Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__©795

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Currently our country and the rest of the world is fighting a battle against a virus that has
no known cure yet. In order to avoid the spread, the government has mandated the
Filipinos to stay at home by implementing a community quarantine throughout the
country. However, although most people are mandated to be at home, public health
workers have no choice but to continue doing their jobs in order to help contain the
pandemic and aid those who have been affected by it. As public health workers continue
to remain exposed to the threats that public health emergencies bring, it is only but right
to grant them a Special Risk Allowance as a form of support by the government.

This bill aims to grant a maximum of 25% of the monthly basic salary of public
health workers who are directly exposed to matters of public health emergency as shall
be declared by the President. Also included in this bill are the conditions that are needed
to be complied with by public health workers in order to receive said grant.

The presence of our public health workers is nothing but extremely valuable. The
current pandemic is showing the country how resilient and courageous our public health
workers are. In an effort to support our public health workers should a public health
emergency occur again, the passage of this Bill is earnestly sought.

ene,
ERIC OLIVAREZ


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BillNo,__ 5/09

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT AUTHORIZING THE GRANT OF SPECIAL RISK ALLOWANCE
TO FRONTLINE PUBLIC HEALTH WORKERS IN TIMES OF
PUBLIC HEALTH EMERGENCY

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

SECTION 1. Title. — This Act shall be known as the "Special Risk Allowance Act
of 2020."

SECTION 2. Grant of Special Risk Allowance. — National government agencies,
government-owned or controlled corporations, and local government units are authorized
to grant a Special Risk Allowance (SRA) equivalent to a maximum of 25% of monthly
basic salary pay to Public Health Workers (PHWs) who are exposed tremendously to
health risks and physical hardships while in the line of duty in times of Public Health
Emergency.

For purposes of this Act, “PHWs" shall refer to medical, allied medical, and other
necessary personnel assigned in hospitals and healthcare facilities and who are directly
exposed to matters of Public Health Emergency. “Public Health Emergency” shall refer to
an event of an epidemic of national and/or international concern which threatens national
security in order to mobilize governmental and non-governmental agencies to respond to
the threat as shall be declared by the President of the Philippines.

SECTION 3. Conditions on the Grant of Special Risk Allowance. - The grant
of the Special Risk Allowance shall be subject to the following conditions:


. The PHWs provide critical and urgent services to respond to the proclaimed

public health emergency;

. The PHWs are either:

i. Civilian employees occupying regular, contractual, casual or part-time
positions; or

ji, Workers engaged through contract of service (COS) or job order (JO)
including barangay health workers (BHWs) regardless of the nature of
engagement; provided that the workers are assigned to hospitals and
other healthcare facilities.

. The PHWs physically report for work at their assigned work stations on the

prescribed official working hours, as authorized by the head of agency/office
during the period of public health emergency; and

|. The grant of the special risk allowance shall be pro-rated based on the number

of days that PHWs physically report to work during the period of the public
health emergency in their respective places of assignment - the period of
reckoning shall be determined by the proper government agency. The basis of
the pro-rated grant of the special risk allowance shall be as follows:

No. of Days Physically | Percentage of the
Reporting for Work Incentive
3107 25%
8 to 12 50%
13 to 17 75%
18 or more 100%

SECTION 4. Exclusion from the Grant of the Special Risk Allowance. - Those
engaged without employer-employee relationship and funded from non-personnel
services appropriations and budgets, except those authorized in the preceding
paragraph, are excluded from the grant of the Special Risk Allowance, such as the
following:

a.

Consultants and experts engaged for a limited period to perform specific
activities or services with expected outputs;

. Laborers engaged through job contracts and those paid on piecework basis;
. Student workers and apprentices; and

|. All individuals and group of individuals whose services are engaged through

COS or JO.


SECTION 5. Special Risk Allowance for Public Health Workers of National
Government Agencies and Government Owned or Controlled Corporations. - The
amount required for personnel occupying regular, contractual, casual or part-time
positions in national government agencies shall be charged against their available
released personnel service (PS) allotments, while the amount required for COS/JO
workers shall be charged against their available released Maintenance and Other
Operating Expenses (MOOE) allotments, without need for prior authority from the
Department of Budget and Management (DBM), provided that all authorized mandatory
expenses shall have been paid first.

In case of insufficient PS or MOOE allotments, the agencies concerned shall
submit to the DBM a special budget request duly supported by a list of entitled personnel
with the corresponding amounts required.

For GOCCs, the amount required shall be charged against their respective
approved corporate operating budgets for the applicable fiscal year. AGOCC who does
not have sufficient funds to fully cover the amount authorized herein may grant the same
at a lower but uniform rate for all qualified personnel.

SECTION 6. Special Risk Allowance for Public Health Workers in the Local
Government Units. - The grant of the SRA to PHWs in the LGUs including BHWs shall
be determined by their respective sanggunians depending on the LGU's financial
capability, at rates not exceeding the amounts authorized herein, subject to:

a. The PS limitations under the Local Government Code of 1991 in the case of
employees of the LGU;

b. Available MOOE allotments in the case of COS/JO workers and BHWs; and

c. Conditions set by the appropriate governmental agencies, chargeable against
the funds of the local government unit during the fiscal year of the said public
health emergency.

Should there be insufficient funds to fully cover the SRA, a lower but uniform rate
may be granted for all qualified personnel.

SECTION 7. Implementing Rules and Regulations. - The Department of
Budget and Management, in consultation with other concerned government agencies,
including the Department of Health and the Department of Interior and Local Government,
shall, within sixty (60) days from the effectivity of this Act, promulgate such rules and
regulations necessary to implement this Act.

SECTION. 8. Separability Clause. - If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shall not be
affected thereby


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SECTION. 9. Repealing Clause. - All laws, decrees, orders, rules and regulations
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

APPROVED.