Republic Act No.

8282 May 01, 1997

AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING

FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE
SOCIAL SECURITY LAW

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Republic Act No. 1161, as amended, otherwise known as the "Social Security Law", is
hereby furtheramended to read as follows:

"SECTION 1. Short Title. - This Act shall be known as the "AN ACT FURTHER STRENGTHENING
THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT
NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW."

"SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to establish, develop,
promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people
throughout the Philippines which shall promote social justice and provide meaningful protection to members
and their beneficiaries against the hazards of disability, sickness, maternity, old age, death, and other
contingencies resulting in loss of income or financial burden. Towards this end, the State shall endeavor to
extend social security protection to workers and their beneficiaries.

"SEC. 3. Social Security System. - (a) To carry out the purposes of this Act, the Social Security System,
hereinafter referred to as 'SSS', a corporate body, with principal place of business in Metro Manila,
Philippines is hereby created. The SSS shall be directed and controlled by a Social Security Commission,
hereinafter referred to as 'Commission', composed of the Secretary of Labor and Employment or his duly
designated undersecretary, the SSS president and seven (7) appointive members, three (3) of whom shall
represent the workers' group, at least one of whom shall be a woman; three (3), the employers' group, at least
one (1) of whom shall be a woman; and one (1), the general public whose representative shall have adequate
knowledge and experience regarding social security, to be appointed by the President of the Philippines. The
six (6) members representing workers and employers shall be chosen from among the nominees of workers'
and employers' organizations, respectively. The Chairman of the Commission shall be designated by the
President of the Philippines from among its members. The term of the appointive members shall be three (3)
years: Provided, That the terms of the first six (6) appointive members shall be one (1), two (2) and three (3)
years for every two members, respectively: Provided, further, That they shall continue to hold office until
their successors shall have been appointed and duly qualified. All vacancies, prior to the expiration of the
term, shall be filled for the unexpired term only. The appointive members of the Commission shall receive at
least two thousand five hundred pesos (P2,500.00) per diem for each meeting actually attended by them but
not to exceed Ten thousand pesos (P10,000.00) a month:: Provided, That members of the Commission shall
also receive a per diem of at least Two thousand five hundred pesos (P2,500.00) but not to exceed Fifteen
thousand pesos (P15,000.00) a month: Provided , further, That said members of the Commission shall also
receive reasonable transportation and representation allowances as may be fixed by the Commission, but not
to exceed Ten thousand pesos (P10,000.00) a month.

"(b) The general conduct of the operations and management functions of the SSS shall be vested in the SSS
President who shall serve as the chief executive officer immediately responsible for carrying out the program
of the SSS and the policies of the Commission. The SSS President shall be a person who has had previous
experience in the technical and administrative fields related to the purposes of this Act. He shall be appointed
by the President of the Philippines and shall receive salary to be fixed by the Commission with the approval
of the President of the Philippines, payable from the funds of the SSS.

"(c) The Commission, upon the recommendation of the SSS President, shall appoint an actuary, and such
other personnel as may be deemed necessary, fix their reasonable compensation, allowances and other
benefits, prescribe their duties and establish such methods and procedures as may be necessary to insure the
efficient, honest and economical administration of the provisions and purposes of this
Act: Provided,however, That the personnel of the SSS below the rank of Vice-President shall be appointed
by the SSS President: Provided, further, That the personnel appointed by the SSS President, except those
below the rank of assistant manager, shall be subject to the confirmation by the
Commission: Provided, further, That the personnel of the SSS shall be selected only from civil service
eligibles and be subject to civil service rules and regulations: Provided, finally, That the SSS shall be exempt
from the provisions of Republic Act No. 6758 and Republic Act No. 7430.

"SEC. 4. Powers and Duties of the Commission and SSS. - (a) The Commission. - For the attainment of its
main objectives as set forth in Section 2 hereof, the Commission shall have the following powers and duties:

"(1) To adopt, amend and rescind, subject to the approval of the President of the Philippines, such
rules and regulations as may be necessary to carry out the provisions and purposes of this Act;
 "(2) To establish a provident fund for the members which will consist of voluntary contributions of
employers and/or employees, self-employed and voluntary members and their earnings, for the
payment of benefits to such members or their beneficiaries, subject to such rules and regulations as it
may promulgate and approved by the President of the Philippines;

"(3) To maintain a provident fund which consists of contributions made by both the SSS and its
officials and employees and their earnings, for the payment of benefits to such officials and
employees or their heirs under such terms and conditions as it may prescribe;

"(4) To approve restructuring proposals for the payment of due but unremitted contributions and
unpaid loan amortizations under such terms and conditions as it may prescribe;

"(5) To authorize cooperatives registered with the cooperative development authority or associations
registered with the appropriate government agency to act as collecting agents of the SSS with respect
to their members: Provided, That the SSS shall accredit the cooperative or
association: Provided,further, That the persons authorized to collect are bonded;

"(6) To compromise or release, in whole or in part, any interest, penalty or any civil liability to SSS
in connection with the investments authorized under Section 26 hereof, under such terms and
conditions as it may prescribe and approved by the President of the Philippines; and

"(7) To approve, confirm, pass upon or review any and all actions of the SSS in the proper and
necessary exercise of its powers and duties hereinafter enumerated.

"(b) The Social Security System. - Subject to the provision of Section four (4), paragraph seven (7) hereof,
the SSS shall have the following powers and duties:

"(1) To submit annually not later than April 30, a public report to the President of the Philippines
and to the Congress of the Philippines covering its activities in the administration and enforcement
of this Act during the preceding year including information and recommendations on broad policies
for the development and perfection of the program of the SSS;

"(2) To require the actuary to submit a valuation report on the SSS benefit program every four (4)
years, or more frequently as may be necessary, to undertake the necessary actuarial studies and
calculations concerning increases in benefits taking into account inflation and the financial stability
of the SSS, and to provide for feasible increases in benefits every four (4) years, including the
addition of new ones, under such rules and regulations as the Commission may adopt, subject to the
approval of the President of the Philippines: Provided, That the actuarial soundness of the reserve
fund shall be guaranteed: Provided, further, That such increases in benefits shall not require any
increase in the rate of contribution;

"(3) To establish offices of the SSS to cover as many provinces, cities and congressional districts,
whenever and wherever it may be expedient, necessary and feasible, and to inspect or cause to be
inspected periodically such offices;

"(4) To enter into agreements or contracts for such service and aid, as may be needed for the proper,
efficient and stable administration of the SSS;

"(5) To adopt, from time to time, a budget of expenditures including salaries of personnel, against all
funds available to the SSS under this Act;

"(6) To set up its accounting system and provide the necessary personnel therefor;

"(7) To require reports, compilations and analyses of statistical and economic data and to make
investigation as may be needed for the proper administration and development of the SSS;

"(8) To acquire and dispose of property, real or personal, which may be necessary or expedient for
the attainment of the purposes of this Act;

"(9) To acquire, receive, or hold, by way of purchase, expropriation or otherwise, public or private
property for the purpose of undertaking housing projects preferably for the benefit of low-income
members and for the maintenance of hospitals and institutions for the sick, aged and disabled, as
well as schools for the members and their immediate families;

"(10) To sue and be sued in court; and

 "(11) To perform such other corporate acts as it may deem appropriate for the proper enforcement of
this Act.

"SEC. 5. Settlement of Disputes. - (a) Any dispute arising under this Act with respect to coverage, benefits,
contributions and penalties thereon or any other matter related thereto, shall be cognizable by the
Commission, and any case filed with respect thereto shall be heard by the Commission, or any of its
members, or by hearing officers duly authorized by the Commission and decided within twenty (20) days
after the submission of the evidence. The filing, determination and settlement of disputes shall be governed
by the rules and regulations promulgated by the Commission.

"(b) Appeal to Courts. - Any decision of the Commission, in the absence of an appeal therefrom as
hereinProvided, shall become final and executory fifteen (15) days after the date of notification, and judicial
review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his
remedies before the Commission. The Commission shall be deemed to be a party to any judicial action
involving any such decision, and may be represented by an attorney employed by the Commission, or when
requested by the Commission, by the Solicitor General or any public prosecutors.

"(c) Court Review. - The decision of the Commission upon any disputed matter may be reviewed both upon
the law and the facts by the Court of Appeals. For the purpose of such review, the procedure concerning
appeals from the Regional Trial Court shall be followed as far as practicable and consistent with the
purposes of this Act. Appeal from a decision of the Commission must be taken within fifteen (15) days from
notification of such decision. If the decision of the Commission involves only questions of law, the same
shall be reviewed by the Supreme Court. No appeal bond shall be required. The case shall be heard in a
summary manner, and shall take precedence over all cases, except that in the Supreme Court, criminal cases
wherein life imprisonment or death has been imposed by the trial court shall take precedence. No appeal
shall act as a supersedeas or a stay of the order of the Commission unless the Commission itself, or the Court
of Appeals or the Supreme Court, shall so order.

"(d) Execution of Decisions. - The Commission may, motu proprio or on motion of any interested party,
issue a writ of execution to enforce any of its decisions or awards, after it has become final and executory, in
the same manner as the decision of the Regional Trial Court by directing the city or provincial sheriff or the
sheriff whom it may appoint to enforce such final decision or execute such writ; and any person who shall
fail or refuse to comply with such decision, award or writ, after being required to do so shall, upon
application by the Commission pursuant to Rule 71 of the Rules of Court, be punished for contempt.

"SEC. 6. Auditor and Counsel. - (a) The Chairman of the Commission on Audit shall be the ex-officio
Auditor of the SSS. He or his representative shall check and audit all the accounts, funds and properties of
the SSS in the same manner and as frequently as the accounts, funds and properties of the government are
checked and audited under existing laws, and he shall have, as far as practicable, the same powers and duties
as he has with respect to the checking and auditing of public accounts, funds and properties in general.

"(b) The Secretary of Justice shall be the ex-officio counsel of the SSS. He or his representative shall act as
legal adviser and counsel thereof.

"SEC. 7. Oaths, Witnesses, and Production of Records. - When authorized by the Commission, an official or
employee thereof shall have the power to administer oath and affirmation, take depositions, certify to official
acts, and issue subpoena and subpoena duces tecum to compel the attendance of witnesses and the
production of books, papers, correspondence and other records deemed necessary as evidence in connection
with any question arising under this Act. Any case of contumacy shall be dealt with by the Commission in
accordance with law.

"SEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the context indicates
otherwise, have the following meanings:

"(a) SSS - The Social Security System created by this Act.

"(b) Commission - The Social Security Commission as herein created.

"(c) 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: Provided,
That a self-employed person shall be both employee and employer at the same time.

"(d) Employee - Any person who performs services for an employer in which either or both mental or
physical efforts are used and who receives compensation for such services, where there is an employer-
employee relationship: Provided, That a self-employed person shall be both employee and employer at the
same time.

"(e) Dependents - The dependents shall be the following:

"(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 twenty-one (21) years of age, or if over twenty-one (21)
years of age, he is congenitally or while still a minor has been permanently incapacitated and
incapable of self-support, physically or mentally; and

"(3) The parent who is receiving regular support from the member.

"(f) Compensation - All actual remuneration for employment, including the mandated cost-of-living
allowance, as well as the cash value of any remuneration paid in any medium other than cash except that part
of the remuneration in excess of the maximum salary credit as Provided under Section Eighteen of this Act.

"(g) Monthly salary credit - The compensation base for contributions and benefits as indicated in the
schedule in Section Eighteen of this Act.

"(h) Monthly - The period from one end of the last payroll period of the preceding month to the end of the
last payroll period of the current month if compensation is on hourly, daily or weekly basis; if on any other
basis, 'monthly' shall mean a period of one (1) month.

"(i) Contribution - The amount paid to the SSS by and on behalf of the members in accordance with Section
Eighteen of this Act.

"(j) Employment - Any service performed by an employee for his employer except:

"(1) Employment purely casual and not for the purpose of occupation or business of the employer;

"(2) Service performed on or in connection with an alien vessel by an employee if he is employed

when such vessel is outside the Philippines;

"(3) Service performed in the employ of the Philippine Government or instrumentality or agency
thereof;

"(4) Service performed in the employ of a foreign government or international organization, or their
wholly-owned instrumentality: Provided, however, That this exemption notwithstanding, any foreign
government, international organization or their wholly-owned instrumentality employing workers in
the Philippines or employing Filipinos outside of 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: Provided, further, That the terms of
such agreement shall conform with the provisions of this Act on coverage and amount of payment of
contributions and benefits: Provided, finally, That the provisions of this Act shall be supplementary
to any such agreement; and

"(5) Such other services performed by temporary and other employees which may be excluded by
regulation of the Commission. Employees of bona fide independent contractors shall not be deemed
employees of the employer engaging the service of said contractors.

"(k) Beneficiaries - 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: Provided,
That the dependent illegitimate children shall be entitled to fifty percent (50%) of the share of the legitimate,
legitimated or legally adopted children: Provided, further, That in the absence of the dependent legitimate,
legitimated children of the member, his/her dependent illegitimate children shall be entitled to one hundred
percent (100%) of the benefits. In their absence, the dependent parents who shall be the secondary
beneficiaries of the member. In the absence of all the foregoing, any other person designated by the member
as his/her secondary beneficiary.

"(l) Contingency - The retirement, death, disability, injury or sickness and maternity of the member.

"(m) Average monthly salary credit - The result obtained by dividing the sum of the last sixty (60) monthly
salary credits immediately preceding the semester of contingency by sixty (60), or the result obtained by
dividing the sum of all the monthly salary credits paid prior to the semester of contingency by the number of
monthly contributions paid in the same period, whichever is greater: Provided, That the injury or sickness
which caused the disability shall be deemed as the permanent disability for the purpose of computing the
average monthly salary credit.

"(n) Average daily salary credit- The result obtained by dividing the sum of the six (6) highest monthly
salary credits in the twelve-month period immediately preceding the semester of contingency by one hundred
eighty (180).

"(o) Semester - A period of two (2) consecutive quarters ending in the quarter of contingency.

"(p) Quarter - A period of three (3) consecutive calendar months ending on the last day of March, June,
September and December.

"(q) Credited years of service - For a member covered prior to January nineteen hundred and eighty five
(1985) minus the calendar year of coverage plus the number of calendar years in which six (6) or more
contributions have been paid from January nineteen hundred and eighty five (1985) up to the calendar year
containing the semester prior to the contingency. For a member covered in or after January nineteen hundred
and eighty five (1985), the number of calendar years in which six (6) or more contributions have been paid
from the year of coverage up to the calendar year containing the semester prior to the contingency: Provided,
That the Commission may provide for a different number of contributions in a calendar year for it to be
considered as a credited year of service.

"(r) Member - The worker who is covered under Section Nine and Section Nine-A of this Act.

"(s) Self-employed - Any person whose income is not derived from employment, as defined under this Act,
as well as those workers enumerated in Section Nine-A hereof.

"(t) Net earnings - Net income before income taxes plus non-cash charges such as depreciation and depletion
appearing in the regular financial statement of the issuing or assuming institution.

"(u) Fixed charges - Recurring expense such as amortization of debt discount or rentals for leased properties,
including interest on funded and unfunded debt.

"SEC. 9. Coverage. - (a) Coverage in the SSS shall be compulsory upon all employees not over sixty (60)
years of age and their employers: Provided, That in the case of domestic helpers, their monthly income shall
not be less than One thousand pesos (P1,000.00) a month: Provided, further, That any benefit already earned
by the employees under private benefit plans existing at the time of the approval of this Act shall not be
discontinued, reduced or otherwise impaired: Provided, further, That private plans 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 employer's 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 employer's total contribution to his benefit plan and to the SSS shall be
the same as his contribution to his private benefit plan before the compulsory coverage: Provided,further,
That 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 contributions
thereto as a result of the integration, shall be subject to agreements between the employers and employees
concerned: Provided, further, That the private benefit plan which the employer shall continue for his
employees shall remain under the employer's management and control unless there is an existing agreement
to the contrary: Provided, finally, That 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.

"(b) Spouses who devote full time to managing the household and family affairs, unless they are also
engaged in other vocation or employment which is subject to mandatory coverage, may be covered by the
SSS on a voluntary basis.

"(c) Filipinos recruited by foreign-based employers for employment abroad may be covered by the SSS on a
voluntary basis.

"SEC. 9-A. Compulsory Coverage of the Self-Employed. - Coverage in the SSS shall also be compulsory
upon such self-employed persons as may be determined by the Commission under such rules and regulations
as it may prescribe, including but not limited to the following:

"1. All self-employed professionals;

"2. Partners and single proprietors of businesses;

 "3. 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;

"4. Professional athletes, coaches, trainers and jockeys; and

"5. Individual farmers and fishermen.

"Unless otherwise specified herein, all provisions of this Act applicable to covered employees shall also be
applicable to the covered self-employed persons.

"SEC. 10. Effective Date of Coverage. - Compulsory coverage of the employer shall take effect on the first
day of his operation and that of the employee on the day of his employment: Provided, That the compulsory
coverage of the self-employed person shall take effect upon his registration with the SSS.

"SEC. 11. Effect of Separation from Employment. - When an employee under compulsory coverage is
separated from employment, his employer's contribution on his account and his obligation to pay
contributions arising from that employment shall cease at the end of the month of separation, but said
employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the
provisions of this Act. He may, however, continue to pay the total contributions to maintain his right to full
benefit.

"SEC. 11-A. Effect of Interruption of Business or Professional Income. - If the self-employed realizes no
income in any given month, he shall not be required to pay contributions for that month. He may, however,
be allowed to continue paying contributions under the same rules and regulations applicable to a separated
employee member: Provided, That no retroactive payment of contributions shall be allowed other than as
prescribed under Section Twenty-two-A hereof.

"SEC. 12. Monthly Pension. - (a) The monthly pension shall be the highest of the following amounts:

"(1) The sum of the following:

"(i) Three hundred pesos (P300.00; plus

"(ii) Twenty percent (20%) of the average monthly salary credit; plus

"(iii) Two percent (2%) of the average monthly salary credit for each credited year of service
in excess of ten (10) years; or

"(2) Forth percent (40%) of the average monthly salary credit; or

"(3) One thousand pesos (P1,000.00): Provided, That the monthly pension shall in no case be paid
for an aggregate amount of less than sixty (60) months.

"(b) Notwithstanding the preceding paragraph, the minimum pension shall be One thousand two hundred
pesos (P1,200.00) for members with at least ten (10) credited years of service and Two thousand four
hundred pesos (P2,400.00) for those with twenty (20) credited years of service.

"SEC. 12-A. Dependents' Pension. - Where monthly pension is payable on account of death, permanent total
disability or retirement, dependents' pension equivalent to ten percent (10%) of the monthly pension or Two
hundred fifty pesos (P250.00), whichever is higher, shall also be paid for each dependent child conceived on
or before the date of the contingency but not exceeding five (5), beginning with the youngest and without
substitution: Provided, That where there are legitimate or illegitimate children, the former shall be preferred.

