Magna Carta for Public Disaster Risk Reduction and Management (Drrm) Workers

Of poin TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -6 P2:14 SENATE S. No. 1043 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR THE MAGNA CARTA FOR PUBLIC DISASTER RISK REDUCTION AND MANAGEMENT WORKERS EXPLANATORY NOTE Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act was enacted in May 2010 mainstreamed internationally accepted principles of disaster risk reduction and management (DRRM) in the formulation and implementation of national and local sustainable development and poverty reduction strategies. It also established DRRM offices in every province, city and municipality, and barangays throughout the country. The landmark law institutionalized the network of DRRM workers at all levels of the government structure to ensure swift and effective disaster management and response during times of public emergencies. The DRRM workers have been the country's frontliners and first responders during crisis situations. They carry out important, round-the-clock tasks of providing humanitarian assistance, disseminating timely information, and leading relief and rescue operations during the onslaught of natural calamities. They have also been particularly active and constantly exposed to grave health risks in the fight against the novel Coronavirus (COVID-19) pandemic. Hence, it is imperative that there should be a national policy that recognizes the essential work that they do, honors their dedication to duty, and promotes their rights and welfare as workers.

This proposed legislation aims to address the gap between the broad mandate and responsibilities given to our DRRM workers and the lack of proper compensation, proper benefits and incentives for them. This measure, endorsed by the Office of Civil Defense (OCD), is a product of consultations with various DRRM workers associations and agencies of the National Disaster Risk Reduction and Management Council (NDRRMC). The Magna Carta for Public Disaster Risk Reduction and Management Workers shall cover those engaged in the prevention and mitigation, preparedness, response, and rehabilitation and recovery programs who are employed by the government or any of its political subdivisions. This bill has three main objectives: 1) Promote the well-being of Public DRRM Workers through the improvement of working conditions, environment and terms of employment; 2) Promote the development of skills and capabilities so that they will be more responsive and be better equipped in the delivery of DRRM services and programs; and 3) Encourage those with proper qualifications and excellent abilities to join and remain in the government service and the profession. More specifically, this measure introduces a range of benefits for Public DRRM workers, including hazard pay, subsistence allowance, insurance coverage, longevity pay, compensation for work-related injuries and sickness, night shift differential, legal assistance, security of tenure, and related necessary support such as medical and psychosocial examinations and the provision of personal protective equipment, free vaccination and other prophylactic medicine. In light of the DRRM workers' crucial role in maintaining public health, order and safety, and considering the increased frequency and intensity of climate change- related disturbances that occur in the country, the consideration of this bill is earnestly sought. Fissolate 1 JINGGOY EJERCITO ESTRADA

F20! Dits of i TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -6 P2:14 SENATE RECLASSI 1043 S. No.. Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR THE MAGNA CARTA FOR PUBLIC DISASTER RISK REDUCTION AND MANAGEMENT WORKERS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Magna Carta for Public

Disaster Risk Reduction and Management (DRRM) Workers".

Sec. 2. Statement of Policy. - It shall be the policy of the State to:

a) Uphold the people's constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country's institutional capacity for disaster risk reduction and management, and building the resilience of local communities to disasters including climate change impacts; b) Recognize and strengthen the capacities of Local Government Units (LGUs) and communities in mitigating, preparing for, responding to, and recovering from the impact of hazards and disasters; and c) Enhance the implementation of Republic Act No. 10121, otherwise known as the "Philippine Disaster Risk Reduction and Management Act of 2010" by enacting measures with special reference to the welfare of all Public DRRM Workers in the country. Towards this end, this Act aims to:

a) Promote and improve socio-economic and psychological well-being of Public DRRM Workers, through the improvement of working conditions, environment and terms of employment; b) Promote the development of skills and capabilities of Public DRRM Workers for them to be more responsive and be better equipped for the delivery of DRRM services and programs; and c) Encourage those with proper qualifications and excellent abilities to join and remain in the government service and DRRM profession.

Sec. 3. Definition. - For purposes of this Act, "Public DRRM Workers" refers to

10 all persons who are engaged in the performance of duties covering any or all Thematic 11 Pillars of DRRM - Prevention and Mitigation, Preparedness, Response, and 12 Rehabilitation and Recovery - employed by the government or any of its political 13 subdivisions, instrumentalities, or agencies. The Public DRRM Worker may either be 14 civilian personnel engaged in a permanent, temporary, contractual, or casual 15 employment or a Public DRRM Worker engaged through a Contract of Service (CoS) 16 and Job Order (JO) and such other appointments, so long as their position or designation or actual work performed involves government service work and those 18 functions provided under Section 5 of this Act.

