Administrative Order No. 26




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 26, March 23, 2020 ] AUTHORIZING THE GRANT OF HAZARD PAY TO GOVERNMENT PERSONNEL WHO PHYSICALLY REPORT FOR WORK DURING THE PERIOD OF IMPLEMENTATION OF AN ENHANCED COMMUNITY QUARANTINE RELATIVE TO THE COVID-19 OUTBREAK WHEREAS, Proclamation No. 922 (s. 2020) declared a State of Public Health Emergency in recognition of the COVID-19 public health event as a threat to national security, and to prompt a whole-of-govemment approach in addressing the COVID- 19 outbreak in the country; WHEREAS, upon the recommendation of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases in the Philippines (IATF) established under Executive Order (EO) No. 168 (s. 2014), the President directed the adoption of stringent social distancing and community quarantine measures and guidelines in the National Capital Region (NCR), effective 15 March 2020, to contain the spread of COVID-19; WHEREAS, Proclamation No. 929 (s. 2020) declared a State of Calamity in the entire country for a period of six (6) months, imposed an Enhanced Community Quarantine over the entire Luzon effective 17 March 2020 and expiring on 13 April 2020, and enjoined government agencies and LGUs to render full assistance to and cooperation with each other, and mobilize the necessary resources to undertake critical, urgent and appropriate disaster response aid and measures in a timely manner, in light of the COVID-19 situation; WHEREAS, as part of such social distancing and Enhanced Community Quarantine measures, the Memorandum from the Executive Secretary dated 16 March 2020 directed the adoption of work from home and skeletal workforce arrangements in the Executive Branch to ensure the delivery of services to the public; WHEREAS, government employees and workers engaged through contract of service (COS) or job order (JO), whose services are urgently necessary and who physically report for work during the period of an Enhanced Community Quarantine are inevitably exposed to health risks and hazards; and WHEREAS, Congressional Joint Resolution No. 4 (s. 2009) authorizes the grant of Hazard Pay to government personnel exposed to hazardous situations, such as, but not limited to, disease-infested places, which pose occupational risks or perils to life; NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Grant of the COVID-19 Hazard Pay. National government agencies (NGAs), including state universities and colleges (SUCs) and government- owned or -controlled corporations (GOCCs), are authorized to grant COVID-19 Hazard Pay to personnel who physically report for work during the implementation of an Enhanced Community Quarantine in their respective work stations, in an amount not exceeding F500 per day per person, which shall be computed as follows: COVID-19 Hazard Pay = P500 x number of days physically reporting for work during the quarantine period Personnel who are already entitled to Hazard Pay, Hazardous Duty Pay, Hazard Allowance or other similar benefits under existing laws, issuances, rules and regulations, such as public health workers, public social workers, science and technology personnel and military and uniformed personnel, shall continue to be entitled to such benefits or the COVID-19 Hazard Pay, whichever is higher. Section 2. Conditions on the Grant of the COVID-19 Hazard Pay. The heads of government agencies may grant the COVID-19 Hazard Pay to their personnel without the need for further approval of the Department of Budget and Management (DBM), provided the following conditions are met: a. The personnel are occupying regular, contractual or casual positions, or are engaged through COS, JO or other similar schemes; b. The personnel have been authorized to physically report for work at their respective offices or work stations on the prescribed official working hours by the head of agency or office during the period of implementation of Enhanced Community Quarantine measures in the area of such office or work station; and c. The rate of COVID-19 Hazard Pay shall be based on the number of days an employee physically reports for work using the formula under Section 1 hereof.ℒαwρhi৷ Section 3. Fund Sources of the COVID-19 Hazard Pay for Employees in the Executive Branch. The funds needed for the grant of the COVID-19 Hazard Pay to employees in the Executive Branch shall be charged against the following sources: a. For NGAs and SUCs, the amount required for personnel occupying regular, contractual or casual positions shall be charged against their available released Personnel Services (PS) allotments, while the amount required for COS or JO workers shall be charged against their available released Maintenance and Other Operating Expenses (MOOE) allotments, without need for prior authority from the DBM, provided that all authorized mandatory expenses shall have been paid first. Should an NGA or SUC have insufficient PS or MOOE allotments, as the case may be, to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel; and b. For GOCCs, the amount required shall be charged against their respective approved corporate operating budgets (COBs) for Fiscal Year (FY) 2020. Should a GOCC have insufficient funds to fully cover the COVID-19 Hazard Pay at P500 per day per person, a lower but uniform rate may be granted for all qualified personnel. Section 4. COVID-19 Hazard Pay for Employees in the Legislative and Judicial Branches and Other Offices Vested with Fiscal Autonomy. Employees in the Senate, House of Representatives, the Judiciary, Office of the Ombudsman and other independent constitutional bodies vested with fiscal autonomy, who physically report for work during the quarantine period, and have adopted similar work arrangements as provided in Section 2(b) of this Order, may likewise be granted the COVID-19 Hazard Pay not exceeding F500 per day per person, chargeable against the available released PS allotments of their respective agencies, subject to the other conditions under Section 2 hereof. Should there be insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel. Section 5. COVID-19 Hazard Pay for Employees in LGUs. The grant of the COVID-19 Hazard Pay to employees in LGUs, including those in the barangays, who physically report for work during the quarantine period, and have adopted similar work arrangements as provided in Section 2(b) of this Order, shall be determined by their respective Sanggunians depending on the LGU's financial capability, at rates not exceeding P500 per day per person, subject to: (a) the PS limitation in LGU budgets under Republic Act (RA) No. 7160, and (b) the other conditions under Section 2 hereof, chargeable against the FY 2020 local government funds. Should an LGU have insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel. Section 6. COVID-19 Hazard Pay for Employees in Local Water Districts (LWDs). LWDs which have adopted similar work arrangements as provided in Section 2(b) of this Order may also grant the COVID-19 Hazard Pay to their employees who physically report for work during the quarantine period, at rates to be determined by their respective Boards of Directors (BOD), but not to exceed P500 per day per person, chargeable against their respective BOD-approved COBs, subject to the other conditions under Section 2 hereof. Should an LWD have insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel. Section 7. COVID-19 Hazard Pay for Employees in Agencies Exempted from the Coverage of Republic Act (RA) No. 6758, as amended. NGAs and GOCCs exempted from the coverage of RA No. 6758, as amended, which have aaopted similar work arrangements as provided in Section 2(b) of this Order may also grant the COVID-19 Hazard Pay to their employees who physically report for work during the quarantine period at rates to be determined by their respective governing boards or agency heads, but not to exceed P500 per day per person, subject to the other conditions under Section 2 hereof. Should there be insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel. Section 8. Guidelines on the Grant of the COVID-19 Hazard Pay. As may be necessary, the DBM shall issue supplemental guidelines for the effective implementation of this Order. Section 9. Similar Benefit for Health Workers in the Private Sector. Private hospitals and other health facilities are strongly encouraged to grant a similar benefit to their health workers and staff exposed to the perils of the COVID-19. Section 10. Retroactive Application. The grant of the COVID-19 Hazard Pay shall be effective beginning 17 March 2020. Section 11. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. Section 12. Repeal. All issuances, orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly. Section 13. Effectivity. This Order shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation. DONE in the City of Manila this 23rd day of March in the Year of Our Lord, Two Thousand and Twenty. (SGD.) RODRIGO ROA DUTERTE By the President: (SGD.) SALVADOR C. MEDIALDEA Executive Secretary The Lawphil Project - Arellano Law Foundation