made. The action is selective and the employee may either choose to file the claim under either.

But once the election is made, the claimant cannot opt for the other remedy. State Insurance Fund- all covered employees are required to remit to a common fund a monthly contribution equivalent to 1% of the monthly salary of credit of every covered employees. The employee pays no contribution to the fund. Any agreement to the contrary is prohibited. Disability Benefits: Temporary Total Disability- if as a result of the injury or sickness, the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days. Permanent Total Disability- if as a result of the injury or sickness, the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days. Permanent Partial Disability- if as a result of the injury or sickness, the employee suffers a permanent partial loss of the user of any part of his body. Death Benefits- The System shall pay to the primary beneficiaries upon the death of the covered employee an amount equal to his monthly income benefit, plus 10% thereof for each dependent child, but not exceeding 5, beginning with the youngest and without substitution. The income benefit shall be guaranteed for 5 years. i. Dependents:

1. The legitimate, legitimated, and legally adopted or acknowledged natural child who is unmarried, not gainfully employed and not over 21 years of age or over 21 years of age provided that he is incapable of selfsupport due to a physical or mental defect which is congenital or acquired during his minority. 2. Legitimate spouse living with the employee. 3. The parents of said employee wholly dependent upon him for regular support. ii. Benefits: 1. For life to the primary beneficiaries, guaranteed for 5 years. 2. For not more than 60 months to the secondary beneficiaries in case there are no primary beneficiaries. 3. In no case shall the total benefit be less than P15,000. iii. Beneficiaries a. Primary Beneficiaries: 1. dependent spouse until he remarries 2. dependent children (legitimate, legitimated, natural born or legally adopted) b. Secondary Beneficiaries: 1. illegitimate children and legitimate descendants 2. parents, grandparents, grandchildren

PART II SOCIAL LEGISLATION

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A. RA No. 1161 SOCIAL SECURITY SYSTEM as amended by RA No. 8282 i. Coverage: a. Compulsory: 1. Compulsory upon all employers not over 60 years of age and their employees; 2. In case of domestic helpers, their monthly income should not be less than P1,000. b. Limitations: Any benefit already earned by the employers under private benefit plans existing at the time of the approval of the Act shall not be discontinued, reduced or otherwise impaired. Private planes which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employers contribution to his private plan is more than that required of him in this Act, he shall pay to the SSS only the contribution required of him and he shall continue his contribution to such private plan less his contribution to the SSS so that the employers total contribution to his benefit plan and to the SSS shall be the same as his contribution to his private benefit plan before any compulsory coverage. Any changes, adjustments, modifications, eliminations or improvements in the benefits to be available under the remaining

private plan, which may be necessary to adopt by reason of the reduced contribution thereto as a result of the integration shall be subject to agreements between the employers and the employees concerned. The private benefit plan which the employer shall continue for his employees shall remain under the employers management and control unless there is an existing agreement to the contrary. Nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those provided under this Act. 3. Compulsory upon such selfemployed persons as may be determined by the Commission including but not limited to the following: All self employed professionals; Partners and single proprietors; Actors and actresses directors, scriptwriters and news correspondents who do not fall within the definition of the term employee in Section 8 (d) of this Act; Professional athletes, coaches, trainers, and jockeys; Individual farmers and fisherman. c. Voluntary: 1. Spouses who devote full time to managing the household and family affairs, unless they are also engaged in other vocation or

d.

e. 1. 2.

3. 4.

employment which is subject to mandatory coverage, may be covered by the SSS on a voluntary basis. 2. Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis. 3. Employees separated from employment may continue to pay contributions to maintain his right to full benefits. 4. Self-employed with no income. By Agreement: Any foreign government, international organization, or their wholly-owned instrumentality employing workers in the Philippines, may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems. Excluded Employment: Employment purely casual and not for the purpose of occupation or business of the employer; Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines. Service performed in the employ of the Philippine government or instrumentality or agency thereof; Service performed in the employed of a foreign government, international organization, or their wholly owned instrumentality;

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5. Services performed by temporary employees, which may be excluded by regulation of the commission. f. Effective Date of Coverage: 1. Employer- it shall take effect on the first day of his operation. 2. Employee- on the day of his employment. 3. Self-employed- it shall take effect upon his registration with SSS. ii. Definition of Terms: Employer- Any person natural or juridical, domestic or foreign, who carries on in the Philippines, any trade business, industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment except the Government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the Government. Selfemployed person shall be both the employer and employee at the same time. EmployeeAny person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. Defendents: 1. The legal spouse entitled by law to receive support from the member; 2. The legitimate, legitimated or legally adopted and illegitimate

child who is unmarried, not gainfully employed and has not reached 21 years of age or if 21 years of age, he is congenitally incapacitated or while still a minor, has been permanently incapacitated and incapable of self-support physically and mentally and; 3. The parent who is receiving regular support from the member. Beneficiaries: 1. The dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted and illegitimate children who shall be the primary beneficiaries of the member. 2. PROVIDED that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated or legally adopted children. 3. PROVIDED FURTHER in the absence of the legitimated, legally adopted or legitimate children, illegitimate children shall be entitled to 100% of the benefits. 4. IN THEIR ABSENCE, the dependent parents who shall be the secondary beneficiaries. 5. IN THE ABSENCE OF ALL of the foregoing, any person designated by the covered employee as secondary benefits. iii. Benefits: 1. Monthly Pension; 2. Dependents Pension;

It shall be paid for each dependent child conceived on or before the date of the contingency but not exceeding five, beginning with the youngest without substitution provided that where there are legitimate and illegitimate children, the former shall be preferred. 3. Retirement Benefits A member who has paid at least 120 monthly contributions prior to the semester of retirement and who: a. has reached the age of 60 years and is already separated from employment or has ceased to be selfemployed b. has reached the age of 65 A covered member who is 60 years old not qualified under Letter a, shall still be entitled to retirement benefits PROVIDED, he is separated from employment and is not continuing payment of contributions to the SSS on his own. Suspension of Monthly PensionUpon the re-employment or resumption of self-employment of a retired employee who is less than 65 years old. 4. Death Benefits; 5. Permanent Disability Benefits; 6. Funeral Benefits; A funeral grant equivalent to P12,000 shall be paid, in cash or in kind, to help defray the cost of funeral expenses upon the death of a member, including permanently totally disabled member or retiree. 7. Sickness Benefits (Requirements);