Sec. 4. Certification. - The National Disaster Risk Reduction and Management

20 Council (NDRRMC), shall be the certifying body to oversee the following: (i) That the 21 DRRM functions or activities of an agency or LGU are authorized by law and/or proper 22 authority; (ii) The positions are part of the authorized staffing of the organizational units performing the DRRM functions; and (iii) Monitor that the incumbents thereof are actually engaged in DRRM work.

Sec. 5. Classification of DRRM Activities. - The following DRRM activities shall

be classified according to the risks involved based on the nature of work or location they are working in: a) Low Risk DRRM Activities - DRRM activities that subject a Public DRRM Worker to minimal exposure or lesser degree of occupational risks or perils to life, such as but not limited to, regular office or clerical work and those personnel that are not deployed for DRRM activities in high- risk areas.

b) High Risk DRRM Activities- DRRM activities that expose the Public DRRM Worker to occupational risks or perils to life, such as but not limited to, search, rescue, and retrieval operations, management of the dead and missing, rapid damage needs assessment, post-disaster needs assessment, emergency response activities, post-disaster activities, health and epidemic/pandemic response operations, and Low Risk DRRM Activities in high-risk areas such as those Public DRRM workers deployed in identified activities under the different Thematic Pillars and in critical areas that are about to be affected, is affected, and during the early recovery from natural or human-induced hazards. Such activities shall also cover those that are to be performed in high-risk areas. Low Risk DRRM activities shall be considered as high risk DRRM activities when the same is being performed in an affected area or in areas deemed high risk: Provided, That the determination of such classification shall be under the discretion of the respective heads of agencies concerned.

Sec. 6. Recruitment and Qualification. - Recruitment policy and minimum

requirements with respect to the selection and appointment and/or assignment of Public DRRM Workers shall be developed by the NDRRMC in accordance with the policies and standards of the Civil Service Commission and implemented by the respective agencies concerned: Provided, That in the absence of eligibles and it becomes necessary in the public interest to fill a vacancy, a temporary appointment shall be issued to the person, including persons with disability (PWD), who meets all the requirements for the position to which he/she is being appointed except the appropriate civil service eligibility: Provided, further, That such temporary appointment shall not exceed twelve (12) months nor be less than three (3) months, renewable only once thereafter but that the appointee may be replaced sooner if (a) a qualified civil service eligible becomes available, or (b) the appointee is found wanting in capacity or delivering poor performance or conduct unbefitting a government employee.

Sec. 7. DRRM Volunteers. - DRRM Volunteers shall not be covered by this Act,

but shall otherwise be covered by the Guidelines on Accredited Community Disaster 32 Volunteers (ACDV) and pursuant to Section 9(0) of RA 10121 and its implementing

1 rules and regulations issued by the NDRRMC. For those that are not covered by the 2 ACDV Guidelines, their respective organizations shall provide ample protection to their personnel-volunteers in consonance with the provisions of this Act.

Sec. 8. Non-permanent Public DRRM Workers. - Non-permanent Public DRRM

5 Workers engaged by the Government, such as Job Order, Contract of Service personnel, and consultants may be provided with such welfare benefits under Sections 25, 26, and 32 of this Act in relation to the performance of their duties as premiums 8 thereof should their contracts require or allow them to provide services that are deemed high risk in nature: Provided, That the Non-permanent Public DRRM Worker 10 shall secure a certification from the head of agency or its duly designated representative that he/she has performed either of the DRRM functions or activities as provided for under Section 5 of this Act as a requirement to avail such benefits.

Sec. 9. Performance Evaluation and Merit Promotion. - All concerned agencies,

in consultation under Section 39 of this Act, shall prepare a uniform career and personnel development plan applicable to all Public DRRM Workers. Such career and personnel development plan shall include provisions on merit promotion, performance evaluation, in-service training grants, job rotation, and incentive and award system. 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 his/her supervisor of his/her performance evaluation. The merit promotion plan shall be in consonance with the rules of the Civil Service Commission.

