REPUBLIC ACT NO. 10368
— The following terms as used in this Act shall mean:
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Short Title. — This Act shall be known as the "Human Rights Victims Reparation and
Recognition Act of 2013″.
Section 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the Republic of the
Philippines declares that the State values the dignity of every human, person and guarantees full respect
for human rights. Pursuant to this declared policy, Section 12 of Article III of the Constitution prohibits the
use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will and
mandates the compensation and rehabilitation of victims of torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of international
law as part of the law of the land, the Philippines adheres to international human rights laws and
conventions, the Universal Declaration of Human Rights, including the International Covenant on Civil and
Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or
Degrading Treatment or Punishment which imposes on each State party the obligation to enact domestic
legislation to give effect to the rights recognized therein and to ensure that any person whose rights or
freedoms have been violated shall have an effective remedy, even if the violation is committed by persons
acting in an official capacity. In fact, the right to a remedy is itself guaranteed under existing human rights
treaties and/or customary international law, being peremptory in character (jus cogens) and as such has
been recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State to recognize the heroism and
sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary
disappearance and other gross human rights violations committed during the regime of former President
Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986 and restore the
victims’ honor and dignity. The State hereby acknowledges its moral and legal obligation to recognize
and/or provide reparation to said victims and/or their families for the deaths, injuries, sufferings,
deprivations and damages they suffered under the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted upon
persons whose properties or businesses were forcibly taken over, sequestered or used, or those whose
professions were damaged and/or impaired, or those whose freedom of movement was restricted, and/or
such other victims of the violations of the Bill of Rights.
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Section 3. Definition of Terms.
(a) Detention refers to the act of taking a person into custody against his will by persons acting in an official
capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed during the period from September 21,
1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State, but shall not
be limited to the following:
(1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest issued by a
civilian court of law, including any warrantless arrest or detention carried out pursuant to the declaration of
Martial Law by former President Ferdinand E. Marcos as well as any arrest., detention or deprivation of
liberty carried out during the covered period on the basis of an "Arrest, Search and Seizure Order (ASSO)",
a "Presidential Commitment Order {PCO)" or a "Preventive Detention Action (PDA)" and such other similar
executive issuances as defined by decrees of former President Ferdinand E. Marcos, or in any manner
that the arrest, detention or deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent of the State of physical injury,
torture, killing, or violation of other human rights, of any person exercising civil or political rights, including
but not limited to the freedom of speech, assembly or organization; and/or the right to petition the
government for redress of grievances, even if such violation took place during or in the course of what the
authorities at the time deemed an illegal assembly or demonstration: Provided, That torture in any form or
under any circumstance shall be considered a human rights violation;
(3) Any enforced or involuntary disappearance caused upon a person who was arrested, detained or
abducted against one’s will or otherwise deprived of one’s liberty, as defined in Republic Act No. 103501,
otherwise known as the "Anti-Enforced or Involuntary Disappearance Act of 2012″;
(4) Any force or intimidation causing the involuntary exile of a person from the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a business, confiscation of
property, detention of owner/s and or their families, deprivation of livelihood of a person by agents of the
State, including those caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate
relatives by consanguinity or affinity, as well as those persons considered as among their close relatives,
associates, cronies and subordinates under Executive Order No. 1, issued on February 28, 1986 by then
President Corazon C. Aquino in the exercise of her legislative powers under the Freedom Constitution;
(6) Any act or series of acts causing, committing and/or conducting the following:
(i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos
regime;
(ii) Committing sexual offenses against human rights victims who are detained and/or in the course of
conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous to the above, including those recognized by
international law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were violated by
persons acting in an official capacity and/or agents of the State as defined herein. In order to qualify for
reparation under this Act, the human rights violation must have been committed during the period from
September 21, 1972 to February 25, 1986: Provided, however, That victims of human rights violations that
were committed one (1) month before September 21, 1972 and one (1) month after February 25, 1986
shall be entitled to reparation, under this Act if they can establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official capacity as defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.—The following persons shall be
deemed persons acting in an official capacity and/or agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the former Integrated National Police (INP),
the Armed Forces of the Philippines (AFP) and the Civilian Home Defense Force (CHDF) from September
21, 1972 to February 25, 1986 as well as any civilian agent attached thereto; and any member of a
paramilitary group even if one is not organically part of the PC, the INP, the AFP or the CHDF so long as it
is shown that the group was organized, funded, supplied with equipment, facilities and/or resources,
and/or indoctrinated, controlled and/or supervised by any person acting in an official capacity and/or agent
of the State as herein defined;
(2) Any member of the civil service, including persons who held elective or appointive public office at any
time from September 21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the Presidential Commission on
Good Government (PCGG), issued on February 28, 1986 and related laws by then President Corazon C.
Aquino in the exercise of her legislative powers under the Freedom Constitution, including former
President Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate relatives by consanguinity or
affinity, as well as their close relatives, associates, cronies and subordinates; and
(4) Any person or group/s of persons acting with the authorization, support or acquiescence of the State
during the Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on any person under the custody of persons acting in an official capacity and/or agents of the
State, as defined by law, jurisprudence, international conventions and Republic Act No. 9745, otherwise
known as the "Anti-Torture Act of 2009″.
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Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall receive
reparation from the State, free of tax, as herein prescribed: Provided, That for a deceased or involuntary
disappeared HRVV, the legal heirs as provided for in the Civil Code of the Philippines, or such other
person named by the executor or administrator of the deceased or involuntary disappeared HRVV’s estate
in that order, shall be entitled to receive such reparation: Provided, further, That no special power of
attorney shall be recognized in the actual disbursement of the award, and only the victim or the aforestated
successor(s)-in-interest shall be entitled to personally receive said reparation form the Board, unless the
victim involved is shown to be incapacitated to the satisfaction of the Board: Provided, furthermore, That
the reparation received under this Act shall be without prejudice to the receipt of any other sum by the
HRVV from any other person or entity in any case involving violations of human rights as defined in this
Act.
Section 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of Social
Welfare and Development (DSWD), the Department of Education (DepED), the Commission on Higher
Education (CHED), the Technical Education and Skills Development Authority (TESDA), and such other
government agencies shall render the necessary services as nonmonetary reparation for HRVVs and/or
their families, as may be determined by the Board pursuant to the provisions of this Act. The amount
necessary for this purpose shall be sourced from the budget of the agency concerned in the annual
General Appropriations Act (GAA).
Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in proportion to the
gravity of the human rights violation committed on the HRVV and in accordance with the number of points
assigned to the individual under Section 19 hereof.
Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus accrued
interest which form part of the funds transferred to the government of the Republic of the Philippines by
virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the Supreme
Court of the Philippines as final and executory in Republic vs. Sandiganbayan on July 15, 2003 (G.R. No.
152154) as Marcos ill-gotten wealth and forfeited in favor of the Republic of the Philippines, shall be the
principal source funds for the implementation of this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD
Section 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is hereby
created an independent and quasi-judicial body to be known as the Human Rights Victims’ Claims Board,
hereinafter referred to as the Board. It shall be composed of nine (9) members, who shall possess the
following qualifications:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of human rights and involvement in
efforts against human rights violations committed during the regime of former President Ferdinand E.
Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who have been engaged in the
practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to human rights protection, promotion
and advocacy.
The Human Rights Victims’ Claims Board shall be attached to but shall not be under the Commission on
Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of appointment of all nine (9)
members and shall thereafter organize its Secretariat.
Section 9. Appointment to the Board. — The President shall appoint the Chairperson and the other eight
(8) members of the Board: Provided, That human rights organizations such as, but not limited to, the Task
Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), the Movement of
Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the Families of Victims of Involuntary
Disappearance (FIND) and the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA)
may submit nominations to the President.
Section 10. Powers and Functions of the Board. — The Board shall have the following powers and
functions:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to effectively perform its functions;
(f) Promulgate such rules as may be necessary to carry out the purposes of this Act, including rules of
procedure in the conduct of its proceedings, with the Revised Rules of Court of the Philippines having
suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;
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(h) The Board, at its discretion, may consult the human rights organizations mentioned in Section 9 herein;
and
(i) Perform such other duties, functions and responsibilities as may be necessary to effectively attain the
objectives of this Act.
Section 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which shall
function simultaneously and independently of each other in the resolution of claims for reparation. Each
division shall be composed of one (1) Chairperson, who shall be a member of the Philippine Bar and two (2)
members to be appointed by the Board en banc.
Section 12. Emoluments. — The Chairperson and members of the Board shall have the rank, salary,
emoluments and allowances equivalent to s Presiding Justice and Associate Justice of the Court of
Appeals, respectively.
Section 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may come
from the existing personnel of the CHR, without prejudice to the hiring of additional personnel as
determined by the Board to accommodate the volume of required work. The following shall be the
functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for the
duration of the existence of the Board. There shall be a Technical Staff Head assisted by five (5) Legal
Officers and three (3) Paralegal Officers; and an Administrative Staff Head assisted by three (3)
Administrative Support Staff.
When necessary, the Board may hire additional contractual employees or contract a service provider to
provide services of counselors, psychologists, social workers and public education specialists, among
others, to augment the services of the Secretariat: Provided, That the maximum contract amount per year
shall not exceed more than fifteen percent (15%) of the total annual operating budget of the Board.
Section 14. Operating Budget of the Board.— The operating budget of the Board shall be funded from the
Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos (P10,000,000.00) as its initial
operating budget: Provided, That it shall not exceed Fifty million pesos (P50,000,000.00) a year
Section 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or those
which may become available as reparation for HRVVs are properly disbursed in accordance with the
policies stated by Congress and relevant government rules, regulations and accounting procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION
Section 16. Claimants. — Any person who is an HRVV may file a claim with the Board for reparation
and/or recognition in accordance with the provisions of this Act.
Section 17. Conclusive Presumption That One is an HRVV Under This Act. — The claimants in the class
suit and direct action plaintiffs in the Human Rights Litigation Against the Estate of Ferdinand E. Marcos
(MDL No. 840, CA No. 88-0390) in the US Federal District Court of Honolulu, Hawaii wherein a favorable
judgment has been rendered, shall be extended the conclusive presumption that they are
HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng Mga Bayani Foundation shall also be
accorded the same conclusive presumption: Provided, further, That nothing herein shall be construed to
deprive the Board of its original jurisdiction and its inherent power to determine the extent of the human
rights violations and the corresponding reparation and/or recognition that may be granted.
Section 18. Motu Proprio Recognition. — The Board may take judicial notice motu proprio of individual
persons who suffered human rights violations as defined herein and grant such persons recognition as
HRVVs and included in the Roll of Victims as provided for in Section 26 hereof.
Section 19. Determination of Award. — (a) The Board shall follow the point system in the determination of
the award. The range shall be one (1) to ten (10) points, as follows:
(1) Victims who died or who disappeared and are still missing shall be given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he given six (6) to nine (9) points:
(3) Victims who were detained shall be given three (3) to five (5) points; and
(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under this Act
shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the determination of points for each victim,
which shall be based on the type of violation committed against the HRVV, frequently and duration of the
violation. In each category, HRVVs who had suffered more would receive more points. In instances where
a victim is classified in more than one category, one shall be awarded the points in the higher
category: Provided, That in cases where there are several eligible claims filed for reparation by or on
behalf of a particular HRVV, the Board shall award only one (1) valid claim which corresponds to the
category obtaining the highest number of points for each eligible claimant.
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(b) The Board shall proceed to determine the award for each claimant classified under Sections 16, 17 and
18 of this Act.
(c) The Board shall then compute the final monetary value of one’s award that is equivalent to the
numerical value of one point multiplied by the number of points that a claimant is entitled to, as previously
determined by the Board.
(d) Within thirty (30) days after the Board has approved with finality each eligible claim pending before it
and after due publication of such legitimate claim, the award of monetary compensation shall take
effect: Provided., That any pending appeal filed by an aggrieved claimant or opposite before the Board en
banc must resolved by it sixty (60) days before the Board becomes functus officio.
CHAPTER IV
GENERAL- PROVISIONS
Section 20. Transfer of Funds. — Pursuant to the judgment mentioned in Section 7 hereof, the amount of
Ten billion pesos (P10,000,000,000.00) plus the accrued interest are hereby set aside and appropriated to
fund the purposes of this Act.
Section 21. Documentation of Human — Rights Violations Committed by the Marcos Regime. — In the
implementation of this Act and without prejudice to any other documentary or other evidence that may be
required for the award of any reparation, any HRVV seeking reparation shall execute a detailed sworn
statement narrating the circumstances of the pertinent human rights violation/s committed.
Section 22. Publication. — Consistent with Section 23 herein, the Board, after having been duly convened,
shall set the period for the commencement and termination of applications by HRVVs and cause the
publication of the same: Provided, That such period shall only become operative fifteen (15) days after its
last publication, which shall be once a week for three (3) consecutive weeks in at least two (2) national
newspapers of general circulation.
Section 23. Period for Filing of Claims; Waiver. — An HRVV shall file an application for reparation with the
Board within six (6) months from the effectivity of the implementing rules and regulations (IRR) of this
Act: Provided, That failure to file an application within said period is deemed a waiver of the right to file the
same: Provided, further, That for HRVVs who are deceased, incapacitated, or missing due to enforced
disappearance, their legal heir/s or representatives, shall be entitled to file an application for reparation on
their behalf.
Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if such is
filed within fifteen (15) days from the date of the last publication of the official list of eligible claimants as
may be determined by the Board. The Board shall cause the publication of the official list of eligible
claimants once a week for three (3) consecutive weeks in at least two (2) national newspapers of general
circulation.
Section 24 Appeal. — Any aggrieved claimant or oppositor may file an appeal within ten (10) calendar
days from the receipt of the Resolution of the Division, to the Board en banc, whose decision shall then
become final and executory.
Section 25. Penalties; Applicability of the Revised Penal Code. — Any claimant who is found by the Board,
after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate office for prosecution.
If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years, shall be disqualified from public
office and employment and shall be deprived of the right to vote and be voted for in any national or local
election, even after the service of sentence unless granted absolute pardon.
Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who shall misuse, embezzle or misappropriate the funds for the
reparation of HRVVs or who shall commit fraud in the processing of documents and claims of HRVVs, or
shall conspire with any individual to commit the same, shall also be prosecuted,
Any member of the Board and its Secretariat, public officer, employee of an agency or any private
individual mandated to implement this Act, who may have been found guilty of committing any or all of the
prohibited acts stated in the preceding paragraph, or those acts punishable under the Revised Penal Code,
shall be penalized under the pertinent provisions in the Code and relevant special penal laws.
Section 26. Roll of Victims. — Persons who are HRVVs, regardless of whether they opt to seek reparation
or not, shall be given recognition by enshrining their names in a Roll of Human Rights Victims to be
prepared by the Board.
A Memorial/Museum/Library shall be established in honor and in memory of the victims of human rights
violations whose names shall be inscribed in the Roll. A compendium of their sacrifices shall be prepared
and may be readily viewed and accessed in the internet. The Memorial/Museum/Library/Compendium
shall have an appropriation of at least Five hundred million pesos (P500,000,000.00) from the accrued
interest of the Ten billion peso (P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies as maybe designated by the HRVV Memorial
Commission as created hereunder.
Section 27. Human, Rights Violations Victims’ Memorial Commission.. — There is hereby created a
Commission to be known as the Human Rights Violations Victims’ Memorial Commission, hereinafter
referred to as the Commission, primarily for the establishment, restoration, preservation and conservation
of the Memorial/Museum/Library/Compendium in honor of the HRVVs during the Marcos regime.
The powers and functions of the Commission shall be assumed by the Board of Trustees which shall be
composed of the following; Chairperson of the CHR as Chairperson; Chairperson of the National Historical
Commission as Co-Chairperson; and Chairpersons of the CHED, the National Commission on Culture and
the Arts (NCCA), the Secretary of the Department of Education and the Head of the University of the
Philippines Diliman Main Library, as members.
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The Board of Trustees shall have the authority to hire and appoint its officials and employees, receive
donations and grants for and on its behalf, and generate revenues for the benefit of the Commission.
The Commission shall be attached to the CHR solely for budgetary and administrative purposes. The
operating budget of the Commission shall be appropriated from the General Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and the CHED to ensure that the
teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our history are included in the basic,
secondary and tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
Section 28. Guidelines for the Implementing Rules and Regulations (1RR). — In implementing this Act
and in formulating the corresponding rules and regulations, and to ensure that all applications are properly
screened for fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;
(b) A procedure that allows any concerned party to oppose an application or claim on the ground that it is
fraudulent, fictitious or spurious and gives that party the opportunity to question the same and to present
evidence in support thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of the parties’ fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall promulgate the necessary IRR
and procedures for the effective implementation of this Act. The IRR shall be effective fifteen (15) days
after its publication in two (2) national newspapers of general circulation.
Section 29. Work Period; Sunset Clause. — The Board shall complete its work within two (2) years from
the effectivity of the IRR promulgated by it. After such period, it shall become functus officio.
Section 30. Separability Clause. — If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full force
and effect.
REPUBLIC ACT NO. 10350
AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE
PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 8534, OTHERWISE
KNOWN AS "AN ACT REGULATING THE PRACTICE OF INTERIOR DESIGN IN THE PHILIPPINES",
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS
AND SCOPE OF PRACTICE
Section 1. Title. – This Act shall be known as the "Philippine Interior Design Act of 2012″.
Section 2. Statement of Policy. – The State recognizes the important role of the interior design profession
in nation building. Towards this end, the State shall promote the sustained development of professional
interior designers, whose technical competencies have been determined by honest and credible licensure
examinations and whose standards of professional service and practice are internationally recognized and
considered globally competitive, brought about by regulatory measures and human resource programs
and activities that foster their professional growth and advancement.
Section 3. Objectives. –This Act provides for and shall govern:
(a) The examination, registration and licensure of professional interior designers;
(b) The supervision, control and regulation of the practice of interior design;
(c) The development of the professional competence of interior designers through continuing professional
education; and
(d) The integration of the interior design profession.
Section 4. Definition of Terms. – For purposes of this Act, the following terms are hereby defined:
(a) Interior design refers to the science and art of planning, specifying, selecting and organizing the
surface finishes and materials including furniture, furnishings and fixtures and other interior design
elements for the purpose of the interior space allocations to suit, enhance and meet the intended function,
movement and character for which the interior of the building is designed.
(b) Professional interior designer refers to a natural person who holds a valid certificate of registration and
a valid professional identification card issued by the Board and the Commission pursuant to this Act.
(c) Commission refers to the Professional Regulation Commission.
Section 5. Scope of the Professional Practice of Interior Design. –The practice of interior design is the act
of planning, designing, specifying, supervising and providing general administration and responsible
direction to the functional, orderly and aesthetic arrangement and enhancement of interior spaces. It shall
include, but not be limited to, the following activities:
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(a) Consultation, advice, direction, evaluation, budgetary estimates and appraisals;
(b) Schematic interior design development, design development, execution of professional contract
documents and programming of construction phases;
(c) Preparation of interior design plans, design drawings, interior construction details, and technical
specifications;
(d) Interior construction administration, supervision, coordination of alteration, preservation or restoration
of interior spaces; and
(e) All other works, projects and activities that require the professional competence of the interior designer,
including teaching of interior design subjects.
The Board, subject to approval by the Commission, may revise, exclude from, or add to, the above
enumerated acts or activities as the need arises to conform to the latest trends and developments in the
practice of interior design.
ARTICLE II
THE PROFESSIONAL REGULATORY BOARD
OF INTERIOR DESIGN
Section 6. Creation and Composition of the Board of Interior Design. – There is hereby created a
Professional Regulatory Board of Interior Design, hereinafter referred to as the Board, under the
administrative control and supervision of the Professional Regulation Commission (PRC), hereinafter
referred to as the Commission, to be composed of a Chairman and two (2) members to be appointed by
the President of the Philippines from a list of two (2) recommendees for each position submitted by the
Commission, who in turn will be drawn from a list of three (3) to five (5) nominees for each position
recommended by the duly Accredited and Integrated Professional Organization (AIPO) of Interior
Designers. The new Board shall be created within six (6) months from the effectivity of this Act.
Section 7. Qualifications of the Chairman and Members. – The Chairman and members of the Board shall,
at the time of their appointment, possess the following qualifications:
(a) Must be a citizen and resident of the Philippines;
(b) Must be a degree holder of Bachelor of Science in Interior Design (BSID), Bachelor of Interior Design
(BID) or Bachelor of Fine Arts (BFA), major in Interior Design, or an equivalent degree conferred by a
school, academy, college or university in the Philippines or abroad that is recognized and/or accredited by
the Philippine government;
(c) Must be a registered interior designer with a valid certificate of registration and professional
identification card and an active practitioner of interior design for not less than ten (10) years prior to
appointment;
(d) Must not be a member of the faculty of any school, where a regular course in Interior Design is being
taught, or have pecuniary interest in, or administrative supervision over any such institution of learning;
(e) Must not be connected with a review center or with any group giving review classes or lectures in
preparation for the licensure examination;
(f) Must be a member in good standing of the duly accredited professional organization of interior
designers but not an incumbent trustee or officer thereof; and
(g) Has never been convicted of a crime involving moral turpitude, or a civil and/or criminal offense.
Section 8. Term of Office. – The members of the Board shall hold office for a term of three (3) years from
the date of appointment or until their successors shall have been appointed and qualified. They may be
reappointed for another term of three (3) years immediately upon the expiration of their
term: Provided, That no member shall hold office for more than six (6) years in his position as a Chairman
or as a member of the Board.
Of the members to be appointed for the new Board under this Act: one (1) member shall hold office as
Chairman for three (3) years; one (1) member for two (2) years; and one (1) member for one (1) year. Each
member of the Board shall take the proper oath prior to assumption of duty.
Section 9. Compensation of the Board Members. –The Chairman and members of the Board shall receive
compensation and allowances comparable to the compensation and allowances received by existing
regulatory boards under the Commission as provided for in the General Appropriations Act.
Section 10. Powers, Functions, Duties and Responsibilities of the Board. –The Board shall exercise the
following specific powers, functions, duties and responsibilities:
(a) Adopt, promulgate and administer the rides and regulations necessary for carrying out the provisions of
this Act;
(b) Supervise and regulate the registration, licensure and practice of the professional interior designers in
the Philippines;
(c) Administer oaths in connection with the administration of this Act;
(d) Issue, suspend, revoke or reinstate the certificate of registration or professional license for the practice
of the interior design profession;
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(e) Adopt an official seal of the Board;
(f) Monitor the conditions affecting the practice of interior design and adopt such measures as may be
deemed proper for the enhancement of the profession and/or the maintenance of high professional, ethical
and technical standards;
(g) Ensure, in coordination with the Commission on Higher Education (CHED), that all other educational
institutions offering interior design comply with the policies, standards and requirements of the course
prescribed by the CHED in the areas of curriculum, faculty, library and facilities;
(h) Prescribe and adopt a Code of Ethics and/or Code of Professional Standards for the practice of the
interior design profession;
(i) Hear and try administrative cases involving violations of this Act, its implementing rules and regulations
(IRR), the Code of Professional Standards for the practice of the interior design profession and, for this
purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith;
(j) Prescribe guidelines for the Continuing Professional Education (CPE) program for interior designers in
coordination with the accredited professional organization of interior designers;
(k) Prepare, adopt and issue the Table of Specifications (TOS) and syllabi of the subjects for examination
in the professional licensure examination for interior designers. Determine and prepare the questions for
the examination, which shall strictly be within the scope of the syllabi of the subjects of examination; and
(l) Discharge such other duties and functions as may be deemed necessary for the enhancement of the
interior design profession and the upgrading, development and growth of interior design education in the
Philippines.
Section 11. Grounds for Removal or Suspension of Board Chairman/Member. – The President of the
Philippines, upon the recommendation of the Commission, after giving the Chairman or the member of the
Board an opportunity to defend himself/herself in an administrative investigation conducted by the
Commission, may remove or suspend him/her on any of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty;
(b) Commission of the prohibited acts and/or violation of the provisions or commissions of the offenses
and/or grounds for disciplinary action provided in this Act and in the Revised Penal Code, the Anti-Graft
and Corrupt Practices Act, and other related laws;
(c) Manipulation or rigging of the licensure examination for interior designers, tampering with the results,
disclosure of secret and confidential information relating to the examination prior to the conduct thereof or
manipulation/ padding/shaving of grades and similar acts; and
(d) Conviction of an offense involving moral turpitude.
The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No.
8981, otherwise known as "The PRC Modernization Act of 2000″, the rules on administrative investigation
and the applicable provisions of the Revised Rules of Court.
Section12. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support
Services. –The Board shall be under the administrative supervision of the Commission. All records of the
Board, including applications for examination, administrative and other investigative cases conducted by
the Board shall be under the custody of the Commission. The Commission shall designate the secretary of
the Board and shall provide the secretariat and other support services to implement the provisions of this
Act.
Section 13. Annual Report. –The Board shall, at the close of each calendar year, submit an annual report
to the President of the Philippines, through the Commission, giving a detailed account of its proceedings
and accomplishments during the year and making recommendations for the adoption of measures that will
upgrade and improve the conditions affecting the practice of interior design.
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION
AND LICENSURE
Section 14. Passing of Licensure Examination Requirement. – Except as otherwise specifically allowed
under this Act, applicants for registration for the practice of interior design shall be required to pass a
professional licensure examination as provided for in this Act in such places and on such dates as the
Commission may designate in accordance with the provisions of Section 7(d) of Republic Act No. 8981.
Section 15. Qualifications of Applicants. –An applicant for the licensure examination for interior designers
shall satisfactorily prove that he/she possesses the following qualifications:
(a) Citizen of the Philippines or a foreign citizen whose country/state has a policy reciprocity with the
Philippines in the practice of interior design;
(b) Of good moral character;
(c) A holder of any of the following:
(i) A degree in interior design obtained from a reputable institution of learning in the Philippines recognized
by the government and affiliated with a school/college/university duly recognized or accredited by the
CHED;
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(ii) A degree in interior design obtained from a reputable institution of learning in a foreign
country/state: Provided, That the same is certified by the CHED as equivalent to a Bachelor of Science in
Interior Design obtained in the Philippines; and
(iii) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction.
Section 16. Subjects for Licensure Examination. – The examination for interior design shall basically
cover the following subjects:
(a) Interior Design;
(b) Furniture Design and Construction;
(c) Materials of Design and Decoration;
(d) History of Arts and Interior Design;
(e) Interior Construction and Utilities;
(f) Color Theory; and
(g) Professional Practice and Ethics.
Subject to the approval of the Commission, the said subjects, their TOS and their syllabi may be amended
by the Board in coordination with the CHED, so as to conform to technological changes brought about by
continuing trends in the profession, in coordination with the accredited professional organization of interior
design educators.
Section 17. Rating in the Licensure Examination. – To be qualified as having passed the Board
examination for interior designers, a candidate must obtain a weighted general average of seventy percent
(70%).
Section 18. Report of Ratings. –The Board shall submit to the Commission the ratings obtained by each
candidate within twenty (20) days after the examination unless extended by the Commission for just cause.
Upon the release of the results of the examination, the Board shall send by mail the rating received by
each examinee at his given address using the mailing envelope submitted during the examination.
Section 19. Oath. – All successful candidates in the examination shall be required to take an oath of
profession before the Board or any government official authorized by the Commission to administer oaths
prior to entering the practice of the interior design profession.
Section 20. Issuance of Certificate of Registration and Professional Identification Card. –A certificate of
registration shall be issued to applicants who pass the examination for interior designers subject to
payment of registration fees.
The certificate of registration as professional interior designer shall bear the signatures of the Chairperson
of the Commission and the Board members, stamped with the official seal, indicating that the person
named therein is entitled to practice the profession with all the privileges appurtenant thereto. This
certificate shall remain in full force and effect until withdrawn, suspended or revoked, in accordance with
this Act.
A certificate of registration bearing the registration number, date of issuance and expiry date, duly signed
by the Chairman of the Board, shall likewise be issued to every registrant who has paid the required fees.
This license will serve as evidence that the licensee can lawfully practice his/her profession.
A professional identification card, whether new or for renewal, shall be released by the PRC upon
compliance with the requirements for the application or renewal of identification card and upon
presentation of the updated receipt of payment of annual membership dues of the accredited professional
organization of interior designers and proof of completion of the CPE requirements.
Once registered, the interior designer may use "IDr." as his/her official appendage title.
Section 21. Refusal to Register. – The Board shall not register any successful applicant for registration
who has been:
(a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction;
(b) Who has been found guilty of immoral or dishonorable conduct by the Board;
(c) Adjudged guilty for violation of the General Instructions to Examinees by the Board; and/or
(d) Declared of unsound mind by a court of competent jurisdiction.
In refusing such registration, the Board shall give the applicant a written statement setting forth the
reasons therefore and shall file a copy thereof in its records.
Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of
Temporary/Special Permit. – The Board shall have the power, upon notice and hearing, to revoke or
suspend the certificate of registration of a registered and licensed interior designer or to cancel a
temporary/special permit granted to foreign interior designer, for violation of any grounds or causes in
Section 21 of this Act, except (c) thereof and any of the following grounds:
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(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good Governance, the
Code of Professional Standards for the practice of interior design as well as the policy measures
promulgated by the Board and/or the Commission;
(b) Perpetration and/or use of fraud in obtaining his/her certificate of registration, professional identification
card or temporary/special permit;
(c) Gross incompetence, negligence or ignorance resulting to death, injury or damage;
(d) Refusal to join or to remain a member in good standing of the AIPO for interior designers;
(e) Neglect or failure to pay the annual registration fees for five (5) consecutive years;
(f) Knowingly aiding or abetting the illegal practice of a nonregistered and licensed person by allowing
him/her to use his/her certificate of registration and/or professional identification card and/or his/her
temporary/special permit;
(g) Illegally practicing the profession during his/her suspension from the practice thereof;
(h) Addiction to a drug or alcohol abuse, impairing his/her ability to practice his/her profession or being
declared of unsound mind by a court of competent jurisdiction; and
(i) Noncompliance with the CPE requirements, unless he/she is exempted therefrom, for the renewal of
his/her professional identification card.
The Board shall periodically evaluate the aforementioned grounds and amend, modify, revise, exclude
and/or add new ones as the circumstances and the developments in the profession may require, subject to
approval of the Commission.
Any person, firm or association may file charge/s in accordance with the provision of this section against
any registered interior designer or the Board may motu proprio investigate violation of any of the
abovementioned causes. Affidavit embodying the complaint shall be filed together with the affidavits of
witnesses and other documentary evidence with the Board though the Legal and Investigation Office.
Any motu proprio action of the Board to conduct an investigation shall be embodied in a formal charge to
be signed by at least majority of the members of the Board. The rules on administrative investigation
issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this
Act, Republic Act No. 8981 and the Revised Rules of Court.
Section 23. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged
Certificate of Registration, Professional Identification Card or Temporary/ Special Permit. –The Board may,
upon petition on meritorious grounds, reinstate or reissue a revoked certificate of registration after two (2)
years from the date of effectivity of the period for revocation. The date of effectivity of the period of
revocation shall be reckoned from the date of receipt by the respondent of the final order or resolution
revoking his/her registration or the date of the surrender by the respondent of his/her certificate of
registration and professional identification card, if it is still valid.
The Board may not require the holder thereof to take another licensure examination. The petitioner shall
prove to the Board that the ground or grounds for the revocation of his/her certificate of registration no
longer exists. For the grant of his/her petition, the Board shall issue a Board Resolution subject to approval
by the Commission.
A duplicate copy of lost certificate of registration, professional identification card or temporary/special
permit may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor.
Section 24. Nonpayment of the Annual Registration Fees. –The Board shall suspend a registered interior
designer from the practice of his/her profession for nonpayment of the annual registration fees for five (5)
consecutive years from his/her last or previous year of payment. The resumption of his/her practice shall
take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with
the rules of the Commission. The running of the five (5)-year period may be interrupted upon written notice
of the discontinuance of his/her practice and surrender of his/her certificate of registration and professional
identification Card to the Board and/or the Commission.
Section 25. Vested Rights. – All practicing interior-designers who are registered at the time of the passage
of this Act shall automatically be registered and issued certificates of registration, subject to existing rules
and regulations.
ARTICLE IV
PRACTICE OF INTERIOR DESIGN
Section 26. Lawful Practitioners of Interior Design. – The following persons shall be authorized to practice
the interior design profession:
(a) Natural persons who are:
(1) Duly registered and licensed as interior designers and holders of valid certificates of registration and
valid professional identification cards issued by the Board and the Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed
interior designers pursuant to this Act.(a) Natural persons who are:
(b) Juridical persons:
(1) Single proprietorship owned by a registered and licensed interior designer;
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(2) General professional partnership duly registered with the Securities and Exchange Commission (SEC)
as professional partnership pursuant to the Civil Code and composed of partners who are all duly
registered and licensed interior designers; and
(3) Corporation whose chief executive officer (CEO) and other key officers are all registered and licensed
interior designers may be duly registered with the SEC as engaged in the practice of interior design.
Section 27. Issuance and Use of Seal. – A duly registered interior designer shall sign and affix the seal as
approved and provided by the Board on all plans, specifications and contract documents prepared by
him/her and/or under his/her direct supervision during the validity of his/her certificate of registration.
Officers and/or employees of the government, chartered cities, provinces, municipalities now or hereafter
charged with the enforcement of the laws, ordinances or regulations relating to the construction or
alteration of the interiors of buildings shall accept only those interior plans, specifications and contract
documents which have been prepared by or under the supervision of a duly licensed interior designer and
signed and sealed by him/her and submitted in full accord with the provisions of this Act.
Violation of the foregoing shall be ground for administrative and/or criminal action.
Section 28. Proprietary Rights. –An interior designer shall enjoy proprietary rights over all drawings and
specifications and other contract documents prepared by him/her resulting from his/her professional labor
and duly signed, stamped or sealed by him/her, as instruments of service, as well as over the original
concepts and designs contained and/or included therein. No person may engage in any activity prejudicial
to the proprietary rights of the interior designer, including the reproduction of the contract work or
substantial portion thereof, making any alteration, distortion, mutilation, or other modification of, or any
derogatory action in relation to, the contract work and the detailed works contained therein, without the
written consent of the interior designer unless the said contract work is a commissioned piece of work duly
paid for by the person or party who/which commissioned the same in which case the said person or party
shall have the right to alter, revise and/or modify the drawing, specification, design, concept and/or
contract works.
Section 29. Foreign Reciprocity. – No foreign interior designer shall be issued a certificate of registration
to practice the interior design profession or be entitled to any of the rights and privileges under this Act
unless the country of which he/she is a subject or citizen has a policy which permits Filipino interior
designers to practice within its territorial limits on the same basis as the subjects or citizens of such foreign
state or country.
Section 30. Practice Through Temporary/Special Permit. – (a) Foreigners intending to work in the
Philippines to perform professional services as interior designers or consultants whether employed
through official foreign-funded or foreign-assisted projects initiated by the government, or engaged by
private Filipino or foreign contractors and/or firms shall first secure a temporary/special permit from the
Commission through the Board specifically authorizing him/ her to practice on the special project or
commission named therein: Provided, That:
(1) He/She is legally and professionally qualified and registered to practice interior design in his/her own
country; and
(2) His/Her expertise is unique and useful to the Philippines, resulting in the transfer of information and
technology, the establishment of international standards in design, and the sharing of other specialized
skills.
(b) The foreign interior designer shall be required to work in every case with a duly licensed Filipino
counterpart who has been in continuous practice of interior design for at least ten (10) years and whose
competence and integrity have been established by the Board on the basis of uniform standards contained
in their IRR.
(c) The foreign and Filipino interior designers working jointly on a special project shall divide the
professional fees and other charges from said project equitably, according to their participation in or
professional services rendered to the project. Similarly, all documentation expenses, taxes and other
liabilities incurred on the shared project shall also be borne equitably by both foreign and Filipino interior
designers.
(d) Foreigners working jointly with Filipino interior designers shall sign contracts, designs and other credits
together with his/her Filipino counterpart. Both foreign and Filipino interior designers shall at all times be
acknowledged in all marketing and promotional materials and reportorial compliance for the project,
whether prepared and/or submitted locally or abroad. All residual earnings shall also be equitably shared
between foreign and local interior designers.
(e) Foreign design firms or individuals practicing in the Philippines before the promulgation of this Act are
required to comply with the requirements established by the Board in its IRR within the timetable it
stipulates therein.
(f) Any violation of these requirements or other illegal practices undertaken by either foreign design firms or
their Filipino counterparts shall be punishable by law and/or the IRR issued by the Board.
Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and AIPO
Membership. – The interior designer shall be required to indicate his/her certificate of registration number
and date of issuance, the expiry of his/her current professional identification card, the professional tax
receipt number and its date of issuance, and his/her AIPO membership number and date with official
receipt number and date of membership payment (annual/lifetime) on all the documents he/she signs,
uses or issues in connection with the practice of his/her interior design profession.
Section 32. Roster of Interior Designers. – The Board shall prepare and maintain a roster of the names,
residence and/or office address of all registered interior designers which shall be updated annually in
cooperation with the AIPO, indicating therein the status of the certificate of registration, professional
identification card and AIPO membership, whether valid, delinquent, suspended or surrendered or
terminated due to death or other reasons. The said roster shall be conspicuously posted within the
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premises of the Commission and the information therefrom made available to the public upon inquiry or
request.
Section 33. Integration of the Interior Designers. – The interior designers shall be integrated into one (1)
national organization of interior designers that is duly registered with the SEC. The Board, subject to
approval by the Commission, shall accredit the said organization as the one and only AIPO of interior
designers. All interior designers whose names appear in the Registry Book of Interior Designers shall ipso
facto or automatically become members thereof and shall receive therefrom all the benefits and privileges
due to members upon payment of AIPO membership fees and dues.
Membership in other organizations of interior designers shall not be barred.
ARTICLE V
FINAL PROVISIONS
Section 34. Penal Clause. – The following acts shall be punished by a fine of not less than Three hundred
thousand pesos (Php300,000.00) but not more than One million pesos (Php1,000,000.00) or imprisonment
of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, at the
discretion of the court.
(a) Local Practitioner. –
(1) Practicing interior design, rendering work and consultations or rendering equivalent services as interior
designer as defined in this Act or using the title "Interior Designer", "Interior Design Consultant", "Interior
Design Stylist", or "Interior Design" or the official appendage title "IDr." in any signage, calling card,
advertisement or any other mode of publicity without a valid certificate of registration and/or a valid
professional identification card or a valid temporary/special permit;
(2) Using or attempting to use the seal, certificate of registration and/or professional identification card of a
registered interior designer or temporary/special permit issued to foreign professional;
(3) Abetting the illegal practice of interior design by an unregistered or unauthorized person; and
(4) Impersonating a registered interior designer or a holder of a temporary/special permit.
(b) Foreign Practitioner/Firm. – The responsible officers of a foreign interior design firm and/or a foreigner
who shall be found guilty of illegally practicing the interior design profession shall be penalized with a fine
equivalent to thirty percent (30%) of their gross fees in addition to payment of back taxes due to the
Philippine government, if any, and imprisonment of not less than six (6) months but not more than three (3)
years, or both fine and imprisonment, as well as permanent ban from practice in the Philippines, at the
discretion of the court.
(c) Violation of any provision of this Act or the IRR thereof.
Section 35. Civil Liability. – The interior designer shall assume full responsibility for the contract work THE CHILD AND YOUTH WELFARE CODE
within one (1) year from the final acceptance by the client and may be held responsible for any damage or
destruction of the works except those occasioned by force majeure. Tire interior designer shall be fully I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
responsible for the safety, protection, security and convenience of his clients/user, personnel, third parties, Constitution, do hereby order and decree the following:
and the public at large, as well as the works, equipment installation and the like to be affected by his work.
TITLE I
The liability period for defects in the projects shall be one (1) year from final acceptance by the client. GENERAL PRINCIPLES
During this period, the interior designer shall undertake the repair works, at his/her own expense, of any
damage to the projects arising from his/her design and/or specifications, within forty-five (45) days from the
Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort
time the client has issued a notification of the need to undertake repair. In case of failure or refusal to
should be exerted to promote his welfare and enhance his opportunities for a useful and happy life.
comply with this mandate, the client may undertake such repair works and shall be entitled to full
reimbursement of expenses incurred therein upon demand.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated
to the utmost insofar as they do not conflict with the general welfare.
The failure of the responsible interior designer with the preceding paragraph shall be a ground for
administrative disciplinary action for which he/she can be held liable for suspension or any appropriate
penalty as may be determined by the Board. The molding of the character of the child starts at the home. Consequently, every member of the family
should strive to make the home a wholesome and harmonious place as its atmosphere and conditions will
greatly influence the child's development.
Section 36. Enforcement. – The Commission shall implement the concerned provisions of this Act,
enforce the IRR as adopted by the Board, conduct investigations on complaints including violations of the
Code of Conduct of the profession and prosecute the same when so warranted. Attachment to the home and strong family ties should be encouraged but not to the extent of making the
home isolated and exclusive and unconcerned with the interests of the community and the country.
Section 37. Appropriations. – The Chairperson of the Commission shall immediately include in the
Commission’s program the implementation of this Act, the funding of which shall be included in the annual The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid
General Appropriations Act. and support of the government.

