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Republic of the Philippines les
HOUSE OF REPRESENTATIVES [3 RECEIVED
Quezon City I paTe 10 JUL 2025
+ TIME @:00 AM
‘TWENTIETH CONGRESS \S BY te
First Regular Session ‘4

House Bil No. 1728

Introduced by Rep. ANGELO MARCOS BARBA
2™ District, Ilocos Norte

EXPLANATORY NOTE

This proposed measure seeks to establish a Magna Carta for all
non-uniformed personnel in the military and other uniformed agencies of the
government. These agencies include the Armed Forces of the Philippines
(AFP), Philippine National Police (PNP), Bureau of Jail Management and
Penology (BJMP), Department of National Defense (DND), Bureau of Fire
Protection (BFP), Bureau of Corrections (BuCor), Philippine Coast Guard
(PCG), Philippine Drug Enforcement Agency (PDEA), and the National
Mapping and Resource Information Authority (NAMRIA). To this end, this
legislation aims to champion the rights of non-uniformed personnel, to
promote and improve their social and economic well-being, and to ensure that
their rights are protected, particularly in the workplace.

From concretely defining their employment status, asserting their
right of the security of tenure, among advocating for improvement in their
salaries and promotion in their place of work, to reestablishing other
appropriate benefits as deemed needed, this measure overall aims to be a
tangible proposal to directly address the needs and defend the rights of
non-uniformed personnel as partners and co-public servants of those in
uniformed service.

In light of the foregoing, the immediate passage of this bill is earnestly
sought.

ANGELO ‘COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bil No, 1728

Introduced by Rep. ANGELO MARCOS BARBA
2 District, Ilocos Norte

AN ACT
INSTITUTING THE MAGNA CARTA FOR ALL
NON-UNIFORMED WORKERS IN THE MILITARY AND OTHER
UNIFORMED AGENCIES

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

CHAPTERI
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta
for Non-Uniformed Personnel.”

SECTION 2. Declaration of Policy. -It is hereby declared the policy of
the State to promote and improve the social and economic well-being of all
non-uniformed personnel in the military and other uniformed agencies of the
government. Towards this end, the State shall ensure that their rights are
protected in a working environment that is conducive to work with efficiency
and effectiveness.

SECTION 3. Coverage. - This Act shall apply to all non-uniformed
personnel in the military and uniformed agencies. As used in this Act, the
term “non-uniformed personnel” shall mean all civilian employces in the
Armed Forces of the Philippines (AFP), and all other uniformed agencies of
the government, including the Philippine National Police (PNP), Bureau of
Jail Management and Penology (BUMP), Department of National Defense
(DND), Bureau of Fire Protection (BFP), Bureau of Corrections (BUCor),
Philippine Coast Guard (PCG), Philippine Drug Enforcement Agency (PDEA),
and the National Mapping and Resource Information Authority (NAMRIA).

SECTION 4. Definition of Terms. — As used in this Act:

a, Non-uniformed personnel refers to all civilian employees in the
military and other uniformed agencies of the government, including
the AFP, PNP, BJMP, DND, BFP, BUCor, PDEA, and NAMRIA;


r

Uniformed agencies refers to government agencies and institutions
responsible in ensuring peace, order, and security, and protecting the
people from crimes, disasters, and other potential dangers and threats,
including law enforcement, firefighting, civil defense, correctional
services, medical and emergency services, as well as other government
agencies with uniformed personnel;

©. Workplace refers to the office, premises or worksite, where the
workers are habitually employed and shall include the office or place
where the workers, who have no fixed or definite work site, regularly
report for assignment in the course of their employment;

d. Geographical reassignment, hereinafter referred to as “reassignment,”
refers to a movement from one geographical location to another which
does not involve a reduction in rank, status, or salary;

Transfer refers to the movement from one position to another which is
of equivalent rank, level, or salary without break in service, involving
the issuance of an appointment.

°

CHAPTER IT
RECRUITMENT, HUMAN RESOURCE DEVELOPMENT,
AND POLICIES

SECTION 5. Recruitment and Qualification. - The recruitment policy
and minimum requirements with respect to the selection and appointment of
a non-uniformed personnel shall be developed and implemented by the
appropriate government agencies concerned in accordance with policies and
standards of the Civil Service Commission (CSC); Provided, That in the
absence of eligible applicant and it becomes necessary in the public interest to
fill a vacancy, a temporary appointment shall be issued to the person who
meets all the requirements for the position to which one is being appointed,
except the appropriate civil service eligibility; Provided, further, That such
temporary appointment shall not exceed twelve (12) months but that the
appointee may be replaced sooner if (a) qualified civil service eligible becomes
available; or (b) the appointee is found wanting in performance or conduct
befitting a government employee

SECTION 6. Duties and Obligations. — All non-uniformed personnel
shall:

a. discharge one’s duty humanely with conscience and dignity;

b. perform one’s duty with utmost respect for life and race, gender,
religion, nationality, or social standing, or capacity to pay.

