Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

* yo, 997

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

The life of a soldier or a police officer is one of uncertainty. These
uniformed and law enforcement personnel put their lives on the line not only to
provide for the needs of their loved ones but more importantly, to fulfill their
sworn duty to protect the Filipino people and uphold peace in the country. But in
the event of their death, who takes care of their family?

‘Thus, to honor the sacrifices of our uniformed personnel, the State must
ensure to secure a bright future for their families,

This bill seeks to provide a special financial assistance to the families and
beneficiaries of any personnel of the Philippine National Police, Armed Forces of
the Philippines, Bureau of Fire Protection, Bureau of Jail Management and
Penology, Philippine Coast Guard, National Bureau of Investigation, and Philippine
Drug Enforcement Agency killed or permanently incapacitated while in the line of
duty, The special financial assistance equivalent to the average six months salary
of the personnel, including allowances and bonuses.

To ensure that their families’ needs are sustained, this bill also gives their
surviving spouses or designated beneficiaries priority in employment in
government agencies and offices where their qualifications are fitted.

Lastly, to expedite the delivery of the said benefits, this proposed measure
pushes for the creation of a Dependents Welfare Office in the agencies covered by
this Act.

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

‘ALFRED V1


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

‘tno. U997

HOUSE BILL NO,

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT

PROVIDING FOR SPECIAL FINANCIAL ASSISTANCE AND BENEFITS GRANTED
TO BENEFICIARIES OF UNIFORMED AND LAW ENFORCEMENT PERSONNEL
OF THE PHILIPPINE NATIONAL POLICE (PNP), ARMED FORCES OF THE
PHILIPPINES (AFP), BUREAU OF FIRE PROTECTION (BFP), BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), PHILIPPINE COAST GUARD (PCG)
NATIONAL BUREAU OF INVESTIGATION (NBI), BUREAU OF CORRECTIONS
(BUCOR), AND PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) KILLED
OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE OF
THEIR DUTY OR BY REASON OF THEIR OFFICE OR POSITION,
APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE
PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6963, AND FOR OTHER
PURPOSES.

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

SECTION 1. Title. - This Act shall be known as the "Uniformed and Law
Enforcement Personnel Special Financial Assistance Act”.

SEC. 2, Scope. - The family or beneficiary or any Uniformed and Law
Enforcement Personnel of the Philippine National Police (PNP), Armed Forces of
the Philippines (AFP), Bureau of Fire Protection (BFP), Bureau of Jail Management
and Penology (BJMP), Philippine Coast Guard (PCG), National Bureau of
Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and Bureau of
Corrections (BUCOR) assigned to or involved in a duly authorized operation, who
is killed or becomes permanently incapacitated while in the performance of his
duty or by reason of his office or position, provided he has not been convicted by
final judgment of any crime or human rights violations on such occasion, shall be
entitled to the special financial assistance provided for in this Act in addition to
whatever compensation, donation, insurance, gift, pension, grant, or any form of
benefit which said deceased or permanently incapacitated person or his family
may receive or be entitled to.

For purposes of this Act, Uniformed and Law Enforcement Personnel shall
be construed as personnel of the PNP, AFP, BFP, BJMP, PCG, NBI, PDEA and BUCOR
who are directly, regardless of which capacity, assigned to or involved in


operations with real and immediate threat to life or in routine duty with
unexpected or imminent danger.

SEC.3. Beneficiaries. - The term “family” as used in this Act shall refer to
the surviving legal spouse and the Uniformed or Law Enforcement Personnel’s
legitimate and illegitimate children, or his or her parents, or brothers and sisters,
or aunts and uncles, in that respective order: Provided: That, if the uniformed
personnel is a Muslim, the pertinent provisions of the Code of Muslim Personal
Laws (Shari'a) shall apply.

SEC. 4, Special Financial Assistance. - The special financial assistance
referred to in Section 1 hereof shall be that which is equivalent to the average six
(6) months’ salary, including allowances and bonuses, during the last twelve (12)
months preceding the death of the personnel which shall not be considered a part
of the estate of the deceased and which shall be exempt from attachment,
garnishment or execution and from income and other taxes.

‘SEC. 5. Provision of Special Financial Assistance. - It shall be the duty of
the cashier or concerned service chief from whom the deceased or permanently
incapacitated uniformed and law enforcement personnel used to receive his/her
salary, within three (3) days from receipt of a written certification from the
concerned agency or bureau head, station or unit commander of the fact of death
or permanent disability or incapacity and the circumstances thereof, to deliver to
the beneficiaries such special financial assistance as stated in Section 3 hereof. In
case of permanent disability or incapacity, a certification by the proper medical
officer designated by the Chief PNP, or the Chief of Staff AFP, or the Chief of the
BFP, or the Chief BJMP, or the Commandant PCG, or the Director of the NBI, or the
Director General of the PDEA, or the Chief BFP, or the Director General of BUCOR
as the case may be is necessary for the payment of the aforesaid financial
assistance. After said payment, a report with the formal certificate of death or
permanent incapacity shall be submitted to the Secretary of National Defense, or
the Secretary of Interior and Local Government, or the Secretary of Transportation,
or the Secretary of Justice, or the PDEA Director General, as the case may be.

SEC. 6, Filling of Positions. - In order to assure the payment of the special
financial assistance referred to in this Act, without any need of any appropriation
act or ordinance, the payment shall come from the expected salary, allowances and
bonus of the deceased or permanently incapacitated uniformed and law
enforcement personnel for the next six (6) months after his/her death or
incapacity: Provided, That the position left vacant by the deceased or permanently
incapacitated uniformed and law enforcement personnel on account of death or
incapacity shall not be filled during that period of six (6) months: Provided, further,
‘That if the public welfare and interest so demand, as determined by the municipal
or city mayor or provincial governor, in case or a police personnel or BFP
personnel, or by the Secretary of National Defense, in case of a military personnel,
or by the Secretary of Interior and Local Government, in case of a BJMP personnel,
or by the Secretary of Transportation, in case of a PCG personnel, or by the
Secretary of Justice, in case of a NBI or BUCOR personnel, or by the Director General
of PDEA, in case of a PDEA personnel, the position left vacant by the deceased
personnel, or permanently incapacitated personnel may be filled without waiting


for the expiration of the six (6) months period earlier mentioned, in which case,
the funds out of which the special financial assistance already received by the
family of the deceased or permanently incapacitated personnel shall be
replenished out of the emergency savings of the municipality, city or province, or
the department, upon the direction in writing by the municipal or city mayor or
governor of the province, or department secretary, to their respective treasurers
or cashiers: Provided, finally, That, in the event of such emergency, and no
‘emergency savings as provided herein exist, the regional chief or the provincial
chief, as the case may be, may draw augmentation personnel from any municipality
in the province or region to fill up the vacancy until such time that the municipality
where the vacancy occurred can fill up such vacancy with regular personnel .

SEC. 7. Hospitalization Expenses. - If any uniformed personnel were
injured or wounded or in any manner suffers any injury in the performance of his
official duties, the hospitalization expenses, including necessary medicines and
medical equipment, of such uniformed personnel shall be shouldered by the office
where he/she belongs, chargeable against the salary savings of such office without
the need of any appropriation act or ordinance.

SEC. 8. Priority in Civil Service. - The surviving spouse or designated
beneficiary of the deceased or permanently incapacitated uniformed personnel
shall be given priority in employment in a government agency or office as long as.
the beneficiary satisfies the qualification requirements of the vacant position. The
agency shall ensure compliance with R.A. 7041 Provided, That, if the spouse is
already employed or not employable or if he/she waives such employment
privilege, then an employable dependent shall be granted the said privilege.

SEC. 9. Creation of Dependent Welfare Office. - There shall be a
Dependents Welfare Office created in each agency covered by this Act. To prevent
redundancy and to expedite the delivery of benefits, the establishment of such
office may be done by appointing an existing bureau or division to concurrently
perform functions to implement the provisions of this Act.

SEC. 10, Penalties. - The delay, refusal, or prevention in any manner of the
implementation of the provisions of this Act, without justifiable reason, by any
government official or employee, after due process, shall be considered as
tantamount to gross neglect of duty that shall be sufficient grounds for the
dismissal from civil service, in addition to any other criminal and administrative
penalties imposable under existing laws.

SEC. 11. Non-diminution of Benefits. - The Special Financial Assistance
and other benefits provided under this Act shall be without prejudice to other
similar benefits that may be received by uniformed personnel.

SEC. 12. Separability Clause. - In the event that any provision, clause, or
part of this Act is declared unconstitutional, the validity of the other provisions
shall not be affected by such declaration.


SEC. 13. Repealing Clause. — The relevant provisions of Republic Act 6963
are hereby repealed, including all law, decrees, orders, rules, and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified.

SEC. 14, Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or two (2) national newspapers of general
circulation in the country, whichever comes first.

Approved,