Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__73

Introduced by Hon. Robert Ace S. Barbers

EXPLANATORY NOTE

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

This bill seeks to promote and improve the well-being and economic welfare of
the men and women of the Philippine Drugs Enforcement Agency by providing them
with acceptable living and working conditions, better terms of employment, and career
opportunities in order to effectively carry out their mandate.

The Philippine Drug Enforcement Agency was created by virtue of Republic Act
No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. They are responsible
for the efficient and effective law enforcement of all the provisions on any dangerous
drugs and/or controlled precursor and essential chemical as provided in R.A. No.
9165.

The PDEA, as the lead agency in the government's anti-drug campaign,
exposes its personnel to dangerous situations, especially now that many drug
syndicates are affected by the administration's all out war against illegal drugs. It is
unfortunate that despite the critical role they play in the society, their economic well-
being and professional development are afforded little attention as per existing law.

In return for ensuring that our nation is safe from the-fangers of illegal drugs,
this bill seeks to ensure that PDEA agents are provided gufficient\compensation and
accorded avenues for professionalization.

In view of the foregoing, immediate approval of this bill is edmestly sought.

OBERY/ACE S. BARBERS
strc Surigao del Norte

HON.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
73

House Bill No.

Introduced by Hon. Robert Ace S. Barbers

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

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

TITLE!
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 well-being 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 sworn 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.

SEC. 3. Definition of Terms. -For purposes of tHis Act, the following
definitions are adopted:

a. Board — refers to the Dangerous Drugs Board
b. Drug Enforcement Officer (DEO) — refers to an employee who, by virtue of
his/her position in the Agency, is directly engaged in the conduct of anti-


© a9

roses

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 Drugs 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

Chapter Three
Mandate

SEC. 4. Mandate. - The PDEA shall be responsible for the 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.

Chapter Four
Duties and Responsibilities

SEC. 5. Powers and Duties of the PDEA. — Incidental to its mandate, the
PDEA shall:

(a)

(b)

(c)
(d)

Implement or cause the efficient and effective implementation of the
national drug contro! strategy formulated by the Board thereby carrying
out a national drug campaign program which shall include drug law
enforcement, contro! and prevention campaign with the assistance of
concerned government agencies;

Undertake the enforcement of the provisions of Article Il of R.A. 9165
relative to the unlawful acts and penalties involving any dangerous drug
and/or controlled precursor and essential chemical and investigate all
violators and other matters involved in the commission of any crime
relative to the use, abuse or trafficking of any dangerous drug and/or
controlled precursor and essential chemical as provided for in the Act
and the provisions of Presidential Decree No. 1619;

Administer oath, issue subpoena and subpoena duces tecum relative to
the conduct of investigation involving the violations of R.A. 9165;

Arrest and apprehend as well as search all violators and seize or
confiscate, the effects or proceeds of the crimes as provided by law and
take custody thereof, for this purpose the prosecutors and enforcement
agents are authorized to possess firearms, in accordance with existing
laws;


(e)

(g)

(h)

(i)

@)
(k)

()

(m)

(n)

(0)

Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered
to any national, provincial or local law enforcement agency, if no longer
needed for purposes of evidence in court;

Establish forensic laboratories in each PNP Office in every province and
city in order to facilitate action on seized or confiscated drugs, thereby
hastening its destruction without delay;

Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of RA.
9165 and in accordance with the pertinent provisions of the Anti-Money-
Laundering Act of 2001;

Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other similar controlled
substances, and assist, support and coordinate with other government
agencies for the proper and effective prosecution of the same;

Monitor and if warranted by circumstances, in coordination with the
Philippine Postal Office and the Bureau of Customs, inspect all air cargo
packages, parcels and mails in the central post office, which appear from
the package and address itself to be a possible importation of dangerous
drugs and/or controlled precursors and essential chemicals, through on-
line or cyber shops via the internet or cyberspace:

Conduct eradication programs to destroy wild or illegal growth of plants
from which dangerous drugs may be extracted;

Initiate and undertake the formation of a nationwide organization which
shall coordinate and supervise all activities against drug abuse in every
province, city, municipality and barangay with the active and direct
participation of all such local government units and nongovernmental
organizations, including the citizenry, subject to the provisions of
previously formulated programs of action against dangerous drugs;
Establish and maintain a national drug intelligence system in
cooperation with law enforcement agencies, other government
agencies/offices and local government units that will assist in its
apprehension of big-time drug lords;

Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and
organizations, and implement the applicable provisions of international
conventions and agreements related to dangerous drugs to which the
Philippines is a signatory;

Create and maintain an efficient special enforcement unit to conduct an
investigation, file of charges and transmit of evidence to the proper court,
wherein members of the said unit shall possess suitable and adequate
firearms for their protection in connection with the performance of their
duties: Provided, that no previous special permit for such possession
shall be required;

Require all government and private hospitals, clinics, doctors, dentists
and other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and
essential chemicals which they have attended to for data and information
purposes;


(p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of R.A.
9165;

(a) __ Initiate and undertake a national campaign for drug prevention and drug
control programs, where it may enlist the assistance of any department,
bureau, office, agency or instrumentality of the government, including
government-owned and or —controlled corporations, in the anti-illegal
drugs drive, which may include the use of their respective personnel,
facilities, and resources for a more resolute detection and investigation
of drug-related crimes and prosecution of the drug traffickers; and

() Submit an annual and periodic reports to the Board as may be required
from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the
President himself/herself or as recommended by the congressional
committees concerned.

TITLE
ORGANIZATIONAL COMPONENT AND STRUCTURE

Chapter One
Organization

SEC. 6. Organizational Set-up. - The Director General of the PDEA shall be
responsible for the necessary changes in the 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.

SEC. 7. The Office of the Director General. — The Office of the Director
General shall be responsible for the general administration and management of PDEA.
It shall direct and control the utilization of PDEA’s resources for the accomplishment
of its mission in accordance with R.A. 9165.

SEC. 8. The Office of the Deputy Director General for Administration. —
The Office of the Director General for Administration (ODDGA) shall assist the Director
General in the general supervision of the various administrative functions of PDEA. It
has functional supervision over the following Services/Offices:

(a) Administrative and Human Resource Service
(b) Financial Management Service
(c)__ Internal Affairs Service


(d) Logistics Management Service
(e) PDEA Academy

SEC. 9. The Office of the Deputy Director General for Operations. - The
Office of the Director General for Operation shall assist the Director General (ODDGO)
in the general supervision of the various operational functions of PDEA. The ODDGO
functional supervisions over the following Services/Offices:

(a) Compliance Service
(b) Intelligence and Investigation Service

(©) _ International Cooperation and Foreign Affairs Service

(d) Laboratory Service

(e) Legal and Prosecution Service

(f) Plans and Operations Service

(g) Preventive Education and Community Involvement Service
(h) Special Enforcement Service

(i) Regional Offices

Chapter Two
PDEA Officers

SEC. 10. The Director General and the Deputies Director General. - The
PDEA shall be headed by a Director General with the rank of Secretary, who shall be
responsible for the general management and administration of the same. The Director
General shall be appointed by the President of the Republic of the Philippines and
he/she shall perform such other duties as may be assigned to him/her. He must
possess adequate knowledge, training and experience in handling dangerous drugs
and in any of the following field: law enforcement, law, medicine, criminology,
psychology or social work;

The Director General shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputies director general with the rank of Undersecretary:
one deputy director general for administration and one deputy director general for
operations. The two (2) deputies general shall be appointed by the President upon the
recommendation of the Board. The deputies director general shall possess the same
qualifications as those of the Director General. The Director General and his/her
deputies general shall receive salaries, compensation and other benefits as prescribed
by law.

SEC. 11. Key Officers. — The Services under Operations shall be headed by
Service Directors with the rank of Director Ill assisted by Deputy Directors with the
rank of Director II. The Regional Offices, also under Operations, shall be headed by
Regional Directors with the rank of Director III assisted by Assistant Regional Directors
with the rank of Director II. The Services under Administration shall be headed by
Service Directors with the rank of Director Ill assisted by Deputy Directors with the
rank of Director II.


SEC. 12. Other Officers. — PDEA personnel holding or designated to a position
with Salary Grade of 18 to 25 shall be considered an officer of PDEA and shall be
entitled to the rights and privileges appurtenant to such distinction.

Chapter Three
Rights of PDEA Personnel

SEC. 13. PDEA personnel shall have the following rights:

a. Protection from discrimination by reason of sex, sexual orientation, age,
political or religious beliefs, civil status, physical characteristics/disability, or
ethnicity;

b. Protection from any form of interference, intimidation, harassment, or
punishment, to include, but not limited to, arbitrary reassignment or
termination of service, in the performance of his/her duties and
responsibilities.

c. Join, organize or assist organizations or unions for lawful purposes:

While the States recognizes the right of public social workers to organize or
join any such organization, for the purpose of this section, the exercise of
such right shall be in conformity with the rules particularly provided for Public
Sector Unionism. For this Section, lawful purposes shall refer to collective
negotiations, mutual aid, interest, cooperation and protection.

d. Protection from any act that will prevent him/her from applying professional
interventions that the clients situation may require;

. Opportunities for continuing professional growth and development; and
PDEA personnel can teach or practice their profession after office hours
pursuant to Civil Service Law and Rules.

=o

TITLE It
ADMINISTRATIVE AND HUMAN RESOURCE
RULES AND POLICES

Chapter One
Career Development Program

SEC. 14. Career Development Program. — In order to ensure that the Agency
is run by officials and employees with a commendable level of professionalism,
competence, commitment to service, transparency, respect for human dignity and
integrity, a well-rationalized career development program shall be provided by PDEA.
The programs shall serve as the basis for all career and personal development
activities of PDEA.

This applies to all personnel of PDEA with appropriate qualifications, attitude
and drive for professionalism who wish to assume positions of higher responsibility
through promotion based on the principle of merit, fitness, equality and transparency
and also address protest related to promotion. Equal opportunity to all DEOs and
personnel in terms of training/schooling, wherein AHRS shall have an updated


database to prevent the repetition of training/schooling to those who already
undergone same training/schooling.

Chapter Two
Merit and Promotion Plan

SEC. 15. Merit and Promotion Plan. - A Merit and Promotion plan shall be
promulgated by PDEA based on applicable laws, and rules, regulations and standards
set by the Commission to ensure that every employee is given fair and equal
opportunity in career advancement particularly in promotion.

Promotion shall be primarily based on merits and fitness. No spot promotion
‘shall be allowed. Outstanding performance or accomplishment of personnel shall only
be considered as additional point and should not be the sole basis of promotion.

Chapter Three
Performance Evaluation System

SEC. 16. Performance Evaluation. - The performance of PDEA personnel
shall be governed by the Strategic Performance Management System (SPMS) under
Memorandum Circular No. 6 series of 2006 dated March 19, 2012 issued by the
Commission and/or by subsequent laws.

Under the SPMS, incentive scheme shall be performance-based integrating the
personnel and organizational performance. Civil servants and the government
institutions shall be rewarded accordingly on their exemplary performance.

Hence, PDEA shall adopt reasonable policies, rules and regulations necessary
to carry out the objectives of the SPMS.

Chapter Four
The PDEA Academy and its Training Programs

SEC. 17. Mission of the PDEA Academy. -— To train and develop Drug
Enforcement Officers and personnel of PDEA into professional, dynamic, excellence-
driven and accountable public servants who can effectively and efficiently enforce laws
against illegal drugs.

SEC. 18. 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 shall 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 their eventual
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 shall be 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 Anti-lllegal-Drug
Intelligence Course, DEO Ant:-lllegal-Drug Investigation Course, PDEA Community-
Based Anti-lllegal-Drug Advocacy Course, PDEA Custodial Officers Course, Drug
Forensic Chemists Basic Training Course, PDEA Evidence Custodians Course,
Security Officers Course, and Administrative Officers Course.

