Republic of the Philippines
HOUSE 0F REPRESENTATIVHS
QUEZON CITY
igTH Congress
First Regular Session
HOusE BILL rio.  5 4 05
RECEIVED
DATE:9Eu
TB`l":EH
Introduced by: HON. LORNA C. SILVERIO
EXPLANATORY NOTE
No less than twenty (20) typhoons hit the Philippines annually. From January to December
of each year,  typhoons  strike with varying  intensities-  from mild to  the  super typhoon types,
bringing with it strong winds and rains that destroy and kill. Lives are lost and properties destroyed.
Over  the  years,  with  stronger  typhoons  hitting  the  country,  the  national  and  local
governments initiated and implemented various measures to mitigate the impact of the typhoons.
National and Local Disaster Risk and Reduction Management departments were organized under
the Department of National Defense' s overall supervision and administration throuch the National
Disaster Risk Reduction and Management Office. Another agency of the Department of National
Defense, the Office of Civil Defense is likewise involved in these concerns.
At the center and heart of the disaster and calamity response however are the calamity
workers - the men and women who dedicate their lives, and energy and talent to be of urgent
assistance. These individuals are trained to be immediately deployed to areas struck by calaniities
without always thinking of their own safety and welfare. Often, they are exposed to extreme risks
and fatally hurt or killed in the process like the five (5) rescuers of the Bulacan Provincial Disaster
Risk Reduction and Management Office who were killed during the height of their rescue efforts
towards the communities hit hardest by Typhoon Karding.
While the courage of these men and women are beyond question, a critical question to be
asked is: Does government provide for them and their families the needed benefits should their
lives be taken away in the course of calamity work. It cannot be denied that the men and women
of calamity work have families too who depend on them for survival. What happens when disaster
struck and hit the rescue workers like the Bulacan Five?
In view of the foregoing premises, approval of this measure is earnestly sought.
LORNA C. SILVERIO
Representative, 3rd District of Bulacan


Republic of the Philippines
HOUSE OF REPRESHNTATIVES
QUEZON CITY
|9TH Congress
First Regular Session
HousEBILLNo.  5405
Introduced by: HON. LORNA C. SILVHRIO
AN   ACT   PROVIDING   A   MAGNA   CARTA   FOR  CALAMITY   WORKERS   AND
RESCUERS
Be  it enacted by the  Senate  and the  House  of Representatives  of the  Philippines  in  Congress
assembled:
Section I. Title. This Act shall be known as the Magma Carta for Calamity Workers.
Section 2. Declaration of Policy. The State shall promote and improve the social and economic
well-being of calamity workers, their living and working conditions; and terms of employment. It
shall develop their skills and capabilities to make them more responsive to the needs and problems
of their  communities  and  better  equipped  in  delivering  immediate  and  timely  services  and
assistance. The State shall likewise encourage those with proper qualifications excellent abilities
to apply and remain in disaster and relief assistance work in the government service.
Section 3. Definition of Terms. As used in this Act, the following terms shall mean as follows:
"Calamity  Work"-  refers  to  the  profession  which  helps  individsals,  families,  groups,  and
community develop, improve, maintain or restore their capability for coping with the challenges
and difficulties of disasters and calamities through the use of the right methods and interventions.
"NDRRMO" refers to the National Disaster Risk Reduction and Management Office
"DND" refers to the Department of National Defense
"DSWD" refers to the Department of Social Welfare and Development
"DILG" refers to the Department of Interior and Local Government
Section 4. Covernge. This Act shall cover all calamity workers employed by the national and
local goverrments.
Section 5. Recruitment and Qualiflcations. The selection and appointment of calamity workers
shall be in accordance with the merit and fitness principle.
All government calamity work agencies and institutions shall be headed by competent calamity
workers except for cabinet.  Priority  shall be given to ably-trained and experienced workers  in
filling up calamity work positions in the government.