Sec. 10. Transfer or Geographical Reassignment of Public DRRM Workers. -

a) Transfer is the movement of an employee from one organizational unit to another in the same department or agency or from one department or agency to another which is of equivalent rank, level, or salary without gap in service. On the other hand, Re-assignment is a movement of an employee across the organizational structure within the same department or agency which does not involve a reduction in rank, level, or salary. A transfer requires an issuance of appointment while geographical re-assignment does not.

b) A Public DRRM Worker shall not be transferred and/or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons thereof in writing. If the Public DRRM Worker believes that there is no justification for the transfer and/or reassignment, he/she may appeal his/her case to the Civil Service Commission. In case of an appeal, the transfer/reassignment shall be held in abeyance and shall only take effect if the appeal is denied: Provided, That no transfer and/or reassignment shall be made for reasons merely of political affiliation: Provided, further, That no transfer and/or reassignment whatsoever shall be made three (3) months before and three (3) months after any local or national elections: Provided, furthermore, That the transfer/reassignment of Public DRRM Workers' nature of work shall remain to be DRRM in nature: Provided, finally, That the necessary expenses of the transfer and/or reassignment of the Public DRRM Worker and his/her immediate family shall be paid for by the Government.

Sec. 11. Married Public DRRM Workers. - Whenever possible, the proper

authorities shall take steps to enable married couples, both of whom are Public DRRM Workers, to be employed or assigned in the same LGU or government agency, but not necessarily in the same office department or division.

Sec. 12. Security of Tenure. - In case of permanent employment of Public

DRRM Workers, their services shall not be terminated except for cause provided by law and after due process: Provided, That if a Public DRRM Worker is found by the Civil Service Commission to be unjustly dismissed from work, he/she shall be entitled to reinstatement without loss of seniority rights and to his/her back wages with applicable commensurate interest, subject to prevailing laws and policies computed from the time his/her compensation was withheld from his/her up to the time of reinstatement.

Sec. 13. Protection from Discrimination. - Public DRRM Workers shall be

protected from discrimination regardless of their sex, age, gender, sexual orientation, race, ethnicity, pregnancy, physical disability or characteristics, civil status, creed,

religious and political beliefs, or any other status in the exercise of his/her profession: Provided, That the disability of the Public DRRM Worker shall not limit his/her effective performance of the DRRM profession which he/she is hired and/or appointed to.

Sec. 14. Duties and Obligations. - The Public DRRM Worker shall:

a) Perform his/her duty with utmost respect for life; b) Exercise his/her functions without consideration to race, sex, ethnicity, gender, sexual orientation, religion, nationality, party policies, and social status; c) Discharge his/her duty humanely with conscience and dignity; d) Be duty-ready at all times and prepared to be deployed in any kind of emergencies and disasters, adhering to all emergency protocol: Provided, That in the event where the family of the Public DRRM Worker is directly affected by the disaster, he/she shall first ensure their safety and well-being; e) Be properly trained and proficient in his/her assigned position and tasks; f) Always endeavor to maintain a level of health and fitness consistent with the demands of the DRRM profession; g) Actively participate in all in-service training, drills, and simulation exercises that will enhance his/her capacity in performing his functions as a Public DRRM Worker; h) Be familiar with the Disaster Risk Reduction and Management Plan, Contingency Plans, and Public Service Continuity Plan of the agency or LGU to which they are employed or engaged and contribute in their Occupational Safety and Health efforts; i) Conduct needs assessment as part of risk reduction and planning; j) Not consume liquor or any substances, legal or illegal, prior or while in the performance of duties that could impair his/her vigilance or judgment; k) Maintain an in-depth understanding of the emergency and DRRM procedures; 1) Practice utmost safety and diligence in the performance of duty; and

m) Always adhere that Disaster Prevention and Mitigation is first and foremost the most essential and that the same saves lives.

Sec. 15. Code of Conduct. - Within six (6) months from the approval of this

4 Act, the NDRRMC, upon consultation with the appropriate agencies and 5 instrumentalities of the government, and appropriate DRRM worker's organizations, 6 shall formulate and prepare a Code of Conduct for Public DRRM Workers, in consonance with Republic Act No. 6713 or the "Code of Conduct and Ethical Standards for Public Officials and Employees", which shall be disseminated as widely as possible.

