Magna Carta of the Drug Enforcement Officers and Other Personnel of the Pdea

Ernate ffice of the sucretary TWENTIETH CONGRESS OF THE 25 AUG 27 P2:19 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1285 Introduced by Senator Christopher Lawrence "Bong" T. Go AN ACT INSTITUTING THE MAGNA CARTA OF BENEFITS FOR THE OFFICERS AND PERSONNEL OF THE PHILIPPINE DRUG ENFORCEMENT AGENCY EXPLANATORY NOTE The eradication of illegal drugs remains one of the most persistent challenges faced by governments around the world. It is an undeniable reality that the proliferation of illegal drugs causes irreversible harm to a nation's healthcare system, governance, and public security. In the Philippines, the Philippine Drug Enforcement Agency (PDEA) plays a central role in the national campaign against illegal drugs, placing its uniformed personnel at the frontline constantly exposed to danger, injury, or even death. It is therefore the duty of the State to protect its uniformed men and compensate their immeasurable contribution to the safety and security of our communities. The least that the government can provide for our uniformed personnel in the PDEA and their families is to give them an assurance that the government appreciates the work that they do, and hopes for a bright future for them and their families.

This bill seeks to honor the exceptional dedication of these men and women who work tirelessly and selflessly serve the nation. The bill aims to protect the social and economic welfare of these men and women in the PDEA, giving these men and women a decent standard of living by providing them acceptable living and working conditions, better terms of employment and career opportunities in order that they may be able to effectively carry out their mandate. Hence, the passage of this bill is earnestly sought. SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO

Senate Offiee of the e cretarp TWENTIETH CONGRESS OF THE 25 AUG 27 P2:20 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1285 Introduced by Senator Christopher Lawrence "Bong" T. Go AN ACT INSTITUTING THE MAGNA CARTA OF BENEFITS FOR THE OFFICERS AND PERSONNEL OF THE PHILIPPINE DRUG ENFORCEMENT AGENCY Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section. 1. Title. - This Act shall be known as the "Magna Carta of the Drug

Enforcement Officers and Other Personnel of the Philippine Drug Enforcement Agency."

Sec. 2. Declaration of Policy. - It is the policy of the State to safeguard the integrity

of its territory and the well-being of its citizenry particularly the youth, from the harmful 6 effects of dangerous drugs on their physical and mental well-being, and to defend the 7 same against acts or omissions detrimental to their development and preservation. Such huge task is entrusted to the men and women of the Philippine Drug Enforcement Agency. In carrying out this sworn duty, these men and women risk their lives against drug traffickers who have all the resources to conduct their illegal trade at all costs. It is hereby declared to be the policy of the State to protect the social and economic welfares of these men and women. Towards this end, the State shall provide these men and women with decent standard of living by providing them acceptable living

and working conditions, better terms of employment and career opportunities in order that they may be able to effectively carry out their mandate.

Sec. 3. PDEA personnel shall have the following rights:

(a) Protection from discrimination by reason of sex, sexual orientation, age, political or religious beliefs, civil status, physical characteristics, disability, or ethnicity; (b) 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 his/her duties and responsibilities. (c) Join, organize or assist organizations or unions for lawful purposes; (d) Opportunities for continuing professional growth and development; and (e) PDEA personnel can teach or practice their profession after office hours pursuant to Civil Service Law and Rules.

Sec. 4. Career Development Program. - In order to ensure that the Agency is run

17 by officials and employees with a commendable level of professionalism, competence, 18 commitment to service, transparency, respect for human dignity and integrity, a well- rationalized career development program shall be provided by PDEA. The programs shall serve as the basis for all career and personal development activities of PDEA. This applies to all personnel of PDEA with appropriate qualifications, attitude and 23 drive for professionalism who wish to assume positions of higher responsibility through promotion based on the principle of merit, fitness, equality and transparency and also address protest related to promotion. Equal opportunity to all Drug Enforcement Officers (DEOs) and personnel in terms of training and schooling.

Sec. 5. Merit and Promotion Plan. - A Merit and Promotion plan shall be

29 promulgated by PDEA based on applicable laws, and rules, regulations and standards set

by the Commission to ensure that every employee is given fair and equal opportunity in career advancement particularly in promotion. Promotion shall be primarily based on merits and fitness. No spot promotion shall be allowed. Outstanding performance or accomplishment of personnel shall only be considered as additional point and should not be the sole basis of promotion.

Sec. 6. Performance Evaluation. - The performance of PDEA personnel shall be

9 governed by the Strategic Performance Management System (SPMS) under Memorandum 10 Circular No. 6 series of 2006 dated March 19, 2012 issued by the Commission and/or by subsequent laws. Under the SPMS, incentive scheme shall be performance-based integrating the personnel and organizational performance. Civil servants and the government institutions shall be rewarded accordingly on their exemplary performance. Hence, PDEA shall adopt reasonable policies, rules and regulations necessary to 18 carry out the objectives of the SPMS.

Sec. 7. Mission of the PDEA Academy. - To train and develop Drug Enforcement

Officers and personnel of PDEA into professional, dynamic, excellence-driven and 22 accountable public servants who can effectively and efficiently enforce laws against illegal drugs.

Sec. 8. Training Programs of the PDEA Academy. - The PDEA Academy shall

include training programs classified as Career Courses, Specialized Courses, Skills Enhancement Trainings and Seminars, and Foreign Sponsored Trainings. Career courses shall refer to training programs that shall aim to enhance the competencies of the participants in conducting anti-illegal-drug operations, and their

leadership and management skills. These shall include Drug Enforcement Officers Basic 2 Course (DEOBC), PDEA Leadership Course, and PDEA Management Course. Specialized courses shall refer to training programs that shall be designed to provide the foundation of knowledge and skills needed in the performance of duty in a particular PDEA occupational specialty. These include DEO Anti-Illegal-Drug Intelligence 7 Course, DEO Anti-Illegal-Drug Investigation Course, PDEA Community-Based Anti-Illegal- 8 Drug Advocacy Course, PDEA Custodial Officers Course, Drug Forensic Chemists Basic 9 Training Course, PDEA Evidence Custodians Course, Security Officers Course, and 10 Administrative Officers Course. Skills enhancement trainings and seminars shall refer to short-term trainings that primarily aim to improve knowledge and hone the participants' skills in specific areas or fields.

Sec. 9. Basic Salary. - The salary of PDEA officers and other personnel shall be

based on the Salary Standardization Law. Basic salary shall exclude personnel economic relief allowance (PERA), uniform/clothing allowance, quarters allowance, hazard duty pay, hardship pay and other allowances as may be provided by existing laws.

Sec. 10. Uniform or Clothing Allowance. - PDEA officers and other personnel,

whether occupying regular, contractual or casual positions, who have been in the service for at least six (6) months shall be entitled to uniform or clothing allowance not exceeding Six Thousand Pesos (P6,000.00) or as provided by subsequent laws.

Sec. 11. Hazard Duty Pay. - All PDEA personnel shall be entitled to hazard duty

29 pay equivalent to thirty percent (30%) of the basic salary monthly salary.

Sec. 12. Combat Pay. - DEOs and other personnel exposed to hardship and combat

situations or assigned to and performing their duties and responsibilities in strife-torn or embattled areas as determined and certified by the Secretary of National Defense or by his authorized representative shall be entitled to twenty-five percent (25%) of basic monthly salary. Combat pay shall only be granted for the duration of such assignment.

Sec. 13. Representation and Transportation Allowances. - The following officers,

while in the actual performance of their respective functions, are hereby authorized monthly commutable representation and transportation allowances, charged against 10 appropriations authorized for the purpose at the rates indicated below or as prescribed by subsequent laws: OFFICER RA TA (a) Director General P11,000.00 P11,000.00 (b) Deputy Director General for Administration/ Operation 10,000.00đ 10,000.00 (c) Service and Regional Directors 9,000.00| 9,000.00 (d) Deputy Service Director or Assistant Regional Director 7,500.00 7,500.00 (e) Division Chiefs as identified in the Personal Services and 5,000.00 5,000.00 Itemization and Plantilla of Personnel

Sec. 14. Longevity Pay. - PDEA personnel shall be entitled to an increase of 10%

of basic monthly salary for every five (5) years of continuous, efficient, and meritorious service in the government which shall be computed from the personnel's first appointment in the government service: Provided, that the maximum longevity pay shall not exceed fifty percent (50%) of the basic monthly salary.

Sec. 15. Quarters Allowance. - Officers who are transferred from one assignment

20 to another by virtue of PDEA policies on reshuffling or rotation of personnel and do not

own houses or other types of residence therein shall be provided quarters within the office premises. Where there is not enough space to be used as quarters, monthly allowance shall be provided to the entitled officers, based on existing rental fees in the area of assignment. Other officers and personnel not entitled under the above circumstances may be allowed to use government quarters provided they shall be charged the corresponding cost of rentals subject to the applicable rules.

Sec. 16. Medical Allowance - All PDEA personnel shall be provided with medical

allowance of not less than Fifteen Thousand Pesos (Php15,000) per year for any illness or injury requiring hospitalization. This amount could also be used by any of the dependents of the personnel for any illness or injury requiring hospitalization.

Sec. 17. 13th and 14th Month Pay and Cash Gift. - Officers and employees shall be

entitled to mandatory 13th and 14th month pay equivalent to the monthly basic 17 compensation received by an employee, computed pro-rata according to the number of months within a year that the employee has rendered service to the employer and a cash gift amounting to five thousand pesos (Php5,000.00) or the amount which may be prescribed by subsequent laws.

Sec. 18. Medical and Dental Examinations and Stress Debriefing. - Annual medical

and dental examinations shall be provided to every employee at the expense of the PDEA. Appropriate stress debriefing and management programs shall likewise be provided to DEOs in a regular basis or as needed.

Sec. 19. Survivorship Benefits. - In case of death of PDEA Officials and employees,

the surviving legitimate spouse and dependent, or in their absence, the surviving parents shall be entitled to receive all the retirement benefits that the deceased official or employee was receiving or entitled to receive at the time of death. A "dependent" means

a legitimate, illegitimate, or legally adopted child which is chiefly dependent with the 2 deceased officials or employees if such dependent is not more than twenty-one (21) years 3 of age, unmarried and not gainfully employed, or if such dependent, regardless of age, is incapable of self-support because of mental or physical defect. The surviving legitimate spouse shall continue to receive such retirement benefits during his or her lifetime or until he or she remarries; Provided, that if the surviving legitimate spouse is receiving benefits under the existing retirement laws, the surviving legitimate spouse shall only be entitled 8 to the difference between the amount provided for in this Act and the benefits the 9 surviving spouse has been receiving.

Sec. 20. Optional Early Retirement for DEOs. - A DEO may opt to retire upon

reaching the age of fifty- five (55) and be paid retirement benefits in accordance with 13 existing law: Provided, that he has rendered at least fifteen (15) years of government 14 service. Provided, further, that those who have availed of this benefit shall not be allowed re-entry, in any capacity, to PDEA.

Sec. 21. Compulsory Retirement for DEOs. - Upon attainment of the age of fifty-

six (56), a DEO shall retire from service and be paid retirement benefits in accordance with existing law: Provided, that those who have compulsorily retired shall not be allowed re-entry, in any capacity, to PDEA.

Sec. 22. Optional Early Retirement for Non-DEOs. - Upon attainment of the age

of sixty (60), non-DEOs including those occupying director positions may opt to retire from service and be paid retirement benefits in accordance with existing law: Provided, That in the case of officers occupying the positions of Director II or Director 26 III, the Commission may allow his retention in the service for an un-extendible period of 27 one (1) year; Provided, further, That those who have compulsorily retired shall not be 28 allowed re-entry, in any capacity, to PDEA.

Sec. 23. Compulsory Retirement for Non- DEOs. - Upon attainment of the age of

sixty-five (65), non- DEOs including those occupying director positions shall retire from service and be paid retirement benefits in accordance with existing law: Provided, that those who have compulsorily retired shall not be allowed re-entry, in any capacity, to PDEA.

Sec. 24. Appropriations. - The amount needed for the initial implementation of

8 this Act shall be taken from the current year's appropriations of the DOST. Thereafter, such sums, as may be necessary for its continued implementation, shall be included in the annual General Appropriations Act.

Sec. 25. Implementing Rules and Regulations. - The PDEA shall formulate and

prepare the Implementing Rules and Regulations of this Act within ninety (90) days from approval of this Act. The IRR shall be immediately published in any newspaper of general circulation and through other means the PDEA deem sufficient in order to give general notice to the public and shall take effect fifteen (15) days after publication.

Sec. 26. Separability Clause. - If any portion or provision of this Act is subsequently

declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in full force and effect.

Sec. 27. Repealing Clause. - All other laws, acts, presidential decrees, executive

orders, presidential proclamations, issuances, rules and regulations, or parts thereof which are contrary to or inconsistent with any of the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in a newspaper of general circulation.