^ ■

SEVENTEENTH CONGRESS OF THE REPUBLIC ) OF THE PHILIPPINES )

First Regular Session )

SENATE

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'17 HAY 22 PI?-^8 I /

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COMMITTEE REPORT NO. 102

Submitted Jointly by the Committees on Civil Service, Government Reorganization and Professional Regulation; Education, Arts and Culture; Ways and Means and Finance onM Y ..? ? ?0I7

Re; Senate Bill No. 14B3Recommending its approval in substitution of Senate Bill Nos. 219, 285 and 1123

Sponsor; Senator Antonio “Sonny" F. Trillanes IV

MR. PRESIDENT:

The Committees on Civil Service, Government Reorganization and Professional Regulation; Education, Arts and Culture; Ways and Means and Finance to which were referred Senate Bill No. 219, introduced by. Senator Vicente C. Sotto, III entitled:

“ AN ACT GRANTING EDUCATIONAL ASSISTANCE AND BENEFITS TO THE DEPENDENTS OF A LL MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP), BUREAU OF FIRE PROTECTION (BFP), BUREAU OF JA IL MANAGEMENT AND PENOLOGY (BJMP), NATIONAL BUREAU OF INVESTIGATION (NBI), PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), PHILIPPINE COAST GUARD (PCG), AND BUREAU OF CORRECTIONS (BUCOR) WHO ARE KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE OF THEIR DUTY OR BY REASON OF THEIR OFFICE OR POSITION”

Senate Bill No. 285, introduced by. Senator Antonio “Sonny" F. Trillanes IV entitled:

“ AN ACT GRANTING EDUCATIONAL ASSISTANCE AND BENEFITS TO THE DEPENDENTS OF A LL MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP), BUREAU OF FIRE PROTECTION (BFP), BUREAU OF JA IL MANAGEMENT AND PENOLOGY (BJMP), NATIONAL BUREAU OF INVESTIGATION (NBI), PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), PHILIPPINE COAST GUARD (PCG) AND BUREAU OF CORRECTIONS (BUCOR) WHO ARE KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE OF THEIR DUTY OR BY REASON OF THEIR OFFICE OR POSITION”

Committee Report on the Uniformed Educational Assistance and Benefits Act

Senate Bill No. 1123, in troduced by Senator Grace Poe, entitled;

“ AN A C T PR O VID IN G E D U C A T IO N A L BEN EFITS TO SURVIVING CH ILD R EN OF M EM BER S OF THE PH ILIPP IN E N A T IO N A L PO LIC E W H O W ERE SLAIN IN THE LINE OF DUTY, C R EATIN G THE PNP E D U C A T IO N A L BENEFITS FUND, AN D FOR O THER P U R P O SE S ”

have considered the sam e and have the honor to report them recom m endation tha t the attached bill. Senate Bill No. Com m ittees, entitled:

,the Senate w ith the prepared by the

“ AN A C T G R A N TIN G E D U C A T IO N A L A S S IS TA N C E AN D BEN EFITS TO THE D EPEN DENTS OF A L L M EM BERS OF THE A R M E D FO RCES OF THE PH ILIPP IN ES (AFP), PH ILIPP IN E N A T IO N A L PO LIC E (PNP), BU R EAU OF FIRE PRO TECTIO N (BFP), B U R EAU OF JA IL M A N A G E M E N T AN D PEN O LO G Y (B JM P ), N A T IO N A L BU R E A U OF IN VESTIG ATIO N (N B I), PH ILIPP IN E DRUG E N FO R C EM EN T A G E N C Y (PD EA), PH ILIPP IN E C O A S T G U A R D (PCG) AND BU R EAU OF C O R R EC TIO N S (B U C O R ) W H O A R E K ILLE D OR P ER M A N E N TLY IN C A P A C ITA TE D W H ILE IN THE PER FO R M AN C E OF TH E IR D UTY OR BY REASO N OF THEIR O FFICE OR PO SIT IO N ”

be approved in substitu tion o f Senate Bill Nos. 219, 285, and 1123 w ith Senators V icente C. Sotto, III, A nton io “S onny” F. T rillanes IV, G race Poe, Francis “C h iz” G. Escudero, Sonny Angara and Loren B. Legarda as authors thereof.