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a. A member must have paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of sickness or injury; and b. is confined therefore for more than 3 days in a hospital or elsewhere with the approval of the SSS. 8. Maternity Leave Benefit: It shall be paid to a female employee who has paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of her childbirth or miscarriage PROVIDED: 1. that the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS. 2. The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application. 3. Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits. 4. The maternity benefits provided under this Section shall be paid only for the first 4 deliveries or miscarriages. 5. The SSS shall immediately reimburse the employer 100% of the benefits advanced by the latter. 6. If no contributions were remitted by the employer or no notice was given to SSS, the employer shall be liable for damages equivalent to the benefits which said employee

member would otherwise have been entitled to. iv. Non-Transferability of Benefits Such benefits are not transferable and no power of attorney or other document executed by those entitled thereto, in favor of any agent, attorney or any other person for the collection thereof on their behalf shall be recognized, except when they are physically unable to collect personally such benefits. v. Sources of Fund 1. Collection: Beginning on the last day of the month when an employees compulsory coverage takes effect and every month thereafter during his employment, his employer shall pay the employers contribution and shall deduct and withhold from such employees monthly salary the employees contribution. The same time of collection for self-employed. 2. Remittance: It shall be remitted within the first 10 days of each calendar month following the month for which they are applicable or within such time as the Commission may prescribe. For self-employed they shall remit their contributions quarterly on such dates and schedules as the Commission may require.

B. RA NO. 8291- GOVERNMENT SERVICE INSURANCE SYSTEM i. Compulsory Membership Compulsory for all employees (as defined in Section 2 (d) of GSIS Law) receiving compensation who have not reached the compulsory retirement age, irrespective of employment status, EXCEPT MEMBERS OF THE ARMED FORCES AND THE PNP, subject to the condition that they must settle first their financial obligations with the GSIS and contractuals who have no employer and employee relationship with the agencies. EXCEPT FOR THE MEMBERS OF THE JUDICIARY AND CONSTITUTIONAL COMMISSIONS WHO SHALL HAVE LIFE INSURANCE ONLY, all members of the GSIS shall have life insurance, retirement and all other social security protection such as disability, survivorship, separation and unemployment benefits. Computation of Service The computation of service for the purpose of determining the amount of benefits payable shall be from the date of the original appointment/ election including periods of service at different times under the authority of the Republic of the Philippines and those that may be prescribed by the GSIS in coordination with the Civil Service Commission. All service credited for retirement, resignation or separation for which corresponding benefits have been

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awarded shall be excluded in the computation of service in case of reinstatement in the service of an employer and subsequent retirement or separation which is compensable. ii. Definition of Terms: EmployerThe national government, its political subdivisions, branches, agencies or instrumentalities including GOCCs and financial institutions with original charters, the Constitutional Commissions and the Judiciary. Employee/ Member- Any person receiving compensation while in the service of an employer as defined herein, whether by election or appointment, irrespective of status appointment. Dependents: 1. The legitimate spouse dependent for support upon the member or pensioner 2. The legitimate, legitimated legally adopted child, including the illegitimate child who is: a. unmarried, b. not gainfully employed, c. not over the age of majority, or d. is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to age of majority. 3. Parents dependent upon the members for support.

Primary Beneficiary- The legal dependent spouse until he/she remarries. Secondary BeneficiaryThe dependent parents and subject to the restrictions on dependent children, the legitimate descendants. Disability- Any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his/her capacity to continue with his/her current gainful occupation or engage in any other gainful occupation. Total DisabilityComplete incapacity to continue with his present employment or engage in any gainful occupation due to the loss or impairment of the normal functions of the physical and/or mental faculties of the member. Permanent Total DisabilityAccrues or arises when recovery from impairment mentioned in Section 2 (Q) (defining disability) is medically remote. Temporary Total DisabilityAccrues or arises when impaired physical and/or mental faculties can be rehabilitated and /or restored to their normal functions. Permanent Partial DisabilityAccrues or arises upon the irrevocable loss or impairment of certain portion/s of the physical faculties, despite which the member is able to pursue a gainful occupation.

iii. Sources of Fund: a. Contributions: 1. It shall be mandatory for the member and the employer to pay the monthly contributions. 2. The employer shall include the in its annual appropriation the necessary amounts for its share of the contributions indicated above PLUS any additional premiums that may be required on account of the hazards or risks of its employees occupation. 3. Failure to do so shall subject the employers to penal or administrative sanctions. b. Collection and Remittance: 1. Collection- The employer shall report to the GSIS all pertinent information regarding the employee and shall deduct each month for the salary or compensation of each employee the contribution payable by him. 2. Remittance- The employer shall remit directly to the GSIS the employees and employers contributions within the first 10 days of the calendar month following to which the contributions apply. iv. Benefits: 1. Separation Benefits: Separation benefits are given to the: a. The member resigns or separates from the service after he has rendered at least 3 years of service but less than 15 years. b. The member resigns or separates from office after he has rendered 15 days of service and is below 60 years of age at the

