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Republic Act No.

9262 March 08, 2004 woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship,
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR or with whom he has a common child, or against her child
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, whether legitimate or illegitimate, within or without the
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse
Be it enacted by the Senate and House of Representatives of the including threats of such acts, battery, assault, coercion,
Philippines in Congress assembled: harassment or arbitrary deprivation of liberty. It includes, but
is not limited to, the following acts:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence
Against Women and Their Children Act of 2004". A. "Physical Violence" refers to acts that include
bodily or physical harm;
SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full respect B. "Sexual violence" refers to an act which is sexual in
for human rights. The State also recognizes the need to protect the nature, committed against a woman or her child. It
family and its members particularly women and children, from includes, but is not limited to:
violence and threats to their personal safety and security.
a) rape, sexual harassment, acts of
Towards this end, the State shall exert efforts to address violence lasciviousness, treating a woman or her child
committed against women and children in keeping with the as a sex object, making demeaning and
fundamental freedoms guaranteed under the Constitution and the sexually suggestive remarks, physically
Provisions of the Universal Declaration of Human Rights, the attacking the sexual parts of the victim's body,
convention on the Elimination of all forms of discrimination Against forcing her/him to watch obscene
Women, Convention on the Rights of the Child and other publications and indecent shows or forcing
international human rights instruments of which the Philippines is a the woman or her child to do indecent acts
party. and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal
SECTION 3. Definition of Terms.- As used in this Act, home or sleep together in the same room with
the abuser;
(a) "Violence against women and their children" refers to any
act or a series of acts committed by any person against a
b) acts causing or attempting to cause the moral grounds as defined in Article 73 of the
victim to engage in any sexual activity by Family Code;
force, threat of force, physical or other harm
or threat of physical or other harm or 2. deprivation or threat of deprivation of
coercion; financial resources and the right to the use
and enjoyment of the conjugal, community or
c) Prostituting the woman or child. property owned in common;

C. "Psychological violence" refers to acts or omissions 3. destroying household property;


causing or likely to cause mental or emotional
suffering of the victim such as but not limited to 4. controlling the victims' own money or
intimidation, harassment, stalking, damage to properties or solely controlling the conjugal
property, public ridicule or humiliation, repeated money or properties.
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual (b) "Battery" refers to an act of inflicting physical harm upon
or psychological abuse of a member of the family to the woman or her child resulting to the physical and
which the victim belongs, or to witness pornography psychological or emotional distress.
in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to (c) "Battered Woman Syndrome" refers to a scientifically
custody and/or visitation of common children. defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of
D. "Economic abuse" refers to acts that make or cumulative abuse.
attempt to make a woman financially dependent
which includes, but is not limited to the following: (d) "Stalking" refers to an intentional act committed by a
person who, knowingly and without lawful justification
1. withdrawal of financial support or follows the woman or her child or places the woman or her
preventing the victim from engaging in any child under surveillance directly or indirectly or a
legitimate profession, occupation, business or combination thereof.
activity, except in cases wherein the other
spouse/partner objects on valid, serious and (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 (b) Threatening to cause the woman or her child physical
continuing basis during the course of the relationship. A harm;
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating (c) Attempting to cause the woman or her child physical
relationship. harm;

(f) "Sexual relations" refers to a single sexual act which may (d) Placing the woman or her child in fear of imminent
or may not result in the bearing of a common child. physical harm;

(g) "Safe place or shelter" refers to any home or institution (e) Attempting to compel or compelling the woman or her
maintained or managed by the Department of Social Welfare child to engage in conduct which the woman or her child has
and Development (DSWD) or by any other agency or the right to desist from or desist from conduct which the
voluntary organization accredited by the DSWD for the woman or her child has the right to engage in, or attempting
purposes of this Act or any other suitable place the resident to restrict or restricting the woman's or her child's freedom
of which is willing temporarily to receive the victim. of movement or conduct by force or threat of force, physical
or other harm or threat of physical or other harm, or
(h) "Children" refers to those below eighteen (18) years of intimidation directed against the woman or child. This shall
age or older but are incapable of taking care of themselves as include, but not limited to, the following acts committed with
defined under Republic Act No. 7610. As used in this Act, it the purpose or effect of controlling or restricting the
includes the biological children of the victim and other woman's or her child's movement or conduct:
children under her care.
(1) Threatening to deprive or actually depriving the
SECTION 4. Construction.- This Act shall be liberally construed to woman or her child of custody to her/his family;
promote the protection and safety of victims of violence against
women and their children. (2) Depriving or threatening to deprive the woman or
her children of financial support legally due her or her
SECTION 5. Acts of Violence Against Women and Their Children.- The family, or deliberately providing the woman's
crime of violence against women and their children is committed children insufficient financial support;
through any of the following acts:
(3) Depriving or threatening to deprive the woman or
(a) Causing physical harm to the woman or her child; her child of a legal right;
(4) Preventing the woman in engaging in any (4) Destroying the property and personal belongings
legitimate profession, occupation, business or activity or inflicting harm to animals or pets of the woman or
or controlling the victim's own mon4ey or properties, her child; and
or solely controlling the conjugal or common money,
or properties; (5) Engaging in any form of harassment or violence;

(f) Inflicting or threatening to inflict physical harm on oneself (i) Causing mental or emotional anguish, public ridicule or
for the purpose of controlling her actions or decisions; humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
(g) Causing or attempting to cause the woman or her child to of financial support or custody of minor children of access to
engage in any sexual activity which does not constitute rape, the woman's child/children.
by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or SECTION 6. Penalties.- The crime of violence against women and
her/his immediate family; their children, under Section 5 hereof shall be punished according to
the following rules:
(h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes (a) Acts falling under Section 5(a) constituting attempted,
substantial emotional or psychological distress to the woman frustrated or consummated parricide or murder or homicide
or her child. This shall include, but not be limited to, the shall be punished in accordance with the provisions of the
following acts: Revised Penal Code.

(1) Stalking or following the woman or her child in If these acts resulted in mutilation, it shall be punishable in
public or private places; accordance with the Revised Penal Code; those constituting
serious physical injuries shall have the penalty of prison
(2) Peering in the window or lingering outside the mayor; those constituting less serious physical injuries shall
residence of the woman or her child; be punished by prision correccional; and those constituting
slight physical injuries shall be punished by arresto mayor.
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his Acts falling under Section 5(b) shall be punished by
will; 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 SECTION 7. Venue.- The Regional Trial Court designated as a Family
arresto mayor. Court shall have original and exclusive jurisdiction over cases of
violence against women and their children under this law. In the
(b) Acts falling under Section 5(c) and 5(d) shall be punished absence of such court in the place where the offense was
by arresto mayor; 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
(c) Acts falling under Section 5(e) shall be punished by prision compliant.
correccional;
SECTION 8. Protection Orders.- A protection order is an order issued
(d) Acts falling under Section 5(f) shall be punished by arresto under this act for the purpose of preventing further acts of violence
mayor; against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection
(e) Acts falling under Section 5(g) shall be punished by prision order serve the purpose of safeguarding the victim from further
mayor; harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently
(f) Acts falling under Section 5(h) and Section 5(i) shall be regain control over her life. The provisions of the protection order
punished by prision mayor. shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection
If the acts are committed while the woman or child is order (BPO), temporary protection order (TPO) and permanent
pregnant or committed in the presence of her child, the protection order (PPO). The protection orders that may be issued
penalty to be applied shall be the maximum period of penalty under this Act shall include any, some or all of the following reliefs:
prescribed in the section.
(a) Prohibition of the respondent from threatening to commit
In addition to imprisonment, the perpetrator shall (a) pay a or committing, personally or through another, any of the acts
fine in the amount of not less than One hundred thousand mentioned in Section 5 of this Act;
pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory (b) Prohibition of the respondent from harassing, annoying,
psychological counseling or psychiatric treatment and shall telephoning, contacting or otherwise communicating with
report compliance to the court. the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the Notwithstanding other laws to the contrary, the court shall
residence of the petitioner, regardless of ownership of the order an appropriate percentage of the income or salary of
residence, either temporarily for the purpose of protecting the respondent to be withheld regularly by the respondent's
the petitioner, or permanently where no property rights are employer for the same to be automatically remitted directly
violated, and if respondent must remove personal effects to the woman. Failure to remit and/or withhold or any delay
from the residence, the court shall direct a law enforcement in the remittance of support to the woman and/or her child
agent to accompany the respondent has gathered his things without justifiable cause shall render the respondent or his
and escort respondent from the residence; employer liable for indirect contempt of court;

(d) Directing the respondent to stay away from petitioner (h) Prohibition of the respondent from any use or possession
and designated family or household member at a distance of any firearm or deadly weapon and order him to surrender
specified by the court, and to stay away from the residence, the same to the court for appropriate disposition by the
school, place of employment, or any specified place court, including revocation of license and disqualification to
frequented by the petitioner and any designated family or apply for any license to use or possess a firearm. If the
household member; offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the
(e) Directing lawful possession and use by petitioner of an appropriate authority to investigate on the offender and take
automobile and other essential personal effects, regardless appropriate action on matter;
of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the (i) Restitution for actual damages caused by the violence
parties to ensure that the petitioner is safely restored to the inflicted, including, but not limited to, property damage,
possession of the automobile and other essential personal medical expenses, childcare expenses and loss of income;
effects, or to supervise the petitioner's or respondent's
removal of personal belongings; (j) Directing the DSWD or any appropriate agency to provide
petitioner may need; and
(f) Granting a temporary or permanent custody of a
child/children to the petitioner; (k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the
(g) Directing the respondent to provide support to the petitioner and any designated family or household member,
woman and/or her child if entitled to legal support.
provided petitioner and any designated family or household (h) At least two (2) concerned responsible citizens of the city
member consents to such relief. or municipality where the violence against women and their
children occurred and who has personal knowledge of the
Any of the reliefs provided under this section shall be granted offense committed.
even in the absence of a decree of legal separation or
annulment or declaration of absolute nullity of marriage. SECTION 10. Where to Apply for a Protection Order. – Applications
for BPOs shall follow the rules on venue under Section 409 of the
The issuance of a BPO or the pendency of an application for Local Government Code of 1991 and its implementing rules and
BPO shall not preclude a petitioner from applying for, or the regulations. An application for a TPO or PPO may be filed in the
court from granting a TPO or PPO. regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the place
SECTION 9. Who may file Petition for Protection Orders. – A petition of residence of the petitioner: Provided, however, That if a family
for protection order may be filed by any of the following: court exists in the place of residence of the petitioner, the
application shall be filed with that court.
(a) the offended party;
SECTION 11. How to Apply for a Protection Order. – The application
(b) parents or guardians of the offended party; 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
(c) ascendants, descendants or collateral relatives within the incidental relief in any civil or criminal case the subject matter or
fourth civil degree of consanguinity or affinity; issues thereof partakes of a violence as described in this Act. A
standard protection order application form, written in English with
(d) officers or social workers of the DSWD or social workers translation to the major local languages, shall be made available to
of local government units (LGUs); facilitate applications for protections order, and shall contain,
among other, the following information:
(e) police officers, preferably those in charge of women and
children's desks; (a) names and addresses of petitioner and respondent;

(f) Punong Barangay or Barangay Kagawad; (b) description of relationships between petitioner and
respondent;
(g) lawyer, counselor, therapist or healthcare provider of the
petitioner; (c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
specified in Section 8 herein; Pesos (P50,000.00) and/or imprisonment of six (6) months.

(e) request for counsel and reasons for such; SECTION 13. Legal Representation of Petitioners for Protection
Order. – If the woman or her child requests in the applications for a
(f) request for waiver of application fees until hearing; and protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall
(g) an attestation that there is no pending application for a immediately direct the Public Attorney's Office (PAO) to represent
protection order in another court. the petitioner in the hearing on the application. If the PAO
determines that the applicant can afford to hire the services of a
If the applicants is not the victim, the application must be counsel de parte, it shall facilitate the legal representation of the
accompanied by an affidavit of the applicant attesting to (a) the petitioner by a counsel de parte. The lack of access to family or
circumstances of the abuse suffered by the victim and (b) the conjugal resources by the applicant, such as when the same are
circumstances of consent given by the victim for the filling of the controlled by the perpetrator, shall qualify the petitioner to legal
application. When disclosure of the address of the victim will pose representation by the PAO.
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 However, a private counsel offering free legal service is not barred
municipality or city over which court has territorial jurisdiction, and from representing the petitioner.
shall provide a mailing address for purpose of service processing.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and
An application for protection order filed with a court shall be How. - Barangay Protection Orders (BPOs) refer to the protection
considered an application for both a TPO and PPO. order issued by the Punong Barangay ordering the perpetrator to
desist from committing acts under Section 5 (a) and (b) of this Act.
Barangay officials and court personnel shall assist applicants in the A Punong Barangay who receives applications for a BPO shall issue
preparation of the application. Law enforcement agents shall also the protection order to the applicant on the date of filing after ex
extend assistance in the application for protection orders in cases parte determination of the basis of the application. If the Punong
brought to their attention. Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs Kagawad. If the BPO is issued by a Barangay Kagawad the order
issued under this Act shall be enforceable anywhere in the must be accompanied by an attestation by the Barangay
Philippines and a violation thereof shall be punishable with a fine
Kagawad that the Punong Barangay was unavailable at the time for the hearing on the PPO, the court shall appoint a lawyer for the
the issuance of the BPO. BPOs shall be effective for fifteen (15) days. respondent and immediately proceed with the hearing. In case the
Immediately after the issuance of an ex parte BPO, the Punong respondent fails to appear despite proper notice, the court shall
Barangay or Barangay Kagawad shall personally serve a copy of the allow ex parte presentation of the evidence by the applicant and
same on the respondent, or direct any barangay official to effect is render judgment on the basis of the evidence presented. The court
personal service. shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant
The parties may be accompanied by a non-lawyer advocate in any or the person for whom the applicant is made.
proceeding before the Punong Barangay.
The court shall, to the extent possible, conduct the hearing on the
SECTION 15. Temporary Protection Orders. – Temporary Protection merits of the issuance of a PPO in one (1) day. Where the court is
Orders (TPOs) refers to the protection order issued by the court on unable to conduct the hearing within one (1) day and the TPO issued
the date of filing of the application after ex parte determination that is due to expire, the court shall continuously extend or renew the
such order should be issued. A court may grant in a TPO any, some TPO for a period of thirty (30) days at each particular time until final
or all of the reliefs mentioned in this Act and shall be effective for judgment is issued. The extended or renewed TPO may be modified
thirty (30) days. The court shall schedule a hearing on the issuance by the court as may be necessary or applicable to address the needs
of a PPO prior to or on the date of the expiration of the TPO. The of the applicant.
court shall order the immediate personal service of the TPO on the
respondent by the court sheriff who may obtain the assistance of law The court may grant any, some or all of the reliefs specified in Section
enforcement agents for the service. The TPO shall include notice of 8 hereof in a PPO. A PPO shall be effective until revoked by a court
the date of the hearing on the merits of the issuance of a PPO. upon application of the person in whose favor the order was issued.
The court shall ensure immediate personal service of the PPO on
SECTION 16. Permanent Protection Orders. – Permanent Protection respondent.
Order (PPO) refers to protection order issued by the court after
notice and hearing. 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
Respondents non-appearance despite proper notice, or his lack of a application.
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 Regardless of the conviction or acquittal of the respondent, the
of a PPO. If the respondents appears without counsel on the date of 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 SECTION 21. Violation of Protection Orders. – A complaint for a
showing that the act from which the order might arise did not exist. violation of a BPO issued under this Act must be filed directly with
any municipal trial court, metropolitan trial court, or municipal
SECTION 17. Notice of Sanction in Protection Orders. – The following circuit trial court that has territorial jurisdiction over the barangay
statement must be printed in bold-faced type or in capital letters on that issued the BPO. Violation of a BPO shall be punishable by
the protection order issued by the Punong Barangay or court: imprisonment of thirty (30) days without prejudice to any other
criminal or civil action that the offended party may file for any of the
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." acts committed.

SECTION 18. Mandatory Period For Acting on Applications For A judgement of violation of a BPO ma be appealed according to the
Protection Orders – Failure to act on an application for a protection Rules of Court. During trial and upon judgment, the trial court may
order within the reglementary period specified in the previous motu proprio issue a protection order as it deems necessary without
section without justifiable cause shall render the official or judge need of an application.
administratively liable.
Violation of any provision of a TPO or PPO issued under this Act shall
SECTION 19. Legal Separation Cases. – In cases of legal separation, constitute contempt of court punishable under Rule 71 of the Rules
where violence as specified in this Act is alleged, Article 58 of the of Court, without prejudice to any other criminal or civil action that
Family Code shall not apply. The court shall proceed on the main case the offended party may file for any of the acts committed.
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 SECTION 22. Applicability of Protection Orders to Criminal Cases. –
conducted within the mandatory period specified in this Act. The foregoing provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving violence
SECTION 20. Priority of Application for a Protection Order. – Ex parte against women and their children.
and adversarial hearings to determine the basis of applications for a
protection order under this Act shall have priority over all other SECTION 23. Bond to Keep the Peace. – The Court may order any
proceedings. Barangay officials and the courts shall schedule and person against whom a protection order is issued to give a bond to
conduct hearings on applications for a protection order under this keep the peace, to present two sufficient sureties who shall
Act above all other business and, if necessary, suspend other undertake that such person will not commit the violence sought to
proceedings in order to hear applications for a protection order. be prevented.
Should the respondent fail to give the bond as required, he shall be SECTION 27. Prohibited Defense. – Being under the influence of
detained for a period which shall in no case exceed six (6) months, if alcohol, any illicit drug, or any other mind-altering substance shall
he shall have been prosecuted for acts punishable under Section 5(a) not be a defense under this Act.
to 5(f) and not exceeding thirty (30) days, if for acts punishable under
Section 5(g) to 5(I). SECTION 28. Custody of children. – The woman victim of violence
shall be entitled to the custody and support of her child/children.
The protection orders referred to in this section are the TPOs and Children below seven (7) years old older but with mental or physical
the PPOs issued only by the courts. disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to otherwise.
5(f) shall prescribe in twenty (20) years. Acts falling under Sections
5(g) to 5(I) shall prescribe in ten (10) years. A victim who is suffering from battered woman syndrome shall not
be disqualified from having custody of her children. In no case shall
SECTION 25. Public Crime. – Violence against women and their custody of minor children be given to the perpetrator of a woman
children shall be considered a public offense which may be who is suffering from Battered woman syndrome.
prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors
of the crime. and court personnel should observe the following duties when
dealing with victims under this Act:
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-
survivors who are found by the courts to be suffering from battered a) communicate with the victim in a language understood by
woman syndrome do not incur any criminal and civil liability the woman or her child; and
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code. b) inform the victim of her/his rights including legal remedies
available and procedure, and privileges for indigent litigants.
In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the SECTION 30. Duties of Barangay Officials and Law Enforcers. –
commission of the crime, the courts shall be assisted by expert Barangay officials and law enforcers shall have the following duties:
psychiatrists/ psychologists.
(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 (P10,000.00) or whenever applicable criminal, civil or administrative
and ensure the safety of the victim/s; liability.

(b) confiscate any deadly weapon in the possession of the SECTION 31. Healthcare Provider Response to Abuse – Any
perpetrator or within plain view; healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or
(c) transport or escort the victim/s to a safe place of their counselor who suspects abuse or has been informed by the victim of
choice or to a clinic or hospital; violence shall:

(d) assist the victim in removing personal belongs from the (a) properly document any of the victim's physical, emotional
house; or psychological injuries;

(e) assist the barangay officials and other government (b) properly record any of victim's suspicions, observations
officers and employees who respond to a call for help; and circumstances of the examination or visit;

(f) ensure the enforcement of the Protection Orders issued (c) automatically provide the victim free of charge a medical
by the Punong Barangy or the courts; certificate concerning the examination or visit;

(g) arrest the suspected perpetrator wiithout a warrant when (d) safeguard the records and make them available to the
any of the acts of violence defined by this Act is occurring, or victim upon request at actual cost; and
when he/she has personal knowledge that any act of abuse
has just been committed, and there is imminent danger to (e) provide the victim immediate and adequate notice of
the life or limb of the victim as defined in this Act; and rights and remedies provided under this Act, and services
available to them.
(h) immediately report the call for assessment or assistance
of the DSWD, social Welfare Department of LGUs or SECTION 32. Duties of Other Government Agencies and LGUs – Other
accredited non-government organizations (NGOs). government agencies and LGUs shall establish programs such as, but
not limited to, education and information campaign and seminars or
Any barangay official or law enforcer who fails to report the incident symposia on the nature, causes, incidence and consequences of such
shall be liable for a fine not exceeding Ten Thousand Pesos violence particularly towards educating the public on its social
impacts.
It shall be the duty of the concerned government agencies and LGU's (b) to avail of legal assistance form the PAO of the
to ensure the sustained education and training of their officers and Department of Justice (DOJ) or any public legal assistance
personnel on the prevention of violence against women and their office;
children under the Act.
(c) To be entitled to support services form the DSWD and
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay LGUs'
Kagawad or the court hearing an application for a protection order
shall not order, direct, force or in any way unduly influence he (d) To be entitled to all legal remedies and support as
applicant for a protection order to compromise or abandon any of provided for under the Family Code; and
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 (e) To be informed of their rights and the services available
and 413 of the Local Government Code of 1991 shall not apply in to them including their right to apply for a protection order.
proceedings where relief is sought under this Act.
SECTION 36. Damages. – Any victim of violence under this Act shall
Failure to comply with this Section shall render the official or judge be entitled to actual, compensatory, moral and exemplary damages.
administratively liable.
SECTION 37. Hold Departure Order. – The court shall expedite the
SECTION 34. Persons Intervening Exempt from Liability. – In every process of issuance of a hold departure order in cases prosecuted
case of violence against women and their children as herein defined, under this Act.
any person, private individual or police authority or barangay official
who, acting in accordance with law, responds or intervenes without SECTION 38. Exemption from Payment of Docket Fee and Other
using violence or restraint greater than necessary to ensure the Expenses. – If the victim is an indigent or there is an immediate
safety of the victim, shall not be liable for any criminal, civil or necessity due to imminent danger or threat of danger to act on an
administrative liability resulting therefrom. application for a protection order, the court shall accept the
application without payment of the filing fee and other fees and of
SECTION 35. Rights of Victims. – In addition to their rights under transcript of stenographic notes.
existing laws, victims of violence against women and their children
shall have the following rights: SECTION 39. Inter-Agency Council on Violence Against Women and
Their Children (IAC-VAWC). In pursuance of the abovementioned
(a) to be treated with respect and dignity; policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as needs of their clients. The Council will also serve as the monitoring
the Council, which shall be composed of the following agencies: body as regards to VAW initiatives.

(a) Department of Social Welfare and Development (DSWD); The Council members may designate their duly authorized
representative who shall have a rank not lower than an assistant
(b) National Commission on the Role of Filipino Women secretary or its equivalent. These representatives shall attend
(NCRFW); Council meetings in their behalf, and shall receive emoluments as
may be determined by the Council in accordance with existing
(c) Civil Service Commission (CSC); budget and accounting rules and regulations.

(d) Commission on Human rights (CHR) SECTION 40. Mandatory Programs and Services for Victims. – The
DSWD, and LGU's shall provide the victims temporary shelters,
(e) Council for the Welfare of Children (CWC); provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance.
(f) Department of Justice (DOJ);
The DOH shall provide medical assistance to victims.
(g) Department of the Interior and Local Government (DILG);
SECTION 41. Counseling and Treatment of Offenders. – The DSWD
(h) Philippine National Police (PNP); shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with
(i) Department of Health (DOH); anger and emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to submit to
(j) Department of Education (DepEd); psychiatric treatment or confinement.

(k) Department of Labor and Employment (DOLE); and SECTION 42. Training of Persons Involved in Responding to Violence
Against Women and their Children Cases. – All agencies involved in
(l) National Bureau of Investigation (NBI). responding to violence against women and their children cases shall
be required to undergo education and training to acquaint them
These agencies are tasked to formulate programs and projects to with:
eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the
a. the nature, extend and causes of violence against women who is a victim under this Act shall likewise be liable for
and their children; discrimination.

b. the legal rights of, and remedies available to, victims of SECTION 44. Confidentiality. – All records pertaining to cases of
violence against women and their children; violence against women and their children including those in the
barangay shall be confidential and all public officers and employees
c. the services and facilities available to victims or survivors; and public or private clinics to hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be published,
d. the legal duties imposed on police officers to make arrest in any format, the name, address, telephone number, school,
and to offer protection and assistance; and business address, employer, or other identifying information of a
victim or an immediate family member, without the latter's consent,
e. techniques for handling incidents of violence against shall be liable to the contempt power of the court.
women and their children that minimize the likelihood of
injury to the officer and promote the safety of the victim or Any person who violates this provision shall suffer the penalty of one
survivor. (1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).
The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable SECTION 45. Funding – The amount necessary to implement the
them to properly handle cases of violence against women and their provisions of this Act shall be included in the annual General
children. Appropriations Act (GAA).

SECTION 43. Entitled to Leave. – Victims under this Act shall be The Gender and Development (GAD) Budget of the mandated
entitled to take a paid leave of absence up to ten (10) days in agencies and LGU's shall be used to implement services for victim of
addition to other paid leaves under the Labor Code and Civil Service violence against women and their children.
Rules and Regulations, extendible when the necessity arises as
specified in the protection order. SECTION 46. Implementing Rules and Regulations. – Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the
Any employer who shall prejudice the right of the person under this DSWD, the DILG, the DOH, and the PNP, and three (3)
section shall be penalized in accordance with the provisions of the representatives from NGOs to be identified by the NCRFW, shall
Labor Code and Civil Service Rules and Regulations. Likewise, an promulgate the Implementing Rules and Regulations (IRR) of this
employer who shall prejudice any person for assisting a co-employee 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.
Republic Act No. 9710 August 14, 2009 international instruments consistent with Philippine law. The
State shall accord women the rights, protection, and
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN opportunities available to every member of society.

Be it enacted by the Senate and House of Representatives of The State affirms women's rights as human rights and shall
the Philippines in Congress assembled:: intensify its efforts to fulfill its duties under international and
domestic law to recognize, respect, protect, fulfill, and
Section 1. Short Title. - This Act shall be known as "The promote all human rights and fundamental freedoms of
Magna Carta of Women". women, especially marginalized women, in the economic,
social, political, cultural, and other fields without distinction
Section 2. Declaration of Policy. - Recognizing that the or discrimination on account of class, age, sex, gender,
economic, political, and sociocultural realities affect language, ethnicity, religion, ideology, disability, education,
women's current condition, the State affirms the role of and status. The State shall provide the necessary
women in nation building and ensures the substantive mechanisms to enforce women's rights and adopt and
equality of women and men. It shall promote empowerment undertake all legal measures necessary to foster and
of women and pursue equal opportunities for women and promote the equal opportunity for women to participate in
men and ensure equal access to resources and to and contribute to the development of the political,
development results and outcome. Further, the State realizes economic, social, and cultural realms.
that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate The State, in ensuring the full integration of women's
discrimination and inequality. To realize this, the State shall concerns in the mainstream of development, shall provide
endeavor to develop plans, policies, programs, measures, ample opportunities to enhance and develop their skills,
and mechanisms to address discrimination and inequality in acquire productive employment and contribute to their
the economic, political, social, and cultural life of women and families and communities to the fullest of their capabilities.
men.
In pursuance of this policy, the State reaffirms the right of
The State condemns discrimination against women in all its women in all sectors to participate in policy formulation.
forms and pursues by all appropriate means and without planning, organization, implementation, management,
delay the policy of eliminating discrimination against women monitoring, and evaluation of all programs, projects, and
in keeping with the Convention on the Elimination of All services. It shall support policies, researches, technology, and
Forms of Discrimination Against Women (CEDAW) and other
training programs and other support services such as society, minorities, women, young people, indigenous
financing, production, and marketing to encourage active peoples, and other identified groups.
participation of women in national development.
States and other duty-bearers are answerable for the
Section 3. Principles of Human Rights of Women. - Human observance of human rights. They have to comply with the
rights are universal and inalienable. All people in the world legal norms and standards enshrined in international human
are entitled to them. The universality of human rights is rights instruments in accordance with the Philippine
encompassed in the words of Article 1 of the Universal Constitution. Where they fail to do so, aggrieved rights-
Declaration of Human Rights, which states that all human holders are entitled to institute proceedings for appropriate
beings are free and equal in dignity and rights. redress before a competent court or other adjudicator in
accordance with the rules and procedures provided by law.
Human rights are indivisible. Human rights are inherent to
the dignity of every human being whether they relate to civil, CHAPTER II
cultural, economic, political, or social issues. DEFINITION OF TERMS

Human rights are interdependent and interrelated. The Section 4. Definitions. - For purposes of this Act, the
fulfillment of one right often depends, wholly or in part, upon following terms shall mean:
the fulfillment of others.
(a) "Women Empowerment" refers to the provision,
All individuals are equal as human beings by virtue of the availability, and accessibility of opportunities, services, and
inherent dignity of each human person. No one, therefore, observance of human rights which enable women to actively
should suffer discrimination on the basis of ethnicity, gender, participate and contribute to the political, economic, social,
age, language, sexual orientation, race, color, religion, and cultural development of the nation as well as those
political, or other opinion, national, social, or geographical which shall provide them equal access to ownership,
origin, disability, property, birth, or other status as management, and control of production, and of material and
established by human rights standards. informational resources and benefits in the family,
community, and society.
All people have the right to participate in and access
information relating to the decision- making processes that (b) "Discrimination Against Women" refers to any gender-
affect their lives and well-being. Rights-based approaches based distinction, exclusion, or restriction which has the
require a high degree of participation by communities, civil effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their (d) "Marginalized" refers to the basic, disadvantaged, or
marital status, on a basis of equality of men and women, of vulnerable persons or groups who are mostly living in poverty
human rights and fundamental freedoms in the political, and have little or no access to land and other resources, basic
economic, social, cultural, civil, or any other field. social and economic services such as health care, education,
water and sanitation, employment and livelihood
It includes any act or omission, including by law; policy, opportunities, housing, social security, physical
administrative measure, or practice, that directly or infrastructure; and the justice system.
indirectly excludes or restricts women in the recognition and
promotion of their rights and their access to and enjoyment These include, but are not limited to, women in the following
of opportunities, benefits, or privileges. sectors and groups:

A measure or practice of general application is discrimination (1) "Small Farmers and Rural Workers" refers to those who
against women if it fails to provide for mechanisms to offset are engaged directly or indirectly in small farms and forest
or address sex or gender-based disadvantages or limitations areas, workers in commercial farms and plantations, whether
of women, as a result of which women are denied or paid or unpaid, regular or season-bound. These shall include.
restricted in the recognition and protection of their rights but are not limited to, (a) small farmers who own or are still
and in their access to and enjoyment of opportunities, amortizing for lands that is not more than three (3) hectares,
benefits, or privileges; or women, more than men, are shown tenants, leaseholders, and stewards; and (b) rural workers
to have suffered the greater adverse effects of those who are either wage earners, self-employed, unpaid family
measures or practices. workers directly and personally engaged in agriculture, small-
scale mining, handicrafts, and other related farm and off-
Provided, finally, That discrimination compounded by or farm activities;
intersecting with other grounds, status, or condition, such as
ethnicity, age, poverty, or religion shall be considered (2) "Fisherfolk" refers to those directly or indirectly engaged
discrimination against women under this Act. in taking, culturing, or processing fishery or aquatic
resources. These include, but are not to be limited to, women
(c) "Marginalization" refers to a condition where a whole engaged in fishing in municipal waters, coastal and marine
category of people is excluded from useful and meaningful areas, women workers in commercial fishing and
participation in political, economic, social, and cultural life. aquaculture, vendors and processors of fish and coastal
products, and subsistence producers such as shell-gatherers,
managers, and producers of mangrove resources, and other (7) "Indigenous Peoples" refers to a group of people or
related producers: homogenous societies identified by self-ascription and
ascription by other, who have continuously lived as organized
(3) "Urban Poor" refers to those residing in urban and community on communally bounded and defined territory,
urbanizable slum or blighted areas, with or without the and who have, under claims of ownership since time
benefit of security of abode, where the income of the head immemorial, occupied; possessed customs, tradition, and
of the family cannot afford in a sustained manner to provide other distinctive cultural traits, or who have, through
for the family's basic needs of food, health, education, resistance to political, social, and cultural inroads of
housing, and other essentials in life; colonization, non- indigenous religions and culture, became
historically differentiated from the majority of Filipinos. They
(4) "Workers in the Formal Economy" refers to those who are shall likewise include peoples who are regarded as
employed by any person acting directly or indirectly in the indigenous on account of their descent from the populations
interest of an employer in relation to an employee and shall which inhabited the country, at the dime of conquest or
include the government and all its branches, subdivisions, colonization, or at the time of inroads of non-indigenous
and instrumentalities, all government- owned and - religions and cultures, or the establishment of present state
controlled corporations and institutions, as well as nonprofit boundaries, who retain some or all of their own social,
private institutions or organizations; economic, cultural, and political institutions, but who may
have been displaced from their traditional domains or who
(5) "Workers in the Informal Economy" refers to self- may have resettled outside their ancestral domains as
employed, occasionally or personally hired, subcontracted, defined under Section 3(h), Chapter II of Republic Act No.
paid and unpaid family workers in household incorporated 8371, otherwise known as "The Indigenous Peoples Rights
and unincorporated enterprises, including home workers, Act of 1997" (IPRA of 1997);
micro-entrepreneurs and producers, and operators of sari-
sari stores and all other categories who suffer from violation (8) "Moro" refers to native peoples who have historically
of workers' rights: inhabited Mindanao, Palawan, and Sulu, and who are largely
of the Islamic faith;
(6) "Migrant Workers" refers to Filipinos who are to be
engaged, are engaged, or have been engaged in a (9) "Children" refers to those who are below eighteen (18)
remunerated activity in a State of which they are not legal years of age or over but are unable to fully take care of
residents, whether documented or undocumented; themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical disadvantaged position of women in society by providing
or mental disability or condition; preferential treatment and affirmative action. Such
temporary special measures aimed at accelerating de
(10) "Senior Citizens" refers to those sixty (60) years of age facto equality between men and women shall not be
and above; considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate
(11) "Persons with Disabilities" refers to those who are standards. These measures shall be discontinued when the
suffering from restriction or different abilities, as a result of objectives of equality of opportunity and treatment have
a mental, physical, or sensory impairment to perform an been achieved.
activity in the manner or within the range considered normal
for a human being; and (h) "Gender and Development (GAD)" refers to the
development perspective and process that are participatory
(12) "Solo Parents" refers to those who fall under the and empowering, equitable, sustainable, free from violence,
category of a solo parent defined under Republic Act No. respectful of human rights, supportive of self-determination
8972, otherwise known as the "Solo Parents Welfare Act of and actualization of human potentials. It seeks to achieve
2000". gender equality as a fundamental value that should be
reflected in development choices; seeks to transform
(e) "Substantive Equality" refers to the full and equal society's social, economic, and political structures and
enjoyment of rights and freedoms contemplated under this questions the validity of the gender roles they ascribed to
Act. It encompasses de jure and de facto equality and also women and men; contends that women are active agents of
equality in outcomes. development and not just passive recipients of development
assistance; and stresses the need of women to organize
(f) "Gender Equality" refers to the principle asserting the themselves and participate in political processes to
equality of men and women and their right to enjoy equal strengthen their legal rights.
conditions realizing their full human potentials to contribute
to and benefit from the results of development, and with the (i) "Gender Mainstreaming" refers to the strategy for making
State recognizing that all human beings are free and equal in women's as well as men's concerns and experiences an
dignity and rights. integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all
(g) "Gender Equity" refers to the policies, instruments, political, economic, and societal spheres so that women and
programs, services, and actions that address the
men benefit equally and inequality is not perpetuated. It is (2) Physical, sexual, and psychological violence occurring
the process of assessing the implications for women and men within the general community, including rape, sexual abuse,
of any planned action, including legislation, policies, or sexual harassment, and intimidation at work, in educational
programs in all areas and at all levels. institutions and elsewhere, trafficking in women, and
prostitution; and
(j) "Temporary Special Measures" refers to a variety of
legislative, executive, administrative, and regulatory (3) Physical, sexual, and psychological violence perpetrated
instruments, policies, and practices aimed at accelerating or condoned by the State, wherever it occurs.
this de facto equality of women in specific areas. These
measures shall not be considered discriminatory but shall in It also includes acts of violence against women as defused in
no way entail as a consequence the maintenance of unequal Republic Acts No. 9208 and 9262.
or separate standards. They shall be discontinued when their
objectives have been achieved. (l) "Women in the Military" refers to women employed in the
military, both in the major and technical services, who are
(k) "Violence Against Women" refers to any act of gender- performing combat and/or noncombat functions, providing
based violence that results in, or is likely to result in, physical, security to the State, and protecting the people from various
sexual, or psychological harm or suffering to women, forms of threat. It also includes women trainees in all military
including threats of such acts, coercion, or arbitrary training institutions.
deprivation of liberty, whether occurring in public or in
private life. It shall be understood to encompass, but not (m) "Social Protection" refers to policies and programs that
limited to, the following: seek to reduce poverty and vulnerability to risks and enhance
the social status and rights of all women, especially the
(1) Physical, sexual, psychological, and economic violence marginalized by promoting and protecting livelihood and
occurring in the family, including battering, sexual abuse of employment, protecting against hazards and sudden loss of
female children in the household, dowry-related violence, income, and improving people's capacity to manage risk. Its
marital rape, and other traditional practices harmful to components are labor market programs, social insurance,
women, non-spousal violence, and violence related to social welfare, and social safety nets.
exploitation;
CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
The State, private sector, society in general, and all The State shall keep abreast with and be guided by
individuals shall contribute to the recognition, respect, and progressive developments in human rights of women under
promotion of the rights of women defined and guaranteed international law and design of policies, laws, and other
under this Act. measures to promote the objectives of this Act.

Section 5. The State as the Primary Duty-Bearer. - The State, Section 6. Duties of the State Agencies and
as the primary duty-bearer, shall: Instrumentalities. - These duties of the State shall extend to
all state agencies, offices, and instrumentalities at all levels
(a) Refrain from discriminating against women and violating and government-owned and -controlled corporations,
their rights; subject to the Constitution and pertinent laws, policies, or
administrative guidelines that define specific duties of state
(b) Protect women against discrimination and from violation agencies and entities concerned.
of their rights by private corporations, entities, and
individuals; and Section 7. Suppletory Effect. - This chapter shall be deemed
integrated into and be suppletory to other provisions of this
(c) Promote and fulfill the rights of women in all spheres, Act, particularly those that guarantee specific rights to
including their rights to substantive equality and non- women and define specific roles and require specific conduct
discrimination. of state organs.

The State shall fulfill these duties through law, policy, CHAPTER IV
regulatory instruments, administrative guidelines, and other RIGHTS AND EMPOWERMENT
appropriate measures, including temporary special
measures. Section 8. Human Rights of Women. - All rights in the
Constitution and those rights recognized under international
Recognizing the interrelation of the human rights of women, instruments duly signed and ratified by the Philippines, in
the State shall take measures and establish mechanisms to consonance with Philippine law, shall be rights of women
promote the coherent and integrated implementation, and under this Act to be enjoyed without discrimination.
enforcement of this Act and related laws, policies, or other
measures to effectively stop discrimination against and Section 9. Protection from Violence. - The State shall ensure
advance the rights of women. that all women shall be protected from all forms of violence
as provided for in existing laws. Agencies of government shall
give priority to the defense and protection of women against (d) All local government units shall establish a Violence
gender-based offenses and help women attain justice and Against Women's Desk in every barangay to ensure that
healing. violence against women cases are fully addressed in a
gender-responsive manner.
Towards this end, measures to prosecute and reform
offenders shall likewise be pursued. Section 10. Women Affected by Disasters, Calamities, and
Other Crisis Situations. - Women have the right to protection
(a) Within the next five (5) years, there shall be an and security in times of disasters, calamities, and other crisis
incremental increase in the recruitment and training of situations especially in all phases of relief, recovery,
women in the police force, forensics and medico-legal, legal rehabilitation, and construction efforts. The State shall
services, and social work services availed of by women who provide for immediate humanitarian assistance, allocation of
are victims of gender-related offenses until fifty percent resources, and early resettlement, if necessary. It shall also
(50%) of the personnel thereof shall be women. address the particular needs of women from a gender
perspective to ensure their full protection from sexual
(b) Women shall have the right to protection and security in exploitation and other sexual and gender- based violence
situations of armed conflict and militarization. Towards this committed against them. Responses to disaster situations
end, they shall be protected from all forms of gender-based shall include the provision of services, such as psychosocial
violence, particularly rape and other forms of sexual abuse, support, livelihood support, education, psychological health,
and all forms of violence in situations of armed conflict. The and comprehensive health services, including protection
State shall observe international standards for the protection during pregnancy.
of civilian population in circumstances of emergency and
armed conflict. It shall not force women, especially Section 11. Participation and Representation. - The State
indigenous peoples, to abandon their lands, territories, and shall undertake temporary special measures to accelerate
means of subsistence, or relocate them in special centers for the participation and equitable representation of women in
military purposes under any discriminatory condition. all spheres of society particularly in the decision-making and
policy-making processes in government and private entities
(c) All government personnel involved in the protection and to fully realize their role as agents and beneficiaries of
defense of women against gender-based violence shall development.
undergo a mandatory training on human rights and gender
sensitivity pursuant to this Act.
The State shall institute the following affirmative action leadership hierarchy, internal policy-making structures,
mechanisms so that women can participate meaningfully in appointive, and electoral nominating processes; and
the formulation, implementation, and evaluation of policies,
plans, and programs for national, regional, and local (f) Private Sector. - The State shall take measures to
development: encourage women leadership in the private sector in the
form of incentives.
(a) Empowerment within the Civil Service. - Within the next
five (5) years, the number of women in third (3rd) level Section 12. Equal Treatment Before the Law. - The State
positions in government shall be incrementally increased to shall take steps to review and, when necessary, amend
achieve a fifty-fifty (50-50) gender balance; and/or repeal existing laws that are discriminatory to women
within three (3) years from the effectivity of this Act.
(b) Development Councils and Planning Bodies. - To ensure
the participation of women in all levels of development Section 13. Equal Access and Elimination of Discrimination
planning and program implementation, at least forty percent in Education, Scholarships, and Training. - (a) The State shall
(40%) of membership of all development councils from the ensure that gender stereotypes and images in educational
regional, provincial, city, municipal and barangay levels shall materials and curricula are adequately and appropriately
be composed of women; revised. Gender-sensitive language shall be used at all times.
Capacity-building on gender and development (GAD), peace
(c) Other Policy and Decision-Making Bodies. - Women's and human rights, education for teachers, and all those
groups shall also be represented in international, national, involved in the education sector shall be pursued toward this
and local special and decision-making bodies; end. Partnerships between and among players of the
education sector, including the private sector, churches, and
(d) International Bodies. - The State shall take all appropriate faith groups shall be encouraged.
measures to ensure the opportunity of women, on equal
terms with men and without any discrimination, to represent (b) Enrollment of women in nontraditional skills training in
their governments at the international level and to vocational and tertiary levels shall be encouraged.
participate in the work of international organizations;
(c) Expulsion and non-readmission of women faculty due to
(e) Integration of Women in Political Parties. - The State shall pregnant;- outside of marriage shall be outlawed. No school
provide incentives to political parties with women's agenda. shall turn out or refuse admission to a female student solely
It shall likewise encourage the integration of women in their
on the account of her having contracted pregnancy outside the said tournament, contest, race, match, event, or game is
of marriage during her term in school. open to both sexes: Provided, further, That the sports event
or tournament is divided into male or female divisions.
Section 14. Women in Sports. - The State shall develop,
establish, and strengthen programs for the participation of The State shall also ensure the safety and well-being of all
women and girl-children in competitive and noncompetitive women and girls participating in sports, especially, but not
sports as a means to achieve excellence, promote physical limited to, trainees, reserve members, members, coaches,
and social well-being, eliminate gender-role stereotyping, and mentors of national sports teams, whether in studying,
and provide equal access to the full benefits of development training, or performance phases, by providing them
for all persons regardless of sex, gender identity, and other comprehensive health and medical insurance coverage, as
similar factors. well as integrated medical, nutritional, and healthcare
services.
For this purpose, all sports-related organizations shall create
guidelines that will establish and integrate affirmative action Schools, colleges, universities, or any other learning
as a strategy and gender equality as a framework in planning institution shall take into account its total women student
and implementing their policies, budgets, programs, and population in granting athletic scholarship. There shall be
activities relating to the participation of women and girls in a pro rata representation of women in the athletic
sports. scholarship program based on the percentage of women in
the whole student population.
The State will also provide material and nonmaterial
incentives to local government units, media organizations, Section 15. Women in the Military. - The State shall pursue
and the private sector for promoting, training, and preparing appropriate measures to eliminate discrimination of women
women and girls for participation in competitive and in the military, police, and other similar services, including
noncompetitive sports, especially in local and international revising or abolishing policies and practices that restrict
events, including, but not limited to, the Palarong Pambansa, women from availing of both combat and noncombat
Southeast Asian Games, Asian Games, and the Olympics. training that are open to men, or from taking on functions
other than administrative tasks, such as engaging in combat,
No sports event or tournament will offer or award a different security-related, or field operations. Women in the military
sports prize, with respect to its amount or value, to women shall be accorded the same promotional privileges and
and men winners in the same sports category: Provided, That opportunities as men, including pay increases, additional
remunerations and benefits, and awards based on their The State, in cooperation with all schools of journalism,
competency and quality of performance. Towards this end, information, and communication, as well as the national
the State shall ensure that the personal dignity of women media federations and associations, shall require all media
shall always be respected. organizations and corporations to integrate into their human
resource development components regular training on
Women in the military, police, and other similar services shall gender equality and gender-based discrimination, create and
be provided with the same right to employment as men on use gender equality guidelines in all aspects of management,
equal conditions. Equally, they shall be accorded the same training, production, information, dissemination,
capacity as men to act in and enter into contracts, including communication, and programming; and convene a gender
marriage. equality committee that will promote gender mainstreaming
as a framework and affirmative action as a strategy, and
Further, women in the military, police; and other similar monitor and evaluate the implementation of gender equality
services shall be entitled to leave benefits such as maternity guidelines.
leave, as provided for by existing laws.
Section 17. Women's Right to Health. - (a) Comprehensive
Section 16. Nondiscriminatory and Nonderogatory Health Services. - The State shall, at all times, provide for a
Portrayal of Women in Media and Film. - The State shall comprehensive, culture-sensitive, and gender-responsive
formulate policies and programs for the advancement of health services and programs covering all stages of a
women in collaboration with government and woman's life cycle and which addresses the major causes of
nongovernment media-related organizations. It shall likewise women's mortality and morbidity: Provided, That in the
endeavor to raise the consciousness of the general public in provision for comprehensive health services, due respect
recognizing the dignity of women and the role and shall be accorded to women's religious convictions, the rights
contribution of women in the family; community, and the of the spouses to found a family in accordance with their
society through the strategic use of mass media. religious convictions, and the demands of responsible
parenthood, and the right of women to protection from
For this purpose, the State shall ensure allocation of space; hazardous drugs, devices, interventions, and substances.
airtime, and resources, strengthen programming,
production, and image-making that appropriately present Access to the following services shall be ensured:
women's needs, issues, and concerns in all forms of media,
communication, information dissemination, and advertising.
(1) Maternal care to include pre- and post-natal services to (9) Prevention and management of infertility and sexual
address pregnancy and infant health and nutrition; dysfunction pursuant to ethical norms and medical
standards;
(2) Promotion of breastfeeding;
(10) Care of the elderly women beyond their child-bearing
(3) Responsible, ethical, legal, safe, and effective methods of years; and
family planning;
(11) Management, treatment, and intervention of mental
(4) Family and State collaboration in youth sexuality health problems of women and girls. In addition, healthy
education and health services without prejudice to the lifestyle activities are encouraged and promoted through
primary right and duty of parents to educate their children; programs and projects as strategies in the prevention of
diseases.
(5) Prevention and management of reproductive tract
infections, including sexually transmitted diseases, HIV, and (b) Comprehensive Health Information and Education. - The
AIDS; State shall provide women in all sectors with appropriate,
timely, complete, and accurate information and education
(6) Prevention and management of reproductive tract on all the above-stated aspects of women's health in
cancers like breast and cervical cancers, and other government education and training programs, with due
gynecological conditions and disorders; regard to the following:

(7) Prevention of abortion and management of pregnancy- (1) The natural and primary right and duty of parents in the
related complications; rearing of the youth and the development of moral character
and the right of children to be brought up in an atmosphere
(8) In cases of violence against women and children, women of morality and rectitude for the enrichment and
and children victims and survivors shall be provided with strengthening of character;
comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance (2) The formation of a person's sexuality that affirms human
towards healing, recovery, and empowerment; dignity; and

(3) Ethical, legal, safe, and effective family planning methods


including fertility awareness.
Section 18. Special Leave Benefits for Women. - A woman (e) the same rights for both spouses or common law spouses
employee having rendered continuous aggregate in respect of the ownership, acquisition, management,
employment service of at least six (6) months for the last administration, enjoyment, and disposition of property;
twelve (12) months shall be entitled to a special leave benefit
of two (2) months with full pay based on her gross monthly (f) the same rights to properties and resources, whether
compensation following surgery caused by gynecological titled or not, and inheritance, whether formal or customary;
disorders. and

Section 19. Equal Rights in All Matters Relating to Marriage (g) women shall have equal rights with men to acquire,
and Family Relations. - The State shall take all appropriate change, or retain their nationality. The State shall ensure in
measures to eliminate discrimination against women in all particular that neither marriage to an alien nor change of
matters relating to marriage and family relations and shall nationality by the husband during marriage shall
ensure: automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband.
(a) the same rights to enter into and leave marriages or Various statutes of other countries concerning dual
common law relationships referred to under the Family Code citizenship that may be enjoyed equally by women and men
without prejudice to personal or religious beliefs; shall likewise be considered.

(b) the same rights to choose freely a spouse and to enter Customary laws shall be respected: Provided, however, That
into marriage only with their free and full consent. The they do not discriminate against women.
betrothal and the marriage of a child shall have no legal
effect; CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS
(c) the joint decision on the number and spacing of their
children and to have access to the information, education Women in marginalized sectors are hereby guaranteed all
and means to enable them to exercise these rights; civil, political, social, and economic rights recognized,
promoted, and protected under existing laws including, but
(d) the same personal rights between spouses or common not limited to, the Indigenous Peoples Rights Act, the Urban
law spouses including the right to choose freely a profession Development and Housing Act, the Comprehensive Agrarian
and an occupation; Reform Law, the Fisheries Code, the Labor Code, the Migrant
Workers Act, the Solo Parents Welfare Act, and the Social promote the right to adequate food by proactively engaging
Reform and Poverty Alleviation Act. in activities intended to strengthen access to, utilization of,
and receipt of accurate and substantial information on
Section 20. Food Security and Productive Resources. - The resources and means to ensure women's livelihood,
State recognizes the contribution of women to food including food security:
production and shall ensure its sustainability and sufficiency
with the active participation of women. Towards this end, the (1) Equal status shall be given to women and men, whether
State shall guarantee, at all times, the availability in the married or not, in the titling of the land and issuance of
market of safe and health-giving food to satisfy the dietary stewardship contracts and patents;
needs of the population, giving particular attention to the
specific needs of poor girl-children and marginalized women, (2) Equal treatment shall be given to women and men
especially pregnant and lactating mothers and their young beneficiaries of the agrarian reform program, wherein the
children. To further address this, the State shall ensure: vested right of a woman agrarian reform beneficiary is
defined by a woman's relationship to tillage, i.e., her direct
(a) Right to Food. - The State shall guarantee the availability and indirect contribution to the development of the land;
of food in quantity and quality sufficient to satisfy the dietary
needs of individuals, the physical and economic accessibility (3) Customary rights of women to the land, including access
for everyone to adequate food that is culturally acceptable to and control of the fruits and benefits, shall be recognized
and free from unsafe substances and culturally accepted, and in circumstances where private ownership is not possible,
the accurate and substantial information to the availability of such as ancestral domain claims:
food, including the right to full, accurate, and truthful
information about safe and health-giving foods and how to (4) Information and assistance in claiming rights to the land
produce and have regular and easy access to them; shall be made available to women at all times;

(b) Right to Resources for Food Production. - The State shall (5) Equal rights to women to the enjoyment, use, and
guarantee women a vital role in food production by giving management of land, water, and other natural resources
priority to their rights to land, credit, and infrastructure within their communities or ancestral domains;
support, technical training, and technological and marketing
assistance. The State shall promote women-friendly (6) Equal access to the use and management of fisheries and
technology as a high priority activity in agriculture and shall aquatic resources, and all the rights and benefits accruing to
stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the engage in entrepreneurial activities which will add value to
issuance of stewardship or lease agreements and other production and marketing ventures; and
fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same (14) Provide economic opportunities for the indigenous
manner, women's organizations shall be given equal women. particularly access to market for their produce.
treatment as with other marginalized fishers organizations in
the issuance of stewardship or lease agreements or other In the enforcement of the foregoing, the requirements of law
fishery rights for the use and management of such coastal shall be observed at all times.
and aquatic resources which may include providing support
to women-engaged coastal resources; Section 21. Right to Housing. - The State shall develop
housing programs for women that are localized, simple,
(8) There shall be no discrimination against women in the accessible, with potable water, and electricity, secure, with
deputization of fish wardens; viable employment opportunities and affordable
amortization. In this regard, the State shall consult women
(9) Women-friendly and sustainable agriculture technology and involve them in community planning and development,
shall be designed based on accessibility and viability in especially in matters pertaining to land use, zoning, and
consultation with women's organizations; relocation.

(10) Access to small farmer-based and controlled seeds Section 22. Right to Decent Work. - The State shall
production and distribution shall be ensured and protected; progressively realize and ensure decent work standards for
women that involve the creation of jobs of acceptable quality
(11) Indigenous practices of women in seed storage and in conditions of freedom, equity, security, and human
cultivation shall be recognized, encouraged, and protected; dignity.

(12) Equal rights shall be given to women to be members of (a) Decent work involves opportunities for work that are
farmers' organizations to ensure wider access to and control productive and fairly remunerative as family living wage,
of the means of production; security in the workplace, and social protection for families,
better prospects for personal development and social
(13) Provide opportunities for empowering women fishers to integration, freedom for people to express their concerns
be involved in the control and management, not only of the organize, participate in the decisions that affect their lives,
catch and production of aquamarine resources but also, to
and equality of opportunity and treatment for all women and Section 23. Right to Livelihood, Credit, Capital, and
men. Technology. - The State shall ensure that women are
provided with the following:
(b) The State shall further ensure:
(a) Equal access to formal sources of credit and capital;
(1) Support services and gears to protect them from
occupational and health hazards taking into account (b) Equal share to the produce of farms and aquatic
women's maternal functions; resources; and

(2) Support services that will enable women to balance their (c) Employment opportunities for returning women migrant
family obligations and work responsibilities including, but not workers taking into account their skills and qualifications.
limited to, the establishment of day care centers and breast- Corollarily, the State shall also promote skills and
feeding stations at the workplace, and providing maternity entrepreneurship development of returning women migrant
leave pursuant to the Labor Code and other pertinent laws; workers.

(3) Membership in unions regardless of status of Section 24. Right to Education and Training. - The State shall
employment and place of employment; and ensure the following:

(4) Respect for the observance of indigenous peoples' (a) Women migrant workers have the opportunity to
cultural practices even in the workplace. undergo skills training, if they so desire, before taking on a
foreign job, and possible retraining upon return to the
(c) In recognition of the temporary nature of overseas work, country:
the State shall exert all efforts to address the causes of out-
migration by developing local employment and other (b) Gender-sensitive training and seminars; and
economic opportunities for women and by introducing
measures to curb violence and forced and involuntary (c) Equal opportunities in scholarships based on merit and
displacement of local women. The State shall ensure the fitness, especially to those interested in research and
protection and promotion of the rights and welfare of development aimed towards women-friendly farm
migrant women regardless of their work status, and protect technology.
them against discrimination in wages, conditions of work,
and employment opportunities in host countries.
Section 25. Right to Representation and Participation. - The protecting against hazards and sudden; loss of income, and
State shall ensure women's participation in policy-making or improving people's capacity to manage risks.
decision-making bodies in the regional, national, and
international levels. It shall also ensure the participation of (c) The State shall endeavor to reduce and eventually
grassroots women leaders in decision and policy-making eliminate transfer costs of remittances from abroad through
bodies in their respective sectors including, but not limited appropriate bilateral and multilateral agreements. It shall
to, the Presidential Agrarian Reform Council (PARC) and its likewise provide access to investment opportunities for
local counterparts; community-based resource management remittances in line with national development efforts.
bodies or mechanisms on forest management and
stewardship; the National Fisheries and Aquatic Resources (d) The State shall establish a health insurance program for
Management Council (NFARMC) and its local counterparts; senior citizens and indigents.
the National Commission on Indigenous Peoples; the
Presidential Commission for the Urban Poor; the National (e) The State shall support women with disabilities on a
Anti-Poverty Commission; and, where applicable, the local community-based social protection scheme.
housing boards.
Section 28. Recognition and Preservation of Cultural
Section 26. Right to Information. - Access to information Identity and Integrity. - The State shall recognize and respect
regarding policies on women, including programs, projects, the rights of Moro and indigenous women to practice,
and funding outlays that affect them, shall be ensured. promote, protect, and preserve their own culture, traditions,
and institutions and to consider these rights in the
Section 27. Social Protection. - formulation and implementation of national policies and
programs. To this end, the State shall adopt measures in
(a) The Social Security System (SSS) and the Philippine Health consultation with the sectors concerned to protect their
Insurance Corporation (PhilHealth) shall support indigenous rights to their indigenous knowledge systems and practices,
and community-based social protection schemes. traditional livelihood, and other manifestations of their
cultures and ways of life: Provided, That these cultural
(b) The State shall institute policies and programs that seek systems and practices are not discriminatory to women.
to reduce the poverty and vulnerability to risks and enhance
the social status and rights of the marginalized women by Section 29. Peace and Development. - The peace process
promoting and protecting livelihood and employment, shall be pursued with the following considerations:
(a) Increase the number of women participating in the necessary services and interventions to WEDC under
discussions and decision-making in the peace process, their respective jurisdictions.
including membership in peace panels recognizing women's
role in conflict- prevention and peace-making and in Section 31. Services and Interventions. - WEDC shall be
indigenous system of conflict resolution; provided with services and interventions as necessary such
as, but not limited to, the following:
(b) Ensure the development and inclusion of women's
welfare and concerns in the peace agenda in the overall (a) Temporary and protective custody;
peace strategy and women's participation in the planning,
implementation, monitoring, and evaluation of rehabilitation (b) Medical and dental services;
and rebuilding of conflict-affected areas;
(c) Psychological evaluation;
(c) The institution of measures to ensure the protection of
civilians in conflict-affected communities with special (d) Counseling;
consideration for the specific needs of women and girls:
(e) Psychiatric evaluation;
(d) Include the peace perspective in the education curriculum
and other educational undertakings; and (f) Legal services;

(e) The recognition and support for women's role in conflict- (g) Productivity skills capability building;
prevention, management, resolution and peacemaking, and
in indigenous systems of conflict resolution. (h) Livelihood assistance;

Section 30. Women in Especially Difficult Circumstances. - (i) Job placement;


For purposes of this Act, "Women in Especially Difficult
Circumstances" (WEDC) shall refer to victims and survivors of (j) Financial assistance: and
sexual and physical abuse, illegal recruitment, prostitution,
trafficking, armed conflict, women in detention, victims and (k) Transportation assistance.
survivors of rape and incest, and such other related
circumstances which have incapacitated them functionally. Section 32. Protection of Girl-Children. - (a) The State shall
Local government units are therefore mandated to deliver pursue measures to eliminate all forms of discrimination
against girl-children in education, health and nutrition, and Section 35. Discrimination Against Women is Prohibited. -
skills development. Public and private entities and individuals found to have
committed discrimination against women shall be subject to
(b) Girl-children shall be protected from all forms of abuse the sanctions provided in Section 41 hereof. Violations of
and exploitation. other rights of women shall be subject to sanctions under
pertinent laws and regulations.
(c) Equal access of Moro and indigenous girl-children in the
Madaris, schools of living culture and traditions, and the CHAPTER VI
regular schools shall be ensured. INSTITUTIONAL MECHANISMS

(d) Gender-sensitive curriculum, including legal literacy, Section 36. Gender Mainstreaming as a Strategy for
books, and curriculum in the Madaris and schools of living Implementing the Magna Carta of Women. - Within a period
culture and traditions shall be developed. prescribed in the implementing rules and regulations, the
National Commission on the Role of Filipino Women
(e) Sensitivity of regular schools to particular Moro and (NCRFW) shall assess its gender mainstreaming program for
indigenous practices, such as fasting in the month of consistency with the standards under this Act. It shall modify
Ramadan, choice of clothing (including the wearing of hijab), the program accordingly to ensure that it will be an effective
and availability of halal food shall be ensured. strategy for implementing this Act and attaining its
objectives.
Section 33. Protection of Senior Citizens. - The State shall
protect women senior citizens from neglect, abandonment, All departments, including their attached agencies, offices,
domestic violence, abuse, exploitation, and discrimination. bureaus, state universities and colleges, government-owned
Towards this end, the State shall ensure special protective and -controlled corporations, local government units, and
mechanisms and support services against violence, sexual other government instrumentalities shall adopt gender
abuse, exploitation, and discrimination of older women. mainstreaming as a strategy to promote women's human
rights and eliminate gender discrimination in their systems,
Section 34. Women are entitled to the recognition and structures, policies, programs, processes, and procedures
protection of their rights defined and guaranteed under this which shall include, but not limited to, the following:
Act including their right to nondiscrimination.
(a) Planning, budgeting, monitoring and evaluation for GAD. The utilization and outcome of the GAD budget shall be
GAD programs addressing gender issues and concerns shall annually monitored and evaluated in terms of its success in
be designed and implemented based on the mandate of influencing the gender-responsive implementation of agency
government agencies and local government units, Republic programs funded by the remaining ninety-five percent (95%)
Act No. 7192, gender equality agenda of the government and budget.
other GAD-related legislation, policies, and commitments.
The development of GAD programs shall proceed from the The Commission on Audit (COA) shall conduct an annual
conduct of a gender audit of the agency or the local audit on the use of the GAD budget for the purpose of
government unit and a gender analysis of its policies, determining its judicious use and the efficiency, and
programs, services and the situation of its clientele; the effectiveness of interventions in addressing gender issues
generation and review of sex-disaggregated data; and towards the realization of the objectives of the country's
consultation with gender/women's rights advocates and commitments, plans, and policies on women empowerment,
agency/women clientele. The cost of implementing GAD gender equality, and GAD.
programs shall be the agency's or the local government unit's
GAD budget which shall be at least five percent (5%) of the Local government units are also encouraged to develop and
agency's or the local government unit's total budget pass a GAD Code based on the gender issues and concerns in
appropriations. their respective localities based on consultation with their
women constituents and the women's empowerment and
Pursuant to Republic Act No. 7192, otherwise known as the gender equality agenda of the government. The GAD Code
Women in Development and Nation Building Act, which shall also serve as basis for identifying programs, activities,
allocates five percent (5%) to thirty percent (30%) of overseas and projects on GAD.
development assistance to GAD, government agencies
receiving official development assistance should ensure the Where needed, temporary gender equity measures shall be
allocation and proper utilization of such funds to gender- provided for in the plans of all departments, including their
responsive programs that complement the government GAD attached agencies, offices, bureaus, state universities and
funds and annually report accomplishments thereof to the colleges, government-owned and -controlled corporations,
National Economic and Development Authority (NEDA) and local government units, and other government
the Philippine Commission on Women (PCW). instrumentalities.
To move towards a more sustainable, gender-responsive, official, or office in a strategic decision-making position as
and performance-based planning and budgeting, gender Chair; and a technical working group or secretariat which is
issues and concerns shall be integrated in, among others, the composed of representatives from various divisions or offices
following plans: within the agency or local government unit.

(1) Macro socioeconomic plans such as the Medium-Term The tasks and functions of the members of the GFP shall form
Philippine Development Plan and Medium-Term Philippine part of their regular key result areas and shall be given due
Investment Plan; consideration in their performance evaluation.

(2) Annual plans of all departments, including their attached (c) Generation and Maintenance of GAD Database. All
agencies, offices, bureaus, state universities and colleges, departments, including their attached agencies, offices,
and government-owned and -controlled corporations; and bureaus, state universities and colleges, government-owned
and - controlled corporations, local government units, and
(3) Local plans and agenda such as executive-legislative other government instrumentalities shall develop and
agenda, comprehensive development plan (CDP), maintain a GAD database containing gender statistics and
comprehensive land use plan (CLUP), provincial development sexdisaggregated data that have been systematically
and physical framework plan (PDPFP), and annual investment gathered, regularly updated; and subjected to; gender
plan. analysis for planning, programming, and policy formulation.

(b) Creation and/or Strengthening of the GAD Focal Points Section 37. Gender Focal Point Officer in Philippine
(GFP). All departments, including their attached agencies, Embassies and Consulates. - An officer duly trained on GAD
offices, bureaus, state universities and colleges, government- shall be designated as the gender focal point in the consular
owned and -controlled corporations, local government units, section of Philippine embassies or consulates. Said officer
and other government instrumentalities shall establish or shall be primarily responsible in handling gender concerns of
strengthen their GAD Focal Point System or similar GAD women migrant workers. Attached agencies shall cooperate
mechanism to catalyze and accelerate gender mainstreaming in strengthening the Philippine foreign posts' programs for
within the agency or local government unit. the delivery of services to women migrant workers.

The GAD Focal Point System shall be composed of the agency Section 38. National Commission on the Role of Filipino
head or local chief executive, an executive committee with Women (NCRFW). - The National Commission on the Role of
an Undersecretary (or its equivalent), local government unit
Filipino Women (NCRFW) shall be renamed as the Philippine (a) Monitor with the PCW and other state agencies, among
Commission on Women (PCW), the primary policymaking others, in developing indicators and guidelines to comply
and coordinating body of the women and gender equality with their duties related to the human rights of women,
concerns under the Office of the President. The PCW shall be including their right to nondiscrimination guaranteed under
the overall monitoring body and oversight to ensure the this Act;
implementation of this Act. In doing so, the PCW may direct
any government agency and instrumentality, as may be (b) Designate one (1) commissioner and/or its Women's
necessary, to report on the implementation of this Act and Human Rights Center to be primarily responsible for
for them to immediately respond to the problems brought to formulating and implementing programs and activities
their attention in relation to this Act. The PCW shall also lead related to the promotion and protection of the human rights
in ensuring that government agencies are capacitated on the of women, including the investigations and complaints of
effective implementation of this Act. The chairperson shall discrimination and violations of their rights brought under
likewise report to the President in Cabinet meetings on the this Act and related laws and regulations;
implementation of this Act.
(c) Establish guidelines and mechanisms, among others, that
To the extent possible, the PCW shall influence the systems, will facilitate access of women to legal remedies under this
processes, and procedures of the executive, legislative, and Act and related laws, and enhance the protection and
judicial branches of government vis-a-vis GAD to ensure the promotion of the rights of women, especially marginalized
implementation of this Act. women;

To effectively and efficiently undertake and accomplish its (d) Assist in the filing of cases against individuals, agencies,
functions, the PCW shall revise its structure and staffing institutions, or establishments that violate the provisions of
pattern with the assistance of the Department of Budget and this Act; and
Management.
(e) Recommend to the President of the Philippines or the Civil
Section 39. Commission on Human Rights (CHR). - The Service Commission any possible administrative action based
Commission, acting as the Gender and Development Ombud, on noncompliance or failure to implement the provisions of
consistent with its mandate, shall undertake measures such this Act.
as the following:
Section 40. Monitoring Progress and Implementation and
Impact of this Act. - The PCW, in coordination with other
state agencies and the CHR, shall submit to Congress regular women and children, including the Women in Development
reports on the progress of the implementation of this Act and Nation Building Act (Republic Act No. 7192), the Special
highlighting the impact thereof on the status and human Protection of Children Against Child Abuse, Exploitation and
rights of women: Provided, That the second report shall Discrimination Act (Republic Act No. 7610), the Anti-Sexual
include an assessment of the effectiveness of this Act and Harassment Act of 1995 (Republic Act No. 7877), the Anti-
recommend amendments to improve its provisions: Rape Law of 1997 (Republic Act No. 8353), the Rape Victim
Provided, finally, That these reports shall be submitted to Assistance and Protection Act of 1998 (Republic Act No.
Congress every three (3) years or as determined in the 8505), the Anti-Trafficking in Persons Act of 2003 (Republic
implementing rules and regulations. Act No. 9208) and the Anti- Violence Against Women and
Their Children Act of 2004 (Republic Act No. 9262). If violence
Section 41. Penalties. - Upon finding of the CHR that a has been proven to be perpetrated by agents of the State
department, agency, or instrumentality of government, including, but not limited to, extrajudicial killings, enforced
government-owned and -controlled corporation, or local disappearances, torture, and internal displacements, such
government unit has violated any provision of this Act and its shall be considered aggravating offenses with corresponding
implementing rules and regulations, the sanctions under penalties depending on the severity of the offenses.
administrative law, civil service, or other appropriate laws
shall be recommended to the Civil Service Commission Section 42. Incentives and Awards. - There shall be
and/or the Department of the Interior and Local established an incentives and awards system which shall be
Government. The person directly responsible for the administered by a board under such rules and regulations as
violation as well as the head of the agency or local chief may be promulgated by the PCW to deserving entities,
executive shall be held liable under this Act. government agencies, and local government units for their
outstanding performance in upholding the rights of women
If the violation is committed by a private entity or individual, and effective implementation of gender-responsive
the person directly responsible for the violation shall be liable programs.
to pay damages.
Section 43. Funding. - The initial funding requirements for
Filing a complaint under this Act shall not preclude the the implementation of this Act shall be charged against the
offended party from pursuing other remedies available current appropriations of the agencies concerned.
under the law and to invoke any of the provisions of existing Thereafter, such sums as may be necessary for the
laws especially those recently enacted laws protecting
implementation of this Act shall be included in the agencies' Section 46. Repealing Clause. - Any law, presidential decree
yearly budgets under the General Appropriations Act. or issuance, executive order, letter of instruction,
administrative order, rule, or regulation contrary to, or
The State shall prioritize allocation of all available resources inconsistent with, the provisions of this Act is hereby
to effectively fulfill its obligations specified under this Act. repealed, modified, or amended accordingly.
The State agencies' GAD budgets, which shall be at least five
percent (5%) of their total budgetary allocation, shall also be Section 47. Effectivity Clause. - This Act shall take effect
utilized for the programs and activities to implement this Act. fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
Section 44. Implementing Rules and Regulations. - As the
lead agency, the PCW shall, in coordination with the
Commission on Human Rights and all concerned government
departments and agencies including, as observers, both
Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on
Women and Gender Equality (House of Representatives) and
with the participation of representatives from
nongovernment organizations (NGOs) and civil society
groups with proven track record of involvement and
promotion of the rights and welfare of Filipino women and
girls identified by the PCW, formulate the implementing rules
and regulations (IRR) of this Act within one hundred eighty
(180) days after its effectivity.

Section 45. Separability Clause. - If any provision or part


hereof is held invalid or unconstitutional, the remainder of
the law or the provisions not otherwise affected shall remain
valid and subsisting.
PRESIDENTIAL DECREE No. 851 December 16, 1976
RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL
REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A DECREE NO. 851
13th-MONTH PAY
By virtue of the powers vested in me by law, the following
WHEREAS, it is necessary to further protect the level of real rules and regulations implementing Presidential Decree No.
wages from the ravage of worldwide inflation; 851 are hereby issued for the guidance of all concerned.

WHEREAS, there has been no increase in the legal minimum Section 1. Payment of 13-month Pay All employers covered
wage rates since 1970; by Presidential Decree No. 851, hereinafter referred to as the
"Decree", shall pay to all their employees receiving a basic
WHEREAS, the Christmas season is an opportune time for salary of not more than P1,000 a month a thirteenth-month
society to show its concern for the plight of the working pay not later than December 24 of every year.
masses so they may properly celebrate Christmas and New
Year. Section 2. Definition of certain terms As used in this issuance.

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the (a) "Thirteenth-moth pay" shall mean one twelfth (1/12) of
powers vested in me by the Constitution, do hereby decree the basic salary of an employee within a calendar year;
as follows:
(b) "Basic salary" shall include all remunerations or earnings
Section 1. All employers are hereby required to pay all their paid by an employer to an employee for services rendered
employees receiving a basic salary of not more than P1,000 a but may not include cost-of-living allowances granted
month, regardless of the nature of their employment, a 13th- pursuant to Presidential Decree No. 525 or Letter of
month pay not later than December 24 of every year. Instructions No. 174, profit-sharing payments, and all
allowances and monetary benefits which are not considered
Section 2. Employers already paying their employees a 13th- or integrated as part of the regular or basic salary of the
month pay or its equivalent are not covered by this Decree. employee at the time of the promulgation of the Decree on
December 16, 1975.
Section 3. This Decree shall take effect immediately.
Section 3. Employers covered The Decree shall apply to all
employers except to:
(a) Distressed employers, such as (1) those which are unit of work produced that is more or less regularly
currently incurring substantial losses or (2) in the case of non- replicated, without regard to the time spent in producing the
profit institutions and organizations, where their income, same.
whether from donations, contributions, grants and other
earnings from any source, has consistently declined by more The term "its equivalent" as used in paragraph c) hereof shall
than forty (40%) percent of their normal income for the last include Christmas bonus, mid-year bonus, profit-sharing
two (2) years, subject to the provision of Section 7 of this payments and other cash bonuses amounting to not less than
issuance; 1/12th of the basic salary but shall not include cash and stock
dividends, cost of living allowances and all other allowances
(b) The Government and any of its political subdivisions, regularly enjoyed by the employee, as well as non-monetary
including government-owned and controlled corporations, benefits. Where an employer pays less than 1/12th of the
except those corporations operating essentially as private employees basic salary, the employer shall pay the
subsidiaries of the Government; difference.

(c) Employers already paying their employees 13-month pay Section 4. Employees covered Except as provided in Section
or more in a calendar year of its equivalent at the time of this 3 of this issuance, all employees of covered employers shall
issuance; be entitled to benefit provided under the Decree who are
receiving not more than P1,000 a month, regardless of their
(d) Employers of household helpers and persons in the position, designation or employment status, and irrespective
personal service of another in relation to such workers; and of the method by which their wages are paid, provided that
they have worked for at least one month during the calendar
(e) Employers of those who are paid on purely commission, year.
boundary, or task basis, and those who are paid a fixed
amount for performing a specific work, irrespective of the Section 5. Option of covered employers A covered employer
time consumed in the performance thereof, except where may pay one-half of the 13th-month pay required by the
the workers are paid on piece-rate basis in which case the Decree before the opening of the regular school year and the
employer shall be covered by this issuance insofar as such other half on or before the 24th day of December of every
workers are concerned. year.

As used herein, workers paid on piece-rate basis shall refer


to those who are paid a standard amount for every piece or
In any establishment where a union has been recognized or The report shall conform substantially with the following
certified as the collective bargaining agent of the employees form:
therein, the periodicity or frequency of payment of the 13th
month pay may be the subject of agreement. REPORT ON COMPLIANCE WITH PD NO. 851

Nothing herein shall prevent employers from giving the 1. Name of establishment
benefits provided in the Decree to their employees who are 2. Address
receiving more than One Thousand (P1,000) Pesos a month 3. Principal product or business
or benefits higher than those provided by the Decree. 4. Total employment
5. Total number of workers benefited
Section 6. Special feature of benefit The benefits granted 6. Amount granted per employee
under this issuance shall not be credited as part of the regular 7. Total amount of benefits granted
wage of the employees for purposes of determining overtime 8. Name, position and tel. no. of person giving information
and premium pay, fringe benefits, as well as premium
contributions to the State Insurance Fund, social security, Section 9. Adjudication of claims Non-payment of the
medicare and private welfare and retirement plans. thirteenth-month pay provided by the Decree and these
rules shall be treated as money claims cases and shall be
Section 7. Exemption of Distressed employers Distressed processed in accordance with the Rules Implementing the
employers shall qualify for exemption from the requirement Labor Code of the Philippines and the Rules of the National
of the Decree upon prior authorization by the Secretary of Labor Relations Commission.
Labor. Petitions for exemptions may be filed within the
nearest regional office having jurisdiction over the employer Section 10. Prohibition against reduction or elimination of
not later than January 15, 1976. The regional offices shall benefits Nothing herein shall be construed to authorize any
transmit the petitions to the Secretary of Labor within 24 employer to eliminate, or diminish in any way, supplements,
hours from receipt thereof. or other employee benefits or favorable practice being
enjoyed by the employee at the time of promulgation of this
Section 8. Report of compliance Every covered employer issuance.
shall make a report of his compliance with the Decree to the
nearest regional labor office not later than January 15 of each Section 11. Transitory Provision These rules and regulations
year. shall take effect immediately and for purposes of the 13-
month pay for 1975, the same shall apply only to those who
are employees as of December 16, 1975. 2. Private school teachers, including faculty members of
colleges and universities, are entitled to 1/12 of their annual
SUPPLEMENTARY RULES AND REGULATIONS basic pay regardless of the number of months they teach or
IMPLEMENTING P.D. NO. 851 are paid within a year.

To insure uniformity in the interpretation, application and 3. New establishments operating for less than one year are
enforcement of the provisions of P.D. No. 851 and its not covered except subsidiaries or branches of foreign and
implementing regulations, the following clarifications are domestic corporations.
hereby made for the information and guidance of all
concerned: 4. Overtime pay, earnings and other remunerations which
are not part of the basic salary shall not be included in the
1. Contractors and Subcontractors, including Security and computation of the 13-month pay.
Watchman Agencies, are exempt for the year 1975 subject to
the following conditions: 5. In view of the lack of sufficient time for the dissemination
of the provisions of P.D. No. 851 and its Rules and the
(a) that the contracts of such enterprises were entered into unavailability of adequate cash flow due to the long holiday
before December 16, 1975; season, compliance and reporting of compliance with this
Decree are hereby extended up to March 31, 1976 except in
(b) that such enterprises have complied with all labor private schools where compliance for 1975 may be made not
standards laws during the year; later than 30 June 1976.

(c) that the contract cannot really accomodate 13-month pay 6. Nothing herein shall sanction the withdrawal or diminution
or its equivalent; and of any compensation, benefits or any supplements being
enjoyed by the employees on the effective date of this
(d) that the contract does not provide for cost escalation issuance.
clause.

This exemption is without prejudice on the part of the


workers to negotiate with their employers or to seek
payment thereof by filing appropriate complaints with the
Regional Offices of the Department of Labor.
Republic Act No. 6727 June 9, 1989 rates shall be adjusted in a fair and equitable manner,
considering existing regional disparities in the cost of living
AN ACT TO RATIONALIZE WAGE POLICY DETERMINATION and other socio-economic factors and the national economic
BY ESTABLISHING THE MECHANISM AND PROPER and social development plans.
STANDARDS THEREFOR, AMENDING FOR THE PURPOSE
ARTICLE 99 OF, AND INCORPORATING ARTICLES 120, 121, Section 3. In line with the declared policy under this Act,
122, 123, 124, 126 AND 127 INTO, PRESIDENTIAL DECREE Article 99 of Presidential Decree No. 442, as amended, is
NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR hereby amended and Articles 120, 121, 122, 123, 124, 126
CODE OF THE PHILIPPINES, FIXING NEW WAGE RATES, and 127 are hereby incorporated into Presidential Decree
PROVIDING WAGE INCENTIVES FOR INDUSTRIAL DISPERSAL No. 442, as amended, to read as follows:
TO THE COUNTRYSIDE, AND FOR OTHER PURPOSES
"Art. 99. Regional Minimum Wages. — The minimum wage
Be it enacted by the Senate and House of Representatives of rates for agricultural and non-agricultural employees and
the Philippines in Congress assembled:: workers in each and every region of the country shall be
those prescribed by the Regional Tripartite Wages and
Section 1. This Act shall be known as the "Wage Productivity Boards."
Rationalization Act."
"Art. 120. Creation of the National Wages and Productivity
Section 2. It is hereby declared the policy of the State to Commission. — There is hereby created a National Wages
rationalize the fixing of minimum wages and to promote and Productivity Commission, hereinafter referred to as the
productivity-improvement and gain-sharing measures to Commission, which shall be attached to the Department of
ensure a decent standard of living for the workers and their Labor and Employment (DOLE) for policy and program
families; to guarantee the rights of labor to its just share in coordination."
the fruits of production; to enhance employment generation
in the countryside through industry dispersal; and to allow "Art. 121. Powers and Functions of the Commission. — The
business and industry reasonable returns on investment, Commission shall have the following powers and functions:
expansion and growth.
"(a) To act as the national consultative and advisory body to
The State shall promote collective bargaining as the primary the President of the Philippines and Congress on matters
mode of settling wages and other terms and conditions of relating to wages, incomes and productivity;
employment; and whenever necessary, the minimum wage
"(b) To formulate policies and guidelines on wages, incomes "(i) To exercise such powers and functions as may be
and productivity improvement at the enterprise, industry necessary to implement this Act.
and national levels;
"The Commission shall be composed of the Secretary of
"(c) To prescribe rules and guidelines for the determination Labor and Employment as ex-officio chairman, the Director-
of appropriate minimum wage and productivity measures at General of the National Economic and Development
the regional, provincial or industry levels; Authority (NEDA) as ex-officio vice-chairman, and two (2)
members each from workers and employers sectors who
"(d) To review regional wage levels set by the Regional shall be appointed by the President of the Philippines upon
Tripartite Wages and Productivity Boards to determine if recommendation of the Secretary of Labor and Employment
these are in accordance with prescribed guidelines and to be made on the basis of the list of nominees submitted by
national development plans; the workers and employers sectors, respectively, and who
shall serve for a term of five (5) years. The Executive Director
"(e) To undertake studies, researches and surveys necessary of the Commission shall also be a member of the
for the attainment of its functions and objectives, and to Commission.
collect and compile data and periodically disseminate
information on wages and productivity and other related "The Commission shall be assisted by a Secretariat to be
information, including, but not limited to, employment, cost- headed by an Executive Director and two (2) Deputy
of-living, labor costs, investments and returns; Directors, who shall be appointed by the President of the
Philippines, upon the recommendation of the Secretary of
"(f) To review plans and programs of the Regional Tripartite Labor and Employment.
Wages and Productivity Boards to determine whether these
are consistent with national development plans; "The Executive Director shall have the same rank, salary,
benefits and other emoluments as that of a Department
"(g) To exercise technical and administrative supervision over Assistant Secretary, while the Deputy Directors shall have the
the Regional Tripartite Wages and Productivity Boards; same rank, salary, benefits and other emoluments as that of
a Bureau Director. The members of the Commission
"(h) To call, from time to time, a national tripartite representing labor and management shall have the same
conference of representatives of government, workers and rank, emoluments, allowances and other benefits as those
employers for the consideration of measures to promote
wage rationalization and productivity; and
prescribed by law for labor and management representatives "(e) To receive, process and act on applications for
in the Employees' Compensation Commission. exemption from prescribed wage rates as may be provided
by law or any Wage Order; and
"Art. 122. Creation of Regional Tripartite Wages and
Productivity Boards. — There is hereby created Regional "(f) To exercise such other powers and functions as may be
Tripartite Wages and Productivity Boards, hereinafter necessary to carry out their mandate under this Code.
referred to as Regional Boards, in all regions, including
autonomous regions as may be established by law. The Implementation of the plans, programs and projects of the
Commission shall determine the offices/headquarters of the Regional Boards referred to in the second paragraph, letter
respective Regional Boards. (a) of this Article, shall be through the respective regional
offices of the Department of Labor and Employment within
"The Regional Boards shall have the following powers and their territorial jurisdiction; Provided, however, That the
functions in their respective territorial jurisdiction: Regional Boards shall have technical supervision over the
regional office of the Department of Labor and Employment
"(a) To develop plans, programs and projects relative to with respect to the implementation of said plans, programs
wages, incomes and productivity improvement for their and projects.
respective regions;
"Each Regional Board shall be composed of the Regional
"(b) To determine and fix minimum wage rates applicable in Director of the Department of Labor and Employment as
their region, provinces or industries therein and to issue the chairman, the Regional Directors of the National Economic
corresponding wage orders, subject to guidelines issued by and Development Authority and the Department of Trade
the Commission; and Industry as vice-chairmen and two (2) members each
from workers and employers sectors who shall be appointed
"(c) To undertake studies, researches and surveys necessary by the President of the Philippines, upon the
for the attainment of their functions, objectives and recommendation of the Secretary of Labor and Employment,
programs, and to collect and compile data on wages, to be made on the basis of the list of nominees submitted by
incomes, productivity and other related information and the workers and employers sectors, respectively, and who
periodically disseminate the same; shall serve for a term of five (5) years.

"(d) To coordinate with the other Regional Boards as may be


necessary to attain the policy and intention of this Code;
"Each Regional Board to be headed by its chairman shall be the order of the corresponding increase, in the event such
assisted by a Secretariat. order is affirmed."

"Art. 123. Wage Order. — Whenever conditions in the region "Art. 124. Standards/Criteria for Minimum Wage Fixing. —
so warrant, the Regional Board shall investigate and study all The regional minimum wages to be established by the
pertinent facts; and based on the standards and criteria Regional Board shall be as nearly adequate as is economically
herein prescribed, shall proceed to determine whether a feasible to maintain the minimum standards of living
Wage Order should be issued. Any such Wage Order shall necessary for the health, efficiency and general well-being of
take effect after fifteen (15) days from its complete the employees within the framework of the national
publication in at least one (1) newspaper of general economic and social development program. In the
circulation in the region. determination of such regional minimum wages, the
Regional Board shall, among other relevant factors, consider
"In the performance of its wage determining functions, the the following:
Regional Board shall conduct public hearings/consultations,
giving notices to employees' and employers' groups, "(a) The demand for living wages;
provincial, city and municipal officials and other interested
parties. "(b) Wage adjustment vis-a-vis the consumer price index;

"Any party aggrieved by the Wage Order issued by the "(c) The cost of living and changes or increases therein;
Regional Board may appeal such order to the Commission
within ten (10) calendar days from the publication of such "(d) The needs of workers and their families;
order. It shall be mandatory for the Commission to decide
such appeal within sixty (60) calendar days from the filing "(e) The need to induce industries to invest in the
thereof. countryside;

"The filing of the appeal does not stay the order unless the "(f) Improvements in standards of living;
person appealing such order shall file with the Commission
an undertaking with a surety or sureties satisfactory to the "(g) The prevailing wage levels;
Commission for the payment to the employees affected by
"(h) Fair return of the capital invested and capacity to pay of
employers;
"(i) Effects on employment generation and family income; if it remains unresolved, through voluntary arbitration.
and Unless otherwise agreed by the parties in writing, such
dispute shall be decided by the voluntary arbitrator or panel
"(j) The equitable distribution of income and wealth along of voluntary arbitrators within ten (10) calendar days from
the imperatives of economic and social development. the time said dispute was referred to voluntary arbitration.

"The wages prescribed in accordance with the provisions of "In cases where there are no collective agreements or
this Title shall be the standard prevailing minimum wages in recognized labor unions, the employers and workers shall
every region. These wages shall include wages varying within endeavor to correct such distortions. Any dispute arising
industries, provinces or localities if in the judgment of the therefrom shall be settled through the National Conciliation
Regional Board conditions make such local differentiation and Mediation Board and, if it remains unresolved after ten
proper and necessary to effectuate the purpose of this Title. (10) calendar days of conciliation, shall be referred to the
appropriate branch of the National Labor Relations
"Any person, company, corporation, partnership or any other Commission (NLRC). It shall be mandatory for the NLRC to
entity engaged in business shall file and register annually conduct continuous hearings and decide the dispute within
with the appropriate Regional Board, Commission and the twenty (20) calendar days from the time said dispute is
National Statistics Office an itemized listing of their labor submitted for compulsory arbitration.
component, specifying the names of their workers and
employees below the managerial level, including learners, "The pendency of a dispute arising from a wage distortion
apprentices and disabled/handicapped workers who were shall not in any way delay the applicability of any increase in
hired under the terms prescribed in the employment prescribed wage rates pursuant to the provisions of law or
contracts, and their corresponding salaries and wages. Wage Order.

"Where the application of any prescribed wage increase by "As used herein, a wage distortion shall mean a situation
virtue of law or Wage order issued by any Regional Board where an increase in prescribed wage rates results in the
results in distortions of the wage structure within an elimination or severe contraction of intentional quantitative
establishment, the employer and the union shall negotiate to differences in wage or salary rates between and among
correct the distortions. Any dispute arising from wage employee groups in an establishment as to effectively
distortions shall be resolved through the grievance obliterate the distinctions embodied in such wage structure
procedure under their collective bargaining agreement and,
based on skills, length of service, or other logical bases of an annual gross sales of less than five million pesos
differentiation. (P5,000,000.00) in the preceding year shall be paid an
increase of twenty pesos (P20.00), and except further that
"All workers paid by result, including those who are paid on workers and employees of cottage/handicraft industries,
piecework, takay, pakyaw or task basis, shall receive not less non-plantation agricultural enterprises, retail/service
than the prescribed wage rates per eight (8) hours work a establishments regularly employing not more than ten (10)
day, or a proportion thereof for working less than eight (8) workers, and business enterprises with a capitalization of not
hours. more than five hundred thousand pesos (P500,000.00) and
employing not more than twenty (20) employees, which are
"All recognized learnership and apprenticeship agreements located or operating outside the NCR, shall be paid only an
shall be considered automatically modified insofar as their increase of fifteen pesos (P15.00): Provided, That those
wage clauses are concerned to reflect the prescribed wage already receiving above the minimum wage rates up to one
rates." hundred pesos (P100.00) shall also receive an increase of
twenty-five pesos (P25.00) per day, except that the workers
"Art. 126. Prohibition Against Injunction. — No preliminary or and employees mentioned in the first exception clause of this
permanent injunction or temporary restraining order may be Section shall also be paid only an increase of twenty pesos
issued by any court, tribunal or other entity against any (P20.00), and except further that those employees
proceedings before the Commission or the Regional enumerated in the second exception clause of this Section
Boards." shall also be paid an increase of fifteen pesos (P15.00):
Provided, further, That the appropriate Regional Board is
"Art. 127. Non-diminution of Benefits. — No Wage Order hereby authorized to grant additional increases to the
issued by any Regional Board shall provide for wage rates workers and employees mentioned in the exception clauses
lower than the statutory minimum wage rates prescribed by of this Section if, on the basis of its determination pursuant
Congress." to Article 124 of the Labor Code such increases are
necessary.
Section 4. (a) Upon the effectivity of this Act, the statutory
minimum wage rates of all workers and employees in the (b) The increase of twenty-five pesos (P25.00) prescribed
private sector, whether agricultural or non-agricultural, shall under this Section shall apply to all workers and employees
be increased by twenty-five pesos (P25.00) per day, except entitled to the same in private educational institutions as
that workers and employees in plantation agricultural soon as they have increased or are granted authority to
enterprises outside of the National Capital Region (NCR) with
increase their tuition fees during school year 1989-1990. where such increases are less than the prescribed increases
Otherwise, such increase shall be so applicable not later than in the wage rates under this Act, the employer shall pay the
the opening of the next school year beginning 1990. difference. Such increases shall not include anniversary wage
increases, merit wage increases and those resulting from the
(c) Exempted from the provisions of this Act are household regularization or promotion of employees.
or domestic helpers and persons employed in the personal
service of another, including family drivers. Where the application of the increases in the wage rates
under this Section results in distortions as defined under
Retail/service establishments regularly employing not more existing laws in the wage structure within an establishment
than ten (10) workers may be exempted from the and gives rise to a dispute therein, such dispute shall first be
applicability of this Act upon application with and as settled voluntarily between the parties and in the event of a
determined by the appropriate Regional Board in accordance deadlock, the same shall be finally resolved through
with the applicable rules and regulations issued by the compulsory arbitration by the regional branches of the
Commission. Whenever an application for exemption has National Labor Relations Commission (NLRC) having
been duly filed with the appropriate Regional Board, action jurisdiction over the workplace.
on any complaint for alleged non-compliance with this Act
shall be deferred pending resolution of the application for It shall be mandatory for the NLRC to conduct continuous
exemption by the appropriate Regional Board. hearings and decide any dispute arising under this Section
within twenty (20) calendar days from the time said dispute
In the event that applications for exemptions are not is formally submitted to it for arbitration. The pendency of a
granted, employees shall receive the appropriate dispute arising from a wage distortion shall not in any way
compensation due them as provided for by this Act plus delay the applicability of the increase in the wage rates
interest of one per cent (1%) per month retroactive to the prescribed under this Section.
effectivity of this Act.
Section 5. Within a period of four (4) years from the
(d) If expressly provided for and agreed upon in the collective effectivity of this Act and without prejudice to collective
bargaining agreements, all increases in the daily basic wage bargaining negotiations or agreements or other employment
rates granted by the employers three (3) months before the contracts between employers and workers, new business
effectivity of this Act shall be credited as compliance with the enterprises that may be established outside the NCR and
increases in the wage rates prescribed herein, provided that, export processing zones whose operation or investments
need initial assistance as may be determined by the wages and other benefits of their employees through any of
Department of Labor and Employment in consultation with said banks and within the period of payment of wages fixed
the Department of Trade and Industry or the Department of by Presidential Decree No. 442, as amended, otherwise
Agriculture, as the case may be, shall be exempt from the known as the Labor Code of the Philippines.
applicability of this Act for not more than three (3) years from
the start of their operations: Provided, That such new Section 8. Whenever applicable and upon request of a
business enterprises established in Region III (Central Luzon) concerned worker or union, the bank shall issue a
and Region IV (Southern Tagalog) shall be exempt from such certification of the record of payment of wages of a particular
increases only for two (2) years from the start of their worker or workers for a particular payroll period.
operations, except those established in the Provinces of
Palawan, Oriental Mindoro, Occidental Mindoro, Section 9. The Department of Labor and Employment shall
Marinduque, Romblon, Quezon and Aurora, which shall conduct inspections as often as possible within its manpower
enjoy such exemption for not more than three (3) years from constraint of the payroll and other financial records kept by
the start of their operations. the company or business to determine whether the workers
are paid the prescribed minimum wage rates and other
Section 6. In the case of contracts for construction projects benefits granted by law or any Wage Order. In unionized
and for security, janitorial and similar services, the prescribed companies, the Department of Labor and Employment
increases in the wage rates of the workers shall be borne by inspectors shall always be accompanied by the president or
the principals or clients of the construction/service any responsible officer of the recognized bargaining unit or
contractors and the contract shall be deemed amended of any interested union in the conduct of the inspection. In
accordingly. In the event, however, that the principal or non-unionized companies, establishments or businesses, the
client fails to pay the prescribed wage rates, the inspection should be carried out in the presence of a worker
construction/service contractor shall be jointly and severally representing the workers in the said company. The workers'
liable with his principal or client. representative shall have the right to submit his own findings
to the Department of Labor and Employment and to testify
Section 7. Upon written permission of the majority of the on the same if he cannot concur with the findings of the labor
employees or workers concerned, all private establishments, inspector.
companies, businesses, and other entities with twenty five
(25) or more employees and located within one (1) kilometer Section 10. The funds necessary to carry out the provisions
radius to a commercial, savings or rural bank shall pay the of this Act shall be taken from the Compensation and
Organizational Adjustment Fund, the Contingent Fund, and Section 12. Any person, corporation, trust, firm, partnership,
other savings under the Republic Act No. 6688, otherwise association or entity which refuses or fails to pay any of the
known as the General Appropriations Act of 1989, or from prescribed increases or adjustments in the wage rates made
any unappropriated funds of the National Treasury: in accordance with this Act shall be punished by a fine not
Provided, That the funding requirements necessary to exceeding twenty five thousand pesos (P25,000.00) and/or
implement this Act shall be included in the annual General imprisonment of not less than one (1) year nor more than
Appropriations Act for the succeeding years. two (2) years: Provided, That any person convicted under this
Act shall not be entitled to the benefits provided for under
Section 11. The National Wages Council created under the Probations Law.
Executive Order No. 614 and the National Productivity
Commission created under Executive Order No. 615 are If the violation is committed by a corporation, trust or firm,
hereby abolished. All properties, records, equipment, partnership, association or any other entity, the penalty of
buildings, facilities, and other assets, liabilities and imprisonment shall be imposed on the entity's responsible
appropriations of and belonging to the abovementioned officers, including, but not limited to, the president, vice-
offices, as well as other matters pending therein, shall be president, chief executive officer, general manager,
transferred to the Commission. All personnel of the above managing director or partner.
abolished offices shall continue to function in a holdover
capacity and shall be preferentially considered for Section 13. The Secretary of Labor and Employment shall
appointments to or placement in the Commission. promulgate the necessary rules and regulations to
implement the provisions of this Act.
Any official or employee separated from the service as a
result of the abolition of office pursuant to this Act shall be Section 14. Al laws, orders, issuances, rules and regulations
entitled to appropriate separation pay and retirement and or parts thereof inconsistent with the provisions of this Act
other benefits accruing to them under existing laws. In lieu, are hereby repealed, amended or modified accordingly. If
thereof, at the option of the employee, he shall be any provision or part of this Act, or the application thereof to
preferentially considered for employment in the government any person or circumstance, is held invalid or
or in any of its subdivisions, instrumentalities, or agencies, unconstitutional, the remainder of this Act or the application
including government-owned or controlled corporations and of such provision or part thereof to other persons or
their subsidiaries. circumstances shall not be affected thereby.
Nothing in this Act shall be construed to reduce any existing
wage rates, allowances and benefits of any form under
existing laws, decrees, issuances, executive orders, and/or
under any contract or agreement between the workers and
the employers.

Section 15. This Act 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: June 9, 1989


RULES IMPLEMENTING REPUBLIC ACT NO. 6727 or which employs at least 20 workers. Any other agricultural
enterprise shall be considered as "Non-Plantation
Pursuant to the authority granted to the Secretary of Labor Agricultural Enterprise";
and Employment under Section 13 of Republic Act No. 6727,
otherwise known as the Wage Rationalization Act, the f) "Retail Establishment" is one principally engaged in the sale
following rules are hereby issued for guidance and of goods to end-users for personal or household use;
compliance by all concerned:
g) "Service Establishment" is one principally engaged in the
Definition of Terms. As used in this Rules — sale of service to individuals for their own or household use
and is generally recognized as such;
a) "Act" means Republic Act No. 6727;
h) "Cottage/Handicraft Establishment" is one engaged in an
b) "Commission" means the National Wages and Productivity economic endeavor in which the products are primarily done
Commission; in the home or such other places for profit which requires
manual dexterity and craftmanship and whose capitalization
c) "Board" means the Regional Tripartite Wages and does not exceed P500,000, regardless of previous
Productivity Board; registration with the defunct NACIDA;

d) "Agriculture" refers to farming in all its branches and i) "National Capital Region" covers the cities of Kalookan,
among others, includes the cultivation and tillage of the soil, Manila, Pasay and Quezon and the municipalities of Las
production, cultivation, growing and harvesting of any Piñas, Makati, Malabon, Mandaluyong, Marikina,
agricultural or horticultural commodities, dairying, raising of Muntinlupa, Navotas, Parañaque, Pasig, Pateros, San Juan,
livestock or poultry, the culture of fish and other aquatic Taguig and Valenzuela;
products in farms or ponds, and any activities performed by
a farmer or on a farm as an incident to or in conjunction with j) "Region III" covers the provinces of Bataan, Bulacan, Nueva
such farming operations, but does not include the Ecija, Pampanga, Tarlac, and Zambales and the cities of
manufacturing and/or processing of sugar, coconut, abaca, Angeles, Cabanatuan, Olongapo, Palayan and San Jose;
tobacco, pineapple, aquatic or other farm products;
k) "Region IV" covers the provinces of Aurora, Batangas,
e) "Plantation Agricultural Enterprise" is one engaged in Cavite, Laguna, Marinduque, Occidental Mindoro, Oriental
agriculture with an area of more than 24 hectares in a locality Mindoro, Palawan, Quezon, Rizal and Romblon and the cities
of Batangas, Cavite, Lipa, Lucena, Puerto Princesa, San Pablo, CHAPTER I
Tagaytay and Trece Martires;
Wage Increase
l) "Department" refers to the Department of Labor and
Employment; SECTION 1. Coverage. — The wage increase prescribed
under the Act shall apply to all workers and employees in the
m) "Secretary" means the Secretary of Labor and private sector regardless of their position, designation or
Employment; status, and irrespective of the method by which their wages
are paid, except;
n) "Basic Wage" means all remuneration or earnings paid by
an employer to a worker for services rendered on normal a) Household or domestic helpers, including family drivers
working days and hours but does not include cost-of-living and workers in the personal service of another;
allowances, profit sharing payments, premium payments,
13th month pay or other monetary benefits which are not b) Workers and employees in retail/service establishments
considered as part of or integrated into the regular salary of regularly employing not more than 10 workers, when
the workers on the date the Act became effective; exempted from compliance with the Act, for a period fixed
by the Commission/Boards in accordance with Section 4 (c)
o) "Statutory Minimum Wage" is the lowest wage rate fixed of the Act and Section 15, Chapter 1 of this Rules;
by law that an employer can pay his workers;
c) Workers and employees in new business enterprises
p) "Wage Distortion" means a situation where an increase in outside the National Capital Region and export processing
prescribed wage rates results in the elimination or severe zones for a period of not more than two or three years, as
contraction of intentional quantitative differences in wage or the case may be, from the start of operations when
salary rates between and among employee groups in an exempted in accordance with Section 5 of the Act and Section
establishment as to effectively obliterate the distinctions 15, Chapter 1 of this Rules;
embodied in such wage structure based on skills, length of
service, or other logical bases of differentiation; d) Workers and employees receiving a basic wage of more
than P100.00 per day.
q) "Capitalization" means paid-up capital, in the case of a
corporation, and total invested capital, in the case of a Section 2. Effectivity. — The Act takes effect on July 1, 1989,
partnership or single proprietorship. 15 days following its complete publication in two newspapers
of general circulation on June 15, 1989 pursuant to Section a) All workers and employees who, prior to July 1, 1989, were
15 thereof. already receiving a basic wage above the statutory minimum
wage rates provided under Republic Act 6640 but not over
Section 3. Amount of Minimum Wage Increase. — Effective P100.00 per day shall receive a wage increase equivalent to
July 1, 1989, the daily statutory minimum wage rates of that provided in the preceding Section.
covered workers and employees shall be increased as
follows: b) Those receiving not more than the following monthly wage
rates prior to July 1, 1989 shall be deemed covered by the
a) P25.00 for those in the National Capital Region; preceding subsection:

b) P25.00 for those outside the National Capital Region, (i) P3,257.50 — where the workers and employees work
except for the following: everyday, including premium payments for Sundays or rest
days, special days and regular holidays.
— P20.00 for those in plantation agricultural enterprises with
an annual gross sales of less than P5 million in the fiscal year (ii) P3,041.67 — where the workers and employees do not
immediately preceding the effectivity of the Act; work but considered paid on rest days, special days and
regular holidays.
— P15.00 for those in the following enterprises:
(iii) P2,616.67 — where the workers and employees do not
1. Non-plantation agriculture work and are not considered paid on Sundays or rest days.

2. Cottage/handicraft (iv) P2,183.33 — where the workers and employees do not


work and are not considered paid on Saturdays and Sundays
3. Retail/Service regularly employing not more than 10 or rest days.
workers.
c) Workers and employees who, prior to July 1, 1989, were
4. Business enterprises with a capitalization of not more than receiving a basic wage of more than P100.00 per day or its
P500,000 and employing not more than 20 workers. monthly equivalent, are not by law entitled to the wage
increase provided under the Act. They may, however, receive
Section 4. When Wage Increase Due Other Workers. — wage increases through the correction of wage distortions in
accordance with Section 16, Chapter 1 of this Rules.
Section 5. Daily Statutory Minimum Wage Rates. — The Retail/Service
daily statutory minimum wage rates of workers and
employees shall be as follows: Employing more than 15 workers 64.00 89.00

Under RA 6640 Under RA 6727 Employing 11 to 15 workers 60.00 85.00

Sector/Industry (Effective (Effective Employing not more than 10 workers 43.00 68.00

Dec. 14, 1987) July 1, 1989 ) B. OUTSIDE NATIONAL CAPITAL REGION

A. NATIONAL CAPITAL REGION Non-agriculture 64.00 89.00

Non-Agriculture P64.00 P89.00 Agriculture

Agriculture Plantation with annual

Plantation 54.00 79.00 gross sales of P5M or more 54.00 79.00

Non-Plantation 43.50 68.50 Plantation with annual gross

Cottage/Handicraft sales less than P5M 54.00 74.00

Employing more than 30 workers 52.00 77.00 Non-Plantation 43.50 58.50

Employing not more than 30 workers 50.00 75.00 Cottage/Handicraft

Private hospitals Employing more than 30 workers 52.00 67.00

With bed capacity of more than 100 64.00 89.00 Employing not more than 30 workers 50.00 65.00

With bed capacity or 100 or less 60.00 85.00 Private Hospitals 60.00 85.00
Retail/Service Business Enterprises with Capitalization

Cities w/ population of more than 150,000 of not more than P500,000 and employing

Employing more than 15 workers 64.00 89.00 not more than 20 workers

Employing 11 to 15 workers 60.00 85.00 Non-Agriculture 64.00 79.00

Employing not more than 10 workers 43.00 58.00 Agriculture Plantation

Municipalities and Cities with Products Other than Sugar 54.00 69.00

population not more than 150,000 Sugar 48.50 63.50

Employing more than 10 workers 60.00 85.00 Private Hospitals 60.00 75.00

Employing not more than 10 workers 43.00 58.00 Retail/Service

Sugar Mills 66.00 91.00 Cities w/ population of more than P150,000

Agriculture Employing more than 15 workers 64.00 79.00

Plantation with annual gross Employing 11 to 15 workers 60.00 75.00

sales of P5M or more 48.50 73.50 Municipalities and Cities w/ population

Plantation with annual gross of not more than 150,000

sales of less than P5M 48.50 68.50 Employing more than 10 workers 60.00 75.00

Non-plantation 43.50 58.50


Section 6. Suggested Formula in Determining the Equivalent Note: For workers whose rest days fall on Sundays, the
Monthly Statutory Minimum Wage Rates. — Without number of rest days in a year is reduced from 52 to 51 days,
prejudice to existing company practices, agreements or the last Sunday of August being a regular holiday under
policies, the following formula may be used as guides in Executive Order No. 203. For purposes of computation, said
determining the equivalent monthly statutory minimum holiday, although still a rest day for them, is included in the
wage rates: ten regular holidays. For workers whose rest days do not fall
on Sundays, the number of rest days is 52 days, as there are
a) For those who are required to work everyday including 52 weeks in a year.
Sundays or rest days, special days and regular holidays:
Nothing herein shall be construed as authorizing the
Equivalent Applicable daily wage rate reduction of benefits granted under existing agreements or
employer practices/policies.
Monthly = (ADR) x 390.90 days
Section 7. Basis of Minimum Wage Rates. — The statutory
————————— minimum wage rates prescribed under the Act shall be for
the normal working hours, which shall not exceed eight hours
Rate (EMR) 12 of work a day.

Where 390.90 days = Section 8. Credible Wage Increase. —

302 days — Ordinary working days a) No wage increase shall be credited as compliance with the
increases prescribed under the Act unless expressly provided
20 days — 10 regular holidays x 200% under collective bargaining agreements, and, such wage
increase was granted not earlier than April 1, 1989 but not
66.30 days — 51 rest days x 130% later than July 1, 1989. Where the wage increase granted is
less than the prescribed increase under the Act, the employer
2.60 days — 2 special days x 130% shall pay the difference.

390.90 days — Total equivalent number of days. b) Anniversary wage increase provided in collective
agreements, merit wage increase, and those resulting from
the regularization or promotion of employees shall not be Section 10. Wages of Special Groups of Workers. — Wages
credited as compliance thereto. of apprentices, learners and handicapped workers shall in no
case be less than 75 percent of the applicable statutory
Section 9. Workers Paid by Results. — minimum wage rates.

a) All workers paid by results, including those who are paid All recognized learnership and apprenticeship agreements
on piecework, takay, pakyaw, or task basis, shall receive not entered into before July 1, 1989 shall be considered as
less than the applicable statutory minimum wage rates automatically modified insofar as their wage clauses are
prescribed under the Act for the normal working hours which concerned to reflect the increases prescribed under the Act.
shall not exceed eight hours work a day, or a proportion
thereof for work of less than the normal working hours. Section 11. Application to Contractors. — In the case of
contracts for construction projects and for security, janitorial
The adjusted minimum wage rates for workers paid by and similar services, the prescribed wage increases shall be
results shall be computed in accordance with the following borne by the principals or clients of the construction/service
steps: contractors and the contract shall be deemed amended
accordingly. In the event, however, that the principal or
1) Amount of increase in AMW* — Previous AMW x 100 = % client fails to pay the prescribed wage rates, the
increase; construction/service contractor shall be jointly and severally
liable with his principal or client.
2) Existing rate/piece x % increase = increase in rate/piece;
Section 12. Application to Private Educational
3) Existing rate/piece + increase in rate/piece = Adjusted Institutions. — Private educational institutions which
rate/piece. increased tuition fees beginning school year 1989-1990 shall
comply with the P250.00 per day wage increase prescribed
*Where AMW is the applicable minimum wage rate. under the Act effective as follows:

b) The wage rates of workers who are paid by results shall a) In cases where the tuition fee increase was effected before
continue to be established in accordance with Article 101 of the effectivity of the Act, the wage increase shall take effect
the Labor Code, as amended and its implementing on July 1, 1989.
regulations.
b) In cases where the tuition fee increase was effected on or 1) Retail/Service establishments regularly employing not
after the effectivity of the Act, the wage increase shall take more than 10 workers upon application with and as
effect not later than the date the school actually increased determined by the appropriate Board in accordance with
tuition fees but in the latter case, such wage increase may applicable guidelines to be issued by the Commission.
not be made retroactive to July 1, 1989.
2) New business enterprises that may be established outside
Beginning school year 1990-1991, all schools shall implement the National Capital Region and export processing zones
the wage increase regardless of whether or not they have from July 1, 1989 to June 30, 1993, whose operation or
actually increased tuition fees. investments need initial assistance may be exempted for not
more than three years from the start of operations, subject
Section 13. Mobile and Branch Workers. — The statutory to guidelines to be issued by the Secretary in consultation
minimum wage rates of workers, who by the nature of their with the Department of Trade and Industry and the
work have to travel, shall be those applicable in the domicile Department of Agriculture.
or head office of the employer.
New business enterprises in Region III (Central Luzon) and
The minimum wage rates of workers working in branches or Region IV (Southern Tagalog) may be exempted for two years
agencies of establishments in or outside the National Capital only from start of operations, except those that may be
Region shall be those applicable in the place where they are established in the provinces of Palawan, Oriental Mindoro,
stationed. Occidental Mindoro, Marinduque, Romblon, Quezon and
Aurora, which may also be exempted for not more than three
Section 14. Transfer of Personnel. — The transfer of years from the start of operations.
personnel to areas outside the National Capital Region shall
not be a valid ground for the reduction workers transferred b) Whenever an application for exemption has been duly
to the National Capital Region shall be entitled to the filed with the appropriate office in the Department/Board,
minimum wage rate applicable therein. action by the Regional Office of the Department on any
complaint for alleged non-compliance with the Act shall be
Section 15. Exemptions. — deferred pending resolution of the application for
exemption.
a) The following establishments may be exempted from
compliance with the wage increase prescribed under the
Act:
c) In the event that the application for exemption is not under the Act shall be filed with the Regional Offices of the
granted, the workers and employees shall receive the Department having jurisdiction over the workplace and shall
appropriate compensation due them as provided for under be the subject of enforcement proceedings under Articles
the Act plus interest of one percent per month retroactive to 128 and 129 of the Labor Code, as amended.
July 1, 1989 or the start of operations whichever is
applicable. Section 18. Conduct of Inspection by the Department. — The
Department shall conduct inspections of establishments, as
Section 16. Effects on Existing Wage Structure. — Where the often as necessary, to determine whether the workers are
application of the wage increase prescribed herein results in paid the prescribed wage rates and other benefits granted by
distortions in the wage structure within an establishment law or any Wage Order. In the conduct of inspection in
which gives rise to a dispute therein, such dispute shall first unionized companies, Department inspectors shall always be
be settled voluntarily between the parties. In the event of a accompanied by the president or other responsible officer of
deadlock, such dispute shall be finally resolved through the recognized bargaining unit or of any interested union. In
compulsory arbitration by the regional arbitration branch of the case of non-unionized establishments, a worker
the National Labor Relations Commission (NLRC) having representing the workers in the said company shall
jurisdiction over the workplace. accompany the inspector.

The NLRC shall conduct continuous hearings and decide any The workers' representative shall have the right to submit his
dispute arising from wage distortions within twenty calendar own findings to the Department and to testify on the same if
days from the time said dispute is formally submitted to it for he does not concur with the findings of the labor inspector.
arbitration.
Section 19. Payment of Wages. — Upon written petition of
The pendency of a dispute arising from a wage distortion the majority of the workers and employees concerned, all
shall not in any way delay the applicability of the increases in private establishments, companies, businesses and other
the wage rates prescribed under the Act. entities with at least twenty-five workers and located within
one kilometer radius to a commercial, savings or rural bank,
Any issue involving wage distortion shall not be a ground for shall pay the wages and other benefits of their workers
a strike/lockout. through any of said banks within the period and in the
manner and form prescribed under the Labor Code as
Section 17. Complaints for Non-Compliance. — Complaints amended.
for non-compliance with the wage increases prescribed
Section 20. Duty of Bank. — Whenever applicable and upon c) To prescribe rules and guidelines for the determination of
request of a concerned worker or union, the bank through appropriate minimum wage and productivity measures at
which wages and other benefits are paid shall issue a the regional, provincial or industry levels;
certification of the record of payment of said wages and
benefits of a particular worker or workers for a particular d) To review regional wage levels set by the Regional
payroll period. Tripartite Wages and Productivity Boards to determine if
these are in accordance with prescribed guidelines and
CHAPTER II national development plans;

The National Wages and Productivity Commission and e) To undertake studies, researches and surveys necessary
Regional Tripartite Wages and Productivity Boards for the attainment of its functions and objectives, and to
collect and complete data and periodically disseminate
SECTION 1. Commission. — The National Wages and information on wages and productivity and other related
Productivity Commission created under the Act shall hold information, including, but not limited to, employment, cost-
office in the National Capital Region. The Commission shall of-living, labor costs, investments and returns;
be attached to the Department for policy and program
coordination. f) To review plans and programs of the Regional Tripartite
Wages and Productivity Boards to determine whether these
Section 2. Powers and Functions of the Commission. — The are consistent with national development plans;
Commission shall have the following powers and functions:
g) To exercise technical and administrative supervision over
a) To act as the national consultative and advisory body to the Regional Tripartite Wages and Productivity Boards;
the President of the Philippines and Congress on matters
relating to wages, incomes and productivity; h) To call, from time to time, a national tripartite conference
of representatives of government, workers and employers
b) To formulate policies and guidelines on wages, incomes for the consideration of measures to promote wage
and productivity improvement at the enterprise, industry rationalization and productivity; and
and national levels;
i) To exercise such powers and functions as may be necessary
to implement this Act.
Section 3. Composition of the Commission. — The created under the Act in all regions, including autonomous
Commission shall be composed of the Secretary as ex-officio regions as may be established by law, shall hold offices in
Chairman, the Director General of the National Economic and areas where the Regional Offices of the Department are
Development Authority (NEDA) as ex-officio Vice-Chairman located.
and two members each from workers and employers sectors
who shall be appointed by the President for a term of five Section 6. Powers and Functions of the Boards. — The
years upon recommendation of the Secretary. The Boards shall have the following powers and functions:
recommendees shall be selected from the list of nominees
submitted by the workers and employers sectors. The a) To develop plans, programs and projects relative to wages,
Executive Director of the Commission Secretariat shall also incomes and productivity improvements for their respective
be a member of the Commission. regions;

The members of the Commission representing labor and b) To determine and fix minimum wage rates applicable in
management shall have the same rank, emoluments, their region, provinces or industries therein and to issue the
allowances and other benefits as those prescribed by law for corresponding wage orders, subject to guidelines issued by
labor and management representatives in the Employees the Commission;
Compensation Commission.
c) To undertake studies, researches, and surveys necessary
Section 4. Commission Secretariat. — The Commission shall for the attainment of their functions, objectives and
be assisted by a Secretariat to be headed by an Executive programs, and to collect and compile data on wages,
Director and two Deputy Directors, who shall be appointed incomes, productivity and other related information and
by the President upon recommendation of the Secretary. periodically disseminate the same;

The Executive Director shall have the rank of a Department d) To coordinate with the other Boards as may be necessary
Assistant Secretary, while the Deputy Directors that of a to attain the policy and intention of the Labor Code;
Bureau Director shall receive the corresponding salary,
benefits and other emoluments of the positions. e) To receive, process and act on applications for exemption
from prescribed wage rates as may be provided by law or any
Section 5. Regional Tripartite Wages and Productivity Wage Order; and
Boards. — The Regional Wages and Productivity Boards
f) To exercise such other powers and functions as may be Minimum Wage Determination
necessary to carry out their mandate under the Labor Code.
SECTION 1. Regional Minimum Wages. — The minimum
Implementation of the plans, programs and projects of the wage rates for agricultural and non-agricultural workers and
Boards shall be through the respective Regional Offices of the employees in every region shall be those prescribed by the
Department, provided, however, that the Boards shall have Boards which shall in no case be lower than the statutory
technical supervision over the Regional Office of the minimum wage rates. These wage rates may include wages
Department with respect to the implementation of these by industry, province or locality as may be deemed necessary
plans, programs and projects. by the Boards.

Section 7. Composition of the Boards. — Each Board shall be Section 2. Standards/Criteria for Minimum Wage Fixing. —
composed of the Regional Director of the Department as The regional minimum wages to be established by the Boards
Chairman, the Regional Directors of the National Economic shall be as nearly adequate as is economically feasible to
and Development Authority (NEDA) and Department of maintain the minimum standards of living necessary for the
Trade and Industry (DTI) as Vice-Chairmen and two members health, efficiency and general well-being of the workers
each of workers and employers sectors who shall be within the framework of the national, economic, and social
appointed by the President for a term of five years upon the development programs. In the determination of regional
recommendation of the Secretary. The recommendees shall minimum wages, the Boards, shall, among other relevant
be selected from the lists of nominees submitted by the factors, consider the following:
workers and employers sectors.
a) The demand for living wages;
Each Board shall be assisted by a Secretariat.
b) Wage adjustment vis-a-vis the consumer price index;
Section 8. Authority to Organize and Appoint Personnel. —
The Chairman of the Commission shall organize such units c) The cost of living and changes or increases therein;
and appoint the necessary personnel of the Commission and
Board Secretariats, subject to pertinent laws, rules and d) The needs of workers and their families;
regulations.
e) The need to induce industries to invest in the countryside;
CHAPTER III
f) Improvements in standards of living;
g) The prevailing wage levels; Section 6. Effect of Appeal. — The filing of the appeal shall
not suspend the effectivity of the Wage Order unless the
h) Fair return of the capital invested and capacity to pay of person appealing such order files with the Commission an
employers; undertaking with a surety or sureties in such amount as may
be fixed by the Commission.
i) Effects on employment generation and family income; and
Section 7. Wage Distortions. — Where the application of any
j) The equitable distribution of income and wealth along the wage increase resulting from a Wage Order issued by any
imperatives of economic and social development. Board results in distortions in the wage structure within an
establishment, the employer and the union shall negotiate to
Section 3. Wage Order. — Whenever conditions in the correct the distortions using the grievance procedure under
region so warrant, the Board shall investigate and study all the collective bargaining agreement. If it remains unresolved,
pertinent facts; and, based on standards and criteria it shall be decided through voluntary arbitration within ten
prescribed herein, shall determine whether a Wage Order calendar days from the time the dispute was referred for
should be issued. voluntary arbitration, unless otherwise agreed by the parties
in writing.
In the performance of its wage determining functions, the
Board shall conduct public hearings and consultations giving Where there are no collective agreements or recognized
notices to employees' and employers' groups, provincial, city labor unions, the employer and workers shall endeavor to
and municipal officials and other interested parties. correct the wage distortion. Any dispute arising therefrom
shall be settled through the National Conciliation and
Section 4. Effectivity of Wage Order. — Any Wage Order Mediation Board and if it remains unresolved after ten
issued by the Boards shall take effect 15 days after its calendar days of conciliation, it shall be referred to the
complete publication in at least one newspaper of general appropriate branch of the National Labor Relations
circulation in the region. Commission (NLRC). The NLRC shall conduct continuous
hearings and decide the dispute within twenty calendar days
Section 5. Appeal to the Commission. — Any party aggrieved from the time said dispute is submitted for compulsory
by the Wage Order issued by the Board may file an appeal arbitration.
with the Commission within ten calendar days from the
publication of the Order. The Commission shall decide the
appeal within sixty calendar days from the date of filing.
The pendency of a dispute arising from a wage distortion officers, including, but not limited to, the president, vice-
shall not in any way delay the applicability of any wage president, chief executive officer, general manager,
increase prescribed pursuant to the provisions of law or managing director or partner.
Wage Order.
Section 11. Registration/Reporting Requirement. — Any
Section 8. Non-Diminution of Benefits. — Nothing in the Act person, company, corporation, partnership or any other
and in this Rules shall be construed to reduce any existing entity engaged in business shall submit annually a verified
wage rates, allowances and benefits of any form under itemized listing of their labor component to the appropriate
existing laws, decrees, issuances, executive orders and/or Board and the National Statistics Office not later than
under any contract or agreement between the workers and January 31 of each year, starting on January 31, 1990 in
employers. accordance with the form to be prescribed by the
Commission. The listing shall specify the names, salaries and
Section 9. Prohibition Against Injunction. — No preliminary wages of their workers and employees below the managerial
or permanent injunction or temporary restraining order may level including learners, apprentices and
be issued by any court, tribunal or other entity against any disabled/handicapped workers.
proceedings before the Commission or Boards.
CHAPTER IV
Section 10. Penal Provisions. — Any person, corporation,
trust, firm, partnership, association or entity which refuses or Transitory Provisions
fails to pay any of the prescribed increases or adjustments in
the wage rates, made in accordance with the Act shall be SECTION 1. Abolition of the National Wages Council and the
punished by a fine not exceeding P25,000 and/or National Productivity Commission. — The National Wages
imprisonment of not less than one year nor more than two Council created under Executive Order No. 614 and the
years: Provided, that any person convicted under the Act National Productivity Commission created under Executive
shall not be entitled to the benefits provided for under the Order No. 615 are abolished. All properties, records,
Probation Law. equipment, buildings, facilities, and other assets, liabilities
and appropriations of and belonging to the abovementioned
If the violation is committed by a corporation, trust or firm, offices, as well as other matters pending therein, shall be
partnership, association or any other entity, the penalty of transferred to the Commission. All personnel of the above-
imprisonment shall be imposed upon the entity's responsible abolished offices shall continue to function in a hold-over
capacity and shall be preferentially considered for Contingent Fund, and other savings under Republic Act No.
appointments to or placements in the Commission/ Boards. 6688, otherwise known as the General Appropriations Act of
1989, or from any unappropriated funds of the National
Any official or employee separated from the service as a Treasury; Provided that the funding requirements necessary
result of the abolition of offices pursuant to the Act shall be to implement the Act shall be included in the Annual General
entitled to appropriate separation pay of one month salary Appropriations Act for the succeeding years.
for every year of service and/or retirement and other
benefits accruing to them under existing laws. In lieu thereof, Section 4. Repealing Clause. — All laws, orders, issuances,
at the option of the employee, he shall be preferentially rules and regulations or parts thereof inconsistent with the
considered for employment in the government or in any of provisions of the Act and this Rules are hereby repealed,
its subdivisions, instrumentalities, or agencies, including amended or modified accordingly. If any provision or part of
government-owned or controlled corporations and their the Act and this Rules, or the application thereof to any
subsidiaries. person or circumstance shall not be affected thereby.

Section 2. Interim Processing of Applications for Exemption Section 5. Effectivity. — This Rules shall take effect on July 1,
and Submission of Reports. — Pending the 1989.
operationalization of the Commission and Boards, the
National Wages Council shall, in the interim, receive and Done in the City of Manila, Republic of the Philippines this
process applications for exemption subject to guidelines to 7th day of July 1989.
be issued by the Secretary in accordance with Section 11 of
the Act. Approved: June 9, 1989

Reports of establishments on their labor component,


including wages and salaries of their workers prescribed
under the Act, shall be submitted to the National Wages
Council through the Regional Offices of the Department.

Section 3. Funding Requirement. — The funds necessary to


carry out the provisions of the Act shall be taken from the
Compensation and Organizational Adjustment Fund, the