SEC. 12-B. Retirement Benefits. - (a) A member who has paid at least one hundred twenty (120) monthly
contributions prior to the semester of retirement and who: (1) has reached the age of sixty (60) years and is
already separated from employment or has ceased to be self-employed; or (2) has reached the age of sixty-
five (65) years, shall be entitled for as long as he lives to the monthly pension: Provided, That he shall have
the option to receive his first eighteen (18) monthly pensions in lump sum discounted at a preferential rate of
interest to be determined by the SSS.

"(b) A covered member who is sixty (60) years old at retirement and who does not qualify for pension
benefits under paragraph (a) above, shall be entitled to a lump sum benefit equal to the total contributions
paid by him and on his behalf: Provided, That he is separated from employment and is not continuing
payment of contributions to the SSS on his own.
"(c) The monthly pension shall be suspended upon the reemployment or resumption of self-employment of a
retired member who is less than sixty-five (65) years old. He shall again be subject to Section Eighteen and
his employer to Section Nineteen of this Act.

"(d) Upon the death of the retired member, his primary beneficiaries as of the date of his retirement shall be
entitled to receive the monthly pension: Provided, That if he has no primary beneficiaries and he dies within
sixty (60) months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a
lump sum benefit equivalent to the total monthly pensions corresponding to the balance of the five-year
guaranteed period, excluding the dependents' pension.

"(e) The monthly pension of a member who retires after reaching age sixty (60) shall be the higher of either:
(1) the monthly pension computed at the earliest time he could have retired had he been separated from
employment or ceased to be self-employed plus all adjustments thereto; or (2) the monthly pension
computed at the time when he actually retires.

"SEC. 13. Death Benefits. - Upon the death of a member who has paid at least thirty-six (36) monthly
contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly
pension: Provided, That if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a
lump sum benefit equivalent to thirty-six (36) times the monthly pension. If he has not paid the required
thirty-six (36) monthly contributions, his primary or secondary beneficiaries shall be entitled to a lump sum
benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or
twelve (12) times the monthly pension, whichever is higher.

"SEC. 13-A. Permanent Disability Benefits. - (a) Upon the permanent total disability of a member who has
paid at least thirty-six (36) monthly contributions prior to the semester of disability, he shall be entitled to the
monthly pension: Provided, That if he has not paid the required thirty-six (36) monthly contributions, he
shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly
contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher. A member who
(1) has received a lump sum benefit; and (2) is reemployed or has resumed self-employment not earlier than
one (1) year from the date of his disability shall again be subject to compulsory coverage and shall be
considered a new member.

"(b) The monthly pension and dependents' pension shall be suspended upon the reemployment or resumption
of self-employment or the recovery of the disabled member from his permanent total disability or his failure
to present himself for examination at least once a year upon notice by the SSS.

"(c) Upon the death of the permanent total disability pensioner, his primary beneficiaries as of the date of
disability shall be entitled to receive the monthly pension: Provided, That if he has no primary beneficiaries
and he dies within sixty (60) months from the start of his monthly pension, his secondary beneficiaries shall
be entitled to a lump sum benefit equivalent to the total monthly pensions corresponding to the balance of the
five-year guaranteed period excluding the dependents' pension.

"(d) The following disabilities shall be deemed permanent total:

"1. Complete loss of sight of both eyes;

"2. Loss of two limbs at or above the ankle or wrists;

"3. Permanent complete paralysis of two limbs;

"4. Brain injury resulting to incurable imbecility or insanity; and

"5. Such cases as determined and approved by the SSS.

"(e) If the disability is permanent partial, and such disability occurs before thirty-six (36) monthly
contributions have been paid prior to the semester of disability, the benefit shall be such percentage of the
lump sum benefit described in the preceding paragraph with due regard to the degree of disability as the
Commission may determine.

"(f) If the disability is permanent total and such disability occurs after thirty-six (36) monthly contributions
have been paid prior to the semester of disability, the benefit shall be the monthly pension for permanent
total disability payable not longer than the period designated in the following schedule:

Complete and permanent Number of

loss of use of Months
 One thumb 10
One index finger 8
One middle finger 6
One right finger 5
One little finger 3
One big toe 6
One hand 39
One arm 50
One foot 31
One leg 46
One ear 10
Both ears 20
Hearing of one ear 10
Hearing of both ears 50
Sight of one eye 25

"(g) The percentage degree of disability which is equivalent to the ratio that the designated number of
months of compensability bears to seventy-five (75), rounded to the next higher integer, shall not be additive
for distinct, separate and unrelated permanent partial disabilities, but shall be additive for deteriorating and
related permanent partial disabilities to a maximum of one hundred percent (100%), in which case, the
member shall be deemed as permanently totally disabled.

"(h) In case of permanent partial disability, the monthly pension benefit shall be given in lump sum if it is
payable for less than twelve (12) months.

"(i) For the purpose of adjudicating retirement, death and permanent total disability pension benefits,
contributions shall be deemed paid for the months during which the member received partial disability
pension: Provided, That such contributions shall be based on his last contribution prior to his disability.

"(j) Should a member who is on partial disability pension retire or die, his disability pension shall cease upon
his retirement or death.

"SEC. 13-B. Funeral Benefit. - A funeral grant equivalent to Twelve thousand pesos (P12,000.00) 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.

"SEC. 14. Sickness Benefit. - (a) A member who has paid at least three (3) monthly contributions in the
twelve-month period immediately preceding the semester of sickness or injury and is confined therefor for
more than three (3) days in a hospital or elsewhere with the approval of the SSS, shall, for each day of
compensable confinement or a fraction thereof, be paid by his employer, or the SSS, if such person is
unemployed or self-employed, a daily sickness benefit equivalent to ninety percent (90%) of his average
daily salary credit, subject to the following conditions:

"(1) In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) days in one (1)
calendar year, nor shall any unused portion of the one hundred twenty (120) days of sickness benefit granted
under this section be carried forward and added to the total number of compensable days allowable in the
subsequent year;

"(2) The daily sickness benefit shall not be paid for more than two hundred forty (240) days on account of
the same confinement; and

"(3) The employee member shall notify his employer of the fact of his sickness or injury within five (5)
calendar days after the start of his confinement unless such confinement is in a hospital or the employee
became sick or was injured while working or within the premises of the employer in which case, notification
to the employer is necessary: Provided, That if the member is unemployed or self-employed, he shall directly
notify the SSS of his confinement within five (5) calendar days after the start thereof unless such
confinement is in a hospital in which case notification is also not necessary: Provided, further, That in cases
where notification is necessary, the confinement shall be deemed to have started not earlier than the fifth day
immediately preceding the date of notification.
"(b) The compensable confinement shall begin on the first day of sickness, and the payment of such
allowances shall be promptly made by the employer every regular payday or on the fifteenth and last day of
each month, and similarly in the case of direct payment by the SSS, for as long as such allowances are due
and payable: Provided, That such allowance shall begin only after all sick leaves of absence with full pay to
the credit of the employee member shall have been exhausted.

"(c) One hundred percent (100%) of the daily benefits Provided in the preceding paragraph shall be
reimbursed by the SSS to said employer upon receipt of satisfactory proof of such payment and legality
thereof: Provided, That the employer has notified the SSS of the confinement within five (5) calendar days
after receipt of the notification from the employee member: Provided, further, That if the notification to the
SSS is made by the employer beyond five (5) calendar days after receipt of the notification from the
employee member, said employer shall be reimbursed only for each day of confinement starting from the
tenth calendar day immediately preceding the date of notification to the SSS: Provided, finally, That the SSS
shall reimburse the employer or pay the unemployed member only for confinement within the one-year
period immediately preceding the date the claim for benefit or reimbursement is received by the SSS, except
confinement in a hospital in which case the claim for benefit or reimbursement must be filed within one (1)
year from the last day of confinement.

"(d) Where the employee member has given the required notification but the employer fails to notify the SSS
of the confinement or to file the claim for reimbursement within the period prescribed in this section
resulting in the reduction of the benefit or denial of the claim, such employer shall have no right to recover
the corresponding daily allowance he advanced to the employee member as required in this section.

"(e)The claim of reimbursement shall be adjudicated by the SSS within a period of two (2) months from
receipt thereof: Provided, That should no payment be received by the employer within one (1) month after
the period prescribed herein for adjudication, the reimbursement shall thereafter earn simple interest of one
percent (1%) per month until paid.

"(f) The provisions regarding the notification required of the member and the employer as well as the period
within which the claim for benefit or reimbursement may be filed shall apply to all claims filed with the SSS.

"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3) monthly
contributions in the twelve-month period immediately preceding the semester of her childbirth or
miscarriage shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her average
daily salary credit for sixty (60) days or seventy-eight (78) days in case of caesarian delivery, subject to the
following conditions:

"(a) 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 in accordance with the rules and regulations it may
provide;

"(b) The full payment shall be advanced by the employer within thirty (30) days from the filing of the
maternity leave application;

"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits Provided by
this Act for the same period for which daily maternity benefits have been received;

"(d) That the maternity benefits Provided under this section shall be paid only for the first four (4) deliveries
or miscarriages;

"(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of
maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such
payment and legality thereof; and

"(f) That if an employee member should give birth or suffer miscarriage without the required contributions
having been remitted for her by her employer to the SSS, or without the latter having been previously
notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent
to the benefits which said employee member would otherwise have been entitled to.

"SEC. 15. Non-Transferability of Benefits. - The SSS shall promptly pay the benefits Provided in this Act to
such persons as may be entitled thereto in accordance with the provisions of this Act: Provided, That the SSS
shall pay the retirement benefits on the day of contingency to qualified members who have submitted the
necessary documents at least six (6) months before: Provided, further, That the beneficiary who is a national
of a foreign country which does not extend benefits to a Filipino beneficiary residing in the Philippines, or
which is not recognized by the Philippines, shall not be entitled to receive any benefit under this
Act: Provided, further, That notwithstanding the foregoing, where the best interest of the SSS will be served,
the Commission may direct payments without regard to nationality or country of residence: Provided,further,
That if the recipient is a minor or a person incapable of administering his own affairs, the Commission shall
appoint a representative under such terms and conditions as it may deem proper:Provided, further, That such
appointment shall not be necessary in case the recipient is under the custody of or living with the parents or
spouse of the member in which case the benefits shall be paid to such parents or spouse, as representative
payee of the recipient. 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: Provided, further, That in case of death benefits, if no beneficiary qualifies under this Act, said
benefits shall be paid to the legal heirs in accordance with the law of succession.

"SEC. 16. Exemption from Tax, Legal Process and Lien. -- All laws to the contrary notwithstanding, the SSS
and all its assets and properties, all contributions collected and all accruals thereto and income or investment
earnings therefrom as well as all supplies, equipment, papers or documents shall be exempt from any tax,
assessment, fee, charge, or customs or import duty; and all benefit payments made by the SSS shall likewise
be exempt from all kinds of taxes, fees or charges, and shall not liable to attachments, garnishments, levy or
seizure by or under any legal or equitable process whatsoever, either before or after receipt by the person or
persons entitled thereto, except to pay any debt of the member to the SSS. No tax measure of whatever
nature enacted shall apply to the SSS, unless it expressly revokes the declared policy of the State in Section 2
hereof granting tax-exemption to the SSS. Any tax assessment imposed against the SSS shall be null and
void. (As amended by Sec. 9, P.D. No. 24, S. 1972; and Sec. 14, P. D. No. 735, S. 1975).

"SEC. 17. Fee of Agents, Attorneys, Etc. - No agent, attorney or other person in charge of the preparation,
filing or pursuing any claim for benefit under this Act shall demand or charge for his services any fee, and
any stipulation to the contrary shall be null and void. The retention or deduction of any amount from any
benefit granted under this Act for the payment of fees for such services is prohibited: Provided, however,
That any member of the Philippine Bar who appears as counsel in any case heard by the Commission shall
be entitled to attorneys' fees not exceeding ten percent (10%) of the benefits awarded by the Commission,
which fees shall not be payable before the actual payment of the benefits, and any stipulation to the contrary
shall be null and void.

"Any violation of the provisions of this Section shall be punished by a fine of not less than Five hundred
pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or imprisonment for not less than six (6)
months nor more than one (1) year, or both, at the discretion of the court.

"SEC. 18. Employee's Contributions. - (a) Beginning as of the last day of the calendar month when an
employee's compulsory coverage takes effect and every month thereafter during his employment, the
employer shall deduct and withhold from such employee's monthly salary, wage, compensation or earnings,
the employee's contribution in an amount corresponding to his salary, wage, compensation or earnings
during the month in accordance with the following schedule:

SALARY RANGE OF MONTHLY MONTHLY CONTRIBUTION

BRACKET COMPENSATION SALARY EMPLOYER EMPLOYEE TOTAL
CREDIT
I 1,000.00 - 1,249.99 1000 50.70 33.30 84.00
II 1,250.00 - 1,749.99 1500 76.00 50.00 126.00
III 1,750.00 - 2,249.99 2000 101.30 66.70 168.00
IV 2,250.00 - 2,749.99 2500 126.70 83.30 210.00
V 2,750.00 - 3,249.99 3000 152.00 100.00 252.00
VI 3,250.00 - 3,749.99 3500 177.30 116.70 294.00
VII 3,750.00 - 4,249.99 4000 202.70 133.30 336.00
VIII 4,250.00 - 4,749.99 4500 228.00 150.00 378.00
IX 4,750.00 - 5,249.99 5000 253.30 166.70 420.00
X 5,250.00 - 5,749.99 5500 278.70 183.70 462.40
XI 5,750.00 - 6,249.99 6000 304.00 200.00 504.00
XII 6,250.00 - 6,749.99 6500 329.30 216.78 546.00
XIII 6,750.00 - 7,249.99 7000 354.70 233.30 588.00
XIV 7,250.00 - 7,749.99 7500 380.00 250.00 630.00
XV 7,750.00 - 8.249.99 8000 403.30 266.70 672.00
XVI 8,250.00 - 8,749.99 8500 430.70 283.30 714.00
XVII 8,750.00 - OVER 9000 456.00 300.00 756.00

"The foregoing schedule of contribution shall also apply to self-employed and voluntary members.
"The maximum monthly salary credit shall be Nine thousand pesos (P9,000.00) effective January Nineteen
hundred and ninety six (1996); Provided, That it shall be increased by One thousand pesos (P1,000.00) every
year thereafter until it shall have reached Twelve thousand pesos (P12,000.00) by Nineteen hundred and
ninety nine (1999): Provided, further, That the minimum and maximum monthly salary credits as well as the
rate of contributions may be fixed from time to time by the Commission through rules and regulations taking
into consideration actuarial calculations and rate of benefits, subject to the approval of the President of the
Philippines.

"SEC. 19. Employer's Contributions. - (a) Beginning as of the last day of the month when an employee's
compulsory coverage takes effect and every month thereafter during his employment, his employer shall pay,
with respect to such covered employee, the employer's contribution in accordance with the schedule
indicated in Section Eighteen of this Act. Notwithstanding any contract to the contrary, an employer shall not
deduct, directly or indirectly, from the compensation of his employees covered by the SSS or otherwise
recover from them the employer's contributions with respect to such employees.

"(b) The remittance of such contributions by the employer shall be supported by a quarterly collection list to
be submitted to the SSS at the end of each calendar quarter indicating the correct ID number of the employer,
the correct names and the SSS numbers of the employees and the total contributions paid for their account
during the quarter.

"SEC. 19-A. Contributions of the Self-Employed Member. - The contributions to the SSS of the self-
employed member shall be determined in accordance with Section Eighteen of this Act: Provided, That the
monthly earnings declared by the self-employed member at the time of his registration with the SSS shall be
considered as his monthly compensation and he shall pay both the employer and the employee
contributions: Provided, further, That the contributions of self-employed persons earning One thousand
pesos (P1,000.00) monthly or below may be reduced by the Commission.

"The monthly earnings declared by the self-employed member at the time of his registration shall remain the
basis of his monthly salary credit, unless he makes another declaration of his monthly earnings, in which
case such latest declaration becomes the new basis of his monthly salary credit.

"SEC. 20. Government Contribution. - As the contribution of the Government to the operation of the SSS,
Congress shall annually appropriate out of any funds in the National Treasury not otherwise appropriated,
the necessary sum or sums to meet the estimated expenses of the SSS for each ensuing year. In addition to
this contribution, Congress shall appropriate from time to time such sum or sums as may be needed to assure
the maintenance of an adequate working balance of the funds of the SSS as disclosed by suitable periodic
actuarial studies to be made of the operations of the SSS.

"SEC. 21. Government Guarantee. -- The benefits prescribed in this Act shall not be diminished and to
guarantee said benefits the Government of the Republic of the Philippines accepts general responsibility for
the solvency of the SSS.

"SEC. 22. Remittance of Contributions. -- (a) The contributions imposed in the preceding Section shall be
remitted to the SSS within the first ten (10) days of each calendar month following the month for which they
are applicable or within such time as the Commission may prescribe. Every employer required to deduct and
to remit such contributions shall be liable for their payment and if any contribution is not paid to the SSS as
herein prescribed, he shall pay besides the contribution a penalty thereon of three percent (3%) per month
from the date the contribution falls due until paid. If deemed expedient and advisable by the Commission,
the collection and remittance of contributions shall be made quarterly or semi-annually in advance, the
contributions payable by the employees to be advanced by their respective employers: Provided, That upon
separation of an employee, any contribution so paid in advance but not due shall be credited or refunded to
his employer.

"(b) The contributions payable under this Act in cases where an employer refuses or neglects to pay the same
shall be collected by the SSS in the same manner as taxes are made collectible under the National Internal
Revenue Code, as amended. Failure or refusal of the employer to pay or remit the contributions herein
prescribed shall not prejudice the right of the covered employee to the benefits of the coverage.

"The right to institute the necessary action against the employer may be commenced within twenty (20)
years from the time the delinquency is known or the assessment is made by the SSS, or from the time the
benefit accrues, as the case may be.

"(c) Should any person, natural or juridical, default in any payment of contributions, the Commission may
also collect the same in either of the following ways:

"1. By an action in court, which shall hear and dispose of the case in preference to any other civil
action; or
 "2. By issuing a warrant to the Sheriff of any province or city commanding him to levy upon and sell
any real and personal property of the debtor. The Sheriff's sale by virtue of said warrant shall be
governed by the same procedure prescribed for executions against property upon judgments by a
court of record.

"(d) The last complete record of monthly contributions paid by the employer or the average of the monthly
contributions paid during the past three (3) years as of the date of filing of the action for collection shall be
presumed to be the monthly contributions payable by and due from the employer to the SSS for each of the
unpaid month, unless contradicted and overcome by other evidence: Provided, That the SSS shall not be
barred from determining and collecting the true and correct contributions due the SSS even after full
payment pursuant to this paragraph, nor shall the employer be relieved of his liability under Section Twenty-
eight of this Act.

