G.R. No. 264659 - PHILIPPINE HEALTH INSURANCE CORPORATION, VS. COMMISSION ON AUDIT, AS REPRESENTED BY ITS FORMER CHAIRPERSON, MICHAEL G. AGUINALDO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly by the Secretary of Health in consultation with the appropriate government agencies concerned taking into account existing laws and prevailing practices. (Emphasis supplied) Apropos thereto, the Rules and Regulations on the Grant of Compensation-Related Magna Carta Benefits to Public Health Workers under DBM-DOH Joint Circular No.2012-0001 , [28] set forth the following conditions for the grant of subsistence and laundry allowances: 8.0 Subsistence Allowance 8.1 Pursuant to Section 22 of [Republic Act] No. 7305, PHWs who render services within the premises of hospitals, sanitaria, health infirmaries, health centers, rural health units, and other health-related establishments such as clinics or medical departments of NGAs, GOCCs, and GFIs, and are required to make their services available at any and all times may be entitled to Subsistence Allowance. 8.2 PHWs under the following circumstances, however, are not entitled to Subsistence Allowance: 8.2.1 When not required to make their services available at all times such that they can leave their workstations during break­ times; 8.2.2 When on leave of absence. with or without pay; 8.2.3 While on official travel and entitled to travel expenses under EO No. 298 and as amended; and 8.2.4 While attending trainings, seminars, workshops, and similar activities where meals are provided. 8.3 The Subsistence Allowance shall be [PHP] 50 for each day of actual full-time service, or [PHP] 25 for each day of actual part-time service. . . . . 10.0 laundry Allowance 10.1 In view of Section 24 of [Republic Act] No. 7305, Laundry Allowance may be granted to PHWs in hospitals, sanitaria, health infirmaries, or other health-related establishments, to defray the cost for washing and pressing their personal protective clothing or uniforms required to be worn at all times while working - that will provide them the required degree of protection while re­assuring patients of their professionalism, competency, and identity. 10.2 A PHW who rendered actual service on all workdays in a month shall be granted Laundry Allowance at [PHP] 150/month. Meanwhile, for the payment of hazard pay, DBM-DOH Joint Circular No. 01-16 [29] provides: 3.0 New Rules on Hazard Pay The new rules on the grant of Hazard Pay should be read as follows: 3.1 Hazard Pay is an additional compensation for performing hazardous duties and for enduring physical hardships in the course of the performance of duties. As a general compensation policy, and in line with Section 21 of [Republic Act] No. 7305, Hazard Pay may be granted to PHWs if the nature of their duties and responsibilities, their actual services, and location of work expose them to great danger, occupational risks, perils to life, and physical hardships, as determined by the Secretary of Health, or by the Head of the Agency or the Local Chief Executive, with the approval of the Secretary of Health. 3.2 Pursuant thereto, Hazard Pay may be granted to PHWs exposed to danger, perils to li