Magna Carta for Public Disaster Risk Reduction and Management Workers

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session JUL 15 P2:09 SENATE S. No. _ RECEIV DS Introduced by SENATOR MARK A. VILLAR AN ACT PROVIDING FOR THE MAGNA CARTA FOR PUBLIC DISASTER RISK REDUCTION AND MANAGEMENT WORKERS EXPLANATORY NOTE The 1987 Constitution declares that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy and that it is the duty of the State to protect the rights of workers and promote their welfare.? Republic Act No. 10121 or the "Philippine Disaster Risk Reduction and Management Act of 2010" established the Provincial, City, and Municipal Disaster Risk Reduction and Management (DRRM) Offices to implement the government's disaster response programs. Notably, the Philippines topped the World Risk Index 2024 rankings, making it the most at-risk country to natural and climatic threats. In November 2024 alone, an unprecedented six (6) typhoons impacted over 13 million lives and resulted in an estimated economic loss of Twenty-two billion pesos (Php22,000,000,000.00). At the forefront of all of these calamities are Public Disaster Risk Reduction and Management Workers (PDRRMWs), whose duties entail subjecting themselves to life- threatening conditions. This is exemplified by the tragic loss of the "Five Fallen Bulacan Rescuers" who heroically sacrificed their lives during the onslaught of Typhoon Karding in October 2022. 1 Const. art. II, sec. 4. 2 CoNsT. art. II, sec. 18.

Despite this, Republic Act No. 10121 falls short of guaranteeing the welfare of PDRRMWS. They receive compensation that does not reflect the hazardous and significant nature of their work and experience lack job security, which impacts their morale, effectiveness, and professional stature. Thus, this bill seeks to establish a Magna Carta for PDRRMWS that institutionalizes the granting of their benefits, guarantees their welfare and protection, enhances their capabilities, and professionalizes their work, all of which ultimately leads to the improvement of the country's DRRM. Particularly, the bill provides for labor standards for Public DRRM Workers, such as security of tenure, protection from discrimination, formalized working conditions, and rights to organization. Public DRRM Workers will be entitled to compensation and allowances, including hazard, subsistence, and housing allowances, reflecting the life- threatening nature of their jobs. To safeguard their health and safety, protections including medical, mental, and psychosocial exams, personal protective equipment, vaccinations, and mandatory insurance coverage will be provided. Finally, a framework for the professional development of DRRM Workers shall be established through the preparation of a career and personnel development plan and scholarship grants for graduate and post-graduate studies. In view hereof, the immediate passage of this bill is earnestly sought. MARK A. VILLAR

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES JUL 15 P2:09 First Regular Session ) RECEIVED 31: SENATE S. No. - Introduced by Senator MARK A. VILLAR 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 Workers.

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

(a) Uphold the people's constitutional rights to life and property by 5 addressing the root causes of vulnerabilities to disasters, strengthening the country's institutional capacity for disaster risk reduction and management (DRRM), and building the resilience of local communities to disasters, including climate change impacts; (b) Recognize and strengthen the capacities of local government units 9 (LGUs) and communities in mitigating, preparing for, responding to, and recovering 10 from the impact of hazards and disasters; and (c) Enhance the implementation of Republic Act No. 10121 or the "Philippine 12 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 16 Public DRRM Workers, through the improvement of working conditions, environment 17 and terms of employment;

(b) Promote the development of skills and capabilities of Public DRRM 2 Workers for them to be more responsive and be better equipped for the delivery of 3 DRRM services and programs; and (c) Encourage those with proper qualifications and excellent abilities to join 5 and remain in the government service and DRRM profession.

Sec. 3. Public Disaster Risk Reduction and Management Workers. - For

7 purposes of this Act, "Public Disaster Risk Reduction and Management (PDRRM) 8 Workers" refer to all persons who are engaged in the performance of duties covering 9 any or all of the Thematic Pillars of DRRM: Prevention and Mitigation, Preparedness 10 Response, and Rehabilitation and Recovery, employed by the government or any of 11 its political subdivisions, instrumentalities, or agencies. A Public DRRM Worker may 12 either be civilian personnel engaged in a permanent, temporary, contractual, or casual 13 employment or a Public DRRM Worker engaged through a Contract of Service (COS) 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 functions provided under Section 5 of this Act.

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

18 Council (NDRRMC) shall be the certifying body to oversee the following: (a) That the DRRM functions or activities of an agency or LGU are authorized 20 by law and/or proper authority; (b) The positions are part of the authorized staffing of the organizational 22 units performing the DRRM functions; and (c) 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 32 Worker to occupational risks or perils to life, such as but not limited to, search, rescue,

1 and retrieval operations, management of the dead and missing, rapid damage needs 2 assessment, post-disaster needs assessment, emergency response activities, post- 3 disaster activities, health and epidemic/pandemic response operations, and Low Risk 4 DRRM Activities in high-risk areas such as those Public DRRM workers deployed in 5 identified activities under the different Thematic Pillars and in critical areas that are 6 about to be affected, is affected, and during the early recovery from natural or human- 7 induced hazards. Such activities shall also cover those that are to be performed in 8 high-risk areas. Low Risk DRRM Activities shall be considered as High Risk DRRM 9 Activities when the same is being conducted in an affected area or in areas deemed 10 high risk; Provided, That the determination of such classification shall be under the 11 discretion of the respective heads of agencies concerned.

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

13 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 (CSC) and implemented by the respective agencies concerned: Provided, That in the absence of eligible candidates 17 and when it becomes necessary in the public interest to fill a vacancy, a temporary 18 appointment shall be issued to the person, including persons with disability (PWD), 19 who meets all the requirements for the position to which he or she is being appointed, 20 except the appropriate civil service eligibility: Provided, further, That such temporary appointments shall not exceed twelve (12) months nor be less than three (3) months, renewable only once thereafter: Provided, finally, That the appointee may be replaced sooner if: (a) a qualified civil service eligible becomes available, or (b) the appointee is found wanting incapacity or delivering poor performance or conduct unbefitting a government employee.

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

27 but shall otherwise be subject to the Guidelines on Accredited Community Disaster 28 Volunteers (ACDV) under Section 9(o) of Republic Act No. 10121 and rules and 29 regulations issued by the NDRRMC. For those not covered by the Guidelines on ACDV, their respective organizations shall provide ample protection to their respective 31 personnel-volunteers, in consonance with the provisions of this Act.

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

2 Workers engaged by the government, such as JO, COS personnel, and consultants, 3 may be provided with such welfare benefits under Sections 24 (a) and (b) and Section 4 27 of this Act in relation to the performance of their duties as premiums thereof should 5 their contracts require or allow them to provide services that are deemed high risk in 6 nature: Provided, That to avail such benefits, Non-permanent Public DRRM Worker 7 shall secure a certification from the head of agency or its duly designated 8 representative that he or she has performed either of the DRRM functions or activities 9 as provided for under Section 5 of this Act.

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

11 in consultation under Section 35 of this Act, shall prepare a uniform career and 12 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 17 employee shall be informed regularly by his or her supervisor of his or her performance 18 evaluation. The merit promotion plan shall be in consonance with the rules of the CSC.

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

20 Transfer is the movement of an employee from one organizational unit to another in 21 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. Reassignment is the 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 reassignment 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 29 shall be informed of the reasons therefore in writing. If the Public DRRM Worker believes that there is no justification for the transfer and/or re-assignment, he or she may appeal his or her case to the CSC. In case of an appeal, the transfer and/or 32 reassignment shall be held in abeyance and shall only take effect if the appeal is

1 denied: Provided, That no transfer and/or re-assignment shall be made for reasons 2 merely of political affiliation; Provided further, That no transfer and/or reassignment 3 whatsoever shall be made three (3) months before and three (3) months after any 4 local or national elections: Provided, further, That the transfer and/or reassignment of 5 the Public DRRM Workers' nature of work shall remain to be DRRM in nature; Provided, 6 finally, That the necessary expenses of the transfer and/or reassignment of the Public 7 DRRM Worker and his or her immediate family shall be paid for by the government.

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

9 authorities shall take steps to enable married couples, both of whom are Public DRRM 10 Workers, to be employed or assigned in the same LGU or government agency, but not 11 necessarily in the same office department or division.

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

13 DRRM Workers, their services shall not be terminated except for cause provided by 14 law and after due process: Provided, That if a Public DRRM Worker is found by the 15 CSC to be unjustly dismissed from work, he or she shall be entitled to reinstatement 16 without loss of seniority rights and to his or her back wages with applicable 17 commensurate interest, subject to prevailing laws and policies computed from the 18 time his or her compensation was withheld from his or her up to the time of 19 reinstatement.

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

protected from discrimination based on sex, age, gender, sexual orientation, race, 22 ethnicity, pregnancy, physical disability or characteristics, civil status, creed, religious and political beliefs, or any other status in the exercise of his or her profession: Provided, That the disability of the Public DRRM Worker shall not limit his or her effective performance of the DRRM work which he or she is hired and/or appointed 26 to.

Sec. 14. Duties and Obligations of Public DRRM Workers. - A Public DRRM

Worker shall: (a) Perform his or her duty with utmost respect for life; (b) Exercise his or her functions without consideration as to race, sex, ethnicity, gender, sexual orientation, religion, nationality, party policies, and social status;

(c) Discharge his or 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 or she shall first ensure their safety and well-being; (e) Be properly trained and proficient in his or 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 or her capacity in performing his functions as a Public DRRM Worker; (h) Be familiar with the DRRM Plan, Contingency Plans, and Public Service Continuity Plan of the agency or LGU to which they are employed or engaged and contribute to their Occupational Safety and Health efforts; (i) Conduct needs assessment as part of risk reduction and planning; (i) Not consume liquor or any substances, legal or illegal, prior to or while in the course of the performance of their duties that could impair his or her vigilance or judgment; (k) Maintain an in-depth understanding of 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

Act, the NDRRMC, upon consultation with the appropriate agencies and instrumentalities of the government, and appropriate DRRM worker's organizations, 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

2 Worker shall be heard by a Committee created by the agency or office where the 3 Public DRRM Worker belongs pursuant to existing rules on administrative cases in the 4 civil service. The Committee shall submit its findings and recommendations to the 5 head of agency or office within thirty (30) days from the termination of the hearings. The Committee shall be appointed by the Head of Agency or LGU and shall be 7 composed of seven (7) members, including the Chairperson. It shall be composed of 8 the following: (a) Second highest ranking official for national government agencies, or Vice-Mayor for LGUs, or Vice-Governor for provincial level, as its Chairperson; (b) The Head of Human Resources as its Vice-Chairperson; (c) One (1) Division Chief with a salary grade of not lower than twenty-two (22); (d) Two (2) Section Chiefs or employees with a salary grade of not lower than eighteen (18); (e) One (1) representative from a recognized Public DRRM Workers' 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 eighteen (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, unavailability, or absence of the position, rank, or office in the agency. In such case, 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

liability in relation to any damage or injury to persons or property caused in the performance of their duties where the same is necessary in order to save lives or

1 properties in accordance with Article 11, paragraph 5 of Act No. 3815 or "The Revised Penal Code" and/or other applicable laws and issuances. In any case, however, the 3 Public DRRM Worker shall be afforded appropriate assistance by their respective 4 agency or LGU with a view to resolving any conflict amicably or extrajudicially through commensurate and peaceful means. In cases where injury or death is involved and a 6 case has been filed against the Public DRRM Worker, he or she shall be afforded with 7 all possible legal assistance by the agency or LGU concerned: Provided, That the Public 8 DRRM Worker duly attests through a sworn statement that the injury or death caused 9 is in direct connection of his or her duty, without any criminal or malicious intent.

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

11 proceeding, Public DRRM Workers shall have the following rights: (a) To be informed in writing of the nature and cause of the accusation 13 against them; (b) To be defended by counsel or representative of his or her choice; (d) To confront witnesses presented against him or her; (e) to appeal to designated authorities; (f) to reimbursement of reasonable expenses incurred in his or her defense 18 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 Public DRRM

22 Workers shall not exceed eight (8) hours per day or forty (40) hours per week. Hours 23 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 during which a Public DRRM Worker is not on active duty but is called upon to respond to urgent or immediate need for response-related activities relative to emergencies such that he or she cannot devote the time for his or her own use, otherwise referred to as "On call" status; Provided, That a Public DRRM Worker particularly placed in On Call status shall be entitled to an On Call" pay equivalent to fifty percent (50%) of his or 30 her regular wage; Provided, further, That no Public DRRM Worker shall be placed "On- 31 Call" status beyond seven (7) days per month.

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

2 Public DRRM Worker may be required to render service beyond the normal hours of 3 work. In such a case, the workers shall be paid an additional compensation in 4 accordance with applicable laws, rules, and regulations: Provided, That such 5 compensation shall be subject to the same rates, conditions, and limitations applicable 6 to qualified government personnel provided under relevant issuances of the CSC 7 and/or the Department of Budget and Management (DBM).

Sec. 21. Work During Rest Day. — (a) Where a Public DRRM Worker is made to

9 work on his or her scheduled rest day, he or she shall be paid additional compensation 10 in accordance with applicable laws, rules, and regulations. (b) Where a Public DRRM Worker is made to work on any special holiday, he 12 or she shall be paid additional compensation in accordance with applicable laws, rules, 13 and regulations. Where such holiday work falls on the Public DRRM Worker's scheduled 14 rest day, he or she shall be entitled to additional compensation in accordance with applicable laws, rules, and regulations.

Sec. 22. Night Shift Differential. - Every Public DRRM Worker shall be paid a

17 night shift differential in accordance with applicable laws, rules, and regulations for 18 each hour of work performed between ten (10) o'clock in the evening to six (6) o'clock 19 in the morning.

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

21 Workers, the applicable law, rules, and regulations on the salary scheme of government employees shall govern. (b) The salary scales of Public DRRM Workers whose salaries are appropriated by an LGU shall be based on the salary schedule being implemented by the LGU concerned. (c) Salaries of Public DRRM Workers shall be paid in legal tender of the Philippines or the equivalent in checks or treasury warrants: Provided, 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. (d) No person shall make any deduction whatsoever from the salaries of Public DRRM Workers, except as otherwise allowed by applicable laws, rules, and

1 regulations: Provided, That upon written authority executed by the Public DRRM 2 Worker concerned, (i) lawful dues or fees owing to any organization or association 3 where such Public DRRM Worker is an officer or member and/or (ii) premiums properly 4 due all insurance policies, retirement, and medicare shall be considered deductible.

Sec. 24. Allowances. - Notwithstanding Section 12 of Republic Act No. 6758 or

6 the "Compensation and Position Classification Act of 1989" , Public DRRM Workers shall 7 receive the following allowances: (a) Hazard Allowance - As provided under Section 5 of this Act, Public DRRM 9 Workers, who are exposed to high risks or perils to life in the performance of their 10 duties and responsibilities, shall be compensated with hazard allowance equivalent to not exceeding twenty-five (25%) of their daily basic salary, and at least five percent 12 (5%) for Public DRRM Workers exposed in Low Risk DRRM Activities when 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 equivalent to that of High Risk DRRM Workers if they are called to perform or are deployed for a limited period to High Risk DRRM Activities, subject to appropriate computation of days rendered; Provided, further, That 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; (b) Subsistence Allowance - Public DRRM Workers who are required to render service in the field during emergencies and disasters in order to make their 22 services available at any and all times shall be entitled to full subsistence allowance of 23 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 or LGU has already prescribed meals for the Public DRRM Worker; (c) Transportation and Communication Allowance - 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 Executive Order No. 77, Series of 2019 or other existing budgeting, accounting and auditing guidelines as well as reimbursement of allowable 31 communication expenses.

(d) Longevity Pay - A monthly longevity pay equivalent to five percent (5%) 2 of the monthly basic pay shall be paid to a Public DRRM Worker for every five (5) 3 years of continuous, efficient, and meritorious services rendered, as certified by the 4 Chief of Office concerned, commencing from the Public DRRM Worker's service upon 5 the effectivity of this Act; Provided, That those entitled to longevity pay can no longer 6 avail of the step increment benefit due to length of service; (e) Laundry Allowance - All Public DRRM Workers who are required to wear 8 uniforms regularly shall be entitled to laundry allowance equivalent to One hundred 9 fifty pesos (P150.00) per month: Provided, That this rate shall be reviewed periodically 10 and increased accordingly by the NDRRMC, in consultation with the appropriate 11 government agencies concerned taking into account applicable laws, rules, and 12 regulations; and (f) Housing Allowance - All Public DRRM Workers who are on tour of duty and those 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 housing allowance as may be determined by their respective agencies; Provided, That a qualified Public DRRM Worker who has no residence within a fifty (50)-kilometer radius from such government facility or 19 deployment area shall be granted housing allowance at the local room rental rate in the area until free living quarters are available.

Sec. 25. 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 annually during the tenure of employment of all Public DRRM Workers and every after deployment of Public DRRM Workers for more than three (3) 26 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 31 private hospital by the government entity paying the salary of the Public DRRM 32 Worker: Provided, further, That the cost of such medical examination and treatment

1 shall be determined by the respective agency to whom the Public DRRM Worker is 2 engaged with and such amount be subject to process of the agency. In cases of extreme exposure to a traumatic experience in the course of rendering DRRM work, the agency shall, aside from those that are provided for above, provide necessary support for the rehabilitation of the Public DRRM Worker. A post- 6 medical examination shall be provided for the Public DRRM Worker prior to their exit 7 from the service.

Sec. 26. Personal Protective Equipment, Vaccination, and other Prophylaxes. -

9 Public DRRM Workers shall be provided with appropriate personal protective 10 equipment, free vaccinations, and other prophylactic medicines against common and 11 present diseases in the locality where the Public DRRM Worker is assigned. The 12 immediate family of Public DRRM Workers deployed in high-risk areas who are 13 exposed to any highly contagious disease or illness shall also be entitled to vaccinations or any available immediate medical intervention.

Sec. 27. Compensation for Work-Related Injuries and Sicknesses. - Public

DRRM Workers shall be compensated for losses resulting from employment injuries or sickness in accordance with applicable laws, rules, and regulations. Injuries or sicknesses incurred in the line of duty shall be presumed to be work-related.

Sec. 28. Leave Benefits for Public DRRM Workers. - Public DRRM Workers are

entitled to such leaves as may be provided by applicable laws, rules, and regulations: Provided, 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 or damage sustained in the performance of official duties, subject to the provisions of applicable rules and regulations of the CSC and/or the DBM.

Sec. 29. 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 opportunities to avail of scholarship benefits and grants to pursue graduate and post-graduate studies in accordance with the existing laws, rules, and regulations to be implemented by the concerned agencies or LGUs. 31 Grantees of the program may study within the Philippines or abroad: Provided, That 32 the concerned agency or LGU shall provide strict measures to ensure continuity and

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

Sec. 30. Mandatory Insurance Coverage. - Public DRRM Workers shall be

4 entitled to mandatory insurance coverage as provided by applicable laws, rules, and 5 regulations, such as Republic Act No. 8282 or the "Social Security Law", as amended, 6 Republic Act No. 8291 or "The Government Service Insurance System Act of 1997", 7 Republic Act No. 11223 or the "Universal Health Care Act", and Republic Act No. 7875 8 or the "National Health Insurance Act of 1995", as amended, whichever is applicable. 9 Further, Public DRRM Workers holding permanent positions and assigned to field work 10 shall also be entitled to personal accident, death, dismemberment, permanent 11 disability, and hospitalization insurance with a coverage amounting to at least Three 12 hundred thousand pesos (P300,000.00).

Sec. 31. Retirement Benefits for Public DRRM Workers. - In recognition of the

14 invaluable service rendered by Public DRRM Workers throughout their careers, the following retirement benefits shall be provided: (a) Public DRRM Workers who have rendered at least fifteen (15) years of 17 continuous service in the government, or have reached the age of 60, whichever comes first, shall be eligible for retirement benefits or pension programs under 19 applicable laws, rules, and regulations; (b) In addition to the standard retirement benefits, Public DRRM Workers 21 will be entitled to an enhanced pension upon retirement based on their years of service and level of exposure to high-risk DRRM activities as determined by their agency or 23 LGU. The enhanced pension will be equivalent to a minimum of five percent (5%) of the worker's average monthly salary for each year of high-risk duty performed; (c) Public DRRM Workers who are retiring will be provided with transition assistance to help reintegrate into civilian life, including financial literacy programs, career counseling, job placement assistance, and access to mental health support to cope with the transition; and (d) In the event of the death of a Public DRRM Worker in service, the worker's dependents will be entitled to a survivor's pension and additional death benefits as provided under the applicable laws, rules, and regulations. The survivor's

1 pension will be equal to a percentage of the worker's final salary and will be provided 2 to the worker's spouse, children, or other legal dependents.

Sec. 32. Creation of a Trust Fund for the Education of Dependents of Deceased

4 DRRM Workers. - There is hereby established a Public DRRM Workers' Education Trust 5 Fund, which shall be used exclusively to provide educational assistance to the children 6 and dependents of Public DRRM Workers who die in the line of service. The fund will 7 be seeded through an initial appropriation from the national budget in the General 8 Appropriations Act (GAA), as well as annual contributions from the Local DRRM Funds 9 of the concerned agencies and LGUs. In addition, donations, grants, or other sources 10 of funds may be accepted into the Trust Fund. The children or legal dependents of Public DRRM Workers who die in the line 12 of duty are eligible for educational assistance. This benefit will cover primary, 13 secondary, and tertiary education for a period of up to four (4) years of undergraduate studies in accredited institutions. The NDRRMC, in coordination with the Department of Education and Commission on Higher Education, will administer the distribution of funds, ensuring 17 that the educational assistance is used solely for its intended purpose. An Advisory 18 Board, comprising of representatives from the NDRRMC, the Department of Social 19 Welfare and Development, and the families of deceased DRRM workers will be 20 established to oversee the Fund's activities and ensure the efficient use of resources.

Sec. 33. Right to Self-Organization. - Public DRRM Workers shall have the right

22 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. 34. 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 with regard to hiring or tenure of employment or any 2 item or condition of employment in order to encourage or discourage membership in 3 any DRRM Workers' organization, association, or union; (c) To prevent a Public DRRM Worker from carrying out duties laid upon him 5 or her by his or her position in the organization, association, or union, or to penalize 6 him or her for the action undertaken in such capacity; (d) To harass or interfere with the discharge of the functions of the Public 8 DRRM Worker when these are calculated to intimidate or to prevent the performance 9 of his or her duties and responsibilities; and (e) To otherwise interfere in the establishment, functioning, or 11 administration of DRRM Workers' organizations or unions through acts designed to 12 place such organization or union under the control of government authority.

Sec. 35. 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 16 government agencies concerned shall be consulted by the NDRRMC. For this purpose, Management-DRRM Workers' Consultative Councils for national, regional, and other 18 appropriate levels shall be established and operationalized.

Sec. 36. Human Resource Development and Management Study. - The Human

20 Resource Department/Division of respective concerned agencies shall conduct a 21 periodic human resource development and management study into, among others, 22 the following areas: (a) Adequacy of facilities and supplies to render quality DRRM services to the 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 31 educational opportunities for personal growth and development;

(f) Upgrading of working conditions, reclassification of positions and salaries 2 of Public DRRM Workers to correct disparity vis-à-vis other professions, such that 3 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. 37. Implementing Rules and Regulations. - The NDRRMC after

consultation with appropriate agencies of the government as well as professional and DRRM Workers' organizations or associations, shall formulate and prepare the 10 necessary rules and regulations to implement the provisions of this Act. Moreover, the 11 DBM, in coordination with the NDRRMC, shall issue guidelines on the grant of 12 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. 38. Prohibition Against Double Recovery of Benefits. - Whenever other

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 or 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. 39. Prohibition Against Elimination and/or Diminution of Benefits. -

21 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. 40. Appropriations. - The amount needed for the implementation of this

24 Act shall be determined by the concerned agencies and be included in the GAA of the year following its enactment under the budgetary appropriations of concerned agencies or chargeable against local funds of LGUs subject to Personal Service Limitations pursuant to Section 325 of Republic Act No. 7160 or the "Local Government 28 Code of 1991" where applicable. However, such special benefits, including injury and 29 burial benefits as well as hazard pay may be sourced from the Local DRRM Fund of 30 the agencies or LGUs.

Sec. 41. Penal Provision. - Any person who shall willfully interfere with, restrain

32 or coerce any Public DRRM Worker in the exercise of his or her rights or shall in any

1 manner commit any act in violation of any of the provisions of this Act, upon 2 conviction, shall be punished by a fine of not less than Ten thousand pesos 3 (P10,000.00) or imprisonment of not more than one (1) year or both, at the discretion 4 of the court. If the offender is a public official, the court, in addition to the penalties 5 provided in the preceding paragraph, may impose the additional penalty of 6 disqualification from public office.

Sec. 42. Separability Clause. - If for any reason, any provision of this Act is

8 declared unconstitutional or invalid, such parts not affected thereby shall remain in 9 full force and effect.

Sec. 43. 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. 44. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any newspaper of general circulation. Approved,