Section 38. Transitory Provisions. – The incumbent Chairman and members of the Board shall, in an
interim capacity, continue to function as such until the Chairman and members of the new Board created
under this Act shall have been appointed, constituted and/or organized pursuant thereto.
Section 39. Implementing Rules and Regulations. – The Board, with the approval of the Commission,
shall adopt and promulgate such IRR it may deem appropriate within ninety (90) days from its constitution.
The same shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2)
newspapers of general circulation in the country.
Section 40. Separability Clause. – If any clause, provision, paragraph or part hereof shall be declared
unconstitutional or invalid, the same shall not affect, invalidate or impair any other part hereof, and shall be
merely confined to the clause, provision, paragraph or part directly involved in the controversy in which
such judgment has been rendered.
Section 41. Repealing Clause. – Republic Act No. 8534 is hereby repealed. All other laws, decrees,
executive orders and administrative issuances or parts thereof which are inconsistent with the provisions
of this Act are hereby modified, superseded and/or repealed accordingly.
Other institutions, like the school, the church, the guild, and the community in general, should assist the
home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare Code. It
shall apply to persons below twenty-one years of age except those emancipated in accordance with law.
"Child" or "minor" or "youth" as used in this Code, shall refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction
as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception,
as generally accepted in medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.

PRESIDENTIAL DECREE No. 603

12
(3) Every child has the right to a well-rounded development of his personality to the end that he may
become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding,
and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and care required by
his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment
and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the development of his
skills for the improvement of his capacity for service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual
as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free
from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable
traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his
parents or guardians fail or are unable to provide him with his fundamental needs for growth, development,
and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy
and inspire him with the morality of the constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a
better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex,
religion, social status, political antecedents and other factors shall:
13
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of
his elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to
keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education
suited to his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our
heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of
democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind
that it is the youth who will eventually be called upon to discharge the responsibility of leadership in
shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the
time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the
Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be
governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly
confidential and no information relating thereto shall be issued except on the request of any of the
following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally
in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or
other official proceedings to determine the identity of the child's parents or other circumstances
surrounding his birth; and
 (4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine
in an amount not exceeding five hundred pesos, or both, in the discretion of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and
property of the child, his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his
various levels of growth, from infancy to early and later childhood, to puberty and adolescence, and when
necessary even after he shall have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to ensure and enable his fullest development
physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and in
conditions of freedom and dignity appropriate to the corresponding developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal
and post-natal care both for him and his mother. All appropriate measures shall be taken to insure his
normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking
after the health of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education shall assist the
parents in providing the best education for the child.
Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and
emotional growth. These shall be undertaken by the home in collaboration with the schools and other
agencies engaged in the promotion of child welfare.
Article 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the
school, and the church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of
his religion should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be
brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full
consciousness of his responsibilities as a member of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
14
CHAPTER I
Parental Authority
SECTION A. In General
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children. In case of disagreement, the
father's decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to exercise
parental authority over such children, unless in case of the surviving parent's remarriage, the court, for
justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother
unless the court finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall
not interfere in the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister
who is at least eighteen years of age, or the relative who has actual custody of the child, shall exercise
parental authority in case of absence or death of both parents, unless a guardian has been appointed in
accordance with the succeeding provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts.
328 to 332 of the Civil Code, appoint a guardian for the person and property of the child, on petition of any
relative or friend of the family or the Department of Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child
shall be under the parental authority of a suitable or accredited person or institution that is caring for him as
provided for under the four preceding articles, after the child has been declared abandoned by either the
court or the Department of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child
may be transferred to the care of the Department of Social Welfare or a duly licensed child-caring
institution or individual in accordance with Articles 142 and 154 of this Code, or upon the request of the
person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring
institution or individual shall be considered the guardian of the child for all intents and purposes.
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of
every child who is the subject of guardianship or custody proceedings and to submit its report and
recommendations on the matter to the court for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall
intervene on behalf of the child if it finds, after its case study, that the petition for guardianship or custody
should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the
discretion of the court, be closed to the public and the records thereof shall not be released without its
approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not
inconsistent with the provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348
inclusive on Adoption, are hereby expressly repealed and replaced by Section B of this Chapter.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt:
Provided, That he is in a position to support and care for his legitimate, legitimated, acknowledged natural
children, or natural children by legal fiction, or other illegitimate children, in keeping with the means, both
material and otherwise, of the family. In all cases of adoption the adopter must be at least fifteen years
older than the person to be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own country or one with whose
government the Republic of the Philippines has broken diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental
authority shall be exercised as if the child were their own by nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines has broken diplomatic relations;
15
3. A person who has already been adopted unless the adoption has been previously revoked or rescinded
in accordance with this Chapter.
Article 31. Whose Consent is Necessary. - The written consent of the following to the adoption shall be
necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly
licensed child placement agency under whose care the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to
prevent the natural parents from making hurried decisions caused by strain or anxiety to give up the child,
and to ascertain, that all measures to strengthen the family have been exhausted and that any prolonged
stay of the child in his own home will be inimical to his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department of Social
Welfare, or the Social Work and Counselling Division, in case of Juvenile and Domestic Relations Courts,
has made a case study of the child to be adopted, his natural parents as well as the prospective adopting
parents, and has submitted its report and recommendations on the matter to the court hearing such
petition. The Department of Social Welfare shall intervene on behalf of the child if it finds, after such case
study, that the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as
they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting
parents are given by the court a supervised trial custody period of at least six months to assess their
adjustment and emotional readiness for the legal union. During the period of trial custody parental
authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if
it finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing
said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly
licensed child placement agency and the evidence submitted before it, the court is satisfied that the
petitioner is qualified to maintain, care for, and educate the child, that the trial custody period has been
completed, and that the best interests of the child will be promoted by the adoption, a decree of adoption
shall be entered, which shall be effective as of the date the original petition was filed. The decree shall
state the name by which the child is thenceforth to be known.
Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be
annotated on the record of birth, and the same shall entitle the adopted person to the issuance of an
amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases 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, of the Department of Social Welfare, and of any other agency or institution
participating in the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and
papers is needed, the person or agency requesting the release of the information may file a petition to the
court which entered the decree of adoption for its release. If the court finds that the disclosure of the
information is necessary for purposes connected with or arising out of the adoption and will be for the best
interests of the child, the court may permit the necessary information to be released, restricting the
purposes for which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:
Provided, That an adopted child cannot acquire Philippine citizenship by virtue of such
adoption; lawphi1.net
2. Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of
the surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by
legitimate parents or ascendants and by an adopted person, the latter shall not have more successional
rights than an acknowledged natural child: Provided, further, That any property received gratuitously by the
adopted from the adopter shall revert to the adopter should the former predecease the latter without
legitimate issue unless the adopted has, during his lifetime, alienated such property: Provided, finally, That
in the last case, should the adopted leave no property other than that received from the adopter, and he is
survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse shall receive
one-fourth of such property; if the adopted is survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the rest in any case reverting to the
adopter, observing in the case of the illegitimate issue the proportion provided for in Article 895 of the Civil
Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him,
except that if the latter are both dead, the adopting parent or parents take the place of the natural parents
in the line of succession, whether testate or interstate.
16
Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly
licensed child placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the
rescission of the adoption on the same grounds that cause the loss of parental authority under the Civil
Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation of the adoption
in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or his spouse;
2. When the adopted minor has abandoned the home of the adopter for more than three years and efforts
have been exhausted to locate the minor within the stated period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of
majority at the time of the revocation or rescission referred to in the next preceding articles, the court in the
same proceeding shall determine whether he should be returned to the parental authority of his natural
parents or remitted to the Department of Social Welfare or any duly licensed child placement agency or
whether a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted
by the court, shall release him from all obligations to his adopting parents and shall extinguish all his rights
against them: Provided, That if the said adopted person is physically or mentally handicapped as to need a
guardian over his person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's
surname and the court shall order the amendment of the records in the Civil Register in accordance with its
decision.
CHAPTER II
Rights of Parents
Article 43. Primary Right of Parents. - The parents shall have the right to the company of their children
and, in relation to all other persons or institutions dealing with the child's development, the primary right
and obligation to provide for their upbringing.
Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in
Articles 316 to 326 of the Civil Code over the person and property of the child.
Article 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for
the formation of his good character, and may therefore require from him obedience to just and reasonable
rules, suggestions and admonitions.
CHAPTER III
Duties of Parents
Article 46. General Duties. - Parents shall have the following general duties toward their children:
1. To give him affection, companionship and understanding;
2. To extend to him the benefits of moral guidance, self-discipline and religious instruction; lawphi1.net
3. To supervise his activities, including his recreation; lawphi1.net
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment
to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and
9. To administer his property, if any, according to his best interests, subject to the provisions of Article 320
of the Civil Code.
Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion
of family affairs, especially in matters that particularly concern him. In cases involving his discipline, the
child shall be given a chance to present his side.
Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to
encourage him to conduct with them on his activities and problems.
Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not
live with his parents, the latter shall communicate with him regularly and visit him as often as possible. The
17
parents shall see to it that the child lives in a safe and wholesome place and under responsible adult care
and supervision.
Article 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and
to encourage and develop them. If the child is especially gifted, his parents shall report this fact to the
National Center for Gifted Children or to other agencies concerned so that official assistance or recognition
may be extended to him.
Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever
possible, provide the child with good and wholesome reading material, taking into consideration his age
and emotional development. They shall guard against the introduction in the home of pornographic and
other unwholesome publications.
Article 52. Association with Other Children. - Parents shall encourage the child to associate with other
children of his own age with whom he can develop common interests of useful and salutary nature. It shall
be their duty to know the child's friends and their activities and to prevent him from falling into bad
company. The child should not be allowed to stay out late at night to the detriment of his health, studies or
morals.
Article 53. Community Activities. - Parents shall give the child every opportunity to form or join social,
cultural, educational, recreational, civic or religious organizations or movements and other useful
community activities.
Article 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person
should be present to supervise the same.
Article 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to
intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices.
Article 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise
him on this matter but should not impose on him their own choice.
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of
choosing his future spouse. Parents should not force or unduly influence him to marry a person he has not
freely chosen.
CHAPTER IV
Liabilities of Parents
Article 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their
parental authority in accordance with the Civil Code.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care and protection he
needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station in life and financial
conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as
here used means absence without cause for more than twenty schooldays, not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment
these exceed five schooldays.
8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and
other acts which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other
excessive chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or dissolute life.
11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
12. Allows or requires the child to drive without a license or with a license which the parent knows to have
been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed
that he permitted or ordered the child to drive.
"Parents" as here used shall include the guardian and the head of the institution or foster home which has
custody of the child.
Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment
from two or six months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court,
unless a higher penalty is provided for in the Revised Penal Code or special laws, without prejudice to
actions for the involuntary commitment of the child under Title VIII of this Code.
18
CHAPTER V
Assistance to Parents
Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably
neglectful in the performance of his duties toward the child, he shall be admonished by the Department of
Social Welfare or by the local Council for the Protection of Children referred to in Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially
admonished.
Article 62. Medical and Dental Services. - If the child has special health problems, his parents shall be
entitled to such assistance from the government as may be necessary for his care and treatment in
addition to other benefits provided for under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and
social services shall be given to any needy family, to help maintain the child or children in the home and
prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration,
among other things, the self-employment of any of the family members and shall be paid from any funds
available for the purpose.
Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall
give assistance to widowed or abandoned parent or where either spouse is on prolonged absence due to
illness, imprisonment, etc. and who is unable to support his/her children. Financial and other essential
social services shall be given by the National Government or other duly licensed agencies with similar
functions to help such parent acquire the necessary knowledge or skill needed for the proper care and
maintenance of the family.
Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two
preceding articles shall be (1) the age of the child or children (2) the financial condition of the family, (3) the
degree of deprivation of parental care and support, and (4) the inability to exercise parental authority.
Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and
after the birth of the child, seek the assistance and advice of the Department of Social Welfare or any duly
licensed child placement agency. The said agencies shall offer specialized professional services which
include confidential help and protection to such mother and her child, including placement of protection to
such mother and child, including placement of such mother's rights, if any, against the father of such child.
CHAPTER VI
Foster-Care
Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social
Welfare or any duly licensed child placement agency when and as the need therefore arises. They shall be
run by married couples, to be licensed only after thorough investigation of their character, background,
motivation and competence to act as foster parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional
care. Unless absolutely necessary, no child below nine years of age shall be placed in an institution. An
older child may be taken into an institution for child care if a thorough social case study indicates that he
will derive more benefit therefrom.
Article 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute
parental arrangement shall be provided a child whose parents and relatives are not able to care for him
during the day. Such arrangements shall be the subject of accreditation and licensing by the Department of
Social Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as
possible, the affection and understanding that his own parents, if alive or present, would or should have
extended to him. Foster care shall take into consideration the temporary nature of the placement and shall
not alienate the child from his parents.
TITLE III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it that no child is refused admission in public
schools. All parents are required to enroll their children in schools to complete, at least, an elementary
education.
Article 72. Assistance. - To implement effectively the compulsory education policy, all necessary
assistance possible shall be given to parents, specially indigent ones or those who need the services of
children at home, to enable the children to acquire at least an elementary education. Such assistance may
be in the form of special school programs which may not require continuous attendance in school, or aid in
the form of necessary school supplies, school lunch, or whatever constitutes a bar to a child's attendance
in school or access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working mothers and
indigent parents, and in keeping with the Constitutional provision on the maintenance of an adequate
system of public education, public nursery and kindergarten schools shall be maintained, whenever
possible. The operation and maintenance of such schools shall be the responsibility of local governments.
Aid from local school board funds, when available, may be provided.
19
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes in every
province, and, if possible, special schools for the physically handicapped, the mentally retarded, the
emotionally disturbed, and the specially gifted. The private sector shall be given all the necessary
inducement and encouragement to establish such classes or schools.
Article 75. School Plants and Facilities. - Local school officials and local government officials shall see to it
that school children and students are provided with adequate schoolrooms and facilities including
playground, space, and facilities for sports and physical development activities. Such officials should see
to it that the school environment is free from hazards to the health and safety of the students and that there
are adequate safety measures for any emergencies such as accessible exits, firefighting equipment, and
the like. All children shall have the free access to adequate dental and medical services.
CHAPTER II
The Home and the School
Article 76. Role of the Home. - The home shall fully support the school in the implementation of the total
school program - curricular and co-curricular - toward the proper physical, social, intellectual and moral
development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a
parent-teacher association for the purpose of providing a forum for the discussion of problems and their
solutions, relating to the total school program, and for insuring the full cooperation of parents in the efficient
implementation of such program. All parents who have children enrolled in a school are encouraged to be
active members of its PTA, and to comply with whatever obligations and responsibilities such membership
entails.
Parent-Teacher Association all over the country shall aid the municipal and other local authorities and
school officials in the enforcement of juvenile delinquency control measures, and in the implementation of
programs and activities to promote child welfare.
CHAPTER III
Miscellaneous
Article 78. Contributions. - No school shall receive or collect from students, directly or indirectly,
contributions of any kind or form, or for any purpose except those expressly provided by law, and on
occasions of national or local disasters in which case the school any accept voluntary contribution or aid
from students for distribution to victims of such disasters or calamities.
TITLE IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting the
religious and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations or groups may,
conformably to law, establish schools for the purpose of educating children in accordance with the tenets
of their religion.
Article 81. Religious Instruction. - The religious education of children in all public and private schools is a
legitimate concern of the Church to which the students belong. All churches may offer religious instruction
in public and private elementary and secondary schools, subject to the requirements of the Constitution
and existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government shall
extend to all churches, without discrimination or preference, every opportunity to exercise their influence
and disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and to
perform their religious duties. Whenever possible, parents shall accompany their children to the regular
devotion of their Church and other religious ceremonies.
TITLE V.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the State
Article 84. Community Defined. - As used in this Title, a community shall mean, the local government,
together with the society of individuals or institutions, both public and private, in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a
society that offers or guarantee him safety, health, good moral environment and facilities for his
wholesome growth and development, it shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of children and the enhancement of
their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental objectives of
education; lawphi1.net
3. Organize or encourage movements and activities, for the furtherance of the interests of children and
youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other
recreational facilities;
20
5. Support parent education programs by encouraging its members to attend and actively participate
therein;
6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote areas or belonging to
cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and protection to
destitute, abandoned, neglected, abused, handicapped and disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact ordinances
and resolutions not inconsistent with law or municipal ordinances, as may be necessary to provide for the
proper development and welfare of the children in the community, in consultation with representatives of
national agencies concerned with child and youth welfare.
Article 87. Council for the Protection of Children. - Every barangay council shall encourage the
organization of a local Council for the Protection of Children and shall coordinate with the Council for the
Welfare of Children and Youth in drawing and implementing plans for the promotion of child and youth
welfare. Membership shall be taken from responsible members of the community including a
representative of the youth, as well as representatives of government and private agencies concerned with
the welfare of children and youth whose area of assignment includes the particular barangay and shall be
on a purely voluntary basis.
Said Council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-child relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so
that they can get expert advise;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds and day-care centers and other services that are
necessary for child and youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children and secure their
cooperation; lawphi1.net
8. Promote wholesome entertainment in the community, especially in movie houses; and
9. Assist parents, whenever necessary in securing expert guidance counseling from the proper
governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to
parents available literature and other information on child guidance. The Council shall assist parents, with
behavioral problems whenever necessary, in securing expert guidance counseling from the proper
governmental or private welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual scholarship
for indigent children who, in judgment of the Council for the Protection of Children, deserve public
assistance in the development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil
youth associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment of
the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any club,
organization or association of individuals twenty-one years of age or over, which is directly or indirectly
involved in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults holding
benefits or soliciting contributions pursuant to the provisions of the next preceding article, to render an
accounting of the proceeds thereof to the Department of Social Welfare or to the city or municipal treasurer,
as the case may be.
Article 93. Functions. - Civic associations and youth associations shall make arrangements with the
appropriate governmental or civic organization for the instruction of youth in useful trades or crafts to
enable them to earn a living.
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth
associations shall be conducted in a peaceful and lawful manner.
21
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic associations
and youth associations to bring to the attention of the proper authorities the exhibition of indecent shows
and the publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic association,
prohibit any movie, television or radio program offensive to the proprieties of language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen years of age due
to their advocating or unduly suggesting violence, vices, crimes and immorality, shall not be shown in any
movie theater where the main feature is for general patronage nor shall they be used or shown during or
immediately before and after any television or radio program for children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association may
complain to the officials of any public or private child-caring agency about any act or omission therein
prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the
Department of Social Welfare, which shall promptly investigate the matter and take such steps as may be
necessary.
Article 97. Studies and Researches. - The government shall make available such data and technical
assistance as may be needed by civic associations conducting studies and researches on matters relating
to child welfare, including the prevention of juvenile delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic associations or youth
associations shall receive the support and encouragement of the State.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any club,
organization or association of individuals below twenty-one years of age which is directly or indirectly
involved in carrying out child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge
the same responsibilities as civic associations as may be permitted under existing laws.
Article 101. Student Organizations. - All student organization in public or private schools shall include in
their objectives the cultivation of harmonious relations among their members and with the various
segments of the community.
CHAPTER III
Collaboration Between the Home and the Community
Article 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an
atmosphere conducive to the proper upbringing of children, particularly with respect to their preparation for
adult life and the conscientious discharge of their civic duties as a whole.
Article 103. Unwholesome Influence. - The home and the community shall cooperate with each other in
counteracting and eliminating such influences as may be exerted upon children by useless and harmful
amusements and activities, obscene exhibitions and programs, and establishments inimical to health and
morals.
TITLE VI.
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER I
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of
persons working in commercial, industrial, and agricultural establishments or enterprises, whether
belonging to labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall provide
by ordinance for the formation and organization of a samahan in their respective communities.
Membership in the samahan shall be on voluntary basis from among responsible persons from the various
sectors of the community mentioned in the preceding article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is harmful to their normal
growth and development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of
employment are in accordance not only with law but also with equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and secure to them their
basic right to an education; lawphi1.net
4. Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to
engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and agencies in the barangay,
municipality or city to arrange for possible marketing of the products or articles made by the students; and
6. Provide work experience, training and employment in those areas where the restoration and
conservation of our natural resources is deemed necessary.
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CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may be
employed to perform light work which is not harmful to their safety, health or normal development and
which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment of children are
hereby adopted as part of this Code insofar as not inconsistent herewith.
Article 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a
report of all children employed by him. A separate report shall be made of all such children who are found
to be handicapped after medical examination. The Secretary of Labor shall refer such handicapped
children to the proper government or private agencies for vocational guidance, physical and vocational
rehabilitation, and placement in employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or agricultural
establishment or enterprise shall keep:
1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their parents or guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in accordance with existing
laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age,
the head of the family shall give him an opportunity to complete at least elementary education as required
under Article 71. The cost of such education shall be a part of the domestic's compensation unless there is
a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join
the collective bargaining union of their own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten or coerce working children to join,
continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between labor and
management in the observance of the conditions of employment required by law for working children.
Article 113. Educational Assistance Programs. - The management may allow time off without loss or
reduction of wages for working children with special talents to enable them to pursue formal studies in
technical schools on scholarships financed by management or by the collective bargaining union or
unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors
Bureau of the Department of Labor, undertake projects and in-service training programs for working
children which shall improve their conditions of employment, improve their capabilities and physical fitness,
increase their efficiency, secure opportunities for their promotion, prepare them for more responsible
positions, and provide for their social, educational and cultural advancement.
Article 115. Research Projects. - Labor and management shall cooperate with any government or private
research project on matters affecting the welfare of working children.
CHAPTER IV
Collaboration Between the Home and the Samahan
Article 116. Collaboration Between the Home and the Samahan. - The home shall assist the Samahan in
the promotion of the welfare of working children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity of labor;
2. Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their
duties;
3. Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the
improvement of their economic security; and
4. Protect their general well-being against exploitation by management or unions as well as against
conditions of their work prejudicial to their health, education, or morals.
TITLE VII.
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I
Regulation of Child and Youth Welfare Services
Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare
agencies providing encouragement, care, and protection to any category of children and youth whether
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mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful offenders,
classified and defined as follows, shall be coordinated by the Department of Social Welfare:
1. A child-caring institution is one that provides twenty-four resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children, or youthful offenders.
2. An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine
or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their
parents or guardians for at least two months of summer vacation.
3. A detention home is a twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
4. A shelter-care institution is one that provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of
neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order
holding them as material witnesses.
5. Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for
children who shall during this period be under observation and study for eventual placement by the
Department of Social Welfare. The number of children in a receiving home shall not at any time exceed
nine: Provided, That no more than two of them shall be under three years of age.
6. A nursery is a child-caring institution that provides care for six or more children below six years of age
for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and
educational services.
7. A maternity home is an institution or place of residence whose primary function is to give shelter and
care to pregnant women and their infants before, during and after delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other
disturbed children.
9. A reception and study center is an institution that receives for study, diagnosis, and temporary treatment,
children who have behavioral problems for the purpose of determining the appropriate care for them or
recommending their permanent treatment or rehabilitation in other child welfare agencies.
10. A child-placing agency is an institution or person assuming the care, custody, protection and
maintenance of children for placement in any child-caring institution or home or under the care and
custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of
such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.
Article 118. License Required. - No private person, natural or juridical, shall establish, temporarily or
permanently, any child welfare agency without first securing a license from the Department of Social
Welfare.
Such license shall not be transferable and shall be used only by the person or institution to which it was
issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency is clearly defined and stated in
writing. Such definition shall include the geographical area to be served, the children to be accepted for
care, and the services to be provided.
If the applicant is a juridical person, it must be registered in accordance with Philippine laws.
Article 119. Guiding Principles. - The protection and best interests of the child or children therein shall be
the first and basic consideration in the granting, suspension or revocation of the license mentioned in the
preceding article.
Article 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice
and hearing , suspend or revoke the license of a child welfare agency on any of the following grounds:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support and maintain the children therein
or to perform the functions for which it was granted license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be, or is physically
dangerous to children or would unduly expose children to crime, vice, immorality, corruption or severe
cruelty; or
6. That said agency has by any act or omission shown its incompetence or unworthiness to continue acting
as a child welfare agency. During the period of suspension, the agency concerned shall not accept or
admit any additional children. In any case, the Department of Social Welfare shall make such order as to
the custody of the children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order of the Department of Social
Welfare to remove or remedy the conditions which have risen to the suspension. The aggrieved agency
may appeal the suspension and/or revocation in a proper court action. In such case, the court shall within
fifteen days from the filing of the Department of Social Welfare's answer, conduct a hearing and decide the
case, either by lifting the suspension, or continuing it for such period of time as it may order, or by revoking
24
the license of the agency where the Department of Social Welfare has proven the revocation to be
justified.
Article 121. Responsible Government Body. - The governing body of a child welfare agency or institution
shall be composed of civic leaders or persons of good standing in the community. The administrator must
be a competent person qualified by education or experience or both to serve as such.
Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or corporation
may be both a child-caring institution and a child-placement agency and it may be licensed to carry out
both types of service.
When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to
make thorough studies of every prospective family home. Staff arrangements must also be made for
continuing supervision of the children staying in family homes so long as the children remain in the legal
custody of the agency.
Article 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be
persons of good health and character, and whenever possible, the higher rank of employees shall in
addition have training, preferably in child psychology.
Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to
determine if the acceptance or continued stay of a child in its institution is necessary. Each licensee shall
make provisions for continuing services, including social casework for every child under its care.
Article 125. Records. - The licensee shall keep confidential records of every child in its study. These
records shall be made available only to such persons as may be authorized by the Department of Social
Welfare or by the proper court.
Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a
pleasant atmosphere that shall approximate as nearly as possible the conditions of an ideal home.
Vocational rehabilitation shall also be provided in accordance with existing law and the particular needs of
the children.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's
total nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for every
child under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both in
ventilation and sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to make the children
aware of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care for
sick children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious training to children
under its custody, taking into consideration the religious affiliation or express wishes of the child or his
parents. For such purpose, it shall have a defined policy regarding its religious activities for the information
of those wishing to place children in its care.
Article 132. Annual Report. - Every child welfare agency or institution shall submit to the Department of
Social Welfare an annual report setting forth a brief summary of its operations during the preceding year,
including the funds received during said period, the sources thereof, the purposes for which they were
spent and the cash position of the agency or institution as of the date of the report, number of children
admitted, and such other information as may be required by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper
upbringing of the child, the State shall, whenever possible, in collaboration and cooperation with local
government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children's recreation centers.
Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every
barangay to perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the expectant or
nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
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4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as
far as practicable, be established in every province or city to hear and decide cases involving juvenile and
domestic problems.
Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional
child welfare agencies, orphanages and other similar institutions to provide care for the children mentioned
in Title VIII of this Code.
Article 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay
reading centers and recreation centers where children may meet and play together for their healthy growth
and their social and cultural development.
Article 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a
Parent Education Congress, which shall aim to enable parents to understand child growth and
development, parent-child relationship, family life, and family-community relationship, and to improve their
ability to discharge their duties.
Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for
children as may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve
upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall
be admonished by the Department of Social Welfare or the Council for the Protection of Children.
Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration,
epidemic, or other calamity, the State shall give special assistance to children whenever necessary. The
Department of Social Welfare shall take immediate custody of dependent children and give temporary
shelter to orphaned or displaced children (who are separated from their parents or guardian).
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I
Dependent, Abandoned and Neglected Children
Article 141. Definition of Terms. - As used in this Chapter:
1. A dependent child is 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.
2. An abandoned child is one who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter.
(b) A child is unattended when left by himself without provisions for his needs and/or without proper
supervision.
(c) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited,
overworked or made to work under conditions not conducive to good health; or are made to beg in the
streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and
other vices.
4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of
Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the termination of parental or
guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental responsibilities, and in the manner, form and procedure
hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner and
form hereinafter prescribed.
Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare
Secretary or his authorized representative or any duly licensed child placement agency having knowledge
of a child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary
commitment of said child to the care of any duly licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First
Instance of the province or City Court in which the parents or guardian resides or the child is found.
Article 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to
the petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;
26
2. The names of the parent or parents, if known, and their residence. If the child has no parent or parents
living, then the name and residence of the guardian, if any; and
3. The name of the duly licensed child placement agency or individual to whose care the commitment of
the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and belief of the
petitioner.
Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court
shall fix a date for the hearing thereof. If it appears from the petition that one or both parents of the child, or
the guardian, resides in province or city, the clerk of court shall immediately issue summons, together with
a copy of the petition, which shall be served on such parent or guardian not less than two days before the
time fixed for the hearing. Such summons shall require them to appear before the court on the date
mentioned.
Article 145. When Summons Shall Not be Issued. - The summons provided for in the next preceding
article shall not be issued and the court shall thereupon proceed with the hearing of the case if it appears
from the petition that both parents of the child are dead or that neither parent can be found in the province
or city and that the child has no guardian residing therein.
Article 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child
can be found in the province or city, it shall be the duty of the court to appoint some suitable person to
represent him.
Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there
has been due notice to all parties concerned and that there is justification for the declaration of
dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare, any recognized legal association, or any
appointed de officio counsel shall prepare the petition for the Secretary of the Department of Social
Welfare, his representative or the head of the duly licensed child placement agency, or the duly licensed
individual and represent him in court in all proceedings arising under the provisions of this Chapter.
Article 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which
shall investigate the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the
cause and circumstances of such condition. In such hearing, the court shall not be bound by the technical
rules of evidence.
Failure to provide for the child's support for a period of six months shall be presumptive evidence of the
intent to abandon.
Article 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or
neglected, an order shall be entered committing him to the care and custody of the Department of Social
Welfare or any duly licensed child placement agency or individual.
Article 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the
abandonment or neglect of any child may be remedied, it may permit the child to stay in his own home and
under the care and control of his own parents or guardian, subject to the supervision and direction of the
Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of such child to remain with his
parents or guardian, it may commit the child in accordance with the next preceding article.
Article 151. Termination of Rights of Parents. - When a child shall have been committed to the
Department of Social Welfare or any duly licensed child placement agency or individual pursuant to an
order of the court, his parents or guardian shall thereafter exercise no authority over him except upon such
conditions as the court may impose.
Article 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly
licensed child placement agency or individual receiving a child pursuant to an order of the court shall be
the legal guardian and entitled to his legal custody and control, be responsible for his support as defined by
law, and when proper, shall have authority to give consent to his placement, guardianship and/or adoption.
Article 153. Change of Custody. - The Department of Social Welfare shall have the authority to change
the custody of a child committed to and duly licensed child placement agency or individual if it appears that
such change is for the best interests of the child. However, when conflicting interests arise among child
placement agencies the court shall order the change of commitment of the child.
Article 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent,
abandoned or neglected child may voluntarily commit him to the Department of Social Welfare or any duly
licensed child placement agency or individual subject to the provisions of the next succeeding articles.
Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding
article unless he is surrendered in writing by his parents or guardian to the care and custody of the
Department of Social Welfare or duly licensed child placement agency. In case of the death or legal
incapacity of either parent or abandonment of the child for a period of at least one year, the other parent
alone shall have the authority to make the commitment. The Department of Social Welfare, or any proper
and duly licensed child placement agency or individual shall have the authority to receive, train, educate,
care for or arrange appropriate placement of such child.
Article 156. Legal Custody. - When any child shall have been committed in accordance with the preceding
article and such child shall have been accepted by the Department of Social Welfare or any duly licensed
child placement agency or individual, the rights of his natural parents, guardian, or other custodian to
exercise parental authority over him shall cease.
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Such agency or individual shall be entitled to the custody and control of such child during his minority, and
shall have authority to care for, educate, train and place him out temporarily or for custody and care in a
duly licensed child placement agency. Such agency or individual may intervene in adoption proceedings in
such manner as shall best inure to the child's welfare.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a
judicial order or by voluntary commitment by his parents or guardian shall be subject to visitation or
inspection by a representative of the court or of the Department of Social Welfare or both, as the case may
be.
Article 158. Report of Person or Institution. - Any duly licensed child placement agency or individual
receiving a child for commitment may at any time be required by the Department of Social Welfare to
submit a report, copy furnished the court, containing all necessary information for determining whether the
welfare of the child is being served.
Article 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and
with the permission of the court in case of judicial commitment, the competent authorities of any duly
licensed child placement agency or individual to which a child has been committed may place him in the
care of any suitable person, at the latter's request, for a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not being given proper care,
or at his own request, or at the instance of the agency or person receiving him.
Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he
has been judicially or voluntarily committed or the person under whose custody he has been placed in
accordance with the next preceding article, or for any person to induce him to leave such person or
institution, except in case of grave physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine
of not more than two thousand pesos, or both such fine and imprisonment at the discretion of the court:
Provided, That if the violation is committed by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate
the offense as circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a
child are dead or, if living, have abandoned him, for no valid reason, for at least six months in a duly
licensed child placement agency or hospital, or left him with any other person for the same period without
providing for his care and support, such fact shall be reported immediately to the Department of Social
Welfare. In case of a child left in a hospital, immediate transfer of the child to the Department of Social
Welfare or any duly licensed child placement agency must be arranged. The Department of Social Welfare
shall make provisions for the adequate care and support of the child and shall take such action as it may
deem proper for his best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application
by any person to adopt a dependent, abandoned or neglected child in the custody of any institution or
individual mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any recognized legal
association, or any appointed de officio counsel upon being informed of such fact, to represent the
Department of Social Welfare in the proceedings. The costs of such proceedings shall be de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child
committed to the care of a person, agency or institution by judicial order may petition the proper court for
the restoration of his rights over the child: Provided, That the child in the meantime, has not been priorly
given away in adoption nor has left the country with the adopting parents or the guardian. The petition shall
be verified and shall state that the petitioner is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause
reasonable notice thereof to be sent to the petitioner and to the person, agency or institution to which the
child has been committed. At the trial, any person may be allowed, at the discretion of the court, to contest
the right to the relief demanded, and witnesses may be called and examined by the parties or by the court
motu proprio. If it is found that the cause for the commitment of the child no longer exists and that the
petitioner is already able to take proper care and custody of the child, the court, after taking into
consideration the best interests and the welfare of the child, shall render judgment restoring parental
authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of Social
Welfare the parent or parents or guardian who voluntarily committed a child may recover legal custody and
parental authority over him from the agency, individual or institution to which such child was voluntarily
committed when it is shown to the satisfaction of the Department of Social Welfare that the parent, parents
or guardian is in a position to adequately provide for the needs of the child: Provided, That, the petition for
restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a
copy of the petition and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or
child welfare agency to whose custody a child has been committed by the court based on neglect of such
child as defined in Article 141(3). If the court, after notice and hearing, is satisfied that the allegations of the
petition are true and that it is for the best interest and welfare of the child the court shall issue an order
taking him from the custody of the person or agency, as the case may be, and committing him to the
custody of another duly licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the
court may deem proper, in the same proceeding.
Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as
private physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in
writing to the city or provincial fiscal or to the Local Council for the Protection of Children or to the nearest
28
unit of the Department of Social Welfare, any case of a maltreated or abused child, or exploitation of an
employed child contrary to the provisions of labor laws. It shall be the duty of the Council for the Protection
of Children or the unit of the Department of Social Welfare to whom such a report is made to forward the
same to the provincial or city fiscal.
Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such
report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in connection with any court or official proceeding
based on such report. Any person disclosing confidential information in violation of this provision shall be
punished by a fine of not less than one hundred pesos nor more than five thousand pesos, or by
imprisonment for not less than thirty days nor more than one year, or both such fine and imprisonment, at
the discretion of the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians,
nurses, hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect,
maltreatment or abandonment or exposure to moral danger be free from any civil or criminal liability arising
therefrom.
CHAPTER II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is,
socially inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally
subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient
as a result of constitutional origin, through hereditary or disease, and (6) essentially incurable.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded, hence, the
least capable group. This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one
who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the
average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living
to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective
instruction.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of
success or accomplishment that they will reach in life depends very much on the quality and type of
education they receive, as well as on the treatment at home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop occupational skills which may
result in partial or complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about 75
to about 89. The members of this classification are only slightly retarded and they can usually get by in
regular classes if they receive some extra help, guidance and consideration. They have to spend much
more time with their studies than do most children in order to pass. Those who cannot make it are usually
handicapped by one or more other conditions aside from that of intelligence.
Article 170. Physically Handicapped Children. - Physically handicapped children are those who are
crippled, deaf-mute, blind, or otherwise defective which restricts their means of action on communication
with others.
Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not
afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes.
Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether
functional or organic, which is of such a degree of severity as to require professional help or
hospitalization.
Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of
the parents or guardians and the recommendation of any reputable diagnostic center or clinic, shall refer
and/or admit disabled children to any public or private institution providing the proper care, training and
rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.
Article 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be
expanded and improved to provide appropriate opportunities for disabled children. Vocational
rehabilitation and manpower conservation agencies shall train disabled children for specialized types of
jobs, services and business which could be learned only by them and shall help provide opportunities for
their future occupational placement: That the agencies and organizations engaged in programs and
services for the disabled need not be limited to minors. Persons of legal age may be admitted whenever
facilities are available for them.
Article 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the
disabled children shall be developed and shall be the basis for planning expanded programs and services
throughout the nation. There shall be established area centers designed to bring together an aggregate of
services to serve all ages of the disabled within a specified geographical area.
Article 176. Donations. - Donations to agencies and organizations engaged in programs and services for
disabled children shall be deductible in accordance with the provision of Presidential Decree No. 507.
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Article 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his parents or
guardians are opposed thereto, the Department of Social Welfare, or any duly licensed child placement
agency or individual shall have the authority to file a petition for commitment of the said child to any
reputable institution providing care, training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate placement can be
arranged for the disabled child when the welfare and interest of the child is at stake.
Article 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and
Domestic Relations Court, if any, or with the Court of First Instance of the province or City Court where the
parent or guardian resides or where the child is found.
Article 179. Contents of Petition. - The petition for commitment must state so far as known to the
petitioner:
1. The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally
disturbed or mentally ill and needs institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the
case may be, has opposed the commitment of such child;
3. The name of the parents and their residence, if known or if the child has no parents or parent living, the
names and residence of the guardian, if any; and
4. The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon the information and belief of the
petitioner.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an
order reciting the purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order
shall be served on the child alleged to be mentally retarded, or physically handicapped, or emotionally
disturbed, or mentally ill, and on the person having charge of him or any of his relatives residing in the
province or city as the judge may deem proper. The court shall furthermore order the sheriff to produce, if
possible, the alleged disabled child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for
him or the public welfare and that his parents, or guardian or relatives are unable for any reason to take
proper care of him, the Court shall order his commitment to the proper institution for disabled children.
Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper
provisions for the custody of property or money belonging to the committed child.
Article 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been
committed with a copy of its judgment, together with all the social and other data pertinent to the case.
Article 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has
been committed shall be borne primarily by the parents or guardian and secondarily, by such disabled
child, if he has property of his own.
In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance
with the next preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by
the Department of Social Welfare.
Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the
institution which under the circumstances of the particular child concerned is best equipped to treat and
care for him.
Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child
judicially committed to an institution for disabled children if it is certified by the Department of Social
Welfare that:
1. He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to
himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to
engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready to assume normal social
relations.
Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution
for disabled children may be discharged by the Department of Social Welfare motu proprio or upon the
request of his parents or guardian on any of the grounds specified in the preceding article. In the latter
case, the Department of Social Welfare may refuse to discharge the child if, in its opinion, his release
would be prejudicial to him or to the community.
Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social
Welfare or any recognized legal association in all judicial matters arising under the provisions of this
Chapter.
CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under
twenty-one years of age at the time of the commission of the offense.
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A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall
be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion
of the court and subject to its supervision. The same shall be done for a child over nine years and under
fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in
which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this
Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency
concerned to take the youthful offender, immediately after his apprehension, to the proper medical or
health officer for a thorough physical and mental examination. Whenever treatment for any physical or
mental defect is indicated, steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical
and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest
be committed to the care of the Department of Social Welfare or the local rehabilitation center or a
detention home in the province or city which shall be responsible for his appearance in court whenever
required: Provided, That in the absence of any such center or agency within a reasonable distance from
the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders
separate from other detainees. The court may, in its discretion, upon recommendation of the Department
of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on
recognizance, to the custody of his parents or other suitable person who shall be responsible for his
appearance whenever required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence
in the proper proceedings, the court should find that the youthful offender has committed the acts charged
against him the court shall determine the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such minor to the custody or care of the Department of Social Welfare, or to
any training institution operated by the government, or duly licensed agencies or any other responsible
person, until he shall have reached twenty-one years of age or, for a shorter period as the court may deem
proper, after considering the reports and recommendations of the Department of Social Welfare or the
agency or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department
of Social Welfare or any duly licensed agency or such other officer as the Court may designate subject to
such conditions as it may prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of
the court in the same manner as appeals in criminal cases.
Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of
the youthful offender whose sentence has been suspended shall be borne by his parents or those persons
liable to support him: Provided, That in case his parents or those persons liable to support him can not pay
all or part of said expenses, the municipality in which the offense was committed shall pay one-third of said
expenses or part thereof; the province to which the municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National Government. Chartered cities shall pay two-thirds of
said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue
allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said
indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention
homes for youthful offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly
licensed agency or individual under whose care the youthful offender has been committed shall submit to
the court every four months or oftener as may be required in special cases, a written report on the conduct
of said youthful offender as well as the intellectual, physical, moral, social and emotional progress made by
him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender
whose sentence has been suspended, has behaved properly and has shown his capability to be a useful
member of the community, even before reaching the age of majority, upon recommendation of the
Department of Social Welfare, it shall dismiss the case and order his final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found
incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or should his
continued stay in the training institution be inadvisable, he shall be returned to the committing court for the
pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall
determine whether to dismiss the case in accordance with the next preceding article or to pronounce the
judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence
with the full time spent in actual commitment and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to
the provisions of this Chapter shall not obliterate his civil liability for damages. Such release shall be
without prejudice to the right for a writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is
pronounced in accordance with the provisions of Article 197, and at the time of said pronouncement the
youthful offender is still under twenty-one, he shall be committed to the proper penal institution to serve the
remaining period of his sentence: Provided, That penal institutions shall provide youthful offenders with
31
separate quarters and, as far as practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of Prisons shall
maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or
provincial fiscal or before any municipal judge and the charges have been ordered dropped, all the records
of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits
him to an institution and subsequently releases him pursuant to this Chapter, all the records of his case
shall be destroyed immediately after such acquittal, dismissal or release, unless civil liability has also been
imposed in the criminal action, in which case such records shall be destroyed after satisfaction of such civil
liability. The youthful offender concerned shall not be held under any provision of law, to be guilty of perjury
or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National
Bureau of Investigation and with any police department, or any other government agency which may have
been involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful
offender shall devolve upon the offender's father and, in case of his death or incapacity, upon the mother,
or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a
relative or family friend of the youthful offender.
Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-governmental entities
shall collaborate and contribute their support for the establishment and maintenance of these facilities.
Article 203. Detention Homes. - The Department of Local Government and Community Development shall
establish detention homes in cities and provinces distinct and separate from jails pending the disposition of
cases of juvenile offenders.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their
Children or Wards. - A person whether the parent or guardian of the child or not, who knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or
2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent,
shall be punished by a fine not exceeding five hundred pesos or to imprisonment for a period not
exceeding two years, or both such fine and imprisonment, at the discretion of the court.
 TITLE IX.
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
CHAPTER I
Creation and Composition
Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is
hereby established under the Office of the President. The Council shall be composed of the Secretary of
Social Welfare as Chairman, and seven members, namely: The Secretary of Justice, the Secretary of
Labor, the Secretary of Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile
and Domestic Relations Court, City of Manila, and two representatives of voluntary welfare associations to
be appointed by the President of the Philippines, each of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed
by the Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a
per diem of one hundred pesos for every meeting actually attended, but the total amount of per diem that
the Chairman and a member may receive in a month shall in no case exceed five hundred pesos.
Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the
National Treasury not otherwise appropriated, for the operation and maintenance of the Council for the
Welfare of Children and Youth during the fiscal year. Thereafter, such sums as may be necessary for its
operation and maintenance shall be included in the General Appropriations Decree.
CHAPTER II
Powers and Responsibilities
Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the
following powers and functions:
1. To coordinate the implementation and enforcement of all laws relative to the promotion of child and
youth welfare;
2. To prepare, submit to the President and circulate copies of long-range programs and goals for the
physical, intellectual , emotional, moral, spiritual, and social development of children and youth, and to
submit to him an annual report of the progress thereof;
3. To formulate policies and devise, introduce, develop and evaluate programs and services for the
general welfare of children and youth;
4. To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or
voluntary, for such assistance as it may require in the performance of its functions;
32
5. Perform such other functions as provided by law.
Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and
agencies shall coordinate with the Council for the Welfare of Children and Youth in the implementation of
laws and programs on child and youth welfare:
1. Department of Justice
2. Department of Social Welfare
3. Department of Education and Culture
4. Department of Labor
5. Department of Health
6. Department of Agriculture
7. Department of Local Government and Community Development;
8. Local Councils for the Protection of Children; and such other government and private agencies which
have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other government and
private child and youth welfare agencies as may be hereafter created shall be implemented by such
agencies: Provided, That, with the exception of those proposed by the Local Councils for the Protection of
Children, all long-range child and youth welfare programs shall, before implementation, be indorsed by the
agencies concerned to their respective departments, which shall in turn indorse the same to the Council for
the Welfare on Children and Youth, for evaluation, cooperation and coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement and
implementation of this Code shall be the primary responsibility of the Council for the Welfare of Children.
Said Council shall have authority to promulgate the necessary rules and regulations for the purpose of
carrying into effect the provisions of this Code.
FINAL PROVISIONS
Article 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically
provided shall be punished by imprisonment not exceeding one month or a fine not exceeding two hundred
pesos, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is (b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
provided for in the Revised Penal Code or special laws. following:

Done in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
seventy-four.
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
Republic Act No. 7610 June 17, 1992 child as a human being;

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: growth and development or in his permanent incapacity or death.

ARTICLE I (c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
Title, Policy, Principles and Definitions of Terms include, but are not limited to, the following;

Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, (1) Being in a community where there is armed conflict or being affected by armed conflict-related
Exploitation and Discrimination Act." activities;

Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the (2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and development;
discrimination and other conditions, prejudicial their development; provide sanctions for their commission
and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a
exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, guardian or basic services needed for a good quality of life;
teacher or person having care or custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are committed by the said parent,
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty
guardian, teacher or person having care and custody of the same.1awphi1@alf
or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for
a good quality of life;
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
(5) Being a victim of a man-made or natural disaster or calamity; or
no control.

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal development
The best interests of children shall be the paramount consideration in all actions concerning them, whether
of children.
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations
Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and (d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
enhance their opportunities for a useful and happy life. program of services and facilities to protected children against:

Section 3. Definition of Terms. – (1) Child Prostitution and other sexual abuse;

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take (2) Child trafficking;
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition; (3) Obscene publications and indecent shows;

33
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by
the Department of Justice and the Department of Social Welfare and Development in coordination with
other government agencies and private sector concerned, within one (1) year from the effectivity of this Act,
to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications
and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal
development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited
to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other
similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of
age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
34
No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the child is about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other consideration,
or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed
in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under
Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof
shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or
in video, or model in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty
shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in
any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000):
Provided, That this provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in
its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That
35
should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed
shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and
the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows
any person to take along with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000),
and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed
by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct
Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises
which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to
operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare
and Development for such period which shall not be less than one (1) year, as the Department may
determine. The unauthorized removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the
same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code,
as amended. An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the
aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show;
provides child masseurs for adults of the same or opposite sex and said services include any lascivious
conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be
deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's parent
or guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements in all instances are
strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and
Sports shall promulgate a course design under its non-formal education program aimed at promoting the
36
intellectual, moral and vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the learning process deemed most
effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108
and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty
of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000)
or imprisonment of not less than three (3) months but not more than three (3) years, or both at the
discretion of the court; Provided, That, in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children
under this Act and other existing laws, children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. – The Department of Education, Culture and Sports
shall develop and institute an alternative system of education for children of indigenous cultural
communities which culture-specific and relevant to the needs of and the existing situation in their
communities. The Department of Education, Culture and Sports shall also accredit and support non-formal
but functional indigenous educational programs conducted by non-government organizations in said
communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children
of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals
and other health institution shall ensure that children of indigenous cultural communities are given equal
attention. In the provision of health and nutrition services to children of indigenous cultural communities,
indigenous health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any
and all forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of
arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than
Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural communities. Indigenous institution shall
also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be
the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to
promote the goal of children as zones of peace. To attain this objective, the following policies shall be
observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian
units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or
spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding
missions from both government and non-government institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the
safety and well-being of children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family
shall be housed in the same premises and given separate accommodation from other evacuees and
provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing
mothers and children shall be given additional food in proportion to their physiological needs. Whenever
feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
37
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has
been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to
the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the
court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including any
civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such child to the custody or care of the Department
of Social Welfare and Development or to any training institution operated by the Government, or
duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of
age or, for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the agency or responsible
individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed agency or such other officer as the court may
designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same
manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of
the barangay affected by the armed conflict shall submit the names of children residing in said barangay to
the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of
the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under
the protective custody of the Department of Social Welfare and Development pursuant to Executive Order
No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the
public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act
which results in the moral degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the
chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus,
election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
38
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice,
in coordination with the Department of Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby
authorized to be appropriated in the General Appropriations Act of the year following its enactment into law
and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts
are hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least
two (2) national newspapers of general circulation.
Approved: June 17, 1992.lawphi1Ÿ
Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children
Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and
children and guarantees full respect for human rights. The State also recognizes the need to protect the
family and its members particularly women and children, from violence and threats to their personal safety
and security.
Towards this end, the State shall exert efforts to address violence committed against women and children
in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination
Against Women, Convention on the Rights of the Child and other international human rights instruments of
which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;
39
b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course of
the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or
social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the resident of which is willing
temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children
of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of
victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women
and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her
family, or deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties;
40
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor
children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof
shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder
or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less
serious physical injuries shall be punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case
be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child,
the penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b)
undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the
court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating
the opportunity and ability of the victim to independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies. The protection orders that may be issued
under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO). The protection orders that may be issued under this Act shall include any, some or
all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership
of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;
41
(d) Directing the respondent to stay away from petitioner and designated family or household member at a
distance specified by the court, and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner
to the residence of the parties to ensure that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by
any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on
venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the
petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the
application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in
writing, signed and verified under oath by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as
described in this Act. A standard protection order application form, written in English with translation to the
major local languages, shall be made available to facilitate applications for protections order, and shall
contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
42
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent
given by the victim for the filling of the application. When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the
victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a
mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO and
PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought
to their attention.
SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging
from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six
(6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office
(PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant
can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such
as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by
the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to
desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex
parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay
or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte determination that
such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this
Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of
the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents
for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a
PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails
to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant
and render judgment on the basis of the evidence presented. The court shall allow the introduction of any
history of abusive conduct of a respondent even if the same was not directed against the applicant or the
person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one
(1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may be modified by the court
as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued. The
court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act
of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing
that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:
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"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this
Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and
other incidents of the case as soon as possible. The hearing on any application for a protection order filed
by the petitioner must be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a
protection order under this Act above all other business and, if necessary, suspend other proceedings in
order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court
that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of
an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that
the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on
protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection
order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that
such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no
case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f)
and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge
of the circumstances involving the commission of the crime.
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for
help;

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to (f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act
is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and
In the determination of the state of mind of the woman who was suffering from battered woman syndrome there is imminent danger to the life or limb of the victim as defined in this Act; and
at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations (NGOs).
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other
mind-altering substance shall not be a defense under this Act.
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding
Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and
support of her child/children. Children below seven (7) years old older but with mental or physical
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
disabilities shall automatically be given to the mother, with right to support, unless the court finds
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who
compelling reasons to order otherwise.
suspects abuse or has been informed by the victim of violence shall:

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of
(a) properly document any of the victim's physical, emotional or psychological injuries;
her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe
the following duties when dealing with victims under this Act: (c) automatically provide the victim free of charge a medical certificate concerning the examination or visit;

a) communicate with the victim in a language understood by the woman or her child; and (d) safeguard the records and make them available to the victim upon request at actual cost; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for (e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
indigent litigants. services available to them.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall
have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering
the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs
shall establish programs such as, but not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such violence particularly towards
educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the prevention of violence against women and their children
under the Act.

44
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an Against Women and their children, hereinafter known as the Council, which shall be composed of the
application for a protection order shall not order, direct, force or in any way unduly influence he applicant following agencies:
for a protection order to compromise or abandon any of the reliefs sought in the application for protection
under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local (a) Department of Social Welfare and Development (DSWD);
Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.
(b) National Commission on the Role of Filipino Women (NCRFW);
Failure to comply with this Section shall render the official or judge administratively liable.
(c) Civil Service Commission (CSC);
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and
their children as herein defined, any person, private individual or police authority or barangay official who,
(d) Commission on Human rights (CHR)
acting in accordance with law, responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom. (e) Council for the Welfare of Children (CWC);

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against (f) Department of Justice (DOJ);
women and their children shall have the following rights:
(g) Department of the Interior and Local Government (DILG);
(a) to be treated with respect and dignity;
(h) Philippine National Police (PNP);
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal
assistance office; (i) Department of Health (DOH);

(c) To be entitled to support services form the DSWD and LGUs' (j) Department of Education (DepEd);

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and (k) Department of Labor and Employment (DOLE); and

(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.
SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates
as well as develop capability programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent
or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of the filing fee and other fees and
of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence
The Council members may designate their duly authorized representative who shall have a rank not lower
than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.
The DOH shall provide medical assistance to victims.

45
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger and
emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court
to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children
Cases. – All agencies involved in responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and training program for police officers
and barangay officials to enable them to properly handle cases of violence against women and their
children.
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence
up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall
likewise be liable for discrimination.
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their
children including those in the barangay shall be confidential and all public officers and employees and
public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or
causes to be published, in any format, the name, address, telephone number, school, business address,
employer, or other identifying information of a victim or an immediate family member, without the latter's
consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of
not more than Five Hundred Thousand pesos (P500,000.00).
46
SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in
the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act,
the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from
NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of
this Act.
SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.
Republic Act No. 9208 May 26, 2003
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest
priority to the enactment of measures and development of programs that will promote human dignity,
protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and
mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream
of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as not clearly defined or when the value of the services as reasonably assessed is not applied toward the
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on liquidation of the debt.
the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, (h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
universally accepted human rights instruments and other international conventions to which the Philippines sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
is a signatory.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.
Section 3. Definition of Terms. - As used in this Act:
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of commit any of the following acts:
persons with or without the victim's consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
achieve the consent of a person having control over another person for the purpose of exploitation which
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
preceding paragraph.

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
involuntary servitude or debt bondage;
discrimination because of a physical or mental disability or condition.

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another,
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

(e) To maintain or hire a person to engage in prostitution or pornography;

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
services as enticement for tourists. This includes sexual services and practices offered during rest and violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
recreation periods for members of the military.
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
authority, debt bondage, fraud or through abuse of a victim's vulnerability. trafficking in persons, shall be unlawful:

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
person under his/her control as security or payment for a debt, when the length and nature of services is purpose of promoting trafficking in persons;
47
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide
pre-departure registration and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
48
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this
Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards
this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer in case of
television and radio, producer and director of a film in case of the movie industry, or any person utilizing
tri-media facilities or information technology to cause publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any
offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may
file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the
time of the commission of the offense: Provided, That the court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for
the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not
more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty
of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any
place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for
by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction, be dismissed from
the service and be barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked
persons for prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined
under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or
49
information and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. - In addition to the penalty imposed for the violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person not liable for the unlawful
act; Provided, however, That all awards for damages shall be taken from the personal and separate
properties of the offender; Provided, further, That if such properties are insufficient, the balance shall be
taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value
or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture
or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds,
property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed
by the Council to be used exclusively for programs that will prevent acts of trafficking and protect,
rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs shall include, but
not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data collection
system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government agencies
and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public,
the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the
following agencies are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and protective
programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance
with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise
monitor, document and report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals
with the guidance and counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It
shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
50
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective
pre-employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community based initiatives which address the trafficking in
persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of
the act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In
this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be
irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic
Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness
protection program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the
Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to
appropriate protection, assistance and services available to trafficked persons under this Act: Provided,
That they shall be permitted continued presence in the Philippines for a length of time prescribed by the
Council as necessary to effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency
Council Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson
and the Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall
have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration; (i) Secure from any department, bureau, office, agency, or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;
(d) Commissioner, Bureau of Immigration;
(j) Complement the shared government information system for migration established under Republic Act
(e) Director-General, Philippine National Police; No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on
cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and
study on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation
(f) Chairperson, National Commission on the Role of Filipino Women; and
and program direction;

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
trafficking in persons;
record of involvement in the prevention and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years. (l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in
persons;
The members of the Council may designate their permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting, rules and regulations. (m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade
and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the
internet;
Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;
nationals in the Philippines;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and
(c) Monitor and oversee the strict implementation of this Act;
(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
(d) Coordinate the programs and projects of the various member agencies to effectively address the objectives of this Act.
issues and problems attendant to trafficking in persons;
Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary
(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law Secretariat for the Council.
and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and
NGOs;
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies shall make available the
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the following services to trafficked persons:
Council on action taken;
(a) Emergency shelter or appropriate housing;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(b) Counseling;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
(c) Free legal services which shall include information about the victims' rights and the procedure for filing
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education
complaints, claiming compensation and such other legal remedies available to them, in a language
(CHED), LGUs and NGOs;
understood by the trafficked person;
51
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation
and reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines
as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status in
the host country.
(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993,
shall be the operational scheme under which Philippine embassies abroad shall provide protection to
trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other
appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons,
regardless of whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA
shall make representation with the host government for the extension of appropriate residency permits and
protection, as may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to
Congress an annual report of the policies, programs and activities relative to the implementation of this
Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include
in their programs and issue such rules and regulations to implement the provisions of this Act, the funding
of which shall be included in the annual General Appropriations Act.
52
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel.
- Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association,
religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly: Provided, That this Act shall not in any way amend or repeal the provision of Republic Act No.
7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication
in at least two (2) newspapers of general circulation.
Republic Act No. 8353 September 30, 1997
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A
CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."
Section 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a
Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised
Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be
known as Chapter Three on Rape, to read as follows:
"Chapter Three
"Rape
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person.
"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by
reclusion perpetua.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty
shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become
reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;
"5) When the victim is a child below seven (7) years old;
53
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease
is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof
or the Philippine National Police or any law enforcement agency or penal institution, when the offender
took advantage of his position to facilitate the commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation
or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the
crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty
shall be prision mayor to reclusion temporal.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be
reclusion temporal.
"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion
perpetua.
"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.
"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished
or the penalty shall not be abated if the marriage is void ab initio.
"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any
degree from the offended party, or where the offended party is so situated as to render her/him incapable
of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article
266-A."
Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected thereby shall remain valid.
Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential
decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified or repealed accordingly.
Section 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two
(2) newspapers of general circulation.
REPUBLIC ACT No. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or
training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request
or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive ordiminish employment
opportunities or otherwise adversely affect said employee;
54
(2) The above acts would impair the employee's rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors
and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or
who cooperates in the commission thereof by another without which it would not have been committed,
shall also be held liable under this Act.
Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. -
It shall be the duty of the employer or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures
for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer
or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual
harassment.
The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall
conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors,
coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.
The employer or head of office, educational or training institution shall disseminate or post a copy of this
Act for the information of all concerned.
Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or
head of office, educational or training institution shall be solidarily liable for damages arising from the acts
of sexual harassment committed in the employment, education
or training environment if the employer or head of office, educational or training institution is informed of
such acts by the offended party and no immediate action is taken.
Section 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for
damages and other affirmative relief.
Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years
Republic Act No. 8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG
129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, 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. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote the welfare of
children in keeping with the mandate of the Constitution and the precepts of the United Nations Convention
55
on the rights of the Child. The State shall provide a system of adjudication for youthful offenders which
takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. The courts shall preserve the solidarity of the family, provide procedures for
the reconciliation of spouses and the amicable settlement of family controversy.
Section 3. Establishment of Family Courts. - There shall be established a Family Court in every
province and city in the country. In case where the city is the capital of the province, the Family Court shall
be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa Blg. 129,
as amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or Presiding Judge of the
Family Court unless he is a natural-born citizen of the Philippines, at least thirty-five (35) years of age, and,
for at least ten (10) years, has been engaged in the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel of the Family
Courts, shall undergo training and must have the experience and demonstrated ability in dealing with child
and family cases.
"The Supreme Court shall provide a continuing education program on child and family laws, procedure and
other related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to
hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a minor
at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall
promulgate sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree
No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital
status and property relations of husband and wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise
known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions
for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental
authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series
of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in physical, sexual
or psychological harm or suffering to women; and other forms of physical abuse such as battering or
threats and coercion which violate a woman's personhood, integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence,
and discrimination and all other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and
the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the
regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%) of their
income derived from filing and other court fees under Rule 141 of the Rules of Court for research and other
operating expenses including capital outlay: Provided, That this benefit shall likewise be enjoyed by all
courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the provisions of
this Sec.
56
Section 7. Special Provisional Remedies. - In cases of violence among immediate family members
living in the same domicile or household, the Family Court may issue a restraining order against the
accused of defendant upon verified application by the complainant or the victim for relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody. The court may
also order support pendente lite, including deduction from the salary and use of conjugal home and other
properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have direct
control and supervision of the youth detention home which the local government unit shall establish to
separate the youth offenders from adult criminals: Provided, however, That alternatives to detention and
institutional care shall be made available to the accused including counseling, recognizance, bail,
community continuum, or diversions from the justice system: Provided, further, That the human rights of
the accused are fully respected in a manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe Department of Social
Welfare and Development (DSWD), a Social Services and Counseling Division (SSCD) shall be
established in each judicial region as the Supreme Court shall deem necessary based on the number of
juvenile and family cases existing in such jurisdiction. It shall provide appropriate social services to all
juvenile and family cases filed with the court and recommend the proper social action. It shall also develop
programs, formulate uniform policies and procedures, and provide technical supervision and monitoring of
all SSCD in coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff composed of
qualified social workers and other personnel with academic preparation in behavioral sciences to carry out
the duties'of conducting intake assessment, social case studies, casework and counseling, and othersocial
services that may be needed in connection with cases filed with the court: Provided, however, That in
adoption cases and in petitions for declaration of abandonment, the case studies may be prepared by
social workers of duly licensed child caring or child placement agencies, or the DSWD. When warranted,
the division shall recommend that the court avail itself of consultative services of psychiatrists,
psychologists, and other qualified specialists presently employed in other departments of the government
in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court Administrator, who shall
monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas where no
Family Court has been established or no Regional Trial Court was designated by the Supreme Court due
to the limited number of cases, the DSWD shall designate and assign qualified, trained, and DSWD
accredited social workers of the local government units to handle juvenile and family cases filed in the
designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and
family cases shall be treated in a manner consistent with the promotion of the child's and the family's
dignity and worth, and shall respect their privacy at all stages of the proceedings. Records of the cases
shall be dealt with utmost confidentiality and the identity of parties shall not be divulged unless necessary
and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of
procedure for the transfer of cases to the new courts during the transition period and for the disposition of
family cases with the best interests of the child and the protection of the family as primary consideration
taking into account the United Nations Convention on the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner and
subject to the same conditions as appeals from the ordinary Regional Trial Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following in its enactment into law and thereafter.
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with the
DSWD, shall formulate the necessary rules and regulations for the effective implementation of the social
aspects of this Act.
Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the Supreme
Court shall designate from among the branches ofthe Regional Trial Court at least one Family Court in
each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa, Laoag,
Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena, Naga,
Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao,
Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian,
Iligan, and in such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts when their
dockets permit: Provided, That such additional cases shall not be heard on the same day family cases are
heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be adjudicated
by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other
provisions shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or regulations
inconsistent herewith are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2)
national newspapers of general circulation.
57
Republic Act No. 9255 February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER,
AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, is hereby amended to read as follows:
"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their
mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may
use the surname of their father if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has the right to institute an action before
the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child."
Republic Act 7658 AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF
AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR ITS PURPOSE SECTION 12,
ARTICLE VIII OF R.A. 7610.
Section 1. Section 12, Article VIII of R. A. No. 7610 otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act" is hereby amended to read as follows:
"Sec. 12. Employment of Children. — Children below fifteen (15) years of age shall not be employed
except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and
where only members of the employer's family are employed: Provided, however, That his employment
neither endangers his life, safety, health and morals, nor impairs his normal development; Provided,
further, That the parent or legal guardian shall provide the said minor child with the prescribed primary
and/or secondary education; or
(2) Where a child's employment or participation in public entertainment or information through
cinema, theater, radio or television is essential: Provided, The employment contract is concluded by the
child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the
approval of the Department of Labor and Employment: and Provided, That the following requirements in all
instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety, morals and normal development of
the child;
(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking
into account the system and level of remuneration, and the duration and arrangement of working time; and
 (c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skills acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirements.
The Department of Labor and Employment shall promulgate rules and regulations necessary for the
effective implementation of this Section."
Sec. 2. All laws, decrees, executive orders, rules and regulations or parts thereof contrary to, or
inconsistent with this Act are hereby modified or repealed accordingly.
Sec. 3. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in
at least two (2) national newspapers or general circulation whichever comes earlier.
Republic Act No. 9547 April 1, 2009
AN ACT STRENGTHENING AND EXPANDING THE COVERAGE OF THE SPECIAL PROGRAM FOR
EMPLOYMENT OF STUDENTS, AMENDING FOR THE PURPOSE PROVISIONS OF R.A. NO. 7323,
OTHERWISE KNOWN AS THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Section 1 of R.A. 7323, otherwise known as the "Special Program for Employment of Students
(SPES)", is hereby amended to read as follows:
"SECTION 1. Any provision of law to the contrary notwithstanding, any person or entity employing at least
ten (10) persons may employ poor but deserving students fifteen (15) years of age but not more than
twenty-five (25) years old, paying them a salary or wage not lower than the minimum wage for private
employers and the applicable hiring rate for the national and local government agencies: Provided, that
student enrolled in the secondary level shall only be employed during summer and/or christmas vacations,
while those enrolled in the tertiary, vocational or technical education may be employed at any time of the
year: Provided, further, That their period of employment shall be from twenty (20) to fifty-two (52) working
days only, except that during Christmas vacation, employment shall be from ten (10) to fifteen (15) days
which may be counted as part of the students' probationary period should they apply in the same company
or agency after graduation: Provided, finally, That students employed in activities related to their course
may earn equivalent academic credits as may be determined by the appropriate government agencies.
"For purposes of this Act, poor but deserving students refer to those whose parents' combined income,
together with their own, if any, does not exceed the annual regional poverty threshold level for a family of
six (6) for the preceding year as may be determined by the National Economic and Development Authority
(NEDA). Employment facilitation services for applicants to the program shall be done by the Public
Employment Service Office (PESO).
58
"Participating employers in coordination with the PESO, must inform their SPES employees of their rights,
benefits, and privileges under existing laws, company policies, and employment contracts."
Section 2. Section 2 of the same Act is hereby amended to read as follows:
"SEC. 2. Sixty per centum (60%) of the said salary or wage shall be paid by the employers in cash
and forty per centum (40%) by the government in the form of a voucher which shall be applicable in the
payment for the students' tuition fees and books in any educational institution for secondary, tertiary,
vocational or technical education: Provided, That local government units (LGUs) may assume
responsibility for paying in full his salary or wages. The amount of the education vouchers shall be paid by
the government to the educational institutions concerned within thirty (30) days from its presentation to the
officer or agency designated by the Secretary of Finance.
"The vouchers shall not be transferable except when the payees thereof dies or for a justifiable cause
stops in his duties, in which case it can be transferred to his brothers or sisters. If there be none, the
amount thereof shall be paid his heirs or to the payee himself, as the case may be."
Section 3. Section 3 of the same Act is hereby amended to read as follows:
"SEC. 3. The Secretary of Labor and Employment, the Secretary of Education, the Chairman of the
Commission on Higher Education, the Secretary of Budget and Management, the Secretary of Social
Welfare and Development and the Secretary of Finance shall issue the corresponding rules and
regulations to carry out the purposes of this act.
"The Secretary of Labor and Employment shall be the Program Chairman."
Section 4. Section 4 of the same Act is hereby amended to read as follows:
"SEC. 4. Any persons or entity who refuses to honor education vouchers or makes any fraudulent or
fictitious claim under this Act, regardless of whether payment has been made, shall upon conviction be
punished with imprisonment of not less than six (6) months and not more than one (1) year and a fine of
not less than Ten thousand pesos (P10,000.00), without prejudice to their prosecution and punishment for
any other offense punishable under the Revised Penal Code or any other penal statute.
"In case of partnerships or corporations, the managing partner, general manager, or chief executive officer,
as the case may be, shall be criminally liable."
Section 5. Section 5 of the same Act is hereby amended to read as follows:
"SEC. 5. The Secretary of the Department of Labor and Employment shall include in the Department's
program the operationalization of the expanded Special Program for the Employment of Students.
"The amount necessary to carry out the purposes of this Act is hereby authorized to be appropriated in the
General Appropriations Act for 1992 and the subsequent annual general appropriations acts: Provided,
That the appropriation, for the purposes of this Act, shall not be reduced by Congress below the amount
appropriated for the previous year and, after approval; shall be automatically and regularly
released: Provided, further, That the appropriation herein shall be increased by at least
twenty per centum (20%) annually."
Section 6. If any provision or part of this Act, or the application thereof to any person or circumstance is
held invalid or unconstitutional, the remainder of this Act or the application of such provision or part thereof
to other persons or circumstances shall not be affected thereby.
REPUBLIC ACT N0. 9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Ad shall be known as the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are
respected at all times; and that no person placed under investigation or held in custody of any person in
authority or, agent of a person authority shall be subjected to physical, psychological or mental harm, force,
violence, threat or intimidation or any act that impairs his/her free wi11 or in any manner demeans or
degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention,
where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture
as provided for in the 1987 Philippine Constitution; various international instruments to which the
Philippines is a State party such as, but not limited to, the International Covenant on Civil and Political
Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT); and all other relevant international human rights
instruments to which the Philippines is a signatory.
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
59
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has committed or is suspected of having
committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in authority. It does not include pain or Buffering
arising only from, inherent in or incidental to lawful sanctions.
(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against a person under his/her custody, which attains a level of severity
causing suffering, gross humiliation or debasement to the latter.
(c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture,
or other cruel, inhuman and degrading treatment or punishment.
(d) "Order of Battle" refers to any document or determination made by the military, police or any law
enforcement agency of the government, listing the names of persons and organizations that it perceives to
be enemies of the State and that it considers as legitimate targets as combatants that it could deal with,
through the use of means allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the
following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such
as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
60
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the
victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or
degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross
humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the
circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An
Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts
shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other
public emergency, or a document or any determination comprising an "order of battle" shall not and can
never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or
punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other
law enforcement. agencies concerned shall make an updated list of all detention centers and facilities
under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated
or detained therein such as, among others, names, date of arrest and incarceration, and the crime or
offense committed. This list shall be made available to the public at all times, with a copy of the complete
list available at the respective national headquarters of the PNP and AFP. A copy of the complete list shall
likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically updated, by the same agencies, within the first five (5)
days of every month at the minimum. Every regional office of the PNP, AFP and other law enforcement
agencies shall also maintain a similar list far all detainees and detention facilities within their respective
areas, and shall make the same available to the public at all times at their respective regional
headquarters, and submit a copy. updated in the same manner provided above, to the respective regional
offices of the CHR.
Section 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement
obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is
used as evidence against a person or persons accused of committing torture.
Section 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall
have the following rights in the institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned
such as the Department of Justice (DOJ), the Public Attorney's Office (PAO), the PNP, the National
Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum period of sixty
(60) working days from the time a complaint for torture is filed within which an investigation report and/or
resolution shall be completed and made available. An appeal whenever available shall be resolved within
the same period prescribed herein,
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as
a consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the
State through its appropriate agencies shall afford security in order to ensure his/her safety and all other
persons involved in the investigation and prosecution such as, but not limited to, his/her lawyer, witnesses
and relatives; and
(c) To be accorded sufficient protection in the manner by which he/she testifies and presents evidence in
any fora in order to avoid further trauma.
Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and
Compliance with a Judicial 07'der. - A writ of habeas corpus or writ of amparo or writ of habeas data
proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment
or punishment shall be disposed of expeditiously and any order of release by virtue thereof, or other
appropriate order of a court relative thereto, shall be executed or complied with immediately.
Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel,
inhuman and degrading treatment or punishment, or for any interested party thereto.
The victim or interested party may also seek legal assistance from the Barangay Human Rights Action
Center (BRRAC) nearest him/her as well as from human rights nongovernment organizations (NGOs).
Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation,
every person arrested, detained or under custodial investigation shall have the right to he informed of
his/her right to demand physical examination by an independent and competent doctor of his/her own
choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the
State with a competent and independent doctor to conduct physical examination. The State shall endeavor
to provide the victim with psychological evaluation if available under the circumstances. If the person
arrested is a female, she shall be attended to preferably by a female doctor. Furthermore, any person
arrested, detained or under custodial investigation, including his/her immediate family, shall have the right
61
to immediate access to proper and adequate medical treatment. The physical examination and/or
psychological evaluation of the victim shall be contained in a medical report, duly signed by the attending
physician, which shall include in detail his/her medical history and findings, and which shall he attached to
the custodial investigation report. Such report shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and
mental examinations, the medical reports shall, among others, include:
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological and
mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim's injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this pr<;lvision may knowingly and voluntarily
waive such rights in writing, executed in the presence and assistance of his/her counsel.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated
in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by
previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to
any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as
principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official
of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or
other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence
committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed by his/her subordinates or by
others within his/her area of responsibility and, despite such knowledge, did not take preventive or
corrective action either before, during or immediately after its commission, when he/she has the authority
to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to
negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is being committed and without having participated
therein, either as principal or accomplice, takes part subsequent to its commission in any of the following
manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or
other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or
destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the
official's public functions.
Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of
the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become
insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of
mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane or
suicidal tendencies of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in
psychological, mental and emotional harm other than those described 1n paragraph (b) of this section. '
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(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence
of torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost
an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such member; Or shall have
become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence
of torture, the victim shall have become deformed or shall have lost any part of his/her body other than
those aforecited, or shall have lost the use thereof, or shall have been ill or incapacitated for labor for a
period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for mare than
thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in
consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading
treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect solitary confinement, incommunicado or other
similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out
with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP,
the PNP and other law enforcement agencies for failure to perform his/her duty to maintain, submit or
make available to the public an updated list of detention centers and facilities with the corresponding data
on the prisoners or detainees incarcerated or detained therein, pursuant to Section 7 of this Act.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall
not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct
or commission thereof. In which case, torture shall be treated as a separate and independent criminal act
whose penalties shall be imposable without prejudice to any other criminal liability provided for by
domestic and international laws.
Section 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture shall not benefit from any special amnesty law or
similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.
Section 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State
where there are substantial grounds to believe that such person shall be in danger of being subjected to
torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of
Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall
take into account all relevant considerations including, where applicable and not limited to, the existence in Section 24. Implementing Rules and Regulations. - The DOJ and the CHR, with the active participation of
the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights. human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective
implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all
Section 18. Compensation to Victims of Torture. - Any person who has suffered torture shall have the right officers and members of various law enforcement agencies.
to claim for compensation as provided for under Republic Act No. 7309: Provided, That in no case shall
compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the Section 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
right to claim for compensation from such other financial relief programs that may be made available to other provisions not affected thereby shall continue to be in full force and effect.
him/her under existing law and rules and regulations.
Section 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or
Section 19. Formulation of a Rehabilitation Program. - Within one (1) year from the effectivity of this Act, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
the Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health
(DOH) and such other concerned government agencies, and human rights organizations shall formulate a Section 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
comprehensive rehabilitation program for victims of torture and their families. The DSWD, the DOJ and thc Gazette or in at least two (2) newspapers of general circulation.
DOH shall also call on human rights nongovernment organizations duly recognized by the government to
actively participate in the formulation of such program that shall provide for the physical, mental, social,
Republic Act No. 8371 October 29, 1997
psychological healing and development of victims of torture and their families. Toward the attainment of
restorative justice, a parallel rehabilitation program for persons who have committed torture and other cruel,
inhuman and degrading punishment shall likewise be formulated by the same agencies. AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS
PEOPLE, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR,
Section 20. Monitoring of Compliance with this Act. - An Oversight Committee is hereby created to
AND FOR OTHER PURPOSES
periodically oversee the implementation of this Act. The Committee shall be headed by a Commissioner of
the CRR, with the following as members: the Chairperson of the Senate Committee on Justice and Human
Rights, the respective Chairpersons of the House of Representatives' Committees on Justice and Human Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Rights, and the Minority Leaders of both houses or their respective representatives in the minority.
CHAPTER I
Section 21. Education and Information Campaign. - The CHR, the DOJ, the Department of National GENERAL PROVISIONS
Defense (DND), the Department of the Interior and Local Government (DILG) and such other concerned
parties in both the public and private sectors shall ensure that education and information regarding Section 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act of 1997."
prohibition against torture and other cruel, inhuman and degrading treatment or punishment shall be fully
included in the training of law enforcement personnel, civil or military, medical personnel, public officials Section 2. Declaration of State Policies. - The State shall recognize and promote all the rights of
and other persons who may be involved in the custody, interrogation or treatment of any individual Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the
subjected to any form of arrest, detention or imprisonment. The Department of Education (DepED) and the framework of the Constitution:
Commission on Higher Education (CHED) shall also ensure the integration of human rights education
courses in all primary, secondary and tertiary level academic institutions nationwide.
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and
development;
Section 22. Applicability of the Revised Penal Code. - The provisions of the Revised Penal Code insofar
as they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable
b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social
under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security)
and cultural well being and shall recognize the applicability of customary laws governing property rights or
of the Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and
relations in determining the ownership and extent of ancestral domain;
degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum
period.
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and
Section 23. Appropriations. - The amount of Five million pesos (Php5,000,000.00) is hereby appropriated
policies;
to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.
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d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without distinctions or discriminations;
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights
and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an
equal footing from the rights and opportunities which national laws and regulations grant to other members
of the population and
f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other
services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these
communities.
Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and
guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs,
their rights to their ancestral domains.
CHAPTER II
DEFINITION OF TERMS
Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean:
a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs
comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other
voluntary dealings entered into by government and private individuals, corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests,
pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their
traditionally had access to for their subsistence and traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or traditional group
ownership,continuously, to the present except when interrupted by war, force majeure or displacement by
force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered
into by government and private individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lots;
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c) Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and
ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law;
d) Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of ICCs/IPs over their
ancestral lands;
e) Communal Claims - refer to claims on land, resources and rights thereon, belonging to the whole
community within a defined territory
f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs and practices
traditionally and continually recognized, accepted and observed by respective ICCs/IPs;
g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of all members of the
ICCs/IPs to; be determined in accordance with their respective customary laws and practices, free from
any external manipulation, interference and coercion, and obtained after fully disclosing the intent and
scope of the activity, in a language an process understandable to the community;
h) Indigenous Cultural Communities/Indigenous Peoples - refer 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. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the populations which inhabited
the country, at the time 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;
i) Indigenous Political Structure - refer to organizational and cultural leadership systems, institutions,
relationships, patterns and processed for decision-making and participation, identified by ICCs/IPs such as,
but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or any other tribunal or body of
similar nature;
j) Individual Claims - refer to claims on land and rights thereon which have been devolved to individuals,
families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots;
k) National Commission on Indigenous Peoples (NCIP) - refers to the office created under this Act, which
shall be under the Office of the President, and which shall be the primary government agency responsible
for the formulation and implementation of policies, plans and programs to recognize, protect and promote
the rights of ICCs/IPs;
l) Native Title - refers to pre-conquest rights to lands and domains which, as far back as memory reaches,
have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus
indisputably presumed to have been held that way since before the Spanish Conquest;
m) Nongovernment Organization - refers to a private, nonprofit voluntary organization that has been
organized primarily for the delivery of various services to the ICCs/IPs and has an established track record
for effectiveness and acceptability in the community where it serves;
n) People's Organization - refers to a private, nonprofit voluntary organization of members of an ICC/IP
which is accepted as representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs to sustainably use,manage,
protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting,
fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic
value in accordance with their indigenous knowledge, beliefs, systems and practices; and
p) Time Immemorial - refers to a period of time when as far back as memory can go, certain ICCs/IPs are
known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to
them, by operation of customary law or inherited from their ancestors, in accordance with their customs
and traditions.
CHAPTER III
RIGHTS TO ANCESTRAL DOMAINS
Section 4. Concept of Ancestral Lands/Domains. - Ancestral lands/domains shall include such
concepts of territories which cover not only the physical environment but the total environment including
the spiritual and cultural bonds to the area which the ICCs/IPs possess, occupy and use and to which they
have claims of ownership.
Section 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the view that
ancestral domains and all resources found therein shall serve as the material bases of their cultural
integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's
private but community property which belongs to all generations and therefore cannot be sold, disposed or
destroyed. It likewise covers sustainable traditional resource rights.
Section 6. Composition of Ancestral Lands/Domains. - Ancestral lands and domains shall consist of all
areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/IPs t their
ancestral domains shall be recognized and protected. Such rights shall include:
a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally and actually
occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made
by them at any time within the domains;
65
b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control
and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future generations; to benefit and share
the profits from allocation and utilization of the natural resources found therein; the right to negotiate the
terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring
ecological, environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and implementation of any
project, government or private, that will affect or impact upon the ancestral domains and to receive just and
fair compensation for any damages which they sustain as a result of the project; and the right to effective
measures by the government to prevent any interfere with, alienation and encroachment upon these rights;
c. Right to Stay in the Territories- The right to stay in the territory and not be removed therefrom. No
ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than
eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation
shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever
possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for
relocation cease to exist. When such return is not possible, as determined by agreement or through
appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and legal
status at least equal to that of the land previously occupied by them, suitable to provide for their present
needs and future development. Persons thus relocated shall likewise be fully compensated for any
resulting loss or injury;
d. Right in Case of Displacement. - In case displacement occurs as a result of natural catastrophes, the
State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary
life support system: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned
lands until such time that the normalcy and safety of such lands shall be determined: Provided, further,
That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are
not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to ensure
that their needs are adequately addressed:
e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and organizations
into the domains;
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access to integrated
systems for the management of their inland waters and air space;
g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral domains which have
been reserved for various purposes, except those reserved and intended for common and public welfare
and service; and
h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with customary laws of the area
where the land is located, and only in default thereof shall the complaints be submitted to amicable
settlement and to the Courts of Justice whenever necessary.
Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the ICCs/IPs, to their
ancestral lands shall be recognized and protected.
a. Right to transfer land/property. - Such right shall include the right to transfer land or property rights
to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community
concerned.
b. Right to Redemption. - In cases where it is shown that the transfer of land/property rights by virtue of
any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of
the ICCs/IPs,or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall
have the right to redeem the same within a period not exceeding fifteen (15) years from the date of
transfer.
Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs occupying a duly
certified ancestral domain shall have the following responsibilities:
a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral
domain by protecting the flora and fauna, watershed areas, and other reserves;
b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded
areas and other development programs and projects subject to just and reasonable remuneration; and
c. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for
its effective implementation.
Section 10. Unauthorized and Unlawful Intrusion. - Unauthorized and unlawful intrusion upon, or use of
any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be
punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs
from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership,
possession of land belonging to said ICCs/IPs.
Section 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/IPs to their ancestral
domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs over the territories identified and delineated.
Section 12. Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the
Land Registration Act 496. - Individual members of cultural communities, with respect to
individually-owned ancestral lands who, by themselves or through their predecessors-in -interest, have
been in continuous possession and occupation of the same in the concept of owner since the immemorial
or for a period of not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral
lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.
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For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually
used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural lands.
The option granted under this Section shall be exercised within twenty (20) years from the approval of this
Act.
CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
Section 13. Self-Governance. - The State recognizes the inherent right of ICCs/IPs to self-governance
and self-determination and respects the integrity of their values, practices and institutions. Consequently,
the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural
development.
Section 14. Support for Autonomous Regions. - The State shall continue to strengthen and support the
autonomous regions created under the Constitution as they may require or need. The State shall likewise
encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use the form and
content of their ways of life as may be compatible with the fundamental rights defined in the Constitution of
the Republic of the Philippines and other internationally recognized human rights.
Section 15. Justice System, Conflict Resolution Institutions and Peace Building Processes. - The
ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution
institutions, peace building processes or mechanisms and other customary laws and practices within their
respective communities and as may be compatible with the national legal system and with internationally
recognized human rights.
Section 16. Right to Participate in Decision -Making. - ICCs/IPs have the right to participate fully, if they
so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies
through procedures determined by them as well as to maintain and develop their own indigenous political
structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and other local legislative councils.
Section 17. Right to Determine and Decide Priorities for Development. - The ICCs/IPs shall have the
right to determine and decide their own priorities for development affecting their lives, beliefs, institutions,
spiritual well-being, and the lands they own, occupy or use. They shall participate in the
formulation,implementation and evaluation of policies, plans and programs for national, regional and local
development which may directly affect them.
Section 18. Tribal Barangays. - The ICCs/IPs living in contiguous areas or communities where they form
the predominant population but which are located in municipalities, provinces or cities where they do not
constitute the majority of the population, may form or constitute a separate barangay in accordance with
the Local Government Code on the creation of tribal barangays.
Section 19. Role of Peoples Organizations. - The State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and
collective interests and aspirations through peaceful and lawful means.
Section 20. Means for Development /Empowerment of ICCs/IPs. - The Government shall establish the
means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where
necessary, provide the resources needed therefor.
recruitment and conditions of employment of persons belonging to these communities, to the extent that
they are not effectively protected by the laws applicable to workers in general.
ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to
conclude collective bargaining agreements with employers' conditions. They shall likewise have the right
not to be subject to working conditions hazardous to their health, particularly through exposure to
pesticides and other toxic substances.

CHAPTER V Section 24. Unlawful Acts Pertaining to Employment. - It shall be unlawful for any person:
SOCIAL JUSTICE AND HUMAN RIGHTS
a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account
Section 21. Equal Protection and Non-discrimination of ICCs/IPs. - Consistent with the equal of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and
protection clause of the Constitution of the Republic of the Philippines, the Charter of the United Nations,
the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the
Against Women and International Human Rights Law, the State shall, with due recognition of their distinct purpose of preventing them from enjoying any of the rights or benefits provided under this Act.
characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities,
Section 25. Basic Services. - The ICC/IP have the right to special measures for the immediate, effective
basic services, educational and other rights and privileges available to every member of the society.
and continuing improvement of their economic and social conditions, including in the areas of employment,
Accordingly, the State shall likewise ensure that the employment of any form of force of coersion against
vocational training and retraining, housing, sanitation, health and social security. Particular attention shall
ICCs/IPs shall be dealt with by law.
be paid to the rights and special needs of indigenous women, elderly, youth, children and differently-abled
persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government 's basic services which
The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution shall include, but not limited to water and electrical facilities, education, health and infrastructure.
and relevant international instruments are guaranteed also to indigenous women. Towards this end, no
provision in this Act shall be interpreted so as to result in the diminution of rights and privileges already
Section 26. Women. - ICC/IP women shall enjoy equal rights and opportunities with men, as regards the
recognized and accorded to women under existing laws of general application.
social, economic, political and cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of society, shall be given due respect
Section 22. Rights during Armed Conflict. - ICCs/IPs have the right to special protection and security in and recognition.
periods of armed conflict. The State shall observe international standards, in particular, the Fourth Geneva
Convention of 1949, for the protection of civilian populations in circumstances of emergency and armed
The State shall provide full access to education, maternal and child care, health and nutrition, and housing
conflict, and shall not recruit members of the ICCs/IPs against their will into armed forces, and in particular,
services to indigenous women. Vocational, technical, professional and other forms of training shall be
for the use against other ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under any
provided to enable these women to fully participate in all aspects of social life. As far as possible, the State
circumstance; nor force indigenous individuals to abandon their lands, territories and means of
shall ensure that indigenous women have access to all services in their own languages.
subsistence, or relocate them in special centers for military purposes under any discriminatory condition.

Section 27. Children and Youth. - The State shall recognize the vital role of the children and youth of
Section 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment. - It shall
ICCs/IPs in nation-building and shall promote and protect their physical, moral, spiritual, moral, spiritual,
be the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and
intellectual and social well-being. Towards this end, the State shall support all government programs
conditions of employment, such that they may enjoy equal opportunities as other occupationally-related
intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency and
benefits, informed of their rights under existing labor legislation and of means available to them for redress,
establish such mechanisms as may be necessary for the protection of the rights of the indigenous children
not subject to any coercive recruitment systems, including bonded labor and other forms of debt servitude;
and youth.
and equal treatment in employment for men and women, including the protection from sexual harassment.

Section 28. Integrated System of Education. - The State shall, through the NCIP, provide a complete,
Towards this end, the State shall within the framework of national laws and regulations, and in cooperation
adequate and integrated system of education, relevant to the needs of the children and Young people of
with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with regard to the
ICCs/IPs.

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 CHAPTER VI
CULTURAL INTEGRITY
Section 29. Protection of Indigenous Culture, traditions and institutions. - The state shall respect,
recognize and protect the right of the ICCs/IPs to preserve and protect their culture, traditions and
institutions. It shall consider these rights in the formulation of national plans and policies.
Section 30. Educational Systems. - The State shall provide equal access to various cultural
opportunities to the ICCs/IPs through the educational system, public or cultural entities, scholarships,
grants and other incentives without prejudice to their right to establish and control their educational
systems and institutions by providing education in their own language, in a manner appropriate to their
cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and
forms of education of the State.
Section 31. Recognition of Cultural Diversity. - The State shall endeavor to have the dignity and
diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all
forms of education, public information and cultural-educational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination
and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective measures to ensure that State-owned media duly reflect
indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous
leaders in schools, communities and international cooperative undertakings like festivals, conferences,
seminars and workshops to promote and enhance their distinctive heritage and values.
Section 32. Community Intellectual Rights. - ICCs/IPs have the right to practice and revitalize their own
cultural traditions and customs. The State shall preserve, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and
spiritual property taken without their free and prior informed consent or in violation of their laws, traditions
and customs.
Section 33. Rights to Religious, Cultural Sites and Ceremonies. - ICCs/IPs shall have the right to
manifest, practice, develop teach their spiritual and religious traditions, customs and ceremonies; the right
to maintain, protect and have access to their religious and cultural sites; the right to use and control of
ceremonial object; and the right to the repatriation of human remains. Accordingly, the State shall take
effective measures, in cooperation with the burial sites, be preserved, respected and protected. To achieve
this purpose, it shall be unlawful to:
a. Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining
materials of cultural values without the free and prior informed consent of the community concerned; and
b. Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the
preservation of their cultural heritage.
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Section 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences
and Technologies. - ICCs/IPs are entitled to the recognition of the full ownership and control and
protection of their cultural and intellectual rights. They shall have the right to special measures to control,
develop and protect their sciences, technologies and cultural manifestations, including human and other
genetic resources, seeds, including derivatives of these resources, traditional medicines and health
practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices,
knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and
performing arts.
Section 35. Access to Biological and Genetic Resources. - Access to biological and genetic resources
and to indigenous knowledge related to the conservation, utilization and enhancement of these resources,
shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed
consent of such communities, obtained in accordance with customary laws of the concerned community.
Section 36. Sustainable Agro-Technical Development. - The State shall recognize the right of ICCs/IPs
to a sustainable agro-technological development and shall formulate and implement programs of action for
its effective implementation. The State shall likewise promote the bio-genetic and resource management
systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the
successful sustainable development of ICCs/IPs.
Section 37. Funds for Archeological and Historical Sites. - The ICCs/IPs shall have the right to receive
from the national government all funds especially earmarked or allocated for the management and
preservation of their archeological and historical sites and artifacts with the financial and technical support
of the national government agencies.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
Section 38. National Commission on Indigenous Cultural Communities /Indigenous Peoples
(NCCP). - to carry out the policies herein set forth, there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto.
Section 39. Mandate. - The NCIP shall protect and promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions and institutions.
Section 40. Composition. - The NCIP shall be an independent agency under the Office of the President
and shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region
II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the
Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao:
Provided, That at least two (2) of the seven (7) Commissioners shall be women.
Section 41. Qualifications, Tenure, Compensation. - The Chairperson and the six (6) Commissioners
must be natural born Filipino citizens, bonafide members of ICCs/IPs as certified by his/her tribe,
experienced in ethnic affairs and who have worked for at least ten (10) years with an ICC/IP community
and/or any government agency involved in ICC/IP, at least 35 years of age at the time of appointment, and
must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7) Commissioners
shall be the members of the Philippine Bar: Provided, further, That the members of the NCIP shall hold
office for a period of three (3) years, and may be subject to re-appointment for another term: Provided,
furthermore, That no person shall serve for more than two (2) terms. Appointment to any vacancy shall
only be for the unexpired term of the predecessor and in no case shall a member be appointed or
designated in a temporary or acting capacity: Provided, finally, That the Chairperson and the
Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law.
Section 42. Removal from Office. - Any member of the NCIP may be removed from office by the
President, on his own initiative or upon recommendation by any indigenous community, before the
expiration of his term for cause and after complying with due process requirement of law.
Section 43. Appointment of Commissioners. - The President shall appoint the seven (7)
Commissioners of the NCIP within ninety (90) days from the effectivity of this Act.
Section 44. Powers and Functions. - To accomplish its mandate, the NCIP shall have the following
powers, jurisdiction and function:
a) To serve as the primary government agency through which ICCs/IPs can seek government assistance
and as the medium, thorough which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto
and to propose relevant laws and policies to address their role in national development;
c) To formulate and implement policies, plans, programs and projects for the economic, social and cultural
development of the ICCs/IPs and to monitor the implementation thereof;
d) To request and engage the services and support of experts from other agencies of government or
employ private experts and consultants as may be required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private
agencies or entities as may be necessary to attain the objectives of this Act, and subject to the approval of
the President, to obtain loans from government lending institutions and other lending institutions to finance
its programs;
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g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from
whatever source, local and international, subject to the approval of the President of the Philippines, for the
benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the absence of any
condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee
the proper implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or
plans;
j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within
sixty (60) days after the close of each calendar year, a report of its operations and achievements;
k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;
l) To prepare and submit the appropriate budget to the Office of the President;
m) To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any other
similar authority for the disposition, utilization, management and appropriation by any private individual,
corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various offices within the Commission:
o) To promulgate the necessary rules and regulations for the implementation of this Act;
p) To exercise such other powers and functions as may be directed by the President of the Republic of the
Philippines; and
q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with
indigenous peoples and other related concerns.
Section 45. Accessibility and Transparency. - Subject to such limitations as may be provided by law or
by rules and regulations promulgated pursuant thereto, all official records, documents and papers
pertaining to official acts, transactions or decisions, as well as research data used as basis for policy
development of the Commission shall be made accessible to the public.
Section 46. Officers within the NCIP. - The NCIP shall have the following offices which shall be
responsible for the implementation of the policies herein after provided:
a. Ancestral Domains Office - The Ancestral Domain Office shall be responsible for the identification,
delineation and recognition of ancestral land/domains. It shall also be responsible for the management of
ancestral lands/domains in accordance with the master plans as well as the implementation of the
ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. It shall also issue, upon the
free and prior informed consent of the ICCs/IPs concerned, certification prior to the grant of any license,
lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the
territorial integrity of all ancestral domains. It shall likewise perform such other functions as the
Commission may deem appropriate and necessary;
b. Office on Policy, Planning and Research - The Office on Policy, Planning and Research shall be
responsible for the formulation of appropriate policies and programs for ICCs/IPs such as, but not limited to,
the development of a Five-Year Master Plan for the ICCs/IPs. Such plan shall undergo a process such that
every five years, the Commission shall endeavor to assess the plan and make ramifications in accordance
with the changing situations. The Office shall also undertake the documentation of customary law and shall
establish and maintain a Research Center that would serve as a depository of ethnographic information for
monitoring, evaluation and policy formulation. It shall assist the legislative branch of the national
government in the formulation of appropriate legislation benefiting ICCs/IPs.
c. Office of Education, Culture and Health - The Office on Culture, Education and Health shall be
responsible for the effective implementation of the education, cultural and related rights as provided in this
Act. It shall assist, promote and support community schools, both formal and non-formal, for the benefit of
the local indigenous community, especially in areas where existing educational facilities are not accessible
to members of the indigenous group. It shall administer all scholarship programs and other educational
rights intended for ICC/IP beneficiaries in coordination with the Department of Education, Culture and
Sports and the Commission on Higher Education. It shall undertake, within the limits of available
appropriation, a special program which includes language and vocational training, public health and family
assistance program and related subjects.
It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them
to enroll in schools of medicine, nursing, physical therapy and other allied courses pertaining to the health
profession.
Towards this end, the NCIP shall deploy a representative in each of the said offices who shall personally
perform the foregoing task and who shall receive complaints from the ICCs/IPs and compel action from
appropriate agency. It shall also monitor the activities of the National Museum and other similar
government agencies generally intended to manage and preserve historical and archeological artifacts of
the ICCs /IPs and shall be responsible for the implementation of such other functions as the NCIP may
deem appropriate and necessary;
d. Office on Socio-Economic Services and Special Concerns - The Office on Socio-Economic Services
and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent
government agencies specially charged with the implementation of various basic socio-economic services,
policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly
enjoyed by them. It shall also be responsible for such other functions as the NCIP may deem appropriate
and necessary;
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e. Office of Empowerment and Human Rights - The Office of Empowerment and Human Rights shall
ensure that indigenous socio- political, cultural and economic rights are respected and recognized. It shall
ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every opportunity, if
they so choose, to participate in all level decision-making. It shall likewise ensure that the basic human
rights, and such other rights as the NCIP may determine, subject to existing laws, rules and regulations are
protected and promoted;
f. Administrative Office - The Administrative Office shall provide the NCIP with economical, efficient and
effective services pertaining to personnel, finance, records, equipment, security, supplies, and related
services. It shall also administer the Ancestral Domains Fund; and
g. Legal Affairs Office - There shall be a Legal Affairs Office which shall advice the NCIP on all legal
matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPs with legal assistance in
litigation involving community interest. It shall conduct preliminary investigation on the basis of complaints
filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/IPs rights. On the
basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.
Section 47. Other Offices. - The NCIP shall have the power to create additional offices as it may deem
necessary subject to existing rules and regulations.
Section 48. Regional and Field Offices. - Existing regional and field offices shall remain to function
under the strengthened organizational structure of the NCIP. Other field office shall be created wherever
appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in provinces
where there are ICCs/IPs but without field offices, the NCIP shall establish field offices in said provinces.
Section 49. Office of the Executive Director. - The NCIP shall create the Office of the Executive Director
which shall serve as its secretariat. The office shall be headed by an Executive Director who shall be
appointed by the President of the Republic of the Philippines upon the recommendation of the NCIP on a
permanent basis. The staffing pattern of the office shall be determined by the NCIP subject to existing
rules and regulations.
Section 50. Consultative Body. - A body consisting of the traditional leaders, elders and representatives
from the women and youth sectors of the different ICCs/IPs shall be constituted by the NCIP from the time
to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs.
CHAPTER VIII
DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
Section 51. Delineation and Recognition of Ancestral Domains. - Self-delineation shall be guiding
principle in the identification and delineation of ancestral domains. As such, the ICCs/IPs concerned shall
have a decisive role in all the activities pertinent thereto. The Sworn Statement of the Elders as to the
Scope of the territories and agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to
the determination of these traditional territories. The Government shall take the necessary steps to identify
lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights
of ownership and possession thereto. Measures shall be taken in appropriate cases to safeguard the rights 7. Genealogical surveys;
of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they
have traditionally had access for their subsistence and traditional activities, particularly of ICCs/IPs who 8. Pictures and descriptive histories of traditional communal forests and hunting grounds;
are still nomadic and/or shifting cultivators.
9. Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills,
Section 52. Delineation Process. - The identification and delineation of ancestral domains shall be done terraces and the like; and
in accordance with the following procedures:
10. Write-ups of names and places derived from the native dialect of the community.
a. Ancestral Domains Delineated Prior to this Act - The provisions hereunder shall not apply to ancestral
domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993, nor to
e. Preparation of Maps - On the basis of such investigation and the findings of fact based thereon, the
ancestral lands and domains delineated under any other community/ancestral domain program prior to the
Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical descriptions,
enactment of his law. ICCs/IPs enactment of this law shall have the right to apply for the issuance of a
and a description of the natural features and landmarks embraced therein;
Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined
hereunder;
f. Report of Investigation and Other Documents - A complete copy of the preliminary census and a report
of investigation, shall be prepared by the Ancestral Domains Office of the NCIP;
b. Petition for Delineation - The process of delineating a specific perimeter may be initiated by the NCIP
with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a
majority of the members of the ICCs/IPs; g. Notice and Publication - A copy of each document, including a translation in the native language of the
ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial and regional offices of the NCIP, and shall be
c. Delineation Paper - The official delineation of ancestral domain boundaries including census of all
published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other
community members therein, shall be immediately undertaken by the Ancestral Domains Office upon filing
claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That
of the application by the ICCs/IPs concerned. Delineation will be done in coordination with the community
in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute:
concerned and shall at all times include genuine involvement and participation by the members of the
Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not
communities concerned;
available;

d. Proof required - Proof of Ancestral Domain Claims shall include the testimony of elders or community
under oath, and other documents directly or indirectly attesting to the possession or occupation of the area
since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the
following authentic documents:
1. Written accounts of the ICCs/IPs customs and traditions;
2. Written accounts of the ICCs/IPs political structure and institution;
3. Pictures showing long term occupation such as those of old improvements, burial grounds, sacred
places and old villages;
4. Historical accounts, including pacts and agreements concerning boundaries entered into by the
ICCs/IPs concerned with other ICCs/IPs;
5. Survey plans and sketch maps;
h. Endorsement to NCIP - Within fifteen (15) days from publication, and of the inspection process, the
Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that
is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains
Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office
shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided,
further, That in case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP:
Provided, furthermore, That in cases where there are conflicting claims, the Ancestral Domains Office shall
cause the contending parties to meet and assist them in coming up with a preliminary resolution of the
conflict, without prejudice to its full adjudication according to the selection below.
i. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies - The
Chairperson of the NCIP shall certify that the area covered is an ancestral domain. The secretaries of the
Department of Agrarian Reform, Department of Environment and Natural Resources, Department of the
Interior and Local Government, and Department of Justice, the Commissioner of the National
Development Corporation, and any other government agency claiming jurisdiction over the area shall be
notified thereof. Such notification shall terminate any legal basis for the jurisdiction previously claimed;

6. Anthropological data;

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j. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially delineated and determined
by the NCIP shall be issued a CADT in the name of the community concerned, containing a list of all those
identified in the census; and
k. Registration of CADTs - The NCIP shall register issued certificates of ancestral domain titles and
certificates of ancestral lands titles before the Register of Deeds in the place where the property is
situated.
Section 53. Identification, Delineation and Certification of Ancestral Lands. -
a. The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan)
claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions;
b. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains,
may have their claims officially established by filing applications for the identification and delineation of
their claims with the Ancestral Domains Office. An individual or recognized head of a family or clan may file
such application in his behalf or in behalf of his family or clan, respectively;
c. Proofs of such claims shall accompany the application form which shall include the testimony under oath
of elders of the community and other documents directly or indirectly attesting to the possession or
occupation of the areas since time immemorial by the individual or corporate claimants in the concept of
owners which shall be any of the authentic documents enumerated under Sec. 52 (d) of this act, including
tax declarations and proofs of payment of taxes;
d. The Ancestral Domains Office may require from each ancestral claimant the submission of such other
documents, Sworn Statements and the like, which in its opinion, may shed light on the veracity of the
contents of the application/claim;
e. Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral
Domains Office shall cause the publication of the application and a copy of each document submitted
including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at
least fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional
offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2)
consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date
of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio
station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both
newspapers and radio station are not available
f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each
application, and if found to be meritorious, shall cause a parcellary survey of the area being claimed. The
Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection
and verification. In case of rejection, the Ancestral Domains office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In
case of conflicting claims among individual or indigenous corporate claimants, the Ancestral domains
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Office shall cause the contending parties to meet and assist them in coming up with a preliminary
resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all
proceedings for the identification or delineation of the ancestral domains as herein provided, the Director of
Lands shall represent the interest of the Republic of the Philippines; and
g. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed
and delineated to the NCIP, which shall, in turn, evaluate or corporate (family or clan) claimant over
ancestral lands.
Section 54. Fraudulent Claims. - The Ancestral Domains Office may, upon written request from the
ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community. Any
claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by
the NCIP after due notice and hearing of all parties concerned.
Section 55. Communal Rights. - Subject to Section 56 hereof, areas within the ancestral domains,
whether delineated or not, shall be presumed to be communally held: Provide, That communal rights
under this Act shall not be construed as co-ownership as provided in Republic Act. No. 386, otherwise
known as the New Civil Code.
Section 56. Existing Property Rights Regimes. - Property rights within the ancestral domains already
existing and/or vested upon effectivity of this Act, shall be recognized and respected.
Section 57. Natural Resources within Ancestral Domains. - The ICCs/IPs shall have the priority rights
in the harvesting, extraction, development or exploitation of any natural resources within the ancestral
domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and
utilization of the natural resources for a period of not exceeding twenty-five (25) years renewable for not
more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the
ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to
allow such operation: Provided, finally, That the all extractions shall be used to facilitate the development
and improvement of the ancestral domains.
Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which are found
necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs
concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall
be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective
assistance of the government agencies. Should the ICCs/IPs decide to transfer the responsibility over the
areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in
accordance with its customary laws without prejudice to the basic requirement of the existing laws on free
and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall
be displaced or relocated for the purpose enumerated under this section without the written consent of the
specific persons authorized to give consent.
Section 59. Certification Precondition. - all department and other governmental agencies shall shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the
henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally,
entering into any production-sharing agreement, without prior certification from the NCIP that the area That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws.
affected does not overlap with any ancestral domain. Such certificate shall only be issued after a
field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided, CHAPTER IX
That no certificate shall be issued by the NCIP without the free and prior informed and written consent of JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
the ICCs/IPs concerned: Provided, further, That no department, government agency or
government-owned or -controlled corporation may issue new concession, license, lease, or production
Section 65. Primary of Customary Laws and Practices. - When disputes involve ICCs/IPs, customary
sharing agreement while there is pending application CADT: Provided, finally, That the ICCs/IPs shall have
laws and practices shall be used to resolve the dispute.
the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement
of this consultation process.
Section 66. Jurisdiction of the NCIP. - The NCIP, through its regional offices, shall have jurisdiction over
all claims and disputes involving rights of ICCs/IPs; Provided, however, That no such dispute shall be
Section 60. Exemption from Taxes. - All lands certified to be ancestral domains shall be exempt from
brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws.
real property taxes, specially levies, and other forms of exaction except such portion of the ancestral
For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the
domains as are actually used for large-scale agriculture, commercial forest plantation and residential
attempt to settle the dispute that the same has not been resolved, which certification shall be a condition
purposes and upon titling by other by private person: Provided, that all exactions shall be used to facilitate
precedent to the filing of a petition with the NCIP.
the development and improvement of the ancestral domains.

Section 61. Temporary Requisition Powers. - Prior to the establishment of an institutional surveying
capacity whereby it can effectively fulfill its mandate, but in no case beyond three (3) years after its
creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources
(DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of
Agreement (MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommodate
any such request within one (1) month of its issuance: Provided, That the Memorandum of Agreement
shall stipulate, among others, a provision for technology transfer to the NCIP.
Section 67. Appeals to the Court of Appeals. - Decisions of the NCIP shall be appealable to the Court of
Appeals by way of a petition for review.
Section 68. Execution of Decisions, Awards, Orders. - Upon expiration of the period here provided and
no appeal is perfected by any of the contending parties, the Hearing Officer of the NCIP, on its own
initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the
proper officer to execute final decisions, orders or awards of the Regional Hearing Officer of the NCIP.

Section 62. Resolution of Conflicts. - In cases of conflicting interest, where there are adverse claims
within the ancestral domains as delineated in the survey plan, and which cannot be resolved, the NCIP
shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such
ancestral domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the
traditional boundaries of their respective ancestral domains, customary process shall be followed. The
NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided,
further, That in any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any
matter pertaining to the application, implementation, enforcement and interpretation of this Act may be
brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy
thereof.
Section 69. Quasi-Judicial Powers of the NCIP. - The NCIP shall have the power and authority:
a. To promulgate rules and regulations governing the hearing and disposition of cases filed before it as
well as those pertaining to its internal functions and such rules and regulations as may be necessary to
carry out the purposes of this Act;
b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance
and testimony of witnesses or the production of such books, papers, contracts, records, agreements and
other document of similar nature as may be material to a just determination of the matter under
investigation or hearing conducted in pursuance of this Act;

Section 63. Applicable Laws. - Customary laws, traditions and practices of the ICCs/IPs of the land c. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and
where the conflict arises shall be applied first with respect to property rights, claims and ownerships,
hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application of laws
d. To enjoin any or all acts involving or arising from any case pending therefore it which, if not restrained
shall be resolved in favor of the ICCs/IPs.
forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social
or economic activity.
Section 64. Remedial Measures. - Expropriation may be resorted to in the resolution of conflicts of
interest following the principle of the "common good". The NCIP shall take appropriate legal action for the
cancellation of officially documented titles which were acquired illegally: Provided, That such procedure
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Section 70. No restraining Order or Preliminary Injunction. - No inferior court of the Philippines shall
have the jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any
of its duly authorized or designated offices in any case, dispute or controversy to, or interpretation of this
Act and other pertinent laws relating to ICCs/IPs and ancestral domains.
CHAPTER X
ANCESTRAL DOMAINS FUND
Section 71. Ancestral Domains Fund. - There is hereby created a special fund, to be known as the
Ancestral Domains Fund, an initial amount of the One Hundred thirty million pesos(P130,000,000) to cover
compensation for expropriated lands, delineation and development of ancestral domains. An amount of
Fifty million pesos (P50,000,000) shall be sourced from the gross income of the Philippine Charity
Sweepstakes Office (PCSO) from its lotto operation, Ten millions pesos (P10,000,000) from the gross
receipts of the travel tax of the preceding year, the fund of the Social Reform Council intended for survey
and delineation of ancestral lands/domains, and such other source as the government may be deem
appropriate. Thereafter such amount shall be included in the annual General Appropriations Act. Foreign
as well as local funds which are made available for the ICCs/IPs through the government of the Philippines
shall be coursed through the NCIP. The NCIP may also solicit and receive donations, endowments shall
be exempted from income or gift taxes and all other taxes, charges or fees imposed by the government or
any political subdivision or instrumentality thereof.
CHAPTER XI
PENALTIES
Section 72. Punishable Acts and Applicable Penalties. - Any person who commits violation of any of
the provisions of this Act, such as, but not limited to, authorized and/or unlawful intrusion upon any
ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in
accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of
the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon
conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12)
years or a fine not less than One hundred thousand pesos (P100,000) nor more than Five hundred
thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered
by the latter as a consequence of the unlawful act.
Section 73. Persons Subject to Punishment. - If the offender is a juridical person, all officers such as,
but not limited to, its president, manager, or head of office responsible for their unlawful act shall be
criminally liable therefor, in addition to the cancellation of certificates of their registration and/or license:
Provided, That if the offender is a public official, the penalty shall include perpetual disqualification to hold
public office.
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CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE
FOR SOUTHERN CULTURAL COMMUNITIES (OSCC)
Section 74. Merger of ONCC/OSCC. - The Office for Northern Cultural Communities (ONCC) and the
Office of Southern Cultural Communities (OSCC), created under Executive Order Nos. 122-B and 122-C
respectively, are hereby merged as organic offices of the NCIP and shall continue to function under a
revitalized and strengthened structures to achieve the objectives of the NCIP: Provided, That the positions
of Regional Directors and below, are hereby phased-out upon the effectivity of this Act: Provided, further,
That officials and employees of the phased-out offices who may be qualified may apply for reappointment
with the NCIP and may be given prior rights in the filing up of the newly created positions of NCIP, subject
to the qualifications set by the Placement Committee: Provided, furthermore, That in the case where an
indigenous person and a non-indigenous person with similar qualifications apply for the same position,
priority shall be given to the former. Officers and employees who are to be phased-out as a result of the
merger of their offices shall be entitled to gratuity a rate equivalent to one and a half (1 1/2) months salary
for every year of continuous and satisfactory service rendered or the equivalent nearest fraction thereof
favorable to them on the basis of the highest salary received. If they are already entitled to retirement
benefits or the gratuity herein provided. Officers and employees who may be reinstated shall refund such
retirement benefits or gratuity received: Provided, finally That absorbed personnel must still meet the
qualifications and standards set by the Civil Service and the Placement Committee herein created.
Section 75. Transition Period. - The ONCC/OSCC shall have a period of six (6) months from the
effectivity of this Act within which to wind up its affairs and to conduct audit of its finances.
Section 76. Transfer of Assets/Properties. - All real and personal properties which are vested in, or
belonging to, the merged offices as aforestated shall be transferred to the NCIP without further need of
conveyance, transfer or assignment and shall be held for the same purpose as they were held by the
former offices: Provided, That all contracts, records and documents shall be transferred to the NCIP. All
agreements and contracts entered into by the merged offices shall remain in full force and effect unless
otherwise terminated, modified or amended by the NCIP.
Section 77. Placement Committee. - Subject to rules on government reorganization, a Placement
Committee shall be created by the NCIP, in coordination with the Civil Service Commission, which shall
assist in the judicious selection and placement of personnel in order that the best qualified and most
deserving persons shall be appointed in the reorganized agency. The placement Committee shall be
composed of seven (7) commissioners and an ICCs/IPs representative from each of the first and second
level employees association in the Offices for Northern and Southern Cultural Communities
(ONCC/OSCC), nongovernment organizations (NGOs) who have served the community for at least five (5)
years and peoples organizations (POs) with at least five (5) years of existence. They shall be guided by the
criteria of retention and appointment to be prepared by the consultative body and by the pertinent
provisions of the civil service law.
CHAPTER XIII
FINAL PROVISIONS
Section 78. Special Provision. - The City of Baguio shall remain to be governed by its Chapter and all SECTION 1. Section 4, Chapter 1, Title III, Book IV of Executive Order No. 292, otherwise known as the
lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by "Administrative Code of 1987", as amended, is hereby further amended to read as follows:
appropriate legislation: Provided, That prior land rights and titles recognized and/or required through any
judicial, administrative or other processes before the effectivity of this Act shall remain valid: Provided, "SEC. 4. Organizational Structure - The Department shall consist of the following constituent units:
further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the
effectivity of this Act.
(1) Department Proper;

Section 79. Appropriations. - The amount necessary to finance the initial implementation of this Act shall
(2) Office of the Government Corporate Counsel;
be charged against the current year's appropriation of the ONCC and the OSCC. Thereafter, such sums as
may be necessary for its continued implementation shall be included in the annual General Appropriations
Act. (3) National Bureau of Investigation;

Section 80. Implementing Rules and Regulations. - Within sixty (60) days immediately after (4) Public Attorney's Office (as an attached agency);
appointment, the NCIP shall issue the necessary rules and regulations, in consultation with the
Committees on National Cultural Communities of the House of Representatives and the Senate, for the (5) Board of Pardons and Parole;
effective implementation of this Act.
(6) Parole and Probation Administration;
Section 81. Saving Clause. - This Act will not in any manner adversely affect the rights and benefits of
the ICCs/IPs under other conventions, recommendations, international treaties, national laws, awards, (7) Bureau of Corrections;
customs and agreements.
(8) Land Registration Authority;
Section 82. Separability Clause. - In case any provision of this Act or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
(9) Bureau of Immigration; and

Section 83. Repealing Clause. - Presidential Decree NO. 410, Executive Order Nos. 122-B and 122-C,
(10) Commission on the Settlement of Land Problems."
and all other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.
SEC. 2. Section 14, Chapter 5, Title III, Book IV of the same Code, as amended, is hereby further
amended to read as follows:
Section 84. Effectivity. - This Act shall take effect fifteen days (15) days upon its publication in the Official
Gazette or in any two (2) newspapers of general circulation.
"SEC. 14. Public Attorney's Office (PAO). - The Citizen's Legal Assistance Office (CLAO) is renamed
Public Attorney's Office (PAO). It shall exercise the powers and functions as are now provided by law for
Approved: 29 October 1997.
the Citizen's Legal Assistance Office or may hereafter be provided by law.

Republic Act No. 9406 March 23, 2007

AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY'S OFFICE (PAO),
AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF EXECUTIVE ORDER NO. 292,
OTHERWISE KNOWN AS THE "ADMINISTRATIVE CODE OF 1987", AS AMENDED, GRANTING
SPECIAL ALLOWANCE TO PAO OFFICIALS AND LAWYERS, AND PROVIDING FUNDS THEREFOR
"The PAO shall be an independent and autonomous office attached to the Department of Justice in
accordance with Sec. 38(3), Chapter 7 of Book IV of this Code for the purposes of policy and program
coordination.
"The PA0 shall be the principal law office of the government in extending free legal assistance to indigent
persons in criminal, civil, labor, administrative and other quasi-judicial cases."

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SEC. 3. A new Section 14-A, is hereby inserted in Chapter 5, Title III, Book IV of Executive Order No. 292,
otherwise known as the "Administrative Code of 1987", to read as follows:

75
"SEC. 14-A Powers and Functions. - The PAO shall independently discharge its mandate to render, free of
charge, legal representation, assistance, and counselling to indigent persons in criminal, civil, labor,
administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be called upon
by proper government authorities to render such service to other persons, subject to existing laws, rules
and regulations."
SEC. 4. Section 15, Chapter 5, Title III, Book IV of Executive Order No. 292, as amended, is hereby further
amended to read as follows:
"SEC. 15. Organizational Structure. - The PA0 shall consist of the following constituent units:
(1) Office of the Chief Public Attorney and two (2) Deputy Chief Public Attorneys to serve as a 'Deputy
Chief Public Attorney for Administration' and placed in charge of three divisions, namely; Administrative;
Financial Planning and Management; and Executive Division, while the other to serve as 'Deputy Chief
Public Attorney for Operations' and shall be responsible for special and appealed cases; legal research;
and field services and statistics upon the designation by the Chief Public Attorney. One of the deputies
shall be designated as Deputy Chief Public Attorney for Luzon and the other Deputy Chief Public Attorney
for Visayas and Mindanao.
(2) SIX (6) line divisions in the Central Office, namely: Administrative, Financial Planning and Management,
Special and Appealed Cases, Legal Research and Statistics, Field Services and Statistics, and Executive
Division.
(3) Regional, Provincial, City, and Municipal District Offices."
SEC. 5. Section 16, Chapter 5, Title III, Book IV of Executive Order No. 292, as amended, is hereby further
amended to read as follows:
"SEC. 16. The Chief Public Attorney and Other PA0 Officials. - The PA0 shall be headed by a Chief Public
Attorney and shall be assisted by two (2) Deputy Chief Public Attorneys. Each PA0 Regional Office
established in each of the administrative regions of the country shall be headed by a Regional Public
Attorney who shall be assisted by an Assistant Regional Public Attorney. The authority and responsibility
for the exercise of the mandate of the PAO and for the discharge of its powers and functions shall be
vested in the Chief Public Attorney.
"The Office of the Chief Public Attorney shall include his/her immediate staff, the six (6) line divisions in the
Central Office, the Deputy Chief Public Attorneys and the Regional, Provincial, City, and Municipal District
Offices.
"The Chief Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances,
and retirement privileges as those of the Chief State Prosecutor of the National Prosecution Service. The
Deputy Chief Public Attorneys shall have the same qualifications for appointment, rank, salaries,
allowances, and retirement privileges as those of the Assistant Chief State Prosecutor of the National
Prosecution Service.
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"The services herein created shall each be headed by a staff director who shall have the same
qualifications for appointment, rank, salaries, allowances and privileges as those of staff director of the
National Prosecution Service.
"Each of the PAO Regional Offices shall be headed by a Regional Public Attorney who shall be assisted by
an Assistant Regional Public Attorney. The regional offices shall have such provincial, city and municipal
district offices as may be necessary.
"The Regional Public Attorney and the Assistant Regional Public Attorney shall have the same
qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of a Regional
State Prosecutor and the Assistant Regional State Prosecutor of the National Prosecution Service
respectively.
"The Provincial Public Attorney, City Public Attorney and the Municipal District Public Attorney shall have
the same qualifications for appointment, rank, salaries, allowances and retirement privileges as those of a
Provincial Prosecutor and City Prosecutor as the case may be, of the National Prosecution Service,
respectively.
"The other administrative personnel in the PAO shall have the rank and salaries equivalent to their
counterpart in the National Prosecution Service."
SEC. 6. New sections are hereby inserted in Chapter 5, Title III, Book IV of Executive Order No. 292, to
read as follows:
"SEC. 16-A. Appointment. - The Chief Public Attorney and the Deputy Chief Public Attorneys shall be
appointed by the President. The Deputy Chief Public Attorneys and Regional Public Attorneys shall be
appointed by the President upon the recommendation of the Chief Public Attorney. The Chief Public
Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys shall not be removed or suspended,
except for cause provided by law; Provided, That the Deputy Chief Public Attorneys, the Regional Public
Attorneys and The Assistant Regional Public Attorneys, the Provincial Public Attorneys, the City Public
Attorneys and Municipal District Public Attorney shall preferably have served as Public Attorneys for at
least five (5) years immediately prior to their appointment as such. The administrative and support
personnel and other lawyers in the Public Attorney’s Office shall be appointed by the Chief Public Attorney,
in accordance with civil service laws, rules, and regulations."
"SEC. 16-B. Vacancy. - In case of death, permanent incapacity, removal or registration of the incumbent
Chief Public Attorney, Deputy Chief Public Attorneys or Regional Public Attorneys or vacancy thereof, the
President shall appoint a new Chief, Deputy Chief or Regional Public Attorney or shall designate one, as
the case may be, in an acting capacity until a new one shall have been appointed.
"In case of temporary absence of the Chief Public Attorney, the latter may designate an Officer-in-Charge
to be a caretaker of the Office."
"SEC. 16-C. Incumbent Officials and Personnel. - The incumbent officials and personnel of the Public
Attorney's Office shall continue holding his/her position without the needs of new appointment."
"SEC. 16-D. Exemption from Fees and Costs of the Suit. - The clients of the PAO shall exempt from
payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies,
as an original proceeding or on appeal.
"The costs of the suit, attorney's fees and contingent fees imposed upon the adversary of the PAO clients
after a successful litigation shall be deposited in the National Treasury as trust fund and shall be disbursed
for special allowances of authorized officials and lawyers of the PAO."
"SEC. 16-E. Local Government Support. - Local government units, subject to their capabilities, are
authorized to extend financial and other support in the form of honoraria, free office space, equipment,
furniture, stationery, and manpower to the PAO."
"SEC. 16-F. Franking Privilege. - The PAO may transmit through ordinary mail and/or registered mail with
return card, free of charge, all official communications and papers directly connected with the conduct of its
duties, function and/or its exercise of administrative supervision over its personnel.
"The envelope or wrapper of the privileged mail matter shall bear on the left upper corner 'Public Attorney's
Office' together with its address and on the right upper corner, the word 'Private or unauthorized use to
avoid payment of postage is penalized by fine or imprisonment or both.'"
SEC. 7. Ratio of Public Attorney"s Position to an Organized Sala. - There shall be a corresponding
number of public attorney's positions at the ratio of one public attorney to an organized sala and the
corresponding administrative and support staff thereto.
SEC. 8. Sections 41 and 42, Chapter 10, Book I of the same Code, as amended, is hereby further
amended to read as follows:
"SEC. 41. Officers Authorized to Administer Oaths. - The following officers have general authority to
administer oaths: President; Vice-President, Members and Secretaries of both Houses of the Congress;
Members of the Judiciary; Secretaries of Departments; provincial governors and lieutenant-governors; city
mayors; municipal mayors; bureau directors; regional directors; clerk of courts; registrars of deeds; other
civilian officers in the public service of the government of the Philippines whose appointments are vested in
the President and are subject to confirmation by the Commission on Appointments; all other constitutional
officers; PAO lawyers in connection with the performance of duty; and notaries public.
"SEC. 42. Duty to Administer Oaths. - Officers authorized to administer oaths, with the exception of
notaries public, municipal judges and clerks of court, are not obliged to administer oaths or execute
certificates save in matters of official business or in relation to their functions as such; and with the
exception of notaries public, the officer performing the service in those matters shall charge no fee, unless
specifically authorized by law."
77
SEC. 9. Grant of Special Allowances. - The Chief Public Attorney, the Deputy Chief Public Attorneys, the
Regional Public Attorneys, the Provincial, City and Municipal District Public Attorneys, other PAO lawyers
and officials who have direct supervision over PAO lawyers shall be granted special allowances in the
amounts to be determined by the Secretary of the Department of Budyet and Management (DBM) and the
Chief Public Attorney.
The grant of said special allowances shall not exceed one hundred percent (100%) of the basic salary of
the PAO officials and lawyers as provided in the immediately preceding paragraph.
SEC. 10. Effects of Subsequent Salary Increases. - Upon the implementation of any subsequent
increases in the salary rates provided under Republic Act No. 6758, as amended, all special allowances
granted under Section 9 hereof shall be considered as an implementation of the said salary increases as
may be provided by law. The special allowance equivalent to the increase in the basic salary as may be
provided by law shall be converted as part of the basic salary.
SEC. 11. Appropriations. - The amount necessary for the initial implementation of this Act shall be
charged against the current fiscal year's appropriations under the budget of the PAO. Thereafter, such
sums as may be necessary for the continued implementation of this act shall be included in the Annual
General Appropriations Act.
SEC. 12. Implementing Rules and Regulations. - Within ninety (90) days from the approval of this Act,
the DBM and PAO shall adopt and issue the rules and regulations for the effective implementation of this
Act.
SEC. 13. Repealing Clause. - All laws, executive orders, presidential decrees, presidential proclamations,
letters of implementation, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SEC. 14. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
provisions not affected thereby shall continue to be in full force and effect.
SEC. 15. Effectivity. - This Act shall take effect upon its approval fifteen (15) days following its publication
in the Official Gazette or in two (2) newspaper of general circulation in the Philippines.
Republic Act No. 6981 April 24, 1991
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit
Act".
Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the a) to testify before and provide information to all appropriate law enforcement officials concerning all
Department, through its Secretary, shall formulate and implement a "Witness Protection, Security and appropriate proceedings in connection with or arising from the activities involved in the offense charged;
Benefit Program", hereinafter referred to as the Program, pursuant to and consistent with the provisions of
this Act. b) to avoid the commission of the crime;lawphi1Ÿ

The Department may call upon any department, bureau, office or any other executive agency to assist in c) to take all necessary precautions to avoid detection by others of the facts concerning the protection
the implementation of the Program and the latter offices shall be under legal duty and obligation to render provided him under this Act;
such assistance.
d) to comply with legal obligations and civil judgments against him;
Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or
information on the commission of a crime and has testified or is testifying or about to testify before any
e) to cooperate with respect to all reasonable requests of officers and employees of the Government who
judicial or quasi-judicial body, or before any investigating authority, may be admitted into the Program:
are providing protection under this Act; and

Provided, That:
f) to regularly inform the appropriate program official of his current activities and address.1awphi1©

a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal
Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of
Code, or its equivalent under special laws;lawphi1Ÿ
agreement shall be a ground for the termination of the protection provided under this Act: Provided,
however, That before terminating such protection, the Secretary of Justice shall send notice to the person
b) his testimony can be substantially corroborated in its material points; involved of the termination of the protection provided under this Act, stating therein the reason for such
termination.
c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to
threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the
or corrupted to prevent him from testifying, or to testify falsely, or evasively, because or on account of his Program and the action taken thereon shall be confidential in nature. No information or documents given or
testimony; and submitted in support thereof shall be released except upon written order of the Department or the proper
court.
d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement
officers. In such a case, only the immediate members of his family may avail themselves of the protection Any person who violates the confidentiality of said proceedings shall upon conviction be punished with
provided for under this Act. imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to
hold a public office or employment for a period of five (5) years.
If the Department, after examination of said applicant and other relevant facts, is convinced that the
requirements of this Act and its implementing rules and regulations have been complied with, it shall admit Section 8. Rights and Benefits. - The witness shall have the following rights and benefits:ITC-ALF
said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge
or information on the commission of the crime, and thereafter issue the proper certification. For purposes
(a) To have a secure housing facility until he has testified or until the threat, intimidation or harassment
of this Act, any such person admitted to the Program shall be known as the Witness.
disappears or is reduced to a manageable or tolerable level. When the circumstances warrant, the Witness
shall be entitled to relocation and/or change of personal identity at the expense of the Program. This right
Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of may be extended to any member of the family of the Witness within the second civil degree of
legislation, a witness, with his express consent, may be admitted into the Program upon the consanguinity or affinity.
recommendation of the legislative committee where his testimony is needed when in its judgment there is
pressing necessity therefor: Provided, That such recommendation is approved by the President of the
(b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The
Senate or the Speaker of the House of Representatives, as the case may be.
Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his
support and that of his family in such amount and for such duration as the Department shall determine.
Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided
protection under this Act, he shall first execute a memorandum of agreement which shall set forth his
responsibilities including:
78
(c) In no case shall the Witness be removed from or demoted in work because or on account of his (d) his testimony can be substantially corroborated on its material points;
absences due to his attendance before any judicial or quasi-judicial body or investigating authority,
including legislative investigations in aid of legislation, in going thereto and in coming therefrom: Provided, (e) he does not appear to be most guilty; and
That his employer is notified through a certification issued by the Department, within a period of thirty (30)
days from the date when the Witness last reported for work: Provided, further, That in the case of
(f) he has not at any time been convicted of any crime involving moral turpitude.
prolonged transfer or permanent relocation, the employer shall have the option to remove the Witness
from employment after securing clearance from the Department upon the recommendation of the
Department of Labor and Employment. An accused discharged from an information or criminal complaint by the court in order that he may be a
State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his
petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this
Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or
Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119
wages corresponding to the number of days of absence occasioned by the Program. For purposes of this
of the Revised Rules of Court.
Act, any fraction of a day shall constitute a full day salary or wage. This provision shall be applicable to
both government and private employees.
Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next
preceding Section he shall execute a sworn statement describing in detail the manner in which the offense
(d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such
was committed and his participation therein. If after said examination of said person, his sworn statement
amount as the Department may determine for his attendance in the court, body or authority where his
and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing
testimony is required, as well as conferences and interviews with prosecutors or investigating officers.
rules are complied with, it may admit such person into the Program and issue the corresponding
certification.
(e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness
incurred or suffered by him because of witness duty in any private or public hospital, clinic, or at any such
If his application for admission is denied, said sworn statement and any other testimony given in support of
institution at the expense of the Program.
said application shall not be admissible in evidence, except for impeachment purposes.

(f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial
benefit of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of any other similar
benefits he may be entitled to under other existing laws.
(g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free
education, from primary to college level in any state, or private school, college or university as may be
determined by the Department, as long as they shall have qualified thereto.
Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify,
the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall
endeavor to finish said proceeding within three (3) months from the filing of the case.
Section 10. State Witness. - Any person who has participated in the commission of a crime and desires
to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department,
shall be admitted into the Program whenever the following circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
(b) there is absolute necessity for his testimony;
Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission
into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor
who is required not to include the Witness in the criminal complaint or information and if included therein,
to petition the court for his discharge in order that he can utilized as a State Witness. The Court shall order
the discharge and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the
offense or offenses in which his testimony will be given or used and all the rights and benefits provided
under Section 8 hereof.
Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who
fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be
prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a
State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition
accompanying such immunity without just cause, as determined in a hearing by the proper court, his
immunity shall be removed and he shall be subject to contempt or criminal prosecution. Moreover, the
enjoyment of all rights and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage
of the proceedings.

(c) there is no other direct evidence available for the proper prosecution of the offense committed:
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Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and
10 of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings
necessary for the prosecution of the offense or offenses for which he has been admitted into the Program
on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal
prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing
concerning his compelled testimony or books, documents, records and writings produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or
writings, on the ground of the right against self-incrimination, and the state prosecutor or investigator
believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses
charged or under investigation, he, with the prior approval of the department, shall file a petition with the
appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce
the books, documents, records, and writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the
Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing
to give such testimony or produce such documentary evidence.
Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt
committed while giving testimony or producing evidence under compulsion pursuant to this Act. The
penalty next higher in degree shall be imposed in case of conviction for perjury. The procedure prescribed
under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be
imposed shall not be less than one (1) month but not more than one (1) year imprisonment.
Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the
protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his
credibility.
Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby
hinders, delays, prevents or dissuades a Witness from:
(a) attending or testifying before any judicial or quasi-judicial body or investigating authority;
(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense,
or a violation of conditions or probation, parole, or release pending judicial proceedings;
(c) seeking the arrest of another person in connection with the offense;
(d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or
(e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not
more than Three thousand pesos (P3,000.00) or suffer imprisonment of not less than six (6) months but
not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from
holding public office in case of a public officer.
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Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as
may be necessary to implement the intent and purposes of this Act. Said rules and regulations shall be
published in two (2) newspapers of general circulation.
Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.
Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be
appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the
purpose of this Act.
Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity
imposed upon the accused.
Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in
furtherance hereof.
Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of
this Act shall not affect the other provisions hereof.
Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2)
newspapers of general circulation.
Republic Act No. 8505 February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR
THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the "Rape Victim Assistance and Protection Act of
1998."
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to provide necessary
assistance and protection for rape victims. Towards this end, the government shall coordinate its various
agencies and non-government organizations to work hand in hand for the establishment and operation of a
rape crisis center in every province and city that shall assist and protect rape victims in the litigation of their
cases and their recovery.
Section 3. Rape Crisis Center. - The Department of Social Welfare and Development (DSWD), the
Department of Health (DOH), the Department of the Interior and Local Government (DILG), the
Department of Justice (DOJ), and a lead non-government organization (NGO) with proven track record or
experience in handling sexual abuse cases, shall establish in every province and city a rape crisis center
located in a government hospital or health clinic or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological counselling, medical and health services, including their
medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in
court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family of rape
victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors,
lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities;
gender sensitivity and legal management of rape cases; andalf-1awphi1
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.
Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it shall be the
duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained;
otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be of the same gender as the
offended party, to ensure that only persons expressly authorized by the offended party shall be allowed
inside the room where the investigation or medical or physical examination is being conducted.
For this purpose, a women's desk must be established in every police precinct throughout the country to
provide a police woman to conduct investigation of complaints of women rape victims. In the same manner,
the preliminary investigation proper or inquest of women rape victims must be assigned to female
prosecutor or prosecutors after the police shall have endorsed all the pertinent papers thereof to the same
office.
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Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint
for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint
shall recognize the right to privacy of the offended party and the accused. Towards this end, the police
officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to
ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/or the accused, or any other information tending to establish their
identities, and such circumstances or information on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a
language or dialect known or familiar to them.
Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct,
opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court
finds, that such evidence is material and relevant to the case.
Section 7. Appropriations. - For the establishment and operation of the rape crisis centers during the first
year of implementation of this Act, the amount of One hundred twenty million pesos (P120,000,000.00)
shall be charged against the Organizational Adjustment Fund, as follows: Sixty million pesos
(P60,000,000.00) for the DSWD; and Twenty million pesos (P20,000,000.00) each for the DOH, DILG, and
DOJ, respectively. Thereafter, the necessary amount for the rape crisis centers shall be included in the
budgetary allocations for the agencies concerned in the annual General Appropriations Act.
Section 8. Implementing Rules and Regulations. - Within ninety (90) days upon the approval of this Act,
all concerned agencies shall formulate rules and regulations as may be necessary for the proper
implementation thereof.
Section 9. Separability Clause. - If any part, section or provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected thereby shall remain valid.
Section 10. Repealing Clause. - All laws, acts, presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.
Section 11. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in at
least two (2) newspapers of general circulation.
Republic Act No. 9775
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social
well-being. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions
prejudicial to his/her development;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to:
(1) the use of a child in pornographic performances and materials; and
(2) the inducement or coercion of a child to engage or be involved in pornography through whatever
means; and
(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the
rights of children which include, but not limited to, the Convention on the Rights of the Child, the Optional
Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child Prostitution
and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination
of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
82
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral
to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any
other internet or shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public
for the use of its computer/s or computer system for the purpose of accessing the internet, computer
games or related services.
(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the
Philippines.
(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an
internet carriage service to the public.
(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for
sexual activity or sexual relationship by communicating any form of child pornography. It includes online
enticement or enticement through any other means.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone
who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any
means any material or purported material that is intended to cause another to believe that the material or
purported material contains any form of child pornography, regardless of the actual content of the material
or purported material.
(k) "Person" refers to any natural or juridical entity.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any
form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of
child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but
not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a
legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with
other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child
to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form
of child pornography shall be committed when two (2) or more persons come to an agreement concerning
the commission of any of the said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another and shall be punished under Section 15(a) of this Act.
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:
(a) Offended party;
83
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under
this Act.
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or
designate special prosecutors to prosecute cases for the violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family
Court which has territorial jurisdiction over the place where the offense or any of its essential elements was
committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".
Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify
the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days
from obtaining facts and circumstances that any form of child pornography is being committed using its
server or facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of
any user, subscriber or customer, or the content of any communication of any such person: Provided, That
no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance
with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to ensure that access to or transmittal of
any form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the
effectivity of this Act the necessary rules and regulations for the implementation of this provision which
shall include, among others, the installation of filtering software that will block access to or transmission of
any form of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. - All mall owners/operators and owners or lessors of other business establishments shall
notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child
pornography is being committed in their premises. Provided, That public display of any form of child
pornography within their premises is a conclusive presumption of the knowledge of the mall
owners/operators and owners or lessors of other business establishments of the violation of this
Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and owners
or lessors of other business establishments should know or reasonably know that a violation of this Act is
being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any person
who has direct knowledge of any form of child pornography activities shall have the duty to report any
suspected child pornography materials or transactions to the proper authorities within seven (7) days from
discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided under Section
15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars
of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to
the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet address that contains any form of child pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be
subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet
content host to remove any form of child pornography within forty-eight (48) hours from receiving the notice
that any form of child pornography is hitting its server shall be conclusive evidence of willful and intentional
violation thereof.
84
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the
establishment and operation of the same or similar establishments in order to prevent violation of the
provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the
investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall
be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may,
whenever necessary to ensure a fair and impartial proceeding and after considering all circumstances for
the best interest of the child conduct a closed-door investigation, prosecution or trial;
(b) The name and personal circumstances of the child, including the child's immediate family, or any other
information tending to establish his/her identity shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and
order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies and
(6) Other persons as determined by the court.
(d) Any form of child pornography that is part of the court records shall be subject to a protective order that
provides as follows:
(1) Any form of child pornography may be viewed only by the parties, their counsel, their expert witness
and guardian ad litem;
(2) Neither form of child pornography nor any portion thereof shall be divulged to any other person, except
as necessary for investigation, prosecution or trial; and
(3) No person shall be granted access to any form of child pornography or any part thereof unless he/she
signs a written affirmation that he/she has received and read a copy of the protection order; that he/she
submits to the jurisdiction of the court with respect to the protective order; and that, in case of violation
thereof, he/she will be subject to the contempt power of the court; and
(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor,
publisher and reporter or columnist in case of printed materials, announcer or producer in case of
television and radio, producer and director of a film in case of the movie industry, or any person utilizing
the tri-media facilities or information technology to publish or broadcast the names of the victims of any
case of child pornography.
Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is
a victim of any form of child pornography is provided appropriate care, custody and support for their
recovery and reintegration in accordance with existing laws.
The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses
under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act
No. 7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so
that the child may claim compensation therein.
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for
offenses enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer
the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not
more than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty
of reclusion temporal in its maximum period and a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty
of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos
(Php750,000.00) but not more than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion
temporal in its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Seven hundred thousand pesos (Php700,000.00);
85
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in
its maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00) but not
more than Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in its
minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not more
than Five hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision
correccional in its maximum period and a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision
correccionalin its medium period and a fine of not less than One hundred thousand pesos (php100,000.00)
but not more than Two hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in its
minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One
hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not
more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,
the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three
million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment;
(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos
(Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license to
operate;
(l) Any mall owner-operator and owner or lessor of other business establishments including photo
developers, information technology professionals, credit card companies and banks, found guilty of willfully
and knowingly failing to comply with the notice requirements under Section 10 of this Act shall suffer the
penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos
(Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine of
not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos
(Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;
and
(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its
minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more
than Three hundred thousand pesos (Php300,000.00).
Section 16. Common Penal Provisions. -
(b) Counseling;
(c) Free legal services, which shall include information about the victim's rights and the procedure for filing
of complaints, claims for compensation and such other legal remedies available to them in a language
understood by the child;

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree (d) Medical or psychological services;
of consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty
provided herein shall be in its maximum duration; Provided, That this provision shall not apply to Section (e) Livelihood and skills training; and
4(g) of this Act;
(f) Educational assistance.
(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner,
member of the board of directors and/or any responsible officer who participated in the commission of the
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation
crime or shall have knowingly permitted or failed to prevent its commissions;
and reintegration of the child victims shall adopted and carried out.

(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her
Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child
sentence and shall forever be barred from entering the country; and
Pornography created under Section 20 of this Act shall develop and implement the necessary programs
that will prevent any form of child pornography, as well as protect, heal and reintegrate the child into the
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public mainstream of society. Such programs shall include beat but not limited to the following:
officer or employee.
(a) Provision of mandatory services including counseling free legal services, medical or psychological
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child services, livelihood and skills training and educational assistance to the child pursuant to Section 18 of this
Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall order the Act;
confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments used in the
commission of the crime, unless they are the property of a third person not liable for the unlawful
(b) Sponsorship of a national research program on any form of child pornography and other acts covered
act; Provided, however, That all awards for damages shall be taken from the personal and separate
by the law and the establishment of a data collection system for monitoring and evaluation purposes;
properties of the offender; Provided, further, That if such properties are insufficient, the deficiency shall be
taken from the confiscated and forfeited proceeds, tools and instruments.
(c) Provision of necessary technical and material support services to appropriate government agencies
and nongovernmental organizations:
All proceeds derived from the sale of properties used for the commission of any form of child pornography
shall accrue to the special account of the DSWD which shall be used exclusively for the implementation of
this Act. (d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public,
the academe , government, nongovernmental and international organizations and
When the proceeds, tools and instruments used in the commission of the offense have been destroyed
diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the (e) Promotion of information and education campaign.
offender, or it has been concealed, removed, converted or transferred to prevent the same from being
found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an
value of the proceeds, tools and instruments used in the commission of the offense.1avvphi1 Inter-Agency Council against Child Pornography to be composed of the Secretary of the DSWD as
chairperson and the following as members:
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned government agencies and the LGUs shall make (a) Secretary of the Department of Justice:
available the following services to victims of any form of child pornography:
(b) Secretary of the Department of Labor and Employment
(a) Emergency shelter or appropriate housing;
86
(c) Secretary of the Department of Science and Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
(i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall
be nominated by the government agency representatives of the Council for appointment by the President
for a term of three (3) years and may be renewed upon renomination and reappointment by the Council
and the President respectively.
The members of the Council mat designate their permanent representatives, who shall have a rank not
lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for the Council.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of
child pornography;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various members agencies effectively address the issues
and problems attendant to child pornography;
(e) Conduct and coordinate massive information disseminations and campaign on the existence of the law
and the various issues and problems attendant to child pornography;
87
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on the action taken;
(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of victims of child pornography;
(i) Secure from any department, bureau, office, agency or instrumentality of the government or from NGOs
and other civic organizations such assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system relative to child abuse and exploitation and
ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of
any form of child pornography which form basis for policy formulation and program direction;
(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child
pornography;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography;
(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who
are foreign nationals in the Philippines;
(n) maintain a database of cases of child pornography;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to victims
of child pornography.
(p) Submit to the President and the Congressional Oversight committee credited herein the annual report
on the policies, plans, programs and activities of the Council relative to the implementation of this Act; and
(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1) conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the
foreign state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly
located in the Philippines used in connection with child pornography in the court; Provided, That if the DOJ
refuses to act on the request of for delaying the execution thereof: Provided, further, That the principles of
mutuality and reciprocity shall, for this purpose, be at all times recognized.
Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall
endeavor to include child pornography among extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight
Committee composed of five (5) members from the Senate and five (5) members from the House of
Representatives. The members from the Senate shall be appointed by the Senate President based on
proportional representation of the parties or coalition therein with at least one (1) member representing the
Minority. The members from the House of Representative shall be appointed by the Speaker, also based
on proportional representation of the parties or coalitions therein with the Chair of the House of Committee
on Welfare of Children and at least one (1) member representing the Minority
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and
Family relations and the House of Representatives Committee on Justice. The Secretariat of the
Congressional Oversight Committee shall come from the existing Secretariat personnel of the Committees
of the Senate and the House of Representatives concerned.
The Committee shall monitor and ensure the effective implementation of this Act, determine inherent
weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative
measures and perform such other duties and functions as may be necessary to attain the objectives of this
Act.
Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child
Pornography Act and the operationalization of the Inter-Agency Council Against Child Pornography shall
be included in the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography
shall promulgate the necessary implementing rules and regulations within ninety (90) days from the
effectivity of this Act.
Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be
suppletorily applicable to this Act.
Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in full force and effect.
Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative orders,
rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended,
modified or repealed accordingly.
Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Republic Act No. 9344
88
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act
of 2006."It shall cover the different stages involving children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:
(a) The State recognizes the vital role of children and youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
(b) The State shall protect the best interests of the child through measures that will ensure the observance
of international standards of child protection, especially those to which the Philippines is a party.
Proceedings before any authority shall be conducted in the best interest of the child and in a manner which
allows the child to participate and to express himself/herself freely. The participation of children in the
program and policy formulation and implementation related to juvenile justice and welfare shall be ensured
by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions
prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes
the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to
be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety
of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care,
education and vocational training programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural
and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims,
consistent with the protection of the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable
to children in conflict with the law.
SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of
this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the
child in conflict with the law.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form
of corporate security, property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the child's
physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
89
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child in
conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not
permitted to leave at will by order of any judicial or administrative authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological
or educational background without resorting to formal court proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with
the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in
conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the
law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child
to commit an offense. It may take the form of an individualized treatment program which may include
counseling, skills training, education, and other activities that will enhance his/her psychological, emotional
and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall
be responsible for the appearance in court of the child in conflict with the law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that
he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim
and the community in prevention strategies.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental
disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing
short-term residential care for children in conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them into their families and
communities as socially functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the
following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility
of release;
90
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner
which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall
be separated from adult offenders at all times. No child shall be detained together with adult offenders.
He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a
separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her
family through correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial
authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest,
the rights of the victim and the needs of society are all taken into consideration by the court, under the
principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is
given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of
Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time (c) Department of the Interior and Local Government (DILG);
of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act. (d) Public Attorney's Office (PAO);

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from (e) Bureau of Corrections (BUCOR);
criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in
which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
(f) Parole and Probation Administration (PPA)

The exemption from criminal liability herein established does not include exemption from civil liability,
(g) National Bureau of Investigation (NBI);
which shall be enforced in accordance with existing laws.

(h) Philippine National Police (PNP);.

SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18)
years old or older. The age of a child may be determined from the child's birth certificate, baptismal (i) Bureau of Jail Management and Penology (BJMP);
certificate or any other pertinent documents. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other persons, the physical appearance of the (i) Commission on Human Rights (CHR);
child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her
favor. (k) Technical Education and Skills Development Authority (TESDA);

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any (l) National Youth Commission (NYC); and
appropriate court may file a case in a summary proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of
(m) Other institutions focused on juvenile justice and intervention programs.
all interested parties.

The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the
designated by the concerned heads of the following departments or agencies:
person shall file a motion to determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be suspended.
(a) Department of Justice (DOJ);
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned
shall exert all efforts at determining the age of the child in conflict with the law. (b) Department of Social Welfare and Development (DSWD);

TITLE II (c) Council for the Welfare of Children (CWC)

STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
(d) Department of Education (DepEd);
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC)
is hereby created and attached to the Department of Justice and placed under its administrative (e) Department of the Interior and Local Government (DILG)
supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination among the following (f) Commission on Human Rights (CHR);
agencies:
(g) National Youth Commission (NYC); and
(a) Council for the Welfare of Children (CWC);
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other to
(b) Department of Education (DepEd); be designated by the Secretary of Social Welfare and Development.