SECTION 7. Screening and Selection for Appointment. — Applicants for
the non-uniformed personnel positions shall undergo a screening process to be
conducted by a duly constituted Human Resource Merit Promotion and
Selection Board (HRMPSB) based on qualification standards set forth by the
respective agencies in accordance with CSC Law, rules and regulations;


Provided, furthermore, That the HRMPSB shall assist the appointing authority
in the judicious and objective selection of candidates for appointment in the
agency in accordance with the approved Agency Merit Selection Plan (MSP);
Provided, finally, That the appointing authority shall be guided by the report
of HRMPSB's assessment from among top five (5) candidates or less, deemed
most qualified for appointment to the vacant position, depending on the
number of candidates.

SECTION 8. Code of Conduct. — Within six (6) months from the approval
of this Act, the military and other uniformed agencies, upon consultation with
other appropriate agencies and non-uniformed personnel organizations,
whether registered or accredited, shall formulate and prepare a Code of
Conduct for Non-Uniformed Personnel, which shall be disseminated as widely
as possible.

SECTION 9. Human Resource Development for Non-Uniformed
Personnel. — There shall be established a Human Resource Development
Program for Non-Uniformed Personnel in the military and all uniformed
agencies of the government. The Human Resource Development Program shall
be managed by its respective Non-Uniformed Personnel Affairs Office manned
by Non-Uniformed Personnel and to be established under its respective
Administrative, Personnel or Human Resource Management Services, Human
Resource Development Program for non-uniformed personnel including the
provisions on merit promotion, performance evaluation, in service training
grants, incentive and award system, job rotation, cross-posting overseas and
local scholarships, training grants, incentive award system, and such other
similar services and human resource development interventions, including
programs on the job training, counseling, coaching, job rotation, secondment,
job swapping, etc. shall be developed by the concerned agencies in consultation
with and with the concurrence of the accredited employees’ organizations. The
program shall conform to the rules and regulations of the CSC.

SECTION 10. Rationalized Promotion System. - There shall be a system
of promotion for non-uniformed personnel which shall be based on merit and
fitness on the available vacant positions in the agency's staffing pattern. Such
system shall be gender fair and shall ensure that women non-uniformed
personnel shall enjoy equal opportunity for promotions as that of men.

The performance evaluation plan shall consider foremost the improvement
of individual employee efficiency and organizational effectiveness: Provided,
That each employee shall be informed regularly by the supervisor of the
performance evaluation.

‘The merit promotion plan shall be in consonance with the rules of the CSC.

SECTION 11. Sustaining the Professionalization of the Non-Uniformed
Personnel. ~ To sustain the professionalization of non-uniformed personnel,
training shall be done intensively and extensively. The cost of Continuing
Professional Development (CPD), as required by the Professional Regulation
Commission (PRC), shall be shouldered by the concerned uniform agencies.


SECTION 12. Local Training Programs. ~ The local training programs
aimed at enhancing the professional growth of non-uniformed personnel shall
be established and maintained. Such local training programs shall be
undertaken in coordination with other governmental and non-governmental
agencies, and shall provide managerial, technical, administrative, and
operational courses, such as logistics and fiscal management, including
training on professional services and legal procedures.

SECTION 13. Transfer or Geographical Reassignment of
Non-Uniformed Personnel. — Non-uniformed Personnel shall not be
transferred or reassigned, except when made in the interest of exigency of
public service, in which case, the employee concerned shall be informed of the
reasons therefore in writing. The non-uniformed personnel can appeal to the
CSC the transfer or reassignment; Provided, That no transfer or reassignment
whatsoever shall be made three (3) months before any local or national
elections.

The criteria for transfer or geographical reassignment shall be defined in
the Implementing Rules and Regulations (IRR) of this Act.

SECTION 14. Solo Parents. - The proper authorities, in accordance with
Republic Act No. 8972 (R.A. No. 8972), otherwise known as the “Solo Parents
Welfare Act of 2000”, shall take steps to enable or allow solo parents to be
employed or assigned in the same locality of ones’ residence.

