AN ACT GRANTING MANDATORY CONTINUING BENEFITS AND ALLOWANCES TO PUBLIC AND PRIVATE HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC AND OTHER FUTURE PUBLIC HEALTH EMERGENCIES, AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11712, April 27, 2022 ]

AN ACT GRANTING MANDATORY CONTINUING BENEFITS AND ALLOWANCES TO PUBLIC AND PRIVATE HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC AND OTHER FUTURE PUBLIC HEALTH EMERGENCIES, AND APPROPRIATING FUNDS THEREFOR

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 “Public Health Emergency Benefits and Allowances for Health Care Workers Act”.

Section 2. Declaration of Policy. - The State recognizes the critical role of health care workers in providing quality health care to and ensuring disease prevention in the general population, especially in times of national public health emergencies. To this end, the State shall reciprocate by promoting their welfare through the grant of mandatory benefits and allowances with utmost efficiency.

Section 3. Definition of Terms. - For purposes of this Act:

Provided, That for purposes of future public health emergencies, the DOH may formulate a new risk exposure categorization.

Section 4. Coverage. - This Act shall apply to all health care and non-health care workers, regardless of employment status, during the COVID-19 or other public health emergencies of national scale that may be declared in the future, from the time of the declaration of the public health emergency until lifted by the President.

Section 5. Grant of Health Emergency Allowance, Compensation Package and Other Benefits. - The national government shall grant the following benefits to covered individuals under Section 4 hereof:

Section 6. Retroactivity. - The benefits under this Act shall have retroactive application from July 1, 2021 and shall remain in full force and effect during the state of national public health emergency as declared by the President.

Section 7. Non-Diminution of Benefits. - Nothing in this Act shall be construed to reduce any existing allowance and benefit under Republic Act No. 7305 or the “Magna Carta of Public Health Workers” and other existing laws, decrees, and issuances, executive orders, and contracts or agreements between health care and non-health care workers and employers.

Section 8. Establishment of a Grievance Mechanism. - The DOH shall issue guidelines on the creation of an ad hoc grievance board which shall be composed of three (3) members that will receive, investigate, adjudicate, and recommend actions to arrive at settlement of complaints related to the failure of granting the benefits.

The grievance board shall be composed of the following:

The DOH shall also create regional ad hoc grievance boards in the DOH regional offices.

Section 9. Appropriations. - The amount necessary for the implementation of this Act shall be charged against the available appropriations of the DOH and any sources available as may be identified by the DBM. Thereafter, the amount necessary for its continuous implementation during the state of national public health emergency, including any deficiency in the funding of the COVID-19 benefits and allowances for the years 2021 and 2022 shall be included in the General Appropriations Act (GAA) subject to existing budgeting, accounting and auditing rules and regulations.

Notwithstanding the provisions under Section 69 of Republic Act No. 11518, or the Fiscal Year (FY) 2021 GAA, as amended by Republic Act No. 11639, or the FY 2022 GAA, the President is hereby authorized to exercise powers that are necessary and proper to undertake and implement the grant of COVID-19 benefits and allowances under this Act, and reprogram, reallocate, and realign unreleased appropriations and unobligated allotment under the executive department, including government-owned or -controlled corporations, in the FYs 2021 and 2022 GAAs as may be necessary to augment the available appropriations for the grant of COVID-19 benefits and allowances under this Act: Provided, That unreleased appropriations and unobligated allotments for infrastructure and social assistance projects shall not be discontinued, reprogrammed, reallocated, or realigned for the above purpose. Any programs, activities or projects (P/A/P) declared as savings for this purpose may be revived and proposed for funding in the subsequent GAAs, as necessary.

The DBM shall release the funds for the payment of the benefits and allowances consistent with this Act.

Section 10. Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act, the DOH, the DBM and the Department of Finance shall, in consultation with other government agencies and concerned stakeholders, promulgate the implementing rules and regulations to carry out the provisions of this Act: Provided, That the non-promulgation of the rules and regulations shall not prevent the immediate implementation of this Act upon effectivity.

Section 11. Separability Clause. - If any part or parts of this Act shall be declared unconstitutional or invalid, other sections or provisions hereof not affected thereby shall continue to be in full force and effect.

Section 12. Repealing Clause. - All laws, decrees, executive orders, executive issuances or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of House Bill No. 10701 and Senate Bill No. 2421 was passed by the House of Representatives and the Senate of the Philippines on February 2, 2022.

Approved: APR 27 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines