Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

H.B.No,__ 653

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

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

One of the main requisites of democracy is a vibrant, dynamic media, Philippines, being
‘a demoératic 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 for 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 stif 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 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,

A

JUAN EDGARO “SONN'
Representative
Lone District, Province of Aurora

Approval of this bill is earnest sought.

|. ANGARA.


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

«653
H.B.No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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. \t 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 Joumalists of the Philippines (NUJP), and Kapisanan ng mg
Broadcaster sa Pilipinas (KBP).


b) Editorial and/or News Department ~ refers to edilors-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

cS

"Erontin-line media person” — specifically refers to those ditactly
involved in cata 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)

“Joumalist® 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 jcumalists employed by all existing media entities in the
Philippines.

Articte tt

“DUTIES, OBLIGATIONS AND PROFESSIONAL CONDUCT

SEC §. Duties and Obigations. The journalist shall:

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

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

©) 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.

Articte tlt
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


») All the time during which a journalist is permitted to work: Provided,
that the time when a journalist is place on “On Call’ status shalt not be
considered as hours worked but shail entitie 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 50 require,
any Journalist. who, under the Labor Code, may be required to render service
beyond. the normal eight (8) hours a day, shail be paid an additional
compensation for the overtime work in an equivalent to his/her reguiar wage plus
at least twenty-five (25%) 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

4) sian uSballzbe, entitled to histher regular wage during these days plus an

additional compensation of nol less than fen percent (10%) of such
premium pay rate for each hour of work performed. Where suich
holiday work falis on the worker's scheduled rest day, he/she shall be
entitled to an additional compensation of thirty pescent (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 reguiar 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

4) 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,

») Salaries to be paid in Legal Tender Salaries of journalists shall be paid
in legaS 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 af the Republic of the Philippines.


Article 1V

BENEFITS AND ALLOWANCES

SEC 12. State insurance Fund. Coverage in the state Insurance Fund
shall be compulsory upon all media entities and the journalists ae 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-ton 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. 44. |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 45. Right to Self-Organization. Journalists shall have the right to
freely form labor organizations for purposes not contrary fo 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.

¢) 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 shail 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 @ 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;

¢) 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;

€) 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 Vl
FINAL PROVISION

SEC 19. Penal Provision. Any person shail 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 fen (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 shail be imposed.

SEC 20. Separability Clause. \f 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. This Act shall take effect fifleen (15) days from the
date of its publication in the Official Gazette or in at least two (2) newspaper of
general circulation.

ahi cl alk
‘Approved,