Uniformed Personnel Comprehensive Social Benefits Program Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL -8 P6:02 SENATE RECEI S. No. — Introduced by Senator Francis G. Escudero AN ACT INSTITUTIONALIZING A COMPREHENSIVE SOCIAL BENEFITS PROGRAM FOR UNIFORMED PERSONNEL AND OTHER QUALIFIED AUXILIARY SERVICE MEMBERS WHO ARE KILLED, WOUNDED, OR RENDERED PHYSICALLY DISABLED IN LEGITIMATE ACTIONS OR OPERATIONS, CREATING FOR THE PURPOSE A COMPREHENSIVE SOCIAL BENEFITS PROGRAM TRUST FUND, AND FOR OTHER PURPOSES EXPLANATORY NOTE This bill finds its roots in Presidential Decree No. 577, Republic Act No. 6963, Executive Order Nos. 69 s.2018 and 110 s.2020 and other issuances that sought to provide benefits to members of uniformed services who are killed, injured or rendered physically-disabled in the performance of their duties in legitimate operations. Given the sad state of our military and police in terms of compensation and benefits vis-a-vis their sworn duty to protect and secure the State, and preserve and maintain peace and order, it is imperative that a comprehensive and institutional assistance be accorded to them by the State. The officers, men and women of the uniformed services deserve nothing less than a reasonable and tangible recognition of their dedication and commitment to the country, especially their families who are somewhat left hollow both emotionally, spiritually and financially. As such, drawing from the salient features of Executive Order 110 s. 2020, this bill seeks to institutionalize the Comprehensive Social Benefits Program (CSBP) in a manner that would make the program more inclusive, its delivery more expedited, and its benefits more attuned to present needs.

To make the program more inclusive, this proposed measure expands the program coverage in two ways. First, the bill includes other uniformed personnel such as those from the Bureau of Corrections among the possible beneficiaries under the program. Second, the bill seeks to provide the same benefits under the program to uniformed personnel who suffered death, injury or physical disability prior to the effectivity of the proposed measure. These twin interventions ensure that uniformed personnel who are confronted by perils in their line of work are provided with social and financial safety nets especially when they are killed, injured or rendered physically disabled in the line of duty. To make delivery more expedited, the bill creates a trust fund where the benefits to be provided under the CSBP can be drawn. Essentially, this bill earmarks twenty billion pesos (P20,000,000,000.00) in a trust fund to finance and make available various forms of assistance to qualified uniformed personnel and auxiliary service members and their beneficiaries, which includes: a) Special Financial Assistance; b) Educational Assistance; c) Shelter Assistance; d) Health and Medical Care Assistance; (e) Social Welfare and Cost of Living Assistance; and (f) Employment Assistance. This fund shall also be implemented and managed by a Comprehensive Benefit Program Fund Board comprised of government finance managers, social service providers, and the uniformed services concerned to ensure that the aforementioned assistance are provided to qualified beneficiaries in a timely manner. Finally, the bill likewise seeks to expand the actual benefits provided under the CSBP. It seeks to extend the provision of educational assistance to cover ancillary educational expenses such as transportation, board and lodging, books and living expenses. It also enlarges the scope of shelter assistance to include not only construction but also rehabilitation, repair and improvement of existing housing units an intended beneficiary may already have. Finally, the bill increases the level of rice subsidy provided under social welfare and cost of living assistance to reflect average household rice consumption. Sacrificing both life and limb in the name of one's motherland can never be understated and to honor one's heroism may be put into naught if it cannot be translated into reality. Hence, this bill is filed for Congress' immediate consideration and approval. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -8 P6:02 SENATE RECEI S. No. _ Introduced by Senator Francis G. Escudero AN ACT INSTITUTIONALIZING A COMPREHENSIVE SOCIAL BENEFITS PROGRAM FOR UNIFORMED PERSONNEL AND OTHER QUALIFIED AUXILIARY SERVICE MEMBERS WHO ARE KILLED, WOUNDED, OR RENDERED PHYSICALLY DISABLED IN LEGITIMATE ACTIONS OR OPERATIONS, CREATING FOR THE PURPOSE A COMPREHENSIVE SOCIAL BENEFITS PROGRAM TRUST FUND, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assemble

Section 1. Short Title. - This Act shall be known as the " Uniformed Personnel

2 Comprehensive Social Benefits Program Act".

Sec. 2. Declaration of Policy. - It is hereby declared a policy of the State to

4 accord its military and police the rightful and reasonable benefit in the performance 5 of their sworn duty in defending and securing the State, and maintaining peace, order 6 and safety in the country. Towards this end, it is imperative upon the State to provide 7 an institutionalized comprehensive social benefits program to provide for the necessities and basic needs of uniformed personnel and auxiliary service members, as weil as their dependents and beneficiaries, especially after being killed, wounded or rendered physically disabled in legitimate actions or operations sanctioned by the 11 government and the State.

Sec. 3. Institutionalization of the Comprehensive Social Benefits Program. - The

13 Comprehensive Social Benefits Program (CSBP), or the Program, is hereby institutionalized as a government mechanism to provide timely, appropriate and 15 rationalized assistance and benefits to elements of uniformed services and qualified

1 auxiliary services who become casualties in legitimate operations of their respective 2 organizations, and their qualified dependents and beneficiaries. The CSBP shall provide for different types of benefits and assistance, including, but not limited to: special financial assistance; shelter assistance; health and medical care assistance; educational assistance; social welfare and cost of living assistance; and employment 6 assistance.

Sec. 4. Coverage and Scope. - The Program shall cover all uniformed personnel

of the Armed Forces of the Philippines (AFP) including the Citizen Armed Force Geographical Unit (CAFGU) and CAFGU Active Auxiliary, Philippine National Police 10 (PNP), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), Bureau of Corrections (BUCOR), and Philippine Coast Guard (PCG) who are 12 killed, wounded or rendered physically disabled in legitimate actions or operations, as well as their qualified dependents and beneficiaries.

Sec. 5. Components of the Program. - The benefits to be granted under the

Program shall include the following: (a) Special Financial Assistance. - Provision of a lump sum fund for the death, injury or total permanent physical disability suffered by qualified uniformed personnel and auxiliary service members in the performance of their respective functions or as a result of legitimate action or operations of their respective uniformed services; (b) Educational Assistance. - Provision of educational assistance to dependents 21 of uniformed personnel and auxiliary service member concerned under existing scholarship programs and study grants extended by the Department of National Defense (DND), National Police Commission (NAPOLCOM), Department of the Interior and Local Government (DILG), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA) which covers tuition and other school fees, board and lodging expenses, transportation expenses, book allowance, and other similar or analogous expenses; (c) Shelter Assistance. - Provision of a housing unit located in uniformed personnel housing sites, or provision of financial assistance for the construction, repair, rehabilitation or improvement of new or existing housing unit on land owned

1 by the beneficiaries concerned, in coordination with the National Housing Authority 2 (NHA); (d) Health and Medical Care Assistance. - Membership into the Universal Health Care Program as indirect contributor, and provision of medicines and medical 5 assistance for hospitalization under the Medical Assistance to Indigent Patients 6 Program and other relevant programs of the Department of Health (DOH); (e) Social Welfare and Cost of Living Assistance. - Enrolment as members in 8 the Pantawid Pamilyang Pilipino Program of the Department of Social Welfare and 9 Development (DSWD) or, in lieu thereof, provision of a monthly subsidy of forty (40) kilos of rice or its cash equivalent based on the prevailing market price; (f) Employment Assistance. - Provision of such reasonable assistance for employment of qualified beneficiaries to be facilitated by the uniformed services concerned.

Sec. 6. Conditions for Availment of Benefits under the Program. - The grant of

assistance provided under this Act shall be in accordance with the following conditions: (a) The amounts and the applicability for each type of assistance shall be determined on the basis of the severity of the physical or bodily damage and injury sustained by an active officer or member of the AFP and the PNP in a legitimate action or operation; (b) The grant of assistance provided under this Act shall be uniform and equal in each type and application, and shall ensure that the most reasonable and rightful amount for each type assistance is given; (c) Uniformed personnel and auxiliary service members concerned, as well as their qualified beneficiaries, who received assistance provided under this Act may still avail of other forms of assistance provided by other government agencies, subject to the existing laws, rules, and regulations; (d) The Education Assistance provided in Section 4 (b) of this Act shall be prioritized in terms of provision to qualified beneficiaries and share in the allocation in the Trust Fund created under Section 6 of this Act;

(e) The actual amount of assistance provided to uniformed personnel and 2 auxiliary service members concerned and their qualified beneficiaries under this Act may be adjusted or modified by the President of the Philippines: Provided, That any change or adjustment in the amounts for each type of assistance shall reflect changes in pertinent social and economic indicators such as, but not limited to, the inflation rate and consumer price index as determined by the Philippine Statistics Authority 7 (PSA) and other agencies concerned.

Sec. 7. Creation of the Comprehensive Social Benefits Program Trust Fund. -

9 To ensure the immediate and adequate provision of assistance provided for in this Act, there is hereby constituted an irrevocable trust fund in the amount of Twenty Billion Pesos (P20,000,000,000.00), to be known as the Comprehensive Social Benefits Program Trust Fund, or the Fund. The Fund shall be perpetually maintained and shall be used exclusively for the provisions of benefits identified under Section 4 of this Act: Provided, That assistance for uniformed personnel and qualified auxiliary service members who suffered death, injury or total permanent total disability prior to the effectivity of this Act shall be authorized to be sourced from the Fund: Provided, further, That such amount shall be disbursed to intended beneficiaries no later than two (2) years following the effectivity of this Act: Provided, finally, That the releases from the Fund shall be approved by the CSBP Fund Board created under Section 7 of this Act and shall be released directly to the agencies concerned.

Sec. 8. Administration of the Fund. - There is hereby created a CSBP Fund

Board, or the Board, to oversee the utilization of the Fund. The Board shall be composed of sixteen (16) members as follows: (a) President of the Philippines as Chairperson; (b) Secretary of National Defense; (c) Secretary of the Interior and Local Government; (d) Secretary of Budget and Management; (e) Secretary of Social Welfare Development; (f) Secretary of Health; (g) Secretary of Finance; (h) Chairperson of the CHED;

(0) Director-General of the TESDA; (i) General Manager of the NHA; (k) Chief of Staff of the AFP; (l) Chief of the PNP; (m) Chief of the BJMP; (n) Chief of the BFP; (o) Commandant of the PCG; and (P) Director-General of the BUCOR: Provided, That the members of the Board shall be authorized to designate their respective alternatives whose acts shall be considered as acts of their principals. The Board shall formulate policies, implementing rules and regulations, guidelines and other related functions to oversee, manage and supervise the operations of the Fund. The Board may likewise in its discretion choose any or all the types of assistance that may be granted and adjust their corresponding amounts pursuant to Sections 4 and 5 of this Act.

Sec. 9. Implementing Rules and Regulations. - Within thirty (30) days from the

effectivity of this Act, the Board shall promulgate the necessary implementing rules and regulations for the effective implementation of this Act.

Sec. 10. Separability Clause. - If any provision or part of this Act is held invalid

or unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.

Sec. 11. Repealing Clause. - All laws, decrees, orders, regulations, policies or

parts thereof which are contrary to or inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its

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