91
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice
and the Secretary of Social Welfare and Development shall determine the organizational structure and
staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy
to ensure the realization of its mandate and the proper discharge of its duties and functions, as herein
provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the
participation of government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be
adopted in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with children for the prevention of
juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the
children in conflict with the law;
(g) To collect relevant information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare, such as but not limited to:
(1) the performance and results achieved by juvenile intervention programs and by activities of the local
government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.
92
The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.
(h) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check compliance with the standards provided herein and to
make the necessary recommendations to appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;
(j) To submit an annual report to the President on the implementation of this Act; and
(k) To perform such other functions as may be necessary to implement the provisions of this Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies
enumerated in Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity
of this Act, draft policies and procedures consistent with the standards set in the law. These policies and
procedures shall be modified accordingly in consultation with the JJWC upon the completion of the
national juvenile intervention program as provided under Section 9 (d).
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human
Rights shall ensure that the status, rights and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR shall strengthen the monitoring of
government compliance of all treaty obligations, including the timely and regular submission of reports
before the treaty bodies, as well as the implementation and dissemination of recommendations and
conclusions by government agencies as well as NGOs and civil society.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children
which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of
this Act, a child in conflict with the law shall be maintained in his/her family.
SEC. 13. The Educational System. - Educational institutions shall work together with families, community
organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and
reintegration of child in conflict with the law. Schools shall provide adequate, necessary and individualized
educational schemes for children manifesting difficult behavior and children in conflict with the law. In
cases where children in conflict with the law are taken into custody or detained in rehabilitation centers,
they should be provided the opportunity to continue learning under an alternative learning system with
basic literacy program or non- formal education accreditation equivalency system.
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of
child rights, and delinquency prevention by relaying consistent messages through a balanced approach.
Media practitioners shall, therefore, have the duty to maintain the highest critical and professional
standards in reporting and covering cases of children in conflict with the law. In all publicity concerning
children, the best interest of the child should be the primordial and paramount concern. Any undue,
inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby
declared a violation of the child's rights.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - Local
Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and
where they have already been established, they shall be strengthened within one (1) year from the
effectivity of this Act. Membership in the LCPC shall be chosen from among the responsible members of
the community, including a representative from the youth sector, as well as representatives from
government and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for
the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper
implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a
duly licensed social worker as its local social welfare and development officer tasked to assist children in
conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the
LCPC in the formulation and implementation of juvenile intervention and diversion programs in the
community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive
juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the
barangay to the provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention
programs in their annual budget.
93
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused
institutions, NGOs, people's organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and implementation of juvenile intervention
programs. Such programs shall be implemented consistent with the national program formulated and
designed by the JJWC. The implementation of the comprehensive juvenile intervention program shall be
reviewed and assessed annually by the LGUs in coordination with the LCPC. Results of the assessment
shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every
year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based
programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth
organizations and other concerned agencies. The LGUs shall provide community-based services which
respond to the special needs, problems, interests and concerns of children and which offer appropriate
counseling and guidance to them and their families. These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social justice and equal opportunity, which
tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child
taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the
child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and
development officer who will determine the appropriate programs in consultation with the child and to the
person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if
they refuse to take custody, the child may be released to any of the following: a duly registered
nongovernmental or religious organization; a barangay official or a member of the Barangay Council for
the Protection of Children (BCPC); a local social welfare and development officer; or when and where
appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and
Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents
will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by
the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603,
otherwise ,known as "The Child and Youth Welfare Code".
 TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody,
the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being
placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a
language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted and have
failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her
apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the
Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental
examination. The examination results shall be kept confidential unless otherwise ordered by the Family
Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the
same;
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(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured
in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and
medical examination or the failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's
parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the
said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and
shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's
counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child's parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but
below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the
law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the
best interest of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local
social welfare and development officer shall meet with the child and his/her parents or guardians for the
development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the
Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and
at all 1evels and phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo
conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said
system. A contract of diversion may be entered into during such conferencing, mediation or conciliation
proceedings.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program shall be developed when appropriate
and desirable as determined under Section 30. Such admission shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective
and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the
parties concerned and the appropriate authorities. The local social welfare and development officer shall
supervise the implementation of the diversion program. The diversion proceedings shall be completed
within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion
of the diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the diversion program at
least once a month for reporting and evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social
welfare and development officer, shall give the offended party the option to institute the appropriate legal
action.
The period of prescription of the offense shall be suspended during the effectivity of the diversion program,
but not exceeding a period of two (2) years.
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SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the
Punong Barangay handling the case shall, within three (3) days from determination of the absence of
jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the
records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the
case may be. Upon the issuance of the corresponding document, certifying to the fact that no agreement
has been reached by the parties, the case shall be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not
fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion,
the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case
of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records shall display the word "CHILD"
in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is appropriate
and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate
an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural
and psychological responses and services for the child. At the different stages where diversion may be
resorted to, the following diversion programs may be agreed upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense;
(8) Participation in available community-based programs, including community service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
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(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct
inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law. If there
is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall
be the duty of the prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does not
qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of the
social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the
law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's
Office of such service, as well as the personal information, and place of detention of the child in conflict
with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the start of the preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance
of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail
or recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures, such as close supervision,
intensive care or placement with a family or in an educational setting or home. Institutionalization or
detention of the child pending trial shall be used only as a measure of last resort and for the shortest
possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes established by
local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the
child resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to the care of
the DSWD or a local rehabilitation center recognized by the government in the province, city or
municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the
child's appearance in court whenever required.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which
the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless
of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the
law, the court shall determine whether or not diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age
at the time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense committed. However,
instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law
under suspended sentence, without need of application: Provided, however, That suspension of sentence
shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the court shall
impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the child whose sentence has
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been suspended and against whom disposition measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of
the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the
child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the court for execution of
judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or until the child
reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the
services of his/her sentence with the full time spent in actual commitment and detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted
and sentenced a child in conflict with the law, and upon application at any time, place the child on
probation in lieu of service of his/her sentence taking into account the best interest of the child. For this
purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is
hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children
in conflict with the law from initial contact until final disposition of the case shall be considered privileged
and confidential. The public shall be excluded during the proceedings and the records shall not be
disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence
suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability
imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of proceedings,
including non-disclosure of records to the media, maintaining a separate police blotter for cases involving
children in conflict with the law and adopting a system of coding to conceal material information which will
lead to the child's identity. Records of a child in conflict with the law shall not be used in subsequent
proceedings for cases involving the same offender as an adult, except when beneficial for the offender and
upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.
TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and
reintegration of children in conflict with the law is to provide them with interventions, approaches and
strategies that will enable them to improve their social functioning with the end goal of reintegration to their
families and as productive members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility
without a valid order issued by the court after a hearing for the purpose. The details of this order shall be
immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted
in any facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be mandatory
that children shall be separated from adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given
special attention as to their personal needs and problems. They shall be handled by female doctors,
correction officers and social workers, and shall be accommodated separately from male children in
conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle
children in conflict with the law without having undergone gender sensitivity training.
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build
youth detention homes as mandated by the Family Courts Act. Youth detention homes may also be
established by private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for the care and
maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or
those persons liable to support him/her: Provided, That in case his/her parents or those persons liable to
support him/her cannot pay all or part of said expenses, the municipality where the offense was committed
shall pay one-third (1/3) of said expenses or part thereof; the province to which the municipality belongs
shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the national government.
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Chartered cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid portion shall be withheld and
applied to the settlement of said obligations: Provided, further, That in the event that the child in conflict
with the law is not a resident of the municipality/city where the offense was committed, the court, upon its
determination, may require the city/municipality where the child in conflict with the law resides to shoulder
the cost.
All city and provincial governments must exert effort for the immediate establishment of local detention
homes for children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. -
A child
in conflict with the law may, after conviction and upon order of the court, be made to serve his/her
sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination
with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo any or a combination of disposition
measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule
on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be
released to parents, guardians, relatives or any other responsible person in the community. Under the
supervision and guidance of the local social welfare and development officer, and in coordination with
his/her parents/guardian, the child in conflict with the law shall participate in community-based programs,
which shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively participate
in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by the local social
welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available to the child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them in their families and
communities as socially functioning individuals. A quarterly report shall be submitted by the center to the
proper court on the progress of the children in conflict with the law. Based on the progress of the youth in
the center, a final report will be forwarded to the court for final disposition of the case. The DSWD shall
establish youth rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-based programs
are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case
he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the
support system fostered by their relationship and to create greater awareness of their mutual and
reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based
programs that will focus on the rehabilitation and reintegration of the child. All programs shall meet the
criteria to be established by the JJWC which shall take into account the purpose of the program, the need
for the consent of the child and his/her parents or legal guardians, and the participation of the
child-centered agencies whether public or private.
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SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict with
the law whose cases have been dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall
be provided after-care services by the local social welfare and development officer for a period of at least
six (6) months. The service includes counseling and other community-based services designed to facilitate
social reintegration, prevent re-offending and make the children productive members of the community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an
adult shall not be considered an offense and shall not be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised
Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of
the Child: Provided, That said persons shall undergo appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal
Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act
of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in
conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning
from the initial contact with the child, the competent authorities must refrain from branding or labeling
children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other
derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with
respect to the child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered prejudicial
and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being
of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring
irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing
him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person who
violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon
conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos
(P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than
eight (8) years but not more than ten (10) years, or both such fine and imprisonment at the discretion of the
court, unless a higher penalty is provided for in the Revised Penal Code or special laws. If the offender is a
public officer or employee, he/she shall, in addition to such fine and/or imprisonment, be held
administratively liable and shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall
be charged to the Office of the President. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be
taken from the proceeds of the Philippine Charity Sweepstakes Office.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this
Act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall
immediately be dismissed and the child shall be referred to the appropriate local social welfare and
development officer. Such officer, upon thorough assessment of the child, shall determine whether to
release the child to the custody of his/her parents, or refer the child to prevention programs as provided
under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation
center shall likewise be released, unless it is contrary to the best interest of the child.
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SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family Court shall
also determine whether or not continued detention is necessary and, if not, determine appropriate
alternatives for detention.
If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer
of the child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The PNP, the
BJMP and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the
effectivity of this Act, an inventory of all children in conflict with the law under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court
Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and court proceedings,
the appropriate diversion authority in consultation with the local social welfare and development officer or
the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme
Court, as the case may be, shall determine the appropriate disposition. In case the appropriate court
executes the judgment of conviction, and unless the child in conflict the law has already availed of
probation under Presidential Decree No. 603 or other similar laws, the child may apply for probation if
qualified under the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been
convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of
eighteen (18) years at the time the commission of the offense for which they were convicted and are
serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled to
appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. They
shall be immediately released if they are so qualified under this Act or other applicable law.
TITLE IX
FINAL PROVISIONS
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of
this act within ninety (90) days from the effectivity thereof.
SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not dfected by
such declaration shall remain in force and effect.
SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two (2)
national newspapers of general circulation.

REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.
Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications
industries such as content production, telecommunications, broadcasting electronic commerce, and data
processing, in the nation’s overall social and economic development. The State also recognizes the
importance of providing an environment conducive to the development, acceleration, and rational
application and exploitation of information and communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the
integrity of computer, computer and communications systems, networks, and databases, and the
confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse,
abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the
State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their
detection, investigation, and prosecution at both the domestic and international levels, and by providing
arrangements for fast and reliable international cooperation.
Section 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as
follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise
making use of any resources of a computer system or communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or
program.
(c) Communication refers to the transmission of information through ICT media, including voice, video and
other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or
storage functions and which includes any storage facility or equipment or communications facility or
equipment directly related to or operating in conjunction with such device. It covers any type of computer
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device including devices with data processing capabilities like mobile phones, smart phones, computer
networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for
processing in a computer system including a program suitable to cause a computer system to perform a
function and includes electronic documents and/or electronic data messages whether stored in local
computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one or more of
which, pursuant to a program, performs automated processing of data. It covers any type of device with
data processing capabilities including, but not limited to, computers and mobile phones. The device
consisting of hardware and software may include input, output and storage components which may stand
alone or be connected in a network or other similar devices. It also includes computer data storage devices
or media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not
covered by established legal defenses, excuses, court orders, justifications, or relevant principles under
the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual,
and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity
or destruction of or interference with such system and assets would have a debilitating impact on security,
national or economic security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training,
best practices, assurance and technologies that can be used to protect the cyber environment and
organization and user’s assets.
(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are
being prepared, processed or stored or have been prepared, processed or stored in a formalized manner
and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through access and use of a
computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same
time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to communicate by means of a
computer system; and
(2) Any other entity that processes or stores computer data on behalf of such communication service or
users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or any other
form that is held by a service provider, relating to subscribers of its services other than traffic or content
data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of
service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any
assigned network address, billing and payment information, available on the basis of the service
agreement or arrangement; and
(3) Any other available information on the site of the installation of communication equipment, available on
the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination, route, time, date, size,
duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable
under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic emissions
from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data message, without right, including the introduction
or transmission of viruses.
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(4) System Interference. — The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or program, electronic document, or electronic data message,
without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without
right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing
any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer
system is capable of being accessed with intent that it be used for the purpose of committing any of the
offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said
devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal
name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the
intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or
not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program
or interference in the functioning of a computer system, causing damage thereby with fraudulent
intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical, without
right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any
lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or
consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That
the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No.
9775.1âwphi1
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic
communication with the use of computer system which seek to advertise, sell, or offer for sale products
and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from the
sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient
to reject. receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic
message; and
(cc) The commercial electronic communication does not purposely include misleading information in any
part of the message in order to induce the recipients to read the message.
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(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any other similar means which may be devised in the
future.
Section 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if
committed by, through and with the use of information and communications technologies shall be covered
by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may
be.
Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
CHAPTER III
PENALTIES
Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a)
and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or
both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of
prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion
temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be
punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be
punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act of
2009″: Provided,That the penalty to be imposed shall be one (1) degree higher than that provided for in
Republic Act No. 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with
imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding
Two hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with
imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least
One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos
(PhP500,000.00) or both.
Section 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually
or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of
representation of the juridical person provided the act committed falls within the scope of such authority; (b)
an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls
within the scope of such authority; or (c) an authority to exercise control within the juridical person, the
juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7
up to a maximum of Ten million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due to the lack of
supervision or control by a natural person referred to and described in the preceding paragraph, for the
benefit of that juridical person by a natural person acting under its authority, the juridical person shall be
held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five
million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural
person who has committed the offense.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the
provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special
investigators to exclusively handle cases involving violations of this Act.
Section 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime
and its prevention is given focus and considering the procedures involved for international cooperation, law
enforcement authorities specifically the computer or technology crime divisions or units responsible for the
investigation of cybercrimes are required to submit timely and regular reports including pre-operation,
post-operation and investigation results and such other documents as may be required to the Department
of Justice (DOJ) for review and monitoring.
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Section 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be
authorized to collect or record by technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of
underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or
recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon written application and
the examination under oath or affirmation of the applicant and the witnesses he may produce and the
showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove
has been committed, or is being committed, or is about to be committed: (2) that there are reasonable
grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily
available for obtaining such evidence.
Section 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information
relating to communication services provided by a service provider shall be preserved for a minimum period
of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6)
months from the date of receipt of the order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That
once computer data preserved, transmitted or stored by a service provider is used as evidence in a case,
the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor
shall be deemed a notification to preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and its
compliance.
Section 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant,
shall issue an order requiring any person or service provider to disclose or submit subscriber’s information,
traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the
order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is
necessary and relevant for the purpose of investigation.
Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant
is properly issued, the law enforcement authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and
communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the
functioning of the computer system and the measures to protect and preserve the computer data therein to
provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and
examination.
Law enforcement authorities may request for an extension of time to complete the examination of the
computer data storage medium and to make a return thereon but in no case for a period longer than thirty
(30) days from date of approval by the court.
Section 16. Custody of Computer Data. — All computer data, including content and traffic data, examined
under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be
deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law
enforcement authority executing it stating the dates and times covered by the examination, and the law
enforcement authority who may access the deposit, among other relevant data. The law enforcement
authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or
if made, that all such duplicates or copies are included in the package deposited with the court. The
package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then
contents revealed, except upon order of the court, which shall not be granted except upon motion, with due
notice and opportunity to be heard to the person or persons whose conversation or communications have
been recorded.
Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13
and 15, service providers and law enforcement authorities, as the case may be, shall immediately and
completely destroy the computer data subject of a preservation and examination.
Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority
of the same shall be inadmissible for any proceeding before any court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie
found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access
to such computer data.
105
Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the
orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829
with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos
(Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement
authorities.
CHAPTER V
JURISDICTION
Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the
provisions of this Act. including any violation committed by a Filipino national regardless of the place of
commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed
with the use of any computer system wholly or partly situated in the country, or when by such commission
any damage is caused to a natural or juridical person who, at the time the offense was committed, was in
the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle
cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International Cooperation. — All relevant international
instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform
or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations
or proceedings concerning criminal offenses related to computer systems and data, or for the collection of
evidence in electronic form of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the
DOJ designated as the central authority in all matters related to international mutual assistance and
extradition.
Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty
(30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation
and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for
policy coordination among concerned agencies and for the formulation and enforcement of the national
cybersecurity plan.
Section 25. Composition. — The CICC shall be headed by the Executive Director of the Information and
Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as
Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ
Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The
CICC shall be manned by a secretariat of selected existing personnel and representatives from the
different participating agencies.1âwphi1
Section 26. Powers and Functions. — The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of
real-time commission of cybercrime offenses through a computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress
cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution
agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and capacity building
related to cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local government units and
nongovernment organizations in cybercrime prevention programs and other related projects;
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s
mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity
building and such other functions and duties as may be necessary for the proper implementation of this
Act.
CHAPTER VIII
FINAL PROVISIONS
Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be
appropriated annually for the implementation of this Act.
Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of
the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within
ninety (90) days from approval of this Act, for its effective implementation.
Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not
affected shall remain in full force and effect.
106
Section 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed
or modified accordingly. Section 33(a) of Republic Act No. 8792 or the "Electronic Commerce Act" is
hereby modified accordingly.
Section 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.–
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumbmarked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, or by any national
non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed, without prejudice to
the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave
or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised
Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent
and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than
107
ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of
such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs,
at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less
than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over
any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.
Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.
REPUBLIC ACT NO. 10158 March 27, 2012
AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
"Article 202. Prostitutes; Penalty. – For the purposes of this article, women who, for
money or profit, habitually indulge in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this article shall be punished
by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism,
by arresto mayor in its medium period to prision correctional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court."
Section 2. Effect on Pending Cases. – All pending cases under the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its amendment by this Act shall be dismissed upon effectivity of
this Act.
Section 3. Immediate Release of Convicted Persons. – All persons serving sentence for violation of the
provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this Act shall
be immediately released upon effectivity of this Act: Provided, That they are not serving sentence or
detained for any other offense or felony.
Section 4. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations and
other issuances, or any part thereof, inconsistent with this Act are hereby repealed, modified or amended
accordingly.
Section 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGIIT WORKERS, THEREBY REPEALING ARTICLES
130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 130 of the Labor Code is hereby repealed.
Section 2. Article 131 of the Labor Code is hereby repealed.
Section 3. The subsequent articles in Book Three, Title III, Chapter I to Chapter IV of Presidential Decree
No. 442 are hereby renumbered accordingly.
Section 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to
read as follows:
"Chapter V
"Employment of Night Workers
"Article 154. Coverage. - This chapter' shall apply to all persons, who shall be employed or permitted or
suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport
and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval
from midnight to five o'clock in the morning, to be determined by the Secretary of Labor and Employment,
after consulting the workers' representatives/labor organizations and employers.
108
"'Night worker' means any employed person whose work requires performance of a substantial number of
hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after
consulting the workers' representatives/labor organizations and employers."
"Article 155. Health Assessment. - At their request, workers shall have the right to undergo a health
assessment without charge and to receive advice on how to reduce or avoid health problems associated
with their work:
"(a) Before taking up an assignment as a night worker;
"(b) At regular intervals during such an assignment; and
"(c) If they experience health problems during such, an assignment which are not caused by factors other
than the performance of night work.
"With the exception of a finding of unfitness for night work, the findings of such assessments shall not be
transmitted to others without the workers' consent and shall not be used to their detriment."
"Article 156. Mandatory Facilities. - Suitable first·aid facilities shall be made available for workers
performing night work, including arrangements where such workers, where necessary, can be taken
immediately to a place for appropriate treatment. The employers are likewise required to provide safe and
healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in
the establishment and transportation from the work premises to the nearest point of their residence subject
to exceptions and guidelines to be provided by the DOLE."
"Article 157. Transfer. - Night workers who are certified as unfit for night work, due to health reasons, shall
be transferred, whenever practicable, to a similar job for which they are fit to work.
"If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as
other workers who are unable to work, or to secure employment during such period.
"A night worker certified as temporarily unfit for night work shall be given the same protection against
dismissal or notice of dismissal as other workers who are prevented from working for reasons of health."
"Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to night work
is available to women workers who would otherwise be called upon to perform such work:
"(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between
the time before and after childbirth;
"(b) For additional periods, in respect of winch a medical certificate IS produced stating that said additional
periods are necessary for the health of the mother or child:
"(1) During pregnancy;
"(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above,
the length of which shall be determined by the DOLE after consulting the labor organizations and
employers.
"During the periods referred to in this article:
"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized
causes provided for in this Code that are not connected with pregnancy, childbirth and childcare
responsibilities.
"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion
which may attach to her regular night work position.
"Pregnant women and nursing mothers may be allowed to work .at night only if a competent physician,
other than the company physician, shall certify their fitness to render night work, and specify, in the case of
pregnant employees, the period of the pregnancy that they can safely work.
"The measures referred to in this article may include transfer to day work where this is possible, the
provision of social security benefits or an extension of maternity leave.
"The provisions of this article shall not leave the effect of reducing the protection and benefits connected
with maternity leave under existing laws."
"Article 159. Compensation. The compensation for night workers in the form of working time, pay or
similar benefits shall recognize the exceptional nature of night work."
"Article 160. Social Services. - Appropriate social services shall be provided for night workers and, where
necessary, for workers performing night work."
"Article 161. Night Work Schedules. - Before introducing work schedules requiring the services of night
workers, the employer shall consult the workers' representatives/labor organizations concerned on the
details of such schedules and the forms of organization of night work that are best adapted to the
establishment and its personnel, as well as on the occupational health measures and social services which
are required. In establishments employing night workers, consultation shall take place regularly."
Section 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No.
442 are hereby renumbered accordingly.
Section 6. Application. - The measures referred to in this chapter shall be applied not later than six (6)
months from the effectivity of this Act.
109
Section 7. Guidelines. - The DOLE shall promulgate appropriate regulations in addition to existing ones to
ensure protection, safety and welfare of night workers.
Section 8. Penalties. - Any violation of this Act, and the rules and regulations issued pursuant hereof shall
be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand
pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court.
If the offense is committed by a corporation, trust, firm, partnership at association, or other entity, the
penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or
association, or entity.
Section 9. Separability Clause. - If any portion of this Act is declared unconstitutional, the same shall not
affect the validity and effectivity of the other provisions not affected thereby.
Section 10. Repealing Clause. - All laws, acts, decrees, executive orders, rules and regulations or other
issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed.
Section 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its publication in
two (2) national newspapers of general circulation.
REPUBLIC ACT No. 10152
AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND
CHILDREN, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE No. 996, AS AMENDED.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Mandatory Infants and Children Health Immunization
Act of 2011".
Section 2. Declaration of Policy. - In accordance with Article II, Section 15 of the Constitution, It is hereby
declared to be the policy of the State to take a proactive role in the preventive health care of infants and
children. Towards this end, the State shall adopt a comprehensive, mandatory and sustainable
immunization program for vaccine-preventable diseases for all infants and children.
Section 3. Coverage. - The mandatory basic immunization for all infants and children provided under this
Act shall cover the following vaccine-preventable diseases:
(a) Tuberculosis;
(b) Diphtheria, tetanus and pertussis;
(c) Poliomyelitis;
(d) Measles;
(e) Mumps;
(f) Rubella or German measles;
(g) Hepatitis-B;
(h) H. Influenza type B (HIB); and
(i) Such other types as may be determined by the Secretary of Health in a department circular.
The mandatory basic immunization shall be given for free at any government hospital or health center to
infants and children up to five (5) years of age.
Hepatitis-B vaccine shall be administered by any duly licensed physician, nurse or midwife to all infants
born in hospitals, health infirmaries, health centers or lying-in centers with obstetrical and pediatric
services, whether public or private, within twenty-four (24) hours after birth: Provided, however, That in
cases of infants born in places other than the above, any duly licensed physician, nurse or midwife who
delivers, or assists in the delivery of the newborn shall be responsible for administering the vaccine to the
latter: Provided, further, That for deliveries assisted by persons other than the health professionals
mentioned above, the infant should be brought to any available health are facility so as to be immunized
against Hepatitis-B within twenty-four (24) hours after birth but not later than seven (7) days: Provided,
finally, That subsequent doses of Hepatitis-B vaccination shall be completed according to the
recommended schedule of Hepatitis-B immunization, as may be provided in the implementing rules and
regulations to be issued by the Department of Health (DOH).
Section 4. Education and Information Campaign. – All health care practitioners or health care workers
who are administering prenatal care shall educate all pregnant mothers on the importance of giving their
infants the basic immunization services as well as any possible effects of immunization.
The DOH, other government agencies, nongovernment organizations, professional and academic
societies, and local government unite shall make available appropriate information materials and shall
have a system of its distribution to the public.
Section 5. Obligation to Inform. - Any physician, nurse, midwife, nursing aide or skilled birth attendant,
who delivers, or assists in the delivery of, a newborn shall, prior to delivery, inform parents or legal
guardian of the newborn of the availability, nature and benefits of Immunization against Hepatitis-B and
other vaccine-preventable diseases at birth.
Section 6. Continuing Education and Training of Health Personnel. - The DOH, with the assistance of
local government units, academe, professional societies and nongovernmental organizations, shall
undertake continuing information, education and training programs for all health personnel on the rationale
110
and benefits of as well as modern procedures for immunization of infants and children against
vaccine-preventable diseases.
Section 7. Appropriations. - The amount necessary to carry out the implementation of this Act shall be
charged against the current year's appropriations for expanded program on immunization of the DOH.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included
in the annual General Appropriations Act.
The Philippine Health Insurance Corporation (PHIC) shall include the basic immunization services in its
benefit package.
Section 8. Implementing Rules and Regulations. – The DOH, in consultation with the National
Immunization Committee, shall issue the implementing rules and regulations within ninety (90) days after
the approval of this Act.
Section 9. Separability Clause. - If, for any reason, any part or provision of this Act shall be declared
unconstitutional or invalid, the remaining provisions hereof which are not affected thereby shall continue to
be in full force and effect.
Section 10. Repealing Clause. - All laws, decrees, executive orders, rules and regulations or parts thereof
which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
Section 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 10157
AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION
SYSTEM AND APPROPRIATING FUNDS THEREFOR
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 "Kindergarten Education Act".
Section 2. Declaration of Policy. - In consonance with the Millennium Development Goals on achieving
Education for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide equal
opportunities for all children to avail of accessible mandatory and compulsory kindergarten education that
effectively promotes physical, social, intellectual, emotional and skills stimulation and values formation to
sufficiently prepare them for formal elementary schooling. This Act shall apply to elementary school
system being the first stage of compulsory and mandatory formal education. Thus, kindergarten will now
be an integral part of the basic education system of the country.
Kindergarten education is vital to the academic and technical development of the Filipino child for it is the
period when the young mind's absorptive capacity for learning is at its sharpest. It is also the policy of the
State to make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the
circumstances and diversity of learners, schools and communities through the appropriate languages of
teaching and learning.
Section 3. Definition of Terms. - The terms used in this Act are defined as follows:
(a) DepEd shall refer to the Department of Education;
(b) BEE shall refer to the Bureau of Elementary Education;
(c) Kindergarten education shall be understood in this Act to mean one (1) year of preparatory education
for children at least five (5) years old as a prerequisite for Grade I; and
(d) Mother tongue refers to the language first learned by a child.
as defined in Section 7(c) which aims to introduce and eventually strengthen the child's understanding of
English, which is the official language.
Section 6. Implementing Agency. - The authority to regulate the organization, operation and/or
implementation of the kindergarten education program of both public and private schools shall be vested
upon the DepEd, through the creation of a new Division under the BEE and other necessary support to
achieve successful implementation of kindergarten education to include, but not limited to, increasing the
number of kindergarten teacher positions with the required salaries and benefits, enhancing teacher
training in early education, and providing the necessary allocations for classrooms and chairs, facilities and
equipment, and textbooks.1avvphi1
Section 7. Duties, Powers and Functions. - The DepEd, through the BEE, shall exercise the following
powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the kindergarten education
program;

(b) Develop the curriculum for kindergarten education consistent with the universally accepted norms and
Section 4. Institutionalization of Kindergarten Education. - Kindergarten education is hereby
standards, including values formation all of which shall be developmentally appropriate, and use of the
institutionalized as part of basic education and for school year 2011-2012 shall be implemented partially,
MTB-MLE as a medium of instruction and to periodically review such for purposes of upgrading;
and thereafter, it shall be made mandatory and compulsory for entrance to Grade 1.

(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not
Section 5. Medium of Instruction. - The State shall hereby adopt the mother tongue-based multilingual
limited to, the following:
education (MTB-MLE) method. The mother tongue of the learner shall be the primary medium of
instruction for teaching and learning in the kindergarten level. However, exceptions shall be made to the
following cases: (1) The two-track method (storytelling and reading, listening story, oral communication activities);

(a) When the pupils in the kindergarten classroom have different mother tongues or when some of them (2) Interactive strategies;
speak another mother tongue;
(3) Use of manipulative games; and
(b) When the teacher does not speak the mother tongue of the learners;
(4) Experiential, small group discussions and total physical response (TPR) among others.
(c) When resources, in line with the use of the mother tongue, are not yet available; and
The learning development materials shall consist of the following at the minimum:
(d) When teachers are not yet trained how to use the MTB-MLE program.
(i) Listening story;
In such exceptional cases, the primary medium of instruction shall be determined by the DepEd aligned
with the framework being used in the elementary level including teacher training and production of local (ii) Small books;
resources and materials under DepEd Order No. 74, series of 2009.
(iii) Big books;
The DepEd, in coordination with the Commission on Filipino Language and in close collaboration with
academic and research institutions concerned with education, shall formulate a mother tongue-based (iv) Experience story;
multilingual framework for teaching and learning: Provided, That the DepEd will include teaching strategies

111
(v) Primer lessons; and
(vi) Lessons exemplars;
(a) Conceive, develop and extend a continuing professional development program for kindergarten
teachers to ensure constant updating of their knowledge in current trends, pedagogy, methodologies and
concepts on early childhood education;
(b) Prescribe the necessary qualifications for the hiring and accreditation of teachers who will handle the
kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d) Supervise the establishment of various venues for early childhood education which may be
institution-based, home-based, hospital-based or community-based, and which shall be duly accredited by
the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational technologies, whenever
applicable.
Section 8. Appropriations. - The DepEd shall immediately include in the program of the Department the
operationalization of the free, mandatory and compulsory public kindergarten education, the initial funding
of which shall be charged against the current appropriations for kindergarten education of the DepEd.
Thereafter, such sums which shall be necessary for the continued implementation of the free public
kindergarten education program shall be charged to the General Fund and included in the annual General
Appropriations Act.
Section 9. Implementing Rules and Regulations. - Within ninety (90) days after the effectivity of this Act,
the DepEd, in consultation with the Department of Budget and Management, shall promulgate the rules
and regulations needed for the implementation of this Act.
Section 10. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.
Section 11. Repealing Clause. - Pertinent provisions of all other laws, decrees, executive orders and rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general circulation.
REPUBLIC ACT No. 10022
112
AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS
AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED, FURTHER IMPROVING THE STANDARD
OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES
AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as amended, otherwise
known as the "Migrant Workers and Overseas Filipinos Act of 1995," is hereby amended to read as
follows:
"(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to self-determination
paramount in its relations with other states, the State shall, at all times, uphold the
dignity of its citizens whether in country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international conventions, adopt/be
signatory to and ratify those that guarantee protection to our migrant workers, and
endeavor to enter into bilateral agreements with countries hosting overseas Filipino
workers."
"(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty. In this regard, it is imperative
that an effective mechanism be instituted to ensure that the rights and interest of
distressed overseas Filipinos, in general, and Filipino migrant workers, in particular,
whether regular/documented or irregular/undocumented, are adequately protected and
safeguarded."
"(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall provide them free and
accessible skills development and enhancement programs. Pursuant to this and as
soon as practicable, the government shall deploy and/or allow the deployment only of
skilled Filipino workers."
"(h) The State recognizes non-governmental organizations, trade unions, workers
associations, stakeholders and their similar entities duly recognized as legitimate, are
partners of the State in the protection of Filipino migrant workers and in the promotion of
their welfare. The State shall cooperate with them in a spirit of trust and mutual respect.
The significant contribution of recruitment and manning agencies shall from part this
partnership."
Section 2. Section 3, paragraph (a) of Republic Act No. 8042, as amended, is hereby amended to read as
follows:
 "(a) "Overseas Filipino worker" refers to a person who is to be engaged, is engaged or
has been engaged in a remunerated activity in a state of which he or she is not a citizen
or on board a vessel navigating the foreign seas other than a government ship used for
miliatry or non-commercial purposes or on an installation located offshore or on the high
seas; to be used interchangeably with migrant worker."
Section 3. Section 4 of Republic Act No. 8042, as amended, is hereby amended to rerad as follows:
"SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment of
overseas Filipino workers only in countries where the rights of Filipino migrant workers
are protected. The government recognizes any of the following as a guarantee on the
part of the receiving country for the protection of the rights of overseas Filipino workers:
"(a) It has existing labor and social laws protecting the rights of workers, including
migrant workers;
"(b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or
resolutions relating to the protection of workers, including migrant workers; and
"(c) It has concluded a bilateral agreement or arrangement with the government on the
protection of the rights of overseas Filipino Workers:
Provided, That the receiving country is taking positive, concrete measures to protect the
rights of migrant workers in furtherance of any of the guarantees under subparagraphs
(a), (b) and (c) hereof.
"In the absence of a clear showing that any of the aforementioned guarantees exists in
the country of destination of the migrant workers, no permit for deployment shall be
issued by the Philippine Overseas Employment Administration (POEA).
"The members of the POEA Governing Board who actually voted in favor of an order
allowing the deployment of migrant workers without any of the aforementioned
guarantees shall suffer the penalties of removal or dismissal from service with
disqualification to hold any appointive public office for five (5) years, Further, the
government official or employee responsible for the issuance of the permit or for
allowing the deployment of migrant workers in violation of this section and in direct
contravention of an order by the POEA Governing Board prohibiting deployment shall be
meted the same penalties in this section.
"For this purpose, the Department of Foreign Affairs, through its foreign posts, shall
issue a certification to the POEA, specifying therein the pertinent provisions of the
receiving country's labor/social law, or the convention/declaration/resolution, or the
bilateral agreement/arrangement which protect the rights of migrant workers.
113
"The State shall also allow the deployment of overseas Filipino workers to vessels
navigating the foreign seas or to installations located offshore or on high seas whose
owners/employers are compliant with international laws and standards that protect the
rights of migrant workers.
"The State shall likewise allow the deployment of overseas Filipino workers to
companies and contractors with international operations: Provided, That they are
compliant with standards, conditions and requirements, as embodied in the employment
contracts prescribed by the POEA and in accordance with internationally-accepted
standards."
Section 4. Section 5 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 5. Termination or Ban on Deployment. - Notwithstanding the provisions of Section
4 hereof, in pursuit of the national interest or when public welfare so requires, the POEA
Governing Board, after consultation with the Department of Foreign Affairs, may, at any
time, terminate or impose a ban on the deployment of migrant workers."
Section 5. Section 6 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and
includes referring, contract services, promising or advertising for employment abroad, whether
for profit or not, when undertaken by non-licensee or non-holder of authority contemplated
under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor
Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment abroad to two or more persons shall be
deemed so engaged. It shall likewise include the following acts, whether committed by any
person, whether a non-licensee, non-holder, licensee or holder of authority:
"(a) To charge or accept directly or indirectly any amount greater than that specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a
worker pay or acknowledge any amount greater than that actually received by him as a loan or
advance;
"(b) To furnish or publish any false notice or information or document in relation to recruitment
or employment;
"(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code, or
for the purpose of documenting hired workers with the POEA, which include the act of
reprocessing workers through a job order that pertains to nonexistent work, work different from
the actual overseas work, or work with a different employer whether registered or not with the
POEA;
 "(d) To include or attempt to induce a worker already employed to quit his employment in
order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment;
"(e) To influence or attempt to influence any person or entity not to employ any worker who
has not applied for employment through his agency or who has formed, joined or supported,
or has contacted or is supported by any union or workers' organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies, remittance
of foreign exchange earnings, separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing thereof
by the parties up to and including the period of the expiration of the same without the
approval of the Department of Labor and Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged directly
or indirectly in the management of travel agency;
"(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations, or for any other reasons, other than those authorized
under the Labor Code and its implementing rules and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as determined by the
Department of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the deployment
does not actually take place without the worker's fault. Illegal recruitment when committed by
a syndicate or in large scale shall be considered an offense involving economic sabotage;
and
"(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large
scale if committed against three (3) or more persons individually or as a group.
114
"In addition to the acts enumerated above, it shall also be unlawful for any person or entity to
commit the following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per
annum, which will be used for payment of legal and allowable placement fees and make the
migrant worker issue, either personally or through a guarantor or accommodation party,
postdated checks in relation to the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to avail of a loan only from specifically designated institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the
latter's employment contract has been prematurely terminated through no fault of his or her
own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo health examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer whose medical examination
cost is shouldered by the principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is
required to undergo training, seminar, instruction or schooling of any kind only from specifically
designated institutions, entities or persons, except fpr recommendatory trainings mandated by
principals/shipowners where the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of recruitment
activity including the processing of pending workers' applications; and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass on the
overseas Filipino worker or deduct from his or her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided under the
compulsory worker's insurance coverage.
"The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for the commission of
the offense and the responsible employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this
section, the Secretary of Labor and Employment, the POEA Administrator or their duly
authorized representatives, or any aggrieved person may initiate the corresponding
criminal action with the appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the Department of Labor and Employment,
 POEA and other law enforcement agencies who witnessed the acts constituting the
offense shall be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of
the Department of Justice shall collaborate with the anti-illegal recruitment branch of the
POEA and, in certain cases, allow the POEA lawyers to take the lead in the prosecution.
The POEA lawyers who act as prosecutors in such cases shall be entitled to receive
additional allowances as may be determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing
of cases punishable under other existing laws, rules or regulations."1avvphi1
Section 6. Section 7 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 7. Penalties. -
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than twelve (12) years and one (1) day but not more than
twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) nor
more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as defined therein.
"Provided, however, That the maximum penalty shall be imposed if the person illegally
recruited is less than eighteen (18) years of age or committed by a non-licensee or
non-holder of authority.
"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more
than One million pesos (P1,000,000.00).
"If the offender is an alien, he or she shall, in addition to the penalties herein prescribed,
be deported without further proceedings.
"In every case, conviction shall cause and carry the automatic revocation of the license
or registration of the recruitment/manning agency, lending institutions, training school or
medical clinic."
Section 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
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"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the original and
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the
complaint, the claims arising out of an employer-employee relationship or by virtue of any law
or contract involving Filipino workers for overseas deployment including claims for actual,
moral, exemplary and other forms of damage. Consistent with this mandate, the NLRC shall
endeavor to update and keep abreast with the developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency for any and all
claims under this section shall be joint and several. This provision shall be incorporated in the
contract for overseas employment and shall be a condition precedent for its approval. The
performance bond to de filed by the recruitment/placement agency, as provided by law, shall
be answerable for all money claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate officers and directors and
partners as the case may be, shall themselves be jointly and solidarily liable with the
corporation or partnership for the aforesaid claims and damages.
"Such liabilities shall continue during the entire period or duration of the employment contract
and shall not be affected by any substitution, amendment or modification made locally or in a
foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money claims inclusive of
damages under this section shall be paid within thirty (30) days from approval of the settlement
by the appropriate authority.
"In case of termination of overseas employment without just, valid or authorized cause as
defined by law or contract, or any unauthorized deductions from the migrant worker's salary,
the worker shall be entitled to the full reimbursement if his placement fee and the deductions
made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired
portion of his employment contract or for three (3) months for every year of the unexpired term,
whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it shall be
automatically disqualified, without further proceedings, from participating in the Philippine
Overseas Employment Program and from recruiting and hiring Filipino workers until and unless
it fully satisfies the judgement award.
"Noncompliance with the mandatory periods for resolutions of case provided under this section
shall subject the responsible officials to any or all of the following penalties:
"(a) The salary of any such official who fails to render his decision or resolution within the
prescribed period shall be, or caused to be, withheld until the said official complies therewith;
"(b) Suspension for not more than ninety (90) days; or
 "(c) Dismissal from the service with disqualification to hold any appointive public office for five
(5) years.
"Provided, however, That the penalties herein provided shall be without prejudice to any
liability which any such official may have incured under other existing laws or rules and
regulations as a consequence of violating the provisions of this paragraph."
Section 8. The first paragraph of Section 13 of Republic Act No. 8042, as amended is hereby amended to
read as follows:
"SEC. 13. Free Legal Assistance; Preferential Entitlement Under the Witness Protection
Program. - A mechanism for free legal assistance for victims of illegal recruitment shall
be established in the anti-illegal recruitment branch of the POEA including its regional
offices. Such mechanism shall include coordination and cooperation with the
Department of Justice, the Integrated Bar of the Philippines, and other
non-governmental organizations and volunteer groups."
Section 9. Section 16 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or
being informed of the presence of migrant workers whose ages fall below the minimum
age requirement for overseas deployment, the responsible officers in the foreign service
shall without delay repatriate said workers and advise the Department of Foreign Affairs
through the fastest means of communication available of such discovery and other
relevant information. The license of a recruitment/manning agency which recruited or
deployed an underage migrant worker shall be automatically revoked and shall be
imposed a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not
more than One million pesos (Php 1,000,000.00). All fees pertinent to the processing of
papers or documents in the recruitment or deployment shall be refunded in full by the
responsible recruitment/manning agency, without need of notice, to the underage
migrant worker or to his parents or guardian. The refund shall be independent of and in
addition to the indemnification for the damages sustained by the underage migrant
worker. The refund shall be paid within thirty (30) days from the date of the mandatory
repatriation as provided for in this Act."
Section 10. Section 17 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 17. Establishment of National Reintegration Center for Overseas Filipino
Workers. -A national reintegration center for overseas Filipino workers (NRCO) is
hereby created in the Department of Labor and Employment for returning Filipino
migrant workers which shall provide a mechanism for their reintegration into the
Philippine society, serve as a promotion house for their local employment, and tap their
skills and potentials for national development.
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"The Department of Labor and Employment, the Overseas Workers Welfare
Administration (OWWA), and the Philippine Overseas Employment Administration
(POEA) shall, within ninety (90) days from the effectivity of this Act, formulate a program
that would motivate migrant workers to plan for productive options such as entry into
highly technical jobs or undertakings, livelihood and entrepreneurial development, better
wage employment, and investment of savings.
"For this purpose, the Technical Education and Skills Development Authority (TESDA),
the Technology Livelihood Resource Center (TLRC), and other government agencies
involved in training and livelihood development shall give priority to returnees who had
been employed as domestic helpers and entertainers."
Section 11. Section 18 of Republic Act No. 8042, as amended is hereby amended to read as follows:
"SEC. 18. Functions of the National Reintegration Center for Overseas Filipino
Workers. -The Center shall provide the following services:
"(a) Develop and support programs and projects for livelihood, entrepreneurship, savings,
investments and financial literacy for returning Filipino migrant workers and their families in
coordination with relevant stakeholders, service providers and international organizations;
"(b) Coordinate with appropriate stakeholders, service providers and relevant international
organizations for the promotion, development and the full utilization of overseas Filipino
worker returnees and their potentials;
"(c) Institute, in cooperation with other government agencies concerned, a computer-based
information system on returning Filipino migrant workers shall be accessible to all local
recruitment agencies and employers, both public and private;
"(d) Proved a periodic study and assessment of job opportunities for returning Filipino
migrant workers;
"(e) Develop and implement other appropriate programs to promote the welfare of returning
Filipino migrant workers;
"(f) Maintain an internet-based communication system for on-line registration and
interaction with clients, and maintain and upgrade computer-based service capabilities
of the NRCO;
"(g) Develop capacity-building programs for returning overseas Filipino workers and
their families, implementers, service providers, and stakeholders; and
"(h) Conduct research for policy recommendations and program development."
Section 12. The second paragraph of Section 19 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"The establishment and operations of the Center shall be a joint undertaking of the various
government agencies. The Center shall be open for twenty-four (24) hours daily including
Saturdays, Sundays and holidays, and shall be staffed by Foreign Service personnel,
service attaches or officers who represent other Philippine government agencies abroad and,
if available, individual volunteers and bona fide non-government organizations from the host
countries. In countries categorized as highly problematic by the Department of Foreign
Affairs and the Department of Labor and Employment and where there is a concentration of
Filipino migrant workers, the government must provide a Sharia or human rights lawyer, a
psychologist and a social worker for the Center. In addition to these personnel, the
government must also hire within the receiving country, in such number as may be needed
by the post, public relation officers or case officers who are conversant, orally and in writing,
with the local language, laws, customs and practices. The Labor Attache shall coordinate
the operation of the Center and shall keep the Chief of Mission informed and updated on all
matters affecting it."
Section 13. Section 20 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 20. Establishment of a Shared Government Information System for Migration. - An
interagency committee composed of the Department of Foreign Affairs and its attached agency,
the Commission on Filipinos Overseas, the Department of Labor and Employment and its
attached concerned agencies, the Department of Tourism, the Department of Justice the
Bureau of Immigration, the National Bureau of Investigation, the Department of the Interior and
Local Government, the National Telecommunications Commission, the Commission on
Information and Communications Technology, the National Computer Center, the National
Statistical and Coordination Board, the National Statistics Office and other government
agencies concerned with overseas employment shall be established to implement a shared
government information system for migration. The interagency committee shall initially make
available to itself the information contained in existing data bases/files. The second phase shall
involve linkaging of computer facilities on order to allow free-flow data exchanges and sharing
among concerned agencies.
"The inter-agency committee shall be co-chaired by the Department of Foreign Affairs and the
Department of Labor and Employment. The National Computer Center shall provide the
necessary technical assistance and shall set the appropriate information and communications
technology standards to facilitate the sharing of information among the member agencies.
"The inter-agency committee shall meet regularly to ensure the immediate and full
implementation of this section and shall explore the possibility setting up a central storage
facility for the data on migration. The progress of the implementation of this section shall be
include in the report to Congress of the Department of Foreign Affairs and the Department of
Labor and Employment under Section 33.
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"The inter-agency committee shall convene to identify existing data bases which shall be
declassified and shared among member agencies. These shared data bases shall initially
include, but not be limited to, the following information:
"(a) Masterlists of Filipino migrant workers/overseas Filipino classified according to
occupation/job category, civil status, by country/state of destination including visa
classification;
"(b) Inventory of pending legal cases involving Filipino migrant workers and other Filipino
nationals, including those serving prison terms;
"(c) Masterlists of departing/arriving Filipinos;
"(d) Statistical profile on Filipino migrant workers/overseas Filipinos/tourists;
"(e) Blacklisted foreigners/undesirable aliens;
"(f) Basic data on legal systems, immigration policies, marriage laws and civil and
criminal codes in receiving countries particularly those with large numbers of Filipinos;
"(g) List of Labor and other human rights instruments where receiving countries are
signatories;
"(h) A tracking system of past and present gender disaggregated cases involving male
and female migrant workers, including minors; and
"(i) Listing of overseas posts which may render assistance to overseas Filipinos, in
general, and migrant workers, in particular."
Section 14. Subparagraph (b.1) of paragraph (b) of Section 23 of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"(b.1) Philippine Overseas Employment Administration. - The Administration shall regulate
private sector participation in the recruitment and overseas placement of workers by setting up
a licensing and registration system. It shall also formulate and implement, in coordination with
appropriate entities concerned, when necessary, a system for promoting and monitoring the
overseas employment of Filipino workers taking into consideration their welfare and the
domestic manpower requirements. It shall be responsible for the regulation and management
of overseas employment from the pre-employment stage, securing the best possible
employment terms and conditions for overseas Filipino workers, and taking into consideration
the needs of vulnerable sectors and the peculiarities of sea-based and land-based workers. In
appropriate cases, the Administration shall allow the lifting of suspension of erring
 recruitment/manning agencies upon the payment of fine of Fifty thousand pesos (P50,000.00)
for every month of suspension.
"in addition to its powers and functions, the Administration shall inform migrant workers not
only of their rights as workers but also of their rights as human beings, instruct and guide the
workers how to assert their rights and provide the available mechanism to redress violation of
their rights. It shall also be responsible for the implementation, in partnership with other
law-enforcement agencies, of an intensified program against illegal recruitment activities. For
this purpose, the POEA shall provide comprehensive Pre-Employment Orientation Seminars
(PEOS) that will discuss topics such as prevention of illegal recruitment and gender-sensitivity.
"The Administration shall not engage in the recruitment and placement of overseas
workers except on a government-to-government arrangement only.
"In the recruitment and placement of workers to service the requirements for trained and
competent Filipino workers of foreign governments and their instrumentalitys, and such
other employers as public interests may require, the Administration shall deploy only to
countries where the Philippine has conclude bilateral labor agreements or
arrangements: Provided, That such countries shall guarantee to protect the rights of
Filipino migrant workers; and Provided, further, That such countries shall observe and/or
comply with the international laws and standards for migrant workers."
Section 15. Sub-paragraph (b.2) of Paragraph (b) of Section 23 of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
"(b.2) Overseas Workers Welfare Administration. - The Welfare officer of in his absence,
the coordinating officer shall provide the Filipino migrant worker and his family all the
assistance they may need in the enforcement of contractual obligations by agencies or
entities and/or by their principals. In the performance of this function, he shall make
representation and may call on the agencies or entities concerned to conferences or
conciliation meetings for the purpose of settling the compliance or problems brought to
his attention. The OWWA shall likewise formulate and implement welfare programs for
overseas Filipino workers and their families while they are abroad and upon their return.
It shall ensure the awareness by the overseas Filipino workers and their families of
these programs and other related governmental programs.
"In the repatriation of workers to be undertaken by OWWA, the latter shall be authorized
to pay repatriation-related expenses, such as fines or penalties, subject to such
guidelines as the OWWA Board of Trustees may prescribe."
Section 16. Under Section 23 of Republic Act No. 8042, as amended, add new paragraphs (c) and (d)
with their corresponding subparagraphs to read as follows:
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"(c) Department of Health. - The Department of Health (DOH) shall regulate the activities and
operations of all clinics which conduct medical, physical, optical, dental, psychological and
other similar examinations, hereinafter referred to as health examinations, on Filipino migrant
workers as requirement for their overseas employment. Pursuant to this, the DOH shall ensure
that:
" (c.1) The fees for the health examinations are regulated, regularly monitored and duly
published to ensure that the said fees are reasonable and not exorbitant;
" (c.2) The Filipino migrant worker shall only be required to undergo health examinations when
there is reasonable certainty that he or she will be hired and deployed to the jobsite and only
those health examinations which are absolutely necessary for the type of job applied for or
those specifically required by the foreign employer shall be conducted;
" (c.3) No group or groups of medical clinics shall have a monopoly of exclusively conducting
health examinations on migrant workers for certain receiving countries;
" (c.4) Every Filipino migrant worker shall have the freedom to choose any of the
DOH-accredited or DOH-operated clinics that will conduct his/her health examinations and that
his or her rights as a patient are respected. The decking practice, which requires an overseas
Filipino worker to go first to an office for registration and then farmed out to a medical clinic
located elsewhere, shall not be allowed;
" (c.5) Within a period of three (3) years from the effectivity of this Act, all DOH regional and/or
provincial hospitals shall establish and operate clinics that can be serve the health examination
requirements of Filipino migrant workers to provide them easy access to such clinics all over
the country and lessen their transportation and lodging expenses and
" (c.6) All DOH-accredited medical clinics, including the DOH-operated clinics, conducting
health examinations for Filipino migrant workers shall observe the same standard operating
procedures and shall comply with internationally-accepted standards in their operations to
conform with the requirements of receiving countries or of foreign employers/principals.
"Any Foreign employer who does not honor the results of valid health examinations
conducted by a DOH-accredited or DOH-operated clinic shall be temporarily disqualified
from the participating in the overseas employment program, pursuant to POEA rules and
regulations.
"In case an overseas Filipino worker is found to be not medically fit upon his/her
immediate arrival in the country of destination, the medical clinic that conducted the
health examination/s of such overseas Filipino worker shall pay for his or her repatriation
back to the Philippines and the cost of deployment of such worker.
 "Any government official or employee who violates any provision of this subsection shall
be removed or dismissed from service with disqualification to hold any appointive public
office for five(5) years. Such penalty is without prejudice to any other liability which he or
she may have incurred under existing laws, rules or regulations.
"(d) Local Government Units. - In the fight against illegal recruitment, the local
government units (LGUs), in partnership with the POEA, other concerned government
agencies , and non-government organizations advocating the rights and welfare of
overseas Filipino workers, shall take a proactive stance by being primarily responsible
for the dissemination of information to their constituents on all aspects of overseas
employment. To carry out this task, the following shall be undertaken by the LGUs:
"(d.1) Provide a venue for the POEA, other concerned government agencies and
non-government organizations to conduct PEOS to their constituents on a regular basis;
"(d.2) Establish overseas Filipino worker help desk or kiosk in their localities with the
objective of providing current information to their constituents on all the processes
aspects of overseas employment. Such desk or kiosk shall, as be linked to the database
of all concerned government agencies, particularly the POEA for its updated lists of
overseas job orders and licensed recruitment agencies in good standing."
Section 17. Subparagraph ( c ) of Section of Republic Act No. 8042, as amended, is hereby amended to
read as follows:
"( c ) To tap the assistance of reputable law firms, the Integrated Bar of the Philippines,
other bar associations and other government legal experts on overseas Filipino worker
laws to complement the government's efforts to provide legal assistance to our migrant
workers;"
Section 18. Section 25 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 25. Legal Assistance Fund. - There is herby established a legal assistance fund
for migrant workers, hereinafter referred to as the Legal Assistance Fund, in the amount
of one hundred million pesos (P100,000,000.00) to be constituted from the following
sources.
"Fifty million pesos (50,000,000.00) from the Contingency Fund of the President;
"Thirty million pesos (30,000,000.00) from the Contingency Fund of the President Social
Fund;
"Twenty million pesos (20,000,000.00) from the Welfare Fund for Overseas Workers
established under Letter of Instructions No. 537 as amended by Presidential Decree
Nos. 1694 and 1809; and
119
"An amount appropriated in the annual General Appropriations Act (GAA) which shall
not be less than Thirty million pesos (30,000,000.00) per year: Provided, that the
balance of the Legal Assistance Fund (LAF) including the amount appropriated for the
year shall not be less than One hundred million pesos (P100,000,000.00) : Provided,
further, That the fund shall be treated as a special fund in the National Treasury and its
balance, including the amount appropriated in the GAA, which shall form part of the
Fund, shall not revert to the General Fund.
" Any balances of existing funds which have been set aside by the government
specifically as legal assistance or defense fund to help migrant workers shall upon
effectivity of this Act, be turned over to, and form part of, the Fund created under this
Act."
Section 19. Section 26 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 26. Uses of the Legal Assistance Fund. - The Legal Assistance Fund created
under the preceding section shall be used exclusively6 to provide legal services to
migrant workers and overseas Filipinos in distress in accordance with the guidelines,
criteria and procedures promulgated in accordance with Section 24 ( a ) herof. The
expenditures to be charged against the Fund shall include the fees for the foreign
lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent
migrant workers facing charges or in filing cases against erring or abusive employers
abroad, bail bonds to secure the temporary releases and other litigation
expenses: Provided, That at the end of every year, the Department of Foreign Affairs
shall include in its report to Congress, as provided for under Section 33 of this Act, the
status of the Legal Assistance Fund, including the expenditures from the said fund duly
audited by the Commission on Audit (COA): Provided, further, That the hiring of foreign
legal counsels, when circumstances warrant urgent action, shall be exempt from the
coverage of Republic Act No. 9184 or the Government Procurement Act."
Section 20. Section 32 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 32. POEA, OWWA and other Boards; Additional Memberships. - Notwithstanding
any provision of law to the contrary, the respective Boards of the POEA and the OWWA
shall, in addition to their present composition, have three (3) members each who shall
come from the women, sea-based and land-based sectors respectively, to be selected
and nominated openly by the general membership of the sector being represented.
" The selection and nomination of the additional members from the women, sea-based
and land-based sectors shall be governed by the following guidelines:
"(a) The POEA and the OWWA shall launch a massive information campaign on the
selection of nominees and provide for a system of consultative sessions for the certified
leaders or representatives of the concerned sectors, at least three (3) times, within
 ninety (90) days before the boards shall be convened, for purposes of selection. The
process shall be open, democratic and transparent;
"(b) Only non-government organizations that protect and promote the rights and welfare
of overseas Filipino workers, duly registered with the appropriate Philippine government
agency and in good standing as such, and in existence for at least three (3) years prior
to the nomination shall be qualified to nominate a representative for each sector to the
Board;
"(c) The nominee must be at least twenty-five (25) years of age, able to read and write,
and a migrant worker at the time of his or her nomination or was a migrant worker with at
least three (3) years experience as such; and
"(d) A final list of all the nominees selected by the OWWA/POEA governing boards,
which shall consist of three(3) names for each sector to be represented, shall be
submitted to the President and published in a newspaper of general circulation;
"Within thirty (30) days from the submission of the list, the President shall select and
appoint from the list, the representatives to the POEA/OWWA governing boards.
"The additional members shall have a term of three (3) years and shall be eligible for
reappointment for another three (3) years. In case of vacancy, the President shall in
accordance with the provisions of this Act, appoint a replacement who shall serve the
unexpired term of his or her predecessor.
"Any executive issuances or orders issued that contravene the provisions of this section
shall have no force and effect.
"All other government agencies and government-owned or controlled corporations which
require at least one (1) representative from the overseas workers sector to their
respective boards shall follow all the applicable provisions of this section."
Section 21. The first and last paragraph of Section 33 of Republic Act No. 8042, as amended, is hereby
amended to read as follows:
"SEC. 33. Report to Congress. - In order to inform the Philippine Congress on the
implementation of the policy enunciated in Section 4 hereof, the Department of Foreign
Affairs and the Department of Labor and Employment shall submit separately to the said
body a semi-annual report of Philippine foreign posts located in countries hosting
Filipino migrant workers. The mid-year report covering the period January to June shall
be submitted not later than October 31 of the same year while the year-end report
covering the period July to December shall be submitted not later than May 31 of the
following year. The report shall include, but shall not limited to, the following information:
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"xxx
" Any officer of the government who fails to submit the report as stated in this section
shall be subject to an administrative penalty of dismissal from the service with
disqualification to hold any appointive public office for five (5) years."
Section 22. Section 35 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
SEC. 35. Exemption from Travel Tax Documentary Stamp and Airport Fee. - All laws to
the contrary notwithstanding, the migrant workers shall be exempt from the payment of
travel tax and airport-fee upon proper showing of proof entitlement by the POEA.
"The remittances of all overseas Filipino workers, upon showing of the same proof of
entitlement by the overseas Filipino worker's beneficiary or recipient, shall be exempt
from the payment of documentary stamp tax.
Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is hereby added to read as
follows:
"SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In addition to
the performance bond to be filed by the recruitment/manning agency under Section 10,
each migrant worker deployed by a recruitment/manning agency shall be covered by a
compulsory insurance policy which shall be secured at no cost to the said worker. Such
insurance policy shall be effective for the duration of the migrant worker's employment
and shall cover, at the minimum:
"(a) Accidental death, with at least Fifteen thousand United States dollars
(US$10,000.00) survivor's benefit payable to the migrant worker's beneficiaries;
"(c) Permanent total disablement, with at least Seven thousand five hundred United
States dollars (US$7,500.00) disability benefit payable to the migrant worker. The
following disabilities shall be deemed permanent: total, complete loss of sight of both
eyes; loss of two(2) limbs at or above the ankles or wrists; permanent complete
paralysis of two (2) limbs; brain injury resulting to incurable imbecility or insanity;
"(d) Repatriation cost of the worker when his/her employment is terminated without any
valid cause, including the transport of his or her personal belongings. In case of death,
the insurance provider shall arrange and pay for the repatriation or return of the worker's
remains. The insurance provider shall also render any assistance necessary in the
transport including, but not limited to, locating a local licensed funeral home, mortuary or
direct disposition facility to prepare the body for transport, completing all documentation,
obtaining legal clearances, procuring consular services, providing necessary casket or
air transport container, as well as transporting the remains including retrieval from site of
death and delivery to the receiving funeral home;
"(e) Subsistence allowance benefit, with at least One hundred United States dollars
(US$100.00) Per month for a maximum of six (6) months for a migrant worker who is
involved in a case or litigation for the protection of his/her rights in the receiving country;
"(f) Money claims arising from employer's liability which may be awarded or given to the
worker in a judgment or settlement of his or her case in the NLRC. The insurance
coverage for money claims shall be equivalent to at least three (3) months for every year
of the migrant worker's employment contract;
"In addition to the above coverage, the insurance policy shall also include:
"(g) Compassionate visit. When a migrant worker is hospitalized and has been confined
for at least seven (7) consecutive days, he shall be entitled to a compassionate visit by
one (1) family member or a requested individual. The insurance company shall pay for
the transportation cost of the family member or requested individual to the major airport
closest to the place of hospitalization of the worker. It is, however, the responsibility of
the family member or requested individual to meet all visa and travel document
requirements;
"(h) Medical evacuation. When an adequate medical facility is not available proximate to
the migrant worker, as determined by the insurance company's physician and/or a
consulting physician, evacuation under appropriate medical supervision by the mode of
transport necessary shall be undertaken by the insurance provider; and
"(i) Medical repatriation. When medically necessary as determined by the attending
physician, repatriation under medical supervision to the migrant worker's residence shall
be undertaken by the insurance provider at such time that the migrant worker is
medically cleared for travel by commercial carrier. If the period to receive medical
clearance to travel exceeds fourteen (14) days from the date of discharge from the
hospital, an alternative appropriate mode of transportation, such as air ambulance, may
be arranged. Medical and non-medical escorts may be provided when necessary.
"Only reputable private insurance companies duly registered with the Insurance
Commission (IC) , which are in existence and operational for at least Five hundred
million pesos (P500,000,000.00) to be determined by the IC, and with a current year
certificate of authority shall be qualified to provide for the worker's insurance coverage.
Insurance companies who have directors, partners, officers, employees or agents with
relatives, within the fourth civil degree of consanguinity or affinity, who work or have
interest in any of the licensed recruitment/manning agencies or in any of the government
agencies involved in the overseas employment program shall be disqualified from
providing this workers' insurance coverage.
"The recruitment/manning agency shall have the right to choose from any of the
qualified insurance providers the company that will insure the migrant worker it will
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deploy. After procuring such insurance policy, the recruitment/manning agency shall
provide an authenticated copy thereof to the migrant worker. It shall then submit the
certificate of insurance coverage of the migrant worker to POEA as a requirement for the
issuance of an Overseas Employment Certificate (OEC) to the migrant worker. In the
case of seafarers who are insured under policies issued by foreign insurance companies,
the POEA shall accept certificates or other proofs of cover from recruitment/manning
agencies: Provided, That the minimum coverage under sub-paragraphs (a) to (i) are
included therein.
"Any person having a claim upon the policy issued pursuant to subparagraphs (a), (b),
(c), (d) and (e) of this section shall present to the insurance company concerned a
written notice of claim together with pertinent supporting documents. The insurance
company shall forthwith ascertain the truth and extent of the claim and make payment
within ten (10) days from the filing of the notice of claim.
"Any claim arising from accidental death, natural death or disablement under this section
shall be paid by the insurance company without any contest and without the necessity of
providing fault or negligence of any kind on the part of the insured migrant
worker: Provided, That the following documents, duly authenticated by the Philippine
foreign posts, shall be sufficient evidence to substantiate the claim:
"(1) Death Certificate - In case of natural or accidental death;
"(2) Police or Accident Report - In case of accidental death; and
"(3) Medical Certificate - In case of permanent disablement;
"For repatriation under subparagraph (d) hereof, a certification which states the reason/s
for the termination of the migrant worker's employment and the need for his or her
repatriation shall be issued by the Philippine foreign post or the Philippine Overseas
Labor Office (POLO) located in the receiving country.
"For subsistence allowance benefit under subparagraph (e), the concerned labor
attaché or, in his absence, the embassy or consular official shall issue a certification
which states the name of the case, the names of the parties and the nature of the cause
of action of the migrant worker.
"For the payment of money claims under subparagraph (f), the following rules shall
govern:
"(1) After a decision has become final and executor or a settlement/compromise
agreement has been reached between the parties at the NLRC, an order shall be
released mandating the respondent recruitment/manning agency to pay the amount
adjudged or agreed upon within thirty (30) days;
"(2) The recruitment/manning agency shall then immediately file a notice of claim with its
insurance provider for the amount of liability insured, attaching therewith a copy of the
decision or compromise agreement;
"(3) Within ten (10) days from the filing of notice of claim, the insurance company shall
make payment to the recruitment/manning agency the amount adjudged or agreed upon,
or the amount of liability insured, whichever is lower. After receiving the insurance
payment, the recruitment/manning agency shall immediately pay the migrant worker's
claim in full, taking into account that in case the amount of insurance coverage is
insufficient to satisfy the amount adjudged or agreed upon, it is liable to pay the balance
thereof;
"(4) In case the insurance company fails to make payment within ten (10) days from the
filing of the claim, the recruitment/ manning agency shall pay the amount adjudged or
agreed upon within the remaining days of the thirty (30)-day period, as provided in the
first subparagraph hereof;
"(5) If the worker's claim was not settled within the aforesaid thirty (30)-day period, the
recruitment/manning agency's performance bond or escrow deposit shall be forthwith
garnished to satisfy the migrant worker's claim;
"(6) The provision of compulsory worker's insurance under this section shall not affect
the joint and solidary liability of the foreign employer and the recruitment/manning
agency under Section 10;
"(7) Lawyers for the insurance companies, unless the latter is impleaded, shall be
prohibited to appear before the NLRC in money claims cases under this section.
Section 24. A new Section 37-B of Republic Act No. 8042, as amended, is hereby added to read as
"Any question or dispute in the enforcement of any insurance policy issued under this
follows:
section shall be brought before the IC for mediation or adjudication.
"In case it is shown by substantial evidence before the POEA that the migrant worker
who was deployed by a licensed recruitment/manning agency has paid for the premium
or the cost of the insurance coverage or that the said insurance coverage was used as
basis by the recruitment/manning agency to claim any additional fee from the migrant
worker, the said licensed recruitment/manning agency shall lose its license and all its
directors, partners, proprietors, officers and employees shall be perpetually disqualified
from engaging in the business of recruitment of overseas workers. Such penalty is
without prejudice to any other liability which such persons may have incurred under
existing laws, rules or regulations.
"For migrant workers recruited by the POEA on a government-to-government
arrangement, the POEA shall establish a foreign employers guarantee fund which shall
be answerable to the workers' monetary claims arising from breach of contractual
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obligations. For migrant workers classified as rehires, name hires or direct hires, they
may opt to be covered by this insurance coverage by requesting their foreign employers
to pay for the cost of the insurance coverage or they may pay for the premium
themselves. To protect the rights of these workers, the POEA shall provide them
adequate legal assistance, including conciliation and mediation services, whether at
home or abroad.
"At the end of every year, the Department of Labor and Employment and the IC shall
jointly make an assessment of the performance of all insurance providers, based upon
the report of the NLRC and the POEA on their respective interactions and experiences
with the insurance companies, and they shall have the authority to ban or blacklist such
insurance companies which are known to be evasive or not responsive to the legitimate
claims of migrant workers. The Department of Labor and Employment shall include such
assessment in its year-end report to Congress.
"For purposes of this section, the Department of Labor and Employment, IC, NLRC and
the POEA, in consultation with the recruitment/manning agencies and legitimate
non-government organizations advocating the rights and welfare of overseas Filipino
workers, shall formulate the necessary implementing rules and regulations.
"The foregoing provisions on compulsory insurance coverage shall be subject to
automatic review through the Congressional Oversight Committee immediately after
three (3) years from the effectivity of this Act in order to determine its efficacy in favor of
the covered overseas Filipino workers and the compliance by recruitment/manning
agencies and insurance companies, without prejudice to an earlier review if necessary
and warranted for the purpose of modifying, amending and/or repealing these subject
provisions.
"Sec. 37-B. Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by the
chairpersons of the Senate Committee on Labor and Employment and the House of
Representatives Committee on Overseas Workers Affairs. The Oversight Committee shall
have the following duties and functions:
"(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of Republic Act No. 8042, as amended, as well as all programs, projects and
activities related to overseas employment;
 "(b) To ensure transparency and require the submission of reports from concerned government
agencies on the conduct of programs, projects and policies relating to the implementation of
Republic Act No. 8042, as amended;
"(c) To approve the budget for the programs of the Oversight Committee and all disbursements
therefrom, including compensation of all personnel;
"(d) To submit periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of Republic Act No. 8042, as amended;
"(e) To determine weaknesses in the law and recommend the necessary remedial legislation or
executive measures; and
"(f) To perform such other duties, functions and responsibilities as may be necessary to attain
its objectives.
"The Oversight Committee shall adopt its internal rules of procedure, conduct hearings and
receive testimonies, reports, and technical advice, invite or summon by subpoena ad
testificandum any public official or private citizen to testify before it, or require any person by
subpoena duces tecum documents or other materials as it may require consistent with the
provisions of Republic Act No. 8042, as amended.
"The Oversight Committee shall organize its staff and technical panel, and appoint such
personnel, whether on secondment from the Senate and the House of Representatives
or on temporary, contractual, or on consultancy, and determine their compensation
subject to applicable civil service laws, rules and regulations with a view to ensuring a
competent and efficient secretariat.
"The members of the Oversight Committee shall not receive additional compensation,
allowances or emoluments for services rendered thereto except traveling, extraordinary
and other necessary expenses to attain its goals and objectives.
"The Oversight Committee shall exist for a period of ten (10) years from the effectivity of
this Act and may be extended by a joint concurrent resolution."
Section 25. Implementing Rules and Regulations. - The departments and agencies charged with carrying
out the provisions of this Act, except as otherwise provided herein, in consultation with the Senate
Committee on Labor and Employment and the House of Representatives Committee on Overseas
Workers Affairs, shall, within sixty (60) days after the effectivity of this Act, formulate the necessary rules
and regulations for its effective implementation.
Section 26. Funding. - The departments, agencies, instrumentalities, bureaus, offices and
government-owned and controlled corporations charged with carrying out the provisions of this Act shall
include in their respective programs the implementation of this Act, the funding of which shall be included
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in the General Appropriations Act. The Congressional Oversight Committee on Overseas Workers Affairs
shall have the sum of Twenty-five million pesos (P25,000,000.00), half of which shall be charged against
the current appropriations of the Senate while the other half shall be charged against the current
appropriations of the House of Representatives, to carry out its powers and functions for its initial
operations and for fiscal years wherein the General Appropriations Act is reenacted and no provision for its
continued operation is included in such Act. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act.
Republic Act No. 9803 November 25, 2009
AN ACT TO ENCOURAGE THE DONATION OF FOOD FOR CHARITABLE PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Short Title. - ThisAct shall be known as the "Food Donation Act of 2009".
Section 2. Declaration of Policy. - It is the policy of the State to alleviate national poverty and reduce food
wastage. As such, the State shall implement measures to encourage the donation of apparently
wholesome food for charitable purposes.
Section 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows:
Apparently Wholesome Food" refers to food that meets all quality and labeling standards imposed by a
pertinent laws and administrative regulations even though the food may not be readily marketable due
to appearance, age, freshness, grade, size, surplus, or other conditions. It does not include milk
products as defined and covered under Executive Order No. 51, the "National Code of Marketing of
Breastmilk Substitutes, Breastmilk Supplements and Other Related Products".
"Donate" is to dispose of an apparently wholesome food in favor of another. It includes giving by one
person to another person of an apparently wholesome food for distribution, notwithstanding that the
former has charged a nominal fee from the latter, if the ultimate beneficiary is not required to give
anything of monetary value.
"Food" refers to any raw, cooked, processed, or prepared edible substance, ice, beverage. or ingredient
used or intended for use in whole or in part for human consumption.
"Gross Negligence" refers to voluntary and conscious conduct, including a failure to act, by a person
who, at the time of conduct, knew that the conduct was likely to be harmful to the health or well-being of
another person.
"Intentional Misconduct" refers to conduct by a person with knowledge at the time of the conduct
that the conduct is harmful to the health or well-being of another person.
 "Charitable Purposes" refers to philanthropic, humanitarian and non-profit objectives, including
the benefit of the needy, poor, sick, prisoners, orphans, etc.lawphi1
Section 4. Coordinating Mechanism. - To ensure effective and sustained inter-agency and multi-sectoral
coordination, the Department of Social Welfare and Development (DSWD) shall serve as the main
coordinating agency together with the Philippine National Red Cross as auxiliary for the implementation of
this Act.
Section 5. Liability for Damages from Donated Food. - A person, whether natural or juridical, shall not be
subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently
wholesome food that a person donates in good faith for charitable purposes. This shall not apply, however,
to an injury or death of an ultimate beneficiary of the donated food that results from an act or omission of a
person constituting gross negligence or intentional misconduct.
Section 6. Implementing Rules and Regulations. - The DSWD, in coordination with the Department of
Health (DOH) and its attached agencies, the Bureau of Food and Drugs (BFAD) and the National Nutrition
Council (NNC); the National Disaster Coordinating Council (NDCC); the Union of Local Authorities of the
Philippines (ULAP); other relevant government agencies, nongovernment organizations including the
Philippine National Red Cross and private entities shall formulate and issue the necessary rules and
regulations for the implementation of this Act within ninety (90) days after the effectivity of this Act.
Republic Act No. 9507 October 13, 2008
AN ACT TO ESTABLISH A SOCIALIZED AND LOW-COST HOUSING LOAN RESTRUCTURING AND
CONDONATION PROGRAM, PROVIDING THE MECHANISMS THEREFOR, 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 "Socialized and Low-Cost Housing Loan
Restructuring Act of 2008".
Section 2. Declaration of Policy. - It is the policy of the State to undertake a continuing program of urban
land reform and housing that will make available at affordable cost decent housing to underprivileged and
homeless citizens.
Toward this end, a rational loan restructuring and condonation program shall be instituted that takes into
consideration the credit wothiness and credit discipline of the borrowers, and the financial viability of the
lending institutions.
SECTION 3. Coverage of the Restructuring Program for Delinquent Socialized and Low-Cost
Housing Loan Accounts. - There is hereby established a Socialized and Low-Cost Housing Loan
Restructuring and Condonation Program. Under this program:
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(a) for a period of eighteen (18) months after the issuance of the implementing rule and regulations of this
Act, all socialized and low-cost housing loans, the original principal amount of which are within the housing
loan ceilings as determined by the Housing and Urban Development Coordinating Council (HUDCC), with
any of the government financial institutions (GFIs) and agencies involved in the National Shelter Program
(NSP), including, but not limited to, the Government Service Insurance System (GSIS), Social Security
System (SSS), Home Development Mutual Fund (HDMF) or Pag IBIG Fund, National Home Mortgage
Finance Corporation (NHMFC), Social Housing Finance Corporation (SHFC), Home Guaranty Corporation
(HGC), and the National Housing Authority (NHA) that have at least three (3) months of unpaid monthly
ammortizations as of the effectivity of this Act are hereby declared covered by the benefits of this loan
restructuring and condonation program notwithstanding that the same accounts have availed of the
benefits of a previous restructuring or condonation program: Provided, That the original principal amount
of the housing loans shall not exceed Two Million Five Hundred Thousand pesos
(P2,500,000.00). Provided, further, That every year after the effectivity of this Act, HUDCC is authorized to
increase the amount herein stated;
(b) an application for restructuring shall only be charged a processing fee and no downpayment which
shall be required for a borrower to apply for the benefits of this loan restructuring and condonation
program;
(c) all penalties and surcharges shall be condoned upon approval of the restructuring application under
this Act. Provided, That a reasonable portion of the accrued interest on the housing loan shall also be
condoned, the amount or percentage of which shall be determined by the respective boards of the GFIs
and housing agencies mentioned in Section 3(a) hereof. Provided, further, That all remaining accrued
interests shall be treated as non-interest bearing principal to be equally repaid during the term of the
restructured loan. Provided, moreover, That an interest rate of not more than the interest of the original
loan or more than twelve percent (12%) whichever is lower, shall be imposed upon the restructured
loan: Provided, finally, That all corresponding penalties and surcharges which the NHMFC and SHFC may
have to pay their funders as a result of the implementation of this Act may be adjusted and condoned;
(d) Pag-IBIG Fund, GSIS and SSS may allow the borrower-applicant to use the total accumulated value of
his/her membership contribution or savings to update his/her housing loan;
(e) the term of a housing loan account being applied for restructuring may be extended for a period longer
than its original term in order to lower the amount of the monthly amortization. Provided, That in no
instance shall the extension of the restructured loan exceed the difference between the borrower’s age at
the time of application and age seventy (70). In the event that the borrower fails to pay three (3)
consecutive monthly amortization during the term of the restructured loan, the concerned GFI or housing
agency may pursue foreclosure proceedings on the property;
(f) in case of permanent physical incapacity of a borrower, his/her legal heirs and successors-in-interest
may assume payment of his/her outstanding housing loan; Provided, That in case of death of the borrower,
the proceeds of the Mortgage Redemption Insurance (MRI) shall have been fully applied: Provided, further,
That such legal heirs and successors-in-interest must pass the GFIs' and/or housing agencies' eligibility
requirement before they are allowed to assume payment of the borrower's loan obligation;
(g) the loan restructuring under this Act may be availed of only once except in case of force
majeure affecting the ability of the borrower to fulfill his/her financial obligation; and
(h) the loan restructuring and condonation program provided for in this Act shall be construed as a
separate and distinct program from the ones being implemented by the respective GFIs and housing
agencies mentioned in Section 3(a) hereof, and the borrower has the option to choose which loan
restructuring and condonation program he/she may avail of.
Section 4. Authority to Continue the Restructuring Program. - Notwithstanding the lapse of the period
provided in Section 3 (a) of this Act, the governing boards of HDMF/Pag-IBIG Fund, SSS, GSIS, NHMFC,
SHFC, HGC and NHA are hereby authorized to continue the loan restructuring and condonation program
under this Act.
Section 5. Exclusion from Coverage. - In no instance shall the following housing loan accounts be
covered by this Act:
(a) any account without a single payment since take out;
(b) an account which housing unit has been abandoned by the borrower-owner for more than one (1) year
from the date of delinquency;
(c) an account which housing unit is occupied by a third party other than the original registered beneficiary
or his/her legal heirs;
(d) an account that has been foreclosed or a contract-to-sell that has been cancelled, or has been
surrendered to the GFIs or housing agencies through dacion en pago, the title of which has already been
consolidated/transferred in the name of the GFI or the housing agency; and
(e) Pag-IBIG Fund contract-to-sell accounts covered by the developers's buy-back guaranty.
Section 6. Remedies Against Delinquent Accounts. - Without prejudice to the resort to foreclosure as
provided for by law or contract in proper cases, the GFIs and housing agencies shall continue to exercise
their right to foreclose properties covered by accounts excluded in subparagraphs (a) through (e) under
Section 5 hereof or of delinquent accounts of borrowers who shall fail to avail of the benefits under this Act
and that such foreclosure proceedings shall be exempt from publication in newspapers: Provided, that
posting of the date and place of auction shall be made in at least three (3) conspicuous public places
similar to that provided for under Act 3135 as amended, otherwise known as An Act To Regulate The Sale
of Property Under Special Powers Inserted In Or Annexed To Real-Estate Mortgages: Provided, further,
That notice to the borrower at his/her last known address shall likewise be made: Provided, finally, That
the foreclosure proceedings mentioned above should be observed in the event that the borrower avails of
the benefits of this Act but subsequently defaults under the loan restructuring and condonation program.
Section 7. Incentive for Prompt Payment of Monthly Amortization. - Upon the effectivity of this Act, all
accounts whose monthly amortizations are paid on time shall be entitled to incentives, including but not
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limited to, a reasonable discount on loan interest, the amount or percentage of which shall be determined
by the respective boards of the (GFls) and housing agencies.
Section 8. Implementing Rules and Regulations. - There is hereby created an interagency committee,
headed by the HUDCC and composed of all the government institutions and agencies enumerated in
Section 3(a) hereof, tasked to promulgate the implementing rules and regulations within sixty (60) days
from the effectivity of this Act.
Section 9. Congressional Oversight Committee. - There is hereby created a Congressional Oversight
Committee composed of the Chairman of the Senate Committee on Urban Planning, Housing and
Resettlement and the Chairman of the House Committee on Housing and Urban Development, four (4)
members of the Senate and four (4) members of the House of Representatives. The members from the
Senate shall be appointed by the Senate President from among the members of the Senate Committee on
Urban Planning, Housing and Resettlement based on the proportional representation of the parties or
coalition therein. The members from the House of Representatives shall be appointed by the Speaker from
among the members of the House Committee on Housing and Urban Development based on the
proportional representation of the parties or coalitions therein.
The Oversight Committee upon review and approval of the Implementing rules and regulations shall
become functus officio and therefore cease to exist: Provided, however, That the GFIs and housing
agencies cited in Section 3(a) hereof shall submit to the Committee on Urban Planning, Housing and
Resettlement of the Senate and the Committee on Housing and Urban Development of the House of
Representatives an annual report on the availment of the loan restructuring and condonation program
under this Act.
Section 10. Repealing Clause. - All laws, including Republic Act No 8501, otherwise known as the
Housing Loan Condonation Act of 1998, executive orders, rules or regulations, or any part thereof,
inconsistent with any provisions of this Act are hereby repealed or modified accordingly.
Section 11. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, the
provisions not otherwise affected shall remain valid and subsisting.
Section 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
Republic Act No. 9523 March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A "CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION
ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY
ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD
AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Declaration of Policy. – It is hereby declared the policy of the State that alternative protection
and assistance shall be afforded to every child who is abandoned, surrendered, or neglected. In this
regard, the State shall extend such assistance in the most expeditious manner in the interest of full
emotional and social development of the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative processes under the jurisdiction of the Department of Social
Welfare and Development for the declaration of a child legally available for adoption of abandoned,
surrendered, or neglected children are the most expeditious proceedings for the best interest and welfare
of the child.
Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:
(1) Department of Social Welfare and Development (DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole authority to issue the certification declaring a child legally
available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18) years of age
but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of physical or mental disability or condition.
(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or whose parent(s)
have deserted him/her for a period of at least three (3) continuous months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately
attended within a period of three (3) continuous months. Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is
unattended when left by himself/herself without proper provisions and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or
made to work under conditions not conducive to good health; or is made to beg in the streets or public
places; or when children are in moral danger, or exposed to gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued by the
DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been
proven through the submission of pertinent documents, or one who was voluntarily committed by his/her
parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly
relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency
or institution.
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(7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited by
the DSWD that provides twenty-four (24) hour residential care services for abandoned, neglected, or
voluntarily committed children.
(8) Child-placing agency or institution refers to a private non-profit institution or government agency duly
accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and
facilitate placement of children eligible for foster care or adoption.
(9) Petitioner refers to the head or executive director of a licensed or accredited child-caring or
child-placing agency or institution managed by the government, local government unit, non-governmental
organization, or provincial, city, or municipal Social Welfare Development Officer who has actual custody
of the minor and who files a certification to declare such child legally available for adoption, or, if the child is
under the custody of any other individual, the agency or institution does so with the consent of the child's
custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.
(11) Conspicuous Place shall refer to a place frequented by the public, where by notice of the petition shall
be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an assessment
conducted by a licensed social worker as to the social-cultural economic condition, psychosocial
background, current functioning and facts of abandonment or neglect of the child. The report shall also
state the efforts of social worker to locate the child's biological parents/relatives.
Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn to before any
person authorized by law to administer oaths. It shall contain facts necessary to establish the merits of the
petition and shall state the circumstances surrounding the abandonment or neglect of the child.
The petition shall be supported by the following documents:
(1) Social Case Study Report made by the DSWD, local government unit, licensed or accredited
child-caring or child-placing agency or institution charged with the custody of the child;
(2) Proof that efforts were made to locate the parent(s) or any known relatives of the child. The following
shall be considered sufficient:
(a) Written certification from a local or national radio or television station that the case was aired on three
(3) different occasions;
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the child was found or a certified copy of a
tracing report issued by the Philippine National Red Cross (PNRC), National Headquarters (NHQ), Social
Service Division, which states that despite due diligence, the child's parents could not be found; and
(d) Returned registered mail to the last known address of the parent(s) or known relatives, if any.
Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a child may
recover legal custody and parental authority over him/her from the agency or institution to which such child
was voluntarily committed when it is shown to the satisfaction of the DSWD that the parent(s) or legal
guardian is in a position to adequately provide for the needs of the child: Provided, That, the petition for
restoration is filed within (3) months after the signing of the Deed of Voluntary Commitment.