Sec. 16. Administrative Charges. - Administrative charges against a DRRM

10 Worker shall be heard by a committee created by the agency/office where the Public 11 DRRM Worker belongs pursuant to the existing "Revised Rules on Administrative Cases in the Civil Service (RRACCS)". The committee shall submit its findings and recommendations to the head of agency/office within thirty (30) days from the 14 termination of the hearings. The Committee shall be appointed by the Head of Agency or LGU and shall be composed of seven (7) members, including the Chairperson. It shall be composed of the following: a) Second highest ranking official, for NGAs, or Vice-Mayor for LGUs, or Vice- Governor for Provincial Level, as its Chairperson; b) The Head of Human Resource as its Vice-Chairperson; c) One (1) Division Chief with a salary grade of not lower than 22; d) Two (2) Section Chiefs or employees with salary grade of not lower than 18; e) One (1) representative from a recognized Public DRRM Worker's association or its equivalent: Provided, That the said representative also belongs to the agency, and in the absence thereof, an employee with a salary grade of not lower than 18; and f) One (1) representative from the legal section or division, or its equivalent. The Head of Office may reorganize the composition of the Committee in such cases where one or more members of the Committee is/are the interested party or in cases necessary to discharge the functions of the Committee, such as when the prescribed composition of the Committee cannot be met due to insufficiency,

1 unavailability, or absence of the position, rank, or office in the agency. In such case, 2 the Head of Office shall exercise diligence in choosing the members in accordance with their ranks or functions consistent with the prescribed composition.

Sec. 17. Legal Support. - Public DRRM Workers shall be exempted from any

5 liability as to damage to any property or injury to a person caused in the direct performance of their duty relative to disaster or emergency response and other related 7 activities where the same is necessary in order to save lives or properties, in accordance with Art. 11, par. 5 of the Revised Penal Code and/or other applicable laws and issuances. In any case, however, the Public DRRM Worker shall be afforded with 10 appropriate assistance by their respective agency or LGU concerned in view that any 11 conflict that may arise shall be resolved amicably or extra-judicially through 12 commensurate and peaceful means. In cases where injury or death is involved and a case has been filed against the Public DRRM Worker, he/she shall be afforded with all possible legal assistance by the 15 Agency or LGU concerned: Provided, That it is established by the Public DRRM Worker, 16 through a Sworn Affidavit, that the injury or death caused is in direct connection of his/her duty, without any criminal or malicious intent.

Sec. 18. Safeguards in Disciplinary Procedures. - In every disciplinary

proceeding, the Public DRRM Worker shall have: a) the right to be informed, in writing, of the charges; b) the right to full access to the evidence in the case; c) the right to defend himself/herself and to be defended by a representative of his/her choice and/or by his/her organization, with adequate time given to the Public DRRM Worker for the preparation of his/her defense; d) the right to confront witnesses presented against him/her and summon witnesses in his/her behalf; e) the right to appeal to designated authorities; f) the right to reimbursement of reasonable expenses incurred in his/her defense in case of exoneration or dismissal of the charges; and g) such other rights as will ensure fairness and impartiality during proceedings.

Sec. 19. Normal Hours of Work. - The normal hours of work of any Public DRRM

2 Worker shall not exceed eight (8) hours a day or forty (40) hours a week. Hours worked shall include: a) all the time during which a Public DRRM Worker is required to be on active duty or to be at a prescribed workplace; and b) all the time 5 during which a Public DRRM Worker is placed in On-Call status: Provided, That a Public 6 DRRM Worker particularly placed in "On Call" status shall be entitled to an "On Call" 7 pay equivalent to fifty percent (50%) of his/her regular wage: Provided, further, That no Public DRRM Worker shall be placed "On-Call" status beyond seven (7) days per month. "On Call" status refers to a status where a Public DRRM Worker not on active 11 duty is called upon to respond to urgent or immediate need for response-related 12 activities relative to emergencies such that he/she cannot devote the time for his/her own use.

Sec. 20. Overtime Work. - Where the exigencies of the service so require, any

Public DRRM Worker may be required to render service beyond the normal eight (8) hours a day. In such a case, the workers shall be paid an additional compensation in accordance with existing laws and prevailing practices: Provided, That such compensation shall be subject to the same rates, conditions, and limitations applicable to qualified government personnel provided under relevant issuances of Civil Service Commission (CSC) - Department of Budget and Management (DBM).

Sec. 21. Work During Rest Day. -

a) Where a Public DRRM Worker is made to work on his/her scheduled rest day, he/she shall be paid an additional compensation in accordance with existing laws. b) Where a Public DRRM Worker is made to work on any special holiday he/she shall be paid an additional compensation in accordance with existing laws. Where such holiday work falls on the worker's scheduled rest day, he/she shall be entitled to an additional compensation as may be provided by existing laws.

Sec. 22. Night-Shift Differential. -

a) Every Public DRRM Worker shall be paid a night-shift differential of twenty percent (20%) of his/her regular wage for each hour of work performed during the night-shifts. b) Every Public DRRM Worker required to work on the period covered after his/her regular schedule shall be entitled to his/her regular wage plus the regular overtime rate and an additional amount of twenty percent (20%) of such overtime rate for each hour of work performed between six (6) o'clock in the evening to six (6) o'clock in the morning.

Sec. 23. Salaries. - In the determination of the salary scale of Public DRRM

Workers, the existing applicable law on the salary scheme of government employees shall govern. a) Salary Scale for Local Public DRRM Worker - The salary scales of Public DRRM Workers whose salaries are appropriated by a municipality, city, or provincial government shall be based on the salary schedule being implemented by the LGU concerned; b) Salaries to be Paid in Legal Tender - Salaries of Public DRRM Workers 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 treasurers' office or any banking institution operating under the laws of the Republic of the Philippines. c) Deductions Prohibited - No person shall make any deduction whatsoever from the salaries of Public DRRM Workers except under specific provision of law authorizing such deductions: Provided, however, That upon written authority executed by the Public DRRM Worker concerned, a) lawful dues or fees owing to any organization/association where such Public DRRM Worker is an officer or member; and b) premiums properly due all insurance policies, retirement and medicare shall be considered deductible.

Sec. 24. Additional Compensation. - Notwithstanding Section 12 of Republic

Act No. 6758 also known as the "Compensation and Position Classification Act of 1989", Public DRRM Workers shall receive the following allowances: hazard allowance,

1 subsistence allowance, reimbursement of allowable communication expense, longevity pay, laundry allowance, and quarters allowance.

Sec. 25. Hazard Allowance. - As provided under Section 5 of this Act, Public

DRRM Workers, who are exposed to high risks or perils to life in the performance of their duties and responsibilities, shall be compensated with hazard allowance 6 equivalent to not exceeding twenty-five percent (25% of their daily basic salary, and 7 at least five percent (5%) for Public DRRM Workers exposed in low-risk activities when 8 deployed to or are working in affected areas: Provided, That Public DRRM Workers under low risk DRRM activities shall be eligible to avail an increase hazard allowance 10 equivalent to that of high risk DRRM Workers in the event that they are called to perform or are deployed for a limited period to high-risk DRRM activities, subject to appropriate computation of days rendered. The determination of the compensation of Hazard Allowance shall be based on the actual working days of exposure of the Public DRRM Worker to any given risks or perils to life.

Sec. 26. Transportation, Communication, and Subsistence Allowance. - Public

DRRM Workers who are required to render service in the field during emergencies and disasters in order to make their services available at any and all times, shall be entitled to full subsistence allowance of three (3) meals which may be computed in accordance with prevailing circumstances: Provided, That no subsistence allowance shall be given in the event where the concerned agency has already prescribed meals for the Public DRRM Worker. Public DRRM workers required to report outside of their regular workstations other than responding to disasters or emergencies shall be entitled to such transportation and travel expenses pursuant E.O No. 77. s. 2019 or other existing budgeting, accounting and auditing guidelines as well as reimbursement of allowable communication expenses.

Sec. 27. Longevity Pay. - A monthly longevity pay equivalent to five percent

(5%) of the monthly basic pay shall be paid to a Public DRRM Worker for every five (5) years of continuous, efficient, and meritorious services rendered as certified by the chief of office concerned, commencing with the Public DRRM Worker's service upon the effectivity of this Act.

Those entitled to Longevity Pay can no longer avail of the Step Increment 2 benefit due to length of service.

Sec. 28. Laundry Allowance. - All Public DRRM Workers who are required to

4 wear uniforms regularly shall be entitled to laundry allowance equivalent to One hundred fifty pesos (P150.00) per month: Provided, That this rate shall be reviewed 6 periodically and increased accordingly by the NDRRMC in consultation with the 7 appropriate government agencies concerned taking into account existing laws and prevailing practices.

Sec. 29. Housing. - All Public DRRM Workers who are on tour of duty and those

10 who, because of unavoidable circumstances are forced to stay in their offices, shall be entitled to free living quarters within the office, or if such quarters are not available, shall receive quarters allowance as may be determined by their respective agencies. A qualified Public DRRM Worker who has no residence within a fifty (50) kilometer radius from such government facility or deployment area shall be granted quarters allowance at the local room rental rate in the area until free living quarters are available.

Sec. 30. Medical, Mental, and Psychosocial Examination. - Compulsory medical,

mental, and psychosocial examination shall be provided free of charge to all Public DRRM Workers before entering the service in the Government or its subdivisions and shall be repeated once a year during the tenure of employment of all Public DRRM Workers and every after deployment of Public DRRM Workers for more than three (3) days to seven (7) days in high-risk areas, as may be determined by the agency where the Public DRRM Worker belongs: Provided, That where medical examination shows that medical treatment, mental, or psychosocial intervention, and/or hospitalization is necessary for those already in government service, the treatment and/or hospitalization including medicines shall be provided free either in a government or a private hospital by the government entity paying the salary of the Public DRRM Worker: Provided, further, That the cost of such medical examination and treatment 29 shall be determined by the respective agency who the Public DRRM Worker is engaged with and such amount be subject to process of the agency. In cases of extreme exposure to a traumatic experience while rendering DRRM Work, the agency shall, aside from those that are provided for above, provide

1 necessary support for the rehabilitation of the Public DRRM Worker. A post medical 2 examination shall be provided for the Public DRRM Worker prior to leaving the service.

Section 31. Personal Protective Equipment, Vaccination, and other Prophylaxes.

4 - Public DRRM Workers, as frontliners in disaster response, shall be provided with 5 appropriate personal protective equipment, free vaccinations and other prophylactic 6 medicines against common and present diseases in the locality where the Public DRRM 7 Worker is assigned. The immediate family of Public DRRM Workers deployed in high risk areas who are exposed to any highly contagious disease/illness shall also be entitled to vaccinations or any available immediate medical intervention.

Sec. 32. Compensation for Work-Related Injuries and Sicknesses. - Public

DRRM Workers shall be protected against the consequences of employment injuries or sickness in accordance with existing laws. Injuries or sickness incurred in line of duty shall be presumed work-connected.

Sec. 33. Leave Benefits for Public DRRM Workers. - Public DRRM Workers are

entitled to such vacation and sick leaves as provided by existing laws and prevailing practices: Provided, That in addition to the leave privileges now enjoyed by Public DRRM Workers - men and women Public DRRM Workers are entitled to such paternity and maternity leaves, respectively, provided by existing laws and prevailing practices: Provided, further, That upon separation of the Public DRRM Workers from service, they shall be entitled to all accumulated leave credits with pay. Public DRRM Workers are also entitled to rehabilitation leave privilege for physical, mental, or emotional injuries/damage sustained in the performance of official duties subject to the provisions under relevant issuances of Civil Service Commission (CSC) and the 24 Department of Budget and Management (DBM).

Sec. 34. Capacity Building, Scholarship and Grants. - Public DRRM Workers

shall undergo necessary training and other capacity building activities on a regular basis. They shall also be given opportunity to avail of scholarship benefits and grants for pursuing graduate and post-graduate studies in accordance with the existing rules to be implemented by the concerned agencies or LGUs. Grantees of the program may study within the Philippines or abroad provided that the concerned agency or LGU shall provide strict measures to ensure continuity and render service obligation. The

1 concerned agency shall give utmost preference to post-graduate DRRM-related studies 2 in granting such benefits.

Sec. 35. Mandatory Insurance Coverage. - Public DRRM Workers shall be

4 entitled to insurance coverage as provided by the Social Security System (SSS) as 5 mandated under Republic Act No. 8282 otherwise known as the "Social Security Law", 6 by the Government Service Insurance System (GSIS) as provided by Republic Act No. 7 8291 also known as "The Government Service Insurance System Act of 1997", by the Universal Health Care Act as mandated by RA No. 11223, and by the Philippine Health Insurance (Philhealth) as mandated by Republic Act No. 7875 or the "National Health Insurance Act of 1995" ", whichever is applicable. Further, Public DRRM Workers holding permanent positions and are assigned on field work shall also be entitled to personal accident insurance amounting to P100,000.00; at a minimum, it must include coverage for accidental death or dismemberment, permanent disability and hospitalization cost reimbursement.

Sec. 36. Right to Self-Organization. - Public DRRM Workers shall have the right

to freely form, join or assist organizations or associations, to the extent allowable by law and/or existing policies, for purposes not contrary to law in order to defend and protect their mutual interests and to obtain redress of their grievances through peaceful concerted activities.

Sec. 37. 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 Public DRRM Worker shall not join a DRRM Workers' organization, association, 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 DRRM Workers' organization, association, or union; c) to prevent a Public DRRM Worker from carrying out duties laid upon him/her by his/her position in the organization, association, or union, or to penalize him/her for the action undertaken in such capacity;

d) to harass or interfere with the discharge of the functions of the Public DRRM Worker when these are calculated to intimidate or to prevent the performance of his/her duties and responsibilities; and e) to otherwise interfere in the establishment, functioning, or administration of DRRM Worker's organizations or unions through acts designed to place such organization or union under the control of government authority.

Sec. 38. Consultation with Public DRRM Workers' Organizations. - In the

formulation of national policies governing the social security of Public DRRM Workers, professional and Public DRRM Workers' organizations as well as other appropriate 10 government agencies concerned shall be consulted by the NDRRMC. For this purpose, Management-DRRM Workers' Consultative Councils for national, regional and other appropriate levels shall be established and operationalized.

Sec. 39. Human Resource Development/Management Study. - The Human

Resource Department/Division of respective concerned agencies shall conduct a periodic human resource development/management study into, among others, the following areas: a) adequacy of facilities and supplies to render quality DRRM services to client population; b) opportunity for Public DRRM Workers to grow and develop their potentials and experience a sense of worth and dignity in their work; c) mechanisms for democratic consultation in government DRRM institutions; d) appropriate organizational and staffing patterns; e) ways and means of enabling the rank-and-file workers to avail of educational opportunities for personal growth and development; f) upgrading of working conditions, reclassification of positions and salaries of Public DRRM Workers to correct disparity vis-a-vis other professions such that positions requiring longer study be upgraded and given corresponding pay scale; and g) assessment of the national policy on exportation of skilled human resources to focus on how these resources could instead be utilized productively for the country's needs.

Sec. 40. Implementing Rules and Regulations. - The NDRRMC after

2 consultation with appropriate agencies of the Government as well as professional and DRRM Workers' organizations or associations, shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Moreover, the DBM, in coordination with the NDRRMC, shall issue the guidelines on the grant of 6 compensation-related benefits to Public DRRM Workers. Rules and regulations issued pursuant to this Section shall take effect thirty (30) days after publication in a newspaper of general circulation.

Sec. 41. Prohibition Against Double Recovery of Benefits. - Whenever other

10 laws provide for the same benefits covered by this Act, the Public DRRM Worker shall have the option to choose which benefits will be paid to him/her. However, in the event that the benefits chosen are less than that provided under this Act, the worker shall be paid only the difference.

Sec. 42. Prohibition Against Elimination and/or Diminution of Benefits. -

Nothing in this law shall be construed to eliminate or in any way diminish benefits being enjoyed by Public DRRM Workers at the time of the effectivity of this Act.

Sec. 43. Appropriations. - The amount needed for the implementation of this

18 Act shall be determined by the concerned agencies and be included in the General 19 Appropriations Act of the year following its enactment under the budgetary appropriations of concerned agencies or chargeable against local funds of Local Government Units subject to Personal Service Limitations pursuant to Sec. 325 of RA 7160 where applicable. However, such special benefits, including injury and burial benefits as well as hazard pay may be sourced from the Local DRRM Fund of the agencies or Local Government Units.

Sec. 44. Penal Provision. - Any person who shall willfully interfere with, restrain

or coerce any Public DRRM Worker in the exercise of his/her rights or shall in any manner commit any act in violation of any of the provisions of this Act, upon conviction, shall be punished by a fine of not less than Ten thousand pesos (P10,000.00) or imprisonment of not more than one (1) year or both at the discretion of the court.

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 disqualification from public office.

Sec. 45. Separability Clause. - If for any reason, any provision of this Act is

declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.

Sec. 46. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 47. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulations. Approved,