Section 14.

The State recognizes the role of women in nation-building, and

shall ensure the fundamental equality before the law of women and men

Republic Act 7192: Women in Development and Nation Building Act

AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND

EQUAL PARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING
AND FOR OTHER PURPOSES.

Section 1. Title. — This Act shall be cited as the “Women in

Development and Nation Building Act.”

Sec. 2. Declaration of Policy. — The State recognizes the role of women in

nation building and shall ensure the fundamental equality before the law of
women and men. The State shall provided women rights and opportunities
equal to that of men.

To attain the foregoing policy:

(1) A substantial portion of official development assistance funds received

from foreign governments and multilateral agencies and organizations shall
be set aside and utilized by the agencies concerned to support programs and
activities for women;
.
(2) All government departments shall ensure that women benefit equally
and participate directly in the development programs and projects of said
department, specifically those funded under official foreign development
assistance, to ensure the full participation and involvement of women in the
development process; and

(3) All government departments and agencies shall review and revise all
their regulations, circulars, issuances and procedures to remove gender bias
therein.
Sec. 3. Responsible Agency. — The National Economic and Development
Authority (NEDA) shall primarily be responsible for ensuring the participation
of women as recipients in foreign aid, grants and loans. It shall determine
and recommend the amount to be allocated for the development activity
involving women.

Sec. 4. Mandate. — The NEDA, with the assistance of the National

Commission on the Role of Filipino Women, shall ensure that the different
government departments, including its agencies and instrumentalities which,
directly or indirectly, affect the participation of women in national
development and their integration therein:

(1) Formulate and prioritize rural or countryside development programs or

projects, provide income and employment opportunities to women in the
rural areas and thus, prevent their heavy migration from rural to urban or
foreign countries;
.
(2) Include an assessment of the extent to which their programs and/or
projects integrate women in the development process and of the impact of
said programs or projects on women, including their implications in
enhancing the self-reliance of women in improving their income;

(3) Ensure the active participation of women and women’s organizations in

the development programs and/or projects including their involvement in the
planning, design, implementation, management, monitoring and evaluation
thereof;

(4) Collect sex-disaggregated data and include such data in its

program/project paper, proposal or strategy;

(5) Ensure that programs and/or projects are designed so that the
percentage of women who receive assistance is approximately proportionate
to either their traditional participation in the targeted activities or their
proportion of the population, whichever is higher. Otherwise, the following
should be stated in the program/project paper, proposal or strategy;

(a) The obstacle in achieving the goal;

.
(b) The steps being taken to overcome those obstacles; and
 (c) To the extent that steps are not being taken to overcome those
obstacles, why they are not being taken.

(6) Assist women in activities that are of critical significance to their self-
reliance and development.

REPUBLIC ACT No. 9710 August 14, 2009

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled::

Section 1. Short Title. - This Act shall be known as "The Magna Carta of
Women".

Section 2. Declaration of Policy. - Recognizing that the economic,

political, and sociocultural realities affect women's current condition, the
State affirms the role of women in nation building and ensures the
substantive equality of women and men. It shall promote empowerment of
women and pursue equal opportunities for women and men and ensure
equal access to resources and to development results and outcome. Further,
the State realizes that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate discrimination and
inequality. To realize this, the State shall endeavor to develop plans, policies,
programs, measures, and mechanisms to address discrimination and
inequality in the economic, political, social, and cultural life of women and
men.

The State condemns discrimination against women in all its forms and
pursues by all appropriate means and without delay the policy of eliminating
discrimination against women in keeping with the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) and other
international instruments consistent with Philippine law. The State shall
accord women the rights, protection, and opportunities available to every
member of society.

The State affirms women's rights as human rights and shall intensify its
efforts to fulfill its duties under international and domestic law to recognize,
respect, protect, fulfill, and promote all human rights and fundamental
freedoms of women, especially marginalized women, in the economic, social,
political, cultural, and other fields without distinction or discrimination on
account of class, age, sex, gender, language, ethnicity, religion, ideology,
disability, education, and status. The State shall provide the necessary
mechanisms to enforce women's rights and adopt and undertake all legal
measures necessary to foster and promote the equal opportunity for women
to participate in and contribute to the development of the political,
economic, social, and cultural realms.

The State, in ensuring the full integration of women's concerns in the

mainstream of development, shall provide ample opportunities to enhance
and develop their skills, acquire productive employment and contribute to
their families and communities to the fullest of their capabilities.

In pursuance of this policy, the State reaffirms the right of women in all
sectors to participate in policy formulation. planning, organization,
implementation, management, monitoring, and evaluation of all programs,
projects, and services. It shall support policies, researches, technology, and
training programs and other support services such as financing, production,
and marketing to encourage active participation of women in national
development.

Section 3. Principles of Human Rights of Women. - Human rights are

universal and inalienable. All people in the world are entitled to them. The
universality of human rights is encompassed in the words of Article 1 of the
Universal Declaration of Human Rights, which states that all human beings
are free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent to the dignity of
every human being whether they relate to civil, cultural, economic, political,
or social issues.

Human rights are interdependent and interrelated. The fulfillment of one

right often depends, wholly or in part, upon the fulfillment of others.

All individuals are equal as human beings by virtue of the inherent dignity of
each human person. No one, therefore, should suffer discrimination on the
basis of ethnicity, gender, age, language, sexual orientation, race, color,
religion, political, or other opinion, national, social, or geographical origin,
disability, property, birth, or other status as established by human rights
standards.

All people have the right to participate in and access information relating to
the decision- making processes that affect their lives and well-being. Rights-
based approaches require a high degree of participation by communities,
civil society, minorities, women, young people, indigenous peoples, and
other identified groups.
States and other duty-bearers are answerable for the observance of human
rights. They have to comply with the legal norms and standards enshrined in
international human rights instruments in accordance with the Philippine
Constitution. Where they fail to do so, aggrieved rights-holders are entitled
to institute proceedings for appropriate redress before a competent court or
other adjudicator in accordance with the rules and procedures provided by
law.

CHAPTER II
DEFINITION OF TERMS

Section 4. Definitions. - For purposes of this Act, the following terms shall
mean:

(a) "Women Empowerment" refers to the provision, availability, and

accessibility of opportunities, services, and observance of human rights
which enable women to actively participate and contribute to the political,
economic, social, and cultural development of the nation as well as those
which shall provide them equal access to ownership, management, and
control of production, and of material and informational resources and
benefits in the family, community, and society.

(b) "Discrimination Against Women" refers to any gender-based distinction,

exclusion, or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural,
civil, or any other field.

It includes any act or omission, including by law; policy, administrative

measure, or practice, that directly or indirectly excludes or restricts women
in the recognition and promotion of their rights and their access to and
enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against women

if it fails to provide for mechanisms to offset or address sex or gender-based
disadvantages or limitations of women, as a result of which women are
denied or restricted in the recognition and protection of their rights and in
their access to and enjoyment of opportunities, benefits, or privileges; or
women, more than men, are shown to have suffered the greater adverse
effects of those measures or practices.
Provided, finally, That discrimination compounded by or intersecting with
other grounds, status, or condition, such as ethnicity, age, poverty, or
religion shall be considered discrimination against women under this Act.

(c) "Marginalization" refers to a condition where a whole category of people

is excluded from useful and meaningful participation in political, economic,
social, and cultural life.

(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable persons

or groups who are mostly living in poverty and have little or no access to
land and other resources, basic social and economic services such as health
care, education, water and sanitation, employment and livelihood
opportunities, housing, social security, physical infrastructure; and the justice
system.

These include, but are not limited to, women in the following sectors and
groups:

(1) "Small Farmers and Rural Workers" refers to those who are engaged
directly or indirectly in small farms and forest areas, workers in commercial
farms and plantations, whether paid or unpaid, regular or season-bound.
These shall include. but are not limited to, (a) small farmers who own or are
still amortizing for lands that is not more than three (3) hectares, tenants,
leaseholders, and stewards; and (b) rural workers who are either wage
earners, self-employed, unpaid family workers directly and personally
engaged in agriculture, small-scale mining, handicrafts, and other related
farm and off-farm activities;

(2) "Fisherfolk" refers to those directly or indirectly engaged in taking,

culturing, or processing fishery or aquatic resources. These include, but are
not to be limited to, women engaged in fishing in municipal waters, coastal
and marine areas, women workers in commercial fishing and aquaculture,
vendors and processors of fish and coastal products, and subsistence
producers such as shell-gatherers, managers, and producers of mangrove
resources, and other related producers:

(3) "Urban Poor" refers to those residing in urban and urbanizable slum or
blighted areas, with or without the benefit of security of abode, where the
income of the head of the family cannot afford in a sustained manner to
provide for the family's basic needs of food, health, education, housing, and
other essentials in life;
(4) "Workers in the Formal Economy" refers to those who are employed by
any person acting directly or indirectly in the interest of an employer in
relation to an employee and shall include the government and all its
branches, subdivisions, and instrumentalities, all government- owned and -
controlled corporations and institutions, as well as nonprofit private
institutions or organizations;

(5) "Workers in the Informal Economy" refers to self-employed, occasionally

or personally hired, subcontracted, paid and unpaid family workers in
household incorporated and unincorporated enterprises, including home
workers, micro-entrepreneurs and producers, and operators of sari-sari stores
and all other categories who suffer from violation of workers' rights:

(6) "Migrant Workers" refers to Filipinos who are to be engaged, are engaged,
or have been engaged in a remunerated activity in a State of which they are
not legal residents, whether documented or undocumented;

(7) "Indigenous Peoples" refers to a group of people or homogenous societies

identified by self-ascription and ascription by other, who have continuously
lived as organized community on communally bounded and defined territory,
and who have, under claims of ownership since time immemorial, occupied;
possessed customs, tradition, and other distinctive cultural traits, or who
have, through resistance to political, social, and cultural inroads of
colonization, non- indigenous religions and culture, became historically
differentiated from the majority of Filipinos. They shall likewise include
peoples who are regarded as indigenous on account of their descent from
the populations which inhabited the country, at the dime of conquest or
colonization, or at the time of inroads of non-indigenous religions and
cultures, or the establishment of present state boundaries, who retain some
or all of their own social, economic, cultural, and political institutions, but
who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains as defined under Section 3(h),
Chapter II of Republic Act No. 8371, otherwise known as "The Indigenous
Peoples Rights Act of 1997" (IPRA of 1997);

(8) "Moro" refers to native peoples who have historically inhabited Mindanao,
Palawan, and Sulu, and who are largely of the Islamic faith;

(9) "Children" refers to those who are below eighteen (18) years of age or
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;
(10) "Senior Citizens" refers to those sixty (60) years of age and above;

(11) "Persons with Disabilities" refers to those who are suffering from
restriction or different abilities, as a result of a mental, physical, or sensory
impairment to perform an activity in the manner or within the range
considered normal for a human being; and

(12) "Solo Parents" refers to those who fall under the category of a solo
parent defined under Republic Act No. 8972, otherwise known as the "Solo
Parents Welfare Act of 2000".

(e) "Substantive Equality" refers to the full and equal enjoyment of rights and
freedoms contemplated under this Act. It encompasses de jure and de
facto equality and also equality in outcomes.

(f) "Gender Equality" refers to the principle asserting the equality of men and
women and their right to enjoy equal conditions realizing their full human
potentials to contribute to and benefit from the results of development, and
with the State recognizing that all human beings are free and equal in dignity
and rights.

(g) "Gender Equity" refers to the policies, instruments, programs, services,

and actions that address the disadvantaged position of women in society by
providing preferential treatment and affirmative action. Such temporary
special measures aimed at accelerating de facto equality between men and
women shall not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards. These
measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.

(h) "Gender and Development (GAD)" refers to the development perspective

and process that are participatory and empowering, equitable, sustainable,
free from violence, respectful of human rights, supportive of self-
determination and actualization of human potentials. It seeks to achieve
gender equality as a fundamental value that should be reflected in
development choices; seeks to transform society's social, economic, and
political structures and questions the validity of the gender roles they
ascribed to women and men; contends that women are active agents of
development and not just passive recipients of development assistance; and
stresses the need of women to organize themselves and participate in
political processes to strengthen their legal rights.
(i) "Gender Mainstreaming" refers to the strategy for making women's as well
as men's concerns and experiences an integral dimension of the design,
implementation, monitoring, and evaluation of policies and programs in all
political, economic, and societal spheres so that women and men benefit
equally and inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels.

(j) "Temporary Special Measures" refers to a variety of legislative, executive,

administrative, and regulatory instruments, policies, and practices aimed at
accelerating this de facto equality of women in specific areas. These
measures shall not be considered discriminatory but shall in no way entail as
a consequence the maintenance of unequal or separate standards. They
shall be discontinued when their objectives have been achieved.

(k) "Violence Against Women" refers to any act of gender-based violence that
results in, or is likely to result in, physical, sexual, or psychological harm or
suffering to women, including threats of such acts, coercion, or arbitrary
deprivation of liberty, whether occurring in public or in private life. It shall be
understood to encompass, but not limited to, the following:

(1) Physical, sexual, psychological, and economic violence occurring in the

family, including battering, sexual abuse of female children in the household,
dowry-related violence, marital rape, and other traditional practices harmful
to women, non-spousal violence, and violence related to exploitation;

(2) Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and
intimidation at work, in educational institutions and elsewhere, trafficking in
women, and prostitution; and

(3) Physical, sexual, and psychological violence perpetrated or condoned by

the State, wherever it occurs.

It also includes acts of violence against women as defused in Republic Acts

No. 9208 and 9262.

(l) "Women in the Military" refers to women employed in the military, both in
the major and technical services, who are performing combat and/or
noncombat functions, providing security to the State, and protecting the
people from various forms of threat. It also includes women trainees in all
military training institutions.
(m) "Social Protection" refers to policies and programs that seek to reduce
poverty and vulnerability to risks and enhance the social status and rights of
all women, especially the marginalized by promoting and protecting
livelihood and employment, protecting against hazards and sudden loss of
income, and improving people's capacity to manage risk. Its components are
labor market programs, social insurance, social welfare, and social safety
nets.

CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

The State, private sector, society in general, and all individuals shall
contribute to the recognition, respect, and promotion of the rights of women
defined and guaranteed under this Act.

Section 5. The State as the Primary Duty-Bearer. - The State, as the

primary duty-bearer, shall:

(a) Refrain from discriminating against women and violating their rights;

(b) Protect women against discrimination and from violation of their rights by
private corporations, entities, and individuals; and

(c) Promote and fulfill the rights of women in all spheres, including their
rights to substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory
instruments, administrative guidelines, and other appropriate measures,
including temporary special measures.

Recognizing the interrelation of the human rights of women, the State shall
take measures and establish mechanisms to promote the coherent and
integrated implementation, and enforcement of this Act and related laws,
policies, or other measures to effectively stop discrimination against and
advance the rights of women.

The State shall keep abreast with and be guided by progressive

developments in human rights of women under international law and design
of policies, laws, and other measures to promote the objectives of this Act.

Section 6. Duties of the State Agencies and Instrumentalities. -

These duties of the State shall extend to all state agencies, offices, and
instrumentalities at all levels and government-owned and -controlled
corporations, subject to the Constitution and pertinent laws, policies, or
administrative guidelines that define specific duties of state agencies and
entities concerned.

Section 7. Suppletory Effect. - This chapter shall be deemed integrated

into and be suppletory to other provisions of this Act, particularly those that
guarantee specific rights to women and define specific roles and require
specific conduct of state organs.

CHAPTER IV
RIGHTS AND EMPOWERMENT

Section 8. Human Rights of Women. - All rights in the Constitution and

those rights recognized under international instruments duly signed and
ratified by the Philippines, in consonance with Philippine law, shall be rights
of women under this Act to be enjoyed without discrimination.

Section 9. Protection from Violence. - The State shall ensure that all
women shall be protected from all forms of violence as provided for in
existing laws. Agencies of government shall give priority to the defense and
protection of women against gender-based offenses and help women attain
justice and healing.

Towards this end, measures to prosecute and reform offenders shall likewise
be pursued.

(a) Within the next five (5) years, there shall be an incremental increase in
the recruitment and training of women in the police force, forensics and
medico-legal, legal services, and social work services availed of by women
who are victims of gender-related offenses until fifty percent (50%) of the
personnel thereof shall be women.

(b) Women shall have the right to protection and security in situations of
armed conflict and militarization. Towards this end, they shall be protected
from all forms of gender-based violence, particularly rape and other forms of
sexual abuse, and all forms of violence in situations of armed conflict. The
State shall observe international standards for the protection of civilian
population in circumstances of emergency and armed conflict. It shall not
force women, especially indigenous peoples, to abandon their lands,
territories, and means of subsistence, or relocate them in special centers for
military purposes under any discriminatory condition.

(c) All government personnel involved in the protection and defense of

women against gender-based violence shall undergo a mandatory training on
human rights and gender sensitivity pursuant to this Act.
(d) All local government units shall establish a Violence Against Women's
Desk in every barangay to ensure that violence against women cases are
fully addressed in a gender-responsive manner.

Section 10. Women Affected by Disasters, Calamities, and Other

Crisis Situations. - Women have the right to protection and security in
times of disasters, calamities, and other crisis situations especially in all
phases of relief, recovery, rehabilitation, and construction efforts. The State
shall provide for immediate humanitarian assistance, allocation of resources,
and early resettlement, if necessary. It shall also address the particular needs
of women from a gender perspective to ensure their full protection from
sexual exploitation and other sexual and gender- based violence committed
against them. Responses to disaster situations shall include the provision of
services, such as psychosocial support, livelihood support, education,
psychological health, and comprehensive health services, including
protection during pregnancy.

Section 11. Participation and Representation. - The State shall

undertake temporary special measures to accelerate the participation and
equitable representation of women in all spheres of society particularly in the
decision-making and policy-making processes in government and private
entities to fully realize their role as agents and beneficiaries of development.

The State shall institute the following affirmative action mechanisms so that
women can participate meaningfully in the formulation, implementation, and
evaluation of policies, plans, and programs for national, regional, and local
development:

(a) Empowerment within the Civil Service. - Within the next five (5) years,
the number of women in third (3rd) level positions in government shall be
incrementally increased to achieve a fifty-fifty (50-50) gender balance;

(b) Development Councils and Planning Bodies. - To ensure the participation

of women in all levels of development planning and program
implementation, at least forty percent (40%) of membership of all
development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;

(c) Other Policy and Decision-Making Bodies. - Women's groups shall also be
represented in international, national, and local special and decision-making
bodies;
(d) International Bodies. - The State shall take all appropriate measures to
ensure the opportunity of women, on equal terms with men and without any
discrimination, to represent their governments at the international level and
to participate in the work of international organizations;

(e) Integration of Women in Political Parties. - The State shall provide

incentives to political parties with women's agenda. It shall likewise
encourage the integration of women in their leadership hierarchy, internal
policy-making structures, appointive, and electoral nominating processes;
and

(f) Private Sector. - The State shall take measures to encourage women
leadership in the private sector in the form of incentives.

Section 12. Equal Treatment Before the Law. - The State shall take
steps to review and, when necessary, amend and/or repeal existing laws that
are discriminatory to women within three (3) years from the effectivity of this
Act.

Section 13. Equal Access and Elimination of Discrimination in

Education, Scholarships, and Training. - (a) The State shall ensure that
gender stereotypes and images in educational materials and curricula are
adequately and appropriately revised. Gender-sensitive language shall be
used at all times. Capacity-building on gender and development (GAD),
peace and human rights, education for teachers, and all those involved in
the education sector shall be pursued toward this end. Partnerships between
and among players of the education sector, including the private sector,
churches, and faith groups shall be encouraged.

(b) Enrollment of women in nontraditional skills training in vocational and

tertiary levels shall be encouraged.

(c) Expulsion and non-readmission of women faculty due to pregnant;-

outside of marriage shall be outlawed. No school shall turn out or refuse
admission to a female student solely on the account of her having contracted
pregnancy outside of marriage during her term in school.

Section 14. Women in Sports. - The State shall develop, establish, and
strengthen programs for the participation of women and girl-children in
competitive and noncompetitive sports as a means to achieve excellence,
promote physical and social well-being, eliminate gender-role stereotyping,
and provide equal access to the full benefits of development for all persons
regardless of sex, gender identity, and other similar factors.
For this purpose, all sports-related organizations shall create guidelines that
will establish and integrate affirmative action as a strategy and gender
equality as a framework in planning and implementing their policies,
budgets, programs, and activities relating to the participation of women and
girls in sports.

The State will also provide material and nonmaterial incentives to local
government units, media organizations, and the private sector for promoting,
training, and preparing women and girls for participation in competitive and
noncompetitive sports, especially in local and international events, including,
but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian
Games, and the Olympics.

No sports event or tournament will offer or award a different sports prize,

with respect to its amount or value, to women and men winners in the same
sports category: Provided, That the said tournament, contest, race, match,
event, or game is open to both sexes: Provided, further, That the sports
event or tournament is divided into male or female divisions.

The State shall also ensure the safety and well-being of all women and girls
participating in sports, especially, but not limited to, trainees, reserve
members, members, coaches, and mentors of national sports teams,
whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as integrated
medical, nutritional, and healthcare services.

Schools, colleges, universities, or any other learning institution shall take into
account its total women student population in granting athletic scholarship.
There shall be a pro rata representation of women in the athletic scholarship
program based on the percentage of women in the whole student population.

Section 15. Women in the Military. - The State shall pursue appropriate
measures to eliminate discrimination of women in the military, police, and
other similar services, including revising or abolishing policies and practices
that restrict women from availing of both combat and noncombat training
that are open to men, or from taking on functions other than administrative
tasks, such as engaging in combat, security-related, or field operations.
Women in the military shall be accorded the same promotional privileges and
opportunities as men, including pay increases, additional remunerations and
benefits, and awards based on their competency and quality of performance.
Towards this end, the State shall ensure that the personal dignity of women
shall always be respected.
Women in the military, police, and other similar services shall be provided
with the same right to employment as men on equal conditions. Equally,
they shall be accorded the same capacity as men to act in and enter into
contracts, including marriage.

Further, women in the military, police; and other similar services shall be
entitled to leave benefits such as maternity leave, as provided for by existing
laws.

Section 16. Nondiscriminatory and Nonderogatory Portrayal of

Women in Media and Film. - The State shall formulate policies and
programs for the advancement of women in collaboration with government
and nongovernment media-related organizations. It shall likewise endeavor
to raise the consciousness of the general public in recognizing the dignity of
women and the role and contribution of women in the family; community,
and the society through the strategic use of mass media.

For this purpose, the State shall ensure allocation of space; airtime, and
resources, strengthen programming, production, and image-making that
appropriately present women's needs, issues, and concerns in all forms of
media, communication, information dissemination, and advertising.

The State, in cooperation with all schools of journalism, information, and

communication, as well as the national media federations and associations,
shall require all media organizations and corporations to integrate into their
human resource development components regular training on gender
equality and gender-based discrimination, create and use gender equality
guidelines in all aspects of management, training, production, information,
dissemination, communication, and programming; and convene a gender
equality committee that will promote gender mainstreaming as a framework
and affirmative action as a strategy, and monitor and evaluate the
implementation of gender equality guidelines.

Section 17. Women's Right to Health. - (a) Comprehensive Health

Services. - The State shall, at all times, provide for a comprehensive, culture-
sensitive, and gender-responsive health services and programs covering all
stages of a woman's life cycle and which addresses the major causes of
women's mortality and morbidity: Provided, That in the provision for
comprehensive health services, due respect shall be accorded to women's
religious convictions, the rights of the spouses to found a family in
accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs,
devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address

pregnancy and infant health and nutrition;

(2) Promotion of breastfeeding;

(3) Responsible, ethical, legal, safe, and effective methods of family

planning;

(4) Family and State collaboration in youth sexuality education and health
services without prejudice to the primary right and duty of parents to
educate their children;

(5) Prevention and management of reproductive tract infections, including

sexually transmitted diseases, HIV, and AIDS;

(6) Prevention and management of reproductive tract cancers like breast and
cervical cancers, and other gynecological conditions and disorders;

(7) Prevention of abortion and management of pregnancy-related

complications;

(8) In cases of violence against women and children, women and children
victims and survivors shall be provided with comprehensive health services
that include psychosocial, therapeutic, medical, and legal interventions and
assistance towards healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual dysfunction

pursuant to ethical norms and medical standards;

(10) Care of the elderly women beyond their child-bearing years; and

(11) Management, treatment, and intervention of mental health problems of

women and girls. In addition, healthy lifestyle activities are encouraged and
promoted through programs and projects as strategies in the prevention of
diseases.

(b) Comprehensive Health Information and Education. - The State shall

provide women in all sectors with appropriate, timely, complete, and
accurate information and education on all the above-stated aspects of
women's health in government education and training programs, with due
regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the
youth and the development of moral character and the right of children to be
brought up in an atmosphere of morality and rectitude for the enrichment
and strengthening of character;

(2) The formation of a person's sexuality that affirms human dignity; and

(3) Ethical, legal, safe, and effective family planning methods including
fertility awareness.

Section 18. Special Leave Benefits for Women. - A woman employee

having rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.

Section 19. Equal Rights in All Matters Relating to Marriage and

Family Relations. - The State shall take all appropriate measures to
eliminate discrimination against women in all matters relating to marriage
and family relations and shall ensure:

(a) the same rights to enter into and leave marriages or common law
relationships referred to under the Family Code without prejudice to personal
or religious beliefs;

(b) the same rights to choose freely a spouse and to enter into marriage only
with their free and full consent. The betrothal and the marriage of a child
shall have no legal effect;

(c) the joint decision on the number and spacing of their children and to have
access to the information, education and means to enable them to exercise
these rights;

(d) the same personal rights between spouses or common law spouses
including the right to choose freely a profession and an occupation;

(e) the same rights for both spouses or common law spouses in respect of
the ownership, acquisition, management, administration, enjoyment, and
disposition of property;

(f) the same rights to properties and resources, whether titled or not, and
inheritance, whether formal or customary; and

(g) women shall have equal rights with men to acquire, change, or retain
their nationality. The State shall ensure in particular that neither marriage to
an alien nor change of nationality by the husband during marriage shall
automatically change the nationality of the wife, render her stateless or force
upon her the nationality of the husband. Various statutes of other countries
concerning dual citizenship that may be enjoyed equally by women and men
shall likewise be considered.

Customary laws shall be respected: Provided, however, That they do not

discriminate against women.

CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS

Women in marginalized sectors are hereby guaranteed all civil, political,

social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to, the Indigenous Peoples Rights Act,
the Urban Development and Housing Act, the Comprehensive Agrarian
Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act,
the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation
Act.

Section 20. Food Security and Productive Resources. - The State

recognizes the contribution of women to food production and shall ensure its
sustainability and sufficiency with the active participation of women. Towards
this end, the State shall guarantee, at all times, the availability in the market
of safe and health-giving food to satisfy the dietary needs of the population,
giving particular attention to the specific needs of poor girl-children and
marginalized women, especially pregnant and lactating mothers and their
young children. To further address this, the State shall ensure:

(a) Right to Food. - The State shall guarantee the availability of food in
quantity and quality sufficient to satisfy the dietary needs of individuals, the
physical and economic accessibility for everyone to adequate food that is
culturally acceptable and free from unsafe substances and culturally
accepted, and the accurate and substantial information to the availability of
food, including the right to full, accurate, and truthful information about safe
and health-giving foods and how to produce and have regular and easy
access to them;

(b) Right to Resources for Food Production. - The State shall guarantee
women a vital role in food production by giving priority to their rights to land,
credit, and infrastructure support, technical training, and technological and
marketing assistance. The State shall promote women-friendly technology as
a high priority activity in agriculture and shall promote the right to adequate
food by proactively engaging in activities intended to strengthen access to,
utilization of, and receipt of accurate and substantial information on
resources and means to ensure women's livelihood, including food security:

(1) Equal status shall be given to women and men, whether married or not,
in the titling of the land and issuance of stewardship contracts and patents;

(2) Equal treatment shall be given to women and men beneficiaries of the
agrarian reform program, wherein the vested right of a woman agrarian
reform beneficiary is defined by a woman's relationship to tillage, i.e., her
direct and indirect contribution to the development of the land;

(3) Customary rights of women to the land, including access to and control of
the fruits and benefits, shall be recognized in circumstances where private
ownership is not possible, such as ancestral domain claims:

(4) Information and assistance in claiming rights to the land shall be made
available to women at all times;

(5) Equal rights to women to the enjoyment, use, and management of land,
water, and other natural resources within their communities or ancestral
domains;

(6) Equal access to the use and management of fisheries and aquatic
resources, and all the rights and benefits accruing to stakeholders in the
fishing industry;

(7) Equal status shall be given to women and men in the issuance of
stewardship or lease agreements and other fishery rights that may be
granted for the use and management of coastal and aquatic resources. In the
same manner, women's organizations shall be given equal treatment as with
other marginalized fishers organizations in the issuance of stewardship or
lease agreements or other fishery rights for the use and management of
such coastal and aquatic resources which may include providing support to
women-engaged coastal resources;

(8) There shall be no discrimination against women in the deputization of fish

wardens;

(9) Women-friendly and sustainable agriculture technology shall be designed

based on accessibility and viability in consultation with women's
organizations;

(10) Access to small farmer-based and controlled seeds production and

distribution shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be
recognized, encouraged, and protected;

(12) Equal rights shall be given to women to be members of farmers'

organizations to ensure wider access to and control of the means of
production;

(13) Provide opportunities for empowering women fishers to be involved in

the control and management, not only of the catch and production of
aquamarine resources but also, to engage in entrepreneurial activities which
will add value to production and marketing ventures; and

(14) Provide economic opportunities for the indigenous women. particularly

access to market for their produce.

In the enforcement of the foregoing, the requirements of law shall be

observed at all times.

Section 21. Right to Housing. - The State shall develop housing programs
for women that are localized, simple, accessible, with potable water, and
electricity, secure, with viable employment opportunities and affordable
amortization. In this regard, the State shall consult women and involve them
in community planning and development, especially in matters pertaining to
land use, zoning, and relocation.

Section 22. Right to Decent Work. - The State shall progressively realize
and ensure decent work standards for women that involve the creation of
jobs of acceptable quality in conditions of freedom, equity, security, and
human dignity.

(a) Decent work involves opportunities for work that are productive and fairly
remunerative as family living wage, security in the workplace, and social
protection for families, better prospects for personal development and social
integration, freedom for people to express their concerns organize,
participate in the decisions that affect their lives, and equality of opportunity
and treatment for all women and men.

(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and health
hazards taking into account women's maternal functions;

(2) Support services that will enable women to balance their family
obligations and work responsibilities including, but not limited to, the
establishment of day care centers and breast-feeding stations at the
workplace, and providing maternity leave pursuant to the Labor Code and
other pertinent laws;

(3) Membership in unions regardless of status of employment and place of

employment; and

(4) Respect for the observance of indigenous peoples' cultural practices even
in the workplace.

(c) In recognition of the temporary nature of overseas work, the State shall
exert all efforts to address the causes of out-migration by developing local
employment and other economic opportunities for women and by
introducing measures to curb violence and forced and involuntary
displacement of local women. The State shall ensure the protection and
promotion of the rights and welfare of migrant women regardless of their
work status, and protect them against discrimination in wages, conditions of
work, and employment opportunities in host countries.

Section 23. Right to Livelihood, Credit, Capital, and Technology. - The

State shall ensure that women are provided with the following:

(a) Equal access to formal sources of credit and capital;

(b) Equal share to the produce of farms and aquatic resources; and

(c) Employment opportunities for returning women migrant workers taking

into account their skills and qualifications. Corollarily, the State shall also
promote skills and entrepreneurship development of returning women
migrant workers.

Section 24. Right to Education and Training. - The State shall ensure
the following:

(a) Women migrant workers have the opportunity to undergo skills training, if
they so desire, before taking on a foreign job, and possible retraining upon
return to the country:

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fitness, especially

to those interested in research and development aimed towards women-
friendly farm technology.

Section 25. Right to Representation and Participation. - The State

shall ensure women's participation in policy-making or decision-making
bodies in the regional, national, and international levels. It shall also ensure
the participation of grassroots women leaders in decision and policy-making
bodies in their respective sectors including, but not limited to, the
Presidential Agrarian Reform Council (PARC) and its local counterparts;
community-based resource management bodies or mechanisms on forest
management and stewardship; the National Fisheries and Aquatic Resources
Management Council (NFARMC) and its local counterparts; the National
Commission on Indigenous Peoples; the Presidential Commission for the
Urban Poor; the National Anti-Poverty Commission; and, where applicable,
the local housing boards.

Section 26. Right to Information. - Access to information regarding

policies on women, including programs, projects, and funding outlays that
affect them, shall be ensured.

Section 27. Social Protection. -

(a) The Social Security System (SSS) and the Philippine Health Insurance
Corporation (PhilHealth) shall support indigenous and community-based
social protection schemes.

(b) The State shall institute policies and programs that seek to reduce the
poverty and vulnerability to risks and enhance the social status and rights of
the marginalized women by promoting and protecting livelihood and
employment, protecting against hazards and sudden; loss of income, and
improving people's capacity to manage risks.

(c) The State shall endeavor to reduce and eventually eliminate transfer
costs of remittances from abroad through appropriate bilateral and
multilateral agreements. It shall likewise provide access to investment
opportunities for remittances in line with national development efforts.

(d) The State shall establish a health insurance program for senior citizens
and indigents.

(e) The State shall support women with disabilities on a community-based

social protection scheme.

Section 28. Recognition and Preservation of Cultural Identity and

Integrity. - The State shall recognize and respect the rights of Moro and
indigenous women to practice, promote, protect, and preserve their own
culture, traditions, and institutions and to consider these rights in the
formulation and implementation of national policies and programs. To this
end, the State shall adopt measures in consultation with the sectors
concerned to protect their rights to their indigenous knowledge systems and
practices, traditional livelihood, and other manifestations of their cultures
and ways of life: Provided, That these cultural systems and practices are not
discriminatory to women.

Section 29. Peace and Development. - The peace process shall be

pursued with the following considerations:

(a) Increase the number of women participating in discussions and decision-

making in the peace process, including membership in peace panels
recognizing women's role in conflict- prevention and peace-making and in
indigenous system of conflict resolution;

(b) Ensure the development and inclusion of women's welfare and concerns
in the peace agenda in the overall peace strategy and women's participation
in the planning, implementation, monitoring, and evaluation of rehabilitation
and rebuilding of conflict-affected areas;

(c) The institution of measures to ensure the protection of civilians in conflict-

affected communities with special consideration for the specific needs of
women and girls:

(d) Include the peace perspective in the education curriculum and other
educational undertakings; and

(e) The recognition and support for women's role in conflict-prevention,

management, resolution and peacemaking, and in indigenous systems of
conflict resolution.

Section 30. Women in Especially Difficult Circumstances. - For

purposes of this Act, "Women in Especially Difficult Circumstances" (WEDC)
shall refer to victims and survivors of sexual and physical abuse, illegal
recruitment, prostitution, trafficking, armed conflict, women in detention,
victims and survivors of rape and incest, and such other related
circumstances which have incapacitated them functionally. Local government
units are therefore mandated to deliver the necessary services and
interventions to WEDC under their respective jurisdictions.

Section 31. Services and Interventions. - WEDC shall be provided with

services and interventions as necessary such as, but not limited to, the
following:

(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(d) Counseling;

(e) Psychiatric evaluation;

(f) Legal services;

(g) Productivity skills capability building;

(h) Livelihood assistance;

(i) Job placement;

(j) Financial assistance: and

(k) Transportation assistance.

Section 32. Protection of Girl-Children. - (a) The State shall pursue

measures to eliminate all forms of discrimination against girl-children in
education, health and nutrition, and skills development.

(b) Girl-children shall be protected from all forms of abuse and exploitation.

(c) Equal access of Moro and indigenous girl-children in the Madaris, schools
of living culture and traditions, and the regular schools shall be ensured.

(d) Gender-sensitive curriculum, including legal literacy, books, and

curriculum in the Madaris and schools of living culture and traditions shall be
developed.

(e) Sensitivity of regular schools to particular Moro and indigenous practices,

such as fasting in the month of Ramadan, choice of clothing (including the
wearing of hijab), and availability of halal food shall be ensured.

Section 33. Protection of Senior Citizens. - The State shall protect

women senior citizens from neglect, abandonment, domestic violence,
abuse, exploitation, and discrimination. Towards this end, the State shall
ensure special protective mechanisms and support services against violence,
sexual abuse, exploitation, and discrimination of older women.

Section 34. Women are entitled to the recognition and protection of their
rights defined and guaranteed under this Act including their right to
nondiscrimination.

Section 35. Discrimination Against Women is Prohibited. - Public and

private entities and individuals found to have committed discrimination
against women shall be subject to the sanctions provided in Section 41
hereof. Violations of other rights of women shall be subject to sanctions
under pertinent laws and regulations.

CHAPTER VI
INSTITUTIONAL MECHANISMS

Section 36. Gender Mainstreaming as a Strategy for Implementing

the Magna Carta of Women. - Within a period prescribed in the
implementing rules and regulations, the National Commission on the Role of
Filipino Women (NCRFW) shall assess its gender mainstreaming program for
consistency with the standards under this Act. It shall modify the program
accordingly to ensure that it will be an effective strategy for implementing
this Act and attaining its objectives.

All departments, including their attached agencies, offices, bureaus, state

universities and colleges, government-owned and -controlled corporations,
local government units, and other government instrumentalities shall adopt
gender mainstreaming as a strategy to promote women's human rights and
eliminate gender discrimination in their systems, structures, policies,
programs, processes, and procedures which shall include, but not limited to,
the following:

(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs
addressing gender issues and concerns shall be designed and implemented
based on the mandate of government agencies and local government units,
Republic Act No. 7192, gender equality agenda of the government and other
GAD-related legislation, policies, and commitments. The development of GAD
programs shall proceed from the conduct of a gender audit of the agency or
the local government unit and a gender analysis of its policies, programs,
services and the situation of its clientele; the generation and review of sex-
disaggregated data; and consultation with gender/women's rights advocates
and agency/women clientele. The cost of implementing GAD programs shall
be the agency's or the local government unit's GAD budget which shall be at
least five percent (5%) of the agency's or the local government unit's total
budget appropriations.

Pursuant to Republic Act No. 7192, otherwise known as the Women in

Development and Nation Building Act, which allocates five percent (5%) to
thirty percent (30%) of overseas development assistance to GAD,
government agencies receiving official development assistance should
ensure the allocation and proper utilization of such funds to gender-
responsive programs that complement the government GAD funds and
annually report accomplishments thereof to the National Economic and
Development Authority (NEDA) and the Philippine Commission on Women
(PCW).

The utilization and outcome of the GAD budget shall be annually monitored
and evaluated in terms of its success in influencing the gender-responsive
implementation of agency programs funded by the remaining ninety-five
percent (95%) budget.

The Commission on Audit (COA) shall conduct an annual audit on the use of
the GAD budget for the purpose of determining its judicious use and the
efficiency, and effectiveness of interventions in addressing gender issues
towards the realization of the objectives of the country's commitments,
plans, and policies on women empowerment, gender equality, and GAD.

Local government units are also encouraged to develop and pass a GAD
Code based on the gender issues and concerns in their respective localities
based on consultation with their women constituents and the women's
empowerment and gender equality agenda of the government. The GAD
Code shall also serve as basis for identifying programs, activities, and
projects on GAD.

Where needed, temporary gender equity measures shall be provided for in

the plans of all departments, including their attached agencies, offices,
bureaus, state universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities.

To move towards a more sustainable, gender-responsive, and performance-

based planning and budgeting, gender issues and concerns shall be
integrated in, among others, the following plans:

(1) Macro socioeconomic plans such as the Medium-Term Philippine

Development Plan and Medium-Term Philippine Investment Plan;

(2) Annual plans of all departments, including their attached agencies,

offices, bureaus, state universities and colleges, and government-owned and
-controlled corporations; and

(3) Local plans and agenda such as executive-legislative agenda,

comprehensive development plan (CDP), comprehensive land use plan
(CLUP), provincial development and physical framework plan (PDPFP), and
annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All
departments, including their attached agencies, offices, bureaus, state
universities and colleges, government- owned and -controlled corporations,
local government units, and other government instrumentalities shall
establish or strengthen their GAD Focal Point System or similar GAD
mechanism to catalyze and accelerate gender mainstreaming within the
agency or local government unit.

The GAD Focal Point System shall be composed of the agency head or local
chief executive, an executive committee with an Undersecretary (or its
equivalent), local government unit official, or office in a strategic decision-
making position as Chair; and a technical working group or secretariat which
is composed of representatives from various divisions or offices within the
agency or local government unit.

The tasks and functions of the members of the GFP shall form part of their
regular key result areas and shall be given due consideration in their
performance evaluation.

(c) Generation and Maintenance of GAD Database. All departments, including

their attached agencies, offices, bureaus, state universities and colleges,
government-owned and - controlled corporations, local government units,
and other government instrumentalities shall develop and maintain a GAD
database containing gender statistics and sexdisaggregated data that have
been systematically gathered, regularly updated; and subjected to; gender
analysis for planning, programming, and policy formulation.

Section 37. Gender Focal Point Officer in Philippine Embassies and

Consulates. - An officer duly trained on GAD shall be designated as the
gender focal point in the consular section of Philippine embassies or
consulates. Said officer shall be primarily responsible in handling gender
concerns of women migrant workers. Attached agencies shall cooperate in
strengthening the Philippine foreign posts' programs for the delivery of
services to women migrant workers.

Section 38. National Commission on the Role of Filipino Women

(NCRFW). - The National Commission on the Role of Filipino Women
(NCRFW) shall be renamed as the Philippine Commission on Women (PCW),
the primary policymaking and coordinating body of the women and gender
equality concerns under the Office of the President. The PCW shall be the
overall monitoring body and oversight to ensure the implementation of this
Act. In doing so, the PCW may direct any government agency and
instrumentality, as may be necessary, to report on the implementation of
this Act and for them to immediately respond to the problems brought to
their attention in relation to this Act. The PCW shall also lead in ensuring that
government agencies are capacitated on the effective implementation of this
Act. The chairperson shall likewise report to the President in Cabinet
meetings on the implementation of this Act.

To the extent possible, the PCW shall influence the systems, processes, and
procedures of the executive, legislative, and judicial branches of government
vis-a-vis GAD to ensure the implementation of this Act.

To effectively and efficiently undertake and accomplish its functions, the PCW
shall revise its structure and staffing pattern with the assistance of the
Department of Budget and Management.

Section 39. Commission on Human Rights (CHR). - The Commission,

acting as the Gender and Development Ombud, consistent with its mandate,
shall undertake measures such as the following:

(a) Monitor with the PCW and other state agencies, among others, in
developing indicators and guidelines to comply with their duties related to
the human rights of women, including their right to nondiscrimination
guaranteed under this Act;

(b) Designate one (1) commissioner and/or its Women's Human Rights
Center to be primarily responsible for formulating and implementing
programs and activities related to the promotion and protection of the
human rights of women, including the investigations and complaints of
discrimination and violations of their rights brought under this Act and
related laws and regulations;

(c) Establish guidelines and mechanisms, among others, that will facilitate
access of women to legal remedies under this Act and related laws, and
enhance the protection and promotion of the rights of women, especially
marginalized women;

(d) Assist in the filing of cases against individuals, agencies, institutions, or

establishments that violate the provisions of this Act; and

(e) Recommend to the President of the Philippines or the Civil Service

Commission any possible administrative action based on noncompliance or
failure to implement the provisions of this Act.
Section 40. Monitoring Progress and Implementation and Impact of
this Act. - The PCW, in coordination with other state agencies and the CHR,
shall submit to Congress regular reports on the progress of the
implementation of this Act highlighting the impact thereof on the status and
human rights of women: Provided, That the second report shall include an
assessment of the effectiveness of this Act and recommend amendments to
improve its provisions: Provided, finally, That these reports shall be
submitted to Congress every three (3) years or as determined in the
implementing rules and regulations.

Section 41. Penalties. - Upon finding of the CHR that a department,

agency, or instrumentality of government, government-owned and -
controlled corporation, or local government unit has violated any provision of
this Act and its implementing rules and regulations, the sanctions under
administrative law, civil service, or other appropriate laws shall be
recommended to the Civil Service Commission and/or the Department of the
Interior and Local Government. The person directly responsible for the
violation as well as the head of the agency or local chief executive shall be
held liable under this Act.

If the violation is committed by a private entity or individual, the person

directly responsible for the violation shall be liable to pay damages.

Filing a complaint under this Act shall not preclude the offended party from
pursuing other remedies available under the law and to invoke any of the
provisions of existing laws especially those recently enacted laws protecting
women and children, including the Women in Development and Nation
Building Act (Republic Act No. 7192), the Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act (Republic Act No.
7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the
Anti-Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance
and Protection Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in
Persons Act of 2003 (Republic Act No. 9208) and the Anti- Violence Against
Women and Their Children Act of 2004 (Republic Act No. 9262). If violence
has been proven to be perpetrated by agents of the State including, but not
limited to, extrajudicial killings, enforced disappearances, torture, and
internal displacements, such shall be considered aggravating offenses with
corresponding penalties depending on the severity of the offenses.

Section 42. Incentives and Awards. - There shall be established an

incentives and awards system which shall be administered by a board under
such rules and regulations as may be promulgated by the PCW to deserving
entities, government agencies, and local government units for their
outstanding performance in upholding the rights of women and effective
implementation of gender-responsive programs.

Section 43. Funding. - The initial funding requirements for the

implementation of this Act shall be charged against the current
appropriations of the agencies concerned. Thereafter, such sums as may be
necessary for the implementation of this Act shall be included in the
agencies' yearly budgets under the General Appropriations Act.

The State shall prioritize allocation of all available resources to effectively

fulfill its obligations specified under this Act. The State agencies' GAD
budgets, which shall be at least five percent (5%) of their total budgetary
allocation, shall also be utilized for the programs and activities to implement
this Act.

Section 44. Implementing Rules and Regulations. - As the lead agency,

the PCW shall, in coordination with the Commission on Human Rights and all
concerned government departments and agencies including, as observers,
both Houses of Congress through the Committee on Youth, Women and
Family Relations (Senate) and the Committee on Women and Gender Equality
(House of Representatives) and with the participation of representatives from
nongovernment organizations (NGOs) and civil society groups with proven
track record of involvement and promotion of the rights and welfare of
Filipino women and girls identified by the PCW, formulate the implementing
rules and regulations (IRR) of this Act within one hundred eighty (180) days
after its effectivity.

G.R. No. 204819. April 08, 2014 (Case Brief / Digest)

© 2024 - [Link] | 1
Title: Imbong v. Ochoa: A Constitutional Inquiry into the Philippines’
Reproductive Health Law

Facts: The Reproductive Health Law (RH Law), officially designated as

Republic Act No. 10354, was enacted by the Philippine Congress on
December 21, 2012, and signed into law by President Benigno Aquino III. This
law aims to guarantee universal access to methods of contraception, fertility
control, sexual education, and maternal care. Shortly after its enactment,
various petitioners, including James and Lovely-Ann Imbong, on behalf of
themselves and their minor children, and several other individuals and
groups, filed petitions before the Supreme Court of the Philippines
challenging the law’s constitutionality on several grounds. These petitioners
argued that the RH Law infringes upon the constitutional right to life of the
unborn, the right to health, the right to religious freedom, among others. The
respondents in the case are key government officials tasked with the law’s
implementation. The Supreme Court issued a Status Quo Ante Order,
temporarily halting the law’s implementation, and conducted a series of oral
arguments to hear both sides.

Issues: The Supreme Court dealt with procedural and substantive issues,
including:

1. Whether the Court may exercise its power of judicial review over the
controversy.

2. Whether the RH Law violates the constitutional right to life of the unborn.

3. Whether the RH Law infringes on the right to health by promoting access

to

contraceptives.

4. Whether the RH Law violates the freedom of religion and the right to free
speech of

individuals opposed to its mandates.

5. Whether certain provisions within the RH Law are void for being vague or
for imposing

involuntary servitude.

Court’s Decision: The Supreme Court ruled that:

1. It has the authority to review the RH Law and that there is an actual case
or controversy,
making the issue ripe for judicial determination.

2. The RH Law does not violate the constitutional right to life of the unborn
as it expressly

prohibits abortion and only allows contraceptives that prevent the

fertilization of the ovum.

3. The RH Law does not infringe upon individuals’ right to health but upholds
it by providing

access to safe and legal family planning methods.

4. The requirement for religious objectors to refer patients does not amount
to a violation of

religious freedom or free speech, as it constitutes a reasonable regulation to

achieve the

law’s objective.

G.R. No. 204819. April 08, 2014 (Case Brief / Digest)

© 2024 - [Link] | 2

5. Some provisions were declared unconstitutional for overstepping the

scope of power

afforded to the implementing bodies or for violating the due process rights of
individuals.

Doctrine: The RH Law affirms the state’s obligation to protect public health
and respect

individual religious beliefs while promoting reproductive health rights. It

emphasizes a

balanced approach wherein the government may regulate the exercise of

religious beliefs if

it involves acts that affect public welfare, applying the “compelling state
interest” test.

Class Notes:

– The constitutional right to life of the unborn begins at conception, and any
law or act

contravening this right is subject to strict scrutiny.

– The government has the power to regulate the exercise of religious beliefs
when it poses

significant harm to public welfare, applying the compelling state interest

test.

– Statutes and legal provisions challenged for constitutionality are presumed

valid until

proven otherwise, and courts exercise judicial restraint in reviewing

legislative acts.

Historical Background: The passage and subsequent challenge of the RH Law

highlight the

Philippine society’s longstanding debates over issues of reproductive health,

religious

freedom, and state interest in regulating public health and moral welfare.
The case

underscores the tension between conservative values deeply rooted in the

predominantly

Catholic country and progressive efforts to address public health and family
planning issues.
G.R. No. 221029. April 24, 2018 (Case Brief / Digest)

Feb 4, 2024

– Case Briefs

Download PDF

Title: Republic of the Philippines v. Marelyn Tanedo Manalo

Facts:
Marelyn Tanedo Manalo, a Filipino citizen, was previously married to a
Japanese national, Yoshino Minoro. A divorce decree was rendered by a
Japanese court on December 6, 2011, dissolving their marriage. Seeking
recognition of this divorce in the Philippines and the subsequent cancellation
of their marriage entry in the Civil Registry of San Juan, Metro Manila, Manalo
filed a Petition for Cancellation of Entry of Marriage on January 10, 2012, in
the Regional Trial Court (RTC) of Dagupan City. During the proceedings, the
petition’s title was questioned, leading to its amendment to also seek
recognition and enforcement of the foreign judgment. After presenting
evidence and notwithstanding the absence of a challenge from the Office of
the Solicitor General (OSG), the RTC denied the petition for lack of merit,
upholding the Philippine law on marriages involving Filipino citizens. The
Court of Appeals (CA) later reversed the RTC decision, invoking Article 26 of
the Family Code, which relates to the recognition of foreign divorce decrees
involving Filipino citizens married to foreigners. The OSG’s motion for
reconsideration was denied, leading to the appeal to the Supreme Court.

Issues:
1. Whether or not the CA erred in applying Article 26 of the Family Code in
granting the petition for recognition and enforcement of the foreign divorce
decree.
2. Whether or not a Filipino citizen, who initiated and obtained a divorce
abroad against a foreign spouse, has the capacity to remarry under
Philippine law.

Court’s Decision:
The Supreme Court denied the petition and affirmed the CA decision, with a
remand to the court of origin for further proceedings on the relevant
Japanese law on divorce. The Court upheld the application of Article 26 of the
Family Code, stating that it was crafted to avoid the absurd situation where a
Filipino is still married to a foreign spouse who, in turn, is considered not
married to the Filipino because of a recognized divorce abroad. The Court
discerned no substantial distinction between a Filipino who initiated foreign
divorce proceedings and a Filipino who obtained a divorce decree upon the
instance of an alien spouse regarding their capacity to remarry under
Philippine law.

Doctrine:
Paragraph 2 of Article 26 of the Family Code is interpreted to include cases
involving parties who, at the time of the celebration of the marriage, were
Filipino citizens but later on, one of them becomes naturalized as a foreign
citizen and obtains a divorce decree abroad. This provision applies regardless
of which party initiated the divorce proceeding abroad, so long as the divorce
enables the foreign spouse to remarry.

Class Notes:
1. Philippine law does not allow absolute divorce for Filipino citizens, but
recognizes foreign divorce decrees under specific conditions, as stated in
Article 26 of the Family Code.
2. For a foreign divorce decree to be recognized in the Philippines, the party
pleading it must prove the divorce as a fact and demonstrate its conformity
to the foreign law allowing it.
3. The case highlights the intersection between the principles of comity and
the public policy against absolute divorce, illustrating the legal system’s
accommodation of the realities of mixed marriages involving Filipino citizens.
Historical Background:
The prohibition of absolute divorce in the Philippines is deeply rooted in the
country’s civil and family laws, reflecting the state’s policy to protect
marriage as an inviolable social institution. The introduction of Paragraph 2
of Article 26 in the Family Code marked a significant legal accommodation to
address the peculiar predicaments faced by Filipino citizens in mixed
marriages, particularly when foreign divorce decrees are involved. This legal
provision represents the Philippines’ nuanced approach to recognizing
foreign divorce decrees involving its citizens, balancing the country’s
conservative stance on marriage with the practicalities of international
matrimonial relations.

G.R. No. 215370. November 09, 2021 (Case Brief / Digest)

Feb 22, 2024

– Case Briefs

Download PDF

Title: Richelle Busque Ordoña v. The Local Civil Registrar of Pasig City
and Allan D. Fulgueras

Facts:
Richelle Busque Ordoña married Ariel O. Libut on October 10, 2000, in Las
Piñas City. She later worked abroad, found out about Ariel’s illicit affair, and
subsequently separated from him without filing for annulment. In 2008, while
working in Abu Dhabi, United Arab Emirates, Ordoña became involved with
Allan D. Fulgueras, resulting in pregnancy. Ordoña returned to the Philippines
and gave birth to Alrich Paul Ordoña Fulgueras on January 26, 2010, listing
Fulgueras as the father on the birth certificate.

Seeking to correct the birth certificate’s entries regarding paternity and

the child’s surname, Ordoña filed a verified Petition for Correction of Entries
(Rule 108 petition) before the Regional Trial Court (RTC) in Pasig City on
September 7, 2011. She intended to change the child’s surname from
“Fulgueras” to “Ordoña,” her maiden name, and to delete the entries under
paternal information. It was alleged that Fulgueras could not have signed the
Affidavit of Acknowledgment/Admission of Paternity since he was not in the
Philippines at the time of the child’s birth.

The RTC, finding the petition sufficient in form and substance,

proceeded with the requisite publication and notification. Despite no
opposition being filed, Ordoña was allowed to present evidence, including
testimony by a co-worker, who attested that the signature in the affidavit did
not match Fulgueras’s usual signature.

Issues:
1. Whether the Petition for Correction of Entries can be used to impugn the
legitimacy and filiation of a child.
2. Whether a mother can impugn the legitimacy of her child in contradiction
to Articles 167, 170, and 171 of the Family Code.
3. Whether failure to implead Ariel Libut, the legal husband, affects the
proceedings for correction of entries.

Court’s Decision:
The Court denied the Petition for Review on Certiorari. It established that a
Rule 108 Petition cannot be used to impugn the legitimacy and filiation of a
child as it constitutes a collateral attack, which is prohibited. Furthermore,
Articles 167, 170, and 171 of the Family Code do not allow a mother to
impugn the legitimacy of her child, a task reserved for the husband or, in
exceptional cases, his heirs. The correct course of action must follow the
express provisions of the Family Code, leaving legislative amendments as the
appropriate method for any desired changes. Moreover, the procedural
requirement under Rule 108 necessitating the inclusion of all parties with an
interest was not met due to the failure to implead Ariel Libut.

Doctrine:
The legitimacy and filiation of a child cannot be collaterally attacked through
a Rule 108 Petition for Correction of Entries in a birth certificate. The Family
Code explicitly reserves the right to impugn the legitimacy of a child to the
husband or his heirs, thereby excluding the mother from doing so.
Furthermore, compliance with procedural requirements, including the
impleading of all interested parties, is necessary for the validity of
proceedings under Rule 108.

Class Notes:
– Legitimacy and filiation of children can only be questioned through a direct
action, as per Articles 166, 170, and 171 of the Family Code.
– Article 167 of the Family Code explicitly provides that the child shall be
considered legitimate despite any declaration or adjudication against its
legitimacy by the mother.
– Rule 108 of the Rules of Court sets the procedure for the cancellation or
correction of entries in the civil registry but cannot be used to challenge a
child’s legitimacy.
– Failure to include indispensable parties, such as the legal husband in cases
affecting the child’s legitimacy and filiation, may render the proceedings and
judgment ineffectual.

Historical Background:
The case illustrates the stringent protections around the legitimacy and
filiation of children within the Philippine legal framework, reflecting societal
values on family and marriage. The Family Code, enacted to embody and
define legal relationships within the family, has provisions that aim to protect
the legitimacy of children and maintain the stability of familial relations, even
in the face of evolving social realities and norms. This case also underscores
the limitations of judicial action in matters where legislative amendment is
necessary to reconcile legal provisions with contemporary societal values
and international obligations, such as those under the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW).

G.R. No. 208912. December 07, 2021 (Case Brief / Digest)

© 2024 - [Link] | 1

Title: The Heir Fantastic: Intestate Devolution and the Nonmarital

Child’s Right of Representation

Facts:
 In 2003, Rodolfo C. Aquino petitioned for letters of administration for
the estate of his deceased father, Miguel T. Aquino, who died intestate
leaving behind properties. Rodolfo claimed that the estate was to be divided
among Miguel’s second wife, two sons with his first wife—including Rodolfo
—, and the heirs of another predeceased son. Angela K. Aquino alleged being
the daughter of Arturo C. Aquino (Arturo), Miguel’s other predeceased son.
Born after Arturo’s death, Angela was not married, but there was no legal
barrier to her parents’ union had Arturo lived. Angela’s relationship with the
Aquinos, as well as evidence of recognition by Miguel and his family, formed
the basis of her claim to a share in Miguel’s estate. The RTC granted Angela’s
petition, considering her an acknowledged child of Arturo, and entitled her to
a share in Miguel’s estate. This decision was overturned by the CA, which
ruled Angela failed to prove filiation and could not inherit due to Article 992
of the Civil Code, barring nonmarital children from inheriting from their
parents’ legitime relatives. Angela and Rodolfo then filed separate petitions
before the Supreme Court.

Issues:

1. Whether a nonmarital child can inherit by right of representation

from their

grandparent’s estate, despite the prohibition in Article 992 of the Civil

Code.

2. Whether the nonmarital child could prove filiation with the deceased
parent to entitle

them to a share in the intestate estate.

Court’s Decision: The Court held that:

1. A nonmarital child, such as Angela, can inherit from her grandfather

by right of

representation, notwithstanding her parents’ marital status and the

“iron curtain” rule in

Article 992. The Court reinterpreted Article 992 to harmonize it with

constitutional

mandates for equal protection, due process, and international

obligations protecting the

rights and interests of children.

 2. Angela must still prove her filiation to partake in Miguel’s estate.
Given the conflicting

findings of the lower courts on her filiation, the Supreme Court

remanded the case to the

RTC for the reception of evidence, including DNA testing if appropriate,

to determine

Angela’s entitlement.

Doctrine:

G.R. No. 208912. December 07, 2021 (Case Brief / Digest)

© 2024 - [Link] | 2

The doctrine established is that nonmarital children have the right to

inherit from their

ascendants by representation, notwithstanding the prohibition in

Article 992 of the Civil Code, in light of constitutional and international law
principles.

Class Notes:

1. Right of representation – allows descendants to inherit the share

that their immediate

ascendant would have received if they were alive.

2. Article 992 of the Civil Code – prohibits nonmarital children from

inheriting ab intestato

from the legitimate children and relatives of their parents and vice
versa.

3. DNA testing – a reliable and acceptable means for determining

filiation.

Historical Background:

In historical context, Article 992 of the Civil Code was understood to

codify societal animosity presumed to exist between nonmarital children and
the marital family. This case reevaluates that presumption against modern
views on child welfare and equal protection, aligning legal interpretations
with updated conceptions of family and legal obligations to protect
nonmarital children’s rights, including those under international treaties like
the U.N. Convention on the Rights of the Child. The decision signifies a pivot
from archaic discriminatory practices, reflecting a changing socio-legal
landscape and underscoring the judiciary’s role in amending outdated
doctrines.
 Republic Act No. 6725 May 12, 1989

AN ACT STRENGTHENING THE PROHIBITION ON

DISCRIMINATION AGAINST WOMEN WITH RESPECT TO TERMS AND
CONDITIONS OF EMPLOYMENT, AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTY-FIVE OF THE LABOR CODE, AS
AMENDED

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Article One hundred thirty-five of the Labor Code, as

amended, is hereby further amended to read as follows:

"Art. 135. Discrimination Prohibited. — It shall be unlawful for any

employer to discriminate against any woman employee with respect to terms
and conditions of employment solely on account of her sex.

"The following are acts of discrimination:

"(a) Payment of a lesser compensation, including wage, salary or other

form of remuneration and fringe benefits, to a female employee as against a
male employee, for work of equal value; and

"(b) Favoring a male employee over a female employee with respect to

promotion, training opportunities, study and scholarship grants solely on
account of their sexes.

"Criminal liability for the willful commission of any unlawful act as

provided in this article or any violation of the rules and regulations issued
pursuant to Section 2 hereof shall be penalized as provided in Articles 288
and 289 of this Code: Provided, That the institution of any criminal action
under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include
claims for damages and other affirmative reliefs. The actions hereby
authorized shall proceed independently of each other."

Section 2. The Secretary of Labor and Employment is hereby

authorized to promulgate the necessary guidelines to implement this Article
in accordance with the generally accepted practices and standards here and
abroad.

Section 3. This Act shall take effect fifteen (15) days from the date of
its publication in at least two (2) national newspapers of general circulation.
 REPUBLIC ACT No. 11210

An Act Increasing the Maternity Leave Period to One Hundred

Five (105) Days for Female Workers With an Option to Extend for an
Additional Thirty (30) Days Without Pay, and Granting an Additional
Fifteen (15) Days for Solo Mothers, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the

Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known and cited as

the "105-Day Expanded Maternity Leave Law".

Section 2. Declaration of Policy. — It is the declared policy of the State

under Article XIII, Section 14 of the 1987 Constitution to protect and promote
the rights and welfare of working women, taking into account them maternal
functions, and to provide an enabling environment in which their full
potential can be achieved.

Article II, State Policies, Section 12 of the 1987 Constitution provides

that the State recognizes the sanctity of family life and shall protect and
strengthen the family as the basic autonomous social institution and that it
shall equally protect the life of the mother and the life of the unborn from
conception. Moreover, Sections 17 and 22 of Republic Act No. 9710,
otherwise known as "The Magna Carta of Women", provides for women’s
rights to health and decent work.

To achieve these, and in recognition of women’s maternal function as a

social responsibility, the State shall institutionalize a mechanism to expand
the maternity leave period of women workers. This will provide them with
ample transition time to regain health and overall wellness as well as to
assume maternal roles before resuming paid work. This Act is consistent with
local and international legal instruments that protect and promote the rights
of women.

Section 3. Grant of Maternity Leave.— All covered female workers in

government and the private sector, including those in the informal economy,
regardless of civil status or the legitimacy of her child, shall be granted one
hundred five (105) days maternity leave with full pay and an option to
extend for an additional thirty (30) days without pay: Provided, That in case
the worker qualifies as a solo parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the worker shall be granted an additional fifteen
(15) days maternity leave with full pay.

Enjoyment of maternity leave cannot be deferred but should be availed

of either before or after the actual period of delivery in a continuous and
uninterrupted manner, not exceeding one hundred five (105) days, as the
case may be.

Maternity leave shall be granted to female workers in every instance of

pregnancy, miscarriage or emergency termination of pregnancy, regardless
of frequency: Provided, That for cases of miscarriage or emergency
termination of pregnancy, sixty (60) days maternity leave with full pay shall
be granted.

Section 4. Maternity Leave for Female Workers in the Public Sector.—

Any pregnant female worker in the government service, regardless of
employment status, in National Government Agencies (NGAs), Local
Government Units (LGUs), Government-Owned or -Controlled Corporations
(GOCCs), or State Universities and Colleges (SUCs), shall be granted a
maternity leave of one hundred five (105) days with full pay regardless if the
delivery was normal or caesarian: Provided, That, in case the employee
qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’
Welfare Act", the employee shall be paid an additional maternity benefit of
fifteen (15) days. An additional maternity leave of thirty (30) days, without
pay, can be availed of, at the option of the female worker: Provided,
further, That, the head of the agency shall be given due notice, in writing, at
least forty-five (45) days before the end of her maternity leave: Provided,
finally, That no prior notice shall be necessary in the event of a medical
emergency but subsequent notice shall be given to the head of the agency.

Maternity leave of sixty (60) days, with full pay, shall be granted for
miscarriage or emergency termination of pregnancy.

Section 5. Maternity Leave for Female Workers in the Private Sector.—

Any pregnant female worker in the private sector shall be granted a
maternity leave of one hundred five (105) days with full pay, regardless of
whether she gave birth via caesarian section or natural delivery, while
maternity leave of sixty (60) days with full pay shall be granted for
miscarriage or emergency termination of pregnancy.

(a) A female Social Security System (SSS) member who has paid at
least three (3) monthly contributions in the twelve (12)-month period
immediately preceding the semester of her childbirth, miscarriage, or
emergency termination of pregnancy shall be paid her daily maternity
benefit which shall be computed based on her average monthly salary credit
for one hundred five (105) days, regardless of whether she gave birth via
caesarian section or natural delivery, subject to the following conditions:

(1) That the female worker shall have notified her employer of her
pregnancy and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and regulations it may
provide;

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

(3) That payment of daily maternity benefits shall be a bar to the

recovery of sickness benefits provided under Republic Act No. 1161, as
amended, for the same period for which daily maternity benefits have been
received;

(4) That the SSS shall immediately reimburse the employer of one
hundred percent (100%) of the amount of maternity benefits advanced to
the female worker by the employer upon receipt of satisfactory and legal
proof of such payment; and

(5) That if a female worker should give birth or suffer a miscarriage or

emergency termination of pregnancy without the required contributions
having been remitted for her by her employer to the SSS, or without the
latter having been previously notified by the employer of the time of the
pregnancy, the employer shall pay to the SSS damages equivalent to the
benefits which said female member would otherwise have been entitled to.

In case the employee qualifies as a solo parent under Republic Act No.
8972, or the "Solo Parents’ Welfare Act", the employee shall be paid an
additional maternity benefit of fifteen (15) days.

(b) An additional maternity leave of thirty (30) days, without pay, can
be availed of, at the option of the female worker: Provided, That the
employer shall be given due notice, in writing, at least forty-five (45) days
before the end of her maternity leave: Provided, further, That no prior notice
shall be necessary in the event of a medical emergency but subsequent
notice shall be given to the head of the agency.

(c) Workers availing of the maternity leave period and benefits must
receive their full pay. Employers from the private sector shall be responsible
for payment of the salary differential between the actual cash benefits
received from the SSS by the covered female workers and their average
weekly or regular wages, for the entire duration of the maternity leave, with
the following exceptions, subject to the guidelines to be issued by the
Department of Labor and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises

employing not more than ten (10) workers;

(3) Those considered as micro-business enterprises and engaged in the

production, processing, or manufacturing of products or commodities
including agro-processing, trading, and services, whose total assets are not
more than Three million pesos (₱3,000,000.00); and

(4) Those who are already providing similar or more than the benefits
herein provided.

Provided, That said exemptions shall be subject to an annual

submission of a justification by the employer claiming exemption for the
approval of the DOLE.

Section 6. Allocation of Maternity Leave Credits.— Any female worker

entitled to maternity leave benefits as provided for herein may, at her
option, allocate up to seven (7) days of said benefits to the child’s father,
whether or not the same is married to the female worker: Provided, That in
the death, absence, or incapacity of the former, the benefit may be allocated
to an alternate caregiver who may be a relative within the fourth degree of
consanguinity or the current partner of the female worker sharing the same
household, upon the election of the mother taking into account the best
interests of the child: Provided, further, That written notice thereof is
provided to the employers of the female worker and alternate
caregiver: Provided, furthermore, That this benefit is over and above that
which is provided under Republic Act No. 8187, or the "Paternity Leave Act of
1996": Provided, finally, That in the event the beneficiary female worker dies
or is permanently incapacitated, the balance of her maternity leave benefits
shall accrue to the father of the child or to a qualified caregiver as provided
above.

Section 7. Maternity Leave for Women Regardless of Civil Status.— All

female workers in the government and female members of the SSS,
regardless of their civil status, shall be granted maternity leave, with full pay,
upon compliance with the preceding section.
 Section 8. Maternity Leave With Pay in Case of Childbirth,
Miscarriage, or Emergency Termination of Pregnancy After the Termination of
an Employee’s Service.— Maternity leave with full pay shall be granted even
if the childbirth, miscarriage, or emergency termination of pregnancy occurs
not more than fifteen (15) calendar days after the termination of an
employee’s service, as her right thereto has already accrued: Provided, That
such period is not applicable when the employment of the pregnant woman
worker has been terminated without just cause, in which case the employer
will pay her the full amount equivalent to her salary for one hundred five
(105) days for childbirth and sixty (60) days for miscarriage or emergency
termination of pregnancy based on her full pay, in addition to the other
applicable daily cash maternity benefits that she should have received had
her employment not been illegally terminated.

Section 9. Maternity Leave Credits.— The maternity leave can be

credited as combinations of prenatal and postnatal leave as long as it does
not exceed one hundred five (105) days and provided that compulsory
postnatal leave shall not be less than sixty (60) days.

Section 10. Maternity Leave Benefits for Women in the Informal

Economy and Voluntary Contributors to the SSS.— Maternity benefits shall
cover all married and unmarried women, including female workers in the
informal economy.

Female workers in the informal economy are entitled to maternity

leave benefits if they have remitted to the SSS at least three (3) monthly
contributions in the .twelve (12)-month period immediately preceding the
semester of her childbirth, miscarriage, or emergency termination of
pregnancy.

Section 11. Maternity Benefits for Female Workers Who are Non-
Members of the SSS.— Female workers who are neither voluntary nor regular
members of the SSS shall be governed by the Philippine Health Insurance
Corporation (PhilHealth) Circular No. 022-2014 or the "Social Health
Insurance Coverage and Benefits for Women About to Give Birth".

Section 12. Maternity Leave of a Female Worker With Pending

Administrative Case. — The maternity leave benefits granted under this Act
shall be enjoyed by a female worker in the government service and in the
private sector even if she has a pending administrative case.

Section 13. Maternity Leave for Female National Athletes.— In the

event a national athlete becomes pregnant, she will be referred to the team
physician or an accredited physician of the Philippine Sports Commission
(PSC) or an obstetrician-gynecologist to determine her fitness to continue
training. She will be allowed to participate in all team-related activities,
unless the physician advises that participation is not medically safe or should
be limited. Upon medical advice, she shall go on maternity leave until
cleared to return to training. She shall continue receiving her allowance and
be entitled to the same benefits while on maternity leave prior to childbirth
and up to six (6) months after, unless she can resume sooner as advised by
her physician, in which case, she will be entitled to the allowance and
benefits she had prior to pregnancy: Provided, That a female national athlete
employed in the public sector shall not receive double compensation or
benefits.

Section 14. Non-Diminution of Benefits. - Nothing in this Act shall be

construed as to diminish existing maternity benefits currently enjoyed
whether or not these are granted under collective bargaining agreements
(CBA) or present laws, if the same are more beneficial to the female worker.
Any other working arrangement which the female worker shall agree to,
during the additional maternity leave period, shall be allowed: Provided, That
this shall be consented to in writing by the female worker and shall primarily
uphold her maternal functions and the requirements of postnatal care.

Section 15. Security of Tenure. - Those who avail of the benefits of

this Act, whether in the government service or private sector, shall be
assured of security of tenure. As such, the exercise of this option by them
shall not be used as basis for demotion in employment or termination. The
transfer to a parallel position or reassignment from one organizational unit to
another in the same agency or private enterprise shall be
allowed: Provided, That it shall not involve a reduction in rank, status, salary,
or otherwise amount to constructive dismissal.1âwphi1

Section 16. Non-Discrimination. - No employer whether in the public

or private sector shall discriminate against the employment of women in
order to avoid the benefits provided for in this Act.

Section 17. Periodic Review. - The Civil Service Commission (CSC), the
DOLE, the SSS, and the Gender Ombud of the Commission on Human Rights
(CHR), in consultation with trade unions, labor organizations, and employers’
representatives shall within one (1) month after the effectivity of this Act
conduct a review of the maternity leave benefits of female workers in the
government service and the private sector, respectively. Thereafter, they
shall include maternity leave benefits in their valuation report conducted
every four (4) years for the SSS and the DOLE and every three (3) years for
the CSC, or more frequently as may be necessary, with the end in view of
meeting the needs of pregnant women and newly-born infants, and
improving their welfare.

Section 18. Penalties. - Whoever fails or refuses to comply with the

provisions of this Act shall be punished by a fine of not less than Twenty
thousand pesos (₱20,000.00) nor more than Two hundred thousand pesos
(₱200,000.00), and imprisonment of not less than six (6) years and one (1)
day nor more than twelve (12) years or both. If the act or omission penalized
by this Act shall be committed by an association, partnership, corporation, or
any other institution, its managing head, directors, or partners shall be liable
to the penalties provided in this Act for the offense.

Failure on the part of any association, partnership, corporation, or

private enterprise to comply with the provisions of this Act shall be a ground
for non-renewal of business permits.

Section 19. Implementing Rules and Regulations. - The CSC, the

DOLE, and the SSS shall issue the necessary rules and regulations for the
effective implementation of this Act within sixty (60) days from the effectivity
of the same.

Section 20. Separability Clause. - If any provision of this Act is

declared unconstitutional or otherwise invalid, the validity of the other
provisions shall not be affected thereby.

Section 21. Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.

Section 22. Effectivity. - This Act shall take effect after fifteen (15)
days from its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

VICENTE C. SOTTO III

President of the Senate
 This Act which is a consolidation of Senate Bill No. 1305 and House Bill
No. 4113 was passed by the Senate and the House of Representatives on
November 14, 2018 and November 19, 2018, respectively.

DANTE ROBERTO P. MALING

Acting Secretary General
House of Representatives

MYRA MARIE D. VILLARICA

Secretary of the Senate

Approved: February 20, 2019

(Sgd.) RODRIGO ROA DUTERTE

President of the Philippines

[ REPUBLIC ACT NO. 8187, June 11, 1996 ]

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

FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND
PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE
LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of

the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Paternity

Leave Act of 1996."

Section 2. Notwithstanding any law, rules and regulations to the

contrary, every married male employee in the private and public sectors
shall be entitled to a paternity leave of seven (7) days with full pay for the
first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
The male employee applying for paternity leave shall notify his employer of
the pregnancy of his legitimate spouse and the expected date of such
delivery. For purposes of this Act, delivery shall include childbirth or any
miscarriage.

Section 3. Definition of Term. – For purpose of this Act, Paternity

Leave refers to the benefits granted to a married male employee allowing
him not to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a child
or suffered a miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the nursing of the
newly-born child.1aшphi1

Section 4. The Secretary of Labor and Employment, the Chairman of

the Civil Service Commission and the Secretary of Health shall, within thirty
(30) days from the effectivity of this Act, issue such rules and regulations
necessary for the proper implementation of the provisions hereof.

Section 5. Any person, corporation, trust, firm, partnership,

association or entity found violating this Act or the rules and regulations
promulgated thereunder shall be punished by a fine not exceeding Twenty-
five thousand pesos (P25,000) or imprisonment of not less than thirty (30)
days nor more than six (6) months. If the violation is committed by a
corporation, trust or firm, partnership, association or any other entity, the
penalty of imprisonment shall be imposed on the entity's responsible
officers, including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or partner directly
responsible therefor.

Section 6. Nondiminution Clause. – Nothing in this Act shall be

construed to reduce any existing benefits of any form granted under existing
laws, decrees, executive orders, or any contract, agreement or policy
between employer and employee.

Section 7. Repealing Clause. – All laws, ordinances, rules, regulations,

issuances, or parts thereof which are inconsistent with this Act are hereby
repealed or modified accordingly.

Section 8. Effectivity. – This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in at least two (2) newspapers of
national circulation.

Approved, June 11, 1996.

The Lawphil Project - Arellano Law Foundation

 [ REPUBLIC ACT NO. 11861, June 04, 2022 ]

AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8972, ENTITLED
“AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO
PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of

the Philippines in Congress assembled:

Section 1. Section 1 of Republic Act No. 8972, entitled “An Act

Providing for Benefits and Privileges to Solo Parents and Their Children,
Appropriating Funds Therefor and for Other Purposes”, is amended to read as
follows:
 “Section 1. Title. – This Act shall be known as the ‘Expanded Solo
Parents Welfare Act.”

Section 2. Section 2 of Republic Act No. 8972 is amended to read as

follows:

“Section 2. Declaration of Policy. – It is the policy of the State to

promote a just and dynamic social order that ensures the prosperity and
independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a
rising standard of living and an improved quality of life. The State shall also
promote social justice in all phases of national development, value the
dignity of every human person and guarantee full respect for human
rights.7!ᕼdMᗄ7 Towards these ends, the government shall:

(a) Support the natural and primary rights and duty of solo parents in
rearing their children by providing for their basic needs, and extending to
them assistance in social service and welfare benefits, with the end in view
of uplifting their status and circumstances; and

(b) Adhere to international agreements and national laws on families.”

Section 3. Section 3 of Republic Act No. 8972 is amended to read as

follows:

“Section 3. Definition of Terms. – As used in this Act:

(a) Child minding centers refers to a facility or area within the

workplace or in accessible locations to the solo parent or workplace of the
guardian provided by the employer where the children of a solo parent
employee aged seven (7) years old and below are habitually received for
purposes of care and supervision during working hours;

(b) Children pr dependents refer to those living with and dependent

upon the solo parent for support who are unmarried, unemployed and
twenty-two (22) years old or below, or those over twenty-two (22) years old
but who are unable to fully take care or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition: Provided, That this definition shall only apply
for purposes of availing the benefits under this Act;

(c) Flexible work schedule refers to a work arrangement granted to

solo parent employee to vary the arrival and departure time in t he
workplace without affecting the core work hours as defined by the employer;
 (d) Parental care and support refer to the acts of providing for the basic
needs, health care, mental and physical safety, emotional support and
formation of the personality of the child;

(e) Parental leave refers to leave benefits granted to a solo parent to

enable the performance of parental duties and responsibilities where
physical presence is required or beneficial to the child; and

(f) Spouse refers to a husband or wife by virtue of a valid marriage or a

partner in a common-law relationship as defined under Article 147 of
Executive Order No. 209, otherwise known as “The Family Code of the
Philippines.”

Section 4. Section 4 of Republic Act No. 8972 is hereby repealed and

a new provision is inserted to read as follows:

“Section 4. Categories of Solo Parent. – A solo parent refers to any

individual who falls under any of the following categories:

(a) A parent who provides sole parental care and support of the child or
children due to –

(1) Birth as a consequence of rape, even without final

conviction: Provided, That the mother has the sole parental care and support
of the child or children: Provided, further, That the solo parent under this
category may still be considered a solo parent under any of the categories in
this section;

(2) Death of the spouse;

(3) Detention of the spouse for at least three (3) months or service of
sentence for a criminal conviction;

(4) Physical or mental incapacity of the spouse as certified by a public

or private medical practitioner;

(5) Legal separation or de facto separation for at least six (6) months,
and the solo parent is entrusted with the sole parental care and support of
the child or children;

(6) Declaration of nullity or annulment of marriage, as decreed by a

court recognized by law, or due to divorce, subject to existing laws, and the
solo parent is entrusted with the sole parental care and support of the child
or children; or

(7) Abandonment by the spouse for at least six (6) months;

 (b) Spouse or any family member of an Overseas Filipino Worker
(OFW), or the guardian of the child or children of an OFW: Provided, That the
said OFW belongs to the low/semi-skilled worker category and is away from
the Philippines for an uninterrupted period of twelve (12)
months: Provided, further, That the OFW, his or her spouse, family member,
or guardian of the child or children of an OFW falls under the requirements of
this section;

(c) Unmarried mother or father who keeps and rears the child or
children;

(d) Any legal guardian, adoptive or foster parent who solely provides
parental care and support to a child or children;

(e) Any relative within fourth (4th) civil degree of consanguinity or

affinity of the parent or legal guardian who assumes parental care and
support of the child or children as a result of the death, abandonment,
disappearance or absence of the parents or solo parent for at least six (6)
months: Provided, That in cases of solo grandparents who are senior citizens
but who have the sole parental care and support over their grandchildren
who are unmarried, or unemployed and twenty-two (22) years old or below,
or those twenty-two (22) years old or over but who are unable to fully take
care or protect themselves from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition, they
shall be entitled to the benefits of this Act in addition to the benefits granted
to them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior
Citizens Act of 2003’; or

(f) A pregnant woman who provides sole parental care and support to
the unborn child or children.”

Section 5. Section 5 of Republic Act No. 8972 is amended to read as

follows:

“Section 5. Comprehensive Package of Social Protection Services. – A

comprehensive package of social protection services for solo parents and
their families shall be developed by the Secretary of the Department of
Social Welfare and Development (DSWD) in coordination with the heads of
the Department of Health (DOH), Department of Education (DepEd),
Commission on Higher Education (CHED), Technical Education and Skills
Development Authority (TESDA), Department of Labor and Employment
(DOLE), Department of Finance (DOF), Department of Migrant Workers
(DMW), Department of Justice (DOJ), National Housing Authority (NHA),
Department of the Interior and Local Government (DILG), Department of
Trade and Industry (DTI), Bureau of Internal Revenue (BIR), Civil Service
Commission (CSC), Philippine Health Insurance Corporation (PhilHealth),
National Economic and Development Authority (NEDA), Philippine
Commission on Women (PCW), Union of Local Authorities of the Philippines
(ULAP), local government units (LGUs) and other concerned
nongovernmental organizations (NGOs) with recognized credentials in
providing services for solo parents.

The DSWD shall coordinate with the concerned agencies the

implementation of the comprehensive package of social protection services
for solo parents and their families. The package shall initially include:

(a) x x x;

(b) x x x;

(c) x x x ;

(d) x x x; and

(e) Targeted interventions for individuals in need of protection which

include temporary shelter, counseling, legal advice and assistance, medical
care, self-concept or ego-building, crisis management and spiritual
nourishment."

Section 6. Section 7 of Republic Act No. 8972 is amended to read as

follows:

"Section 7. Work Discrimination. - No employer shall discriminate

against any solo parent employee with respect to terms and conditions of
employment on account of his or her status. Employers may enter into
agreements with their solo parent employees for a telecommuting program,
as provided in Republic Act No. 11165, otherwise known as the
'Telecommuting Act': Provided, That said solo parent employees shall be
given priority by their employer."

Section 7. Section 7 of Republic Act No. 8972 is hereby amended to

read as follows:

"Section 8. Parental Leave. - In addition to leave privileges under

exiting laws, a forfeitable and noncumulative parental leave of not more than
seven (7) working days with pay every year shall be granted to any solo
parent employee, regardless of employment status, who has rendered
service of at least six (6) months: Provided, That the parental leave benefit
may be availed of by the solo parent employees in the government and the
private sector."

Section 8. Section 9 of Republic Act No. 8972 is hereby amended to

read as follows:

"Section 9. Educational Benefits. - The DepEd, CHED, and TESDA shall

provide scholarship programs for solo parents and a full scholarship for one
(1) child of a solo parent in institutions of basic, higher and technical
vocational shills education: Provided, That the said solo parent or child of a
solo parent has all the qualifications set for the scholarship program of the
DepEd, CHED, or TESDA: Provided, further, That the other children, if any, of
a solo parent shall be given priority in the education programs under
Republic Act No. 10687, otherwise known as the 'Unified Student Financial
Assistance System for Tertiary Education (UniFAST) Act', Republic Act No.
10931 otherwise known as the 'Universal Access to Quality Tertiary Education
Act', and other laws relating to education programs of the government. Non-
formal education programs appropriate for solo parents and their children
may, likewise be provided.

For purposes of this section, the children must be dependent on the

solo parent for support, unmarried, unemployed, and twenty0two (22) years
of age or below.

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

Section 9. Section 10 of Republic Act No. 8972 is hereby repealed and

a new provision is inserted to read as follows:

"Section 10. Child Minding Centers. - The DOLE and the CSC shall
promote and encourage the establishment of appropriate child minding
centers within the workplace, or in accessible locations to the workplace or
residence of the solo parent."

Section 10. A new section to be denominated as Section 13 of the

same Act is hereby added to read as follows:

"Section 13. Breastfeeding in the Workplace. - In keeping with the

policy of the State under Republic Act No. 10028, otherwise known as the
'Expanded Breastfeeding Promotion Act of 2009', the DOLE and the CSC shall
continue to encourage working mothers, who are solo parents, to practice
breastfeeding in the workplace."

Section 11. A new section to be denominated as Section 14 of the

same Act is hereby added to read as follows:

"Section 14. Social Safety Assistance. - During disasters, calamities,

pandemics, and other public health crises as may be declared by the DOH,
the solo parents and their children are entitled to social safety assistance
such as food, medicines, and financial aid for domicile repair in the LGUs
where the solo parents and their children are residing, subject to the
guidelines of the DSWD. The LGUs shall ensure that the budget for social
safety assistance is included in the calamity funds of LGUs."

Section 12. A new section to be denominated as Section 15 of the

same Act is hereby added to read as follows:

"Section 15. Additional Benefits. - A solo parent shall be entitled to

the following additional benefits:

(a) Means-, pension-, and subsidy-tested monthly cash subsidy of One

thousand pesos (P1,000.00) per month per solo parent who is earning a
minimum wage and below, to be allocated by the concerned city or
municipal govenrment in accordance with Section 17(b)(2)(iv) of the Local
Government Code: Provided, That for fifth (5th) class municipalities and
lower, as well as the five hundred (500) municipalities with the highest
poverty incidence based on the latest municipal-level small area poverty
estimates, cash subsidy allocations may be taken from the Gender and
Development (GAD) budget and the amount of cash subsidy per recipient
may be dependent on the amount of the GAD budget: Provided, further, That
the solo parent under this section is not a recipient of any other cash
assistance or subsidy from any other government
programs: Provided, finally, That a beneficiary who is also a senior citizen or
a person with disability (PWD) may continue receiving senior citizen or PWD
benefits without forfeiting the benefits under this Act;

(b) A ten percent (10%) discount and exemption from the value-added
tax (VAT) on baby's milk, food and micronutrient supplements, and sanitary
diapers purchased, duly prescribed medicines, vaccines, and other medical
supplements purchased from the birth of the child or children until six (6)
years of age of a solo parent who is earning less than Two hundred fifty
thousand pesos (P250,000.00) annually, subject to adjustment in accordance
with the provisions on the exempt taxable income under the National Internal
Revenue Code (NIRC), as amended by Republic Act No. 10963, otherwise
known as the "Tax Reform for Acceleration and Inclusion
(TRAIN)': Provided, That nothing in this section shall violate the provisions of
Republic Act No. 10028, otherwise known as the 'Expanded Breastfeeding
Promotion Act of 2009';

(c) Automatic coverage under the National health Insurance Program

(NHIP) being administered by the PhilHealth with premium contributions to
be paid by the National Government: Provided, That the premium
contribution of solo parents in the formal economy shall be shared equally by
their employees and the National Government;

(d) Prioritization of solo parents, particularly solo mothers in re-

entering the work force, and their children as applicable, in apprenticeships,
scholarships, livelihood training, reintegration programs for OFWs,
employment information and matching services, and other poverty
alleviation programs of the TESDA, DTI, CHED, DepEd, DOLE, DMW and other
related government agencies, subject to the standard eligibility and
qualifications; and

(e) Prioritization and allocation in housing projects with liberal terms of

payment on government low-cost housing projects in accordance with
housing law provisions prioritizing applicants below poverty line as declared
by the Philippine Statistics Authority (PSA).

To avail of the additional benefits under this section, the solo parent
shall present a Solo Parent Identification Card (SPIC): Provided, That in
availing the additional benefits under paragraph (2) of this section, the solo
parent booklet shall also be presented."

Section 13. A new section to be denominated as Section 16 of the

same Act is hereby added to read as follows:

"Section 16. Limitation and Termination of the Benefits of a Solo

Parent. - Only a solo parent exercising sole parental care and support of the
child or children is entitled to claim the benefits of solo parent under this
Act: Provided, That a solo parent shall not lose his or her status as solo
parent if the other parent provides occasional assistance and/or seasonal
gifts that do not meet the legal requirement of support under The Family
Code of the Philippines: Provided, further, That the absence of a valid and
legal marriage between the mother and father of a child or dependent doe
snot automatically entitle either individual to the benefits under this Act if
the factual circumstances demonstrate that parental care and support are
shared.

When a solo parent, as defined under this Act, ceases to be such by

reason of change of status and circumstances, the said solo parent shall be
ineligible to avail of the benefits under this Act."

Section 14. A new section to be denominated as Section 17 of the

same Act is hereby added to read as follows:

"Section 17. The Solo Parents Office or Division. - There shall be

established a Solo Parent Office (SPO) in every province and city and a Solo
Parent Division (SPD) under the Municipal Social Welfare and Development
Office in every municipality.

The head of the SPO must be a licensed social worker and the head of
the SPD must possess a bachelor's degree.

The head of the SPO and SPD shall hold permanent position with at
least a Salary Grade 12 and Salary Grade 10, respectively, and shall be
appointed by the governor or mayor, as the case may be.

The SPO shall have at least three (3) staff members while the SPD shall
have at least one (1) staff member.

The offices of the governor, mayor or social welfare office, as the case
may be, shall exercise supervision over the SPO or SPD relative to their
plans, programs and activities. The SPO or SPD shall establish linkages and
work together with accredited civil society and nongovernmental
organizations, political organizations, and the barangays in their respective
areas.

The SPO or SPD shall:

(a) Plan, implement, and monitor yearly work programs in pursuance of

the objectives of this Act;

(b) Draw up a list of available and required services from the solo
parents;

(c) Maintain and regularly update, on a quarterly basis, the list of solo
parents and issue free SPIC;

(d) Issue free booklets to solo parents;

(e) Serve as a general information and liaison center for solo parents;
 (f) Monitor compliance with the provisions of this Act, particularly the
grant of privileges and additional benefits;

(g) Report to the governor, mayor or office of the social welfare, any
individual, establishment, business entity, institution or agency that violates
any any provision of this Act;

(h) Assist the solo parents in filing the complaints against any
individual, establishment, business entity, institution or agency that refuses
or fails to provide the privileges and additional benefits of solo parents
granted under this Act; and

(i) Provide such other services as may be required under this Act."

Section 15. A new section to be denominated as Section 18 of the

same Act is hereby added to read as follows:

"Section 18. Recording and Maintaining a Solo Parents

Database. - The DSWD, in coordination with the DILG, shall establish and
maintain a centralized database of all solo parents who have been issued
SPIC or booklets by the SPOs and SPDs. To this end, the LGUs shall submit
the list of solo parents receiving benefits under this Act to the DSWD on a
quarterly basis.

In cases of multiple entries or other badges of fraud, the DSWD shall

notify the concerned LGU for its appropriate action."

Section 16. A new section to be denominated as Section 19 of the

same Act is hereby added to read as follows:

"Section 19. Documentary Requirements. - For purposes of

registration and issuance of SPIC and booklet, the solo parent shall submit
authenticated or certified true copies of the following documents to the SPO
or SPD where the solo parent resides:

(a) For the solo parent with child or children as a consequence of rape
falling under Section 4(a)(1) of this Act:

(1) Birth certificate/s of the child or children;

(2) Complaint affidavit;

(3) Medical record on the incident of rape; and

(4) Sworn affidavit declaring that the solo parent has the sole parental
care and support of the child or children at the time of the execution of
affidavit: Provided, That for purposes of issuance of subsequent SPIC or
booklet, only the sworn affidavit shall be submitted every year.

(b) For the solo parent on account of the death of the spouse falling
under Section 4(a)(2) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Death certificate of the spouse; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner of co-parent, and has the sole parental care and support of the
child or children: Provided, That for purposes of issuance of subsequent SPIC
or booklet, only the sworn affidavit shall be submitted every year.

(c) For the solo parent on account of the detention or criminal

conviction of the spouse falling under Section 4(a)(3) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Certificate of detention or a certification that the spouse is serving

sentence for at least three (3) months issued by the law enforcement agency
having actual custody of the detained spouse, or commitment order issued
by the court pursuant to a conviction of the spouse; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(d) For solo parent on account of physical or mental incapacity of the

spouse falling under Section 4(a)(4) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate or affidavit of cohabitation;

(3) Medical record or medical abstract evidencing the physical or

mental state of the incapacitated spouse issued not more than three (3)
months before the submission; and
 (4) Sworn affidavit that the solo parent is not cohabiting with a partner
or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(e) For the solo parent on account of legal or de facto separation of

spouse falling under Section 4(a)(5) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Judicial decree of legal separation of the spouses or, in the case
of de facto separation, an affidavit of two (2) disintegrated persons attesting
to the fact of separation of the spouses; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(f) For the solo parent on account of declaration of nullity or annulment

of marriage falling under Section 4(a)(6) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Judicial decree of nullity or annulment of marriage or judicial

recognition of foreign divorce; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(g) For the solo parent on account of abandonment by the spouse

falling under Section 4(a)(7) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate or affidavit of the applicant solo parent;

 (3) Affidavit of two (2) disinterested persons attesting to the
abandonment of the spouse;

(4) Police or barangay record of the fact of abandonment; and

(5) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, only sworn affidavit shall be submitted every year

(h) For the spouse or any family member of an OFW falling under
Section 4(b) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate of the applicant;

(3) Overseas Employment Certificate (OEC) or its equivalent document;

(4) Copy of passport stamps showing continuous twelve (12) months of

overseas work;

(5) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3), (4), (5), and (6) under this paragraph shall
be submitted every year.

(i) For the unmarried father or mother who keeps and rears the child or
children falling under Section 4(c) of this Act:

(1) Birth certificate/s of the child or children;

(2) Certificate of No Marriage (CENOMAR);

(3) Affidavit of a barangay official attesting that the solo parent is a

resident of the barangay and that the children are under the parental care
and support of the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (2), (3) and (4) under this paragraph shall be
submitted every year.

(j) For the solo parent who is a legal guardian, adoptive or foster parent
falling under Section 4(d) of this Act:
 (1) Birth certificate/s of the child or children;

(2) Proof of guardianship, foster care or adoption;

(3) Affidavit of a barangay official attesting that the solo parent is a

resident of the barangay and that the children are under the parental care
and support of the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(k) For any relative within the fourth (4th) civil degree of consanguinity
or affinity of the parent or legal guardian who assumes parental care and
support of the child or children falling under Section 4(e) of this Act:

(1) Birth certificate/s of the child or children;

(2) Death certificate of the parents or legal guardian, or police

or barangay records evidencing the fact of disappearance or absence of the
parent or legal guardian for at least six (6) months;

(3) Affidavit of a barangay official attesting that the solo parent is a

resident of the barangay and that the children are under the parental care
and support of the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(l) For the solo parent who is pregnant woman falling under Section 4(f)
of this Act:

(1) Medical record of her pregnancy;

(2) Affidavit of a barangay official attesting that the solo parent is a

resident of the barangay and that the children are under the parental care
and support of the applicant solo parent; and

(3) Sworn affidavit declaring that the solo parent is not cohabiting with
a partner or co-parent, and has sole parental care and support of the child or
children.
 (m) For the solo parent availing subsidy and discounts provided for
under Section 15, paragraphs (1) and (2) of this Act, the following additional
documentary requirements shall be submitted:

(1) Affidavit of no employment;

(2) Income Tax Return (ITR);

(3) Social case study issued by the DSWD; or

(4) Any verifiable proof of income.

Custodians of the documents, records, data or information shall ensure

the utmost confidentiality of the same, in compliance with Republic Act No.
10173, otherwise known as the 'Data Privacy Act of 2012'."

Section 17. A new section to be denominated as Section 20 of the

same Act is hereby added to read as follows:

"Section 20. SPIC and Booklet. - The SPO of the province or city, or
the SPD of the municipality shall review and verify the documents submitted
by the applicant and shall issue the SPIC and booklet, if applicable, within
seven (7) working days from receipt of complete documents. In case of
dispute, the Municipal/City/Provincial Social Welfare and Development Office
(M/C/PSWDO), as the case may be, shall resolve the same within five (5)
working days.

The SPIC and booklet are valid for one (1) year."

Section 18. A new section to be denominated as Section 21 of the

same Act is hereby added to read as follows:

"Section 21. National Solo Parents Day and Week. - To commemorate

the role and significance of every solo parent in the Philippines, the third
week and third Saturday of April of every year are hereby declared as Solo
Parents Week and National Solo Parents Day, respectively."

Section 19. A new section to be denominated as Section 22 of the

same Act is hereby added to read as follows:

"Section 22. Abused, Abandoned, or Neglected Solo parents or Solo

Parents Who are Victims of Domestic Violence. - In cases where a solo parent
has been abused, abandoned, or neglected by his or her co-parent, he or she
may seek the help of the DSWD, which, in turn, shall coordinate with the
respective barangay officials and/or police officers assigned in the nearest
Philippine National Police station where the abused, abandoned, or neglected
parent resides, in order to provide immediate assistance. If the co-parent is
gainfully employed, the abused, abandoned, or neglected parent shall have
the right to retain a portion of the former's income, to be agreed upon by
both parents or by a valid order issued by a court of competent jurisdiction,
for the support of the child."

Section 20. A new section 23 is hereby inserted to read as follows:

"Section 23. Special Protections for Adolescent Solo Parents. - In

addition to the provisions of this Act, adolescent solo parents, including
victims of child marriages, shall also be provided with assistance from the
DSWD and the DOH which may include counseling and psycho-social
services, and from the DepEd, CHED, and TESDA in the form of home-based,
in-school, or technical education, as warranted."

Section 21. A new section to be denominated as Section 24 of the

same Act is hereby added to read as follows:

"Section 24. Inter-Agency Coordinating and Monitoring

Committee. - An Inter-Agency Coordinating and Monitoring Committee
(IACMC) is hereby established and is composed of the following:

(a) Chairperson - Secretary of the Social Welfare and Development;

(b) Vice-Chairperson - Secretary of the Interior and Local Government;

(c) Members:

(1) Secretary of Finance;

(2) Secretary of Health;

(3) Secretary of Education;

(4) Secretary of Labor and Employment;

(5) Secretary of Trade and Industry;

(6) Secretary of Justice;

(7) Secretary of DMW;

(8) Chairperson of CHED;

(9) Chairperson of CSC;

(10) Chairperson of PCW;

(11) Director General of NEDA;

 (12) Director General of TESDA;

(13) General Manager of NHA;

(14) President of PhilHealth;

(15) Representative of ULAP; and

(16) Representative of civil society and nongovernmental organizations

with recognized credentials in providing services to solo parents to be
appointed by the Secretary of the DSWD.

The Chairperson, Vice-Chairperson and members of the IACMC shall

meet quarterly and shall submit a report to Congress on the implementation
of this Act every three (3) years from the establishment of the IACMC. They
may designate their respective representatives who must have at least a
rank of Assistant Secretary or its equivalent.

The IACMC shall accurately gather demographic data on the solo

parents and their children, by utilizing the Community-based Monitoring
System (CBMS) under Republic Act No. 11315, otherwise known as the
'Community-Based Monitoring Systems Act'.1aшphi1 The PSA shall conduct
every four (4) years an updated demographic survey on solo parents and
their children."

Section 22. A new section to be denominated as Section 25 of the

same Act is hereby added to read as follows:

"Section 25. Joint Congressional Oversight Committee on Solo

Parents. - There is hereby created a Joint Congressional Oversight Committee
on Solo Parents (JCOCSP), to monitor the implementation of this Act. The
JCOCSP shall set the overall framework for reviewing the implementation of
this Act, determining inherent vulnerabilities in the law, and recommending
the necessary legislative or executive measures.

The JCOCSP shall be composed of five (5) senators and five (5)
representatives to be appointed by the Senate President and House Speaker,
respectively.+3u.7!ydmb7 The JCOCSP shall be co-chaired by the
Chairpersons of the Committee on Revisions of Laws of the House of
Representatives and the Committee on Women, Children, Family Relations
and Gender Equality of the Senate."

Section 23. A new section to be denominated as Section 26 of the

same Act is hereby added to read as follows:
 "Section 26. Prohibited Acts and Penalties. - (a) Any person,
corporation, entity or agency that refuses or fails to provide the benefits
granted to the solo parent in violation of this Act shall suffer the following
penalties:

(1) For the first violation - a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) or
imprisonment of not less than six (6) months but not more than one (1) year,
or both, at the discretion of the court.

(2) For any subsequent violation - a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than Two hundred thousand
pesos (P200,000.00) or imprisonment of not less than than one (1) year but
not more than two (2) years, or both at the discretion of the court.

If the offender is a corporation, partnership, organization or any similar

entity, the officials and employees who directly participated in the violation/s
shall be held liable.

The proper authorities may, after due notice and hearing, also cause
the cancellation or revocation of the business permit, permit to operate,
franchise and other similar privileges granted to any business that fails to
abide by the provisions of this Act.

If the offender is a foreigner, the foreigner shall be deported

immediately after service of sentence without further deportation
proceedings.

(b) Any person who misrepresents status or falsifies any document to

avail of the benefits, ot cause another person to avail or be denied of the
benefits provided under this Act, or any person who abuses the privileges
and benefits granted herein shall be punished with a fine of not more than
Fifty thousand pesos (P50,000.00) and imprisonment of not less than six (6)
months but not more than one (1) year, or both, at the discretion of the
court.

When the offender or the person responsible for the offenses

punishable under paragraphs (a) and (b) of this section is a public officer or
employee as defined in Executive Order No. 292, or the 'Administrative Code
of 1987', and the offense was committed in the exercise of official duties,
such officer or employee shall suffer the penalty of removal from office and
perpetual disqualification from holding public office, in addition to the
penalty provided in the preceding paragraph.
 The penalties under this Act shall be without prejudice to the
imposition of higher penalties existing under other laws."

Section 24. Section 13 of the same Act is hereby amended and

renumbered as Section 27, to read as follows:

"Section 27. Implementing Rules and Regulations. - Within ninety (90)

days from the approval of this Act, the Secretary of Social Welfare and
Development shall, in consultation and coordination with the members of the
IACMC, as provided for under Section 24 of this Act, issue the necessary rules
and regulations for the effective implementation of this Act."

Section 25. Section 14 of the same Act is hereby amended and

renumbered as Section 28, to read as follows:

"Section 28. Appropriations. - The amount necessary to carry out the

provisions of this Act shall be included in the budget of the concerned
government agencies in the General Appropriations Act (GAA).

Government agencies and LGUs may also utilize a portion of their

respective GAD budget to implement this Act anchored on the guidelines
issued by the Department of Budget and Management, NEDA and PCW."

Section 26. Section 15 and 16 of the same Act shall be renumbered

as hereby renumbered in this Act as Sections 29 and 30, respectively.

Section 27. Section 17 of the same Act is hereby amended and

renumbered as Section 31, to read as follows:

"Section 31. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.
 ### Title:
Philippine Telegraph and Telephone Company v. National Labor Relations
Commission and Grace de Guzman

### Facts:
1. **Initial Employment**: Grace de Guzman was initially hired by the
Philippine Telegraph and Telephone Company (PT&T) as a reliever for a fixed
period from November 21, 1990, until April 20, 1991, replacing an employee
on maternity leave. She signed a Reliever Agreement wherein her
employment was to end upon the expiration of the agreed period.

2. **Successive Engagements**: De Guzman was re-engaged by PT&T

for similar brief reliever stints during June 10, 1991 – July 1, 1991, and July
19, 1991 – August 8, 1991, replacing another employee on leave. Her
services were terminated after the respective periods ended.
 3. **Probationary Employment**: On September 2, 1991, PT&T
employed de Guzman as a probationary employee for 150 days. In her job
application, she declared herself single despite having been married on May
26, 1991.

4. **Memorandum and Termination**: PT&T’s Baguio City branch

supervisor discovered the discrepancy and on January 15, 1992, asked de
Guzman to explain. She responded on January 17, 1992, claiming ignorance
of the company’s policy against employing married women and asserted no
deliberate concealment of her status. PT&T dismissed de Guzman on January
29, 1992.

5. **Complaint and Admission**: De Guzman initiated a complaint for

illegal dismissal and non-payment of cost of living allowances (COLA) with
the National Labor Relations Commission (NLRC) in Baguio City. She
admitted, during the preliminary conference, to failing to remit P2,380.75 of
her collections; however, this was resolved via a promissory note.

6. **Labor Arbiter’s Decision**: On November 23, 1993, the labor

arbiter declared de Guzman had gained regular employee status and was
illegally dismissed due to the discriminatory company policy against married
women. Reinstatement with back wages and COLA payment were ordered.

7. **NLRC’s Decision**: The NLRC upheld the labor arbiter’s decision on

April 29, 1994, affirming the illegal dismissal but modifying it to impose a
three-month suspension for de Guzman’s admitted act of dishonesty. PT&T’s
motion for reconsideration was denied on November 9, 1994, prompting the
petition to the Supreme Court.

### Issues:
1. **Whether PT&T’s policy against the employment of married women
violates Article 136 of the Labor Code.**
2. **Whether Grace de Guzman’s concealment of her marital status
constitutes sufficient ground for dismissal.**
3. **Whether the act of misappropriating company funds justified the
termination.**

### Court’s Decision:

1. **On PT&T’s Marriage Policy**:
– Article 136 of the Labor Code expressly prohibits discrimination against
women on the ground of marriage. The Court ruled that PT&T’s policy of not
accepting married women contravened this article.
– The Court observed that the dismissal was primarily on the basis of the
company’s discriminatory policy, rather than de Guzman’s alleged
dishonesty.
– PT&T’s reasoning that de Guzman was dismissed for dishonesty
(concealing her marital status) was seen as a pretext to enforce its unlawful
anti-marriage policy.

2. **On the Concealment Issue**:

– The concealment of marital status by de Guzman, in this context, was
driven by PT&T’s discriminatory policy. The Court concluded that this action
was not in bad faith since she misrepresented her status to avoid dismissal
due to an illegal company policy.
– The Court held PT&T accountable for the unlawful policy that necessitated
the concealment.

3. **On Misappropriation of Funds**:

– The Court noted that the issue of misappropriated funds was not raised as
a dismissal ground at the time of termination but was brought up during
litigation.
– It held that this matter was peripheral and correctly dealt with by a
promissory note established during the proceedings.

### Doctrine:
– **Article 136 of the Labor Code**: It’s unlawful for employers to require
that a woman not get married as a condition of employment or continued
employment, or to terminate her employment if she gets married.
– **Principle of Anti-Discrimination**: Employment policies must not
discriminate based on gender, especially policies around marital status.
– **Due Process in Employment**: Dismissals must be based on valid and
justifiable grounds, not on illegal policies or pretexts.

### Class Notes:

– **Article 136 of the Labor Code**: Prohibits stipulations against marriage as
a condition of employment.
– **Gender Equality in Employment**: Derived from constitutional
protections and labor laws, emphasizing non-discrimination and equality of
employment opportunities for all genders.
– **Due Process and Fair Dismissal**: Concept of valid and just cause as pre-
requisite for lawful dismissal of employees.

### Historical Background:

This case emerged in a historical context where traditional prejudices against
women in the workplace were being challenged by evolving labor laws and
constitutional guarantees. The case underscores the ongoing effort to
eliminate gender-based discrimination and enforce equal protection and
equal opportunity principles enshrined in various legal instruments and
conventions, notably the United Nations Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), to which the Philippines is
a signatory.

Case Digest (A.M. No. P-08-2590)

Facts:

 Julie Ann C. Dela Cueva filed a complaint against Selima B. Omaga, a

Court Stenographer I at the Municipal Trial Court in Calauan, Laguna,
on June 15, 2007.

 The complaint accused Omaga of immorality.

 Julie Ann is the legal wife of P/Supt. Nestor Dela Cueva, with whom she
has three children.
 The couple separated on November 30, 1994, due to Nestor's infidelity.

 Julie Ann cohabited with two different men, William Castillo and
Justiniano Montillano, and had children with both.

 On May 31, 2007, Nestor filed a Petition for Declaration of Nullity of

Marriage, citing his psychological incapacity.

 Julie Ann filed criminal complaints for bigamy and concubinage against
Nestor and Omaga, which were dismissed by the provincial prosecutor
on August 24, 2007.

 Julie Ann also filed an administrative complaint against both her

husband and Omaga.

 Omaga defended herself, stating she met Nestor in 1995 and was
unaware of his marital status until the bigamy and concubinage case
was filed.

 Omaga had three children with Nestor but claimed they never lived
together.

 The Office of the Court Administrator recommended suspending

Omaga for six months and one day.

 The complainant later withdrew her complaint, realizing that Omaga

and her husband never lived together.

 Judge Agripino G. Morga, assigned to investigate, recommended

absolving Omaga from administrative liability due to lack of evidence
and the complainant's withdrawal.

Issue:

1. Is the respondent, Selima B. Omaga, guilty of immoral conduct?

Ruling:

 The Supreme Court dismissed the complaint for disgraceful and

immoral conduct against Selima B. Omaga.

Ratio:

 Administrative actions cannot depend on the will or pleasure of the

complainant; public interest is at stake in the conduct of judiciary
employees.
  The Court has the power and duty to pursue administrative matters
regardless of the complainant's desistance.

 Public office is a public trust, and judiciary employees are held to

higher standards of morality and decency.

 Immorality includes conduct inconsistent with rectitude and indicative

of corruption or moral indifference.

 Engaging in sexual relations with a married man violates these

standards.

 Omaga claimed she was unaware of Nestor's marital status and ended
the relationship upon learning the truth.

 The Court found her assertion plausible, noting the lack of concrete
evidence to refute her defense.

 Administrative penalties must be supported by substantial evidence,

which was insufficient in this case.

 Condemning Omaga for being an unmarried mother of three without

clear evidence would be discriminatory.

 Therefore, the complaint was dismissed.

G.R. No. 228236. January 27, 2021 (Case Brief / Digest) © 2024 -
[Link] | 1 ### Title: **House of Representatives Electoral Tribunal vs.
Daisy B. Panga-Vega (Special Leave Benefit Dispute)**
 ### Facts: The factual backdrop of this case involves a series of
events relating to Atty. Daisy B. PangaVega (Panga-Vega), who was then the
Secretary of the House of Representatives Electoral Tribunal (HRET),
requesting and subsequently attempting to return from a special leave
benefit under RA No. 9710, also known as the Magna Carta of Women. 1.
**Initial Request and Approval**: On February 2, 2011, Panga-Vega requested
a 15-day special leave benefit to undergo hysterectomy, scheduled from
February 7-25, 2011, not to exceed two months. The HRET approved this
request the following day. 2. **Medical Procedures and Return**: After
undergoing hysterectomy on February 7, 2011, Panga-Vega informed the
HRET Chairperson on March 7, 2011, of her intention to resume duties and
presented a medical certificate indicating no contraindications to resume
light to moderate activities. Subsequent medical certificates clarified her
fitness to work. 3. **HRET’s Directive and Panga-Vega’s Reconsideration**:
Despite her readiness, the HRET directed Panga-Vega to consume her 2-
month special leave, citing her need for recovery and pending investigation
of alleged minutes tampering. Panga-Vega’s reconsideration was denied by
the HRET. 4. **CSC and CA Involvement**: Panga-Vega appealed to the Civil
Service Commission (CSC), which ruled in her favor, asserting her right to
return to work post-medically certified recovery, contradicting the HRET’s
directive. The HRET’s subsequent petitions to the CSC and the Court of
Appeals (CA) failed, with both bodies affirming Panga-Vega’s stance.

### Issues: 1. Whether the HRET possessed the legal authority to file
the petition

. 2. Whether the rules on maternity leave can be supplementally

applied to the special leave benefit under RA No. 9710.

3. Whether Panga-Vega complied with the CSC Guidelines warranting

her early return from special leave.

### Court’s Decision: The Supreme Court unequivocally addressed

each issue: G.R. No. 228236. January 27, 2021 (Case Brief / Digest) © 2024 -
[Link] |

2 1. **Authority to File**: It was determined that the HRET lacked legal

capacity to initiate the case due to the absence of express authorization by
the Office of the Solicitor General (OSG).

2. **Suppletory Application**: The Court found it just and consonant with

the spirit and intent of RA No. 9710 to suppletorily apply maternity
leave rules to the special leave benefit, emphasizing the law’s aim to
protect women’s health and welfare. 3. **Compliance with CSC
Guidelines**: The Court affirmed that Panga-Vega’s submission of
medical certificates was sufficient to demonstrate her fitness to return
to work, thereby warranting her early return. ### Doctrine: This case
reiterates the importance of interpretative liberalism in favor of the
beneficiaries of social legislation (in this case, women covered by the
Magna Carta of Women), particularly when their health and welfare are
at stake. ### Class Notes: – **Special Leave Benefit under RA No.
9710**: Entitles a woman with at least six months of aggregate
employment service in the last 12 months to a two-month leave with
full pay following surgery caused by gynecological disorders. –
**Suppletory Application Principle**: The rules on maternity leave can
supplementally apply to special leave benefits, demonstrating the
State’s duty to protect the welfare of women. – **Legal Representation
of Government Agencies**: Agencies must have explicit authorization
from the OSG or must have the OSG representing them in legal
proceedings, unless otherwise stated. ### Historical Background: This
case highlights the evolving legal landscape regarding employees’
rights, particularly concerning women’s health issues, under Philippine
law. It underscores how judicial interpretation and administrative
guidelines adapt to uphold the principles of significant social legislation
like the Magna Carta of Women, enacted to advance women’s rights
and welfare in various aspects including employment.
Title: Halagueña et al. vs. Philippine Airlines Inc.

Facts:
A group of female flight attendants, members of the Flight Attendants and
Stewards Association of the Philippines (FASAP), challenged the compulsory
retirement age of 55 for females and 60 for males stipulated in the Collective
Bargaining Agreement (CBA) between their labor union and Philippine
Airlines (PAL). On July 11, 2001, the PAL-FASAP CBA established the disputed
provisions. The petitioners considered it discriminatory and demanded equal
treatment with male counterparts. Despite written protests and demands,
the provision remained. Consequently, the petitioners filed a Special Civil
Action for Declaratory Relief with the RTC of Makati City, which resulted in
the issuance of a TRO against the enforcement of the discriminatory
retirement age.

PAL moved to question the RTC’s jurisdiction and to lift the TRO. The RTC
maintained its jurisdiction and issued a preliminary injunction, halting the
implementation of the discriminatory CBA provision. Dissatisfied, PAL
appealed to the CA, which held that the RTC had no jurisdiction, annulling its
orders and directing it to dismiss the case, considering the issue a labor
dispute. Petitioners then sought recourse in the Supreme Court.

Issues:
1. Whether the RTC has jurisdiction over an action challenging the legality or
constitutionality of provisions in a CBA.
2. Whether the CA erred in considering the subject matter as a labor dispute
and subsequently annulling the orders of the RTC.

Court’s Decision:
The Supreme Court found that the RTC has jurisdiction over the petitioners’
action as it involves a question of constitutionality, not merely labor law
exclusively cognizable by labor tribunals. The issue at hand required the
application of the Constitution, labor statutes, and international treaties
rather than merely a labor dispute under the Labor Code or CBA. The Court
remanded the case to the RTC to ascertain the facts and adjudicate the
merits of the petition for declaratory relief. The CA’s decision was reversed
and set aside, and the RTC was directed to proceed with the case with
deliberate dispatch.

Doctrine:
Jurisdiction of a court over a case is determined by the material allegations
and the character of the relief sought irrespective of whether the plaintiff is
entitled to such relief. Not all disputes involving employer-employee
relationships are within the exclusive jurisdiction of labor tribunals; those
requiring the application of general civil law are for the regular courts. The
Voluntary Arbitrator or panel of Voluntary Arbitrators lack the power to
decide constitutional issues. Moreover, provisions of law, especially
peremptory provisions dealing with matters heavily impressed with public
interest, are deemed written into the contract and may not be contracted
away.

Class Notes:
– The jurisdiction of a court is defined by the specifics of the complaint and
the nature of the relief requested.
– Labor tribunals have jurisdiction limited to disputes resolved by reference
to labor laws or CBAs.
– Declaratory relief actions involving constitutional questions fall under RTC
jurisdiction.
– Discriminatory provisions in contracts may be voided if contrary to law,
public morals, or policy.
– Regular courts cannot be divested of jurisdiction merely because the
decision may impact terms of employment.
– Both unions and companies cannot contract away from applicable
provisions of law, particularly those pertaining to public interest.
– The grievance machinery is unsuitable for addressing legal questions
regarding the constitutionality of CBA provisions.

Historical Background:
The case addresses the longstanding issue of gender discrimination in
employment, particularly in the context of early compulsory retirement
policies that differ for men and women. It highlights the role of the judiciary
in ensuring that negotiated labor agreements do not run afoul of
constitutional guarantees for equality and anti-discrimination statutes and
treaties, like the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), to which the Philippines is a signatory. This case
reaffirms that while CBAs are contracts and generally sacrosanct, their
provisions are still subject to review and must align with overarching legal
and policy principles, including equity and non-discrimination.
 REPUBLIC ACT No. 10906

An Act Providing Stronger Measures Against Unlawful Practices,

Businesses, and Schemes of Matching and Offering Filipinos to
Foreign Nationals for Purposes of Marriage of Common Law
Partnership, Repealing for the Purpose Republic Act No. 6955, Also
Referred to as the "Anti-Mail Order Bride Law"

Be it enacted by the Senate and House of Representatives of the Philippine

Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Mail Order
Spouse Act".

Section 2. Declaration of Policy. - It is hereby declared the policy of the

State to protect and guarantee the individual rights of the Filipino people.
Towards this end, the State shall prevent the exploitation of Filipinos, and
protect them from unlawful practices, businesses, and schemes which offer
Filipinos for marriage to unscrupulous foreign nationals and expose them to
abuse, exploitation, prostitution, and violent situations.

Section 3. Prohibited Acts. - It shall be unlawful for any person, whether

natural or juridical, to commit, directly or indirectly, any of the following acts:

(a) Engage in any business or scheme for money, profit, material, economic
or other consideration which has for its purpose the matching or offering of a
Filipino to a foreign national for marriage or common law partnership on a
mail-order basis or through personal introduction, email, or websites on the
internet;

(b) Exhibit, advertise, publish, print, or distribute, or cause the exhibition,

advertisement, publication, printing, or distribution of brochures, flyers, or
propaganda materials which are calculated to promote the prohibited acts in
the preceding paragraph, or to post, advertise, or upload such materials
through websites on the internet;

(c) Solicit, enlist, or in any manner, attract or induce any Filipino to become a
member in any club or association whose objective is to match Filipino
nationals to foreign nationals for the purpose of marriage or common law
partnership for a fee; and

(d) To use the postal service or any website on the internet to promote the
prohibited acts under this section.

The above notwithstanding, legitimate dating websites, which have for their
purpose connecting individuals with shared interests in order to cultivate
personal and dating relationships, are not covered by this Act.

Section 4. Penalties. - Any person found guilty by the court to have

committed any of the prohibited acts provided under Section 3 of this Act
shall suffer the penalty of imprisonment for fifteen (15) years and a fine of
not less than five hundred thousand pesos (₱500,000.00) but not more than
one million pesos (₱1,000,000.00).

Any person who shall abet or cooperate in the execution of the prohibited
acts mentioned in Section 3 of this Act, by previous or simultaneous acts,
shall suffer the same penalty provided in the preceding paragraph.

If the prohibited act is committed by a syndicate or committed on a large

scale, the offender shall suffer the penalty of twenty (20) years
imprisonment and a fine of not less than two million pesos (₱2,000,000.00)
but not more than five million pesos (₱5,000,000.00).

The prohibited act is deemed committed by a syndicate if carried out by a

group of three (3) or more persons conspiring or confederating with one
another.

The prohibited act is deemed committed on a large scale if committed

against three (3) or more persons, individually or as a group.1âwphi1

Any person who has knowledge of the commission of the unlawful acts and
profits from it, assists the offender to profit from it, without having
participated therein, either as a principal or as an accomplice, shall be
punished as an accessory to the offense committed and shall suffer the
penalty of ten (10) years imprisonment and a fine of not less than one
hundred thousand pesos (₱100,000.00) but not more than five hundred
thousand pesos (₱500,000.00).

If the offender is a foreigner, the offender shall be immediately deported

after serving the sentence and payment of fine and shall be barred
permanently from entering the country.
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, or any responsible officer who participated in
the commission of the prohibited acts or who shall have knowingly permitted
or failed to prevent its commission.

The court may also suspend or revoke the license or permit to operate in the
Philippines of the advertising agency, newspaper, and magazine publisher,
television or radio station, internet websites, or other entities who commit
any of the prohibited acts.

Section 5. Confiscation and Forfeiture. - The court shall order the

confiscation and forfeiture of all the proceeds and properties derived from
the commission of the prohibited act in favor of the government. All awards
for damages shall be taken from the personal and separate properties of the
offender and 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, by the offender or they have been
concealed, removed, converted, or transferred to prevent or 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 6. Mandatory Programs. - The government shall establish and

implement preventive, protective, and rehabilitative programs for victims of
the unlawful acts and practices enumerated in Section 3 of this Act. For this
purpose, the following agencies are hereby mandated to implement their
respective programs:

(a) Department of Foreign Affairs (DFA) – The DFA shall make available its
resources and facilities overseas for victims of mail-order marriage and other
similar schemes regardless of their manner of entry to the receiving country.
It shall provide Filipino victims overseas with free legal assistance and
counsel to pursue legal action against offenders, and represent their
interests in any criminal investigation or prosecution. The DFA, in
coordination with the Department of Labor and Employment (DOLE), shall
likewise provide free temporary shelters and other services to Filipino victims
of this Act.

(b) Department of Social Welfare and Development (DSWD) – The DSWD

shall implement preventive, protective, and rehabilitative programs for
victims. The DSWD, in coordination with the local government units (LGUs),
shall likewise provide case management service and develop a system for
accreditation among nongovernment organizations (NGOs) for purposes of
establishing centers and programs for intervention in various levels of the
community. The DSWD shall also provide the following basic services to
victims:

(1) Temporary shelter or housing and food;

(2) Psychological support and counseling;

(3) Twenty-four (24)-hour call center for crisis calls and technology-based
counseling and referral system;

(4) Assistance in coordination with local law enforcement entities; and

(5) Assistance in coordination with the Department of Justice, among others.

(c) Department of Justice (DOJ) – The DOJ shall ensure the prosecution of the
persons accused of violating this Act. It shall also establish a mechanism for
free legal assistance for victims in coordination with the DSWD, the
Integrated Bar of the Philippines, and other NGOs and volunteer groups.

(d) Philippine Commission on Women (PCW) – The PCW shall, in coordination

with relevant government agencies, actively participate in the formulating
and monitoring of policies addressing the issue of mail-order marriages and
other similar practices. It shall likewise advocate for the inclusion of the issue
of mail-order marriages and other similar schemes in both local and
international advocacy for women issues.

(e) Commission of Filipino Overseas (CFO) – The CFO shall conduct pre-
departure counseling services for Filipinos who have contracted marriages
with partners from other countries with different cultures, faiths, and
religious beliefs. It shall develop a system for accreditation of NGOs that may
be mobilized for purposes of conducting pre-departure counseling services
for Filipinos in intermarriages. The CFO shall ensure that the counselors
contemplated under this Act shall have the minimum qualifications and
training required by law.

Further, the CFO shall collect and analyze pertinent data, statistics, and
conduct case studies and research on mail-order spouses. It shall come up
with essential analysis and papers to guide concerned agencies in
formulating policies. It shall likewise assist in the conduct of information
campaigns against unlawful acts under this Act and other similar schemes in
coordination with LGUs, the Philippine Information Agency, and NGOs.

Section 7. Venue. - A criminal action arising from the violation of this Act
shall be filed in the place where the offense was committed, where any of its
elements occurred, or where the victim actually resides. The court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts.

Section 8. Implementing Rules and Regulations. - Within ninety (90) days

from the approval of this Act, the DOJ shall, in coordination with the DFA,
DSWD, CFO, the PCW, and NGOs which are engaged in assisting victims of
mail-order marriages and other schemes, promulgate the necessary rules
and regulations for the effective implementation of this Act.

Section 9. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in full force and effect.

Section 10. Repealing Clause. - Republic Act No. 6955, also referred to as
the "Anti-Mail Order Bride Law", is hereby repealed. All other laws, decrees,
executive orders, rules and regulations, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Rule on Adoption
A.M. No. 02-6-02-SC
Supreme Court of the Philippines
2 August 2002

Republic of the Philippines

Supreme Court
Manila
En Banc

A. Domestic Adoption

Section 1. Applicability of the Rule.— This Rule covers the domestic

adoption of Filipino children.

Section 2. Objectives.—
(a) The best interests of the child shall be the paramount consideration in all
matters relating to his care, custody and adoption, in accordance with
Philippine laws, the United Nations (UN) Convention on the Rights of the
Child, UN Declaration on Social and Legal Principles Relating to the Protection
and Welfare of Children with Special Reference to Foster Placement and
Adoption, Nationally and Internationally, and the Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through
foster care or adoption for every child who is a foundling, neglected,
orphaned, or abandoned. To this end, the State shall:

(i) Ensure that every child remains under the care and custody of his parents
and is provided with love, care, understanding and security for the full and
harmonious development of his personality. Only when such efforts prove
insufficient and no appropriate placement or adoption within the child’s
extended family is available shall adoption by an unrelated person be
considered.