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time of resignation or separation. Separation benefits likewise include: Unemployment or Involuntary Separation Benefits- shall be paid to a permanent employee who is involuntarily separated from the service due to the abolition of his office or position usually resulting from reorganization PROVIDED that he has been paying integrated contributions for at least 1 year prior to contributions. 2. Retirement Benefits: Conditions for entitlement: a. Member has rendered at least 15 years of service. b. He is at least 60 years of age at the time of retirement. c. He is not receiving a monthly pension benefit from permanent total disability. 3. Permanent Disability Benefits: General Conditions for Entitlementthe member must have suffered permanent disability for reasons NOT DUE to: a. Grave misconduct, b. notorious negligence, c. habitual intoxication, or willful intention to kill himself or another. Specific Conditions for entitlementhe shall receive monthly income benefit for life equal to the basic monthly pension effective from the date of the disability, PROVIDED: a. He is in the service at the time of the disability. b. If separated from service, he has paid at least 36 monthly contributions within the 5 year period immediately

preceding the disability or has paid a total of at least 180 monthly contributions prior to the disability. c. If he was in service and has paid a total of at least a total of at least 180 monthly contributions, in addition to the monthly income benefit, he shall receive a cash payment equivalent to 18 times his basic monthly pension. d. However, a member cannot enjoy the monthly income benefit for permanent disability and the old age retirement simultaneously. Unless the member has reached the minimum retirement age, disability benefits shall be suspended when: a. he is reemployed b. he recovers from his disability as determined by the GSIS, whose decision shall be final and binding d. he fails to present himself for medical examination when required by the GSIS. Permanent Partial Disability- he must satisfy specific conditions 1-3. 4. Temporary Disability Benefits The member shall be entitled to 75% of the current daily compensation for each day or fraction thereof of temporary disability benefit not exceeding 120 days in one calendar year after exhausting all sick leave credits and collective bargaining sick leave benefits. PROVIDED: he is in service at the time of his disability. if separated, he has rendered at least 3 years of service and has paid at least 6 monthly contributions in the

12 month period immediately preceding the disability. However, a member cannot enjoy temporary total disability benefit and sick leave pay simultaneously. In addition, if the disability requires more extensive treatment that lasts beyond 120 days, the payment of the temporary total disability benefit may be extended by the GSIS but not to exceed a total of 240 days. Lastly, and in no case shall the benefit be less than P70 a day. 5. Survivorship Benefits: For purposes of survivorship benefits, legitimate children shall include legally adopted and legitimated children. v. Death of a Member- upon the death of a member, the primary beneficiaries shall be entitled to: 1. Survivorship Pension, provided: a. Member was in service at the time of his death. b. If separated from service has rendered at least 3 years of service and paid 36 monthly contributions with the 5-years period immediately preceding his death or has paid a total of at least 180 monthly contributions. 2. Survivorship Pension plus a cash payment equivalent to 100% of his average monthly compensation for every year of service, provided: The deceased was in the service at the time of his death with at least 3 years of service.

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3. Survivorship Pension plus a cash payment equivalent to 100% of his average monthly compensation for every year of service he paid contributions but not less than P12,000, provided: That the deceased has rendered at least 3 years of service prior to his death but does not qualify under 1 and 2. a. Order of Payment of the Survivorship Pension: 1. When the dependent spouse is the only survivor, he shall receive the basic survivorship pension for life or until he/she remarries. 2. When only dependent children are the survivors, they shall be entitled to the basic survivorship pension for as long as they are qualified, plus the dependent childrens pension. 3. When the survivors are the dependent spouse and the dependent children, the dependent spouse shall receive the basic survivorship pension for life or until he/she remarries, and the dependent children shall receive the dependents pension. b. In the absence of Primary Beneficiaries, the secondary beneficiaries shall be entitled to: 1. Cash payment equivalent to 100% of his average monthly compensation for each year of service he paid contributions, but not less than P12, 000 PROVIDED that the member is in service at the time of his death and has at least 3 years of service. 2. In the absence of secondary beneficiaries, the benefits under this paragraph shall be paid to the legal heirs.

6. Funeral Benefits: It shall not be less than P12, 000 PROVIDED that it shall be increased to at least P18, 000 after 5 years and shall be paid upon death. 7. Life Insurance Benefits: All employees except members of the AFP and the PNP shall be compulsorily covered with life insurance. vi. Adjudication of Claims and Disputes Prescription of Claims- Claims for benefits under the Act except for life and retirement shall prescribe after 4 years from the date of contingency. Jurisdiction- GSIS shall have the exclusive and original jurisdiction to settle any dispute arising under the Act and any other laws administered by the GSIS. Appealable under Rule 43 and 45, Rules of Court. The appeal shall not stay the execution of the order or award unless ordered by the Boards, CA, or SC and the appeal shall be without prejudice to the special civil action for certiorari when proper.

C. Salient Provisions of RA NO. 8972 SOLO PARENTS WELFARE ACT OF 2000 Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the foundation of the nation,

strengthen its solidarity and ensure its total development. Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as follows: (a) Solo parent - any individual who falls under any of the following categories: (1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; (2) Parent left solo or alone with the responsibility of parenthood due to death of spouse; (3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children; (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; (7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year; (8) Unmarried mother/father who

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has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution; (9) Any other person who solely provides parental care and support to a child or children; (10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. (b) Children - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. (c) Parental responsibility - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines." (d) Parental leave - shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. (e) Flexible work schedule is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act. Section 5. Comprehensive Package of Social Development and Welfare Services. - A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents. The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include: (a) Livelihood development service xxx. (b) Counseling services xxx. (c) Parent effectiveness services xxx. (d) Critical incidence stress debriefing xxx. (e) Special projects for individuals in need of protection xxx. Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, that the same shall

not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds. Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges: (1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and (2) Nonformal education programs appropriate for solo parents and their children. xxx Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA. Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be

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implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs). D. Salient Provisions of RA NO. 8187PATERNITY ACT OF 1996 SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. For purposes, of this Act, delivery shall include childbirth or any miscarriage. SECTION 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. SECTION 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules

and regulations promulgated thereunder shall be punished by a fine not exceeding P25,000 or imprisonment of not less than 30 days nor more than 6 months. If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible therefor. SECTION 6. Non-diminution Clause. - Nothing in this Act shall be construed to reduce any existing benefits of any form granted under existing laws, decrees, executive orders, or any contract agreement or policy between employer and employee.

E. Salient Provisions of RA NO. 7610 SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT, AS AMENDED BY RA NO. 7658 Section 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and

discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Section 3. Definition of Terms. (a) Children refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (b) Child abuse refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical

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abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. (c) Circumstances which gravely threaten or endanger the survival and normal development of children include, but are not limited to, the following; (1) Being in a community where there is armed conflict or being affected by armed conflict-related activities; (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal development; (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life; (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; (5) Being a victim of a man-made or natural disaster

or calamity; or (6) Circumstances analogous to those above-stated which endanger the life, safety or normal development of children. Section 12. Employment of Children. Children below fifteen (15) years of age shall not be employed except: 1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or 2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: and Provided, That the following requirements in all instances are strictly complied with: (a)The employer shall ensure the protection, health, safety, morals and normal development of the child; (b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and

(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the requirements. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the child. Section 13. Non-formal Education for Working Children. - The Department of Education, Culture and Sports shall promulgate a course design under its nonformal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. Section 14. Prohibition on the Employment of Children in Certain Advertisements. - No person shall employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence. Section 15. Duty of Employer. - Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. 603. Section 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but not more

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than Ten thousand pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked. F. RA 7875- NATIONAL INSURANCE ACT OF 1995 HEALTH

i. General Objectives 1. Provide all citizens of the Philippines with the mechanism to gain financial access to health services. 2. Prioritize and accelerate the provision of health services to all Filipinos, especially that segment of the population who cannot afford services; 3. Establish the Philippine Health Insurance Corporation hereinafter referred to as the Corporation, that will administer the Program at the central and local levels; and 4. Create the National Health Insurance hereinafter referred to as the Program to serve as the means of help the people pay for health care services. ii. Definition of Terms: Dependent a. The legitimate spouse who is not a member; b. The unmarried and unemployed legitimate, legitimated, illegitimate, acknowledged children as appearing in the birth certificate; legally adopted

or step-children below 21 years of age; c. Children who are 21 years old or above but suffering from congenital disability, either physical or mental, or any disability acquired that renders them totally dependent on the member of support; d. Parents who are 60 years old or above whose monthly income is below an amount to be determined by the Corporation Employer- A natural or juridical person who employs the services of an employee. EmployeeAny person who performs services for a employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. iii. The National Health Insurance Program Establishment and Purpose- it shall provide health insurance coverage and ensure affordable, acceptable, accessible and available health care services for all citizens of the Philippines. It shall as a means for the healthy to help pay for the care of the sick and for those who can afford medical care to subsidize those who cannot. Coverage- All citizens of the Philippines shall be covered by the National Health Insurance Program. Benefit Package 1. Inpatient hospital care: a. room and board

b. services of health care professionals c. diagnostic, laboratory and other medical examination services d. use of surgical or medical equipment and facilities e. prescription drugs and biologicals 2. Outpatient care: a. services of health care professionals b. diagnostic, laboratory and other medical examination services c. personal preventive services d. prescription drugs and biological 3. Emergency and transfer services 4. Other health care services Excluded Personal Health Services 1. non-prescription drugs and services 2. outpatient psychotherapy and counseling for mental disorders 3. drug and alcohol abuse or dependency surgery 4. cosmetic surgery 5. home and rehabilitation services 6. optometric services 7. normal obstetrical services 8. cost-ineffective procedures which shall be defined by the Corporation Entitlement to Benefits 1. A member whose premium for at least 3 months have been paid within 6 months prior to the first day of his or his dependents availment. 2. He must show that he contributes thereto with sufficient regularity as evidenced by their health insurance ID Card. 3. He must not be currently subject to legal penalties

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Monthly Contributions need not be paid by the following to be entitled to the Programs Benefits: 1. Retirees and pensioners of SSS and GSIS; 2. Members who have paid at least 120 monthly contributions; and 3. Enrolled indigents. NOTE: Transfer of Health Insurance Funds of SSS and GSIS. It shall be transferred to the Corporation within 60 days from the promulgation of the IRR. The SSS and GSIS shall continue to perform Medicare functions under contract with the Corporation until such time that such functions are assumed by the Corporation. Transfer of Medicare Functions of the SSS and GSIS- Within 5 years from the promulgation of the IRR, but the SSS and GSIS shall continue performing its Medicare functions beyond the stipulated 5year period if such extension will benefit Program members.

G. Salient Provisions of RA NO. 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995 Sec. 2. Declaration of Policy. The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for

employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. Sec. 3. Work, Education or Trainingrelated Sexual Harassment Defined. Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employees rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or

offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. Sec.4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with the jointly approved by the employees or students or

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trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this section (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions. (b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of the alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe. The employer or head of office, educational or training

institution shall disseminate or post a copy of this Act for the information of all concerned. Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution. The employer or head of office, educational training institution shall be solidarily liable for damage arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon. Sec. 6. Independent Action for Damages. Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Sec. 7. Penalties. Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provision of this Act shall prescribe in three (3) years. H. RA 8042- MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

Approved on June 8, 1995 and took effect on July 15, 1995. as indicated in its Title, the law institutes the policies of overseas employment and establishes a higher standard of protection and promotion of the welfare of migrant workers, their families and of overseas Filipinos in distress. i. Guarantee of Protection for Overseas Workers The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee for the protection of the receiving country of the rights of overseas Filipino workers: 1. It has existing labor and social laws protecting the rights of migrant workers; 2. It is signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers; 3. It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and 4. It is taking positive, concrete measures to protect the rights of migrant workers. ii. Jurisdiction a. NLRC Money Claims The Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide the claims arising out of an employeremployee relationship or by virtue of

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any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. Liabilities The liability of the principal/employer and the recruitment/ placement agency for any and all claims under this Section shall be joint and several. The performance bond to be filed by the recruitment/ placement agency, as provided by law, shall be answerable for all money claims, or damages that may be awarded to the workers. If the recruitment/ placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract. 13th Month Pay Under RA 8042 The date the employment termination occurred is material. On or after July 15, 1995, the law to apply is RA 8042. Under Section 10, RA 8042, a worker dismissed from overseas employment without just, valid or authorized cause as defined by law or contract, is entitled to the full reimbursement of his placement fee with interest of 12% per annum, plus his salary for the

unexpired portion of his employment contract or for 3 months of every year of the unexpired term, whichever is less. b. POEA The POEA retains original and exclusive jurisdiction to hear and decide: 1. All cases which are administrative in character, involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities; and 2. Disciplinary action cases and other special cases which are administrative in character, involving employers, principals, contracting partners and Filipino migrant workers. Venue- It may be filed with the POEA Adjudication Office or the DOLE/POEA regional office of the place where the complainant applied or was recruited at the option of the complainant. The office with which the complaint was first filed shall take cognizance of the case. Disciplinary action cases and other special cases, as mentioned in the preceding Section, shall be filed with POEA Adjudication Office. c. RTC A criminal action arising from illegal recruitment shall be filed with the RTC of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense. The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

iii. Mandatory Periods for Resolution of Illegal Recruitment Cases The preliminary investigations of cases under this Act shall be terminated within a period of 30 calendar days from the date of their filing. Where the preliminary investigation is conducted by a prosecution office an a prima facie case is established, the corresponding information shall be filed in court within 24 hours from the termination of the investigation. If the preliminary investigation is conducted by a Judge, and a prima facie case is found to exist, the corresponding information shall be filed by the proper prosecution officer within 48-hours from the date of receipt of the records of the case. iv. Prescriptive Period Illegal recruitment cases under this Act shall prescribe in 5 years; provided, however, that illegal recruitment cases involving economic sabotage as defined herein shall prescribe in 29 years. v. Prohibited Acts in Recruitment and Placement of Workers under the Labor Code are Retained. Under RA 8042, there are additional acts: 1. Failure to deploy employee without valid reason; 2. Failure to reimburse expenses incurred in connection with his documentation and processing in cases that deployment did not take place. vi. Different Funds Created under this Act: 1. Repatriation fund

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2. Loan guaranty fund 3. Legal Assistance fund 4. Congressional Migrant Workers Scholarship fund. vii. Government Agencies Mobilized: 1. DFA 2. DOLE 3. POEA 4. OWWA- The Welfare Officer or in his absence, the Center Coordinator of the Filipinos Resource Center shall make proper representation with the employer/ principal and/ or agency as the case may be, through conciliation meetings or conferences for the purpose of enforcing Contractual Obligations concerning migrant workers. For this purpose, the officer may enlist the assistance of the OWWA officer. 5. Re-placement and Monitoring Center- it shall: a. Provide a mechanism for the reintegration into the Philippine society; b. Serve as a promotion house for their local employment; c. Tap their skills and potentials for national development. I. Salient Provisions of PD NO. 851- 13th Month Pay Law and its IRR Sec. 1, PD 851- All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.

Sec. 2, PD 851- Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree. Section 1. Payment of 13th-month Pay. - All employers covered by Presidential Decree No. 851, hereinafter referred to as the "Decree", shall pay to all their employees receiving a basic salary of not more than P1,000 a month a thirteenth-month pay not later than December 24 of every year. Sec. 2. Definition of certain terms. - As used in this issuance: (a) Thirteenth-month pay shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year; (b) Basic salary shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted pursuant to Presidential Decree No. 525 or Letter of Instructions No. 174, profit-sharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on December 16, 1975. Sec. 3. Employers covered. - The Decree shall apply to all employers except to: (a) Distressed employers, such as (1) those which are currently incurring substantial losses or (2) in the case of non-profit institutions and organizations, where their income, whether from donations,

contributions, grants and other earnings from any source, has consistently declined by more than forty (40%) percent of their normal income for the last two (2) years, subject to the provision of Section 7 of this issuance; (b) The Government and any of its political subdivisions, including government-owned and controlled corporations, except those corporations operating essentially as private subsidiaries of the Government; (c) Employers already paying their employees 13-month pay or more in a calendar year or its equivalent at the time of this issuance; (d) Employers of household helpers and persons in the personal service of another in relation to such workers; and (e) Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount for performing a specific work, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall be covered by this issuance insofar as such workers are concerned. As used herein, workers paid on piece-rate basis shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without

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regard to the time spent in producing the same. The term "its equivalent" as used in paragraph c) hereof shall include Christmas bonus, mid-year bonus, profit-sharing payments and other cash bonuses amounting to not less than 1/12th of the basic salary but shall not include cash and stock dividends, cost of living allowances and all other allowances regularly enjoyed by the employee, as well as non-monetary benefits. Where an employer pays less than 1/12th of the employees basic salary, the employer shall pay the difference. Sec. 4. Employees covered. - Except as provided in Section 3 of this issuance, all employees of covered employers shall be entitled to benefit provided under the Decree who are receiving not more than P1,000 a month, regardless of their position, designation or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year. Sec. 5. Option of covered employers. - A covered employer may pay one-half of the 13th-month pay required by the Decree before the opening of the regular school year and the other half on or before the 24th day of December of every year. In any establishment where a union has been recognized or certified as the collective bargaining agent of the employees therein, the periodicity or frequency of payment of the 13thmonth pay may be the subject of agreement. Nothing herein shall prevent

employers from giving the benefits provided in the Decree to their employees who are receiving more than One Thousand (P1,000) Pesos a month or benefits higher than those provided by the Decree. Sec. 6. Special feature of benefit. - The benefits granted under this issuance shall not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay, fringe benefits, as well as premium contributions to the State Insurance Fund, social security, medicare and private welfare and retirement plans. Sec. 7. Exemption of Distressed employers. Distressed employers shall qualify for exemption from the requirement of the Decree upon prior authorization by the Secretary of Labor. Petitions for exemptions may be filed within the nearest regional office having jurisdiction over the employer not later than January 15, 1976. The regional offices shall transmit the petitions to the Secretary of Labor within 24 hours from receipt thereof. Sec. 9. Adjudication of claims. - Nonpayment of the thirteenth-month pay provided by the Decree and these rules shall be treated as money claims cases and shall be processed in accordance with the Rules Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission. Sec. 10. Prohibition against reduction or elimination of benefits. - Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way,

supplements, or other employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this issuance. J. RA NO. 6657- COMPREHENSIVE AGRARIAN REFORM LAW i. Coverage In General- Regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proc. No. 131 and EO No. 229, including other lands of the public domain suitable for agriculture. Specifically: 1. All alienable and disposable lands of the public domain devoted to or suitable for agriculture; 2. All lands of the public domain in excess to the specific limits as determined by Congress; 3. All other lands owned by the Government devoted to or suitable for agriculture; and 4. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. ii. Excluded: Lands actually, directly and exclusively used and found to be necessary for the following purposes: 1. for parks, wildlife, forest reserves, reforestation; 2. for fish sanctuaries and breeding grounds; 3. for watersheds and mangroves; 4. for national defense;

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5. for school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes; 6. for seeds and seedlings research and pilot production center; 7. for church sites and convents appurtenant thereto; 8. for mosque sites and Islamic centers appurtenant thereto; 9. for communal burial grounds and cemeteries; 10.for penal colonies and penal farms actually worked by the inmates; 11.for government and private research and quarantine centers; 12.all lands with 18% slope and over, except those already developed; 13.Ancestral lands belonging to indigenous cultural communities until their boundaries and extent are duly identified and delineated by the proper governmental agency and segregated as part of the public domain. iii. Definition of Terms: Public Domain- refers to lands to which the government has propriety rights. Government Lands- include both public lands and other lands of the government already reserved for or devoted to public use or subject to private rights. Private Agricultural Lands- are those devoted to commercial livestock, poultry and swine raising, aquaculture including saltbeds, fishponds, and prawn ponds, fruit farms, orchards, vegetables and cut-

flower farms, and cacao, coffee and rubber plantation. Share Tenancymeans the relationship which exists whenever two persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and the other his labor, with either or both contributing any one or several of the items of production, the tenant cultivating the land personally with the aid or labor available from members of his immediate farm household, and the produce thereof to be divided between the landholder and the tenant. Leasehold System- is characterized by a tenant-farmer personally and actually cultivating the farmholding under a leasehold relationship whereby the lessee pays a fixed amount of rental whether in cash or in kind to the lessor (owner or legal possessor) of the land. iv. Establishment of Leasehold Relationship 1. By agreement of the parties (between the lessor and lessees)this may be entered into either orally or in writing, expressly or impliedly. 2. By operation of law- this is brought about by the implementation of RA No. 3844, Agricultural Land Reform Code, providing for the abolition of share tenancy. v. Establishment of Implied Leasehold Relationship

Implied leasehold relationship is established when the landholder: 1. does not object to the continued cultivation of the land, or 2. tolerates the continued cultivation thereof by the agricultural worker, and/or 3. the landholder continues to receive benefits from the cultivation of the land. SHARE TENANCY Tenant has physical possession of anothers land of the purpose of cultivating it giving the owner the share of the property. The tenant may choose to shoulder in addition to labor, any one or more items or production such as farm implements work animals, cost of final harrowing and transplanting. The tenant and the landholder are comanagers of farm holding. The tenant and the landholder divide the harvest in proportion to their contributions. LEASEHOLD TENANCY Lessee pays the landowner a fixed rent for the use and cultivation of land

The tenant-lessee always shoulders all items or production except land

The tenant is the sole manager of the farm holding The tenant or lessee gets the whole produce with mere obligation to pay rental

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vi. Family Sized Farm Under the Agricultural Land Reform Code or RA3844, a family sized farm constitutes an area of farmland that permits efficient use of labor and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm familys needs for food, clothing, shelter and education with possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income. vii. Retention Limit Except as otherwise provided, no person may own or retain, directly, any public or private agricultural land, the size of which shall vary according to factor governing a viable family-sized farm, infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC), but in no case shall the retention by the landowner exceed 5 hectares. The right to foreclose the area to be retained, which shall be compact or contiguous, shall pertain, to the landowner. viii. Rights of Child of Landowners under CARL 1. 3 hectares- may be awarded to each child of the landowner, regardless of the number of children the landowner has, and whether they are legitimate or illegitimate, provided that the filiation of the children who are illegitimate must be lawfully recognized by the landowner or duly established

according to law, subject to the following qualifications: That he is at least 15 years old; That he is actually tiling the land or directly managing the farm. 2. Children of landowners who are qualified, shall be given preference in the distribution of the land of their parents. ix. Exception to the Retention Limit: 1. Landowners whose lands have been covered by PD No. 27 shall be allowed to keep the area originally retained by them thereunder. NOTE: Under PD 27, landowners covered are entitled to retain 7 hectares of his landholding devoted to the production of rice and corn. 2. Original homestead grantees or direct compulsory heirs who still own the original homestead at the time of the approval of CARL (June 15, 1988) shall retain the same areas as long as they continue to cultivate said homestead. x. Qualified Beneficiaries: 1. landless residents of the same barangay; or in the absence thereof 2. landless residents of the same municipality in the following order of priority: agricultural lessees and share tenants; regular farm workers; seasonal farm workers; other farm workers; actual tillers or occupants of public lands;

collective or cooperatives of the above beneficiaries; and others directly working on the land. xi. Preferential Right of Children in the Distribution of Privatelyowned Agricultural Land Covered by CARL Children of landowners who are qualified shall be given preference in the distribution of the land of their parents. Provided, further, that actual tenant-tillers in the landholding shall not be ejected or remove therefrom. xii. Qualifications of a Beneficiary: 1. his willngness; 2. aptitude; 3. ability to cultivate and make land as productive as possible. xiii. Disqualifications: 1. Any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. 2. Beneficiaries under PD 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries under their program. xiv. Distribution Ceiling: No qualified beneficiary may own more than 3 hectares of agricultural land. Beneficiaries shall be awarded an area not exceeding 3 hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits.