Skills enhancement trainings and seminars are short-term trainings that shall
primarily aim to improve knowledge and hone the participants’ skills in specific areas
or fields. These shall include the Airport Interdiction Training, Tactical Lifesavers
Course, SWAT Training, Continuing Seminar on Anti-Illegal-Drug Operations and
Investigation, Security Seminar, Seminar on Barangay Drug Clearing Operations for
Chiefs of Police, Seminar on Revised Rules on Administrative Cases in the Civil
Service, Stress Management Seminar, PDEA Fire and Earthquake Preparedness
Seminar, Trainers’ Training on Scientific Method of Processing Fingerprints, PDEA
Anti-Illegal-Drug Law Seminar for Legal Officers / Trainers’ Training on Case
Monitoring, Capability Enhancement Training on Anti-lllegal-Drug Operations for
BJMP (Trainers’ Training), Regional Marksmanship Training, Firearms Proficiency
Training for Agents, Firearms Proficiency Training for Admin-Technical Personnel,
Seaport Interdiction Training, PDEA Intelligence Research and Analysis Training,
Tradecraft Training, and Case Officers Course.

Foreign Sponsored Trainings shall refer to training programs sponsored by
foreign counterparts, in which the PDEA Academy shall take charge of the training
management. These training programs shall, comprise, but not limited to, the
Instructor Development Course, Baker Piston Counternarcotics Training, Clandestine
Laboratory Investigation Course, and Tactical Safety and Survival Seminar.

TITLE IV
COMPENSATION AND BENEFITS

Chapter One
Status, Salaries and Allowances

SEC. 19. 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. 20. 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 (P2,000.00) per month, or as provided by subsequent laws, to
supplement their salaries due to rising cost of living.

SEC. 21. Uniform or Clothing Allowance. - 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 not exceeding Five Thousand Pesos (P5,000.00); Provided, that said


personnel shall serve for another six (6) months from the day said allowance is
received.

SEC. 22. Cultural and Athletic Costume or Uniform. — An amount not
exceeding One Thousand Five Hundred Pesos (Php1,500.00) 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. 23. Hazard Duty Pay. — All PDEA personnel shall be entitled to hazard
duty pay equivalent to thirty percent (30%) of the basic salary monthly salary.

SEC. 24. Combat Pay. — DEOs and other personnel exposed to hardship and
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 (25%) of basic monthly salary. Combat pay shall only be granted
for the duration of such assignment.

SEC. 25. 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 RA TA

(a) Director General P114,000.00 | P11,000.00 |
(b) Deputy Director General for Administration/

Operation 10,000.00} 10,000.00 |
(c) Service and Regional Directors 9,000.00 9,000.00
(d) Deputy Service Director or Assistant Regional

Director 7,500.00 7,500.00
(e) Division Chiefs as identified in the Personal

Services and Itemization and Plantilla of Personnel 5,000.00 5,000.00

SEC. 26. Longevity Pay. - PDEA personnel shall be entitled to an increase of
10% of basic monthly salary for every five (5) years of continuous, efficient, and
meritorious service in the government which shall be computed from the personnel's
first appointment in the government service: Provided, that the maximum longevity pay
shall not exceed fifty percent (50%) of the basic monthly salary.

SEC. 27. Special Counsel Allowance. - Lawyer-personnel, including those
designated to assume the duties of a legal officer and those in the legal staff of
departments, bureaus, offices or agencies of the National Goverment deputized by
the Office of the Solicitor General to appear in court as special counsel in collaboration
with the Solicitor General or prosecutors concerned, are hereby authorized an
allowance of One Thousand Two Hundred Fifty Pesos (P1,250.00) for each
appearance or attendance of hearing except pursuant to a motion for extension,
chargeable to savings in the appropriations of their respective offices, but not
exceeding Four Thousand Pesos (P4,000.00) per month. Provided, That the special


counsel allowance shall not be granted to lawyer-personnel appearing before quasi-
judicial and administrative agencies.

SEC. 28. 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. 29. Quarters Allowance. - Officers who are 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.

Other officers and personnel 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. 30. 13%" and 14" Month Pay and Cash Gift. - Officers and employees
shall be entitled to mandatory 13" and 14" month pay equivalent to the monthly basic
compensation received by an employee, computed pro-rata according to the number
of months within a year that the employee has rendered service to the employer and
a cash gift amounting to five thousand pesos (Php5,000.00) or the amount which may
be prescribe by subsequent laws.