SECTION 15. Prohibition against Discrimination. — A non-uniformed
personnel, in the exercise of employment, shall not be discriminated with
regard to age, sexual orientation, gender identity and expression, disability,
civil status, religious or political beliefs, and ethnic groupings.

SECTION 16. Prohibition against Understaffing and Overloading of
Non-Uniformed Personnel. ~ In accordance with the CSC and the Department
of Budget and Management (DBM) Joint Circular on Policies and Guidelines
on Overtime Services and Overtime Pay for Government Employees, there
shall be neither understaffing nor overloading of non-uniformed personnel.
The ratio of non-uniformed personnel to workload shall be such as to
reasonably effect a sustained delivery of public services at all times without
overworking the non-uniformed personnel and overextending the duty and
service.

In excess of minimum working hours, the non-uniformed personnel shall
be entitled to payment of overtime pay, night differential, holiday, or rest pay
day.

In line with the above policy, substitute officers or employees shall be
provided in place of officers or employees who are on leave for over three (3)
months.

SECTION 17. Normal Hours of Work. — The normal hours of work of any
non-uniformed personnel shall not exceed eight (8) hours a day or forty (40)
hours a week.


SECTION 18. Safeguards in Disciplinary Procedures. - In every
disciplinary proceeding, non-uniformed personnel shall have the right to:

a. Be informed, in writing, of the charges filed against his/her person;
b. Be granted full access to the evidence in the case;

c. Defend oneself and to be defended by a representative of one’s or
organization's choice, adequate time being given to the non-uniformed
personnel for the preparation of the defense;

4. Confront witnesses presented against the person and summon
witnesses in one’s behalf;

e. Appeal to designated authorities; and

f. Such other rights that will ensure fairness and impartiality during
proceedings.

CHAPTER II
RIGHT TO SELF-ORGANIZATION

SECTION 19. Freedom of Association. — All non-uniformed personnel
shall have the right to freely, and without prior authorization, to establish and
to join organizations of their choice, whether local or national, to further
defend their interests.

SECTION 20. Freedom from Interference or 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 non-uniformed
personnel shall not join a workers’ organization or union or shall
relinquish membership therein;

b. To discriminate in regard to hiring or tenure of employment or any
item or condition of employment in order to encourage or discourage
membership in any workers’ organization or union;

c. To prevent a non-uniformed personnel from carrying out its given
duties to the organization or union, or to penalize the same for the
action taken in such capacity;

d. To harness or interfere with the discharge of the functions of the
non-uniformed personnel when these are calculated to intimidate or to
prevent the performance of one’s duties and responsibilities; and

e. To otherwise interfere in the establishment, functioning, or
administration of a non-uniformed personnel organizations or unions


through acts designed to place such organization or union under the
control of government authority.

In no case shall existing laws, rules, and regulations requiring employees’
organizations to register, petition for accreditation, or to register collective
negotiation agreements be interpreted as interference or coercion.

SECTION 21. Consultation with the Non-Uniformed Personnel
Organizations. — The organizations or unions of non-uniformed personnel
shall be consulted in the formulation of national, regional, and local policies
that impact their working conditions and social security. For this purpose,
social dialogue mechanisms at the national, regional, and other appropriate
levels shall be institutionalized. The non-uniformed personnel organizations
shall be represented in all relevant labor management committees.

CHAPTER IV
EMPLOYMENT STATUS, SALARIES, AND ALLOWANCES

SECTION 22. Status of Non-Uniformed Personnel. — All non-uniformed
personnel shall be considered employees of the national government and shall
draw their salaries therefrom: Provided, That non-uniformed personnel in may
be provided with monetary and non-monetary incentives by the LGU
concerned where one is assigned, subject to the availability of funds.

SECTION 23. Salary Scale. - Salary scales of non-uniformed personnel
shall be the same as the salary scale of uniformed personnel. The salaries of all
non-uniformed personnel shail be based on the following:

a. Salary shall be comparably equal to those paid in other occupations or
professions requiring equivalent or similar qualifications, training, and
abilities regardless of rank positions;

b. Salary scale shall ensure that the lowest rank and position receive an
amount which will ensure them and their family to afford a reasonable
and decent standard of living; and basic monthly salary shall exclude
the subsistence allowance, cost of living allowance, two (2) quarters
allowance, clothing allowance, hazard pay, amelioration pay, health
care pay, and all other allowances as may be provided under existing
laws.

SECTION 24. Payment of Salary. - The salaries of non-uniformed
personnel 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 national, provincial, city, or
municipal treasurer's office or any banking institution operating under the
laws of the Republic of the Philippines.

Salaries shall be released on time and without undue delay. No deduction
whatsoever shall be allowed from the salaries due to all non-uniformed
personnel except under specific provision of applicable laws authorizing such


deductions; Provided, That written authority of the non-uniformed personnel
concerned shall first be obtained.

SECTION 25. Overtime Work. — In where the exigencies of the service so
require, any non-uniformed personnel may be required to render service
beyond the normal eight (8) hours a day. In such case, the workers shall be
paid an additional compensation in accordance with the existing budgeting,
accounting, and auditing rules and regulations of the government.

SECTION 26. Work during Rest Day. -

a. Wherein a non-uniformed personnel is made to work on a scheduled
rest day, one shall be paid an additional compensation in accordance
with existing laws; and

b. Wherein a non-uniformed personnel is made to work on any special
holiday, one shall be paid an additional compensation in accordance
with existing laws. Further, even when such holiday work falls on the
worker’s scheduled rest day, one shall be entitled to an additional
compensation as may be provided by existing laws.

SECTION 27. Night Shift Differential. -

a. Every non-uniformed personnel shall be paid night shift differential in
accordance with the DBM Budget Circular;

b. Every non-uniformed personnel required to work on the period covered
after ones’ regular schedule shall be entitled to an overtime pay in
accordance with the existing budgeting, accounting, and auditing rules
and regulations of the government.

SECTION 28. Hazard allowance. - All non-uniformed personnel shall be
compensated hazard allowances equivalent to at least twenty-five percent
(25%) of the monthly basic salary of workers receiving Salary Grade 19 and
below, and five percent (5%) for workers with Salary Grade 20 and above.

SECTION 29. Subsistence allowance. ~ Non-uniformed personnel shall
be entitled to full subsistence allowance of three (3) meals which may be
computed in accordance with the existing rules and regulations of the
government.

SECTION 30. Longevity Pay. - A monthly longevity pay comparable to
the longevity pay of uniformed personnel shall be paid to all non-uniformed
personnel for every five (5) years of continuous, efficient, and meritorious
services rendered as certified by the chief of office concerned, commencing
with the original attested appointment of each non-uniformed personnel.

SECTION 31. Laundry Allowance. - All non-uniformed personnel who
are required to wear uniforms regularly shall be entitled to laundry allowance
equivalent to One thousand pesos (Php 1,000.00) per month: Provided, That
this rate shall be reviewed periodically and increased accordingly in


consultation with appropriate agencies and the non-uniformed personnel
taking into account existing laws and prevailing practices.

SECTION 32. Housing. - All non-uniformed personnel who are on tour
of duty and those who, because of unavoidable circumstances are forced to stay
in their workplace, shall be entitled for free living quarters within their
workplaces, or if such quarters are not available, shall receive quarters
allowance: Provided, That this rate shall be reviewed periodically and
increased accordingly in consultation with appropriate government agencies
and the non-uniformed personnel organizations concerned.

CHAPTER V
HEALTH MEASURES AND PROGRAMS

SECTION 33. Medical Examination. - Compulsory pre-employment and
annual medical examinations shall be provided free of charge to all
non-uniformed personnel during the tenure of employment: Provided, That
where medical examination shows that medical treatment or hospitalization, or
both is necessary for those already in government services, including
medicines, shall be provided free either in a government or a private hospital
by the government entity who pays the salary of the non-uniformed personnel:
Provided, further, That the cost of such medical examination and treatment
shall be included as automatic appropriation in the said agency’s annual

udget.

SECTION 34. Physical and Mental Fitness Programs. - All public safety
agencies shall formulate policies and guidelines on physical fitness and sports
development programs.

SECTION 35. Hospitalization Expenses. - If any non-uniformed
personnel suffers any injury or becomes ill in the performance of one’s official
duties, the hospitalization expenses of such personnel shall be compensated by
the office concerned.

SECTION 36. Compensation for Injuries. - Non-uniformed personnel
shall be protected against the consequences of employment injuries in
accordance with existing laws.

CHAPTER VI
LEAVES AND OTHER BENEFITS

SECTION 37. Vacation Leave. - All non-uniformed personnel is entitled
to a vacation leave as mandated in the CSC Omnibus Rules on Leave.

SECTION 38. Sick Leave. - All non-uniformed personnel is entitled for a
sick leave as mandated in the CSC Omnibus Rules on Leave.