(ii) Safeguard the biological parents from making hasty decisions in

relinquishing their parental authority over their child;

(iii) Prevent the child from unnecessary separation from his biological
parents;

(iv) conduct public information and educational campaigns to promote a

positive environment for adoption;

(v) ensure that government and private sector agencies have the capacity to
handle adoption inquiries, process domestic adoption applications and offer
adoption-related services including, but not limited to, parent preparation
and post-adoption education and counseling;

(vi) encourage domestic adoption so as to preserve the child’s identity and

culture in his native land, and only when this is not available shall inter-
country adoption be considered as a last resort; and

(vii) protect adoptive parents from attempts to disturb their parental

authority and custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be

administratively or judicially declared so as to establish the status of the
child as “legally available for adoption” and his custody transferred to the
Department of Social Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child.

Section 3. Definition of Terms.— For purposes of this Rule:

(a) “Child” is a person below eighteen (18) years of age at the time of the
filing of the petition for adoption.

(b) “A child legally available for adoption” refers to a child who has been
voluntarily or involuntarily committed to the Department or to a duly
licensed and accredited child-placing or child-caring agency, freed of the
parental authority of his biological parents, or in case of rescission of
adoption, his guardian or adopter(s).

(c) “Voluntarily committed child” is one whose parents knowingly and

willingly relinquish parental authority over him in favor of the Department.

(d) “Involuntarily committed child” is one whose parents, known or unknown,

have been permanently and judicially deprived of parental authority over
him due to abandonment; substantial, continuous or repeated neglect and
abuse; or incompetence to discharge parental responsibilities.

(e) “Foundling” refers to a deserted or abandoned infant or child whose

parents, guardian or relatives are unknown; or a child committed to an
orphanage or charitable or similar institution with unknown facts of birth and
parentage and registered in the Civil Register as a “foundling.”

(f) “Abandoned child” refers to one who has no proper parental care or
guardianship or whose parents have deserted him for a period of at least six
(6) continuous months and has been judicially declared as such.

(g) “Dependent child” refers to one who is without a parent, guardian or

custodian or one whose parents, guardian or other custodian for good cause
desires to be relieved of his care and custody and is dependent upon the
public for support.

(h) “Neglected child” is one whose basic needs have been deliberately not
attended to or inadequately attended to, physically or emotionally, by his
parents or guardian.

(i) “Physical neglect” occurs when the child is malnourished, ill-clad and
without proper shelter.

(j) “Emotional neglect” exists when a child is raped, seduced, maltreated,

exploited, overworked or made to work under conditions not conducive to
good health or made to beg in the streets or public places, or placed in moral
danger, or exposed to drugs, alcohol, gambling, prostitution and other vices.

(k) “Child-placement agency” refers to an agency duly licensed and

accredited by the Department to provide comprehensive child welfare
services including, but not limited to, receiving applications for adoption,
evaluating the prospective adoptive parents and preparing the adoption
home study report.

(l) “Child-caring agency” refers to an agency duly licensed and accredited by

the Department that provides 24-hour residential care services for
abandoned, orphaned, neglected or voluntarily committed children.

(m) “Department” refers to the Department of Social Welfare and

Development.

(n) “Deed of Voluntary Commitment” refers to the written and notarized

instrument relinquishing parental authority and committing the child to the
care and custody of the Department executed by the child’s biological
parents or in their absence, mental incapacity or death, by the child’s legal
guardian, to be witnessed by an authorized representative of the Department
after counseling and other services have been made available to encourage
the biological parents to keep the child.

(o) “Child Study Report” refers to a study made by the court social worker of
the child’s legal status, placement history, psychological, social, spiritual,
medical, ethno-cultural background and that of his biological family needed
in determining the most appropriate placement for him.

(p) “Home Study Report” refers to a study made by the court social worker of
the motivation and capacity of the prospective adoptive parents to provide a
home that meets the needs of a child.

(q) “Supervised trial custody” refers to the period of time during which a
social worker oversees the adjustment and emotional readiness of both
adopters and adoptee in stabilizing their filial relationship.

(r) “Licensed Social Worker” refers to one who possesses a degree in

bachelor of science in social work as a minimum educational requirement
and who has passed the government licensure examination for social
workers as required by Republic Act No. 4373.

(s) “Simulation of birth” is the tampering of the civil registry to make it

appear in the birth records that a certain child was born to a person who is
not his biological mother, thus causing such child to lose his true identity and
status.

(t) “Biological Parents” refer to the child’s mother and father by nature.

(u) “Pre-Adoption Services” refer to psycho-social services provided by

professionally-trained social workers of the Department, the social services
units of local governments, private and government health facilities, Family
Courts, licensed and accredited child-caring and child-placement agencies
and other individuals or entities involved in adoption as authorized by the
Department.

(v) “Residence” means a person’s actual stay in the Philippines for three (3)
continuous years immediately prior to the filing of a petition for adoption and
which is maintained until the adoption decree is entered. Temporary
absences for professional, business, health, or emergency reasons not
exceeding sixty (60) days in one (1) year does not break the continuity
requirement.

(w) “Alien” refers to any person, not a Filipino citizen, who enters and
remains in the Philippines and is in possession of a valid passport or travel
documents and visa.

Section 4. Who may adopt.— The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude; who is emotionally and psychologically capable of
caring for children, at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his children in keeping with the
means of the family. The requirement of a 16-year difference between the
age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent;

(2) Any alien possessing the same qualifications as above-stated for Filipino
nationals: Provided, That his country has diplomatic relations with the
Republic of the Philippines, that he has been living in the Philippines for at
least three (3) continuous years prior to the filing of the petition for adoption
and maintains such residence until the adoption decree is entered, that he
has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country, and
that his government allows the adoptee to enter his country as his adopted
child. Provided, further, That the requirements on residency and certification
of the alien’s qualification to adopt in his country may be waived for the
following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth (4th) degree of consanguinity or affinity of
the Filipino spouse.

(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the
other spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided,
however, That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate
child of the other, joint parental authority shall be exercised by the spouses.

Section 5. Who may be adopted.— The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily
committed to the Department under Articles 154, 155 and 156 of P.D. No.
603 or judicially declared available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the

former to that of legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption,
said person has been consistently considered and treated by the adopters as
their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of
said parents.
(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue.— The petition for adoption shall be filed with the Family
Court of the province or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition.— The petition shall be verified and

specifically state at the heading of the initiatory pleading whether the
petition contains an application for change of name, rectification of
simulated birth, voluntary or involuntary commitment of children, or
declaration of child as abandoned, dependent or neglected.

(1) If the adopter is a Filipino citizen, the petition shall allege the following:

(a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and
legal rights; is of good moral character; has not been convicted of any crime
involving moral turpitude; is emotionally and psychologically capable of
caring for children; is at least sixteen (16) years older than the adoptee,
unless the adopter is the biological parent of the adoptee or is the spouse of
the adoptee’s parent; and is in a position to support and care for his children
in keeping with the means of the family and has undergone pre-adoption
services as required by Section 4 of Republic Act No. 8552.

(2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the
Philippines;

(d) That he has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his
country and his government allows the adoptee to enter his country as his
adopted child and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such residence until
the adoption decree is entered.

The requirements of certification of the alien’s qualification to adopt in his

country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the fourth
degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his spouse a
relative within the fourth degree of consanguinity or affinity of the Filipino
spouse.

(3) If the adopter is the legal guardian of the adoptee, the petition shall
allege that guardianship had been terminated and the guardian had cleared
his financial accountabilities.

(4) If the adopter is married, the spouse shall be a co-petitioner for joint
adoption except if:

(a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other
spouse signified written consent thereto, or

(c) if the spouses are legally separated from each other.

(5) If the adoptee is a foundling, the petition shall allege the entries which
should appear in his birth certificate, such as name of child, date of birth,
place of birth, if known; sex, name and citizenship of adoptive mother and
father, and the date and place of their marriage.

(6) If the petition prays for a change of name, it shall also state the cause or
reason for the change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as
shown by his record of birth, baptismal or foundling certificate and school
records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known
and registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5,

Rule 7 of the 1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth.— In case the petition also seeks
rectification of a simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of
Republic Act No. 8552 and the application for rectification of the birth
registration and the petition for adoption were filed within five years from
said date;

(c) The petitioner made the simulation of birth for the best interests of the
adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner
as his own child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected

child.— In case the adoptee is a foundling, an abandoned, dependent or
neglected child, the petition shall allege:

(a) The facts showing that the child is a foundling, abandoned, dependent or
neglected;

(b) The names of the parents, if known, and their residence. If the child has
no known or living parents, then the name and residence of the guardian, if
any;

(c) The name of the duly licensed child-placement agency or individual under
whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is

authorized to give its consent.

Section 10. Change of name.— In case the petition also prays for change of
name, the title or caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition.— The following documents shall be

attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school
records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the
child-placement agency, child-caring agency, or the proper government
instrumentality which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if
any, who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10)
years of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular

office or any appropriate government agency that he has the legal capacity
to adopt in his country and that his government allows the adoptee to enter
his country as his own adopted child unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing

abroad but qualified to adopt, the home study report by a foreign adoption
agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as

that of the biological parents of the adoptee, if any.

Section 12. Order of Hearing.— If the petition and attachments are

sufficient in form and substance, the court shall issue an order which shall
contain the following:

(1) the registered name of the adoptee in the birth certificate and the names
by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months
from the date of the issuance of the order and shall direct that a copy thereof
be published before the date of hearing at least once a week for three
successive weeks in a newspaper of general circulation in the province or
city where the court is situated; Provided, that in case of application for
change of name, the date set for hearing shall not be within four (4) months
after the last publication of the notice nor within thirty (30) days prior to an
election.

The newspaper shall be selected by raffle under the supervision of the

Executive Judge.

(5) a directive to the social worker of the court, the social service office of the
local government unit or any child-placing or child-caring agency, or the
Department to prepare and submit child and home study reports before the
hearing if such reports had not been attached to the petition due to
unavailability at the time of the filing of the latter; and

(6) a directive to the social worker of the court to conduct counseling

sessions with the biological parents on the matter of adoption of the adoptee
and submit her report before the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be
furnished the Office of the Solicitor General through the provincial or city
prosecutor, the Department and the biological parents of the adoptee, if
known.

If a change in the name of the adoptee is prayed for in the petition, notice to
the Solicitor General shall be mandatory.

Section 13. Child and Home Study Reports.— In preparing the child study
report on the adoptee, the concerned social worker shall verify with the Civil
Registry the real identity and registered name of the adoptee. If the birth of
the adoptee was not registered with the Civil Registry, it shall be the
responsibility of the social worker to register the adoptee and secure a
certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for
adoption and the documents in support thereof are valid and authentic, that
the adopter has sincere intentions and that the adoption shall inure to the
best interests of the child.

In case the adopter is an alien, the home study report must show the legal
capacity to adopt and that his government allows the adoptee to enter his
country as his adopted child in the absence of the certification required
under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are
grounds to deny the petition, he shall make the proper recommendation to
the court, furnishing a copy thereof to the petitioner.
Section 14. Hearing.— Upon satisfactory proof that the order of hearing has
been published and jurisdictional requirements have been complied with, the
court shall proceed to hear the petition. The petitioner and the adoptee must
personally appear and the former must testify before the presiding judge of
the court on the date set for hearing.

The court shall verify from the social worker and determine whether the
biological parent has been properly counseled against making hasty
decisions caused by strain or anxiety to give up the child; ensure that all
measures to strengthen the family have been exhausted; and ascertain if
any prolonged stay of the child in his own home will be inimical to his welfare
and interest.

Section 15. Supervised Trial Custody.— Before issuance of the decree of

adoption, the court shall give the adopter trial custody of the adoptee for a
period of at least six (6) months within which the parties are expected to
adjust psychologically and emotionally to each other and establish a bonding
relationship. The trial custody shall be monitored by the social worker of the
court, the Department, or the social service of the local government unit, or
the child-placement or child-caring agency which submitted and prepared
the case studies. During said period, temporary parental authority shall be
vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period
or exempt the parties if it finds that the same shall be for the best interests
of the adoptee, stating the reasons therefor.

An alien adopter however must complete the 6-month trial custody except
the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth
(4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to a Filipino citizen and seeks to adopt jointly with his
or her spouse the latter’s relative within the fourth (4th) degree of
consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective
adopter through a pre-adoption placement authority issued by the
Department, the court shall order that the prospective adopter shall enjoy all
the benefits to which the biological parent is entitled from the date the
adoptee is placed with him.
The social worker shall submit to the court a report on the result of the trial
custody within two weeks after its termination.

Section 16. Decree of Adoption.— If the supervised trial custody is

satisfactory to the parties and the court is convinced from the trial custody
report and the evidence adduced that the adoption shall redound to the best
interests of the adoptee, a decree of adoption shall be issued which shall
take effect as of the date the original petition was filed even if the petitioners
die before its issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon

expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and
the certificate of finality to the Civil Registrar where the child was originally
registered within thirty (30) days from receipt of the certificate of finality. In
case of change of name, the decree shall be submitted to the Civil Registrar
where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptee’s original certificate of birth the decree of

adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a
new or amended certificate and which shall show, among others, the
following: registry number, date of registration, name of child, sex, date of
birth, place of birth, name and citizenship of adoptive mother and father, and
the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which can
be opened only upon order of the court which issued the decree of adoption;
and

d. to submit to the court issuing the decree of adoption proof of compliance

with all the foregoing within thirty days from receipt of the decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where
the foundling was registered, to annotate the decree of adoption on the
foundling certificate and a new birth certificate shall be ordered prepared by
the Civil Registrar in accordance with the decree.

Section 17. Book of Adoptions.— The Clerk of Court shall keep a book of
adoptions showing the date of issuance of the decree in each case,
compliance by the Civil Registrar with Section 16(B)(3) and all incidents
arising after the issuance of the decree.

Section 18. Confidential Nature of Proceedings and Records.— All hearings

in adoption cases, after compliance with the jurisdictional requirements shall
be confidential and shall not be open to the public. All records, books and
papers relating to the adoption cases in the files of the court, the
Department, or any other agency or institution participating in the adoption
proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is
necessary for security reasons or for purposes connected with or arising out
of the adoption and will be for the best interests of the adoptee, the court
may, upon proper motion, order the necessary information to be released,
restricting the purposes for which it may be used.

Section 19. Rescission of Adoption of the Adoptee.— The petition shall be

verified and filed by the adoptee who is over eighteen (18) years of age, or
with the assistance of the Department, if he is a minor, or if he is over
eighteen (18) years of age but is incapacitated, by his guardian or counsel.

The adoption may be rescinded based on any of the following grounds

committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having

undergone counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.

Section 20. Venue.— The petition shall be filed with the Family Court of the
city or province where the adoptee resides.
Section 21. Time within which to file petition.— The adoptee, if
incapacitated, must file the petition for rescission or revocation of adoption
within five (5) years after he reaches the age of majority, or if he was
incompetent at the time of the adoption, within five (5) years after recovery
from such incompetency.

Section 22. Order to Answer.— The court shall issue an order requiring the
adverse party to answer the petition within fifteen (15) days from receipt of a
copy thereof. The order and copy of the petition shall be served on the
adverse party in such manner as the court may direct.

Section 23. Judgment.— If the court finds that the allegations of the petition
are true, it shall render judgment ordering the rescission of adoption, with or
without costs, as justice requires.

The court shall order that the parental authority of the biological parent of
the adoptee, if known, or the legal custody of the Department shall be
restored if the adoptee is still a minor or incapacitated and declare that the
reciprocal rights and obligations of the adopter and the adoptee to each
other shall be extinguished.

The court shall further declare that successional rights shall revert to its
status prior to adoption, as of the date of judgment of judicial rescission.
Vested rights acquired prior to judicial rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or
foundling certificate.

The court shall further order the Civil Registrar where the adoption decree
was registered to cancel the new birth certificate of the adoptee and
reinstate his original birth or foundling certificate.

Section 24. Service of Judgment.— A certified true copy of the judgment

together with a certificate of finality issued by the Branch Clerk of the Court
which rendered the decision in accordance with the preceding Section shall
be served by the petitioner upon the Civil Registrar concerned within thirty
(30) days from receipt of the certificate of finality. The Civil Registrar shall
forthwith enter the rescission decree in the register and submit proof of
compliance to the court issuing the decree and the Clerk of Court within
thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17
hereof.
Section 25. Repeal.— This supersedes Rule 99 on Adoption and Rule 100 of
the Rules of Court.

B. Inter-Country Adoption

Section 26. Applicability.— The following sections apply to inter-country

adoption of Filipino children by foreign nationals and Filipino citizens
permanently residing abroad.

Section 27. Objectives.— The State shall:

a) consider inter-country adoption as an alternative means of child care, if

the child cannot be placed in a foster or an adoptive family or cannot, in any
suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same
protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not
result in improper financial gain for those involved.

Section 28. Where to File Petition.— A verified petition to adopt a Filipino

child may be filed by a foreign national or Filipino citizen permanently
residing abroad with the Family Court having jurisdiction over the place
where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Section 29. Who may be adopted.— Only a child legally available for
domestic adoption may be the subject of inter-country adoption.

Section 30. Contents of Petition.— The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he is at least
twenty-seven (27) years of age and at least sixteen (16) years older than the
child to be adopted at the time of application, unless the petitioner is the
parent by nature of the child to be adopted or the spouse of such parent, in
which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner

except when the adoptee is a legitimate child of his spouse;

c) that he has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary
moral values and example to all his children, including the child to be
adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under
Philippine laws and the U. N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to implement the provisions of
Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic
relations and whose government maintains a similarly authorized and
accredited agency and that adoption of a Filipino child is allowed under his
national laws; and

i) that he possesses all the qualifications and none of the disqualifications

provided in this Rule, in Republic Act No. 8043 and in all other applicable
Philippine laws.

Section 31. Annexes.— The petition for adoption shall contain the following
annexes written and officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or

judgment dissolving the marriage;

c) Sworn statement of consent of petitioner’s biological or adopted children

above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified

by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current

financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing
of the petitioner;

g) Character reference from the local church/minister, the petitioner’s

employer and a member of the immediate community who have known the
petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family
taken at least six (6) months before the filing of the petition.
Section 32. Duty of Court.— The court, after finding that the petition is
sufficient in form and substance and a proper case for inter-country adoption,
shall immediately transmit the petition to the Inter-Country Adoption Board
for appropriate action.

Section 33. Effectivity.— This Rule shall take effect on August 22, 2002
following its publication in a newspaper of general circulation.

Promulgated: August 2, 2002.