SEC. 31. Performance Based Bonus. — personnel may be granted
performance-based bonus based on AO 25 series 2011 or the Inter-Agency Task
Force on the Harmonization of National Government Performance Monitoring,
Information and Reporting Systems issuances with the monetary bonus based on the
percentage of salary (50%, 57.5% and 65%) upon compliance of the conditions set by
EO 201 or by subsequent issuances. Personnel are entitled if they render minimum of
three (3) and maximum of nine (9) months with satisfactory rating and shall be prorated
corresponding with the length of service.

SEC. 32. Productivity Enhancement Incentive. — personne! may be entitled
to productivity enhancement incentive equivalent to either Php5,000 or one-month
basic salary upon compliance of the conditions prescribed under Executive Order 181
or as may be provided by subsequent laws.

SEC. 33. Anniversary Bonus. - PDEA personnel shall be entitled to
anniversary bonus in existence amounts to Php3,000.00 and another Php3,000.00 for
every five (5) succeeding years.


SEC. 34. Loyalty Award. - is granted to an employee who has completed at
least ten (10) years of continuous and satisfactory service in the government.
Continuous service refers to the actual service rendered since the appointment of the
employee concerned, including the period or periods covered by any previously
approved leave.

The loyalty award shall consist of cash bonus as follows:

10" year - from P5,000.00 to P 10,000.00
15" year - from P2,500.00 to P 5,000.00
20" year - from P2,500.00 to P 5,000.00
25" year - from P2,500.00 to P 5,000.00
30" year - from P2,500.00 to P 5,000.00
35" year - from P2,500.00 to P 5,000.00
40" year - from P2,500.00 to P 5,000.00

SEC. 35. 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 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:

Basic Monthly 1 8 Hours Actual SME

IDP = Salary x Hours Rendered
21 Days

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
honoraria, 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 where instructors should be given
IDP.

SEC. 36. Medical and Dental Examinations and Stress Debriefing. - an 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. 37. Health Insurance Program. — the provision of a 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.

SEC. 38. 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-Ray and ECG.

Chapter Two
Leave Benefits

SEC. 39. Leave of Absence. — PDEA personnel shall have the right not to
report for work with or without pay as may be provided under Rule XVI of the Omnibus
Rules implementing Book V of the Administrative Code of 1987 (EO 292), other
existing laws and subsequent laws including but not limited to:

a. Vacation Leave — refers to leave of absence of fifteen (15) days for a
given year granted to official and employee for personal reasons, the
approval of which is contingent upon the necessities of the service.

b. Mandatory Leave — refers to the five (5) days of the vacation leave ina
year which an employee has the right to avail otherwise, the same shall
not be considered spent and shall not be carried over in the succeeding
years. However, if the employee needs to report to work on the
‘scheduled mandatory leave due to the exigency of service, a certification
for such shall be issued to the employee and the leave shall be allowed
to be carried over in the succeeding years.

c. _ Sick Leave — refers to the leave of absence of fifteen (15) days granted
on account of sickness or disability on the part of the employee
concerned or any member of his immediate family. If not used, it may be
carried over in the succeeding years.

d. Maternity Leave — refers to sixty (60) days leave where every married
or unmarried woman in the government service who has rendered an
aggregate of two (2) or more years of service. In addition to her vacation
and sick leave, she is entitled to matemity leave of sixty (60) calendar
days with full pay. For those who have rendered one (1) year or more
but less than two (2) years of service shall be computed in proportion to
their length of service, provided that those who have served for less than
one (1) year shall be entitled to sixty (60) days maternity leave with have
pay. Enjoyment of maternity leave cannot be deferred but it should be
availed of either before or after the actual period of delivery in a
continuous and uninterrupted manner, not exceeding sixty (60) calendar
days. It may be granted every instance of pregnancy irrespective of its
frequency (non-cumulative/non-commutative)

e. 3 Days Special Privilege Leave — leave of absence, which employee
may avail of for a maximum of three (3) days annually over and above
the vacation, sick, matemity and paternity leave to mark personal
milestones and/or attend to filial and domestic responsi



7 Days Paternity Leave — Every married male government employee
for the first four deliveries of his legitimate spouse with whom he is
cohabiting; the definition of “delivery” includes either childbirth or
miscarriage. Married male employee with more than one (1) legal
spouse shall be entitled for an absolute maximum of four (4) deliveries
regardless of whichever spouse gives birth (non-cumulative).

