MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ ADMINISTRATIVE ORDER NO. 28, April 06, 2020 ]
AUTHORIZING THE GRANT OF SPECIAL RISK ALLOWANCE TO FRONTLINE PUBLIC HEALTH WORKERS DURING THE PERIOD OF 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 prompted a whole-of-government approach in addressing the COVID-19 outbreak in the country;
WHEREAS, Proclamation No. 929 (s. 2020) declared a State of Calamity throughout the country for a period of six (6) months, imposed an Enhanced Community Quarantine (ECQ) over the entire Luzon effective 17 March 2020, and enjoined government agencies and local government units (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, Republic Act (RA) No. 11469 or the "Bayanihan to Heal as One Act," declared a State of National Emergency over the entire country in view of the continuing rise of confirmed cases of COVID-19, the serious threat to the health, safety, security and lives of our countrymen, and the severe disruption of economic activities;
WHEREAS, Section 4(d) of RA No. 11469 vested the President, as a temporary emergency measure, the authority to provide COVID-19 Special Risk Allowance {SRA) to all public health workers, in addition to the hazard pay granted under RA No. 7305 or the "Magna Carta of Public Health Workers"; and
WHEREAS, there is a need to recognize the heroic and invaluable contributions of our public health workers throughout the country, who bravely and unselfishly risk their lives and health by being at the forefront of the national effort to address the public health emergency;
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 COVID-19 Special Risk Allowance (SRA). National government agencies (NGAs), government-owned or -controlled corporations (GOCCs) and LGUs are authorized to grant a one-time COVID-19 SRA, equivalent to a maximum of 25% of monthly basic salary/pay, to Public Health Workers (PHWs) who have great exposure to health risks and physical hardships in the line of duty, in light of the COVID-19 pandemic.
For purposes of this Order, "PHWs" shall refer to medical, allied medical, and other necessary personnel assigned in hospitals and healthcare facilities and who are directly catering to or in contact with COVID-19 patients, persons under investigation or persons under monitoring.
Section 2. Conditions on the Grant of the COVID-19 SRA. The one-time COVID- 19 SRA shall be granted subject to the following conditions:
a. The PHWs provide critical and urgent services to respond to the public health emergency during the implementation of the ECQ;
b. The PHWs are either: (i) civilian employees occupying regular, contractual, casual or part-time positions; or (ii) workers engaged through contract of service (COS) or job order (JO), including Barangay Health Workers (BHWs) regardless of the nature of engagement, provided that the said COS/JO workers and BHWs are assigned to hospitals and other healthcare facilities;
c. The PHWs physically report for work at their assigned work stations on the prescribed official working hours, as authorized by the head of agency/office during the period of the implementation of ECQ; and
d. The grant of the COVID-19 SRA shall be pro-rated based on the number of days that PHWs physically report for work during the period of the ECQ in their respective places of assignment, reckoned not earlier than 17 March 2020, as follows:
No. of Days Physically Reporting for Work |
Percentage of the Incentive |
3 to 7 |
0.25 |
8 to 12 |
0.5 |
13 to 17 |
0.75 |
18 or more |
1 |
Section 3. Exclusion from the Grant of the COVID-19 SRA. Those engaged without employer-employee relationship and funded from non-Personnel Services (PS) appropriations/budgets, except as authorized under Section 2 of this Order, are excluded from the grant of the SRA, such as, but not limited to, the following:
a. Consultants and experts engaged for a limited period to perform specific activities or services with expected outputs;
b. Laborers engaged through job contracts (pakyaw) and those paid on piecework basis;
c. Student workers and apprentices; and
d. All individuals and group of individuals whose services are engaged through COS or JO, including BHWs, who are not assigned in hospitals and healthcare facilities.
Section 4. COVID-19 SRA for PHWs of NGAs and GOCCs. The amount required for personnel occupying regular, contractual, casual or part-time positions in NGAs shall be charged against their available released PS allotments, while the amount required for COS/JO workers shall be charged against their available released Maintenance and Other Operating Expenses (MOOE) allotments, without need for prior authority from the Department of Budget and Management (DBM), provided that all authorized mandatory expenses shall have been paid first.
In case of insufficient PS or MOOE allotments, the agencies concerned shall submit to the DBM a Special Budget Request duly supported by a list of entitled personnel with the corresponding amounts required. The DBM shall release funds chargeable against the available appropriations that may be identified pursuant to the pertinent provisions of RA No. 11469, without need of further approval from the Office of the President.
For GOCCs, the amount required shall be charged against their respective approved corporate operating budgets for FY 2020. A GOCC which does not have sufficient funds to fully cover the amount authorized herein may grant the same at a lower but uniform rate for all qualified personnel.
Section 5. COVID-19 SRA for PHWs in the LGUs. The grant of the SRA to PHWs in the LGUs, including BHWs, shall be determined by their respective sanggunians depending on the LGU's financial capability, at rates not exceeding the amounts authorized herein, subject to: (a) the PS limitations under RA No. 7160 or the "Local Government Code of 1991," in the case of employees of the LGU; (b) available MOOE allotments in the case of COS/JO workers and BHWs; and (c) conditions set in this Order, chargeable against the FY 2020 funds of the LGU. Should there be insufficient funds to fully cover the COVID-19 SRA, a lower but uniform rate may be granted for all qualified personnel.
Section 6. Guidelines on the Grant of the COVID-19 SRA. As may be necessary, the DBM shall issue supplemental guidelines for the effective implementation of this Order.
Section 7. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 8. 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 9. Effectivity. This Order shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.ℒαwρhi৷
DONE in the City of Manila this 6th day of April 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