in the new assignment.

SEC. 22. Anniversary Bonus. - PDEA personnel shall be entitled to
anniversary bonus for each milestone year, staring on the 15" anniversary and every
5 years thereafter, in the amount of P3,000 or as may be provided by subsequent
laws.

SEC. 23. Seminar and Other Professional Fees. — Subject to the availability

of funds, fees for relevant seminars, as well as professional membership fees for
lawyers, registration fees, and related miscellaneous expenses incurred in

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completing the mandatory continuing legal education (MCLE) course shall be borne
by the PDEA; Provided, that the lawyer whose lifetime membership fees/dues to the
Integrated bar of the Philippines (IBP) have been paid up for reimbursed by the
PDEA, shall maintain his or her service in the PDEA for at least five (5) years;
Provided, further, that should the lawyer resign or in any manner sever his or her
service from the Office, he or she shall be required to reimburse the paid up IBP
membership dues/fees in pro rata.

Professional membership, registration fees including those for mandatory
continuing professional education (CPE), and related miscellaneous expenses of
other employees holding positions for which a professional license is required by the
office shall also be bore by the PDEA.

SEC. 24. Instructor’s Duty Pay. - PDEA officers and other personnel
serving as lecturers, resource persons, subject matter experts or facilitators in
Agency-related training programs, seminars and other related activities within or
outside the Agency, whose job description do not include such functions, shall be
entitled to Instructor's Duty Pay (IDP) equivalent to two (2) times their hourly rates
based on their monthly salaries at 21 work days in a month and 8 hours per day as
illustrated by the following formula:

IDP = Basic Salary /8Hours Actual SME
21 Days x Hours Rendered

In addition to the IDP, the above-said officers and other personnel shall be
entitled to travelling and other expenses incidental thereto subject to existing rules
and regulations. However, where such officer or personnel shall have been paid IDP,
he shall no longer be entitled to honoraria.

The Agency will come up with the IDP policy guidelines for PDEA. This would
include guidelines on Instructor's incentive pay and allowances, qualification and
selection of instructors and list of courses/training were instructors should be given
IDP.

SEC. 25. Medical and Dental Examinations and Stress Debriefing. —
Annual medical and dental examinations shall be provided to every employee at the
expense of PDEA. This shall be included in the annual budget of PDEA in the
General Appropriations Act.

Appropriate stress debriefing and management programs shall likewise be
provided to DEOs in a regular basis or as needed

SEC. 26. Health Insurance Program/Healthcare Services through a
Health Maintenance Organization. - the provision of reliable and immediate
medical attention when the need arises in times of illness or injury through health
insurance promotes the morale and welfare as well as the feeling of security of
personnel. This will also make them more productive, responsible and healthy
employees which would be beneficial to the Agency in its anti-drug campaign. Issued
health card will cover the annual medical and dental examination of personnel,


Expenses for the mandatory annual executive check-up of PDEA Officials and
Employees shall be on the account of PDEA.

SEC. 27. Medical Examination. — During the tenure of their employment,
PDEA personnel shall be given a compulsory free medical examination once a year
and immunization as the case may warrant. The medical examination shall include:

(1) Complete Physical Examination, and
(2) Routine Laboratory, Chest X-1 and ECG.

SEC. 28. Survivorship Benefits. - Upon the death of PDEA Officials and
employees, the surviving legitimate spouse and dependent or in their absence, the
surviving parents of said officials/employees shall be entitled to receive on a monthly
basis all the retirement benefits that the deceased official/employees was receiving
or entitled to receive at the time of death under the provisions of the applicable
retirement laws. A “dependent” means a legitimate, illegitimate, or legally adopted
child, who is chiefly dependent upon the above-enumerated deceased
Officials/employees if such dependent is not more than twenty-one (21) years of age,
unmarried and not gainfully employed or if such dependent, regardless of age, is
incapable of self-support because of mental or physical defect. The surviving
legitimate spouse shall continue to receive such retirement benefits during his or her
lifetime or until he or she remarries; Provided, that if the surviving legitimate spouse
is receiving benefits under the existing retirement laws, the surviving legitimate
‘spouse shall only be entitled to the difference between the amount provided for in
this act and the benefits the surviving spouse has been receiving; Provided, further,
that said benefits shall be granted to all aforementioned members of PDEA who died
or retired prior to the effectivity of this Act.

SEC. 29. Grant of Special Allowance. - Any law to the contrary,
notwithstanding, the Director General, Deputies Director General and Directors shall
be granted allowances to be determined by the Director General.

The grant of special allowances shall be implemented uniformly in such sums
and amounts and up to the extent only that can be supported by the funding source.
Provided, that each grant of the said special allowance shall not exceed One
Hundred Percent (100%) of the basic salary of employees as provided in Republic
Act No, 6758, otherwise known as the Salary Standardization Law: Provided, further,
that said special allowances shall be exempt from income tax.

Chapter Two
Retirement Program

SEC. 30. Optional Early Retirement for PDEA Personnel. — A personnel
may opt to retire upon reaching the age of 56 provided that he has rendered at least
15 years of government service and be paid retirement benefits in accordance with
the existing law. Provided, that those who availed of this benefit shall not be aliowed
re-entry, in any capacity to PDEA.

SEC. 31. Compulsory Retirement for PDEA Personnel. - Upon attainment
of the age of 65, personnel shall retire from service and be paid retirement benefits


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in accordance with the existing law. Provided, that those who have compulsory
retired shall not be allowed re-entry in any capacity to PDEA.

SEC. 32. Consultation with the GSIS. - In the promulgation of the IRR of
this Act, consultation with the GSIS shall be made in order to establish a retirement
scheme deemed applicable and appropriate for the retirement of PDEA personnel.

Chapter Two
Provident Fund

SEC. 33. Provident Fund. - PDEA shall be allowed to set up a Provident
Fund, which shall be used for loaning operations and other purposes beneficial to all
members as may be approved by its governing body,

SEC. 34. Fees Collected from Issuance of Licenses and/or Permits. - All
fees collected from the issuance of licenses and permits by the Compliance Service
including the fines imposed in relation thereto shall accrue to the Provident Fund.
These shall be deposited with the National Treasury, to be recorded in its books of
accounts as trust receipts.

SEC. 35. Service Fees. - Service fees collected by PDEA for the payment of
any obligation through authorized deductions shall be deposited with the National
Treasury, to be recorded in its books of accounts as trust receipts. The same shall
be used exclusively for the operations of the Provident Fund.

SEC. 36. Per Diem for the Members of the Governing Board. ~ Per diem
may be allowed for the members of the governing board of the Provident Fund on
not more than Five Hundred (Php 500.00) per member per meeting. Provided, that
the total per diem per member for the whole month shall not exceed One Thousand
Five Hundred Pesos (Php1,500).

TITLE IV
TRANSITORY PROVISIONS

SEC.37. Implementing Rules and Regulations. - PDEA shall formulate
and prepare the Implementing Rules and Regulations of this Act within ninety (90)
days from approval of the latter. The IRR shall be immediately published in any
newspaper of general circulation or through other means the PDEA deem sufficient
in order to give general notice to the public and shall take effect fifteen (15) days
after publication.

SEC.38. Budgetary Requirements. - The PDEA Director General shall
submit to the Congress, thru the Commission and the Department of Budget and
Management, the annual budgetary requirements to implement the provisions of this
Act and subsequent IRR. In no case shall the budgetary requirements of this Act for
any given year be less than that of the previous year.

SEC.39, Penal Provision. - Any person who shall willfully interfere with,
restrain or coerce any PDEA personnel in the exercise of his/her rights or shall in

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any manner commit any act in violation of any of the provisions of the Magna Carta,
upon conviction, shall be punished by a fine of not less than twenty thousand pesos
(P20,000) but not more than forty thous: pesos (P40,000) or imprisonment of not
more than one year, or both at the discretion of the court. If the offender is a public
official, the court, in addition to the above-mentioned penalties may impose the
appropriate accessory penalty. The filing of the criminal action is without prejudice to
the right of the offended party to file the appropriate administrative and/or civil
charges against the offender.

SEC.40. Separability Clause. - In the event that, for any reason, any
provision of this Act is declared to be unconstitutional or invalid, the other sections or
provisions hereof which are not affected thereby shall continue to be in full force or
effect.

SEC.41. Repealing Clause. ~ All laws, decrees, orders, rules and regulations
or parts thereof which are inconsistent with or contrary to the provisions of this Act
are hereby repealed, amended or modified accordingly.

SEC.42. Provision prohibition against diminution and/or elimination. -
Nothing in this Act, shall be construed to eliminate or in any way diminish benefits
being enjoyed by PDEA personnel at the time of the affectivity of this Act.

SEC.43. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved.

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