Terminal Leave — money value of the accumulated leave credits of an
employee based on the highest salary rate received prior to or retirement
date/voluntary separation.

Study Leave — PDEA personnel shall be entitled to study leave not
‘exceeding six (6) months with pay to qualified officials and employees to
help them prepare for their bar or board examinations or complete their
master’s degree. For completion of master’s degree, the study leave
shall not exceed four (4) months. A female employee who is on study
leave with pay is not entitled to avail of maternity leave benefits.
Relocation Leave - a special leave privilege granted to an
official/employee whenever he/she transfer residence or to a new place
of assignment.

Calamity Leave — a special emergency leave to those who are directly
affected by disaster/natural calamities.

Solo Parent Leave — a special leave benefits of seven (7) days granted
to solo parent pursuant to the provision and implementing rules and
regulations of the Solo Parent's Welfare Act of 2000 also known as
Republic Act No. 8972 or as may be amended by subsequent laws.
Rehabilitation Leave for Job-Related Injuries — Applications of
officials and employees for leave of absence on account of wounds or
injuries incurred in the performance of duty must be made on the
prescribed form, supported by the proper medical certificate and
evidence showing that the wounds or injuries were incurred in the
performance of duty. The head of department/agency concerned shall
direct that absence of an employee during his period of disability thus
occasioned shall be on full pay, but not to exceed six (6) months. He
shall also authorize the payment of medical attendance, necessary
transportation, subsistence and hospital fees of the injured person.
Absence in the case contemplated shall not be charged against sick
leave or vacation leave, if there are any. (Section 55, CSC MC No.41 S.
1998).

Special Leave for Women (Magna Carta Leave for Women) - special
leave benefits of two (2) months granted to women who have undergone
surgery caused by gynecological disorders pursuant to the provision and
implementing rules and regulations of Magna Carta of Women Under
R.A. 9710.

Leave Without Pay — refers to all absences of an employee in excess
of his accumulated vacation or sick leave earned shall be without pay.
When an employee had already exhausted his sick leave credits, he can
use his vacation leave credited but not the other way around.

40 Days Leave (Anti-Violence against women and their children act
of 2004) - any women employee in the government service regardless
‘of employment status, who is a victim of violence and/or whose child is
also a victim of violence whose age is below eighteen (18) or above


eighteen (18) but unable to take care of himself/herself (non-cumulative
and not convertible to cash).

p. Indefinite Leave - an indefinite sick leave of absence shall be granted
to PDEA personnel when the nature of the illness demands a long
treatment that will exceed six (6) months at the least.

SEC. 40. Cumulation and Commutation of Leave Credits — vacation and
sick leaves shall be cumulative and any part thereof which may not be taken within the
calendar year in which earned may be carried over the succeeding years. The
employee may use the cumulated leave credits in the succeeding years or have it
commuted to the corresponding monetary value.

SEC. 41. Monetization of Leave Credits. - An employee may be paid in
advance under prescribed limits and subject to specified terms and conditions of the
money value of leave credits of an employee upon his request without actually going
on leave.

Chapter Three
Work Hours and Duty System

SEC. 42. Working Hours for DEOs. — Due to the nature of their functions, DEOs
do not have regular working hours. They conduct their anti-llegal drug operations any
time of the day and night. In this connection, PDEA shall be allowed to establish
reasonable rules covering the working hours of DEOs including the corresponding rest
days to be submitted for approval _of the Commission.

SEC. 43. Normal Working Hours for Non-DEOs. - The normal work hours
for non-DEO personnel shall not exceed more than eight (8) hours a day or forty (40)
hours a week. Hours worked shall include: (a) all the time during which the personnel
is required to work or to be at his prescribed workplace; (b) all the time during the
personnel is permitted to work; and, all the time the personnel is required to attend
official business outside workplace including the time going to and from said business.