SECTION 39. Mandatory Leave. — A Non-Uniformed Personnel is
entitled to a mandatory leave with full pay for five (5) working days chargeable
to one's leave credits in accordance to the CSC Law, rules, and regulations.


10

SECTION 40. Maternity Leave. - All qualified female Non-Uniformed
personnel are entitled to maternity leave benefits as mandated in the CSC
Omnibus Rules on Leave.

SECTION 41. Paternity Leave. - All qualified male personnel shall be
entitled to paternity leave in accordance to CSC Law, rules, and regulations.

SECTION 42. Study Leave. — In addition to the leave privileges enjoyed
under this Act and other existing laws, non-uniformed personnel shall be
entitled to study leaves not exceeding six (6) months with pay, subject
regardless of the field of study chosen by the employee.

SECTION 43. Scholarship Privileges for Dependents. - Republic Act No.
10931, otherwise known as the “Universal Access to Quality Tertiary Education
Act” provides the surviving children of the deceased or permanently
incapacitated non-uniformed personnel shall be given priority in the availment
of scholarships up to college in a non-exclusive institution, subject to the
policies on the tuition of said institution.

Subsidies shall also be provided to scholars for their books, transportation,
stipend, and lodging.

CHAPTER VII
RETIREMENT

SECTION 44. Early Retirement Program. — Any non-uniformed
personnel who has reached the age of sixty (60) years may avail of this
program and shall be paid separation benefits in accordance with applicable
laws; Provided, That the person has rendered at least fifteen (15) years of
continued service in the agency; Provided, further, That those who have
availed of this benefit shall not be allowed re-entry into the said agency;
Provided, finally, That the employee who opt to retire under this program may
be hired as consultant in accordance with the provisions of existing laws.

SECTION 45. Compulsory Retirement. - Compulsory retirement shall be
upon the attainment of age of sixty (65) years.

SECTION 46. Highest Basic Salary Upon Retirement. — A retired
non-uniformed personnel shall automatically be granted one (1) salary grade
higher than the basic salary and the retirement benefit thereafter, computed on
the basis of one’s highest salary, which shall be given in effect three (3) months
prior to the compulsory retirement; Provided, That the personnel has reached
the age and fulfilled service requirements under existing laws.

SECTION 47. Gratuity Pay. — All non-uniformed personnel shall be
entitled to gratuity pay, which shall be computed using the Non-Uniformed
Personnel’s last drawn salary, the basic salary plus the Personnel Economic
Relief Allowance (PERA), multiplied by the number of years of service
rendered.


CHAPTER VII
GRIEVANCES AND DISPUTE SETTLEMENT

SECTION 48. Complaints and Grievances. - Every non-uniformed
personnel shall have the right to present complaints and grievances to the
superior officers for the immediate redress thereof.

The exercise of this right shall not be used as a ground for discrimination
nor a bar for the exercise of other privileges, rights, and benefits afforded by
law.

SECTION 49. Dispute Settlement. — Each agency shall put in place their
own dispute settlement systems and procedures, the composition of which
should ensure the representation of the accredited employees’ organization.

CHAPTER IX
FINAL PROVISIONS:

SECTION 50. Implementing Rules and Regulations. — Within ninety
(90) days from the enactment of this Act, in consultation with the CSC and
DBM, the military and all other uniformed agencies shall jointly formulate the
implementing rules and regulations (IRR) of this Act. The said IRR shall be
liberally construed in favor of the non-uniformed personnel so as to give the
same the greatest degree of benefits that can be derived from this Act.

SECTION 51. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the annual General Appropriations
‘Act of the uniformed agencies.

SECTION 52. Penal Provision. — Any person shall willfully interfere with,
restrain, or coerce any non-uniformed personnel in the exercise of one’s rights
or shall in any manner act in violation of any of the provisions of this Act, upon
conviction, shall be punished by a fine of not less than Five hundred thousand
pesos (PhP 500,000.00) but not more than One million pesos (PhP
1,000,000.00), or imprisonment of up to six (6) years or combination of both.

If the offender is a public official, the court, in addition to the penalties
provided in the preceding paragraph, may impose the additional penalty of
perpetual disqualification from office.

SECTION 53. Interpretation. — Nothing in this Act shall be construed to
prejudice and diminish whatever benefits non-uniformed personnel is entitled
to receive under existing laws.

SECTION 54. Separability Clause. — In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.


2

SECTION 55. Repealing Clause. — All laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 56. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,