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xv. Circumstances when Distribution Ceiling may be Exceeded The beneficiaries may opt for collective ownership, such as co-workers or farmers cooperative or some other form of collective organization. In such case, the total area that may be awarded shall not exceed the total number of workers or members of the cooperative or collective organization multiplied by the award limit above prescribed, except in meritorious cases as determined by PARC. Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization, as the case may be. xvi. Landless Beneficiary: For purposes of this Act, a landless beneficiary is one who owns less than 3 hectares of agricultural land. As a landless beneficiary, he can demand that the award ceiling of 3 hectares shall be completed which may be taken from other available private agricultural lands to be acquired either by voluntary offer to sell, voluntary land transfer or compulsory modes under the CARL. xvii. Rights given to Actual Tenant Tillers or Farmers in Place in cases where the Land Tilled by them is Transferred to a Qualified Beneficiary: a. Actual tenant-tillers in the landholding shall not be rejected or removed therefrom. b. Farmers already in place and those not accommodated in the

distribution of privately owned lands will be given preferential rights in the distribution of lands from the public domain. xviii. Rights given to those qualified beneficiaries who were not accommodated due to insufficiency of lands to be distributed If due to landowners retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the option of the beneficiaries. xix. Conditions for Sale or Conveyance to Third Persons of Land Retained The sale or disposition of agricultural lands retained by a landowner shall be valid as long as: the sale or disposition of agricultural lands after the effectivity of CARL should conform with the provisions of the said law, otherwise, such sale or disposition shall be null and void. the tenants or lessees preferential right to purchase the same should be recognized. In case the land is sold to third persons without his knowledge, he shall have a right to redeem the land in the manner prescribed by law. the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired

shall not exceed the landholdings ceilings provided for in this Act. transferees of agricultural lands shall furnish the appropriate Register of Deeds and the PARC with an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling. The RD shall not register the transfer of any agricultural land without the submission of this sworn statement together with proof of service of a copy thereof to the PARC. xx. Rights of the said TenantFarmer under CARL when Area selected for Retention by Landowner is Tenanted: 1. In case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. If the choice is to remain in the retained area- he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. If the choice is to be a beneficiary- he loses his right as a leaseholder to the land retained by the landowner. Period to exercise the option- the tenant must exercise this option within a period of 1 year from the time the landowner manifests his choice of the area for retention.

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2. In all case, the security of tenure of the farmer or farm workers on the land prior to the approval of this Act shall be respected. xxi. Modes of Acquiring Private Agricultural Lands under CARL: 1. Voluntary Offer to Sell- by and between the landowner and the government. Purchase price agreed upon by parties and paid by LBP. Exempt from taxes. 2. Voluntary Land Transfer- directly by and between the landowner and the beneficiary. Purchase price agreed upon by said parties but paid by LBP subject to approval of DAR. Not exempt from taxes. Conditions for Voluntary Land Transfer: a. All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP. Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after 1 year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act. b. The terms and conditions of such transfer shall not be less favorable to the transferee than those of the governments standing offer to purchase from the landowner and to resell to the beneficiaries, if such offers have

3.

a. b.

c.

d.

e.

been made and are fully known to both parties. Compulsory Acquisitionundertaken by government, thru DAR, in the exercise of police power if landowner fails to avail of the two modes or when parties in the second mode disagrees on the price of the land. xxii. Procedure for the Acquisition of Private Lands under CARL Identification of the land, the landowners and the beneficiaries. DAR shall sent notice to acquire the land with offer to pay the corresponding value to the owners thereof, by personal delivery or registered mail, and post the same in a conspicuous place in the municipal building and barangay shall of the place where the property is located. Within 30 days from the date of receipt of written notice, the landowner, his administrator or representative shall inform the DAR of his acceptance or rejection of the offer. In case landowner accepts the offer, the LBP shall pay the landowner the purchase price of land within 30 days after he executes and delivers a deed of transfer in favor of the Government and surrenders the Certificate of Title and other muniments of title. In case of rejection or failure to reply, the DAR shall conduct summary administrative

proceedings to determine just compensation. After the expiration of the above period, the matter is deemed submitted for decision. The DAR shall decide the case within 30 days after it is submitted for decision. f. Upon receipt by the landowner of the corresponding payment or in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or LBP bonds, the DAR shall take immediate possession of the land and shall request the proper RD to issue TCT in the name of the Republic. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries. g. Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation. xxiii. Compensation In determining just compensation, the following shall be considered: 1. the cost of acquisition of the land; 2. the current value of like properties, 3. its nature, actual use and income, 4. the sworn valuation by the owner, the tax declaration, 5. the assessment made by government assessors, 6. additional factor, such as: the social and economic benefits contributed by the farmers and the farm workers and by government to the property

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non-payment of taxes or loans secured from any government financing institution on the said land. xxiv. Amount of Just Compensation for Lands Acquired under CARL The LBP shall compensate the landowner in such amount: 1. as may be agreed upon by the landowner and the DAR and LBP; or 2. as may be finally determined by the court as just compensation for the land. xxv. Determination of Just Compensation by DAR for Lands Acquired under CARL is not an usurpation of Judicial Function According to the Supreme Court, the determination of just compensation is a function addressed to the courts of justice and may not be usurped by any other branch of official of the government. A reading of Section 16 (d) will readily show that it does not suffer from the arbitrariness that rendered the challenged decrees constitutionally objectionable. The determination of the just compensation by the DAR is not by any means final and conclusive upon the landowner or any other interested party who may bring the matter to the court of proper jurisdiction for final determination of just compensation. The determination made by the DAR is only preliminary unless accepted by all parties concerned. Otherwise, the courts of justice will still have the right to review with finality the said

determination in the exercise of what is admittedly a judicial function (Nicolas vs. Manaay GR No. 79777). Payments to the Landowner Payments by the Beneficiary

1. CASH payment, under the following terms and conditions: a. Lands 24 hectares and below- 35% cash + balance to be paid in government financial instruments negotiable at any time. b. Lands above 24 hectares and up to 50 hectares- 30% cash + balance to be paid in government financial instruments negotiable at any time. c. For lands above 50 hectares, insofar as the excess in 50 hectares is concerned25% cast + balance to be paid in government financial instruments negotiable at any time. 2. SHARES OF STOCK in GOCC, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARC. 3. TAX CREDITS which can be used against any tax liability. 4. LBP BONDS

1. Payments shall be made to the LBP in 30 annual installments at 6% interest per annum; 2. Payments for the first 3 years shall be at reduced amounts as may be established by the PARC; 3. Payments corresponding to the first 5 annual amortizations may not exceed 5% of the value of the annual gross production as established by DAR. 4. Annual payments as scheduled by the LBP that exceeds 10% of the annual gross production after the 5th year of amortizations, may be entitled to a reduction of the interest rate provided in this Act, or a reduction of the principal obligation, whichever is deemed beneficial and less burdensome to the beneficiary and affordable. This is provided that the failure to produce is not attributable to the beneficiarys fault like drought, typhoon, fire, flood or other natural calamities or fortuitous circumstances.

xxvi. Effects of Failure to Pay by the Beneficiary All lands awarded under RA 6657 are mortgaged with the LBP which has a first lien thereof, failure on the part of the awardee to pay at least 3 aggregate annual amortizations, shall be sufficient ground for the foreclosure of the mortgage. Foreclosure has the effect of forfeiture of the beneficiarys landholding in favor of the government and thereafter the DAR shall award such forfeited landholdings to other qualified beneficiary. a. Limitation: Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed for a period of 10 years, except: 1. through hereditary succession, or 2. when sold, transferred or conveyed to: the LBP, or the government, or other qualified beneficiaries b. Rationale for 10 years Limitation: The reason is that after making use of land deriving maximum benefits and income therefrom for the period of 10 years, the awardee must have already attained his dream of providing proper education for his children or at least his hunger for the soil which he can call his own, must have been satisfied reasonably. At least that after 10 continuous years of enjoyment of the governments bounty the tenantfarmer has not more reason to

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complain that he has been neglected by the government. SECTION 27. Transferability of Awarded Lands. Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed except through hereditary succession, or to the government, or the LBP, or to other qualified beneficiaries for a period of ten (10) years: provided, however, that the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. Due notice of the availability of the land shall be given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided, shall, in turn, be given due notice thereof by the BARC. If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph. In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid, together with the value of improvements he has made on the land.

SECTION 28. Standing Crops at the Time of Acquisition. The landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of the Act, and shall be given a reasonable time to harvest the same. Administrative Adjudication SECTION 50. Quasi-Judicial Powers of the DAR. The DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR). It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive determination for every action or proceeding before it. It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces

tecum, and enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR: provided, however, that when there are two or more representatives for any individual or group, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately executory. SECTION 51. Finality of Determination. Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof. SECTION 52. Frivolous Appeals. To discourage frivolous or dilatory appeals from the decisions or orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not limited to fines or censures upon erring parties. SECTION 53. Certification of the BARC. The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for

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mediation and conciliation without any success of settlement is presented: provided, however, that if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation the case or dispute may be brought before the PARC. Judicial Review SECTION 56. Special Agrarian Court. The Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court. The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province.n the designation, the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations. The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts. SECTION 57. Special Jurisdiction. The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to

landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts, unless modified by this Act. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. SECTION 65. Conversion of Lands. After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: provided, that the beneficiary shall have fully paid his obligation. SECTION 66. Exemptions from Taxes and Fees of Land Transfers. Transactions under this Act involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from taxes arising from capital gains. These transactions shall also be exempted from the payment of registration fees, and all other taxes and fees for the conveyance or transfer thereof; provided, that all arrearages in real property taxes, without penalty or interest, shall be deductible from the compensation to which the owner may be entitled. SECTION 67. Free Registration of Patents and

Titles. All Registers of Deeds are hereby directed to register, free from payment of all fees and other charges, patents, titles and documents required for the implementation of the CARP. SECTION 68. Immunity of Government Agencies from Undue Interference. No injunction, restraining order, prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR), the Department of Agriculture (DA), the Department of Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the program. SECTION 73. Prohibited Acts and Omissions. The following are prohibited: (a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries. (b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program. (c) The conversion by any landowner of his agricultural land into any nonagricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers of the land tilled by them. (d) The willful prevention or obstruction by any person, association or entity of the implementation of the CARP.

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(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act. (f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act. SECTION 74. Penalties. Any person who knowingly or willfully violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00), or both, at the discretion of the court. If the offender is a corporation or association, the officer responsible therefore shall be criminally liable. K. Salient Provisions of RA NO. 9231 amending RA NO. 7610 SEC. 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows: SEC. 12. Employment of Children. Children below fifteen (15) years of age shall not be

employed except: 1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or 2) Where a childs employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the Employment contract is concluded by the childs parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection, health, safety, morals and normal development of the child: (b) The employer shall institute measures to prevent the childs exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisitions of the child. In the aboveexceptional cases where any such child may be employed, the employer shall first

secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age." SEC. 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows: SEC. 12-A. Hours of Work of a Working Child. Under the exceptions provided in Section 12 of this Act, as amended: (1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; (2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week: (3) No child below fifteen (15) years of age shall be allowed to work between eight oclock I the evening and sic oclock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten oclock in the evening and six oclock in the morning of the following day. SEC. 12-B. Ownership, Usage and administration the Working Childs Income. The wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support,

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education or skills acquisition and secondarily to the collective needs of the family: Provided, That not more than twenty percent (20%) of the childs income may be used for the collective needs of the family. The income of the working child and/or the property acquired through the work of the child shall be administered by both parents. In the absence or incapacity of either of the parents, the other parent shall administer the same. In case both parents are absent or incapacitated, the order preference on parental authority as provided for under the Family Code shall apply. Sec. 12-C. Trust fund to Preserve Part of the Working Childs Income. The parent or legal guardian of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority. Sec. 12-D. Prohibition Against Worst Forms of Child Labor. No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: (1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar

to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or (2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or (3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or (4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being: or b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or c) Is performed underground, underwater or at dangerous heights; or d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or f) Is performed in an unhealthy environment exposing the child to hazardous working

conditions, elements, substances, coagents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or g) Is performed under particularly difficult conditions: or h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or I) Involves the manufacture or handling of explosives and other pyrotechnic products. Sec. 4. Section 13 of the same Act is hereby amended to read as follows: SEC. 13. Access to Education and Training for Working Children a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education. b) To ensure and guarantee the access; of the working child to education and training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuity

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research and development program for the necessary and relevant alternative education of the working child. c) The DEPED shall promulgate a course design under its nonformal education program aimed at promoting the intellectual, moral and vocational efficiency to working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. SEC. 5. Section 14 of the same Act is hereby amended to read as follows: Sec.14. Prohibition on the Employment of Children in Certain Advertisements. No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverage, intoxicating drinks, tobacco and its byproducts, gambling or any for of violence or pornography. -ENDRespect the works of others. Liberty Roxas Ll.B

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