Legal basis and scope of authority
- Executive Order No. 437 is issued pursuant to authority vested in the President by Section 90 of Commonwealth Act No. 1, as amended.
- The authorization for hazardous duty pay is implemented through rules and regulations prescribed by the Secretary of National Defense.
Policy and purpose of hazardous duty pay
- Executive Order No. 437 recognizes that activities tied to underwater naval operations, bomb disposal, and dangerous research and development expose AFP personnel to extraordinary hazards and risks.
- Executive Order No. 437 provides additional compensation for officers who perform defined hazardous duties.
Covered hazardous activities
- Hazardous duty includes activities connected with underwater naval operations, including deep-sea diving.
- Hazardous duty includes duties involving arming, disarming, or disposal of fused bombs, mines, torpedoes, body traps, and other lethal devices.
- Hazardous duty includes preparation or testing of lethal materials or devices such as explosives, incendiaries, poison gases, and radioactive materials.
- Hazardous duty includes testing of new and dangerous equipment and underwater demolitions.
When officers may receive pay
- Officers of the Armed Forces of the Philippines may receive hazardous duty pay only while actually performing hazardous duty.
- Hazardous duty pay is granted only for the inclusive dates during which hazardous duty has been actually performed.
- Officers’ eligibility depends on compliance with the Secretary of National Defense’s rules on requests and attestations.
Pay rate and funding limitation
- Hazardous duty pay is equivalent to fifty per centum of their respective base pay.
- Hazardous duty pay is subject to the availability of funds.
- Executive Order No. 437 sets the pay amount as a percentage of base pay rather than a fixed daily or monthly amount.
Flying pay exclusion
- Officers receiving flying pay are not entitled to hazardous duty pay.
Request content and attestation requirements
- The Secretary of National Defense’s rules require that each hazardous duty pay request include a description of the hazardous duty performed.
- The request must include the period covered and the place where such duty was performed.
- Each request must be attested to by the appropriate commander of the officer applicant.
Conditions for implementation by DND
- The Secretary of National Defense shall prescribe the rules and regulations governing hazardous duty pay.
- These rules and regulations must require submission of: (1) a description of the hazardous duty, (2) the period covered, and (3) the place where the duty was performed, with commander attestation.
Effectivity and transitional clauses
- Hazardous duty pay is authorized to apply only for the inclusive dates when the hazardous duty was actually performed under the prescribed rules and regulations.