EXECUTIVE ORDER NO. 948
EXECUTIVE ORDER NO. 948 - PROVIDING
FOR COMPENSATORY BENEFITS TO DISASTER VOLUNTEER WORKERS ENGAGED IN
EMERGENCY OPERATIONS
WHEREAS, it is the policy of the state to
develop and promote self-reliance by encouraging the spirit of
self-help and mutual assistance among the local officials and their
constituents;
WHEREAS, there is an urgent need to enhance the people’s participation
in emergency operations of the government as the state alone with its
meager resources can hardly be expected to achieve desired
results;
WHEREAS, to achieve this end, the state shall encourage the
participation of the people in the government’s disaster control
operations through their voluntary involvement in the activities of the
disaster coordinating councils particularly during disaster or
emergency operations;
WHEREAS, the people’s voluntary involvement in this government
undertaking can only be achieved and made truly effective by making
them aware of their responsibilities and as supportive groups to the
existing disaster organizations of the community, and providing them
compensatory benefits for injuries or death sustained while in the
performance of work in disaster operations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and obtain:
ARTICLE
1
DEFINITION OF TERMS
Section 1. Definition of terms. — When used in this
Executive Order, the term:
a.
“Disaster Volunteer Worker” hereinafter referred to as the DVW refers
to a duly accredited member of any of the task units of a local
disaster coordinating council.
b. “Local
Disaster Coordinating Council” refers to a group of persons at the
provincial, municipal, or barangay level, duly organized pursuant to PD
1566.
c. “Disaster
Operations” means any effort by one or more agencies, government and/or
otherwise, to provide emergency assistance in relief to persons who are
victims of a disaster or calamity. Specific aid and assistance that may
be provided in disaster operations include, among others: issuance of
medical supplies and equipment and emergency medical treatment; food,
water and shelter, rescue and firefighting services; police protection;
route clearance and traffic control; prevention of panic,
communications and restoration of facilities.
d. “Legal
Dependents”, “total and permanent disability”, and “permanent partial
disability” refer to the definition as provided for in the Workers
Compensation Act, as amended.
ARTICLE
2
COMPENSATORY BENEFITS
Sec. 2. Compensatory Benefits. — The following
compensatory benefits shall be paid to a disaster volunteer worker or
his legal dependents in the amounts as herein specified:
a.
For death resulting in the performance of work in disaster operations —
Five Thousand Pesos (P5,000.00) or in the current rate of GSIS or SSS
law, whichever is higher.
b. For injury
resulting in total and permanent disability — Five Thousand Pesos
(P5,00.00).
c. For injury
resulting in permanent partial disability — Three Thousand Pesos
(P3,000.00).
d. For injury
requiring hospitalization for more than fifteen (15) days — Two
Thousand Pesos (P2,000.00).
e. For injury
requiring hospitalization for more than five (5) days but not more than
fifteen (15) days — One Thousand Pesos (P1,000.00).
f. For injury
requiring hospitalization for more than one day by not more than five
(5) days — Three Hundred Pesos (P300.00).
Sec. 3. Free Medical Care. — In addition to the
compensatory benefits provided for in the foregoing section, the
disaster volunteer worker who suffers injury while is the performance
of his duties as such shall be entitled to a free medical care in any
government hospital or institution.
Sec. 4. The Local DCC. — The local government
through its disaster coordinating council shall serve as the principal
body to hear and decide all claims for compensatory benefits under this
Executive Order. For this purpose, the DCC shall be governed by the
rules and regulations issued by the Ministry of Local Government to
implement the provisions of this Executive Order.
ARTICLE
3
PROCEDURE FOR CLAIMS OF
COMPENSATION
Sec. 5. Notice of the injury and claim for
compensation. — No compensatory benefits under this Executive Order
shall be paid unless the local government through the Disaster
Coordinating Council has been given notice of the injury as soon as
possible after the same is received or contracted, verified and
attested to by the rural health doctor of the area, and unless a claim
for compensation is made not later than two (2) weeks after the date of
the injury or death, regardless of whether or not the compensation is
claimed by the DVW himself.
Sec. 6. Form of notice and claim: — The notice and
claim shall be in writing and the notice shall contain: the name and
address of the DVW; the name of the disaster coordinating council and
the particular task unit where he/she belongs and the time, place,
nature and cause of the injury or death signed by the DVW or any person
in his behalf.
Sec. 7. Delivery of notice and claim. — The notice
provided for in this Executive Order shall be served on the Chairman of
the disaster coordinating council or his representative through the
leader of the task unit where the DVW is assigned. The notice shall be
served by personal delivery or courier to the official address of the
DCC.
Sec. 8. Sufficient notice. — Any notice given in
accordance with the provisions of Sec. 6 of this Executive Order
shall not be considered invalid or insufficient by reason of the
incorrectness in the statement of time, place, nature or cause of the
injury or death, unless it be shown that the local DCC has been
actually misinformed respecting the injury. Failure to or delay in
giving notice shall not be a bar to the proceeding provided herein, if
it is shown that any of the members of the DCC concerned had knowledge
of the accident.
Sec. 9. Roster of RVW. — The provincial, city or
municipal government through their respective DCC shall maintain a
roster of DVW in their locality, copies of which shall be furnished to
the nearest local Civil Defense Office and the OCD main office at Camp
General Emilio Aguinaldo, Quezon City for verification and
accreditation purposes.
Sec. 10. Source of Fund. — The payment of
compensatory benefits for DVW as herein specified shall be chargeable
against the national calamity fund subject to the provisions of the
current General Appropriations Act, executive orders or other
legislations that may hereinafter be issued for the purpose. For this
purpose, an initial amount of P1M shall be released to the MLG at the
start of the fiscal year to be replenished whenever the need arises.
All unobligated balances shall revert to the general fund at the end of
each year.
Sec. 11. Procedure for fund release. — To
effectuate the provisions of the preceding section, the provincial,
city or municipal government, as the case may be, shall enact a
supplemental budget in the same manner as provided for in PD 477 and
subject to the limitations provided for in Section s 28 and 44 of the
said Decree.
Sec. 12. Rules and Regulations. — The Ministry of
Local Government shall issue the rules and regulations to implement
this Executive Order.
Sec. 13. Separability Clause. — If, for any reason
or reasons, any part or provisions of this Executive Order shall be
held to be unconstitutional or invalid, other part or provisions hereof
which are not affected thereby shall continue to be in full force and
effect.
Sec. 14. Repealing Clause. — Except as otherwise
provided herein, all laws, acts, decrees, executive orders,
proclamations and administrative regulations, or part or parts thereof
which are inconsistent with this Executive Order are hereby repealed or
modified accordingly.
Sec. 15. Effectivity Clause. — Unless otherwise
specifically provided herein, this Executive Order shall take effect
upon its publication in a newspaper of general circulation in the
Philippines.
Done in the City of Manila,
this 23rd day of April, in the year of Our Lord, Nineteen Hundred and
Eighty-Four.