Republic of the Philippines

Congress of the Philippines

Metro Manila
Ninth Congress

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL

PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of
Children Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to
be the policy of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and carry out
a program for prevention and deterrence of and crisis intervention in situations of
child abuse, exploitation and discrimination. The State shall intervene on behalf of
the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the
same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.

Section 3. Definition of Terms.

(a) "Children" refers to person below eighteen (18) years of age or those over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity
or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or lacks or
has inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety
or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination"
refers to the coordinated program of services and facilities to protected children
against:
(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development
of children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive
program to be formulated, by the Department of Justice and the Department of
Social Welfare and Development in coordination with other government agencies
and private sector concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse; child trafficking,
obscene publications and indecent shows; other acts of abuse; and circumstances
which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether
male or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual intercourse
or lascivious conduct, are deemed to be children exploited in prostitution and other
sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That when

the victims is under twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner
of the establishment where the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which engages
in prostitution in addition to the activity for which the license has been issued to
said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to
commit child prostitution under Section 5, paragraph (a) hereof when any person
who, not being a relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other
similar establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated felony
under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under
the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and
dealing with children including, but not limited to, the act of buying and selling of a
child for money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to
commit child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women
or couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony
under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall
hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials shall
suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other acts covered by this section
shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code, as amended, shall suffer
the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or
under or who in ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related

within the fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a fine
of not less than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be
imposed shall be prision mayor in its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a penalty
of prision mayor in its medium period and a fine of not less than Fifty thousand
pesos (P50,000), and the loss of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other
child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and
white slave trade, respectively, shall be one (1) degree higher than that imposed by
law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of
the Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote,

Facilitate, or Conduct Activities Constituting Child Prostitution and Other
Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows,
and Other Acts of Abuse. All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately
closed and their authority or license to operate cancelled, without prejudice to the
owner or manager thereof being prosecuted under this Act and/or the Revised Penal
Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be
less than one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene publications and indecent shows, and
other acts of abuse if the acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which:
promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
children in a lewd or indecent show; provides child masseurs for adults of the same
or opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned acts
shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age
may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal
guardian and where only members of the employer's family are employed: Provided,
however, That his employment neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided, further, That the parent or
legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or
information through cinema, theater, radio or television is essential: Provided, The
employment contract concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department
of Labor and Employment: Provided, That the following requirements in all instances
are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirement.
The Department of Labor Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of
Education, Culture and Sports shall promulgate a course design under its non-formal
education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or
secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or imprisonment of not less than three
(3) months but not more than three (3) years, or both at the discretion of the court;
Provided, That, in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights
guaranteed to children under this Act and other existing laws, children of indigenous
cultural communities shall be entitled to protection, survival and development
consistent with the customs and traditions of their respective communities.

Section 18. System of and Access to Education. The Department of

Education, Culture and Sports shall develop and institute an alternative system of
education for children of indigenous cultural communities which culture-specific and
relevant to the needs of and the existing situation in their communities. The
Department of Education, Culture and Sports shall also accredit and support nonformal but functional indigenous educational programs conducted by nongovernment organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health
and nutrition to children of indigenous cultural communities shall be given priority
by all government agencies concerned. Hospitals and other health institution shall
ensure that children of indigenous cultural communities are given equal attention.
In the provision of health and nutrition services to children of indigenous cultural
communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall
not be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities
shall suffer a penalty of arresto mayor in its maximum period and a fine of not less
than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their dulydesignated or appointed representatives shall be involved in planning, decisionmaking implementation, and evaluation of all government programs affecting
children of indigenous cultural communities. Indigenous institution shall also be
recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as
Zones of Peace. It shall be the responsibility of the State and all other sectors
concerned to resolve armed conflicts in order to promote the goal of children as
zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;

(d) The safety and protection of those who provide services including those involved
in fact-finding missions from both government and non-government institutions
shall be ensured. They shall not be subjected to undue harassment in the
performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be
given priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children
during evacuation operations. Measures shall be taken to ensure that children
evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members
of the same family shall be housed in the same premises and given separate
accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and
children shall be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical exercise, sports
and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed
Conflict. Any child who has been arrested for reasons related to armed conflict,
either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the
custody of the Department of Social Welfare and Development or any responsible
member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child committed the acts charged against him, the court shall
determine the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such child to the custody or care
of the Department of Social Welfare and Development or to any training institution

operated by the Government, or duly-licensed agencies or any other responsible

person, until he has had reached eighteen (18) years of age or, for a shorter period
as the court may deem proper, after considering the reports and recommendations
of the Department of Social Welfare and Development or the agency or responsible
individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of
the Department of Social Welfare and Development or any duly-licensed agency or
such other officer as the court may designate subject to such conditions as it may
prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed
Conflict. The chairman of the barangay affected by the armed conflict shall
submit the names of children residing in said barangay to the municipal social
welfare and development officer within twenty-four (24) hours from the occurrence
of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the
regular performance of this function, the officer of the Department of Social Welfare
and Development shall be free from any administrative, civil or criminal liability.
Custody proceedings shall be in accordance with the provisions of Presidential
Decree No. 603.

Section 29. Confidentiality. At the instance of the offended party, his name
may be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the movie industry, to
cause undue and sensationalized publicity of any case of violation of this Act which
results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act
shall be heard in the chambers of the judge of the Regional Trial Court duly
designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception
of habeas corpus, election cases, and cases involving detention prisoners and
persons covered by Republic Act No. 4908, all courts shall give preference to the
hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if
the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, parent guardian, stepparent or collateral relative within
the second degree of consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has expired or has been
revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service
of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a public officer or employee: Provided, however, That if the penalty
imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual
or temporary absolute disqualification shall also be imposed: Provided, finally, That
if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a

cash fund by the Department of Social Welfare and Development and disbursed for
the rehabilitation of each child victim, or any immediate member of his family if the
latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the
Department of Justice, in coordination with the Department of Social Welfare and
Development, shall promulgate rules and regulations of the effective
implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions
of this Act is hereby authorized to be appropriated in the General Appropriations Act
of the year following its enactment into law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid
or unconstitutional, the remaining provisions not affected thereby shall continue in
full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the
provisions of this Acts are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

REPUBLIC ACT NO. 7658

AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN

PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12,
ARTICLE VIII OF R.A. 7610

Sec. 1. Section 12, Article VIII of R.A. No. 7610 otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act" is
hereby amended to read as follows:
"Sec. 12.
Employment of Children. - Children below fifteen (15) years of age shall
not be employed except:
1)
When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are employed:
Provided, however, That his employment neither endangers his life, safety, health
and morals, nor impairs his normal development; Provided, further, That the parent
or legal guardian shall provide the said minor child with the prescribed primary
and/or secondary education; or
2)
Where a child's employment or participation in public entertainment or
information through cinema, theater, radio or television is essential: Provided, The
employment contract is concluded by the child's parents or legal guardian, with the
express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: and Provided, That the following
requirements in all instances are strictly complied with: cd
(a)
The employer shall ensure the protection, health, safety, morals and normal
development of the child;
(b)
The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
(c)
The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the requirements.

In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the child.
cd i
The Department of Labor and Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section."
ec. 2. All laws, decrees, executive orders, rules and regulations or parts thereof
contrary to, or inconsistent with this Act are hereby modified or repealed
accordingly.
Sec. 3. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers or general circulation
whichever comes earlier.
Approved: November 9, 1993
DEPARTMENT ORDER NO. 18
Rules and Regulations Implementing Republic Act No. 7658
By virtue of the provisions of Section 2 of Republic Act No. 7658, An Act Prohibiting
the Employment of Children Below Fifteen (15) Years of Age in Public and Private
Undertakings, amending Section 12, Article VIII of Republic Act No. 7610, the
following Rules and Regulations governing the employment of children are hereby
issued:
ec. 1. General Prohibition. - Except as otherwise provided in this Rules, children
below 15 years of age shall not be employed, permitted or suffered to work, in any
public or private establishments in the Philippines.
Sec. 2. Definition of terms.
a.
"Employer" - any parent, legal guardian or producer acting as employer who
hires or engages the services of any child below 15 years of age.
b.
"Legal Guardian" - any person duly appointed by a court of competent
authority to exercise care and custody of or parental authority over the person of
such child/employee.
c.
"Producer" - any individual or group of individuals engaged in the production
of movies, films, motion pictures, shows or advertisements, whether on cinema,
theater, radio or television, wherein the services of such child/employee are hired.
d.
"Members of the family" - those persons having family relations referred to
under Article 150 of the Family Code of the Philippines. It shall include the employer

parent's or legal guardian's husband or wife, parents, children, other ascendants or

descendants, brothers and sisters whether of full or half blood.
e.

"Department" - the Department of Labor and Employment.

Sec. 3. Exceptions and conditions. - The following shall be the only exceptions to the
prohibition on the employment of children below 15 years of age and the conditions
for availment of said exceptions:
a.
When the child works directly under the sole responsibility of his/her parents
or legal guardian who employs members of his/her family only, under the following
conditions:
1.

the employment does not endanger the child's life, safety, health and morals;

2.

the employment does not impair the child's normal development.

3.
the employer parent or legal guardian provides the child with the primary
and/or secondary education prescribed by the Department of Education, Culture
and Sports.
b.
Where the child's employment or participation in public entertainment or
information through cinema, theater, radio or television is essential, provided that:
1.
the employment does not involve advertisements or commercials promoting
alcoholic beverages, intoxicating drinks, tobacco and its by-products or exhibiting
violence;
2.
there is a written contract approved by the Department of Labor and
Employment; and
3.

the condition prescribed in Section a above are met.

Sec. 5. Pre-employment requirements. - Before an employer engages a child for

employment under the exceptions enumerated above, he/she met first secure a
work permit from the Regional Office of the Department having jurisdiction over the
workplace.
The Regional Office shall require the employer to submit the following documents in
support of the application for a work permit:
a.
two (2) pictures of the child, one full body and the other showing the child's
face, both of which must be recently taken and recognizable;
b.
the child's Birth Certificate or in its absence, his/her Baptismal Certificate and
a joint affidavit of his/her two nearest kin showing the year he/she was born and a
duly authenticated proof of legal guardianship where the employer is a legal
guardian;

c.
a certificate of enrollment issued by the school where he/she is currently or
last enrolled or a statement from the parent or legal guardian that the child is
attending school;
d.

a written undertaking that:

1.
measures shall be instituted by the employer to prevent the child's
exploitation and discrimination such as payment of minimum age, hours of work
and other terms and conditions required by law; and
2.
the employer shall ensure the protection, health, safety, morals and normal
development of the child;
e.

a medical certificate showing that the child is fit for employment;

f.
a certification of a continuing program for training and skills acquisition
approved and supervised by any competent authority, nearest the place of work,
which may be recognized vocational or training school, the regional or local office of
the Department of Social Welfare and Development and the National Manpower and
Youth Council; and
g.
a written contract of employment concluded by the child's parents or legal
guardian with the employer in cases of employment or participation in public
entertainment or information through cinema, theater, radio or television. Said
contract shall bear the express agreement of the child concerned, if possible, and
shall state the nature or full description of the job and the justification is essential.
Sec. 5. Hours of Work. - Subject to consultations with the sectors concerned, the
Department shall by appropriate regulations, issue standards governing the hours of
work and time of day that children may be allowed to work.
Sec. 6. Effect on other issuances. - The provisions of existing rules and
administrative issuances not otherwise repealed, modified or inconsistent with this
Order shall continue to have full force and effect.
Sec. 7. Penalties. - Any person who shall violate any provision of Article 12 of RA
7658, shall suffer the penalty of a fine of not less than One Thousand Pesos (P1,000)
but not more than Ten Thousand Pesos (P10,000) or imprisonment of not less than
three (3) months but not more than three (3) years, or both at the discretion of the
court: Provided, that in case of repeated violations of the provisions of this Article,
the offender's license to operate shall be revoked.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand
two
Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act
of 2003".

Section 2. Declaration of Policy. It is hereby declared that the State values the
dignity of every human person and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest priority to the enactment of
measures and development of programs that will promote human dignity, protect
the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons,
not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of
women and men as enshrined in the United Nations Universal Declaration on
Human Rights, United Nations Convention on the Rights of the Child, United Nations
Convention on the Protection of Migrant Workers and their Families. United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or knowledge,
within or across national borders by means of threat or use of force, or other forms
of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as "trafficking in persons" even if it
does not involve any of the means set forth in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use
of a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or

coercion, including deprivation of freedom, abuse of authority or moral ascendancy,

debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists. This
includes sexual services and practices offered during rest and recreation periods for
members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the
production of pornographic materials as a result of being subjected to a threat,
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services
or labor or those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value of
the services as reasonably assessed is not applied toward the liquidation of the
debt.
(h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of
a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or
sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which
promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting trafficking
in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating
the acquisition of clearances and necessary exit documents from government
agencies that are mandated to provide pre-departure registration and services for
departing persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal
documents or belongings of trafficked persons in furtherance of trafficking or to

prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude, forced labor, or
slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as
qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial
of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel and medical practitioners, as well as parties to the case, shall recognize
the right to privacy of the trafficked person and the accused. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and
after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information
tending to establish their identities and such circumstances or information shall not
be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be

unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and
director of a film in case of the movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity of any case of trafficking in
persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act, the trafficked person, the parents,
spouse, siblings, children or legal guardian may file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed
where the offense was committed, or where any of its elements occurred, or where
the trafficked person actually resides at the time of the commission of the offense:
Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly permitted or failed to prevent
its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license
to operate of the erring agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of entertainment shall be cancelled

and revoked permanently. The owner, president, partner or manager thereof shall
not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the
issuance of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government
official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall
result in the immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the
services of trafficked persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the
court and a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in
ten (10) years: Provided, however, That trafficking cases committed by a syndicate
or in a large scale as defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked
person is delivered or released from the conditions of bondage and shall be
interrupted by the filing of the complaint or information and shall commence to run
again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from
the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived
from Trafficking in Persons. - In addition to the penalty imposed for the violation of
this Act, the court shall order the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the commission of the

crime, unless they are the property of a third person not liable for the unlawful act;
Provided, however, That all awards for damages shall be taken from the personal
and separate properties of the offender; Provided, further, That if such properties
are insufficient, the balance shall be taken from the confiscated and forfeited
properties.
When the proceeds, properties and instruments of the offense have been destroyed,
diminished in value or otherwise rendered worthless by any act or omission, directly
or indirectly, of the offender, or it has been concealed, removed, converted or
transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of
the proceeds, property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and
properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a
Trust Fund to be administered and managed by the Council to be used exclusively
for programs that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such programs shall
include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a
data collection system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate
government agencies and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus
building amongst the public, the academe, government, NGOs and international
organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall
establish and implement preventive, protective and rehabilitative programs for
trafficked persons. For this purpose, the following agencies are hereby mandated to
implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and
facilities overseas for trafficked persons regardless of their manner of entry to the
receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government
agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the
Machine Readable Passports to protect the integrity of Philippine passports, visas
and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure
counseling program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement
rehabilitative and protective programs for trafficked persons. It shall provide
counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict
implementation and compliance with the rules and guidelines relative to the
employment of persons locally and overseas. It shall likewise monitor, document
and report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of
trafficking and designate and train special prosecutors who shall handle and
prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of
the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation and monitoring of policies addressing
the issue of trafficking in persons in coordination with relevant government
agencies. It shall likewise advocate for the inclusion of the issue of trafficking in
persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and
alien administration laws. It shall adopt measures for the apprehension of suspected
traffickers both at the place of arrival and departure and shall ensure compliance by
the Filipino fiancs/fiances and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to
undertake surveillance, investigation and arrest of individuals or persons suspected
to be engaged in trafficking. It shall closely coordinate with various law enforcement
agencies to secure concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive complaints and calls
to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an
effective pre-employment orientation seminars and pre-departure counseling

programs to applicants for overseas employment. It shall likewise formulate a

system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a
systematic information and prevention campaign and likewise maintain a databank
for the effective monitoring, documentation and prosecution of cases on trafficking
in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking
in persons in their areas of jurisdiction, effect the cancellation of licenses of
establishments which violate the provisions of this Act and ensure effective
prosecution of such cases. They shall also undertake an information campaign
against trafficking in persons through the establishment of the Migrants Advisory
and Information Network (MAIN) desks in municipalities or provinces in coordination
with DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas
(CFO), NGOs and other concerned agencies. They shall encourage and support
community based initiatives which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist the
assistance of NGOs, people's organizations (Pos), civic organizations and other
volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be
recognized as victims of the act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of trafficking enumerated in this Act
or in obedience to the order made by the trafficker in relation thereto. In this regard,
the consent of a trafficked person to the intended exploitation set forth in this Act
shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any
provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the
guidelines issued by the Council, trafficked persons in the Philippines who are
nationals of a foreign country shall also be entitled to appropriate protection,
assistance and services available to trafficked persons under this Act: Provided,
That they shall be permitted continued presence in the Philippines for a length of
time prescribed by the Council as necessary to effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established
an Inter-Agency Council Against Trafficking, to be composed of the Secretary of the
Department of Justice as Chairperson and the Secretary of the Department of Social
Welfare and Development as Co-Chairperson and shall have the following as
members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1)
representative each from among the sectors representing women, overseas Filipino
workers (OFWs) and children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives shall be nominated
by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.
The members of the Council may designate their permanent representatives who
shall have a rank not lower than an assistant secretary or its equivalent to
meetings, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers
and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to
effectively address the issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on
the existence of the law and the various issues and problems attendant to
trafficking through the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their
attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation

with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA),
Commission on Higher Education (CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the
government or from NGOs and other civic organizations such assistance as may be
needed to effectively implement this Act;
(j) Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the "Migrant Workers
and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and
ensure that the proper agencies conduct a continuing research and study on the
patterns and scheme of trafficking in persons which shall form the basis for policy
formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective
response to cases of trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance
among foreign countries through bilateral and/or multilateral arrangements to
prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC),
Department of Trade and Industry (DTI), and other NGOs in monitoring the
promotion of advertisement of trafficking in the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked
persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention
or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the
purposes and objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish
the necessary Secretariat for the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,
rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;

(c) Free legal services which shall include information about the victims' rights and
the procedure for filing complaints, claiming compensation and such other legal
remedies available to them, in a language understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted
and carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category
"Overseas Filipino in Distress" and may avail of the legal assistance created by
Republic Act No. 8042, subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos
as provided for by Republic Act No. 8042 shall also be extended to trafficked
persons regardless of their immigration status in the host country.
(c) The Country Team Approach. - The country team approach under Executive
Order No. 74 of 1993, shall be the operational scheme under which Philippine
embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with
DOLE and other appropriate agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of whether they are documented or
undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to
greater risks, the DFA shall make representation with the host government for the
extension of appropriate residency permits and protection, as may be legally
permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to
include offenses of trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of
the Philippines and to Congress an annual report of the policies, programs and
activities relative to the implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall
immediately include in their programs and issue such rules and regulations to

implement the provisions of this Act, the funding of which shall be included in the
annual General Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate
the necessary implementing rules and regulations within sixty (60) days from the
effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and
the Right to Travel. - Nothing in this Act shall be interpreted as a restriction of the
freedom of speech and of association, religion and the right to travel for purposes
not contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected thereby.
Section 32. 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: Provided, That this Act shall not in any
way amend or repeal the provision of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".
Section 33. 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 of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two
thousand three.
Republic Act No. 9231

December 19, 2003

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF

CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING
CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS
AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act", is hereby amended to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the
policy of the State to provide special protection to children from all forms of abuse,
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to
their development including child labor and its worst forms; provide sanctions for
their commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and discrimination. The
State shall intervene on behalf of the child when the parent, guardian, teacher or
person having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher or person having care and
custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.
"The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to
read as follows:

"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not
be employed except:
"1) When a child works directly under the sole responsibility of his/her parents or
legal guardian and where only members of his/her family are employed: Provided,
however, That his/her employment neither endangers his/her life, safety, health,
and morals, nor impairs his/her normal development: Provided, further, That the
parent or legal guardian shall provide the said child with the prescribed primary
and/or secondary education; or
"2) Where a child's employment or participation in public entertainment or
information through cinema, theater, radio, television or other forms of media is
essential: Provided, That the employment contract is concluded by the child's
parents or legal guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment: Provided,
further, That the following requirements in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
"(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.
"In the above-exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirements.
"For purposes of this Article, the term "child" shall apply to all persons under
eighteen (18) years of age."
Section 3. The same Act, as amended, is hereby further amended by adding new
sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as
follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in
Section 12 of this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more
than twenty (20) hours a week: Provided, That the work shall not be more than four
(4) hours at any given day;

"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to
work for more than eight (8) hours a day, and in no case beyond forty (40) hours a
week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight
o'clock in the evening and six o'clock in the morning of the following day and no
child fifteen (15) years of age but below eighteen (18) shall be allowed to work
between ten o'clock in the evening and six o'clock in the morning of the following
day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. The wages, salaries, earnings and other income of the working child shall belong to
him/her in ownership and shall be set aside primarily for his/her support, education
or skills acquisition and secondarily to the collective needs of the family: Provided,
That not more than twenty percent (20%) of the child's income may be used for the
collective needs of the family.
"The income of the working child and/or the property acquired through the work of
the child shall be administered by both parents. In the absence or incapacity of
either of the parents, the other parent shall administer the same. In case both
parents are absent or incapacitated, the order of preference on parental authority
as provided for under the Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent
or legal guardian of a working child below eighteen (18) years of age shall set up a
trust fund for at least thirty percent (30%) of the earnings of the child whose wages
and salaries from work and other income amount to at least two hundred thousand
pesos (P200,000.00) annually, for which he/she shall render a semi-annual
accounting of the fund to the Department of Labor and Employment, in compliance
with the provisions of this Act. The child shall have full control over the trust fund
upon reaching the age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be
engaged in the worst forms of child labor. The phrase "worst forms of child labor"
shall refer to any of the following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of
2003", or practices similar to slavery such as sale and trafficking of children, debt
bondage and serfdom and forced or compulsory labor, including recruitment of
children for use in armed conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the
production of pornography or for pornographic performances; or

"(3) The use, procuring or offering of a child for illegal or illicit activities, including
the production and trafficking of dangerous drugs and volatile substances prohibited
under existing laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is
hazardous or likely to be harmful to the health, safety or morals of children, such
that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as powerdriven or explosive power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous
feats of balancing, physical strength or contortion, or which requires the manual
transport of heavy loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous
working conditions, elements, substances, co-agents or processes involving
ionizing, radiation, fire, flammable substances, noxious components and the like, or
to extreme temperatures, noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses,
protozoans, nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic
products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall
be deprived of formal or non-formal education. In all cases of employment allowed
in this Act, the employer shall provide a working child with access to at least
primary and secondary education.
"b) To ensure and guarantee the access of the working child to education and
training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and
implement relevant and effective course designs and educational programs; (2)
conduct the necessary training for the implementation of the appropriate curriculum
for the purpose; (3) ensure the availability of the needed educational facilities and

materials; and (4) conduct continuing research and development program for the
necessary and relevant alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education
program aimed at promoting the intellectual, moral and vocational efficiency of
working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most
effective under given circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No
child shall be employed as a model in any advertisement directly or indirectly
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts,
gambling or any form of violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions "a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as
amended, shall be penalized by imprisonment of six (6) months and one (1) day to
six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than Three hundred thousand pesos (P300,000.00) or both at the discretion of
the court.
"b) Any person who violates the provision of Section 12-D of this act or the
employer of the subcontractor who employs, or the one who facilitates the
employment of a child in hazardous work, shall suffer the penalty of a fine of not
less than One hundred thousand pesos (P100,000.00) but not more than One million
pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one
(1) day to twenty (20) years, or both such fine and imprisonment at the discretion of
the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and
penalized in accordance with the penalty provided for by R. A. 9208 otherwise
known as the "Anti-trafficking in Persons Act of 2003": Provided, That Such penalty
shall be imposed in its maximum period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in
accordance with R.A. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002"; Provided, That such penalty shall be imposed in its maximum
period.
"e) If a corporation commits any of the violations aforecited, the board of
directors/trustees and officers, which include the president, treasurer and secretary

of the said corporation who participated in or knowingly allowed the violation, shall
be penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating
Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten
thousand pesos (P10,000.00) but not more than One hundred thousand pesos
(P100,000.00), or be required to render community service for not less than thirty
(30) days but not more than one (1) year, or both such fine and community service
at the discretion of the court: Provided, That the maximum length of community
service shall be imposed on parents or legal guardians who have violated the
provisions of this Act three (3) times; Provided, further, That in addition to the
community service, the penalty of imprisonment of thirty (30) days but not more
than one (1) year or both at the discretion of the court, shall be imposed on the
parents or legal guardians who have violated the provisions of this Act more than
three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized
representative may, after due notice and hearing, order the closure of any business
firm or establishment found to have violated any of the provisions of this Act more
than three (3) times. He/she shall likewise order the immediate closure of such firm
or establishment if:
"(1) The violation of any provision of this Act has resulted in the death, insanity or
serious physical injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in
obscene or lewd shows.
"h) In case of such closure, the employer shall be required to pay the employee(s)
the separation pay and other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new section to be
denominated as Section 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall
be treated as a Trust Fund, administered by the Department of Labor and
Employment and disbursed exclusively for the needs, including the costs of
rehabilitation and reintegration into the mainstream of society of the working
children who are victims of the violations of this Act, and for the programs and
projects that will prevent acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts
committed against children as enumerated herein may be filed by the following:
"(a) Offended party;

"(b) Parents or guardians;

"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is
residing or employed; or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to
Section 16 to be denominated as Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all
cases involving offenses punishable under this Act: Provided, That in cities or
provinces where there are no family courts yet, the regional trial courts and the
municipal trial courts shall have concurrent jurisdiction depending on the penalties
prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be terminated
within a period of thirty (30) days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the
corresponding information shall be filed in court within forty eight (48) hours from
the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety
(90) days from the date of filing of information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the
case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a
separate civil action for the recovery of civil damages, he/she shall be exempt from
payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The
working child shall have the right to free legal, medical and psycho-social services
to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and
Employment, in coordination with the Committees on Labor and Employment of
both Houses of Congress, shall issue the necessary Implementing Rules and
Regulations (IRR) to effectively implement the provisions of this Act, in consultation
with concerned public and private sectors, within sixty (60) days from the effectivity
of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national
newspapers of general circulation.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the validity of the remaining provisions hereof shall remain in full
force and effect.
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of
its complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Republic Act No. 8291

Print this Page
May 30, 1997
REPUBLIC ACT NO. 8291

AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146, AS AMENDED,

EXPANDING AND INCREASING THE COVERAGE AND BENEFITS OF THE
GOVERNMENT SERVICE INSURANCE SYSTEM, INSTITUTING REFORMS
THEREIN AND FOR OTHER PURPOSES
SECTION 1. Presidential Decree No. 1146, as amended, otherwise known as the
"Revised Government Service Insurance Act of 1977", is hereby further amended to
read as follows:
"SECTION 1. Title. The short title of this Act shall be: 'The Government Service
Insurance System Act of 1997.'
"A. DEFINITIONS
"SECTION 2. Definition of Terms. Unless the context otherwise indicates, the
following terms shall mean:
"(a) GSIS The Government Service Insurance System created by Commonwealth
Act No. 186;
"(b) Board The Board of Trustees of the Government Service Insurance System;
"(c) Employer The national government, its political subdivisions, branches,
agencies or instrumentalities, including government-owned or controlled
corporations, and financial institutions with original charters, the constitutional
commissions and the judiciary;
"(d) Employee or Member Any person, receiving compensation while in the
service of an employer as defined herein, whether by election or appointment,
irrespective of status of appointment, including barangay and sanggunian officials;
"(e) Active Member A member who is not separated from the service;
"(f) Dependents Dependents shall be the following: (a) the legitimate spouse
dependent for support upon the member or pensioner; (b) the legitimate,
legitimated, legally adopted child, including the illegitimate child, who is unmarried,
not gainfully employed, not over the age of majority, or is over the age of majority
but incapacitated and incapable of self-support due to a mental or physical defect
acquired prior to age of majority; and (c) the parents dependent upon the member
for support;
"(g) Primary beneficiaries The legal dependent spouse until he/she
remarries and the dependent children;
"(h) Secondary beneficiaries The dependent parents and, subject to the
restrictions on dependent children, the legitimate descendants;

"(i) Compensation The basic pay or salary received by an employee, pursuant to

his election/appointment, excluding per diems, bonuses, overtime pay, honoraria,
allowances and any other emoluments received in addition to the basic pay which
are not integrated into the basic pay under existing laws;
"(j) Contribution The amount payable to the GSIS by the member and the
employer in accordance with Section 5 of this Act;
"(k) Current Daily Compensation The actual daily compensation or the actual
monthly compensation divided by the number of working days in the month of
contingency but not to exceed twenty-two (22) days;
"(l) Average Monthly Compensation (AMC) The quotient arrived at after dividing
the aggregate compensation received by the member during his last thirty-six (36)
months of service preceding his separation/retirement/disability/death by thirty-six
(36), or by the number of months he received such compensation if he has less than
thirty-six (36) months of service: Provided, That the average monthly compensation
shall in no case exceed the amount and rate as may be respectively set by the
Board under the rules and regulations implementing this Act as determined by the
actuary of the GSIS: Provided, further, That initially the average monthly
compensation shall not exceed Ten thousand pesos (P10,000.00), and premium
shall be nine percent (9%) and twelve percent (12%) for employee and employer
covering the AMC limit and below; and two percent (2%) and twelve percent (12%)
for employee and employer covering the compensation above the AMC limit;
"(m) Revalued average monthly compensation An amount equal to one hundred
seventy percent (170%) of the first One thousand pesos (P1,000) of the average
monthly compensation plus one hundred percent (100%) of the average monthly
compensation in excess of One thousand pesos (P1,000);
"(n) Lump sum The basic monthly pension multiplied by sixty (60);
"(o) Pensioner Any person receiving old-age or permanent total disability pension
or any person who has received the lump sum excluding one receiving survivorship
pension benefits as defined in Section 20 of this Act;
"(p) Gainful Occupation Any productive activity that provided the member with
income at least equal to the minimum compensation of government employees;
"(q) Disability Any loss or impairment of the normal functions of the physical
and/or mental faculty of a member which reduces or eliminates his/her capacity to
continue with his/her current gainful occupation or engage in any other gainful
occupation;
"(r) Total Disability Complete incapacity to continue with his present employment
or engage in any gainful occupation due to the loss or impairment of the normal
functions of the physical and/or mental faculties of the member;

"(s) Permanent Total Disability Accrues or arises when recovery from the
impairment mentioned in Section 2(Q) is medically remote;
"(t) Temporary Total Disability Accrues or arises when the impaired physical
and/or mental faculties can be rehabilitated and/or restored to their normal
functions;
"(u) Permanent Partial Disability Accrues or arises upon the irrevocable loss or
impairment of certain portion/s of the physical faculties, despite which the member
is able to pursue a gainful occupation.
"B. MEMBERSHIP IN THE GSIS
"SECTION 3. Compulsory Membership. Membership in the GSIS shall be
compulsory for all employees receiving compensation who have not reached the
compulsory retirement age, irrespective of employment status, except members of
the Armed Forces of the Philippines and the Philippine National Police, subject to the
condition that they must settle first their financial obligation with the GSIS, and
contractuals who have no employer and employee relationship with the agencies
they serve.
"Except for the members of the judiciary and constitutional commissions who shall
have life insurance only, all members of the GSIS shall have life insurance,
retirement, and all other social security protection such as disability, survivorship,
separation, and unemployment benefits.
"SECTION 4. Effect of Separation from the Service. A member separated from the
service shall continue to be a member, and shall be entitled to whatever benefits he
has qualified to in the event of any contingency compensable under this Act.
"C. SOURCES OF FUNDS
"SECTION 5. Contributions. (a) It shall be mandatory for the member and the
employer to pay the monthly contributions specified in the following schedule:
"Monthly Compensation Percentage of Monthly
Compensation Payable by
Member Employer
I. Maximum Average
Monthly Compensation
(AMC) Limit and Below 9.0% 12.0%
II. Over the Maximum AMC Limit

III.
Up to the Maximum AMC Limit 9.0% 12.0%
In Excess of the AMC Limit 2.0% 12.0%
"Members of the judiciary and constitutional commissioners shall pay three percent
(3%) of their monthly compensation as personal share, and their employers a
corresponding three percent (3%) share for their life insurance coverage.
"(b) The employer shall include in its annual appropriation the necessary amounts
for its share of the contributions indicated above, plus any additional premiums that
may be required on account of the hazards or risks of its employees' occupation.
"(c) It shall be mandatory and compulsory for all employers to include the payment
of contributions in their annual appropriations. Penal sanctions shall be imposed
upon employers who fail to include the payment of contributions in their annual
appropriations or otherwise fail to remit the accurate/exact amount of contributions
on time, or delay the remittance of premium contributions to the GSIS. The heads of
offices and agencies shall be administratively liable for non-remittance or delayed
remittance of premium contributions to the GSIS.
"SECTION 6. Collection and Remittance of Contributions. (a) The employer shall
report to the GSIS the names of all its employees, their corresponding employment
status, positions, salaries and such other pertinent information, including
subsequent changes therein, if any, as may be required by the GSIS; the employer
shall deduct each month from the monthly salary or compensation of each
employee the contribution payable by him in accordance with the schedule
prescribed in the rules and regulations implementing this Act.
"(b) Each employer shall remit directly to the GSIS the employees' and employers'
contributions within the first ten (10) days of the calendar month following the
month to which the contributions apply. The remittance by the employer of the
contributions to the GSIS shall take priority over and above the payment of any and
all obligations, except salaries and wages of its employees.
"SECTION 7. Interests on Delayed Remittances. Agencies which delay the
remittance of any and all monies due the GSIS shall be charged interests as may be
prescribed by the Board but not less than two percent (2%) simple interest per
month. Such interest shall be paid by the employers concerned.
"SECTION 8. Government Guarantee. The government of the Republic of the
Philippines hereby guarantees the fulfillment of the obligations of the GSIS to its
members as and when they fall due.
"D. BENEFITS

"SECTION 9. Computation of the Basic Monthly Pension. (a) the basic monthly
pension is equal to:
"1) thirty-seven and one-half percent (37.5%) of the revalued average monthly
compensation; plus
"2) two and one-half percent (2.5%) of said revalued average monthly
compensation for each year of service in excess of fifteen (15) years: Provided, That
the basic monthly pension shall not exceed ninety percent (90%) of the average
monthly compensation.
"(b) The basic monthly pension may be adjusted upon the recommendation of the
President and General Manager of the GSIS and approved by the President of the
Philippines in accordance with the rules and regulations prescribed by the GSIS:
Provided, however, That the basic monthly pension shall not be less than One
thousand and three hundred pesos (P1,300.00): Provided, further, That the basic
monthly pension for those who have rendered at least twenty (20) years of service
after the effectivity of this Act shall not be less than Two thousand four hundred
pesos (P2,400.00) a month.
"SECTION 10. Computation of Service. (a) The computation of service for the
purpose of determining the amount of benefits payable under this Act shall be from
the date of original appointment/election, including periods of service at different
times under one or more employers, those performed overseas under the authority
of the Republic of the Philippines, and those that may be prescribed by the GSIS in
coordination with the Civil Service Commission.
"(b) All service credited for retirement, resignation or separation for which
corresponding benefits have been awarded under this Act or other laws shall be
excluded in the computation of service in case of reinstatement in the service of an
employer and subsequent retirement or separation which is compensable under this
Act.
"For the purpose of this section the term service shall include full time service with
compensation: Provided, That part time and other services with compensation may
be included under such rules and regulations as may be prescribed by the GSIS.
"SEPARATION BENEFITS
"SECTION 11. Separation Benefits. The separation benefit shall consist of: (a) a
cash payment equivalent to one hundred percent (100%) of his average monthly
compensation for each year of service he paid contributions, but not less than
Twelve thousand pesos (P12,000) payable upon reaching sixty (60) years of age or
upon separation, whichever comes later: Provided, That the member resigns or
separates from the service after he has rendered at least three (3) years of service
but less than fifteen (15) years; or

"(b) A cash payment equivalent to eighteen (18) times his basic monthly pension
payable at the time of resignation or separation, plus an old-age pension benefit
equal to the basic monthly pension payable monthly for life upon reaching the age
of sixty (60): Provided, That the member resigns or separates from the service after
he has rendered at least fifteen (15) years of service and is below sixty (60) years of
age at the time of resignation or separation.
"SECTION 12. Unemployment or Involuntary Separation Benefits. Unemployment
benefits in the form of monthly cash payments equivalent to fifty percent (50%) of
the average monthly compensation shall be paid to a permanent employee who is
involuntarily separated from the service due to the abolition of his office or position
usually resulting from reorganization: Provided, That he has been paying integrated
contributions for at least one (1) year prior to separation. Unemployment benefits
shall be paid in accordance with the following schedule:
"Contributions Made Benefit Duration
1 year but less than 3 years 2 months
3 or more years but less than 6 years 3 months
6 or more years but less than 9 years 4 months
9 or more years but less than 11 years 5 months
11 or more years but less than 15 years 6 months
"The first payment shall be equivalent to two (2) monthly benefits. A seven-day (7)
waiting period shall be imposed on succeeding monthly payments.
"All accumulated unemployment benefits paid to the employee during his entire
membership with the GSIS shall be deducted from voluntary separation benefits.
"The GSIS shall prescribe the detailed guidelines in the operationalization of this
section in the rules and regulations implementing this Act.
"RETIREMENT BENEFITS
"SECTION 13. Retirement Benefits. (a) Retirement benefit shall be:
"(1) the lump sum payment as defined in this Act payable at the time of retirement
plus an old-age pension benefit equal to the basic monthly pension payable monthly
for life, starting upon expiration of the five-year (5) guaranteed period covered by
the lump sum; or
"(2) cash payment equivalent to eighteen (18) months of his basic monthly pension
plus monthly pension for life payable immediately with no five-year (5) guarantee.

"(b) Unless the service is extended by appropriate authorities, retirement shall be

compulsory for an employee at sixty-five (65) years of age with at least fifteen (15)
years of service: Provided, That if he has less than fifteen (15) years of service, he
may be allowed to continue in the service in accordance with existing civil service
rules and regulations.
"SECTION 13-A. Conditions for Entitlement. A member who retires from the
service shall be entitled to the retirement benefits in paragraph (a) of Section 13
hereof: Provided, That:
(1) he has rendered at least fifteen (15) years of service;
(2) he is at least sixty (60) years of age at the time of retirement; and
(3) he is not receiving a monthly pension benefit from permanent total disability.
"SECTION 14. Periodic Pension Adjustment. The monthly pension of all pensioners
including all those receiving survivorship pension benefits shall be periodically
adjusted as may be recommended by the GSIS' actuary and approved by the Board
in accordance with the rules and regulations prescribed by the GSIS.
"PERMANENT DISABILITY BENEFITS
"SECTION 15. General Conditions for Entitlement. A member who suffers
permanent disability for reasons not due to his grave misconduct, notorious
negligence, habitual intoxication, or willful intention to kill himself or another, shall
be entitled to the benefits provided for under Sections 16 and 17 immediately
following, subject to the corresponding conditions therefor.
"SECTION 16. Permanent Total Disability Benefits. (a) If the permanent disability
is total, he shall receive a monthly income benefit for life equal to the basic monthly
pension effective from the date of disability: Provided, That:
(1) he is in the service at the time of disability; or
(2) if separated from the service, he has paid at least thirty-six (36) monthly
contributions within the five (5) year period immediately preceding his disability, or
has paid a total of at least one hundred eighty (180) monthly contributions, prior to
his disability: Provided, further, That if at the time of disability, he was in the service
and has paid a total of at least one hundred eighty (180) monthly contributions, in
addition to the monthly income benefit, he shall receive a cash payment equivalent
to eighteen (18) times his basic monthly pension: Provided, finally, That a member
cannot enjoy the monthly income benefit for permanent disability and the old-age
retirement simultaneously.
"(b) If a member who suffers permanent total disability does not satisfy conditions
(1) and (2) in paragraph (a) of this section but has rendered at least three (3) years

service at the time of his disability, he shall be advanced the cash payment
equivalent to one hundred percent (100%) of his average monthly compensation for
each year of service he paid contributions, but not less than Twelve Thousand pesos
(P12,000) which should have been his separation benefit.
"(c) Unless the member has reached the minimum retirement age, disability benefit
shall be suspended when:
"(1) he is reemployed or
"(2) he recovers from disability as determined by the GSIS, whose decision shall be
final and binding; or
"(3) he fails to present himself for medical examination when required by the GSIS.
"(d) The following disabilities shall be deemed total and permanent:
"(1) complete loss of sight of both eyes;
"(2) loss of two (2) limbs at or above the ankle or wrist;
"(3) permanent complete paralysis of two(2) limbs;
"(4) brain injury resulting in incurable imbecility or insanity; and
"(5) such other cases as may be determined by the GSIS.
"SECTION 17. Permanent Partial Disability Benefits. (a) If the disability is partial,
he shall receive a cash payment in accordance with a schedule of disabilities to be
prescribed by the GSIS: Provided, That he satisfies either conditions (1) or (2) of
Section 16(a);
"(b) The following disabilities shall be deemed permanent and partial:
"(1) complete and permanent loss of the use of:
(i) any finger
(ii) any toe
(iii) one arm
(iv) one hand
(v) one foot
(vi) one leg
(vii) one or both ears

(viii) hearing of one or both ears

(ix) sight of one eye
"(2) such other cases as may be determined by the GSIS.
"TEMPORARY DISABILITY BENEFITS
"SECTION 18. Temporary Total Disability Benefit. (a) A member who suffers
temporary total disability for reasons not due to any of the conditions enumerated
in Section 15 hereof shall be entitled to seventy-five percent (75%) of his current
daily compensation for each day or fraction thereof of temporary disability benefit
not exceeding one hundred twenty (120) days in one calendar year after exhausting
all his sick leave credits and collective bargaining agreement sick leave benefits, if
any, but not earlier than the fourth day of his temporary total disability: Provided,
That:
"(1) he is in the service at the time of his disability; or
"(2) if separated, he has rendered at least three (3) years of service and has paid at
least six (6) monthly contributions in the twelve-month period immediately
preceding his disability.
Provided, however, That a member cannot enjoy the temporary total disability
benefit and sick leave pay simultaneously: Provided, further, That if the disability
requires more extensive treatment that lasts beyond one hundred twenty (120)
days, the payment of the temporary total disability benefit may be extended by the
GSIS but not to exceed a total of two hundred forty (240) days.
"(b) The temporary total disability benefit shall in no case be less than Seventy
pesos (P70.00) a day.
"(c) The notices required of the member and the employer, the mode of payment,
and the other requirements for entitlement to temporary total disability benefits
shall be provided in the rules and regulations to be prescribed by the GSIS.
"SECTION 19. Non-scheduled Disability. For injuries or illnesses resulting in a
disability not listed in the schedule of partial/total disability, as provided herein, the
GSIS shall determine the nature of the disability and the corresponding benefits
therefor.
"SURVIVORSHIP BENEFITS
"SECTION 20. Survivorship Benefits. When a member or pensioner dies, the
beneficiaries shall be entitled to survivorship benefits provided in Sections 21 and
22 hereunder subject to the conditions therein provided for. The survivorship
pension shall consist of:

(1) the basic survivorship pension which is fifty percent (50%) of the basic monthly
pension; and
(2) the dependent children's pension not exceeding fifty percent (50%) of the basic
monthly pension.
(3)
"SECTION 21. Death of a Member. (a) Upon the death of a member, the primary
beneficiaries shall be entitled to:
(1) survivorship pension: Provided, That the deceased:
(i) was in the service at the time of his death; or
(ii) if separated from the service, has at least three (3) years of service at the time
of his death and has paid thirty-six (36) monthly contributions within the five-year
period immediately preceding his death; or has paid a total of at least one hundred
eighty (180) monthly contributions prior to his death; or
(2) the survivorship pension plus a cash payment equivalent to one hundred percent
(100%) of his average monthly compensation for every year of service: Provided,
That the deceased was in the service at the time of his death with at least three (3)
years of service; or
(3) a cash payment equivalent to one hundred percent (100%) of his average
monthly compensation for each year of service he paid contributions, but not less
than Twelve thousand pesos (P12,000.00): Provided, That the deceased has
rendered at least three (3) years of service prior to his death but does not qualify for
the benefits under the item (1) or (2) of this paragraph.
(b) The survivorship pension shall be paid as follows:
(1) when the dependent spouse is the only survivor, he/she shall receive the basic
survivorship pension for life or until he/she remarries;
(2) when only dependent children are the survivors, they shall be entitled to the
basic survivorship pension for as long as they are qualified, plus the dependent
children's pension equivalent to ten percent (10%) of the basic monthly pension for
every dependent child not exceeding five (5), counted from the youngest and
without substitution;
(3) when the survivors are the dependent spouse and the dependent children, the
dependent spouse shall receive the basic survivorship pension for life or until he/she
remarries, and the dependent children shall receive the dependent children's
pension mentioned in the immediately preceding paragraph (2) hereof.

(c) In the absence of primary beneficiaries, the secondary beneficiaries shall be

entitled to:
(1) the cash payment equivalent to one hundred percent (100%) of his average
monthly compensation for each year of service he paid contributions, but not less
than Twelve thousand pesos (P12,000): Provided, That the member is in the service
at the time of his death and has at least three (3) years of service; or
(2) in the absence of secondary beneficiaries, the benefits under this paragraph
shall be paid to his legal heirs.
(d) For purposes of the survivorship benefits, legitimate children shall include legally
adopted and legitimate children.
"SECTION 22. Death of a Pensioner. Upon the death of an old-age pensioner or a
member receiving the monthly income benefit for permanent disability, the
qualified beneficiaries shall be entitled to the survivorship pension defined in
Section 20 of this Act, subject to the provisions of paragraph (b) of Section 21
hereof. When the pensioner dies within the period covered by the lump sum, the
survivorship pension shall be paid only after the expiration of the said period.
"FUNERAL BENEFITS
"SECTION 23. Funeral Benefit. The amount of funeral benefit shall be determined
and specified by the GSIS in the rules and regulations but shall not be less than
Twelve thousand pesos (P12,000.00): Provided, That it shall be increased to at least
Eighteen thousand pesos (P18,000.00) after five (5) years and shall be paid upon
the death of:
(a) an active member as defined under Section 2(e) of this Act; or
(b) a member who has been separated from the service, but who may be entitled to
future benefit pursuant to Section 4 of this Act; or
(c) a pensioner, as defined in Section 2(o) of this Act; or
(d) a retiree who at the time of his retirement was of pensionable age under this Act
but who opted to retire under Republic Act No. 1616.
"LIFE INSURANCE BENEFITS
"SECTION 24. Compulsory Life Insurance. All employees except for Members of
the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP)
shall, under such terms and conditions as may be promulgated by the GSIS, be
compulsorily covered with life insurance, which shall automatically take effect as
follows:

(1) for those employed after the effectivity of this Act, their insurance shall take
effect on the date of their employment;
(2) for those whose insurance will mature after the effectivity of this Act, their
insurance shall be deemed renewed on the day following the maturity or expiry
date of their insurance;
(3) for those without any life insurance as of the effectivity of this Act, their
insurance shall take effect following said effectivity.
"SECTION 25. Dividends. An annual dividend may be granted to all members of
the GSIS whose life insurance is in force for at least one (1) year in accordance with
a dividend allocation formula to be determined by the GSIS.
"SECTION 26. Optional Insurance. Subject to the rules and regulations prescribed
by the GSIS, a member may apply for insurance and/or pre-need coverage
embracing life, health, hospitalization, education, memorial plans, and such other
plans as may be designed by the GSIS, for himself and/or his dependents. Any
employer may likewise apply for group insurance coverage for its employees. The
payment of the premiums/installments for optional insurance and pre-need products
may be made by the insured or his employer and/or any person acceptable to the
GSIS.
"SECTION 27. Reinsurance. The GSIS may reinsure any of its interests or part
thereof with any private company or reinsurer whether domestic or foreign:
Provided, That the GSIS shall submit an annual report on its reinsurance operations
to the Insurance Commission.
"E. ADJUDICATION OF CLAIMS AND DISPUTES
"SECTION 28. Prescription. Claims for benefits under this Act except for life and
retirement shall prescribe after four (4) years from the date of contingency.
"SECTION 29. Facility of Payment. The GSIS shall prescribe rules and regulations
to facilitate payment of benefit, proceeds, and claims under this Act and any other
laws administered by the GSIS. Payments made by the GSIS prior to its receipt of an
adverse claim, to a beneficiary or claimant subsequently found not entitled thereto,
shall not bar the legal and eligible recipient to his right to demand the payment of
benefits, proceeds, and claims from the GSIS, who shall, however, have a right to
institute the appropriate action in a court of law against the ineligible recipient.
"SECTION 30. Settlement of Disputes. The GSIS shall have original and exclusive
jurisdiction to settle any dispute arising under this Act and any other laws
administered by the GSIS.
The Board may designate any member of the Board, or official of the GSIS who is a
lawyer, to act as hearing officer to receive evidence, make findings of fact and

submit recommendations thereon. The hearing officer shall submit his findings and
recommendations, together with all the documentary and testimonial evidence to
the Board within thirty (30) working days from the time the parties have closed their
respective evidence and filed their last pleading. The Board shall decide the case
within thirty (30) days from the receipt of the hearing officer's findings and
recommendations. The cases heard directly by the Board shall be decided within
thirty (30) working days from the time they are submitted by the parties for
decision.
"SECTION 31. Appeals. Appeals from any decision or award of the Board shall be
governed by Rules 43 and 45 of the 1997 Rules of Civil Procedure adopted by the
Supreme Court on April 8, 1997 which will take effect on July 1, 1997: Provided, That
pending cases and those filed prior to July 1, 1997 shall be governed by the
applicable rules of procedure: Provided, further, That the appeal shall take
precedence over all other cases except criminal cases when the penalty of life
imprisonment or death or reclusion perpetua is imposable.
The appeal shall not stay the execution of the order or award unless ordered by the
Board, by the Court of Appeals or by the Supreme Court and the appeal shall be
without prejudice to the special civil action of certiorari when proper.
"SECTION 32. Execution of Decision. When no appeal is perfected and there is no
order to stay by the Board, by the Court of Appeals or by the Supreme Court, any
decision or award of the Board shall be enforced and executed in the same manner
as decisions of the Regional Trial Court. For this purpose, the Board shall have the
power to issue to the city or provincial sheriff or its appointed sheriff such writs of
execution as may be necessary for the enforcement of such decision or award, and
any person who shall fail or refuse to comply with such decision, award, writ or
process after being required to do so, shall, upon application by the GSIS, be
punished for contempt.
"SECTION 33. Oaths, Witnesses, and Production of Records. When authorized by
the Board, an official or employee of the GSIS shall have the power to administer
oath and affirmation, take depositions, certify to official acts, and issue subpoena ad
testificandum and subpoena duces tecum to compel the attendance of witnesses
and the production of books, papers, correspondences, and other records deemed
necessary as evidence in connection with any question arising under this Act. Any
case of contumacy shall be dealt with in accordance with the provisions of Section
580 of the Revised Administrative Code.
"F. FUNDS OF THE GSIS
"SECTION 34. Funds. All contributions payable under Section 5 of this Act
together with the earnings and accruals thereon shall constitute the GSIS Social
Insurance Fund. The said Fund shall be used to finance the benefits administered by
the GSIS under this Act. In addition, the GSIS shall administer the optional insurance

fund for the insurance coverage described in Section 26 hereof, the employees'
Compensation Insurance Fund created under P.D. 626, as amended, the General
Insurance Fund created under Act No. 656, as amended, and such other special
funds existing or that may be created for special groups or persons rendering
services to the government. The GSIS shall maintain the required reserves to
guarantee the fulfillment of its obligations under this Act.
"The funds of the GSIS shall not be used for purposes other than what are provided
for under this Act. Moreover, no portion of the funds of the GSIS or income thereof
shall accrue to the General Fund of the national government and its political
subdivisions, instrumentalities and other agencies including government-owned and
controlled corporations except as may be allowed under this Act.
"SECTION 35. Deposits and Disbursements. All revenues collected and all
accruals thereto shall be deposited, administered and disbursed in accordance with
the law. A maximum expense loading of twelve percent (12%) of the yearly
revenues from all sources may be disbursed for administrative and operational
expenses except as may be otherwise approved by the President of the Philippines
on the basis of actuarial and management studies.
"SECTION 36. Investment of Funds. The funds of the GSIS which are not needed
to meet the current obligations may be invested under such terms and conditions
and rules and regulations as may be prescribed by the Board: Provided, That
investments shall satisfy the requirements of liquidity, safety/security and yield in
order to ensure the actuarial solvency of the funds of the GSIS: Provided, further,
That the GSIS shall submit an annual report on all investments made to both Houses
of Congress of the Philippines, to wit:
(a) in interest-bearing bonds or securities or other evidence of indebtedness of the
Government of the Philippines;
(b) In interest-bearing deposits or securities in any domestic bank doing business in
the Philippines: Provided, That in the case of such deposits, these shall not exceed
at any time the unimpaired capital and surplus or total private deposits of the
depository bank, whichever is smaller: Provided, further, That said bank has prior
designation as a depository for the purpose by the Monetary Board of the Central
Monetary Authority;
(c) in direct housing loans to members and group housing projects secured by first
mortgage, giving priority to the low income groups and in short-and-medium-term
loans to members such as salary, policy, educational, emergency, stock purchase
plan and other similar loans: Provided, That no less than forty percent (40%) of the
investable fund of the GSIS Social Insurance Fund shall be invested for these
purposes;

(d) in bonds, securities, promissory notes or other evidence of indebtedness of

educational or medical institutions to finance the construction, improvement and
maintenance of schools and hospitals;
(e) in real estate property including shares of stocks involving real estate property
and investments secured by first mortgages on real estate or other collaterals
acceptable to the GSIS: Provided, That such investments shall, in the determination
of the Board, redound to the benefit of the GSIS, its members, as well as the general
public;
(f) In debt instruments and other securities traded in the secondary markets;
(g) In loans to, or in bonds, debentures, promissory notes or other evidence of
indebtedness of any solvent corporation created or existing under the laws of the
Philippines;
(h) In common and preferred stocks of any solvent corporation or financial
institution created or existing under the laws of the Philippines listed in the stock
exchange with proven track record or profitability over the last three (3) years and
payment of dividends at least once over the same period;
(i) In domestic mutual funds including investments related to the operations of
mutual funds; and
(j) In foreign mutual funds and in foreign currency deposits or foreign currencydenominated debts, non-speculative equities and other financial instruments or
other assets issued in accordance with existing laws of the countries where such
financial instruments are issued: Provided, That these instruments or assets are
listed in bourses of the respective countries where these instruments or assets are
issued: Provided, further, That the issuing company has proven track record of
profitability over the last three (3) years and payment of dividends at least once
over the same period.
"SECTION 37. Records and Reports. The GSIS shall keep and cause to keep such
records as may be necessary for the purpose of making actuarial studies,
calculations and valuations of the funds of the GSIS including such data needed in
the computation of rates of disability, mortality, morbidity, separation and
retirement among the members and any other information useful for the
adjustment of the benefits of the members. The GSIS shall maintain appropriate
books of accounts to record its assets, liabilities, income, expenses, receipts and
disbursements of funds and other financial transactions and operations.
"SECTION 38. Examination and Valuation of the Funds. The GSIS shall make a
periodic actuarial examination and valuation of its funds in accordance with
accepted actuarial principles.

"SECTION 39. Exemption from Tax, Legal Process and Lien. It is hereby declared
to be the policy of the State that the actuarial solvency of the funds of the GSIS
shall be preserved and maintained at all times and that contribution rates necessary
to sustain the benefits under this Act shall be kept as low as possible in order not to
burden the members of the GSIS and their employers. Taxes imposed on the GSIS
tend to impair the actuarial solvency of its funds and increase the contribution rate
necessary to sustain the benefits of this Act. Accordingly, notwithstanding any laws
to the contrary, the GSIS, its assets, revenues including all accruals thereto, and
benefits paid, shall be exempt from all taxes, assessments, fees, charges or duties
of all kinds. These exemptions shall continue unless expressly and specifically
revoked and any assessment against the GSIS as of the approval of this Act are
hereby considered paid. Consequently, all laws, ordinances, regulations, issuances,
opinions or jurisprudence contrary to or in derogation of this provision are hereby
deemed repealed, superseded and rendered ineffective and without legal force and
effect.
"Moreover, these exemptions shall not be affected by subsequent laws to the
contrary unless this section is expressly, specifically and categorically revoked or
repealed by law and a provision is enacted to substitute or replace the exemption
referred to herein as an essential factor to maintain or protect the solvency of the
fund, notwithstanding and independently of the guaranty of the national
government to secure such solvency or liability.
"The funds and/or the properties referred to herein as well as the benefits, sums or
monies corresponding to the benefits under this Act shall be exempt from
attachment, garnishment, execution, levy or other processes issued by the courts,
quasi-judicial agencies or administrative bodies including Commission on Audit
(COA) disallowances and from all financial obligations of the members, including his
pecuniary accountability arising from or caused or occasioned by his exercise or
performance of his official functions or duties, or incurred relative to or in
connection with his position or work except when his monetary liability, contractual
or otherwise, is in favor of the GSIS.
"G. ADMINISTRATION
"SECTION 40. Implementing Body. The Government Service Insurance System as
created under Commonwealth Act No. 186 shall implement the provisions of this
Act.
"SECTION 41. Powers and Functions of the GSIS. The GSIS shall exercise the
following powers and functions:
(a) to formulate, adopt, amend and/or rescind such rules and regulations as may be
necessary to carry out the provisions and purposes of this Act, as well as the
effective exercise of the powers and functions, and the discharge of duties and
responsibilities of the GSIS, its officers and employees;

(b) to adopt or approve the annual and supplemental budget of receipts and
expenditures including salaries and allowances of the GSIS personnel; to authorize
such capital and operating expenditures and disbursements of the GSIS as may be
necessary and proper for the effective management and operation of the GSIS;
(c) to invest the funds of the GSIS, directly or indirectly, in accordance with the
provisions of this Act;
(d) to acquire, utilize or dispose of, in any manner recognized by law, real or
personal property in the Philippines or elsewhere necessary to carry out the
purposes of this Act;
(e) to conduct continuing actuarial and statistical studies and valuations to
determine the financial condition of the GSIS and taking into consideration such
studies and valuations and the limitations herein provided, re-adjust the benefits,
contributions, premium rates, interest rates or the allocation or re-allocation of the
funds to the contingencies covered;
(f) to have the power of succession;
(g) to sue and be sued;
(h) to enter into, make, perform and carry out contracts of every kind and
description with any person, firm or association or corporation, domestic or foreign;
(i) to carry on any other lawful business whatsoever in pursuance of, or in
connection with the provisions of this Act;
(j) to have one or more offices in and outside of the Philippines, and to conduct its
business and exercise its powers throughout and in any part of the Republic of the
Philippines and/or in any or all foreign countries, states and territories: Provided,
That the GSIS shall maintain a branch office in every province where there exists a
minimum of fifteen thousand (15,000) membership;
(k) to borrow funds from any source, private or government, foreign or domestic,
only as an incident in the securitization of housing mortgages of the GSIS and on
account of its receivables from any government or private entity;
(l) to invest, own or otherwise participate in equity in any establishment, firm or
entity;
(m) to approve appointments in the GSIS except appointments to positions which
are policy determining, primarily confidential or highly technical in nature according
to the Civil Service rules and regulations: Provided, That all positions in the GSIS
shall be governed by a compensation and position classification system and
qualifications standards approved by the GSIS Board of Trustees based on a
comprehensive job analysis and audit of actual duties and responsibilities: Provided,

further, That the compensation plan shall be comparable with the prevailing
compensation plans in the private sector and shall be subject to the periodic review
by the Board no more than once every four (4) years without prejudice to yearly
merit reviews or increases based on productivity and profitability;
(n) to design and adopt an Early Retirement Incentive Plan (ERIP) and/or financial
assistance for the purpose of retirement for its own personnel;
(o) to fix and periodically review and adjust the rates of interest and other terms
and conditions for loans and credits extended to members or other persons,
whether natural or juridical;
(p) to enter into agreement with the Social Security System or any other entity,
enterprise, corporation or partnership for the benefit of members transferring from
one system to another subject to the provision of Republic Act No. 7699, otherwise
known as the Portability Law;
(q) to be able to float proper instrument to liquefy long-term maturity by pooling
funds for short-term secondary market;
(r) to submit annually, not later than June 30, a public report to the President of the
Philippines and the Congress of the Philippines regarding its activities in the
administration and enforcement of this Act during the preceding year including
information and recommendations on broad policies for the development and
perfection of the programs of the GSIS;
(s) to maintain a provident fund, which consists of contributions made by both the
GSIS and its officials and employees and their earnings, for the payment of benefits
to such officials and employees or their heirs under such terms and conditions as it
may prescribe;
(t) to approve and adopt guidelines affecting investments, insurance coverage of
government properties, settlement of claims, disposition of acquired assets,
privatization or expansion of subsidiaries, development of housing projects,
increased benefit and loan packages to members, and the enforcement of the
provisions of this Act;
(u) any provision of law to the contrary notwithstanding, to authorize the payment
of extra remuneration to the officials and employees directly involved in the
collection and/or remittance of contributions, loan repayments, and other monies
due to the GSIS at such rates and under such conditions as it may adopt. Provided,
That the best interest of the GSIS shall be observed thereby;
(v) to determine, fix and impose interest upon unpaid premiums due from
employers and employees;

(w) to ensure the collection or recovery of all indebtedness, liabilities and/or

accountabilities, including unpaid premiums or contributions in favor of the GSIS
arising from any cause or source whatsoever, due from all obligors, whether public
or private. The Board shall demand payment or settlement of the obligations
referred to herein within thirty (30) days from the date the obligation becomes due,
and in the event of failure or refusal of the obligor or debtor to comply with the
demand, to initiate or institute the necessary or proper actions or suits, criminal,
civil or administrative or otherwise, before the courts, tribunals, commissions,
boards, or bodies of proper jurisdiction within thirty (30) days reckoned from the
expiry date of the period fixed in the demand within which to pay or settle the
account;
(x) to design and implement programs that will promote and mobilize savings and
provide additional resources for social security expansion and at the same time
afford individual members appropriate returns on their savings/investments. The
programs shall be so designed as to spur socio-economic take-off and maintain
continued growth; and
(y) to exercise such powers and perform such other acts as may be necessary,
useful, incidental or auxiliary to carry out the provisions of this Act, or to attain the
purposes and objectives of this Act.
"SECTION 42. The Board of Trustees; Its Composition; Tenure and Compensation.
The corporate powers and functions of the GSIS shall be vested in and exercised by
the Board of Trustees composed of the President and General Manager of the GSIS
and eight (8) other members to be appointed by the President of the Philippines,
one (1) of whom shall be either the President of the Philippine Public School
Teachers Association (PPSTA) or the President of the Philippine Association of School
Superintendents (PASS), another two (2) shall represent the leading organizations or
associations of government employees/retirees, another four (4) from the banking,
finance, investment, and insurance sectors, and one (1) recognized member of the
legal profession who at the time of appointment is also a member of the GSIS. The
Trustees shall elect from among themselves a Chairman while the President and
General Manager of the GSIS shall automatically be the vice-chairman.
The Trustees, except the President and General Manager who shall cease as trustee
upon his separation, shall hold office for six (6) years without reappointment, or
until their successors are duly appointed and qualified. Vacancy, other than through
the expiration of the term, shall be filled for the unexpired term only. The members
of the Board shall be entitled to a per diem of Two thousand five hundred pesos
(P2,500) for each board meeting actually attended by them, but not to exceed Ten
thousand pesos (P10,000) a month and reasonable transportation and
representation allowances as may be fixed by the Board.

"SECTION 43. Powers and Functions of the Board of Trustees. The Board of
Trustees shall have the following powers and functions:
"(a) to formulate the policies, guidelines and programs to effectively carry out the
purposes of this Act;
"(b) to promulgate such rules and regulations as may be necessary or proper for the
effective exercise of the powers and functions as well as the discharge of the duties
and responsibilities of the GSIS, its officers and employees;
"(c) upon the recommendation of the President and General Manager, to approve
the annual and supplemental budget of receipts and expenditures of the GSIS, and
to authorize such operating and capital expenditures and disbursements of the GSIS
as may be necessary or proper for the effective management, operation and
administration of the GSIS;
"(d) upon the recommendation of the President and General Manager, to approve
the GSIS' organizational and administrative structures and staffing pattern, and to
establish, fix, review, revise and adjust the appropriate compensation package for
the officers and employees of the GSIS with reasonable allowances, incentives,
bonuses, privileges and other benefits as may be necessary or proper for the
effective management, operation and administration of the GSIS, which shall be
exempt from Republic Act No. 6758, otherwise known as the Salary Standardization
Law and Republic Act No. 7430, otherwise known as the Attrition Law;
"(e) to fix and periodically review and adjust the rates of interest and other terms
and conditions for loans and credits extended to its members or other persons,
whether natural or juridical;
"(f) the provision of any law to the contrary notwithstanding, to compromise or
release, in whole or in part, any claim or settle liability to the GSIS, regardless of the
amount involved, under such terms and conditions as it may impose for the best
interest of the GSIS;
"(g) to approve and adopt guidelines affecting investments, insurance coverage of
government properties, settlement of claims, disposition of acquired assets,
development of housing projects, increased benefit and loan packages to members,
and the enforcement of the provisions of this Act;
"(h) to determine, fix and impose interest upon unpaid or unremitted premiums
and/or contributions; and
"(i) to do and perform any and all acts necessary, proper or incidental to the
attainment of the purposes and objectives of this Act.
"SECTION 44. Appointment, Qualifications, and Compensation of the President and
General Manager and of Other Personnel. The President and General Manager of

the GSIS shall be its Chief Executive Officer and shall be appointed by the President
of the Philippines. He shall be a person with management and investments
expertise necessary for the effective performance of his duties and functions under
this Act.
"The GSIS President and General Manager shall be assisted by one or more
executive vice-presidents, senior vice-presidents, vice-presidents and managers in
addition to the usual supervisory and rank and file positions who shall be appointed
and removed by the President and General Manager with the approval of the Board,
in accordance with the existing Civil Service rules and regulations.
"SECTION 45. Powers and Duties of the President and General Manager. The
President and General Manager of the GSIS shall among others, execute and
administer the policies and resolutions approved by the board and direct and
supervise the administration and operations of the GSIS. The President and General
Manager, subject to the approval of the Board, shall appoint the personnel of the
GSIS, remove, suspend or otherwise discipline them for cause, in accordance with
existing Civil Service rules and regulations, and prescribe their duties and
qualifications to the end that only competent persons may be employed.
"SECTION 46. Auditor. (a) The Chairman of the Commission on Audit shall be the
ex officio auditor of the GSIS. For this purpose, he may appoint a representative who
shall be the Auditor of the GSIS, and the necessary personnel to assist said
representative in the performance of his duties.
"(b) The Chairman of the Commission on Audit or his authorized representative,
shall submit to the Board soon after the close of each calendar year, an audited
statement showing the financial condition and progress of the GSIS for the calendar
year just ended.
"SECTION 47. Legal Counsel. The Government Corporate Counsel shall be the
legal adviser and consultant of the GSIS, but the GSIS may assign to the Office of
the Government Corporate Counsel (OGCC) cases for legal action or trial, issues for
legal opinions, preparation and review of contracts/agreements and others, as the
GSIS may decide or determine from time to time: Provided, however, That the
present legal services group in the GSIS shall serve as its in-house legal counsel.
"The GSIS may, subject to approval by the proper court, deputize any personnel of
the legal service group to act as special sheriff in the enforcement of writs and
processes issued by the court, quasi-judicial agencies or administrative bodies in
cases involving the GSIS.
"SECTION 48. Powers of the Insurance Commission. The Insurance Commissioner
or his authorized representatives shall make an examination of the financial
condition and methods of transacting business of the GSIS at least once every three
(3) years and the report of said examination shall be submitted to the Board of

Trustees and copies thereof be furnished the Office of the President of the
Philippines and the two Houses of the Congress of the Philippines within five (5)
days after the close of examination: Provided, however, That for each examination
the GSIS shall pay the office of the Insurance Commissioner an amount equal to the
actual expenses incurred by the said office in the conduct of the examination,
including the salaries of the examiners and of the actuary of such examination for
the actual time spent.
"H. GENERAL PROVISIONS
"SECTION 49. Dispensation of Social Insurance Benefits. (a) The GSIS shall pay
the retirement benefits to the employee on his last day of service in the
government: Provided, That all requirements are submitted to the GSIS within a
reasonable period prior to the effective date of the retirement;
"(b) The GSIS shall discontinue the processing and adjudication of retirement claims
under R.A. No. 1616 except refund of retirement premium and R.A. No. 910. Instead,
all agencies concerned shall process and pay the gratuities of their employees. The
Board shall adopt the proper rules and procedures for the implementation of this
provision.
"SECTION 50. Development and disposition of Acquired Assets. The GSIS shall
have the right to develop and dispose of its acquired assets obtained in the ordinary
course of its business. To add value to, improve profitability on, and/or enhance the
marketability of an acquired asset, the GSIS may further develop/renovate the same
either with its own capital or through a joint venture arrangement with private
companies or individuals.
"The GSIS may sell its acquired assets in accordance with existing Commission on
Audit (COA) rules and regulations for an amount not lower than the current market
value of the property. For this purpose, the GSIS shall conduct an annual appraisal
of its property or acquired assets to determine its current market value. All notices
of sale shall be published in newspapers of general circulation.
"No injunction or restraining order issued by any court, commission, tribunal or
office shall bar, impede or delay the sale and disposition by the GSIS of its acquired
assets except on questions of ownership and national or public interest.
"SECTION 51. Government Assistance to the GSIS. The GSIS may call upon any
employer for such assistance as may be necessary in the discharge of its duties and
functions.
"L. PENAL PROVISIONS
"SECTION 52. Penalty. (a) Any person found to have participated directly or
indirectly in the commission of fraud, collusion, falsification, or misrepresentation in

any transaction with the GSIS whether for him or for some other persons, shall
suffer the penalties provided for in Article 172 of the Revised Penal Code.
"(b) Whoever shall obtain or receive any money or check invoking any provision of
this Act or any agreement thereunder, without being entitled thereto with the intent
to defraud any member, any employer, the GSIS, or any third party, shall be
punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than
Twenty thousand pesos (P20,000.00) or by imprisonment of not less than six (6)
years and one (1) day to twelve (12) years, or both, at the discretion of the court.
"(c) Whoever fails or refuses to comply with the provisions of this Act or with the
rules and regulations adopted by the GSIS shall be punished by a fine of not less
than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos
(P20,000.00), or by imprisonment of not less than six (6) years and one (1) day to
twelve (12) years, or both, at the discretion of the court.
"(d) The treasurer, finance officer, cashier, disbursing officer, budget officer or other
official or employee who fails to include in the annual budget the amount
corresponding to the employer and employee contributions, or who fails or refuses
or delays by more than thirty (30) days from the time such amount becomes due
and demandable, or to deduct the monthly contributions of the employee shall,
upon conviction by final judgment, suffer the penalties of imprisonment from six (6)
months and one (1) day to six (6) years, and a fine of not less than Three thousand
pesos (P3,000.00) but not more than Six thousand pesos (P6,000.00), and in
addition shall suffer absolute perpetual disqualification from holding public office
and from practicing any profession or calling licensed by the government.
"(e) Any employee or member who receives or keeps fund or property belonging,
payable or deliverable to the GSIS and appropriates the same, or takes or
misappropriates or uses the same to any purpose other than that authorized by this
Act, or permits another person to take, misappropriate or use said fund or property
by expressly consenting thereto, or through abandonment or negligence, or is
otherwise guilty of the misappropriation of said fund or property, in whole or in part,
shall suffer the penalties provided in Article 217 of the Revised Penal Code, and in
addition shall suffer absolute perpetual disqualification from holding public office
and from practicing any profession or calling licensed by the government.
"(f) Any employee, who after deducting the monthly contribution or loan
amortization from a member's compensation, fails to remit the same to the GSIS
within thirty (30) days from the date they should have been remitted under Section
6(a) shall be presumed to have misappropriated such contribution or loan
amortization and shall suffer the penalties provided in Article 315 of the Revised
Penal Code, and in addition shall suffer absolute perpetual disqualification from
holding public office and from practicing any profession or calling licensed by the
government.

"(g) The heads of the offices of the national government, its political subdivisions,
branches, agencies and instrumentalities, including government-owned or
controlled corporations and government financial institutions, and the personnel of
such offices who are involved in the collection of premium contributions, loan
amortization and other accounts due the GSIS who shall fail, refuse or delay the
payment, turnover, remittance or delivery of such accounts to the GSIS within thirty
(30) days from the time that the same shall have been due and demandable shall,
upon conviction by final judgment, suffer the penalties of imprisonment of not less
than one (1) year nor more than five (5) years and a fine of not less than Ten
thousand pesos (P10,000.00) nor more than Twenty thousand pesos (P20,000.00),
and in addition shall suffer absolute perpetual disqualification from holding public
office and from practicing any profession or calling licensed by the government.
"(h) The officers and/or personnel referred to in paragraph (g) of this section shall
be liable not only criminally but also civilly to the GSIS or to the employee or
member concerned in the form of damages, including surcharges and interests.
"(i) For the charges or complaints referred to in paragraph (g) of this Section, the
liabilities therein set forth shall be construed as waiver of the State of its immunity
from suit, hence, the above-mentioned officials and/or personnel may not invoke
the defense of non-suability of the State.
"(j) Failure of the Members of the GSIS Board, including the chairman and the vicechairman, to comply with the provisions of paragraph (w) of Section 41 hereof, shall
subject them to imprisonment of not less than six (6) months nor more than one (1)
year or a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten
thousand pesos (P10,000.00) without prejudice to any civil or administrative liability
which may also arise therefrom.
"Criminal actions arising from violations of the provisions of this Act may be
commenced by the GSIS or by the aggrieved member, either under this Act or, in
appropriate cases, under the Revised Penal Code.
"SECTION 53. Implementing Rules and Regulations. The implementing rules and
regulations to carry out the provisions of this Act shall be adopted and promulgated
by the GSIS not later than ninety (90) days after the approval of this Act.
"SECTION 54. Non-impairment of Benefits, Powers, Jurisdiction, Rights, Privileges,
Functions and Activities. Nothing in this Act shall be construed to repeal, amend
or limit any provision of existing laws. Presidential Decrees and Letters of
Instructions, not otherwise specifically inconsistent with the provisions of this Act.
"SECTION 55. Exclusiveness of Benefits. Whenever other laws provide similar
benefits for the same contingencies covered by this Act, the member who qualifies
to the benefits shall have the option to choose which benefits will be paid to him.

However, if the benefits provided by the law chosen are less than the benefits
provided under this Act, the GSIS shall pay only the difference.
"SECTION 56. Appropriations. The amount necessary to carry out the provisions
of this Act shall be included in the respective budgets of the agencies in the national
government obligation program of the year following its enactment into law and
thereafter."
SECTION 2. Separability Clause. Should any provision of this Act or any part
thereof be declared invalid, the other provisions, so far as they are separable from
the invalid ones, shall remain in force and effect.
SECTION 3. Repealing Clause. All laws and any other law or parts of law
specifically inconsistent herewith are hereby repealed or modified accordingly:
Provided, That the rights under existing laws, rules and regulations vested upon or
acquired by an employee who is already in the service as of the effectivity of this
Act shall remain in force and effect: Provided, further, That subsequent to the
effectivity of this Act, a new employee or an employee who has previously retired or
separated and is reemployed in the service shall be covered by the provisions of
this Act.
SECTION 4. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Paternity Leave Benefits

Paternity leave is a form of parental leave. The other form of parental leave is the
Maternity Leave. (See Maternity Leave)
Paternity leave refers to the benefits granted to a married male employee in the
private and public sectors allowing him to take a leave for 7 days, with full pay, for
the first 4 deliveries of his legitimate spouse with whom he is cohabiting.
Conditions for Entitlement to Paternity Leave
1. The employee is lawfully married;
2. He is cohabiting with his legitimate wife;
3. His wife is pregnant or has delivered a child or suffered a miscarriage or
abortion;
4. Must be of the first four deliveries;
5. The employer is notified within reasonable time of the pregnancy and of date
of expected delivery (not required in case of abortion or miscarriage).
When Paternity Leave may be Availed of
The paternity benefit may be availed of before, during or after delivery, provided
the total number of days does not exceed 7 working days. For example, the

employee may take a leave of 2 days before delivery, 1 day during delivery, and
another 4 days after delivery.
However, the benefit must be availed of not later than 60 days after date of
delivery.
Limitation
The benefit may be availed of only for the first four deliveries.
Commutability to Cash
Paternity leave is not commutable to cash if not availed of.
Reference
1. Paternity Leave Act of 1996, Republic Act No. 8187.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve.
[REPUBLIC ACT NO. 10361]
AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the Domestic Workers Act or
Batas Kasambahay.

SEC. 2. Declaration of Policies. It is hereby declared that:

(a) The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor, elimination of all forms of
forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in
general, and establishes labor standards for domestic workers in particular, towards
decent employment and income, enhanced coverage of social protection, respect
for human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against
abuse, harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs to
ensure safe and healthful working conditions, promotes gender-sensitive measures
in the formulation and implementation of policies and programs affecting the local
domestic work.
SEC. 3. Coverage. This Act applies to all domestic workers employed and working
within the country.
SEC. 4. Definition of Terms. As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as
security or payment for a debt where the length and nature of service is not clearly
defined or when the value of the service is not reasonably applied in the payment of
the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer
of the domestic worker from place of origin to the place of work covering the cost of
transportation. Advances or loans by the domestic worker are not included in the
definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or Kasambahay refers to any person engaged in domestic
work within an employment relationship such as, but not limited to, the following:
general househelp, nursemaid or yaya, cook, gardener, or laundry person, but
shall exclude any person who performs domestic work only occasionally or
sporadically and not on an occupational basis.

The term shall not include children who are under foster family arrangement, and
are provided access to education and given an allowance incidental to education,
i.e. baon, transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a
domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants of
the house that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment and
placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are
fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. The employer or any member of the household
shall not subject a domestic worker or kasambahay to any kind of abuse nor inflict
any form of physical violence or harassment or any act tending to degrade the
dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. The employer shall provide for
the basic necessities of the domestic worker to include at least three (3) adequate
meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker
in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. Respect for the privacy of the domestic worker shall
be guaranteed at all times and shall extend to all forms of communication and
personal effects. This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. The employer shall grant the domestic
worker access to outside communication during free time: Provided, That in case of
emergency, access to communication shall be granted even during work time.
Should the domestic worker make use of the employers telephone or other
communication facilities, the costs shall be borne by the domestic worker, unless
such charges are waived by the employer.

SEC. 9. Right to Education and Training. The employer shall afford the domestic
worker the opportunity to finish basic education and may allow access to alternative
learning systems and, as far as practicable, higher education or technical and
vocational training. The employer shall adjust the work schedule of the domestic
worker to allow such access to education or training without hampering the services
required by the employer.
SEC. 10. Prohibition Against Privileged Information. All communication and
information pertaining to the employer or members of the household shall be
treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information shall be
inadmissible in evidence except when the suit involves the employer or any
member of the household in a crime against persons, property, personal liberty and
security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract. An employment contract shall be executed by and
between the domestic worker and the employer before the commencement of the
service in a language or dialect understood by both the domestic worker and the
employer. The domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model
employment contract for domestic workers which shall, at all times, be made

available free of charge to domestic workers, employers, representative

organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model
employment contract.
In cases where the employment of the domestic worker is facilitated through a
private employment agency, the PEA shall keep a copy of all employment contracts
of domestic workers and shall be made available for verification and inspection by
the DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the execution of the employment
contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health
officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document
showing the age of the domestic worker such as voters identification card,
baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as
the case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of whether the domestic
worker was hired through a private employment agency or a third party, no share in
the recruitment or finders fees shall be charged against the domestic worker by the
said private employment agency or third party.
SEC. 14. Deposits for Loss or Damage. It shall be unlawful for the employer or any
other person to require a domestic worker to make deposits from which deductions
shall be made for the reimbursement of loss or damage to tools, materials, furniture
and equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be unlawful for the employer or any
person acting on behalf of the employer to place the domestic worker under debt
bondage.
SEC. 16. Employment Age of Domestic Workers. It shall be unlawful to employ any
person below fifteen (15) years of age as a domestic worker. Employment of
working children, as defined under this Act, shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and

Section 13 of Republic Act No. 7610, as amended, otherwise known as the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
Working children shall be entitled to minimum wage, and all benefits provided under
this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher
and shall be prohibited from hiring a working child.
SEC. 17. Employers Reportorial Duties. The employers shall register all domestic
workers under their employment in the Registry of Domestic Workers in the
barangay where the employers residence is located. The Department of the Interior
and Local Government (DILG) shall, in coordination with the DOLE, formulate a
registration system for this purpose.
SEC. 18. Skills Training, Assessment and Certification. To ensure productivity and
assure quality services, the DOLE, through the Technical Education and Skills
Development Authority (TESDA), shall facilitate access of domestic workers to
efficient training, assessment and certification based on a duly promulgated training
regulation.
ARTICLE IV
EMPLOYMENT TERMS AND CONDITIONS
SEC. 19. Health and Safety. The employer shall safeguard the health and safety of
the domestic worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
SEC. 20. Daily Rest Period. The domestic worker shall be entitled to an aggregate
daily rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. The domestic worker shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the
domestic worker shall agree in writing on the schedule of the weekly rest day of the
domestic worker: Provided, That the employer shall respect the preference of the
domestic worker as to the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive the domestic worker and
the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.

SEC. 22. Assignment to Nonhousehold Work. No domestic worker shall be assigned

to work in a commercial, industrial or agricultural enterprise at a wage rate lower
than that provided for agricultural or nonagricultural workers. In such cases, the
domestic worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. The domestic worker and the employer may mutually
agree for the former to temporarily perform a task that is outside the latters
household for the benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne by
the original employer. In addition, such work performed outside the household shall
entitle the domestic worker to an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall be unlawful for the original
employer to charge any amount from the said household where the service of the
domestic worker was temporarily performed.
SEC 24. Minimum Wage. The minimum wage of domestic workers shall not be less
than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the
National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities
and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in
other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. Payment of wages shall be made on time directly to
the domestic worker to whom they are due in cash at least once a month. The
employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is mandated by law. No
employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SEC. 26. Pay Slip. The employer shall at all times provide the domestic worker with
a copy of the pay slip containing the amount paid in cash every pay day, and
indicating all deductions made, if any. The copies of the pay slip shall be kept by the
employer for a period of three (3) years.

SEC. 27. Prohibition on Interference in the Disposal of Wages. It shall be unlawful

for the employer to interfere with the freedom of any domestic worker to dispose of
the latters wages. The employer shall not force, compel or oblige the domestic
worker to purchase merchandise, commodities or other properties from the
employer or from any other person, or otherwise make use of any store or services
of such employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If the
domestic worker leaves without any justifiable reason, any unpaid salary for a
period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer
shall not induce the domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means whatsoever.
SEC. 29. Leave Benefits. A domestic worker who has rendered at least one (1) year
of service shall be entitled to an annual service incentive leave of five (5) days with
pay: Provided, That any unused portion of said annual leave shall not be cumulative
or carried over to the succeeding years. Unused leaves shall not be convertible to
cash.
SEC. 30. Social and Other Benefits. A domestic worker who has rendered at least
one (1) month of service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home Development
Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with
the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However,
if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and
above per month, the domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city
social welfare officer or a social welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination with the concerned barangay
officials. The DSWD and the DILG shall develop a standard operating procedure for
the rescue and rehabilitation of abused domestic workers, and in coordination with
the DOLE, for possible subsequent job placement.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. Neither the domestic worker nor the employer
may terminate the contract before the expiration of the term except for grounds

provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the compensation already earned plus
the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not exceeding the
equivalent fifteen (15) days work shall be forfeited. In addition, the employer may
recover from the domestic worker costs incurred related to the deployment
expenses, if any: Provided, That the service has been terminated within six (6)
months from the domestic workers employment.
If the duration of the domestic service is not determined either in stipulation or by
the nature of the service, the employer or the domestic worker may give notice to
end the working relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
SEC. 33. Termination Initiated by the Domestic Worker. The domestic worker may
terminate the employment relationship at any time before the expiration of the
contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by the
employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the employer
or any member of the household;
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.
SEC. 34. Termination Initiated by the Employer. An employer may terminate the
services of the domestic worker at any time before the expiration of the contract,
for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order of
the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;

(c) Fraud or willful breach of the trust reposed by the employer on the domestic
worker;
(d) Commission of a crime or offense by the domestic worker against the person of
the employer or any immediate member of the employers family;
(e) Violation by the domestic worker of the terms and conditions of the employment
contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days from
request a certificate of employment indicating the nature, duration of the service
and work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment Agencies (PEAs). The DOLE shall,
through a system of licensing and regulation, ensure the protection of domestic
workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, on qualifications of the PEAs with regard to
nationality, networth, owners and officers, office space and other requirements, as
well as nontransferability of license and commission of prohibited practices, shall
apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or
placement fees;
(b) Ensure that the employment agreement between the domestic worker and the
employer stipulates the terms and conditions of employment and all the benefits
prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the
employer about their rights and responsibilities in accordance with this Act;

(d) Keep copies of employment contracts and agreements pertaining to recruited

domestic workers which shall be made available during inspections or whenever
required by the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against their
employers; and
(f) Cooperate with government agencies in rescue operations involving abused or
exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes. All labor-related disputes shall be
elevated to the DOLE Regional Office having jurisdiction over the workplace without
prejudice to the filing of a civil or criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and mediation efforts before a decision
shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts.
ARTICLE VIII
SPECIAL PROVISIONS
SEC. 38. Information Program. The DOLE shall, in coordination with the DILG, the
SSS, the PhilHealth and Pag-IBIG develop and implement a continuous information
dissemination program on the provisions of this Act, both at the national and local
level, immediately after the enactment of this law.
SEC. 39. Araw Ng Mga Kasambahay. The date upon which the President shall
approve this Domestic Workers Act shall be designated as the Araw ng mga
Kasambahay.
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
SEC. 40. Penalty. Any violation of the provisions of this Act declared unlawful shall
be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not
more than Forty thousand pesos (P40,000.00) without prejudice to the filing of
appropriate civil or criminal action by the aggrieved party.
SEC. 41. Transitory Provision; Non-Diminution of Benefits. All existing
arrangements between a domestic worker and the employer shall be adjusted to
conform to the minimum standards set by this Act within a period of sixty (60) days

after the effectivity of this Act: Provided, That adjustments pertaining to wages shall
take effect immediately after the determination and issuance of the appropriate
wage order by the RTWPBs: Provided, further, That nothing in this Act shall be
construed to cause the diminution or substitution of any benefits and privileges
currently enjoyed by the domestic worker hired directly or through an agency.
SEC. 42. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of
Social Welfare and Development, the Secretary of the Interior and Local
Government, and the Director General of the Philippine National Police, in
coordination with other concerned government agencies and accredited
nongovernment organizations (NGOs) assisting domestic workers, shall promulgate
the necessary rules and regulations for the effective implementation of this Act.
ARTICLE X
FINAL PROVISIONS
SEC. 43. Separability Clause. If any provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in
full force and effect.
SEC. 44. Repealing Clause. All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by
Republic Act No. 10151 are hereby expressly repealed. All laws, decrees, executive
orders, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two
thousand ten.
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY
REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER
FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Article 130 of the Labor Code is hereby repealed.

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

SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of
Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential
Decree No. 442, to read as follows:
Chapter V
Employment of Night Workers
Art. 154. Coverage. This chapter shall apply to all persons, who shall be
employed or permitted or suffered to work at night, except those employed in
agriculture, stock raising, fishing, maritime transport and inland navigation, during a
period of not less than seven (7) consecutive hours, including the interval from
midnight to five oclock in the morning, to be determined by the Secretary of Labor
and Employment, after consulting the workers representatives/labor organizations
and employers.
Night worker means any employed person whose work requires performance of a
substantial number of hours of night work which exceeds a specified limit. This limit
shall be fixed by the Secretary of Labor after consulting the workers
representatives/labor organizations and employers.
Art. 155. Health Assessment, At their request, workers shall have the right to
undergo a health assessment without charge and to receive advice on how to
reduce or avoid health problems associated with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
(c) If they experience health problems during such an assignment which are not
caused by factors other than the performance of night work.
With the exception of a finding of unfitness for night work, the findings of such
assessments shall not be transmitted to others without the workers consent and
shall not be used to their detriment.
Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available
for workers performing night work, including arrangements where such workers,
where necessary, can be taken immediately to a place for appropriate treatment.
The employers are likewise required to provide safe and healthful working
conditions and adequate or reasonable facilities such as sleeping or resting quarters
in the establishment and transportation from the work premises to the nearest point
of their residence subject to exceptions and guidelines to be provided by the DOLE.

Art. 157. Transfer. Night workers who are certified as unfit for night work, due to
health reasons, shall be transferred, whenever practicable, to a similar job for which
they are fit to work.
If such transfer to a similar job is not practicable, these workers shall be granted
the same benefits as other workers who are unable to work, or to secure
employment during such period.
A night worker certified as temporarily unfit for night work shall be given the same
protection against dismissal or notice of dismissal as other workers who are
prevented from working for reasons of health.
Art. 158. Women Night Workers. Measures shall be taken to ensure that an
alternative to night work is available to women workers who would otherwise be
called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which
shall be divided between the time before and after childbirth;
(b) For additional periods, in respect of which a medical certificate is produced
stating that said additional periods are necessary for the health of the mother or
child:
(1) During pregnancy;
(2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE after
consulting the labor organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of dismissal, except for
just or authorised causes provided for in this Code that are not connected with
pregnancy, childbirth and childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her status, seniority, and
access to promotion which may attach to her regular night work position.
Pregnant women and nursing mothers may he allowed to work at night only if a
competent physician, other than the company physician, shall certify their fitness to
render night work, and specify, in the ease of pregnant employees, the period of the
pregnancy that they can safely work.
The measures referred to in this article may include transfer to day work where this
is possible, the provision of social security benefits or an extension of maternity
leave.

The provisions of this article shall not have the effect of reducing the protection
and benefits connected with maternity leave under existing laws.
Art. 159. Compensation. The compensation for night workers in the form of
working time, pay or similar benefits shall recognize the exceptional nature of night
work.
Art. 160. Social Services.Appropriate social services shall be provided for night
workers and, where necessary, for workers performing night work.
Art. 161. Night Work Schedules. Before introducing work schedules requiring the
services of night workers, the employer shall consult the workers
representatives/labor
organizations concerned on the details of such schedules and the forms of
organization of night work that are best adapted to the establishment and its
personnel, as well as on the occupational health measures and social services which
are required. In establishments employing night workers, consultation shall take
place regularly.
SEC. 5. The subsequent articles starting from Book Four, Title I, Chapter I of
Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 6. Application. The measures referred to in this chapter shall be applied not
later than six (G) months from the effectivity of this Act.
SEC. 7. Guidelines. The DOLE shah promulgate appropriate regulations in addition
to existing ones to ensure protection, safety and welfare of night workers.
SEC. 8. Penalties. Any violation of this Act, and the rules and regulations issued
pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos
(P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of
not less than six (6) months, or both, at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership or association, or other entity,
the penalty shall be imposed upon the guilty officer or officers of such corporation,
trust, firm, partnership or association, or entity.
SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not
affected thereby.
SEC. 10. Repealing Clause. All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this Act,
are hereby modified and repealed.
SEC. 11 Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in two (2) national newspapers of general circulation.