SEC. 44. Flexible Time. — Flexible working hours may be allowed, upon the
discretion of the Director General, to rank and file employees up to division chief level
subject to existing rules of the Civil Service Commission.

SEC. 45. Duty System. - Considering the irregular hours of operations of
PDEA, a duty system shall be allowed. DEOs with salary grade 15 and above shall be
tasked, on rotation basis, as Officer of the Day in any given day including Saturdays,
Sundays and holidays, to primarily respond on any eventuality which may arise during
his tour of duty.

SEC.46. Time-off for Duty Rendered. — DEOs performing duty under the
preceding section shall be allowed one (1) day off for regular working days and two
(2) days off for weekends and holidays. The time off shall be spent in the next working
day. However, if, in the exigency of service, he shall be required to report for work in
his time-off, he may spend his time-off in any other day: Provided, his office shall certify
that he is not able to use his time-off due to exigency of service.


SEC. 47. Overtime Work. — In the exigency of service, non-DEO personnel
may be required to render service beyond the normal working hours: Provided, further,
that such overtime work is requested in writing by the office to which the personnel
belongs and coursed thru the AHRS and FMS for approval of the Director General,
PDEA. Provided, finally, compensatory time off shall be granted in lieu of the overtime
pay as provided in the Civil Service Law.

SEC. 48. Compensation for Rest Day, Saturday, Sunday and Official Non-
Working Holidays. — In addition to overtime work, non-DEO personnel may be required
to render service on his rest day, Saturday, Sunday and official non-working holidays:
Provided ,that he shall be paid additional compensation in accordance with existing
laws but not to exceed fifty percent (50%) of the monthly basic pay: Provided, further,
that such work rendered is requested in writing by the office to which the personnel
belongs and coursed thru the AHRS and FMS for approval of the Deputy Director
General for Administration. Provided, finally, that should the Agency be unable to pay
the additional compensation of the employee who rendered work, compensatory time
off shall be granted as provided in the Civil Service Law.

Chapter Four
Retirement Program

SEC. 49. Optional Early Retirement for DEOs. - A DEO may opt to retire
upon reaching the age of fifty-five (55) and be paid retirement benefits in accordance
with existing law: Provided, that he has rendered at least fifteen (15) years of
government service. Provided, further, that those who have availed of this benefit shall
not be allowed re-entry, in any capacity, to PDEA.

SEC. 50. Compulsory Retirement for DEOs. — Upon attainment of the age of
fifty-six (56), a DEO shall retire from service and be paid retirement benefits in
accordance with existing law: Provided, that those who have compulsorily retired shall
not be allowed re-entry, in any capacity, to PDEA.

SEC. 51. Optional Early Retirement for Non-DEOs. — Upon attainment of the
age of sixty (60), non-DEOs including those occupying director positions may opt to
retire from service and be paid retirement benefits in accordance with existing law:
Provided, That in the case of officers occupying the positions of Director I! or Director
lil, the Commission may allow his retention in the service for an un-extendible period
of one (1) year; Provided, further, That those who have compulsorily retired shall not
be allowed re-entry, in any capacity, to PDEA.

SEC. 52. Compulsory Retirement for Non- DEOs. - Upon attainment of the
age of sixty-five (65), non-DEOs including those occupying director positions shall
retire from service and be paid retirement benefits in accordance with existing law:
Provided, that those who have compulsorily retired shall not be allowed re-entry, in
any capacity, to PDEA.

SEC. 53. 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 DEOs.


Chapter Five
Provident Fund

SEC. 54, 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. 55. 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. 56. 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. 57. 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 of
not more than Five Hundred (Php500.00) per member per meeting. Provided, That the
total per diem per member for the whole month shall not exceed One Thousand Five
Hundred Pesos (Php1,500.00).

TITLE V
TRANSITORY PROVISIONS

SEC. 58. 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. 59. 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. 60. 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 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
(P20,000.00) but not more than forty thousand pesos (P40,000.00) 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 abovementioned 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. 61. 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. 62. 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. 63. Proviso on prohibition against diminution and/or elimination. -
means 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 effectivity of this Act.

SEC. 64. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved.