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Proposed SSL IV - Salary Standardization Law of 2015 or

the "SSL of 2015 and its Possible Effects on RA 7305


Magna Carta of Public Health Workers
By: Mr. Jossel I. Ebesate, N-VI, UP-PGH

Salient provisions of HB 6268 that may Affect RA 7305


(Approved on third reading by the House of
Representatives on December 9, 2015)
SEC. 8. Compensation System. A Compensation System shall be
administered to determine the rates of pay for employees based on the
position classification. The Compensation System shall consist of:
(a) the salary schedule;
(b) set of allowances, benefits and incentives; and
(c) policies, rules and regulations on the administration of the salary
schedule and grant of allowances, benefits and incentives.
(1) Total Compensation Framework The total compensation to be given
to all civilian government personnel for services rendered shall be limited
to the following:
(i) Basic salaries, including step increments;
(ii) Standard allowances and benefits;
(iii) Specific-purpose allowances and benefits; and
(iv) Incentives and performance-based pay.
Provided, That the Total Compensation Framework shall exclude all
indirect compensation under existing laws such as, but not limited to: life
and retirement insurance benefits; employee compensation insurance;
health insurance; Pag-ibig Fund benefits; and Provident Fund benefits.
(vi) Other existing authorized benefits to be categorized by the DBM
incentives.

as

(8) Special Allowances XXX


(9) Magna Carta Benefits These are the benefits authorized for
specific officials and employees under Magna Carta laws that may
be
categorized in the Total Compensation Framework in
accordance with the guidelines, rules and regulations to be
issued by the DBM.

The DBM, in coordination with the agencies concerned, shall


determine the qualifications, conditions and rates in the grant of
said benefits.
Accordingly, the consultative councils,
departments and officials previously authorized to issue the
implementing rules and regulations of Magna Carta benefits shall
no longer exercise said function relative to the grant of such
benefits.
SEC 20 Repealing Clause. All laws, decrees, orders, rules or
regulations or parts thereof inconsistent with the provisions of this Act are
26 hereby repealed, amended, or modified accordingly.
All other laws inconsistent with this Act such as, but not limited to,
Presidential Decree No. 1638, Republic Acts Numbered 4670, 6686, 7160,
29 7305, 8439, 8441, 8551,9173, and 9433 are hereby amended.

Salient provisions of SB 2671 that may Affect RA 7305


(Approved on third reading by the Senate on January 18,
2016)
SEC. 8. Compensation System A Compensation System shall be
administered to determine the rates of pay for employees based on the
position classification. The Compensation System shall consist of:
(i) the salary schedule;
(ii) set of allowances, benefits and incentives;
(iii) 15 policies, rules and regulations on the administration of the salary
schedule and grant of allowances, benefits and incentives.
(a) Total Compensation Framework The total compensation to be given
to all civilian government personnel for services rendered shall be limited
to the following:
(1)
(2)
(3)
(4)

Basic Salaries, including Step Increments;


Standard Allowances and Benefits;
Specific-Purpose Allowances and Benefits; and
Incentives and performance-based pay.

Provided, that the Total Compensation Framework shall exclude all indirect
compensation under existing laws such as, but not limited to life and
retirement insurance benefits; employee compensation insurance; health
insurance; Fag-IBIG Fund benefits; and provident fund benefits.
(6) Other existing authorized benefits to be categorized by the DBM as
incentives.

(h) Special allowances. XXX


(i) Magna Carta benefits. These are the benefits authorized for
specific officials and employees under Magna Carta laws that may
be categorized in the Total Compensation Framework in
accordance with the guidelines, rules and regulations to be
issued by the DBM.
The DBM, in coordination with the agencies concerned, shall
determine the qualifications, conditions and rates in the grant of
said
benefits.
Accordingly,
the
consultative
councils,
departments and officials previously authorized to issue the
implementing rules and regulations of Magna Carta benefits shall
no longer exercise said function relative to the grant of such
benefits.
SEC. 20. Repealing Clause. - All laws, decrees, orders, rules or
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.
All other laws inconsistent with this Act, such as, but not limited to, RD.
No. 1638, Republic Act Nos. 4670, 6686, 7160, 7305, 8439, 8441, 8551,
9173, and 9433 are hereby amended.
SEC. 21. Implementing Guidelines. - The DBM shall issue the
guidelines necessary to implement specific provisions of this Act.

Salient Provision of Joint Resolution No. 4 (SSL-III) on


Magna Carta (signed into law on June 17, 2009)
(6) Magna Carta Benefits Within ninety (90) days from the effectivity
of this Joint Resolution, the DBM is hereby authorized to issue the
necessary guidelines, rules and regulations on the grant of Magna Carta
benefits authorized for specific officials and employees in the government
to determine those that may be categorized in the Total Compensation
Framework.
Nothing in this Joint Resolution shall be interpreted be reduce,
diminish or, in any way, alter the benefits provided for in existing
laws on Magna Carta benefits for specific officials and employees
in government, regardless of whether said benefits have been
already received or have yet to be implemented.

The DBM, in coordination with the agencies concerned, shall determine


the qualifications, conditions and rates in the grant of said benefits.
Accordingly, the consultative councils, departments and officials
previously authorized to issue the implementing rules and regulations of
Magna Carta benefits shall no longer exercise said function relative to the
grant of such benefits.

Comment
The second paragraph, number (6) of JR #4 (SSL III) s. 2009
prohibits the DBM from tinkering with RA 7305 (Magna Carta)
benefits, although they have attempted to revise its
implementation through DBM-DOH Joint Circular No. 1 S. 2012 but
eventually disallowed/prohibited by the Supreme Court, in a case
filed by PPHA.
Said provision that protects the Magna Carta was conspicuously
deleted/removed from both versions (Senate and HOR) in the
proposed SSL IV, thereby giving much powers and latitude to the
DBM to completely overhaul or removed some or all benefits
under the Magna Carta for several government employees
groups such as health workers, S&T personnel, teachers and
social workers under the guise of rationalizing and standardizing
the Total Compensation Framework.
While it is true that there would no diminution on salaries and
benefits of the affected employees groups; it is only true on
incumbents or current holders of the affected positions who will
received so called transition allowance while in the service,
that is provided in all SSL enactment. But once the position have
been vacated through promotion, retirement, resignation, etc,
the new appointee to the position will suffer the resulting
elimination or decrease in benefits as a result of the DBMs
action. This is also the case in all other benefits provided under
other special laws that maybe decreased or eliminated, if deemed
inconsistent with the DBMs definition of Total Compensation
Package, as provided by the amendatory and repealing clauses of
the proposed SSL IV.
For PGH and UP Manila personnel, it involved the following
implemented benefits and current equivalent amounts per month,
across all positions levels:
1.
2.
3.
4.
5.
6.

Hazard Pay
- P2,472.00
Subsistence Allowance
- P1,500.00
Laundry Allowance
- P150.00
Night Shift Differential
- 10% of basic salary/day
1-Step Increment Salary Increase for Graduate Degree
1-Salary Grade Increase 3-months prior to Mandatory
Retirement

Not implemented benefits in PGH/UP Manila but maybe included


for reduction or elimination by the DBM under SSL IV:

1. Additional Compensation for Services Beyond Normal Work


Hours and on Non-Working Days (additional 25% to 30% of
Basic Salary Overtime Pay)
2. Honorarium per Medico-Legal Service
3. 5% Longevity Pay Every 5-Years in Service
4. 50% of Basic Salary per day of On-Call duty
5. Housing Allowance (Free Quarters or Quarters Allowance)
6. Free
Health Benefits (Annual Physical Examination,
Hospitalization, Drugs and Professional Fees)