RESPECTFULLY SUBMITTED:

FRANCIS “ CHIZ” G. ESCUDERO Chairperson, C om m ittee on Education, A rts and C ulture; Vice C hairperson, Com m ittee on C ivil Service, G overnm ent R eorganization and P ro fess iona l R egula tion; Member, Committees on Ways and Means and Finance

ANTONIO “ SONNY” F. TRILLANES IV Chairperson, C om m ittee on C iv il Service, G overnm ent Reorganization and P ro fessiona l R egula tion; Member, Committees on Education, Arts and Culture; Ways and Means and Finance

LOREN B. LEGARDA Chairperson, C om m ittee on F inance; Vice Chairperson, C om m ittee on Ways and Means; Member, Committees on Civil Service, Government Reorganization and Professional Regulation; Education, Arts and Culture

SO Ut^ ANGARA Chairperson, C om m ittee on Ways and Means; Vico C hairperson, C om m ittees on Education, A rts and Culture and F inance

Committee Report on the Uniformed Educational Assistance and Benefits Act

JOEL Viy^ANUEVA Vice ChaL-person, C om m ittees on Education, A rts and C u ltiue and Ways and Means; Member, Committee on Finance

JOSEPH VICTOR G. EJERCITO Vice Chairperson, Com m ittee on Education, A rts and C uiture; Member, Committees on Ways and Means and Finance

CYNTHtA A. VILLAR Vice Chairperson, Com m ittee on F inance; Member, Committees on Civil Service, Government Reorganization Professional Regulation and Education, Arts and Culture

MCHALIANyp a rso n . Com m ittee on Education, A rts

I C ulture ; Member, Committees on Ways and ’ Finance

PAOLO BENIGNO AQUINO IVVice Chairperson, C om m ittees on Education, A rts and C ulture ; Ways and Means and F inance; Member, Committee on Civil Service, Government Reorganization and Professional Regulation;

PANFIl/OVl. LACSONVice C heirdcrson, Com m ittee on F inance; Member, Committee on Ways and Means

M e m b e rs

EMMANUEL “ MANNY” D. PACQUIAOMember, Cemviittees on Civil Service, Government Reorgarfaatjpn and Professional Regulation; E dupe tion^rts and Culture

GREGORIO B. HONASAN IIMemlier, Committees on Civil Service, Government Reorganization and Professional Regulation: and Finance

RI(/CHARD J. GpRDON ember Conyrvttees on Education, Arts and Culture;

/ays auxi'Ktfcans and Finance

MARIA LOURDES' NANCY S. BINAYMember, Committees on Education, Arts and Culture; Ways and Means and Finance

'EROSMember, Committees on Education, Arts and Culture; Ways and Means and Finance

'ACE POEmber. Committees on Education, Arts and Culture;

'ays and Means and Finance

Mefnance

/■

lyN p tftL “ MIGZ” F. ZUBIRI Committees on Ways and Means and

FRANCIS “ K k ^ ^ y A N G IL IN A NMember, C o m m itte e ^n Education, Arts and Culture; Ways and Means a n d \lnance

Committee Report on the Uniformed Educationel Assistance and Benefits Act

‘i...

Serrate P re pae tirfroT em pore

Ex-O fficirj Members:

cNTE C. S CMajority Lear.

«A N K LIN M. I^ IL O NMinority Leader

HON. AQUILINO “ KOKO” PIMENTEL PresidentSenate o f the Philippines

SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES

First Regular Session

S. No.

SENATE

1463(In Substitution of Senate Bill Nos. 219, 285 and 1123)

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Prepared Jointly by the Committees on Civil Service, Government Reorganization and Professional Regulation; Education, Arts and Culture; Ways and Means and Finance with

Senators Vicente C. Sotto, III, Antonio “Sonny” F. Trillanes IV, Grace Poe, Francis “Chiz” ____________ G. Escudcro, Sonny Angara and Loren B. Legarda as authors

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AN ACTGRANTING EDUCATIONAL ASSISTANCE AND BENEFITS TO THE DEPENDENTS OF ALL MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP), BUREAU OF FIRE PROTECTION (BFP), BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), NATIONAL BUREAU OF INVESTIGATION (NBI), PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), PHILIPPINE COAST GUARD (PCG) ANU BUREAU OF CORRECTIONS (BUCOR) WHO ARE KILLED OR PERMANENTLY INCAPACITATED WHILE IN THE PERFORMANCE OF THEIR DUTY OR BY REASON OF THEIR OFFICE OR POSITION

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 "Uniformed and Law Enforcement Personnel Educational Assistance and Benefits Act of 2017".

SECTION 2. Declaration of Policy. - It is hereby declared policy of the State to recognize the vital role of the members of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), Philippine Coast Guard (PCG) and Bureau of Corrections (BuCor) in the maintenance of peace and public order in our country and to ensure that the dependents of those who are killed in action or are permanently incapacitated while in the performance of their duty or by reason of their office or position are provided with educational assistance and benefits.

SECTION 3. Permanent incapacity; Definition. - Permanent Incapacity shall refer to physical or mental ill-health or infirmity which is: (i) permanent, (ii) prevents a member from pursuing his or her normal employment, and (Hi) seriously impairs his or her earning capacity.

SECTION 4. Grant of Educational Assistance and Benefits. - All the surviving children of the members of the AFP, PNP, BFP, BJMP, NBI, PDEA, PCG and BuCor who are killed or permanently incapacitated while in the performance of their duty or by reason of their office or position shall automatically and without qualification be extended full

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scholarship from kindergarten to tertiary level whether baccalaureate, formal or non-formal education or training program in a non-cxclusivc school or institution; Provided, that the surviving spouse if he or she so desires may also avail of the benefit; Provided further, that, if the deceased or disabled personnel is single, his or her qualified dependent siblings may also avail of this benefit. The scholarship privilege shall include, but shall not be limited to, payment of tuition and miscellaneous fees, allowance for books and school supplies and allowance for food and transportation.

SECTION 5. Uniformed and Law Enforcement Personnel Scholarship Board. - The scholarship funds collected hereunder shall be managed and administered in accordance with the policies formulated by an inter-agency scholarship board to be known as the Uniformed and Law Enforcement Personnel Scholarship Board, which shall be created and formally organized within thirty (30) days from the effectivity of this Act. The Board shall be composed of the Secretary of the Department of the Interior and Local Government, the Secretary of Justice, the Secretary of Transportation and Secretary of the Department of National Defense, or their alternatives, as Co-chairmen and one (1) member each to represent the AFP, PNP, BFP, BJMP, NBI, PDEA, PCG and BuCor.

The Board shall serve as the policy making body vested with the authority to come-up with the mechanics, scope and limitations, and requirements for scholarship program pursuant to the objectives of this Act. The Board shall, however, delegate the responsibility to implement the screening, admission, qualification, disqualification and other scholarship- related availment processes to the respective scholarship bodies of the AFP, PNP, BFP, BJMP, NBI, PDEA, PCG and BuCor, in accordance with the guidelines to be prescribed by the Board. If the agency concerned does not have an existing scholarship board or body, the head of agency is authorized to create such board or body or to delegate its function to an existing bureau, division or office which could concurrently perform such functions.

SECTION 6. Authority to accept donations; Tax Exemption. - The Uniformed and Law Enforcement Scholarship Board and the respective board or bodies of the concerned agencies shall have the authority to accept donations, contributions, grants in cash or in kind, from appropriate sources, domestic or foreign. Said donations shall be used exclusively to complement the funding requirements of the scholarship program subject to the existing government accounting and auditing rules and regulations; Provided, That any donation, contribution or financial aid which may be made to the Board and to respective board oi bodies of the concerned agencies shall be exempt from taxes of any kind and shall constitute allowable deductions in full from the income of the donors, contributors or givers for income tax purposes. Furthermore, the Board and to the respective board or bodies of the concerned agencies are authorized to invest so much of the idle funds as may be necessary for the purpose of generating additional revenue for the benefit of the scholarship program subject to the guidelines as may be prescribed by the board.

SECTION 7. Funding of Educational Assistance and Benefits. - The amounts necessary to fund the educational assistance and benefits for the surviving children of the deceased or permanently incapacitated Uniformed and Law Enforcement Personnel provided under this Act shall be separately sourced and utilized, as follows:

A. For PNP, license fees collected from the PNP firearms, and explosive office;B. For AFP, prevailing funds exclusively allocated for scholarship including

applicable grants and donations and other service income;

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C. For BFP, subsidy income from the National Government;D. For PCG, collection from permits and licenses fees, fines, and penalties,

service income, and other general income; andE. For NBI, income from government services, particularly new clearance fees,

including miscellzineous income.

For PDEA, BJMP and BuCor, the amounts necessary for the educational assistance and benefits shall be included in their respective budgets under the annual General Appropriation Act.

The concerned agencies may also determine or generate additional sources of funds for the continuity of their scholarship assistance programs under this Act.

SECTION 8. Appropriations. - Any shortfall in the amount necessary to fund the educational assistance and benefits specified above shall be included in the respective annual budgets of the AFP, PNP, BFP, NBI, and PCG to be enacted as part of the annual General Appropriations Act; Provided, That any deficiencies in the financial requirements may likewise be taken from savings on the personal services of the AFP, PNP, BFP, BJMP, NBI, PDEA, PCG and BuCor and the Miscellaneous Personnel Benefits Funds (MPBF); Provided, further, That the Uniformed Personnel Scholarship Board may, consistent with Sec. 5 of this Act, identify, develop and/or generate additional sources of funds to further support this scholarship program.

SECTION 9. Implementing Rules and Regulations. - The Uniformed and Law Enforcement Personnel Scholarship Board herein created shall promulgate, formulate and issue, within sixty (60) days from its creation, the necessary implementing rules and regulations for the effective implementation of this Act.

SEC1ION 10. Separability Clause. - If any provision or part this Act is held illegal, invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

SECTION II. Repealing Clause. - Presidential Decree No. 577, RA 6963, and all other laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules and regulation or parts thereof which are contrary to or inconsistent with the provisions of this Act arc hereby repealed, modified or amended accordingly.

38 SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after39 its complete publication in at least two (2) newspapers of general circulation in the country or40 in the Official Gazette, whichever comes first.

Approved,