"SEC. 22-A. Remittance of Contributions of Self-Employed Member. - Self-employed members shall remit
their monthly contributions quarterly on such dates and schedules as the Commission may specify through
rules and regulations: Provided, That no retroactive payment of contributions shall be allowed, except
asProvided in this Section.

"SEC. 23. Method of Collection and Payment. - The SSS shall require a complete and proper collection and
payment of contributions and proper identification of the employer and the employee. Payment may be made
in cash, checks, stamps, coupons, tickets, or other reasonable devices that the Commission may adopt.

"SEC. 24. Employment Records and Reports. - (a) Each employer shall immediately report to the SSS the
names, ages, civil status, occupations, salaries and dependents of all his employees who are subject to
compulsory coverage: Provided, That if an employee subject to compulsory coverage should die or become
sick or disabled or reach the age of sixty (60) without the SSS having previously received any report or
written communication about him from his employer, the said employer shall pay to the SSS damages
equivalent to the benefits to which said employee member would have been entitled had his name been
reported on time by the employer to the SSS, except that in case of pension benefits, the employer shall be
liable to pay the SSS damages equivalent to the accumulated pension due as of the date of settlement of the
claim or to the five (5) years' pension, including dependents' pension: Provided, further, That if the
contingency occurs within thirty (30) days from the date of employment, the employer shall be relieved of
his liability for damages: Provided, further, That any person or entity engaging the services of an
independent contractor shall be subsidiarily liable with such contractor for any civil liability incurred by the
latter under this Act: Provided, finally, That the same person or entity engaging the services of an
independent contractor shall require such contractor to post a surety bond to guarantee the payment of the
worker's benefits.

"(b) Should the employer misrepresent the true date of employment of the employee member or remit to the
SSS contributions which are less than those required in this Act or fail to remit any contribution due prior to
the date of contingency, resulting in a reduction of benefits, the employer shall pay to the SSS damages
equivalent to the difference between the amount of benefit to which the employee member or his beneficiary
is entitled had the proper contributions been remitted to the SSS and the amount payable on the basis of
contributions actually remitted: Provided, That if the employee member or his beneficiary is entitled to
pension benefits, damages shall be equivalent to the accumulated pension due as of the date of settlement of
the claim or to the five (5) years' pension, whichever is higher, including dependents' pension.

"In addition to the liability mentioned in the preceding paragraphs (a) and (b) hereof, the employer shall also
be liable for the corresponding unremitted contributions and penalties thereon.

"(c) The records and reports duly accomplished and submitted to the SSS by the employer or the member, as
the case may be, shall be kept confidential by the SSS except in compliance with a subpoena duces tecum
issued by the Court, shall not be divulged without the consent of the SSS President or any official of the SSS
duly authorized by him, shall be presumed correct as to the data and other matters stated therein, unless the
necessary corrections to such records and reports have been properly made by the parties concerned before
the right to the benefit being claimed accrues, and shall be made the basis for the adjudication of the claim. If
as a result of such adjudication the SSS in good faith pays a monthly pension to a beneficiary who is inferior
in right to another beneficiary or with whom another beneficiary is entitled to share, such payments shall
discharge the SSS from liability unless and until such other beneficiary notifies the SSS of his claim prior to
the payments.

"(d) Every employer shall keep true and accurate work records for such period and containing such
information as the Commission may prescribe, in addition to an "Annual Register of New and Separated
Employees" which shall be secured from the SSS wherein the employer shall enter on the first day of
employment or on the effective date of separation, the names of the persons employed or separated from
employment, their SSS numbers, and such other data that the Commission may require and said annual
register shall be submitted to the SSS in the month of January of each year. Such records shall be open for
inspection by the SSS or its authorized representatives quarterly or as often as the SSS may require.

"The SSS may also require each employer to submit, with respect to the persons in his employ, reports
needed for the effective administration of this Act.

"(e) Each employer shall require, as a condition to employment, the presentation of a registration number
secured by the prospective employee from the SSS in accordance with such procedure as the SSS may
adopt: Provided, That in case of employees who have been assigned registration numbers by virtue of a
previous employment, such numbers originally assigned to them should be used for purposes of this
Section: Provided, further, That the issuance of such registration numbers by the SSS shall not exempt the
employer from complying with the provisions of paragraph (a) of this Section.

"(f) Notwithstanding any law to the contrary, microfilm, or non-erasable optical disk and other similar
archival media copies of original SSS records and reports, duly certified by the official custodian thereof,
shall have the same evidentiary value as the originals and be admissible as evidence in all legal proceedings.

"(g) Notwithstanding any law to the contrary, local government units shall, prior to issuing any annual
business license or permit, require submission of certificate of SSS coverage and compliance with the
provisions of this Act: Provided, That the certification or clearance shall be issued by the SSS within five (5)
working days from receipt of the request.

"SEC. 24-A. Report and Registration of the Self-Employed Member. - Each covered self-employed person
shall, within thirty (30) days from the first day he started the practice of his profession or business operations
register and report to the SSS his name, age, civil status, and occupation, average monthly net income and
his dependents.

"SEC. 25. Deposits and Disbursements. - All money paid to or collected by the SSS every year under this
Act, and all accruals thereto shall be deposited, administered and disbursed in the same manner and under
the same conditions and requirements as Provided by law for other public special funds: Provided, That not
more than twelve percent (12%) of the total yearly contributions plus three percent (3%) of other revenues
shall be disbursed for operational expenses such as salaries and wages, supplies and materials, depreciation
and the maintenance of offices of the SSS: Provided, further, That if the expenses in any year are less than
the maximum amount permissible, the difference shall not be availed of as additional expenses in the
following years.

"SEC. 26. Investment of Reserve Funds. - All revenues of the SSS that are not needed to meet the current
administrative and operational expenses incidental to the carrying out of this Act shall be accumulated in a
fund to be known as the "Reserve Fund." Such portions of the Reserve Fund as are not needed to meet the
current benefit obligations thereof shall be known as the "Investment Reserve Fund" which the Commission
shall manage and invest with the skill, care, prudence and diligence necessary under the circumstances then
prevailing that a prudent man acting in like capacity and familiar with such matters would exercise in the
conduct of an enterprise of a like character and with similar aims. Pursuant thereto, and in line with the basic
principles of safety, good yield and liquidity, the Commission shall invest the funds to earn an annual
income not less than the average rates of treasury bills or any other acceptable market yield indicator in any
or in all of the following:

"(a) In bonds, securities, promissory notes or other evidence of indebtedness of the Government of the
Philippines, or in bonds, securities, promissory notes or other evidence of indebtedness to which the full
faith, credit and unconditional guarantee of the Government of the Philippines is pledged;

"(b) In bonds, securities, promissory notes or other evidence of indebtedness of the Government of the
Philippines, or any agencies or instrumentalities to finance domestic infrastructure projects such as roads,
bridges, ports, telecommunications, and other similar projects: Provided, That the instruments issued by an
agency or instrumentality of the government shall be guaranteed by the Government of the Philippines or
any government financial institution or acceptable multilateral agency: Provided, further, That the SSS shall
have priority over the revenues of the projects: Provided, finally, That such investments shall not exceed
thirty percent (30%) of the Investment Reserve Fund;

"(c) In bonds, securities, promissory notes or other evidence of indebtedness of government financial
institutions or government corporations with acceptable credit or guarantee: Provided, That such investments
shall not exceed thirty percent (30%) of the Investment Reserve Fund;

"(d) In bonds, securities, promissory notes or other evidence of indebtedness of any bank doing business in
the Philippines and in good standing with the Bangko Sentral ng Pilipinas to finance loans to private
corporations doing business in the Philippines, including schools, hospitals, small-and-medium scale
industries, cooperatives and non-governmental organizations, in which case the collaterals or securities shall
be assigned to the SSS under such terms and conditions as the Commission may prescribe: Provided, That in
the case of bank deposits, they shall not exceed at any time the unimpaired capital and surplus or total private
deposits of the depository bank, whichever is smaller: Provided, further, That said bank shall first have been
designated as a depository for this purpose by the Monetary Board of the Bangko Sentral ng
Pilipinas: Provided, finally, That such investments shall not exceed forty percent (40%) of the Investment
Reserve Fund;

"(e) In bonds, securities, promissory notes or other evidence of indebtedness of shelter agencies of the
National Government or financial intermediaries to finance housing loans of members; and in long-term
direct individual or group housing loans giving priority to the low-income groups, up to a maximum of
ninety percent (90%) of the appraised value of the properties to be mortgaged by the borrowers; and

"In short and medium term loans to members such as salary, educational, livelihood, marital, calamity and
emergency loans: Provided, That not more than thirty five percent (35%) of the Investment Reserve Fund at
any time shall be invested for housing purposes: Provided, further, That not more than ten percent (10%) of
the Investment Reserve Fund shall be invested in short and medium term loans;

"(f) In bonds, securities, promissory notes or other evidence of indebtedness of educational or medical
institutions to finance the construction, improvement and maintenance of schools and hospitals and their
equipment and facilities: Provided, That such investments shall not exceed ten percent (10%) of the
Investment Reserve Fund;

"(g) In real estate property, including shares of stocks involving real estate property, and investment secured
by first mortgages on real estate or other collaterals acceptable to the SSS: Provided, That such projects and
investments shall, in the determination of the Commission, redound to the benefit of the SSS, its members,
as well as the general public: Provided, further, That investment in real estate property, including shares of
stocks involving real estate property shall not exceed five percent (5%) of the Investment Reserve
Fund: Provided, finally, That investments in other income earning projects and investments secured by first
mortgages or other collaterals shall not exceed twenty five percent (25%) of the Investment Reserve Fund;

"(h) In bonds, debentures, securities, promissory notes or other evidence of indebtedness of any prime
corporation or multilateral institutions to finance domestic projects: Provided, That the issuing or assuming
entity or its predecessors shall not have defaulted in the payment of interest on any of its securities and that
during each of any three (3) including the last two (2) of the five (5) fiscal years next preceding the date of
acquisition by the SSS of such bonds, debentures or other evidence of indebtedness, the net earnings of the
issuing or assuming institution available for its fixed charges, as defined in this Act, shall have been not less
than one and one-quarter times the total of its fixed charges for such year: Provided, further, That such
investments shall not exceed thirty percent (30%) of the Investment Reserve Fund;

"(i) In preferred or common shares of stocks listed or about to be listed in the stock exchange or options or
warrants to such stocks or, subject to prior approval of the Bangko Sentral ng Pilipinas, such other risk
management instruments of any prime or solvent corporation or financial institution created or existing under
the laws of the Philippines with proven track record of profitability over the last three (3) years and payment
of dividends at least once over the same period: Provided, That such investments shall not exceed thirty
percent (30%) of the Investment Reserve Fund;

"(j) In domestic or foreign mutual funds in existence for at least three (3) years; Provided, That such
investments shall not exceed twenty percent (20%) of the Investment Reserve Fund: Provided, further, That
investments in foreign mutual funds shall not exceed one percent (1%) of the Investment Reserve Fund in
the first year which shall be increased by one percent (1%) for each succeeding year, but in no case shall it
exceed seven and one-half percent (7.5%) of the Investment Reserve Fund;

"(k) In foreign currency deposits or triple "A" foreign currency denominated debts, prime and non-
speculative equities, and other Bangko Sentral ng Pilipinas approved financial instruments or other assets
issued in accordance with the existing laws of the countries where such financial instruments are
issued:Provided, That these instruments or assets are listed in bourses of the respective countries where these
instruments or assets are issued: Provided, further, That the issuing company has proven track of record of
profitability over the last three (3) years and a record of regular dividend pay-out over the same
period:Provided, finally, That such investments shall not exceed one percent (1%) of the Investment Reserve
Fund in the first year which shall be increased by one percent (1%) for each succeeding year, but in no case
shall it exceed seven and one-half percent (7.5%) of the Investment Reserve Fund;

"(l) In loans secured by such collaterals like cash, government securities or guarantees of multilateral
institutions: Provided, That such investments shall not exceed thirty percent (30%) of the Investment
Reserve Fund; and
"(m) In other Bangko Sentral ng Pilipinas approved investment instruments with the same intrinsic quality as
those enumerated in paragraphs (a) to (l) hereof, subject to the policies and guidelines which the
Commission may formulate.

"No portion of the Investment Reserve Fund or income thereof shall accrue to the general fund of the
National Government or to any of its agencies or instrumentalities, including government-owned or
controlled corporations, except as may be allowed under this Act: Provided, That no portion of the
Investment Reserve Fund shall be invested for any purpose or in any instrument, institution or industry over
and above the prescribed cumulative ceilings as follows:

40% in private securities

35% in housing

30% in real estate related investments

10% in short and medium-term member loans

30% in government financial institutions and corporations

30% in infrastructure projects

15% in any particular industry

7.5% in foreign-currency denominated investments

"SEC. 26-A. Fund Managers. - As part of its investment operations, the SSS may appoint local or, in the
absence thereof, foreign fund managers to manage the Investment Reserve Fund, as it may deem appropriate.

"SEC. 26-B. Mortgagor Insurance Account. - (a) As part of its investment operations, the SSS shall act as
insurer of all or part of its interest on SSS properties mortgaged to the SSS, or lives of mortgagors whose
properties are mortgaged to the SSS. For this purpose, the SSS shall establish a separate account to be known
as the "Mortgagors' Insurance Account." All amounts received by the SSS in connection with the aforesaid
insurance operations shall be placed in the Mortgagors' Insurance Account. The assets and liabilities of the
Mortgagors' Insurance Account shall at all times be clearly identifiable and distinguishable from the assets
and liabilities in all other accounts of the SSS. Notwithstanding any provision of law to the contrary, the
assets held in the Mortgagors' Insurance Account shall not be chargeable with the liabilities arising out of
any other business the SSS may conduct but shall be held and applied exclusively for the benefit of the
owners or beneficiaries of the insurance contracts issued by the SSS under this paragraph.

"(b) The SSS may insure any of its interest or part thereof with any private company or reinsurer. The
Insurance Commission or its authorized representatives shall make an examination into the financial
condition and methods of transacting business of the SSS at least once in two (2) years, but such examination
shall be limited to the insurance operation of the SSS as authorized under this paragraph and shall not
embrace the other operations of the SSS; and the report of said examination shall be submitted to the
Commission and a copy thereof shall be furnished the Office of the President of the Philippines within a
reasonable time after the close of the examination: Provided, That for each examination, the SSS shall pay to
the Insurance Commission an amount equal to the actual expense of the Insurance Commission in the
conduct of examination, including the salaries of the examiners and of the actuary of the Insurance
Commission who have been assigned to make such examination for the actual time spent in said
examination: Provided, further, That the general law on insurance and the rules and regulations promulgated
thereunder shall have suppletory application insofar as it is not in conflict with this Act and its rules and
regulations.

"SEC. 27. Records and Reports. - The SSS President shall keep and cause to keep records of operations of
the funds of the SSS and of disbursements thereof and all accounts of payments made out of said funds.
During the month of January of each year, the SSS President shall prepare for submission to the President of
the Philippines and to Congress of the Philippines a report of operations of the SSS during the preceding
year, including statistical data on the number of persons covered and benefited, their occupations and
employment status, the duration and amount of benefits paid, the finances of the SSS at the close of the said
year, and recommendations. He shall also cause to be published in two (2) newspapers of general circulation
in the Philippines a synopsis of the annual report, showing in particular the status of the finances of the SSS
and the benefits administered.

"SEC. 28. Penal Clause. - (a) Whoever, for the purpose of causing any payment to be made under this Act,
or under an agreement thereunder, where none is authorized to be paid, shall make or cause to be made false
statement or representation as to any compensation paid or received or whoever makes or causes to be made
any false statement of a material fact in any claim for any benefit payable under this Act, or application for
loan with the SSS, or whoever makes or causes to be made any false statement, representation, affidavit or
document in connection with such claim or loan, shall suffer the penaltiesProvided for in Article One
hundred seventy-two of the Revised Penal Code.

"(b) Whoever shall obtain or receive any money or check under this Act or any agreement thereunder,
without being entitled thereto with intent to defraud any member, employer or the SSS, shall be fined not
less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) and
imprisoned for not less than six (6) years and one (1) day nor more than twelve (12) years.

"(c) Whoever buys, sells, offers for sale, uses, transfers or takes or gives in exchange, or pledges or gives in
pledge, except as authorized in this Act or in regulations made pursuant thereto, any stamp, coupon, ticket,
book or other device, prescribed pursuant to Section Twenty-three hereof by the Commission for the
collection or payment of contributions required herein, shall be fined not less than Five thousand pesos
(P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisoned for not less than six (6) years
and one (1) day nor more than twelve (12) years, or both, at the discretion of the court.

"(d) Whoever, with intent to defraud, alters, forges, makes or counterfeits any stamp, coupon, ticket, book or
other device prescribed by the Commission for the collection or payment of any contribution required herein,
or uses, sells, lends, or has in his possession any such altered, forged or counterfeited materials, or makes,
uses, sells or has in his possession any such altered, forged, material in imitation of the material used in the
manufacture of such stamp, coupon, ticket, book or other device, shall be fined not less than Five thousand
pesos (P5,000.00) non more than Twenty thousand pesos (P20,000.00) or imprisoned for not less than six
years (6) and one (1) day nor more than twelve (12) years, or both, at the discretion of the court.

"(e) Whoever fails or refuses to comply with the provisions of this Act or with the rules and regulations
promulgated by the Commission, shall be punished by a fine of not less than Five thousand pesos
(P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6)
years and one (1) day nor more than twelve (12) years, or both, at the discretion of the court: Provided, That
where the violation consists in failure or refusal to register employees or himself, in case of the covered self-
employed or to deduct contributions from the employees' compensation and remit the same to the SSS, the
penalty shall be a fine of not less Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00) and imprisonment for not less than six (6) years and one (1) day nor more than twelve (12)
years.

"(f) If the act or omission penalized by this Act be committed by an association, partnership, corporation or
any other institution, its managing head, directors or partners shall be liable for the penalties Provided in this
Act for the offense.

"(g) Any employee of the SSS who receives or keeps funds or property belonging, payable or deliverable to
the SSS and who shall appropriate the same, or shall take or misappropriate, or shall consent, or through
abandonment or negligence, shall permit any other person to take such property or funds, wholly or partially,
or shall otherwise be guilty of misappropriation of such funds or property, shall suffer the
penaltiesProvided in Article Two hundred seventeen of the Revised Penal Code.

"(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee's
compensation, fails to remit the said deduction to the SSS within thirty (30) days from the date they became
due, shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the
penalties Provided in Article Three hundred fifteen of the Revised Penal Code.

"(i) Criminal action arising from a violation of the provisions of this Act may be commenced by the SSS or
the employee concerned either under this Act or in appropriate cases under the Revised Penal
Code: Provided, That such criminal action may be filed by the SSS in the city or municipality where the SSS
office is located, if the violation was committed within its territorial jurisdiction or in Metro Manila, at the
option of the SSS.

"SEC. 29. Government Aid. - The establishment of the SSS shall not disqualify the members and employers
from receiving such government assistance, financial or otherwise, as may be Provided.

"SEC. 30. Transitory Clause. - Any employer who is delinquent or has not remitted all contributions due and
payable to the SSS may, within six (6) months from the effectivity of this Act, remit said contributions or
submit a proposal to pay the same in installment within a period of not more than twelve (12) months from
the effectivity of this Act without incurring the prescribed penalty, subject to the implementing rules and
regulations which the Commission may prescribe: Provided, That the employer submits the corresponding
collection lists together with the remittance or proposal to pay in installments: Provided, further, That in case
the employer fails to remit contributions within the six-month grace period or defaults in the payment of any
 amortization Provided the approved proposal, the prescribed penalty shall be imposed from the time the
contributions first became due as Provided in Section 22 (a) hereof."

Section 2. Separability Clause. - If any provision of this Act is declared invalid, the other provisions not affected
thereby shall remain valid.

Section 3. Repealing Clause. - All laws, proclamations, executive orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed, modified or amended accordingly: Provided, That no person shall be
deemed to be vested with any property or other right by virtue of the enactment or operation of this Act.

Section 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.

Approved: May 01, 1997

REPUBLIC ACT NO. 8187

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO

ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR

THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE

IS COHABITING AND FOR OTHER PURPOSES.

SECTION 1. Short Title. - This Act shall be known as the "Paternity Leave 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 4. The Secretary of Labor and Employment, the Chairman of the Civil Service

Commission and the Secretary of Health shall, within thirty (30) days from the effectivity of

this Act, issue such rules and regulations necessary for the proper implementation of the

provisions hereof.

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 Twenty-five thousand pesos (P25,000) or imprisonment of not less than

thirty (30)days nor more than six (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. Nondiminution 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.

SECTION 7. Repealing Clause. - All laws, ordinances, rules, regulations, issuances, or parts

thereof which are inconsistent with this Act are hereby repealed or modified accordingly. SECTION 8. Effectivity. -
This Act shall take effect (15) days from its publication in the Official

Gazette or in at least two (2) newspapers of national circulation.

Approved: June 11, 1996

REPUBLIC ACT 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR
CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:

Section 1. Title. - This Act shall be known as the "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. Towards this end, it shall develop a comprehensive
program of services for solo parents and their children to be carried out by the Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS),
the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the
Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the
Department of Labor and Employment (DOLE) and other related government and nongovernment agencies.

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
factoseparation 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 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 services which include trainings on livelihood skills, basic business
management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the
resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the
solo parent on early childhood development, behavior management, health care, rights and duties of parents
and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to
assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal
assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

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.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this
program.

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 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).

Section 12. Additional Powers and Functions of the DSWD. The DSWD shall perform the following additional
powers and functions relative to the welfare of solo parents and their families:
 (a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define
executive and legislative measures needed to promote and protect the interest of solo parents and their
children; and (3) assess the effectiveness of programs designed for disadvantaged solo parents and their
children;

(b) Coordinate the activities of various governmental and nongovernmental organizations engaged in
promoting and protecting the interests of solo parents and their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such
provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. - An interagency committee headed by the DSWD, in coordination
with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall formulate, within
ninety (90) days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local
government units, nongovernment organizations and people's organizations.

Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the
budget of concerned government agencies in the General Appropriations Act of the year following its enactment into
law and thereafter.1awphil.net

Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 16. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other provisions not
affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in
theOfficial Gazette or in at least two (2) newspaper of general circulation.

Approved.

(Sgd.)

JOSEPHE JERCITO ESTRADA

President of the Philippines
Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of
2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children
and guarantees full respect for human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping
with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of
Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the
Rights of the Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual
or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same room with
the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

 4. controlling the victims' own money or properties or solely controlling the conjugal money
or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social
context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the resident of which is willing
temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children
of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of
violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the following acts committed with the
purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity
or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common
money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
 (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be
punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such court in
the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any
of its elements was committed at the option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary
relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order
(BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of
the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner
to the residence of the parties to ensure that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him
to surrender the same to the court for appropriate disposition by the court, including revocation of license
and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety
of the petitioner and any designated family or household member, provided petitioner and any designated
family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may be filed by any of
the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
 (e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application
for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal
circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if
a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any
civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard
protection order application form, written in English with translation to the major local languages, shall be made
available to facilitate applications for protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to
(a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for
the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so
stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city
over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a
counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in
the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de
parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or
conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the
petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO
shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted
upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for
the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for
thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration
of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff
who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of
the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order issued
by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall
not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents
appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent
and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same
was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court
shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final
judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable
to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective
until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure
immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence
and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which
the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. The following statement must be printed in bold-faced
type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to act on an
application for a protection order within the reglementary period specified in the previous section without justifiable
cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents
of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial hearings to determine the
basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection
order.

SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this Act must be
filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty
(30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts
committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment,
the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions on protection
orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and
their children.

SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a protection order is issued
to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not
commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time
of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.

SECTION 28. Custody of children. The woman victim of violence shall be entitled to the custody and support of
her child/children. Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling reasons to order
otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law enforcers shall have
the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
 (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is
imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been
informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies and LGUs shall
establish programs such as, but not limited to, education and information campaign and seminars or symposia on the
nature, causes, incidence and consequences of such violence particularly towards educating the public on its social
impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training
of their officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the
Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not
apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of violence against women
and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal
assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
 (e) To be informed of their rights and the services available to them including their right to apply for a
protection order.

SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual, compensatory, moral
and exemplary damages.

SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an indigent or there is
an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the
court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic
notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of
the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and
their children, hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as
develop capability programs for their employees to become more sensitive to the needs of their clients. The Council
will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an
assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall
receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules
and regulations.

SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment
or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases.
All agencies involved in responding to violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
 a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and

e. techniques for handling incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to ten
(10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible
when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice
any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in
any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt
power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more
than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval of this Act, the DOJ,
the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and other applicable laws,
shall have suppletory application.

SECTION 48. Separability Clause. If any section or provision of this Act is held unconstitutional or invalid, the
other sections or provisions shall not be affected.

SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.

Approved,

JOSE DE VENECIA JR. FRANKLIN DRILON

Speaker of the House of President of the Senate
Representatives

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by
the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.
 ROBERTO P. NAZARENO OSCAR G. YABES
Secretary General Secretary of Senate
House of Represenatives

Approved: March 08, 2004

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic Act No. 7641 December 9, 1992

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,

OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR
RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF
ANY RETIREMENT PLAN IN THE ESTABLISHMENT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines, is hereby amended to read as follows:

"Art. 287. Retirement. Any employee may be retired upon reaching the retirement age established
in the collective bargaining agreement or other applicable employment contract.

"In case of retirement, the employee shall be entitled to receive such retirement benefits as he may
have earned under existing laws and any collective bargaining agreement and other
agreements: Provided,however, That an employee's retirement benefits under any collective
bargaining and other agreements shall not be less than those provided herein.

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in
the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond
sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at
least five (5) years in the said establishment, may retire and shall be entitled to retirement pay
equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six
(6) months being considered as one whole year.

"Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean
fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more
than five (5) days of service incentive leaves.

"Retail, service and agricultural establishments or operations employing not more than (10)
employees or workers are exempted from the coverage of this provision.

"Violation of this provision is hereby declared unlawful and subject to the penal provisions
provided under Article 288 of this Code."

Section 2. Nothing in this Act shall deprive any employee of benefits to which he may be entitled under
existing laws or company policies or practices.

Section 3. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette
or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved: December 9, 1992. lawph i1

Republic Act No. 8558 February 26, 1998

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,

OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES BY REDUCING THE
RETIREMENT AGE OF UNDERGROUND MINE WORKERS FROM SIXTY (60) TO FIFTY (50)

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines, is hereby amended to read as follows:

"ART. 287. Retirement. Any employee may be retired upon reaching the retirement age
established in the collective bargaining agreement or other applicable employment contract.

"In case of retirement, the employee shall be entitled to receive such retirement benefits as he may
have earned under existing laws and any collective bargaining agreement and other
agreements: Provided, however, That an employee's retirement benefits under any collective
bargaining and other agreements shall not be less than those provided herein.

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in
the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond
sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at
least five (5) years in the said establishment, may retire and shall be entitled to retirement pay
equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six
(6) months being considered as one whole year.

"Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean
fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more
than five (5) days of service incentive leaves.

"An underground mining employee upon reaching the age of fifty (50) years or more, but not
beyond sixty (60) years which is hereby declared the compulsory retirement age for underground
mine workers, who has served at least five (5) years as underground mine worker, may retire and
shall be entitled to all the retirement benefits provided for in this Article.

"Retail, service and agricultural establishments or operations employing not more than ten (10)
employees or workers are exempted from the coverage of this provision.

"Violation of this provision is hereby declared unlawful and subject to the penal provisions
provided under Article 288 of this Code.

"Nothing in this Article shall deprive any employee of benefits to which he may be entitled under
existing laws or company policies or practices."

Section 2. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette
or in at least two (2) national papers of general circulation, whichever comes earlier.

Approved: February 26, 1998

REPUBLIC ACT No. 10028

AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING FOR THE PURPOSE

REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS "AN ACT PROVIDING INCENTIVES TO ALL
GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND
BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Expanded Breastfeeding Promotion Act of 2009".

Section 2. Section 2 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 2. Declaration of Policy. - The State adopts rooming-in as a national policy to encourage, protect and support
the practice of breastfeeding. It shall create an environment where basic physical, emotional, and psychological
needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding.

"The State shall likewise protect working women by providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the nation. This is consistent with international treaties and
conventions to which the Philippines is a signatory such as the Convention on the Elimination of Discrimination
Against Women (CEDAW), which emphasizes provision of necessary supporting social services to enable parents to
combine family obligations with work responsibilities; the Beijing Platform for Action and Strategic Objective,
which promotes harmonization of work and family responsibilities for women and men; and the Convention on the
Rights of the Child, which recognizes a child's inherent right to life and the State's obligations to ensure the child's
survival and development.

"Breastfeeding has distinct advantages which benefit the infant and the mother, including the hospital and the
country that adopt its practice. It is the first preventive health measure that can be given to the child at birth. It also
enhances mother-infant relationship. Furthermore, the practice of breastfeeding could save the country valuable
foreign exchange that may otherwise be used for milk importation.

"Breastmilk is the best food since it contains essential nutrients completely suitable for the infant's needs. It is also
nature's first immunization, enabling the infant to fight potential serious infection. It contains growth factors that
enhance the maturation of an infant's organ systems.

"Towards this end, the State shall promote and encourage breastfeeding and provide the specific measures that would
present opportunities for mothers to continue expressing their milk and/or breastfeeding their infant or young child.

Section 3. Section 3 of Republic Act No. 7600 is hereby amended to read as follows:

"Sec. 3. Definition of Terms. - For purposes of this Act, the following definitions are adopted:

"a) Age of gestation - the length of time the fetus is inside the mother's womb.

"b) Bottlefeeding - the method of feeding an infant using a bottle with artificial nipples, the contents
of which can be any type of fluid.

"c) Breastfeeding - the method of feeding an infant directly from the human breast.

"d) Breastmilk - the human milk from a mother.

"e) Breastmilk substitute - any food being marketed or otherwise represented as partial or total
replacement of breastmilk whether or not suitable for that purpose.

"f) Donor milk - the human milk from a non-biological mother.

"g) Expressed breastmilk - the human milk which has been extracted from the breast by hand or by
breast pump. It can be fed to an infant using a dropper, a nasogastric tube, a cup and spoon, or a
bottle.

"h) Expressing milk - the act of extracting human milk from the breast by hand or by pump into a
container.

"i) Formula feeding - the feeding of a newborn with infant formula usually by bottle feeding. It is
also called artificial feeding.
 "j) Health institutions - are hospitals, health infirmaries, health centers, lying-in centers, or
puericulture centers with obstetrical and pediatric services.

"k) Health personnel - are professionals and workers who manage and/or administer the entire
operations of health institutions and/or who are involved in providing maternal and child health
services.

"l) Health workers - all persons who are engaged in health and health-related work, and all persons
employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay
health stations, clinics and other health-related establishments, whether government or private, and
shall include medical, allied health professional, administrative and support personnel employed
regardless of their employment status.

"m) Infant - a child within zero (0) to twelve (12) months of age.

"n) Infant formula - the breastmilk substitute formulated industrially in accordance with applicable
Codex Alimentarius standards, to satisfy the normal nutritional requirements of infants up to six (6)
months of age, and adopted to their physiological characteristics.

"o) Lactation management - the general care of a mother-infant nursing couple during the mother's
prenatal, immediate postpartum and postnatal periods. It deals with educating and providing
knowledge and information to pregnant and lactating mothers on the advantages of breastfeeding,
the risks associated with breastmilk substitutes and milk products not suitable as breastmilk
substitutes such as, but not limited to, condensed milk and evaporated milk, the monitoring of
breastfeeding mothers by health workers and breastfeeding peer counselors for service patients to
ensure compliance with the Department of Health, World Health Organization (WHO) and the
United Nations Children's Fund (UNICEF) on the implementation of breastfeeding policies, the
physiology of lactation, the establishment and maintenance of lactation, the proper care of the
breasts and nipples, and such other matters that would contribute to successful breastfeeding.

"p) Lactation stations - private, clean, sanitary, and well-ventilated rooms or areas in the workplace
or public places where nursing mothers can wash up, breastfeed or express their milk comfortably
and store this afterward.

"q) Low birth weight infant - a newborn weighing less than two thousand five hundred (2,500) grams
at birth.

"r) Nursing employee - any female worker, regardless of employment status, who is breastfeeding
her infant and/or young child.

"s) Mother's milk - the breastmilk from the newborn's own mother.

"t) Non-health facilities, establishment or institution - public places and working places, as defined
in subparagraphs (u) and (y), respectively.

"u) Public place - enclosed or confined areas such as schools, public transportation terminals,
shopping malls, and the like.

"v) Rooming-in - the practice of placing the newborn in the same room as the mother right after
delivery up to discharge to facilitate mother-infant bonding and to initiate breastfeeding. The infant
may either share the mother's bed or be placed in a crib beside the mother.

"w) Seriously ill mothers - are those who are: with severe infections; in shock, in severe cardiac or
respiratory distress; or dying; or those with other conditions that may be determined by the attending
physician as serious.

"x) Wet-nursing - the feeding of a newborn from another mother's breast when his/her own mother
cannot breastfeed.

"y) Workplace - work premises, whether private enterprises or government agencies, including their
subdivisions, instrumentalities and government-owned and -controlled corporations.

"z) Young child - a child from the age of twelve (12) months and one (1) day up to thirty-six (36)
moths.

Section 4. Section 4 of Republic Act No. 7600 is hereby amended to read as follows:
Sec. 4. Applicability. - The provisions in this Chapter shall apply to all private enterprises as well as government
agencies, including their subdivisions and instrumentalities, and government-owned and -controlled corporations.

Upon application to, and determination by, the Secretary of the Department of Labor and Employment for the private
sector, and the Chairperson of the Civil Service Commission for the public sector, all health and non-health facilities,
establishments and institutions may be exempted for a renewable period of two (2) years from Section 6 of this Act
where the establishment of lactation stations is not feasible or necessary due to the peculiar circumstances of the
workplace or public place taking into consideration, among others, number of women employees, physical size of the
establishment, and the average number of women who visit.

All health and non-health facilities, establishments or institutions which are exempted in complying with the
provisions of this Act but nevertheless opted to comply are entitled to the benefits herein stated: Provided, That they
give their employees the privilege of using the same.

Section 5. Section 10 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 10. Provision of Facilities for Breastmilk Collection and Storage for Health Institutions. - The health institution
adopting rooming-in and breastfeeding shall provide equipment, facilities, and supplies for breastmilk collection,
storage and utilization, the standards of which shall be defined by the Department of Health. Health institutions are
likewise encouraged to set up milk banks for storage of breastmilk donated by mothers and which have undergone
pasteurization. The stored breastmilk will primarily be given to children in the neonatal intensive care unit whose
own mothers are seriously ill.

Section 6. A new Section 11, under a new Chapter, is added to read as follows:

CHAPTER III
Lactation Stations

Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-health facilities,
establishments or institutions shall establish lactation stations. The lactation stations shall be adequately provided
with the necessary equipment and facilities, such as: lavatory for hand-washing, unless there is an easily-accessible
lavatory nearby; refrigeration or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for
breast pumps; a small table; comfortable seats; and other items, the standards of which shall be defined by the
Department of Health. The lactation station shall not be located in the toilet.

In addition, all health and non-health facilities, establishments or institutions shall take strict measures to prevent any
direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within
the lactation stations, or in any event or circumstances which may be conducive to the same.

Apart from the said minimum requirements, all health and non-health facilities, establishments or institutions may
provide other suitable facilities or services within the lactation station, all of which, upon due substantiation, shall be
considered eligible for purposes of Section 14 of this Act.

Section 7. A new Section 12 is hereby added to read as follows:

Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in addition to the regular time-off for
meals to breastfeed or express milk. These intervals, which shall include the time it takes an employee to get to and
from the workplace lactation station, shall be counted as compensable hours worked. The Department of Labor and
Employment (DOLE) may adjust the same:Provided, That such intervals shall not be less than a total of forty (40)
minutes for every eight (8)-hour working period.

Section 8. Section 11, which shall be under the renumbered Chapter IV of Republic Act No. 7600, is hereby
amended to read as follows:

"CHAPTER IV"
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE"

"SEC. 13. Continuing Education, Re-education and Training of Health Workers and Health Institutions. - The
Department of Health with the assistance of other government agencies, professional and nongovernmental
organizations shall conduct continuing information, education, re-education, and training programs for physicians,
nurses, midwives, nutritionist-dietitians, community health workers and traditional birth attendants (TBAs) and other
health worker on current and updated lactation management.

Information materials shall be given to all health workers involved in maternal and infant care health institutions."
Section 9. Section 12 Information Dissemination and Educational Programs of Pregnant Women and Women of
Reproductive Age. - During the prenatal, perinatal and postnatal consultations and/or confinements of the mothers or
pregnant women in a health institution and the health worker to immediately and continuously teach, train and
support the women on current and updated lactation management and infant care, through participatory strategies
such as organization of mothers' clubs and breastfeeding support groups and to distribute written information
materials on such matters free of charge.

"The Department of Health is hereby mandated to develop and provide breastfeeding programs for working mothers
whose employees are encouraged to avail of it as part of their human resource development programs.