Section   6.   Merit  Promotion   and   Career  System.   A   Calamity   Work  Management  and
Consultative Council shall be created to prepare a uniform career and personnel development plan
applicable  to  calamity  workers.  Such  career  and  personnel  development  plan  shall  include
provision  on merit promotion,  performance  evaluation,  in-service  training  grants, job  rotation
incentive awards system and other policies that govern the social security of the calamity workers.
Section  7.  Composition.  The  Calamity  Work Management and Consultative  Council  shall be
composed of representatives of the DND, OCD, DILG, DSWD and LGU at the Provincial/ City
and   Municipal   Levels   the   Secretary   of  the   Department   of  National   Defense   or  histher
representative shall be the head of the Council.
Section 8. Classiflcation of Calamity Work Personnel. The Calamity Work Management and
Consultative Council shall develop a career ladder and classification system for all calamity work
positions  in  government  service.  Provided,  that all position  classification  shall  carry  Calamity
Worker title.
Section 9. Code of Conduct. All public calamity workers shall be guided by the Calamity Work
Code of Ethics as adopted by the National Disaster Risk Reduction and Management Office and
as approved by the Council within six months from the effectivity of this Act.
Section 10. Normal Hours of work. The nomal hours of work of any calamity worker shall not
exceed eight hours a day or forty (40) hours a week except during disasters and calamities when
they will be performing more than the required number of hours.  Hours of work shall include the
time  during which a calamity worker is permitted to work,  or the tine  during which a public
calamity worker is required in a place other than prescribed workplace'
Provided;  That the  time  when  a  calamity  worker  is  placed  on  "On  Call"  status  shall  not be
considered as hours worked but shall entitle the calamity worker to an "On Call" pay equivalent
to fifty percent (50%) of histher regular wage. "Cia Call" status refers to a condition when calamity
workersarecalledupontorespondtourgentorimmediateneedorreliefworkduringemergencies.
Such as that he/she cannot devote the time for histher own use: Provided, further, that no calamity
worker shall be placed in "On Call" status beyond seven days per month. Calamity workers can
also teach or practice their profession after office hours.
Section 11. Overtime Work.  Where the exigencies of the service so require, any calamity worker
may be required to render service beyond the normal eight hours a day, inclusive of Saturdays,
Sundays or Non-working Holidays. In such a case, the calamity worker shall be paid an additional
compensation in accordance with existing laws.
Section 12. Compensation. The existing law on the salary scale of government employees shall
apply in determining the salaries of calamity workers. In case of violations of this provision, the
calamity worker concerned shall file the necessary complaint to the CSC or NLRC through the
Calamity Work Management and Consultative Council.
Section 13. Leave Benefits. Calamity workers shall be entitled to all benefits and privileges such
as but not limited to matemity, paternity, vacation and sick leaves as provided for under existing


laws. Provided: That upon separation of calamity workers from service, they shall be entitled to
all accumulated leave credits with pay.
Section 14. Highest Basic Salary upon Retirement. -Upon retirement, a calamity worker shall
automatically be granted an increase of one salary grade higher than histher basic salary and histher
retirement benefits shall be computed on the basis of histher highest salary received.
Section 15. Other Benef!€s. - Aside from tile benef±ts received as reqidired ij!nder existing laws,
and executive order, the calamity worker shall receive the following:
Hazard  Allowance-  calamity  workers  assigned  in  remote  and  depressed  areas,  strife-tom  or
embattled areas, distressed or isolated stations, mental hospitals, leprosaria, areas declared under
a state of calamity or emergency which expose them to great danger, volcanic activity/eruption,
occupational risks or threats to life shall be compensated with hazard allowance equivalent to at
least twenty per centum (20%) of the monthly salary.
Subsistence/ Transportation Allowance. -Calanity workers who are required to render service in
communities, institutions hospitals and other calamity work establishments in order to make their
service available at all times, shall be entitled to daily full subsistence allowance for three meals
which  shall  be  computed  according  to  prevailing  circumstances.  Those  assigned  out  of their
regular work stations shall be entitled to per diem in place of this allowance. Actual transportation
allowance shall also be provided to calamity workers on field work.
Iiousi[ig .dlid Liv-ing Qunriers7 Aiiowance.  - Ali caiamir/- w-olkers w-ilo are tralisfened lo anotlier
assignment due to the exigency of the service shall be entitled to free housing with the agency
concerned. Provided, That, if living quarters are not available within the agency and the personnel
has histher residence outside of fifty (50) kilometers radius from such government facility, he/she
shall receive a housing allowance, and, Provided, further, That the rate of such housing allowance
shall be periodically adjusted for inflation.
Longevity Pay -A monthly longevity equivalent to five per centum (5%) of histher latest monthly
basic pay  shall be paid to a calamity worker for every  five years  of continuous,  efficient and
meritorious service rendered as certified by the chief of office concerned, commencing with the
service after approval of this Act.
Clothing allowance. - all calamity workers shall be entitled to a minimuln of One Thousand Five
Hundred  Pesos  (P1,500.00)  clothing  allowance  annually,  which  amount  shall  be  adjusted  as
needed.
Section  16. Compensation from Injuries.  -Calamity workers shall be protected against work-
related injuries in accordance with the Labor Code and Civil Service Law, as the case may be.
Injuries incured while doing overtime work shall be presumed work-connected.
Section 17. Rights of a Calamity Worker. -  Calamity workers shall have the following rights:
Protection  from  discrimination by  reason of sex,  sexual  orientation,  age,  political  or religious
beliefs, civil status, physical characteristics/disability or ethnicity;


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 histher duties
and responsibilities;
Join, organize or assist organizations or unions for lawful purposes;
Protection from any act that will prevent histher from applying professional interventions that the
client' s situation may require, and
Opportunities for continuing professional growth and development.
Section  18. Reassignment of Calamity Workers.  Except in the  interest of public  service,  no
transferorgeographicalreassignmentshallbemadeoreffectedwithoutwrittennoticetoacalamity
worker. Provided, That said written notice, stating the reasons for the reassignment shall be made
at least thirty (30) days prior to the date of transfer or reassignment ; Provided, further , That, if
the calamity worker believes that there is no justification for the transfer and/or reassigrment:,
he/she may appeal histher case to the CSC, which shall cause his/her transfer and/or reassignlnent
to be held in abeyance; Provided, furthermore,  That the necessary expenses of the transfer and/or
reassignment of the calamity worker and histher immediate family shall be paid for by the agency
concerned.
Section 19. Married Calamity Workers. -Whenever possible, the proper authorities shall take
steps to enable married couples both of whom are calamity workers. to be employed or assigned
in the same municipality, but not in the same office. Provided, that it shall not apply to married
calanity workers already assigned in the same office at the time this law takes effect.
Section 20. Freedom from Interference or Coercion. - It shall be unlawful for any person to
commit any of the following interference or coercion:
To  intimidate  or  force  a  calamity  worker to  submit  valuable  documents  that will  violate  the
principles of confidentiality  of records agreed upon between hin/her and the  clientele  groups:
Provided, That the release of such documents shall be approved by the clients concerned and shall
redound to their social well-being, and upon court order;
To prevent a calamity worker from upholding and applying the basic calamity work principles in
carrying out the programs and services for the target client groups the office;
To intimidate in order to encourage or discourage membership in any calamity work organization;
To prevent a calamity worker from carrying out histher duties and functions in calamity work
organization or union or to penalize the calamity worker for any lawful action perforined in that
capacity;
To make calculated harassment and interference with the mention of intimidating or preventing
the calamity worker from performing histher duties and functions;
To make  calculated harassment against;  or to transfer, penalize  or terminate the  services  of a
calamity worker who is carrying out histher her advocacy function role for and in behalf of his ther
clientele groups who are victims of injustice.


Section 21. Human Resource Development. The DND shall conduct a periodic human resource
development and management study in the following areas:
Adequate facilities and resources to render impact work service to affected residents;
Opportunities for calamity workers to grow personally and professionally;
Upgrading of working conditions;
A}1ocationoffundsfortheparticipationofcaiamityworkersinseminars,conferences,conventions
and similar activities.
Section  22.  Security  of Tenure.  No  calamity  worker holding  a permanent position  shall  be
terminatedexceptforcause;Provided,thatintheeventthecalamityworkerisfoundtobeunjustly
dismissed by the CSC or the NLRC, as the case may be, he/she shall be entitled to reinstatement
without  loss  of seniority  rights  and back wages with twelve per  centun  (12%)  interest to  be
computed  from  the  time  histher  compensation was  withheld  from  himther  up  to  the  time  of
reinstatement.
Section  23.  Implementing  Rules  and  Regulations.  The  Calamity  Work  Management  and
Consultative  Council.  upon  consultation  with  the  Chairperson  of the  Senate  Committee  on
National Defense, shall formulate the necessary rules and regulations, not inconsistent with the
provisionsofthislaw,fortheimplementationoftheMagnaCaifaforCalamityWorkers.Therules
and regulations shall be promulgated within six months from the effectivity of this Act.
Section24.PenalProvision.Anypersonwhoshallwillfullyinterferewith,restrainorcoerceany
calamityworkerintheexerciseofhistherrightsorshallinanymamercommitanvactinviolation
of any of the provisions of this Act, upon conviction, shall be punished by a fine of not less than
TweTty Thousand Pesos (P20,000.00) but not more than Forty Thousand Pesos (P40,ooo.oo) 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 additional
penalty of disqualification from office.
Section  25.  Separability  Clause.  If any  provision  of this Act  is  declared  unconstitutional  or
invalid, the remainder thereof not affected hereby shall continue to be in full force and effect.
Section 26. Repealing clause.   All laws, ordinances, rules and regulations, other issuances, or
partsthereofwhichareinconsistentwiththislawareherebyrepealedormodifiedaccordingly.
Section 27. Effectivity. This Act shall take effect fifteen (15) days after its publication in at least
two newspapers of general circulation.
Approved,