"To equip women of reproductive age with accurate information on maternal nutrition and proper nourishment in
preparation for successful and sustainable breastfeeding, the Department of Health is likewise mandated to produce
and make available relevant information and programs which should be disseminated to all city, municipal and
barangay health centers.

"Employers are also highly encouraged to develop breastfeeding or lactation support programs which main functions
are to assess the needs of lactating employees with adequate information regarding lactation management in the form
of brochures, pamphlets and other educational materials."

Section 10. A new Section 15 is hereby added to read as follows:

"SEC. 15. Integration of Breastfeeding Education in the Curricula. - To encourage and promote breastfeeding, the
Department of Education, the Commission on higher Education. And the Technical Education, and the Technical
Education and Skills Development Authority shall integrate in the relevant subjects in the elementary, high school
and college levels, especially in the medical and education, the importance, benefits, methods or techniques of
breastfeeding, and change of societal attitudes towards breastfeeding."

Section 11. A new Section 16 is hereby added to read as follows:

"SEC. 16. Breastfeeding Awareness Month. - To raise awareness on the importance of and to further promote
breastfeeding, the month of August in each and every year throughout the Philippines shall be known as
"Breastfeeding Awareness Month."

Section 12. A new Section 17. Is hereby added to read as follows:

"SEC. 17. Public Education and Awareness Program. - To ensure the meaningful observance of breastfeeding month
as herein declared, a comprehensive national public education and awareness program shall be undertaken in order to
achieve the following objectives:

"a) To protect, promote and support breastfeeding in the Philippines as the normal, natural and
preferred method of feeding infants and young children;

"b) To guarantee the rightful place of breastfeeding in society as a time honored tradition and
nurturing value as well as a national health policy that must be enforced;

"c) To provide information about the benefits and superiority of breastfeeding and the high risks and
costs of bottlefeeding;

"d) To generate awareness on, and full enforcement of, national and international laws, codes,
policies and programs on the promotion and protection of safe and adequate nutrition for infants and
young children by promoting and protecting breastfeeding and regulating the marketing of certain
foods and feeding bottles, teats and pacifiers; and

"e) To instill recognition and support and ensure access to comprehensive, current and culturally
appropriate lactation care and services for all women, children and families, including support for
breastfeeding mothers in the work force.

"The Department of Health shall lead in the implementation of the comprehensive national public education and
awareness program on breastfeeding through a collaborative interagency and multi-sectoral effort at all levels."

Section 13. A new Section 18, which shall be under the renumbered Chapter V of Republic Act No. 7600, is hereby
added to read as follows:

CHAPTER V
Miscellaneous Provisions
"Sec. 18. Department of Health Certification. - Any health and non-health facility, establishment or institution
satisfying the requirements of Sections 6 and 7 herein relative to a proper lactation station may apply with the local
Department of Health office for a 'working mother-baby friendly' certification. The Department of Health shall
promulgate guidelines to determine eligibility for such certification, which shall include an annual Department of
Health inspection to confirm the continued compliance with its standards.

"The Department of Health shall maintain a list of 'mother-baby-friendly' establishments, which it shall make
available to the public."

Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and amended to read as follows:

"Sec. 19. Incentives. - The expenses incurred by a private health and non-health facility, establishment or institution,
in complying with the provisions of this Act, shall be deductible expenses for income tax purposes up to twice the
actual amount incurred: Provided, That the deduction shall apply for the taxable period when the expenses were
incurred: Provided, further, That all health and non-health facilities, establishments and institutions shall comply
with the provisions of this Act within six (6) months after its approval: Provided, finally, That such facilities,
establishments or institutions shall secure a "Working Mother-Baby-Friendly Certificate" from the Department of
Health to be filed with the Bureau of Internal Revenue, before they can avail of the incentive.

"Government facilities, establishments or institutions shall receive an additional appropriation equivalent to the
savings they may derive as a result of complying with the provisions of this Act. The additional appropriation shall
be included in their budget for the next fiscal year."

Section 15. A new Section 20 shall be added to read as follows:

"Sec. 20. Implementing Agency. - The Department of Health shall be principally responsible for the implementation
and enforcement of the provisions of this Act."

Section 16. Section 14 of Republic Act No. 7600 is hereby renumbered and amended to read as follows:

"Sec. 21. Sanctions. - Any private non-health facility, establishment and institution which unjustifiably refuses or
fails to comply with Sections 6 and 7 of this Act shall be imposed a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than Two hundred thousand pesos (Php200,000.00) on the first offense.

"On the second offense, a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more than Five
hundred thousand pesos (Php500,000.00).

"On the third offense, a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00) and the cancellation or revocation of the business permits or licenses to operate.

"In all cases, the fine imposed should take into consideration, among others, number of women employees, physical
size of the establishment, and the average number of women who visit.

"In addition, the Secretary of Health is hereby empowered to impose sanctions on health institution for the violation
of this Act and the rules issued thereunder. Such sanctions may be in the form of reprimand or censure and in case of
repeated willful violations, suspension of the permit to operate of the erring health institution.1avvphi1

"Heads, officials and employees of government health and non-health facilities, establishments and institutions who
violate this Act shall further be subject to the following administrative penalties:

"First offense - Reprimand;

"Second offense - Suspension for one (1) to thirty (30) days; and

"Third offense - Dismissal.

"This shall be without prejudice to other liabilities applicable under civil service law and rules."

Section 17. Funding. - Government agencies, including their subdivisions and instrumentalities, shall use their
respective budget for gender and development or their budgets for repairs, maintenance and materials acquisition to
comply with Section 6 hereof.

Section 18. Rules and Regulations. - The Department of Health, as the lead agency, in coordination with the
Department of Labor and Employment, the Department of Trade and Industry, the Department of Justice, the
Department of Social Welfare and Development, the Department of Education, the Department of the Interior and
Local Government, the Civil Service Commission, the Commission on Higher Education, the technical Education
and Skills Development Authority and professional and nongovernmental organizations concerned, shall issue within
one hundred and twenty (120) days upon its effectivity the rules and regulations necessary to carry out the provisions
of this Act.

Section 19. Separability Clause. - If any clause, sentence, paragraph or part of this Act shall be declared to be
invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Section 20. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts
thereof which are not consistent with this Act are hereby repealed, amended or modified accordingly.

Section 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 1698 and House Bill No. 879, 4012 and 6076 was finally passed
by the Senate and the House of Representatives on December 16, 2009.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Represenatives

Approved: March 16, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines
REPUBLIC ACT No. 10028

AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING, AMENDING FOR THE

PURPOSE REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS "AN ACT PROVIDING
INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Expanded Breastfeeding Promotion Act of
2009".

Section 2. Section 2 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 2. Declaration of Policy. - The State adopts rooming-in as a national policy to encourage, protect and
support the practice of breastfeeding. It shall create an environment where basic physical, emotional, and
psychological needs of mothers and infants are fulfilled through the practice of rooming-in and
breastfeeding.

"The State shall likewise protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation. This is consistent with
international treaties and conventions to which the Philippines is a signatory such as the Convention on the
Elimination of Discrimination Against Women (CEDAW), which emphasizes provision of necessary
supporting social services to enable parents to combine family obligations with work responsibilities; the
Beijing Platform for Action and Strategic Objective, which promotes harmonization of work and family
responsibilities for women and men; and the Convention on the Rights of the Child, which recognizes a
child's inherent right to life and the State's obligations to ensure the child's survival and development.

"Breastfeeding has distinct advantages which benefit the infant and the mother, including the hospital and
the country that adopt its practice. It is the first preventive health measure that can be given to the child at
birth. It also enhances mother-infant relationship. Furthermore, the practice of breastfeeding could save the
country valuable foreign exchange that may otherwise be used for milk importation.

"Breastmilk is the best food since it contains essential nutrients completely suitable for the infant's needs. It
is also nature's first immunization, enabling the infant to fight potential serious infection. It contains growth
factors that enhance the maturation of an infant's organ systems.

"Towards this end, the State shall promote and encourage breastfeeding and provide the specific measures
that would present opportunities for mothers to continue expressing their milk and/or breastfeeding their
infant or young child.

Section 3. Section 3 of Republic Act No. 7600 is hereby amended to read as follows:

"Sec. 3. Definition of Terms. - For purposes of this Act, the following definitions are adopted:

"a) Age of gestation - the length of time the fetus is inside the mother's womb.

"b) Bottlefeeding - the method of feeding an infant using a bottle with artificial nipples, the
contents of which can be any type of fluid.

"c) Breastfeeding - the method of feeding an infant directly from the human breast.

"d) Breastmilk - the human milk from a mother.

"e) Breastmilk substitute - any food being marketed or otherwise represented as partial or
total replacement of breastmilk whether or not suitable for that purpose.

"f) Donor milk - the human milk from a non-biological mother.

"g) Expressed breastmilk - the human milk which has been extracted from the breast by
hand or by breast pump. It can be fed to an infant using a dropper, a nasogastric tube, a cup
and spoon, or a bottle.

"h) Expressing milk - the act of extracting human milk from the breast by hand or by pump
into a container.

"i) Formula feeding - the feeding of a newborn with infant formula usually by bottle
feeding. It is also called artificial feeding.

"j) Health institutions - are hospitals, health infirmaries, health centers, lying-in centers, or
puericulture centers with obstetrical and pediatric services.

"k) Health personnel - are professionals and workers who manage and/or administer the
entire operations of health institutions and/or who are involved in providing maternal and
child health services.

"l) Health workers - all persons who are engaged in health and health-related work, and all
persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health
units, barangay health stations, clinics and other health-related establishments, whether
government or private, and shall include medical, allied health professional, administrative
and support personnel employed regardless of their employment status.

"m) Infant - a child within zero (0) to twelve (12) months of age.

"n) Infant formula - the breastmilk substitute formulated industrially in accordance with
applicable Codex Alimentarius standards, to satisfy the normal nutritional requirements of
infants up to six (6) months of age, and adopted to their physiological characteristics.

"o) Lactation management - the general care of a mother-infant nursing couple during the
mother's prenatal, immediate postpartum and postnatal periods. It deals with educating and
providing knowledge and information to pregnant and lactating mothers on the advantages
of breastfeeding, the risks associated with breastmilk substitutes and milk products not
suitable as breastmilk substitutes such as, but not limited to, condensed milk and evaporated
milk, the monitoring of breastfeeding mothers by health workers and breastfeeding peer
counselors for service patients to ensure compliance with the Department of Health, World
Health Organization (WHO) and the United Nations Children's Fund (UNICEF) on the
implementation of breastfeeding policies, the physiology of lactation, the establishment and
maintenance of lactation, the proper care of the breasts and nipples, and such other matters
that would contribute to successful breastfeeding.

"p) Lactation stations - private, clean, sanitary, and well-ventilated rooms or areas in the
workplace or public places where nursing mothers can wash up, breastfeed or express their
milk comfortably and store this afterward.

"q) Low birth weight infant - a newborn weighing less than two thousand five hundred
(2,500) grams at birth.

"r) Nursing employee - any female worker, regardless of employment status, who is
breastfeeding her infant and/or young child.

"s) Mother's milk - the breastmilk from the newborn's own mother.

"t) Non-health facilities, establishment or institution - public places and working places, as
defined in subparagraphs (u) and (y), respectively.

"u) Public place - enclosed or confined areas such as schools, public transportation
terminals, shopping malls, and the like.

"v) Rooming-in - the practice of placing the newborn in the same room as the mother right
after delivery up to discharge to facilitate mother-infant bonding and to initiate
 breastfeeding. The infant may either share the mother's bed or be placed in a crib beside the
mother.

"w) Seriously ill mothers - are those who are: with severe infections; in shock, in severe
cardiac or respiratory distress; or dying; or those with other conditions that may be
determined by the attending physician as serious.

"x) Wet-nursing - the feeding of a newborn from another mother's breast when his/her own
mother cannot breastfeed.

"y) Workplace - work premises, whether private enterprises or government agencies,

including their subdivisions, instrumentalities and government-owned and -controlled
corporations.

"z) Young child - a child from the age of twelve (12) months and one (1) day up to thirty-six
(36) moths.

Section 4. Section 4 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 4. Applicability. - The provisions in this Chapter shall apply to all private enterprises as well as
government agencies, including their subdivisions and instrumentalities, and government-owned and -
controlled corporations.

Upon application to, and determination by, the Secretary of the Department of Labor and Employment for
the private sector, and the Chairperson of the Civil Service Commission for the public sector, all health and
non-health facilities, establishments and institutions may be exempted for a renewable period of two (2)
years from Section 6 of this Act where the establishment of lactation stations is not feasible or necessary
due to the peculiar circumstances of the workplace or public place taking into consideration, among others,
number of women employees, physical size of the establishment, and the average number of women who
visit.

All health and non-health facilities, establishments or institutions which are exempted in complying with
the provisions of this Act but nevertheless opted to comply are entitled to the benefits herein
stated: Provided, That they give their employees the privilege of using the same.

Section 5. Section 10 of Republic Act No. 7600 is hereby amended to read as follows:

Sec. 10. Provision of Facilities for Breastmilk Collection and Storage for Health Institutions. - The health
institution adopting rooming-in and breastfeeding shall provide equipment, facilities, and supplies for
breastmilk collection, storage and utilization, the standards of which shall be defined by the Department of
Health. Health institutions are likewise encouraged to set up milk banks for storage of breastmilk donated
by mothers and which have undergone pasteurization. The stored breastmilk will primarily be given to
children in the neonatal intensive care unit whose own mothers are seriously ill.

Section 6. A new Section 11, under a new Chapter, is added to read as follows:

CHAPTER III
Lactation Stations

Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-health
facilities, establishments or institutions shall establish lactation stations. The lactation stations shall be
adequately provided with the necessary equipment and facilities, such as: lavatory for hand-washing,
unless there is an easily-accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing
expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable seats; and other items,
the standards of which shall be defined by the Department of Health. The lactation station shall not be
located in the toilet.

In addition, all health and non-health facilities, establishments or institutions shall take strict measures to
prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or
breastmilk substitutes within the lactation stations, or in any event or circumstances which may be
conducive to the same.
Apart from the said minimum requirements, all health and non-health facilities, establishments or
institutions may provide other suitable facilities or services within the lactation station, all of which, upon
due substantiation, shall be considered eligible for purposes of Section 14 of this Act.

Section 7. A new Section 12 is hereby added to read as follows:

Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in addition to the regular
time-off for meals to breastfeed or express milk. These intervals, which shall include the time it takes an
employee to get to and from the workplace lactation station, shall be counted as compensable hours
worked. The Department of Labor and Employment (DOLE) may adjust the same:Provided, That such
intervals shall not be less than a total of forty (40) minutes for every eight (8)-hour working period.

Section 8. Section 11, which shall be under the renumbered Chapter IV of Republic Act No. 7600, is
hereby amended to read as follows:

"CHAPTER IV"
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE"

"SEC. 13. Continuing Education, Re-education and Training of Health Workers and Health Institutions. -
The Department of Health with the assistance of other government agencies, professional and
nongovernmental organizations shall conduct continuing information, education, re-education, and training
programs for physicians, nurses, midwives, nutritionist-dietitians, community health workers and
traditional birth attendants (TBAs) and other health worker on current and updated lactation management.

Information materials shall be given to all health workers involved in maternal and infant care health
institutions."

Section 9. Section 12 Information Dissemination and Educational Programs of Pregnant Women and
Women of Reproductive Age. - During the prenatal, perinatal and postnatal consultations and/or
confinements of the mothers or pregnant women in a health institution and the health worker to
immediately and continuously teach, train and support the women on current and updated lactation
management and infant care, through participatory strategies such as organization of mothers' clubs and
breastfeeding support groups and to distribute written information materials on such matters free of charge.

"The Department of Health is hereby mandated to develop and provide breastfeeding programs for working
mothers whose employees are encouraged to avail of it as part of their human resource development
programs.

"To equip women of reproductive age with accurate information on maternal nutrition and proper
nourishment in preparation for successful and sustainable breastfeeding, the Department of Health is
likewise mandated to produce and make available relevant information and programs which should be
disseminated to all city, municipal and barangay health centers.

"Employers are also highly encouraged to develop breastfeeding or lactation support programs which main
functions are to assess the needs of lactating employees with adequate information regarding lactation
management in the form of brochures, pamphlets and other educational materials."

Section 10. A new Section 15 is hereby added to read as follows:

"SEC. 15. Integration of Breastfeeding Education in the Curricula. - To encourage and promote
breastfeeding, the Department of Education, the Commission on higher Education. And the Technical
Education, and the Technical Education and Skills Development Authority shall integrate in the relevant
subjects in the elementary, high school and college levels, especially in the medical and education, the
importance, benefits, methods or techniques of breastfeeding, and change of societal attitudes towards
breastfeeding."

Section 11. A new Section 16 is hereby added to read as follows:

"SEC. 16. Breastfeeding Awareness Month. - To raise awareness on the importance of and to further
promote breastfeeding, the month of August in each and every year throughout the Philippines shall be
known as "Breastfeeding Awareness Month."
Section 12. A new Section 17. Is hereby added to read as follows:

"SEC. 17. Public Education and Awareness Program. - To ensure the meaningful observance of
breastfeeding month as herein declared, a comprehensive national public education and awareness program
shall be undertaken in order to achieve the following objectives:

"a) To protect, promote and support breastfeeding in the Philippines as the normal, natural
and preferred method of feeding infants and young children;

"b) To guarantee the rightful place of breastfeeding in society as a time honored tradition
and nurturing value as well as a national health policy that must be enforced;

"c) To provide information about the benefits and superiority of breastfeeding and the high
risks and costs of bottlefeeding;

"d) To generate awareness on, and full enforcement of, national and international laws,
codes, policies and programs on the promotion and protection of safe and adequate nutrition
for infants and young children by promoting and protecting breastfeeding and regulating the
marketing of certain foods and feeding bottles, teats and pacifiers; and

"e) To instill recognition and support and ensure access to comprehensive, current and
culturally appropriate lactation care and services for all women, children and families,
including support for breastfeeding mothers in the work force.

"The Department of Health shall lead in the implementation of the comprehensive national public
education and awareness program on breastfeeding through a collaborative interagency and multi-sectoral
effort at all levels."

Section 13. A new Section 18, which shall be under the renumbered Chapter V of Republic Act No. 7600,
is hereby added to read as follows:

CHAPTER V
Miscellaneous Provisions

"Sec. 18. Department of Health Certification. - Any health and non-health facility, establishment or
institution satisfying the requirements of Sections 6 and 7 herein relative to a proper lactation station may
apply with the local Department of Health office for a 'working mother-baby friendly' certification. The
Department of Health shall promulgate guidelines to determine eligibility for such certification, which shall
include an annual Department of Health inspection to confirm the continued compliance with its standards.

"The Department of Health shall maintain a list of 'mother-baby-friendly' establishments, which it shall
make available to the public."

Section 14. Section 13 of Republic Act No. 7600 is hereby renumbered and amended to read as follows:

"Sec. 19. Incentives. - The expenses incurred by a private health and non-health facility, establishment or
institution, in complying with the provisions of this Act, shall be deductible expenses for income tax
purposes up to twice the actual amount incurred: Provided, That the deduction shall apply for the taxable
period when the expenses were incurred: Provided, further, That all health and non-health facilities,
establishments and institutions shall comply with the provisions of this Act within six (6) months after its
approval: Provided, finally, That such facilities, establishments or institutions shall secure a "Working
Mother-Baby-Friendly Certificate" from the Department of Health to be filed with the Bureau of Internal
Revenue, before they can avail of the incentive.

"Government facilities, establishments or institutions shall receive an additional appropriation equivalent to

the savings they may derive as a result of complying with the provisions of this Act. The additional
appropriation shall be included in their budget for the next fiscal year."

Section 15. A new Section 20 shall be added to read as follows:

"Sec. 20. Implementing Agency. - The Department of Health shall be principally responsible for the
implementation and enforcement of the provisions of this Act."
Section 16. Section 14 of Republic Act No. 7600 is hereby renumbered and amended to read as follows:

"Sec. 21. Sanctions. - Any private non-health facility, establishment and institution which unjustifiably
refuses or fails to comply with Sections 6 and 7 of this Act shall be imposed a fine of not less than Fifty
thousand pesos (Php50,000.00) but not more than Two hundred thousand pesos (Php200,000.00) on the
first offense.

"On the second offense, a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more
than Five hundred thousand pesos (Php500,000.00).

"On the third offense, a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php1,000,000.00) and the cancellation or revocation of the business permits or
licenses to operate.

"In all cases, the fine imposed should take into consideration, among others, number of women employees,
physical size of the establishment, and the average number of women who visit.

"In addition, the Secretary of Health is hereby empowered to impose sanctions on health institution for the
violation of this Act and the rules issued thereunder. Such sanctions may be in the form of reprimand or
censure and in case of repeated willful violations, suspension of the permit to operate of the erring health
institution.1avvphi1

"Heads, officials and employees of government health and non-health facilities, establishments and
institutions who violate this Act shall further be subject to the following administrative penalties:

"First offense - Reprimand;

"Second offense - Suspension for one (1) to thirty (30) days; and

"Third offense - Dismissal.

"This shall be without prejudice to other liabilities applicable under civil service law and rules."

Section 17. Funding. - Government agencies, including their subdivisions and instrumentalities, shall use
their respective budget for gender and development or their budgets for repairs, maintenance and materials
acquisition to comply with Section 6 hereof.

Section 18. Rules and Regulations. - The Department of Health, as the lead agency, in coordination with
the Department of Labor and Employment, the Department of Trade and Industry, the Department of
Justice, the Department of Social Welfare and Development, the Department of Education, the Department
of the Interior and Local Government, the Civil Service Commission, the Commission on Higher
Education, the technical Education and Skills Development Authority and professional and
nongovernmental organizations concerned, shall issue within one hundred and twenty (120) days upon its
effectivity the rules and regulations necessary to carry out the provisions of this Act.

Section 19. Separability Clause. - If any clause, sentence, paragraph or part of this Act shall be declared to
be invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Section 20. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or
parts thereof which are not consistent with this Act are hereby repealed, amended or modified accordingly.

Section 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 1698 and House Bill No. 879, 4012 and 6076 was
finally passed by the Senate and the House of Representatives on December 16, 2009.
 (Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General Secretary of Senate
House of Represenatives

Approved: March 16, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines
Republic Act No. 9231 December 19, 2003

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR
AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING
FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS
THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION ACT"

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as
follows:

"Sec. 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 forms of abuse, neglect, cruelty, exploitation
and discrimination, and other conditions prejudicial to their development including child labor and
its worst forms; 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 on 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 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 2. 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 child's 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 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: 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 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 child.

"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 above requirements.

"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18)
years of age."

Section 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. 2-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 o'clock in the
evening and six o'clock 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 o'clock in the evening and six o'clock
in the morning of the following day."

"Sec. 12-B. Ownership, Usage and Administration of the Working Child's 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, education or skills acquisition and secondarily to the
collective needs of the family: Provided, That not more than twenty percent (20%) of the child's
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 of
preference on parental authority as provided for under the Family Code shall apply.

"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's 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, co-agents 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."

Section 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 continuing 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 non-formal 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 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 beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."

Section 6. Section 16 of the same Act, is hereby amended to read as follows:

"Sec. 16. Penal Provisions -

"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less
 than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos
(P300,000.00) or both at the discretion of the court.

"b) Any person who violates the provision of Section 12-D of this act or the employer of the
subcontractor who employs, or the one who facilitates the employment of a child in hazardous
work, shall suffer the penalty of a fine of not less than One hundred thousand pesos (P100,000.00)
but not more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12)
years and one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of
the court.

"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in
Persons Act of 2003":Provided, That Such penalty shall be imposed in its maximum period.

"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with
R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided,
That such penalty shall be imposed in its maximum period.

"e) If a corporation commits any of the violations aforecited, the board of directors/trustees and
officers, which include the president, treasurer and secretary of the said corporation who
participated in or knowingly allowed the violation, shall be penalized accordingly as provided for
under this Section.

"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-
A, 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but
not more than One hundred thousand pesos (P100,000.00), or be required to render community
service for not less than thirty (30) days but not more than one (1) year, or both such fine and
community service at the discretion of the court: Provided, That the maximum length of community
service shall be imposed on parents or legal guardians who have violated the provisions of this Act
three (3) times; Provided, further, That in addition to the community service, the penalty of
imprisonment of thirty (30) days but not more than one (1) year or both at the discretion of the
court, shall be imposed on the parents or legal guardians who have violated the provisions of this
Act more than three (3) times.

"g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after
due notice and hearing, order the closure of any business firm or establishment found to have
violated any of the provisions of this Act more than three (3) times. He/she shall likewise order the
immediate closure of such firm or establishment if:

"(1) The violation of any provision of this Act has resulted in the death, insanity or serious
physical injury of a child employed in such establishment; or

"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or

lewd shows.

"h) In case of such closure, the employer shall be required to pay the employee(s) the separation
pay and other monetary benefits provided for by law."

Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section
16-A, to read as follows:

"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as
a Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively
for the needs, including the costs of rehabilitation and reintegration into the mainstream of society
of the working children who are victims of the violations of this Act, and for the programs and
projects that will prevent acts of child labor."

Section 8. Section 27 of the same Act is hereby amended to read as follows:

"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against
children as enumerated herein may be filed by the following:
 "(a) Offended party;

"(b) Parents or guardians;

"(c) Ascendant or collateral relative within the third degree of consanguinity;

"(d) Officer, social worker or representative of a licensed child-caring institution;

"(e) Officer or social worker of the Department of Social Welfare and Development;

"(f) Barangay chairman of the place where the violation occurred, where the child is
residing or employed; or

"(g) At least three (3) concerned, responsible citizens where the violation occurred."

Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be
denominated as Sections 16-A, 16-B and 16-C to read as follows:

"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving
offenses punishable under this Act: Provided, That in cities or provinces where there are no family
courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction
depending on the penalties prescribed for the offense charged.

"The preliminary investigation of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of filing.

"If the preliminary investigation establishes a prima facie case, then the corresponding information
shall be filed in court within forty eight (48) hours from the termination of the investigation.

"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from
the date of filing of information. Decision on said cases shall be rendered within a period of fifteen
(15) days from the date of submission of the case.

"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil
action for the recovery of civil damages, he/she shall be exempt from payment of filing fees.

"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child
shall have the right to free legal, medical and psycho-social services to be provided by the State."

Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in
coordination with the Committees on Labor and Employment of both Houses of Congress, shall issue the
necessary Implementing Rules and Regulations (IRR) to effectively implement the provisions of this Act,
in consultation with concerned public and private sectors, within sixty (60) days from the effectivity of this
Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.

Section 11. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
validity of the remaining provisions hereof shall remain in full force and effect.

Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete
publication in theOfficial Gazette or in at least two (2) national newspapers of general circulation.
 Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 2155 and House Bill No. 4235 was finally
passed by the Senate and the House of Representatives on October 14, 2003 and October 13, 2003,
respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: December 19, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic Act No. 6982 May 1, 1991

AN ACT STRENGTHENING THE SOCIAL AMELIORATION PROGRAM IN THE SUGAR INDUSTRY,

PROVIDING THE MECHANICS FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Policy. It is the policy of the State to further strengthen the rights of workers in the sugar industry to
their just share in the fruits of production by augmenting their income and, among other schemes, institutionalizing
the mechanism among the partners in the sugar industry to enable the workers and their families to enjoy a decent
living.

In pursuance of this policy, the State shall consider the demand for living wages, the needs of the workers and their
families, improvement in their standards of living, the seasonal nature of the work in the sugar industry, incentives
for productivity, the interest of the consumers, the viability of the sugar industry, the fair return of the capital
invested, and the equitable distribution of income and wealth along the imperatives of economic and social
development.

Section 2. National Tripartite Council in the Sugar Industry. To effectively implement the social and economic
programs for workers in the sugar industry pursuant to the provisions of this Act, a National Tripartite Council in the
Sugar Industry, hereinafter referred to as the Sugar Tripartite Council, is hereby created as the advisory body to the
Department of Labor and Employment (DOLE) as regards such programs.

Section 3. Composition. The Sugar Tripartite Council shall consist of ten (10) members composed of the Secretary
of Labor and Employment or his duly authorized representative as ex officio chairman; one (1) representative from
the Sugar Regulation Administration, who shall likewise sit in an ex officio capacity; two (2) representatives from
the millers sector; two (2) representatives from the mill workers sector; and two (2) representatives from the workers
sector, as members.

The representatives from the planters, millers and workers sectors shall be appointed by the Secretary of Labor and
Employment from among the nominees of the planters, millers and workers organizations, respectively.

Section 4. Term. The representatives from the planters, millers and workers sectors shall serve for a term of three
(3) years unless sooner recalled by the nominating organization.n case of vacancy, the successor shall serve the
unexpired portion of the term of his predecessor. The successor shall come from the nominees of the sector which
nominated the predecessor.

Section 5. Regular and Special Meetings. a) The Sugar Tripartite Council shall meet its regular meeting once
every three (3) months.t may conduct special meetings upon call by the Chairman or upon written request of at least
three (3) of its members.

b) The Chairman or his authorized representative and the members of the Sugar Tripartite Council shall be entitled to
reimbursement of reasonable travelling expenses. The representatives from the planters, millers and workers sectors
shall, in addition, be entitled to per diem for meetings attended by them.

The travelling expenses and per diem herein mentioned shall be paid out from the funds of the DOLE.

Section 6. District Tripartite Councils. a) Whenever necessary, the Secretary of Labor and Employment shall,
upon recommendation of the Sugar Tripartite Council, create a District Tripartite Council in each milling district in
the Philippines to ensure greater participation by planters, millers and workers in the social and economic programs
and policy determination under this Act. The District Tripartite Council shall consist of seven (7) members
composed of the Regional Director of the DOLE as ex officio Chairman; two (2) representatives from the planters
sector; one representative from the millers sector; two (2) representatives from the field workers sector; and one (1)
representatives from the mill worker, sector, as member.

b) The representatives from the planters, millers and workers sectors shall be appointed by the Secretary of Labor
and Employment from among the nominees of the planters, millers and workers organizations, respectively, for a
term of three (3) years.

Section 7. Lien; Distribution; Collection and Remittance.

a) Effective on sugar crop year 1991-1992 a lien of Five pesos (P5.00) per picul of sugar shall be imposed on
the gross production of sugar to primarily augment the income of sugar workers, and to finance social and
economic programs to improve their livelihood and well-being: provided, that there shall be an automatic
additional lien of One peso (P1.00) for every two (2) years for the succeeding ten (10) years from the
effectivity of this Act: provided, further, that the Secretary of Labor and Employment may, upon the
 recommendation of the Sugar Tripartite Council, suspend or reduce the amount of the automatic additional
lien herein authorized whenever circumstances occur adversely affecting or causing undue increases in the
cost of producing sugar, taking into consideration the declared policy of this Act.

The amounts herein imposed shall be borne by the sugar planters and millers in proportion to their
corresponding milling share and said amounts shall constitute a lien on their sugar quedans and/or warehouse
receipts.

b) Eighty percent (80%) of the lien, including any and all incomes or interests derived therefrom, shall be
distributed as cash bonus to each worker in the sugar farm or mill based on the proportion of work rendered
by him. The cash bonus share of the worker shall be collected by the sugar mills and released to planters
associations in the case of affiliated planters, or directly to unaffiliated planters, for distribution to their
respective workers. The cash bonus share of the mill workers shall be held in trust by the mills for
distribution to the workers.

The remaining twenty percent (20%) of the lien shall be collected by the sugar mills and to be remitted to the
DOLE and utilized pursuant to Section 10 hereof.

c) The collection of the lien shall be made upon the withdrawal or release of the sugar from the mill
warehouse but in no case beyond one hundred eighty (180) days from the date of the issuance of the
corresponding sugar quedans or warehouse receipts: provided, that, after said one hundred eighty (180) days,
the miller shall advance whatever amount is necessary to pay such lien and charge the holder of said sugar
quedans or warehouse receipts the amount so paid and such reasonable rate of interest as may be prevailing
in the banking community.

d) It shall be the duty of every sugar mill to remit the lien collected within one (1) month from the date of
collection thereof; otherwise, a penalty of ten percent (10%) per month on the unremitted collection shall be
imposed upon the violator.

The cash bonus portion of the lien shall, in turn, be distributed to sugar workers concerned within one (1)
month from the date of remittance; otherwise, a penalty of ten percent (10%) per month on the undistributed
cash bonus shall be imposed upon the violator.

All penalties for non-remittance of lien collected shall accrue to the social and economic programs for the
sugar workers. Such penalties for non-distribution of the cash bonus shall accrue to the sugar workers
concerned.

Section 8. Prohibition Against Deduction. No deduction upon the lien shall be allowed directly or indirectly.

Section 9. Undisputed Cash Bonus. Any undistributed amount due the workers shall, within three (3) months, be
remitted to and held in trust by the DOLE for a period of three (3) years from the date of remittance, after which it
shall be deemed forfeited in favor of the socioeconomic programs for sugar workers.

It shall be the duty of the Secretary of Labor and Employment to make at least three publications before the end of
said three (3) year period and to make the corresponding radio announcements in radio stations operating in the area
to inform the beneficiaries concerned regarding their unclaimed cash bonus. The said publications shall be made
through local newspapers and by posting in conspicuous public places in the area where the concerned beneficiaries
reside.

The forfeited amount, including its interests, shall be utilized for projects or programs in favor of the sugar workers
as recommended by the Sugar Tripartite Council.

Section 10. Socioeconomic Plans and Programs; Operation of Councils. On recommendation of the Sugar
Tripartite Council, the Secretary of Labor and Employment shall use twenty percent (20%) share herein allocated for
socio-economic programs, and any and all incomes or interests thereon, for the following:

a) Five percent (5%) for sugar workers death benefit program;

b) Nine percent (9%) for socioeconomic projects for the sugar workers undertaken by the Bureau of Rural
Workers, planters/millers organizations, workers organizations and/or the Sugar Industry Foundation, Inc.;

c) Three percent (3%) for maternity benefits for the women sugar workers in addition to existing benefits
granted by law or collective bargaining agreements: provided, that maternity benefits provided herein shall
be paid only for the first four (4) deliveries; and
 d) Three percent (3%) for administrative expenses of the Sugar Tripartite Council the District Tripartite
Councils and the Bureau of Rural Workers of the Department of Labor and Employment in implementing
this Act.

Section 11. Implementing Agency. Subject to the provisions of this Act, the Secretary of Labor and Employment
shall implement the sharing scheme as provided herein and, upon consultation with the Sugar Tripartite Council,
promulgate such rules and regulations as may be necessary to carry out the provisions of this Act, including those for
the efficient collection, monitoring and equitable distribution of the lien and such benefits as are provided for or
allowed herein.

The Bureau of Rural Workers of the Department of Labor and Employment created under Presidential Decree No.
1365, as amended, shall assist the Secretary of Labor and Employment in carrying out the provisions of this Act and
such rules and regulations promulgated pursuant thereto.

Section 12. Benefits under Republic Act No. 809 and P.D. 621, as amended. All liens and other forms of
production sharing in favor of the workers in the sugar industry under Republic Act No. 809 and Presidential Decree
No. 621, as amended, are hereby substituted by the benefits under this Act: provided, that cases arising from such
laws pending in the courts or administrative bodies at the time of the effectivity of this Act shall not be affected
thereby.

Section 13. Penal Sanctions. Any person who intentionally violates Sections 7, 8, 9, 10, and 14 of this Act, and
any of the rules promulgated under Section 11 hereof, shall be penalized with imprisonment of not less than six (6)
months but not more than one (1) year or a fine of not less than Five thousand pesos (P5,000.00) but not more than
Twenty thousand pesos (P20,000.00) or both.

If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty
shall be imposed upon the entity's responsible officers, including, but not limited to, the president, vice-president,
chief executive officer, general manager, managing director or partner.

Section 14. Non-diminution of Benefits. The provisions of Section 12 hereof notwithstanding, nothing in this Act
shall be construed to reduce any benefit, interest, right or participation enjoyed by the workers at the time of the
enactment of this Act, and no amount received by any beneficiary under this Act shall be subject to any form of
taxation.

Section 15. Auditing of Funds. All funds remitted to and held in trust by the Department of Labor and
Employment pursuant to the provisions of this Act shall be audited by the Commission on Audit, and all
disbursements shall be made in accordance with existing auditing rules and regulations.

Section 16. Repealing Clause. All laws, decrees, executive orders and rules and regulations or part or parts thereof
inconsistent with any provision of this Act are hereby repealed, modified, superseded or amended accordingly.

Section 17. Separability Clause. If any provision of this Act is declared unconstitutional, the same shall not affect
the validity and effectivity of the other provisions hereof.

Section 18. Effectivity. This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved: May 1, 1991.

IRR of BP 344
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS
BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND PUBLIC
UTILITIES
TO INSTALL FACILITIES AND OTHER DEVICES.
Joint Promulgated By:
The Department of Public Works and Highways Port Area, Manila
The Department of Transportations and Communications Pasig, Metro Manila
in coordination with:
The National Council for the Welfare of Disabled Persons
(Accessibility Sector on the Magna Carta for Disabled Person) Diliman, Quezon City
RULE I SCOPE AND APPLICATION
1. Purpose:
The Rules and regulations set forth herein provide for minimum requirements and standards to
make buildings, facilities and utilities for public use accessible to disabled persons, pursuant to
the objectives of Batas Pambansa Bilang 344, An Act to Enhance the Mobility of Disabled
Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install
Facilities and Other Devices.
2. Definition of Terms:
For the purpose of these Rules and Regulations, the words, terms and phrases enumerated in
Annex A hereof shall have the meaning as provided therein.
3. Scope:
The provisions of these Rules and Regulations shall apply to the following:
3.1 Public and private buildings and related structures for public use and which shall be
constructed repaired or renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles which shall include:
a). Passenger buses and jeepneys
b). Passengers trains, including those of the Light Rail Transit Authority (LRTA)
c). Domestic inter-island vessels
d). Domestic aircraft of air carriers
3.2.3 Public Telephones
3.3 Public transport
terminals including those of LRTA
4. Application:
4.1 Public and private buildings and related structures for public use.
No permit for the construction, repair or renovation of public and private buildings and related
structures for public use, whether owned or leased, shall be granted or issued, unless the owner
thereof shall have provided in the places and specifications submitted for approval barrier-free
facilities and accessibility features as provided in these Rules and in accordance with the
followings criteria:
4.1.1 Building and related structures to be constructed
a). At the space where the primary function is served and where facilities and ingress/egress of
the building or structure are located, as to make such space accessible to the disabled persons;
provided, however, that where the primary function can be served at the ingress level and where
such level is provided with facilities, requirements for accessibility at other levels may be waived.
b). Ten percent (10%) of the total number of units of government-owned living accommodations
shall be accessible and fully usable by the disabled persons with any fractional part in excess of
one-half (1/2) in the computation thereof, to be considered as one unit; for privately-owned living
accommodations the number of accessible units shall be as provided in Section 3 of Rule III
thereof.
c). Ingress/egress from the street to the building or structure shall be made accessible.
d). Accessible slots in parking areas shall be located as near as possible to ingress/egress
spaces of the building or structure.
4.1.2 Building and related structures to be repaired or renovated including those proposed for a
change of occupancy If feasible , barrier-free facilities and accessibility and accessibility
features shall be provided in accordance with the requirements under Subsection 4.1.1 (1), (c )
and (d): feasibility of incorporation of barrier-free facilities and accessibility features shall be
determined from all the following conditions:
a). When the repair or renovation work is to be done in the space where the primary function is
served;
b). When the facilities can be made accessible at any other level which is accessible by means of
an elevator with a minimum width of 800 mm;
c). When the space allotted for the primary function will not be diminished by more than ten
percent (10%) of its original area;
d). When the capacity or strength of any major structural component, such as slabs, beams,
girders, columns, bearing walls and footing of the building or structure will not be diminished;
e). When the cost (exclusive of the exception provided below) of such repair or renovation work is
in excess of twenty percent (20%) of the total cost of the building or structure, based upon the
computation of permit fees as provided under Rule III of the Implementing Rules and Regulations
promulgated pursuant to P.D. 1096 entitled: The National Building Code of the Philippines;
f). When there is no legal constraint which would not allow compliance with these regulations:
EXCEPTION: Repair or renovation work which consists only of heating, ventilating and air
conditioning systems, including those which may be required only with respect to fire panic and
explosion safety for existing spaces, shall not be subject to the requirements for barrier-free
facilities and accessibility features.
4.2.1 Streets, highways and transport related structures to be constructed Streets, highways
and transport related structures shall be provided with the following barrier-free facilities and
accessibility features at every pedestrian crossing: ramps and other accessible features in
buildings of the Sectoral offices and attached agencies of DOTC; transportation terminals and
passenger waiting areas for use of disabled person;
a) Cut-out curbs and accessible ramps at the sidewalks.
b) Audio-visual aids for crossing
EXCEPTION: Requirements for accessibility at pedestrian grade separations or overpasses and
underpasses may be waived.
4.2.2 Existing streets and highways to be repaired and renovated the accessibility requirements
shall be provided where the portion of existing streets and highways to be repaired or renovated
includes part or the entire pedestrian crossing.
4.2.3 Transport vehicles for public use
a) No license or franchise for the operation of public buses, passenger boats, ships and domestic
airplanes shall be granted or issued unless the owner or operator thereof shall have provided and
designated the number of seats and shall have placed audio-visual aids.
b) Government instrumentalities operating passenger trains including the Light Rail Transit
Authority shall have provided the number of seats for disabled persons.
c) Government instrumentalities operating passenger airplanes shall provide and designate the
number of seats for disabled persons and shall likewise place the audio-visual aids
4.2.4 Existing Public Transport Vehicles The minimum accessibility requirements shall apply to
all existing units of public transport vehicles, and including those units, which are to be repaired
and renovated.
4.2.5 Public Telephones At least one unit of public telephones for every four (4) units shall be
accessible to disabled persons and shall be provided with visual aids required, provided that if
only (1) public telephone is to be installed in a particular place the same shall be accessible to
disabled persons.
4.2.6 Public Transport Terminals The criteria and accessibility requirements, provided for public
and private buildings and related structures for public use shall apply to public transport
terminals.
5. Special Standards of Accessibility:
Where the requirements for accessibility in the Rules will create an unreasonable hardship in
design/construction, special standards of accessibility through the use of other methods and/or
materials shall be allowed if better facilities can be provided subject to the approval of the
National Council for the Welfare of Disabled Persons..
RULE II MINIMUM REQUIREMENTS FOR ACCESSIBILITY
1. Design Criteria:
1.1 CATEGORIES OF DISABLED PERSONS. The categories of disability dictate the varied
measures to be adopted in order to create an accessible environment for the handicapped.
Disabled persons under these Rules may be classified into those who have:
1.1.1 Impairments requiring confinement to wheelchairs; or
1.1.2 Impairments causing difficulty or insecurity in walking or climbing stairs or requiring the use
of braces, crutches or other artificial supports; or impairments caused by amputation, arthritis,
spastic conditions or pulmonary, cardiac or other ills rendering individuals semi-ambulatory; or
1.1.3 Total or partial impairments of hearing or sight causing insecurity or like hood of exposure
to danger in public places; or
1.1.4 Impairments due to conditions of aging and in coordination;
1.1.5 Mental impairments whether acquired or congenital in nature.
1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR DESIGN.
The minimum and maximum dimensions for spaces in the built environment should consider the
following criteria:
1.2.1 The varying sizes and statures of persons of both sexes, their reaches and their lines of
sight at both the standing and sitting positions.
1.2.2 The dimensional data of the technical aids of disabled persons. Included in the second
consideration are the dimensions of wheelchairs; the minimum spaces needed for locking and
unlocking leg braces plus the range of the distance of crutches and other walking aids from
persons using such devices. By applying at this very early stage dimensional criteria which take
into account wheelchair usage, the physical environment will ultimately encouraged and enable
wheelchair users to make full use of their physical surroundings.
1.2.3 The provision of adequate space for wheelchair maneuvering generally insures adequate
space for disabled persons equipped with other technical aids or accompanied by assistants. In
determining the minimum dimensions for furniture and fixtures accessible to disabled persons,
the following anthropometrics data shall serve as guides for design: The length of wheelchairs
varies from 1.10 m to 1.30 m . The width of wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50
m in diameter is a suitable guide in the planning of wheelchair turning spaces. The comfortable
reach of persons confined to wheelchairs is from 0.70 m to 1.20 m above the floor and not less
than 0.40 m from room corners. The comfortable clearance for knee and leg space under tables
for wheelchair users is 0.70 m. Counter height shall be placed at a level comfortable to disabled
persons reach.
1.3 BASIC PHYSICAL PLANNING REQUIREMENTS. No group of people shall be deprived of
full participation and enjoyment of the environment or be made unequal with the rest due to any
disability. In order to achieve this goal adopted by the United Nations, certain basic principles
shall be applied:
1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be accessible to
all people. This means that no criteria shall impede the use of facilities by either the handicapped
or nondisabled citizens.
1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical environment
so that as many places or buildings as possible can be reached by all.
1.3.3 USABILITY. The built environment shall be designed so that all persons, whether they be
disabled or not, may use and enjoy it.
1.3.4 ORIENTATION. Finding a persons way inside and outside of a building or open space
shall be made easy for everyone.
1.3.5 SAFETY. Designing for safety insures that people shall be able to move about with less
hazards to life and health.
1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be designed to allow the
disabled citizens to participate and contribute to developmental goals
RULE III SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED STRUCTURES FOR
PUBLIC USE
1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:
1.1 Occupancy classified by categories enumerated in Section 710 of the National Building Code
(PD 1096) are hereby adapted
1.1.1 Category I Residential This shall comprise Group A and partly Group b Buildings
1.1.2 Category II Commercial and Industrial This shall comprise partly Groups B, C, E, F,
G, H, AND I Buildings
1.1.3 Category III Educational and Industrial This shall comprise partly Group C, D, E,
and H Buildings
1.1.4 Category IV Agriculture This shall comprise partly Group J Buildings.
1.1.5 Category V Ancillary This shall comprise partly Group J Buildings.
2. ARCHITECTURAL FEATURES AND FACILITIES: Where the following features and facilities
are: architectural design requirements in accordance with generally accepted architectural
practice, the same include the corresponding graphic signs.
2.1 Architectural facilities and features:
2.1.1 A Stairs
2.1.2 B Walkways
2.1.3 C Corridors
2.1.4 D Doors and Entrance
2.1.5 E Washrooms and Toilets
2.1.6 F Lifts/Elevator
2.1.7 G Ramps
2.1.8 H Parking Areas
2.1.9 I Switches, Controls, Buzzers
2.1.10 J Handrails
2.1.11 K Thresholds
2.1.12 L Floor Finishes
2.1.13 M Drinking Fountains
2.1.14 N Public Telephones
2.1.15 O Seating Accommodations
3. CATEGORY I The following requirements shall only apply to government-owned building:
3.1 Group A
3.1.1 Single detached. Ten percent (10%) of the total units to be constructed. Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.2 Duplexes: Ten percent (10%) of the total units to be constructed. Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.3 School or company staff housing units: One (1) unit for 26 to 50 units to be constructed and
1 additional unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, K, and M.
4. Category II The following requirement shall apply to both government and privately owned
buildings.
4.1 Group B
4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or town houses.
One (1) unit for every 50 units up to 150 units and an additional unit for every 100 units
thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to
150 units and additional unit for every 100 units at ingress level. In case there is no barrier-free
elevators: at least one (1) unit shall be provided at ingress level. Barrier-free facilities and
features required in: A, B, C, D, E, F, G, H, I, J, K, L, M, and N.
4.1.3 Private or off campus Dormitories: One (1) unit per every 50 unit up to150 units and
additional dwelling unit for every 100 units thereafter at ingress level. Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, K, L, M, and N.
4.2 Group C
4.2.1 Amusement Halls and Parlor Barrier-free facilities and features required in A, B, C, D, E, F,
G, H, I, J, K, L, M, N, and O.
4.2.2 Massage and Sauna Parlors Barrier-free facilities and features required in A, B, C, D, E, F,
G, H, I, J, K, L, and M.
4.3 Group E-1
4.3.1 Train Stations and Terminals Barrier-free facilities and features required in A, B, C, D, E, F,
G, H, I, J, K, L, M, N, and O.
4.3.2 Bus depots and Terminals Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L,
M, N, and O.
4.3.3 Transportation Office Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N,
and O.
4.3.4 Airport terminal buildings, heliports Barrier-free facilities required in A, B, C, D, E, F, G, H, I,
J, K, L, M, N, and O.
4.3.5 Ports and harbor facilities, landing piers, sheds, ferry landing stations Barrier-free facilities
required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.4 Group E-2
4.4.1 General wholesale and retail stores Barrier-free facilities and features required in A, B, C,
D, E, F, G, H, I, J, K, L, and N.
4.4.2 Shopping centers and supermarkets and public markets Barrier-free facilities and features
required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.3 Restaurants, dining and drinking establishments Barrier-free facilities and features required
in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.4 Office buildings Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K,
L, and N.
4.4.5 Financial Institutions Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I,
J, K, L, and N.
4.4.6 Funeral parlors, morgues and crematories Barrier-free facilities and features required in A,
B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.4.7 Memorial and Mortuary Chapels Barrier-free facilities and features required in A, B, C, D, E,
F, G, H, I, J, K, L, M, N, and O.
4.5 Group H-I, Group H-4, and Group I
4.5.1 Theaters, Auditoriums and Convention Halls Barrier-free facilities and features required in:
A, B, C, D, E, G, H, J, K, L, M, N, and O.
4.5.2 Concert Halls and Opera Houses Barrier-free facilities and features required in: A, B, C, D,
E, G, H, J, K, L, M, N, and O
4.5.3 Colisea and Sports Complex and Stadiums Barrier-free facilities and features required in: A,
B, C, D, E, G, H, J, K, L, M, N, and O
4.6 Group F
4.6.1 Dairies and Creameries Barrier-free facilities and features required in: A, B, C, D, E, G, H, I,
J, K, L, and M.
4.6.2 Factories and workshops using incombustible or non-explosive materials Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.6.3 Breweries bottling plants, canneries and tanneries Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.7 Groups G-3
4.7.1 Wood working establishments, lumber and timber yards. Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.2 Pulp, paper and paper board factories Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, L, L, and M.
4.7.3 Textile and fiber spinning mills Barrier-free facilities and features required in: A, B, C, D, E,
G, H, I, J, L, L, and M.
4.7.4 Garment and undergarment factories Barrier-free facilities and features required in: A, B, C,
D, E, G, H, I, J, L, L, and M.
5. CATEGORY III
5.1 Group C
5.1.1 Educational institutions (schools, colleges, universities, vocational schools, seminaries and
novitiates), including school auditoriums, gymnasia, reviewing stands, little theaters and concert
halls. Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.2 Libraries, museums, exhibition halls and art galleries Barrier-free facilities and features
required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.3 Civil Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M,
N, and O.
5.1.4 Clubhouses lodges Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K,
L, M, N, and O.
5.2 Group D-I
5.2.1 Mental hospitals, mental sanitaria, mental asylums Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, K, L, and M.
5.2.2 Jails, prison, reformatories, correctional institutions Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.2.3 Rehabilitation Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, I,
J, K, L, and M
5.2.4 Leprosaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and
M
5.3 Group D-2
5.3.1 Homes for the Aged Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J,
K, L, and M
5.3.2 Hospitals and Sanitaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I,
J, K, L, and M
5.4 Group D-3
5.4.1 Nursing Homes for ambulatory patients Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, K, L, and M
5.4.2 Orphanages Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L,
and M
5.5 Group E-7
5.5.1 Police and fire stations Barrier-free facilities and features required in: A, B, C, D, E, G, H, I,
J, K, L, and M
5.6 Group H
5.6.1 Churches, temples, chapels and similar places of worship Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, K, L, M, and O.
6. CATEGORY IV
6.1.1 Agricultural buildings Barrier-free facilities and features required in: A, B, C, D, G, H, I, J, K,
and L.
7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES
7.1 The provision of this section shall apply to the specified type of facilities and identified specific
requirements for accessibility and usability which shall be provided for each of the listed
occupancy uses.
a) Seating for the disabled shall be accessible from the main lobby to primary entrances, together
with related toilet facilities.
b) In all assembly places where seating accommodation is provided, there shall be spaces for the
disabled persons as provided. Seating Capacity Wheelchair Seating Space
4 50 2
51 300 4
301 500 6
c) When the seating capacity exceeds 500 an additional wheelchair seating space shall be
provided for each total seating capacity increase of 100 seats.
d) Readily removable seats may be installed in these spaces when such spaces are not required
to accommodate wheelchair users.
8. COMPUTATION OF ACCESSIBLE UNITS
In the computation for the allocation of accessible units and seating capacity decimal greater than
0.5 shall be considered as one unit. In all cases a minimum of one (1) accessible unit shall be
provided.
9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES
9.1 Graphic signs shall be bold and conspicuously installed in every access from point of entry to
connecting destination.
9.2 Walkways shall be provided with adequate passageway in accordance with provision.
9.3 Width of corridors and circulation system integrating both and vertical access to
ingress/egress level of the building shall be provided.
9.4 Doors and entrances provided herein used as entry points at entrance lobbies as local points
of congregation shall be designed to open easily or accessible from floor or to any point of
destination.
9.5 Washroom and toilets shall be accessible and provided with adequate turning space.
9.6 Whenever elevator/s is required it should meet the requirements provide.
9.7 Ramps shall be provided as means of access to level of change going to entry points and
entrances, lobbies influenced by condition of location or use.
9.8 Parking areas shall be provided with sufficient space for the disabled persons to allow easy
transfer from car park to ingress/egress levels.
9.9 Height above the floor or switches and controls shall be in accordance with the provisions.
9.10 Handrails shall be provided at both sides of ramps.
9.11 Floors provided for every route of the wheelchair shall be made of nonskid material.
9.12 Water fountains shall be installed as required. (Refer to Appendix A for the illustrations of
Rules II and III complementing Rule II of the previous implementing rules and regulations).
RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION
1. Classification of public conveyances by mode of transport shall be as follow:
1.1 Land Transportation This shall refer to buses having a minimum seating capacity of 50
persons for regular buses and 40 persons for airconditioned buses. This shall include regular city
buses, regular provincial buses, air-conditioned by city buses (Love Bus and Pag-ibig Bus) and
air conditioned tourist and provincial buses.
1.2 Rail Transportation This shall refer to the three railways systems in the country, the
Philippine National Railways (PNR) operating in Luzon, the Panay Railways Corporation (PRC)
operating in the island of Panay and the Light Rail Transit Authority (LRTA) operating in Metro
Manila.
1.3 Water Transportation This shall refer to domestic passenger ships, ferryboats and other
water transportation vessels.
1.4 Air Transportation This shall refer to the domestic passenger airplanes.
2. No franchise or permit to operate public transportation units shall be granted issued or
renewed unless such units are constructed or renovated in accordance with the requirements.
3. If feasible, all owners or operators of existing public transport utilities shall modify or renovate
their units to accommodate disabled persons.
4. The construction or renovation of public transport utilities covered by these rules shall be
subject to compliance with the body designs and specifications as provided under existing rules
and regulations.
5. Posters or stickers shall be conspicuously displayed inside the units.
6. Public transportation shall have designated seats for disabled persons.
6.1 Regular buses shall have at least five (5) designated seats for disabled persons near
exit/entrance doors.
6.2 First class, premiere and air-conditioned buses shall have at least four (4) designated seats
for disabled persons near the door.
6.3 Passenger trains shall have at least six (6) designated seats per car for disabled persons
nearest to the door.
6.4 Passenger airplanes shall have at least two (2) designated seats for disabled persons near
the front exit/entrance door on a per aircraft-type basis.
6.5 For regular and air-conditioned city buses, other passengers may use these designated seats
if not occupied and yield them to incoming disabled persons whenever the occasion arises.
6.6 For provincial buses, regular and air-conditioned buses, passenger trains and airplanes, the
designated seats for disabled persons may be occupied by other passengers only if no disabled
persons shall occupy these seats at the start of the trip.
6.7 Jeepneys shall have at least two (2) seats; preferably the front seats as designated seats for
disabled persons.
6.8 For jeepneys, other passengers may be use these designated seats if not occupied and yield
them to incoming disabled passengers only if the yielding passenger can still be accommodated
at the back
6.9 In domestic shipping, each vessel shall:
a. Allocate on a per class-basis, areas for disabled passengers. These areas shall be nearest to
the entrance and/or exit doorways of the vessels.
b. Give priority to disabled passengers embarkation and disembarkation through the assignment
of time windows. Disabled passengers shall be given a twenty (20) minute period to embark
ahead of the three (3) hour embarkation time prior to the ships departure; and shall be
allocated a maximum of one (1) hour for disembarkation after the ships arrival.
7. The designated seats shall be identified by the International Symbol of Access.
8. Owners or operators of city buses operating in highly urbanized cities shall install in their units
audiovisual aids such as buzzer, bell, flashing light to inform the driver of any alighting
passenger.
9. At least one deck in passenger ships shall be provided with accessible ramps, passageway,
access to gangways, galleys, safety equipment and bunks/berths/cabins with dimensions
conforming with the requirements.
RULE V ADMINISTRATION AND ENFORCEMENT
1. Responsibility for Administration and Enforcement
The administration and enforcement of the provision of these Rules and Regulations shall be
vested in the Secretary of Public Works and Highways and the Secretary of transportation and
Communications, in accordance with the functions and jurisdiction of their respective
Departments as provided for by laws as follows.
1.1 The Secretary through the Heads of attached agencies of the Department of Public Works
and Highways, with the technical assistance of the Building Research Development Staff, shall
administer and enforce the provisions of these Rules and Regulations through the City/Municipal
Engineer who shall also act as Local Building Official pursuant to Section 477 of R.A. 7160,
otherwise known as the Local Government Code of 1991 and as applied for the following:
1.1.1 Buildings and related structures including public transport terminals
1.1.2 Streets and Highways
1.2 The Secretary of transportation and Communication shall administer and enforce the
provisions of these Rules and Regulations through the Heads of Line and Attached Agencies of
the Department as follows:
1.2.1 Land Transportation Franchising and Regulatory Board In respect to the issuance of
Certificate of Public Convenience (CPC) and Provisional Authority (PA) for the operation of public
road transportation utilities or services.
1.2.2 Land Transportation Office In respect to the registration of buses and jeepneys and
enforcement of regulations related to land transport.
1.2.3 Philippine National Railways and the Light Rail Transit Authority For the operation of
passenger trains and including stations and terminals.
1.2.4 Maritime Industry Authority In respect to the development promotion, and regulation of all
enterprises engaged in business of designing, constructing, manufacturing, acquiring, operating,
supplying, repairing and/or maintaining vessels or components thereof; of managing and/or
operating shipping lines, shipyards, dry docks, marine railways, marine repair shops, shipping
and freight forwarding agencies and similar enterprises; issuance of license to all water transport
vessels.
1.2.5 Philippine Ports Authority In respect to the planning, development, financing, construction,
maintenance and operation of ports, port facilities, port physical plants, and all equipment used in
connection with the operation of a port.
1.2.6 Civil Aeronautics Board In respect to the supervision and regulation of, the jurisdiction
and control over air carriers, general sales agents, cargo sales agents and airfreight for warders,
and issuance of certificates/licenses to aircrafts.
1.2.7 Air Transportation Office In respect to the maintenance, operation and development, of all
government airports (other than the NAIA, Mactan International Airport) as well as air navigation
facilities (excluding meteorology).
2. Criminal Liability
As stipulated in Section 46 of R.A. 7277, otherwise known as the Magna Carta for Disabled
Persons
(a), any person who violates any provision of the rules and regulations of this Act shall suffer the
following penalties:
1) For the first violation, a fine of not less than Fifty thousand pesos (P50, 000.00) but not
exceeding One hundred thousand pesos (P100, 000.00) or imprisonment of not less than six (6)
months but not more than two (2) years, or both at the discretion of the court; and
2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,
000.00) but not exceeding Two hundred thousand pesos (P200, 000.00) or imprisonment for not
less than two (2) years but not more than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of
not less than six (6) months or a fine of not less than Five thousand pesos (P50, 000.00), or both,
at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly
involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.
PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THE ACT
For Buildings/Establishment/Structure
Owner or Operator of the Building, Establishment or Structure
Contractor
Architect
Engineer
Building Official or Other Public Official in-charge with the issuance of building permit,
registration, certification and/or inspection of the building, establishment or structure
For Air, Land and Sea Transportation
Owner/Operator of Public Transportation
Body builders
Safety Officers/Engineering/Managers
Drivers/Conductors/Conductresses
Public Official in-charge with the issuance of permits, registration, certification and inspection of
the public transportation
EFFECTIVITY
These Rules shall take effect thirty (30) days After the date of publication in the Official Gazette
(SGD) JESUS B. GARCIA, JR.
Secretary
(SGD) GREGORIO R. VIGILAR
Secretary
Department of Public Works and Highways
In coordination with:
The NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS
By:
(SGD) CORAZON ALMA G. DE LEON
Chairman
 REPUBLIC ACT NO. 10151

AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES

130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 130 of the Labor Code is hereby repealed.

SEC. 2. Article 131 of the Labor Code is hereby repealed.

SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of Presidential Decree No.
442 are hereby renumbered accordingly.

SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to
read as follows:

Chapter V

Employment of Night Workers

Art. 154. Coverage. This chapter shall apply to all persons, who shall be employed or permitted or
suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport
and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval
from midnight to five oclock in the morning, to be determined by the Secretary of Labor and Employment,
after consulting the workers representatives/labor organizations and employers.

Night worker means any employed person whose work requires performance of a substantial number of
hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after
consulting the workers representatives/labor organizations and employers.

Art. 155. Health Assessment, At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid health problems associated
with their work:

(a) Before taking up an assignment as a night worker;

(b) At regular intervals during such an assignment; and

(c) If they experience health problems during such an assignment which are not caused by factors other
than the performance of night work.

With the exception of a finding of unfitness for night work, the findings of such assessments shall not be
transmitted to others without the workers consent and shall not be used to their detriment.

Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available for workers performing
night work, including arrangements where such workers, where necessary, can be taken immediately to a
place for appropriate treatment. The employers are likewise required to provide safe and healthful working
conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment
and transportation from the work premises to the nearest point of their residence subject to exceptions
and guidelines to be provided by the DOLE.

Art. 157. Transfer. Night workers who are certified as unfit for night work, due to health reasons, shall
be transferred, whenever practicable, to a similar job for which they are fit to work.

If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as
other workers who are unable to work, or to secure employment during such period.

A night worker certified as temporarily unfit for night work shall be given the same protection against
dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.

Art. 158. Women Night Workers. Measures shall be taken to ensure that an alternative to night work is
available to women workers who would otherwise be called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between
the time before and after childbirth;

(b) For additional periods, in respect of which a medical certificate is produced stating that said additional
periods are necessary for the health of the mother or child:

(1) During pregnancy;

(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above,
the length of which shall be determined by the DOLE after consulting the labor organizations and
employers.

During the periods referred to in this article:

(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised
causes provided for in this Code that are not connected with pregnancy, childbirth and childcare
responsibilities.

(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion
which may attach to her regular night work position.

Pregnant women and nursing mothers may he allowed to work at night only if a competent physician,
other than the company physician, shall certify their fitness to render night work, and specify, in the ease
of pregnant employees, the period of the pregnancy that they can safely work.

The measures referred to in this article may include transfer to day work where this is possible, the
provision of social security benefits or an extension of maternity leave.

The provisions of this article shall not have the effect of reducing the protection and benefits connected
with maternity leave under existing laws.

Art. 159. Compensation. The compensation for night workers in the form of working time, pay or similar
benefits shall recognize the exceptional nature of night work.

Art. 160. Social Services.Appropriate social services shall be provided for night workers and, where
necessary, for workers performing night work.

Art. 161. Night Work Schedules. Before introducing work schedules requiring the services of night
workers, the employer shall consult the workers representatives/labor

organizations concerned on the details of such schedules and the forms of organization of night work that
are best adapted to the establishment and its personnel, as well as on the occupational health measures
and social services which are required. In establishments employing night workers, consultation shall take
place regularly.

SEC. 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442
are hereby renumbered accordingly.

SEC. 6. Application. The measures referred to in this chapter shall be applied not later than six (G)
months from the effectivity of this Act.

SEC. 7. Guidelines. The DOLE shah promulgate appropriate regulations in addition to existing ones to
ensure protection, safety and welfare of night workers.

SEC. 8. Penalties. Any violation of this Act, and the rules and regulations issued pursuant hereof shall
be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand
pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court.
If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the
penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or
association, or entity.

SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional, the same shall not
affect the validity and effectivity of the other provisions not affected thereby.
SEC. 10. Repealing Clause. All laws, acts, decrees, executive orders, rules and regulations or other
issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed.

SEC. 11 Effectivity Clause. This Act shall take effect after fifteen (15) days following its publication in
two (2) national newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2701 and House Bill No. 4276 was finally passed by
the Senate and the House of Representatives on May 30, 2011 and June 8, 2011, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General House of Representatives Secretary of the senate

Approved: June 21, 2011

ernity cases or sanitarial care; or

infirmaries, nurseries, dispensaries, rehabilitation centers and such other similar names by which they may be

designated; or

(2) a health care professional, who is any doctor of medicine, nurse, midwife, dentist, or other health care
professional

or practitioner duly licensed to practice in the Philippines and accredited by the Corporation; or

(3) a health maintenance organization, which is entity that provides, offers, or arranges for coverage of designated

health services needed by plan members for a fixed prepaid premium; or

(4) a community-based health organization, which is an association of indigenous members of the community

organized for the purpose of improving the health status of that community through preventive, promotive and

curative health services.

p) Health Insurance Identification (ID) Card - The document issued by the Corporation to members and dependents

upon their enrollment to serve as the instrument for proper identification, eligibility verification, and utilization
recording.

q) Indigent - A person who has no visible means of income, or whose income is insufficient for the subsistence of his

family, as identified by the Local Health Insurance Office and based on specific criteria set by the Corporation in

accordance with the guiding principles set forth in Article I of this Act.

r) Inpatient Education Package - A set of informational services made available to an individual who is confined in a

hospital to afford him with knowledge about his illness and its treatment, and of the means available, particularly

lifestyle changes, to prevent the recurrence or aggravation of such illness and to promote his health in general.

s) Member - Any person whose premiums have been regularly paid to the National Health Insurance Program. He
may

be a paying member, or a pensioner/retiree member.

t) Means Test - A protocol administered at the barangay level to determine the ability of individuals or households to
pay

varying levels of contributions to the Program, ranging from the indigent in the community whose contributions
should

be totally subsidized by the government, to those who can afford to subsidize part but not all the required
contributions

for the Program.

u) Medicare - The health insurance program currently being implemented by the Philippine Medical Care
Commission.

It consists of:

(1) Program I, which covers members of the SSS and GSIS including their legal dependents; and

(2) Program II, which is intended for those not covered under Program I.

v) National Health Insurance Program - The compulsory health insurance program of the government as established
in

this Act, which shall provide universal health insurance coverage and ensure affordable, acceptable, available and
accessible health care services for all citizens of the Philippines.

w) Pensioner - An SSS or GSIS member who receives pensions therefrom.

x) Personal Health Services - Health Services in which benefits accrue to the individual person. These are
categorized

into inpatient and outpatient services.

y) Philippine Medical Care Commission - The Philippine Medical Care Commission created under Republic Act No.

6111, as amended.z) Philippine National Drug Formulary - The essential drugs list for the Philippines which is
prepared by the National

Drug Committee of the Department of Health in Consultation with experts and specialists from organized profession

medical societies, medical academe and the pharmaceutical industry, and which is updated every year.

aa) Portability - The enablement of a member to avail of Program benefits in an area outside the jurisdiction of his

Local Health Insurance Office.

bb) Prescription Drug - A drug which has been approved by the Bureau of Food and Drug and which can be

dispensed only pursuant to a prescription order from a physician who is duly licensed to do so.

cc) Public Health Services - Services that strengthen preventive and promotive health care through improving

conditions in partnership with the community at large. These include control of communicable and non-
communicable

diseases, health promotion, public information and education, water and sanitation, environmental protection, and

health-related data collection, surveillance, and outcome monitoring.

dd) Quality Assurance - A formal set of activities to review and ensure the quality of services provided. Quality

assurance includes quality assessment and corrective actions to remedy any deficiencies identified in the quality

of direct patient, administrative, and support services.

ee) Residence - The place where the member actually lives.

ff) Retiree - A member of the Program who has reached the age of retirement or who was retired on account of

disability.

gg) Self-employed - A person who works for himself and is therefore both employee and employer at the same time.

hh) Social Security System - The Social Security System created under Republic Act No. 1161, as amended.

ii) Treatment Procedure - Any method used to remove the symptoms and cause of a disease.

jj) Utilization Review - A formal review of a patient utilization or of the appropriateness of health care services, on a

prospective, concurrent or retrospective basis.

kk) Rehabilitation Center - Refers to a facility, which undertakes rehabilitation of drug dependents. It includes

institutions, agencies and the like which have for their purpose, the development of skills, or which provides
counseling,

or which seeks to inculcate, social and moral values to clientele who have a drug problem with the pain of weaning

them from drugs and making them drug-free, adapted to their families and peers, and readjusted into the community

as law-abiding, useful and productive citizens.

ll) Home Care and Medical Rehabilitation Services - Refer to skilled nursing care, which members get in their
homes/clinics for the treatment of an illness or injury that severely affects their activities or daily living. Home care

and medical rehabilitation services include hospice or palliative care for people who are terminally ill but does not

include custodial and non-skilled personal care.

Section 2. Section 11 of the same Act shall now read as follows:

SEC. 11. Excluded Personal Health Services.- The benefits granted under this Act shall not cover expenses for the

services enumerated hereunder except when the Corporation, after actuarial studies, recommends their inclusion
subject

to the approval of the Board:

(a) non-prescription drugs and devices;

(b) alcohol abuse or dependency treatment;

(c) cosmetic surgery;

(d) optometric services;

(e) fifth and subsequent normal obstetrical deliveries; and

(f) cost-ineffective procedures, which shall be defined by the Corporation.

Provided, That, such actuarial studies must be done within a period of three (3) years, and then periodically
reviewed,

to determine the financial sustainability of including the foregoing personal health services in the benefit package

provided for under Section 10 of this Act.Section 3. Section 18 of the Law shall be amended to read as follows:

SEC. 18. The Board of Directors.

a) Composition - The Corporation shall be governed by a Board of Directors hereinafter referred to as the Board,

composed of the following members:

The Secretary of Health;

The Secretary of Labor and Employment or his representative;

The Secretary of the Interior and Local Government or his Representative;

The Secretary of Social Welfare and Development or his Representative;

The President of the Corporation;

A representative of the labor sector;

A representative of employers;

The SSS Administrator or his representative;

The GSIS General Manager or his representative;

The Vice chairperson for the basic sector of the National Anti-Poverty Commission or his representative;

A representative of Filipino overseas workers;

A representative of the self-employed sector; and

A representative of health care providers to be endorsed by the national associations of health care institutions and

medical health professionals.

The Secretary of Health shall be the ex officio Chairperson while the President of the President of the Corporation
shall be the Vice Chairperson of the Board.

b) Appointment and Tenure - The President of the Philippines shall appoint the Members of the Board upon the

recommendation of the Chairman of the Board and in consultation with the sectors concerned. Members of the
Boards

shall have a term of four (4) years each, renewable for a maximum of two (2) years, except for members whose terms

shall be co-terminous with their respective positions in government. Any vacancy in the Board shall be filled in the

manner in which the original appointment was made and the appointee shall serve only the unexpired term of his

predecessor.

c) Meetings and Quorum. - The Board shall hold regular meetings at least once a month. Special meetings may be

convened at the call of the Chairperson or by a majority of the members of the Board. The presence of a majority of
all

the members shall constitute a quorum. In the absence of the Chairperson and Vice Chairperson, a temporary
presiding

officer shall be designated by the majority of the quorum.

d) Allowances and Per Diems - The members of the Board shall receive a per diem for every meeting actually
attended

subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances.

Section 4. Section 29 of the Law shall now read as follows:

SEC. 29. Payment of Indigent Contributions.- Contributions for indigent members shall be subsidized partially by
the

local government unit where the member resides. The Corporation shall provide counterpart financing equal to the
LGUs

subsidy for indigents: Provided, That in the case of the fourth, fifth and sixth class municipalities, the National
Government

shall provide up to ninety percent (90%) of the subsidy for indigents until such time that they shall have been
upgraded

to first, second or third class municipalities. The share of the LGUs shall be progressively increased until such time
that

its share becomes equal to that of the National Government.

Section 5. Section 32 of the same Act shall now read as follows:

SEC. 32. Accreditation Eligibility - All health care providers, as enumerated in Section 4(o) hereof and operating for
at

least three (3) years may apply for accreditation: Provided, That a health care provider which has not operated for at

least three (3) years may likewise apply and qualify for accreditation if it complies with all the other accreditation of
and

further meets any of the following conditions:a) Its managing health care professional has had a working experience
in another accredited health care institution

for at least three (3) years;

b) It operates as a tertiary facility or its equivalent;

c) It operates in a local government unit where the accredited health care provider cannot adequately or fully service
its population; and

d) Other conditions as may be determined by the Corporation.

Section 6. The third paragraph of Section 44 (penal Provisions) of the same Act shall amend to read as follows:

Where the violations consist of failure or refusal to deduct contributions from the employees compensation or to
remit

the same to the Corporation, the penalty shall be a fine of not less than Five hundred pesos (P500) but not more than

One thousand pesos (P1,000) multiplied by the total number of employees employed by the firm and imprisonment
of

not less than six (6) months but not more than one (1) year.

Section 7. Section 54 of the Law shall be amended to read as follows:

SEC. 54. Oversight Provision.- Congress shall conduct regular review of the National Health Insurance Program,
which

shall entail a systematic evaluation of the Programs performance, impact or accomplishments with respect to its

objectives or goals. Such review shall be undertaken by the Committees of the Senate and the House of
Representatives,

which have legislative jurisdiction over the Program.

The National Economic and Development Authority, in coordination with the National Statistics Office and the
National

Institutes of Health of the University of the Philippines shall undertake studies to validate the accomplishments of the

Program. The Budget required to undertake such study shall come from the income of the PhilHealth.

Section 8. Separability Clause. - If any part or provision of this Act shall be held unconstitutional or invalid, other
provisions,

which are not affected thereby, shall continue to be in full force and effect.

Section 9. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts thereof
which

are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least (3) national
newspapers of

general circulation.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5547 and Senate Bill No. 2630 was finally passed by the House
of

Representatives and the Senate on October 15, 2003 and October 14, 2003, respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General

House of Represenatives

Approved: February 10 2004

GLORIA MACAPAGAL-ARROYO

President of the Philippines