(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon abandonment or admission to the
agency or institution.
Section 4. Procedure for the Filing of the Petition. – The petition shall be filed in the regional office of
the DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if sufficient in form and
substance and shall authorize the posting of the notice of the petition conspicuous place for five (5)
consecutive days in the locality where the child was found.
Section 8. Certification. – The certification that a child is legally available for adoption shall be issued by
the DSWD in lieu of a judicial order, thus making the entire process administrative in nature.
The certification, shall be, for all intents and purposes, the primary evidence that the child is legally
available in a domestic adoption proceeding, as provided in Republic Act No. 8552 and in an inter-country
adoption proceeding, as provided in Republic Act No. 8043.
Section. 9. Implementing Rules and Regulations. – The DSWD, together with the Council for Welfare of
Children, Inter-Country Adoption Board, two (2) representatives from licensed or accredited child-placing
and child-caring agencies or institution, National Statistics Office and Office of the Civil Registrar, is hereby
tasked to draft the implementing rules and regulations of this Act within sixty (60) days following its
complete publication.

The Regional Director shall act on the same and shall render a recommendation not later than five (5)
Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and
working days after the completion of its posting. He/she shall transmit a copy of his/her recommendation
regulations, petitions for the issuance of a certification declaring a child legally available for adoption may
and records to the Office of the Secretary within forty-eight (48) hours from the date of the
be filled with the regional office of the DSWD where the child was found or abandoned.
recommendation.

Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two hundred
Section 5. Declaration of Availability for Adoption. – Upon finding merit in the petition, the Secretary
thousand pesos (P200,000.00) shall be imposed on any person, institution, or agency who shall place a
shall issue a certification declaring the child legally available for adoption within seven (7) working days
child for adoption without the certification that the child is legally available for adoption issued by the
from receipt of the recommendation.
DSWD. Any agency or institution found violating any provision of this Act shall have its license to operate
revoked without prejudice to the criminal prosecution of its officers and employees.
Said certification, by itself shall be the sole basis for the immediate issuance by the local civil registrar of a
foundling certificate. Within seven (7) working days, the local civil registrar shall transmit the founding
Violation of any provision of this Act shall subject the government official or employee concerned to
certificate to the National Statistic Office (NSO).
appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal from the
government service and forfeiture of benefits.
Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of Appeals within five
(5) days from receipt of the decision by the petitioner, otherwise the same shall be final and executory.
Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No. 8552, Section
3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603 and any law,
Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and Voluntarily presidential decree, executive order, letter of instruction, administrative order, rule, or regulation contrary
Committed Child. – The certificate declaring a child legally available for adoption in case of an to or inconsistent with the provisions of this Act are hereby reprealed, modified or amended accordingly.
involuntarily committed child under Article 141, paragraph 4(a) and Article 142 of Presidential Decree No.
603 shall be issued by the DSWD within three (3) months following such involuntary commitment.
Republic Act No. 9346 June 24, 2006

In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES
certification declaring the child legally available for adoption shall be issued by the Secretary within three
(3) months following the filing of the Deed of Voluntary Commitment, as signed by the parent(s) with the
DSWD. SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No.
Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating
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Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine
(R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and
decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.
SEC. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the
penalties of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be
reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180,
otherwise known as the Indeterminate Sentence Law, as amended.
SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three
consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses
punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or
recommend for commutation or pardon; Provided, however, That nothing herein shall limit the power of the
President to grant executive clemency under Section 19, Article VII of the Constitutions.
underpriviledged, sick, elderly, disabled, women and children." Consonant with these constitution
principles the following are the declared policies of this Act:
(a) To motivate and encourage the senior citizens to contribute to nation building;
(b) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of
caring for the senior citizens;
(c) To give full support to the improvement of the total well-being of the elderly and their full participation in
society considering that senior citizens are integral part of Philippine society;
(d) To recognize the rights of senior citizens to take their proper place in society. This must be the concern
of the family, community, and government;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster
their capacity to attain a more meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens
and to actively seek their partnership.
In accordance with these policies, this Act aims to:

SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general
(1) establish mechanism whereby the contribution of the senior citizens are maximized;
circulation.

(2) adopt measures whereby our senior citizens are assisted and appreciated by the community as a
Republic Act No. 9257 February 26, 2004
whole;

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS AMENDING

(3) establish a program beneficial to the senior citizens, their families and the rest of the community that
FOR THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE
they serve; and
THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND
SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
(4) establish community-based health and rehabilitation programs in every political unit of society."
SECTION 1. This Act shall be known as the "Expanded Senior Citizens Act of 2003."
"SEC. 2. Definition of Terms. – For purposes of this Act, these terms are defined as follows:
SECTION 2. Republic Act. No. 7432 is hereby amended to read as follows:
(a) "Senior citizen" or "elderly" shall mean any resident citizen of the Philippines at least sixty (60) years
old;
"SECTION 1. Declaration of Policies and Objectives. – Pursuant to Article XV, Section 4 of the Constitution,
it is the duty of the family to take care of its elderly members while the State may design programs of social
security for them. In addition to this, Section 10 in the Declaration of Principles and State Policies provides: (b) "Benefactor" shall mean any person whether related to the senior citizens or not who takes care of
"The State shall provide social justice in all phases of national development." Further, Article XIII, Section him/her as a dependent;
11 provides: " The State shall adopt an integrated and comprehensive approach to health and other social
services available to all the people at affordable cost. There shall be priority for the needs of the (c) "Head of the family" shall mean any person so defined in the National Internal Revenue Code, as
amended; and

128
(d) "Geriatrics" shall refer to the branch of medical science devoted to the study of the biological and
physical changes and the diseases of old age."
"SEC. 3. Contribution to the Community. – Any qualified senior citizen as determined by the Office for
Senior Citizens Affairs (OSCA) may render his/her services to the community which shall consist of, but
not limited to, any of the following:
(a) Tutorial and/or consultancy services;
(b) Actual teaching and demonstration of hobbies and income generating skills;
(c) Lectures on specialized fields like agriculture, health, environment protection and the like;
(d) The transfer of new skills acquired by virtue of their training mentioned in Section 4, paragraph (d); and
(e) Undertaking other appropriate services as determined by the Office for Senior Citizens Affairs (OSCA)
such as school traffic guide, tourist aide, pre-school assistant, etc.
In consideration of the services rendered by the qualified elderly, the Office for Senior Citizens Affairs
(OSCA) may award or grant benefits or privileges to the elderly, in addition to the other privileges provided
for under this Act."
"SEC. 4. Privileges for the Senior Citizens. – The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount from all establishments relative to the utilization of services
in hotels and similar lodging establishment, restaurants and recreation centers, and purchase of medicines
in all establishments for the exclusive use or enjoyment of senior citizens, including funeral and burial
services for the death of senior citizens;
(b) a minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses
and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement for the
exclusive use or enjoyment of senior citizens;
(c. exemption from the payment of individual income taxes: Provided, That their annual taxable income
does not exceed the poverty level as determined by the National Economic and Development Authority
(NEDA) for that year;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental service, diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to
be issued by the Department of Health in coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);
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(f) the grant of twenty percent (20%) discount on medical and dental services, and diagnostic and
laboratory fees provided under Section 4 (e) hereof, including professional fees of attending doctors in all
private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the
Department of Health, in coordination with the Philippine Health Insurance Corporation;
(g) the grant of twenty percent (20%) discount in fare for domestic air and sea travel for the exclusive use
or enjoyment of senior citizens;
(h) the grant of twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive
use and enjoyment of senior citizens;
(i) educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, as well as
vocational or technical education in both public and private schools through provision of scholarship,
grants, financial aid subsidies and other incentives to qualified senior citizens, including support for books,
learning materials, and uniform allowance, to the extent feasible: Provided, That senior citizens shall meet
minimum admission requirement;
(j) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case
may be, as are enjoyed by those in actual service.
(k) retirement benefits of retirees from both the government and private sector shall be regularly reviewed
to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible,
shall be upgraded to be at par with the current scale enjoyed by those in actual service.
(l) to the extent possible, the government may grant special discounts in special programs for senior
citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and
(m) provision of express lanes for senior citizens in all commercial and government establishments; in the
absence thereof, priority shall be given to them.
In the availment of the privileges mentioned above, the senior citizen or elderly person may submit as
proof of his/her entitlement thereto any of the following:
(a) an ID issued by the city or municipal mayor or of the barangay captain of the place where the senior
citizen or the elderly resides;
(b) the passport of the elderly person or senior citizen concerned; and
(c) other documents that establish that the senior citizen or elderly person is a citizen of the Republic and
is at least sixty (60) years of age.
The establishment may claim the discounts granted under (a), (f), (g) and (h) as tax deduction based on
the net cost of the goods sold or services rendered: Provided That the cost of the discount shall be allowed
as deduction from gross income for the same taxable year that the discount is granted. Provided, further,
That the total amount of the claimed tax deduction net of value added tax if applicable, shall be included in
their gross sales receipts for tax purposes and shall be subject to proper documentation and to the
provisions of the National Internal Revenue Code, as amended."
"SEC. 5. Government Assistance. – The Government shall provided the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information
and matching services to enable them to be productive members of society. Terms of employments shall
conform with the provisions of the labor code, as amended, and other laws, rules and regulations.
Private entities that will employ senior citizens as employees upon effectivity of this Act, shall be entitled to
an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount
paid as salaries and wages to senior citizens subject to the provision of Section 34 of the National Internal
Revenue Code, as
amended: Provided, however, That such employment shall continue for a period of at least six (6) months:
Provider, further, that the annual income of a senior citizen does not exceed he poverty level as
determined by the National Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in coordination with other government agencies such
as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department and
Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and
welfare or livelihood support for senior citizens.
(b) Education
The Department of Education (DepEd), Technical Education and Skill Development Authority (TESDA)
and the Commission and Higher Education (CHED), in consultation of non-government organizations
(NGOs) and people's organizations (Pos) for senior citizen, shall institute a program that will ensure
access to formal and non-formal education.
(c ) Health
The Department of Health (DOH), in coordination with local government units (LGUs), non-government
organizations (NGOs) and people's organizations (Pos) for senior citizens, shall institute a national health
program and shall provide an integrated health service for senior citizens. It shall train community-based
health workers among senior citizens and health personnel to specialize in the geriatric care health
problems of senior citizens.
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(d) Social Services
The Department of Social Welfare and Development (DSWD), in cooperation with the Office for Senior
Citizen affairs (OSCA) and the local government units, non-government organizations and peoples
organizations for senior citizens, shall develop and implement programs on social services for senior
citizens, the components of which are:
(1) "self and social enhancement services" which provide senior citizens opportunities for socializing,
organizing, creative expression, and improvement of self;
(2)" after care and follow-up services" which provide senior citizen who are discharged from the
home/institutions for the aged, especially those who have problems of reintegration with family and
community, wherein both the senior citizens and their families are provided with counseling;
(3)"neighborhood support services: wherein the community/family members provide care giving services
to their frail, sick, or bedridden senior citizens; and
(4) "substitute family care" in the form of residential care/group homes for
the abandoned, neglected, unattached or homeless senior citizens and those incapable of self-care.
The grant of at least fifty percent (50%) discount for the consumption of electricity, water and telephone by
the senior citizens center and residential care/group homes that are non-stock, non-profit domestic
corporation organized and operated exclusively for the purpose of promoting of well-being of abandoned,
neglected, unattached, or homeless senior citizens.
(e) Housing
The national government shall include in its national shelter program the special housing needs of senior
citizens, such as establishment of housing units for the elderly;
(f) Access to Public Transport
The Department of Transportation and Communication (DOTC) shall develop a program to assist senior
citizens to fully gain access in the use of public transport facilities.
Further, the government shall provide the following assistance to those caring for and living with the senior
citizens:
(a)The senior citizen shall be treated as dependents provided for in the National Inter Revenue Code, as
amended, and as such, individual taxpayers caring for them, be they relatives or not shall be accorded the
privileges granted by the Code insofar as having dependents are concerned.
(b)Individuals or non-government institutions establishing homes, residential communities or retirement
villages solely for the senior citizens shall be accorded the following:
(1) realty tax holiday for the first five (5) years starting from the first year of operation;
(2) priority in the building and/or maintenance of the provincial or municipal roads leading to the aforesaid
home, residential community or retirement village."
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). – There shall be established in all cities and
municipalities an OSCA to be headed by a senior citizen who shall be appointed by the mayor for
a term of three (3) years without reappointment from a list of three (3) nominees of the sangguniang
panlungsod or the sangguniang bayan. The head of the OSCA shall be assisted by the City Social Welfare
and Development Officer or the municipal social welfare and development officer, in coordination with the
Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and
programs for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs,
Pos, and the barangays in their respective areas.
The office for senior citizens affairs shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue nationally
uniform individual identification cards, free of charge, which be valid anywhere in the country;
(d) To service as a general information and liaison center to serve the needs of the senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and
privileges to senior citizens;
(f) To report to the mayor, establishment found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any establishment, institution, or
agency refusing to comply with the privileges under this Act before the Department of Justice or the
provincial, city or municipal trial court."
"SEC. 7. Municipal/ City Responsibility. – It shall be the responsibility of the municipal/city through the
mayor to require all establishment covered by this Act to prominently display posters, stickers, and other
131
notices that will generate public awareness of the right and privileges of senior citizens and to ensure that
the provisions of this Act are implemented to its fullest."
"SEC. 8. Partnership of the National and Local Government Units. – The national government and local
government units shall explore livelihood opportunities and other undertaking to enhance the well-being of
senior citizens. The shall encourage the establishment of grassroots organizations for the elderly in their
respective territorial jurisdictions."
"SEC. 9 Support for Non-Governmental Organizations (NGOs). – Non-governmental organizations or
private volunteer organizations dedicated to the promotions, enhancement and support of the welfare of
senior citizens are hereby encouraged to become partners of government in the implementation of
program and projects for the elderly.
According, the government shall recognize the vital role of NGOs in complementing the government in the
delivery of services to senior citizens. It shall likewise encourage NGOs for the senior citizens to develop
innovative service models and pilots projects and to assist in the duplication of successful examples of
these models elsewhere in the country.
"SEC. 10. Penalties. – Any person who violates any provision of this Act shall suffer the following
penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) and imprisonment of not less than six (6) months but not more
than two (2) years; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but
exceeding Two hundred thousand pesos (P200,000.00) and imprisonment for not less than two (2) years
but not less than six (6) years.
Any person who abuses the privileges granted herein shall be punished with a fine of not less than Five
thousand pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), and imprisonment of
not less than six (6) months.
If the offender is a corporation, organization or any similar entity, the official thereof directly involved shall
be liable therefore.
If the offender is an alien or a foreigner, he shall be deported immediately after service of sentence without
further deportation proceedings.
Upon filling an appropriate complaint, and after due notice and hearing, the proper authorities may also
cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar
privileges granted to any business entity that fails to abide by the provisions of this Act."
"SEC. 11. Monitoring and Coordinating Mechanism. – A monitoring and coordinating mechanism shall be
established to be chaired by the DSWD, with the assistance of the Department of Justice (DOJ),
Department of Health (DOH), Department of the Interior and Local Government (DILG), and five (5)
accredited NGOs representing but not limited to, women, urban poor, rural poor, and the veterans."
"SEC. 12. Implementing Rules and Regulations. – The Secretary of Social Welfare and Development,
within sixty (60) days from the approval of this Act, shall promulgate the implementing, rules and
regulations for the effective implementation of the provisions of this Act. In consultation and coordination
with the following agencies and offices:
SECTION 3. All laws, presidential decrees, executive orders and rules and regulations or part thereof,
contrary to, or inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.
SECTION 4. Should any provision of this Act be found unconstitutional by a court of law, such provision
shall be severed from the remainder of this Act, and such action shall not affect the enforceability of the
remaining provisions of this Act.
SECTION 5. This Act shall take effect fifteen (15) days after its complete publication in any two (2) national
newspapers of general circulation.

(a) Department of Health; Republic Act No. 9201 April 01, 2003

(b) Department of Labor and Employment; AN ACT DECLARING DECEMBER 4 TO 10 AS NATIONAL HUMAN RIGHTS CONSCIOUSNESS
WEEK IN THE COUNTRY AND FOR OTHER PURPOSES
(c) Department of Education;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
(d) Depart of Transportation and Communications;
SECTION 1. This Act shall be known as the "National Human Rights Consciousness Week Act of
(e) Department of Justice; 2002".

(f) Department of Interior and Local Government; SEC. 2. December 4 to 10 is hereby declared as National Human Rights Consciousness Week in the
country.
(g) Department of Trade and Industry;
SEC. 3. All government agencies, including government-owned and-controlled corporations, shall
(h) Department of Finance; celebrate the week through simple and appropriate ceremonies and activities to make the people aware of
their basic human rights in relation to the functions and services offered by these government
instrumentalities.
(i) Commission of Higher Education;

SEC. 4. All levels of education/learning institutions, both public and private, shall celebrate the week
(j) Technical Education and Skills Development Authority;
through simple adn appropriate ceremonies and activities to propagate, particularly among the students, a
human rights culture that aims at sustainable development in the country.
(k) National Economic and Development Authority;
SEC. 5. A national committee composed of the following shall take the lead in the preparation and
(l) Housing and Urban Development Coordinating Council; and implementation of the guidelines on how to celebrate the week through simple and appropriate ceremonies
and activities:
(m) Five (5) non-governmental organizations of people's organizations for the senior citizens duly
accredited by the DSWD."
(1) Chairperson of the Commission on Human Rights - Chairperson;

SEC. 13. Appropriation. – The necessary appropriation for the operation and maintenance of the OSCA (2) Chairperson of the Civil Service Commission - Vice-Chairperson;
shall be appropriated and approved by the local government units concerned. The amount necessary to
carry out the provisions of this Act upon its effectivity shall be charged out of the funds of the Office of the (3) One (1) representative from each of the following government agencies as members:
President. Thereafter, any such sum as shall be needed for the regular implementation of this Act shall be (a) Department of Education;
included in subsequent General Appropriations Act following its enactment into law."

132
 (b) Department of National Defense;
(c) Department of Justice;
(d) Department of Social Welfare and Development;
(e) Department of Foreign Affairs;
(f) Department of Labor and Employment;
(g) Department of the Interior and Local Government;
(h) Philippine National Police
(4) One (1) representative each from two (2) human rights nongovernment organizations as
members, to be appointed by the President upon recommendation of the Commission on
Human Rights
Republic Act No. 9231 December 19, 2003
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS
PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as
follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to
provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their development including child labor and its worst
forms; provide sanctions for their commission and carry out a program for prevention and deterrence of
and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the
child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having care and custody of
the same.
133
"It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.
"The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the welfare of
children and enhance their opportunities for a useful and happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where
only members of his/her family are employed: Provided, however, That his/her employment neither
endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided,
further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or
secondary education; or
"2) Where a child's employment or participation in public entertainment or information through cinema,
theater, radio, television or other forms of media is essential: Provided, That the employment contract is
concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if
possible, and the approval of the Department of Labor and Employment: Provided, further, That the
following requirements in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal development of the child;
"(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child.
"In the above-exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age."
Section 3. The same Act, as amended, is hereby further amended by adding new sections to be
denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as
amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a
week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening
and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen
(18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the
following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries,
earnings and other income of the working child shall belong to him/her in ownership and shall be set aside
primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of the child's income may be used for the
collective needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the parents, the other parent shall
administer the same. In case both parents are absent or incapacitated, the order of preference on parental
authority as provided for under the Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian of a
working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of
the earnings of the child whose wages and salaries from work and other income amount to at least two
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting
of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The
child shall have full control over the trust fund upon reaching the age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst forms
of child labor. The phrase "worst forms of child labor" shall refer to any of the following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar
to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in armed conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or
for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and
trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
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"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be
harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive
power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the manual transport of heavy loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures, noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of formal
or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a
working child with access to at least primary and secondary education.
"b) To ensure and guarantee the access of the working child to education and training, the Department of
Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs
and educational programs; (2) conduct the necessary training for the implementation of the appropriate
curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials;
and (4) conduct continuing research and development program for the necessary and relevant alternative
education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be
employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions -
"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at
the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act or the employer of the subcontractor
who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the
penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years, or both such fine and imprisonment at the discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in Persons
Act of 2003": Provided, That Such penalty shall be imposed in its maximum period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with R.A.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
"e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers,
which include the president, treasurer and secretary of the said corporation who participated in or
knowingly allowed the violation, shall be penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B
and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than
One hundred thousand pesos (P100,000.00), or be required to render community service for not less than
thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion of
the court: Provided, That the maximum length of community service shall be imposed on parents or legal
guardians who have violated the provisions of this Act three (3) times; Provided, further, That in addition to
the community service, the penalty of imprisonment of thirty (30) days but not more than one (1) year or
135
both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated
the provisions of this Act more than three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due
notice and hearing, order the closure of any business firm or establishment found to have violated any of
the provisions of this Act more than three (3) times. He/she shall likewise order the immediate closure of
such firm or establishment if:
"(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of
a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and
other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new section to be denominated as
Section 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a
Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the
needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working
children who are victims of the violations of this Act, and for the programs and projects that will prevent
acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is residing or employed;
or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be
denominated as Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses
punishable under this Act: Provided, That in cities or provinces where there are no family courts yet, the
regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the
penalties prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30)
days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the corresponding information shall be
filed in court within forty eight (48) hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date
of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from
the date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall
have the right to free legal, medical and psycho-social services to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in
coordination with the Committees on Labor and Employment of both Houses of Congress, shall issue the
necessary Implementing Rules and Regulations (IRR) to effectively implement the provisions of this Act, in
consultation with concerned public and private sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
validity of the remaining provisions hereof shall remain in full force and effect.
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication
in the Official Gazette or in at least two (2) national newspapers of general circulation.
136
Republic Act No. 9995
AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the dignity and privacy of every human person and
guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy
the honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act, the term:
(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a
person or persons.
(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or
broadcast.
(c) "Female breast" means any portion of the female breast.
(d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity or of capturing an image of the private area of a
person or persons without the latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record or take photo or video coverage of same was
given by such person's.
(e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or
female breast of an individual.
(f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that
he/she could disrobe in privacy, without being concerned that an image or a private area of the person was
being captured; or circumstances in which a reasonable person would believe that a private area of the
person would not be visible to the public, regardless of whether that person is in a public or private place.
Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar
activity or to capture an image of the private area of a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast without the consent of the person/s involved and under
circumstances in which the person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of
sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such person/s. Any person who violates this provision
shall be liable for photo or video voyeurism as defined herein.
Section 5. Penalties. - The penalty of imprisonment of not less that three (3) years but not more than
seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than
Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon
any person found guilty of violating Section 4 of this Act.
If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and
the persons liable shall be the officers thereof including the editor and reporter in the case of print media,
and the station manager, editor and broadcaster in the case of a broadcast media.
If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.
If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence
and payment of fines.
Section 6. Exemption. - Nothing contained in this Act, however, shall render it unlawful or punishable for
any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof
as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided,
That such written order shall only be issued or granted upon written application and the examination under
oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there
are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be
committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the
solution or prevention of such, crime.
137
Section 7. Inadmissibility of Evidence. - Any record, photo or video, or copy thereof, obtained or secured
by any person in violation of the preceding sections shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing or investigation.1avvphi1
Section 8. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
remaining provisions not affected thereby shall remain valid and subsisting.
Section 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction , administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act
is hereby repealed, modified or amended accordingly.
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two(2) newspapers of general circulation.
REPUBLIC ACT NO. 9999
AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE 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 "Free Legal Assistance Act of 2010".
Section 2. Declaration of Policy. - It is the declared policy of the State to value the dignity of every human
person and guarantee the rights of every individual, particularly those who cannot afford the services of
legal counsel.
Furthermore, it is the policy of the State to promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies and programs
that provide adequate social services and improve the quality of life for all.
In addition, the State shall guarantee free legal assistance to the poor and ensure that every person who
cannot afford the services of a counsel is provided with a competent and independent counsel preferably
of his/her own choice, if upon determination it appears that the party cannot afford the services of a
counsel, and that services of a counsel are necessary to secure the ends of justice and protect of the
party.
Section 3. Definition of Terms. - As provided for in this Act, the term legal services to be performed by a
lawyer refers to any activity which requires the application of law, legal procedure, knowledge, training and
experiences which shall include, among others, legal advice and counsel, and the preparation of
instruments and contracts, including appearance before the administrative and quasi-judicial offices,
bodies and tribunals handling cases in court, and other similar services as may be defined by the Supreme
Court.
Section 4. Requirements for Availment. - For purposes of availing of the benefits and services as
envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public
Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court
indicating that the said legal services to be provided are within the services defined by the Supreme Court,
and that the agencies cannot provide the legal services to be provided by the private counsel.
For purpose of determining the number of hours actually provided by the lawyer and/or professional firm in
the provision of legal services, the association and/or organization duly accredited by the Supreme Court
shall issue the necessary certification that said legal services were actually undertaken.
The certification issued by, among others, the PAO, the DOJ and other accredited association by the
Supreme Court shall be submitted to the Bureau of Internal Revenue (BIR) for purposes of availing the tax
deductions as provided for in this Act and to the DOJ for purposes of monitoring.
Section 5. Incentives to Lawyers. - For purposes of this Act, a lawyer or professional partnerships
rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable
deduction from the gross income, the amount that could have been collected for the actual free legal
services rendered or up to ten percent (10%) of the gross income derived from the actual performance of
the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated
shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent
litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR
Matter No. 2012, issued by the Supreme Court.
Section 6. Information, Education and Communication (IEC) Campaign. - The DOJ, in cooperation with
the Philippine Information Agency (PIA), is hereby mandated to conduct an annual IEC campaign in order
to inform the lawyers of the procedures and guidelines in availing tax deductions and inform the general
public that a free legal assistance to those who cannot afford counsel is being provided by the
State.1avvph!1
Section 7. Reportorial Requirement. - For purposes of determining the effectiveness and social impact of
the provisions of this Act, the DOJ shall submit an annual report to both Houses of Congress indicating
therewith the number of parties who benefited from this Act.
The report shall state in detail, among others, the geographic location, demographic characteristics and
socioeconomic profile of the beneficiaries of this Act.
Section 8. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the date effectivity of
this Act, the BIR shall formulate the necessary revenue regulations for the proper implementation of the tax
component as envisioned in this Act.
The Supreme Court shall formulate the necessary implementing rules and regulations with respect to the
legal services covered under this Act and the process of accreditation of organizations and/or associations
which will provide free legal assistance.
138
Section 9. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid, the
other provisions not affected by such declaration shall remain in full force and effect.
Section 10. Repealing Clause. - Any law, decree, ordinance or administrative circular not consistent with
any provision of this Act is hereby amended, repealed or modified accordingly.
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers of general circulation.
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER
AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO
MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS
AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known
as the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the
Republic of the Philippines, it is the declared policy of the State to promote a just and dynamic
social order that will ensure 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. In the Declaration of Principles and
State Policies in Article II, Sections 10 and 11, it is further declared that the State shall provide
social justice in all phases of national development and that the State values the dignity of
every human person and guarantees full respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at affordable cost. There
shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and
children. Article XV, Section 4 of the Constitution Further declares that it is the duty of the
family to take care of its elderly members while the State may design programs of social
security for them.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
 "(a) To recognize the rights of senior citizens to take their proper place in society and make it a
concern of the family, community, and government;
"(b) To give full support to the improvement of the total well-being of the elderly and their full
participation in society, considering that senior citizens are integral part of Philippine society;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(d) To encourage their families and the communities they live with to reaffirm the valued
Filipino tradition of caring for the senior citizens;
"(e) To provide a comprehensive health care and rehabilitation system for disabled senior
citizens to foster their capacity to attain a more meaningful and productive ageing; and
"(f) To recognize the important role of the private sector in the improvement of the welfare of
senior citizens and to actively seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the senior citizens are maximized;
"(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
"(3) establish a program beneficial to the senior citizens, their families and the rest of the
community they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens in
every political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known
as the Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60)
years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and
physical changes and the diseases of old age;
139
"(c) Lodging establishment refers to a building, edifice, structure, apartment or house including
tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or
providing facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional services of physicians and other
health care professionals and diagnostics and laboratory tests that the necessary for the
diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions
and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the
alveolar or periodontium process of the maxilla and the mandible that are necessary for the
diagnosis or treatment of an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior
citizen: Provided, That where no spouse survives the decedent, this shall be limited to relatives
in the following order of degree of kinship: children, parents, siblings, grandparents,
grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the senior citizen
patient at home by licensed health care professionals to include, but not limited to, physicians,
nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and
without pension or permanent source of income, compensation or financial assistance
from his/her relatives to support his/her basic needs, as determined by the Department
of Social Welfare and development (DSWD) in consultation with the National
Coordinating and Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as
the "Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax
(VAT), if applicable, on the sale of the following goods and services from all establishments,
for the exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal
vaccines, and such other essential medical supplies, accessories and equipment to be
determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of
burden of discounts among retailers, manufacturers and distributors, taking into
consideration their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities,
outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health care
services as endorsed by private hospitals or employed through home health care
employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals,
medical facilities, outpatient clinics, and home health care services, in accordance with the
rules and regulations to be issued by the DOH, in coordination with the Philippine Health
Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility
jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways,
including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National
Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping vessels
and the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments, restaurants
and recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses,
leisure and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of
water and electricity supplied by the public utilities: Provided, That the individual meters for
the foregoing utilities are registered in the name of the senior citizen residing
therein: Provided, further, That the monthly consumption does not exceed one hundred
kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided,
furthermore, That the privilege is granted per household regardless of the number of senior
citizens residing therein;
140
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography scans and blood tests, in all government
facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen patients;
"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post
tertiary, vocational and technical education, as well as short-term courses for retooling in
both public and private schools through provision of scholarships, grants, financial aids,
subsides and other incentives to qualified senior citizens, including support for books,
learning materials, and uniform allowances, to the extent feasible: Provided, That senior
citizens shall meet minimum admission requirements;
"(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social Security
System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual
service;
"(i) retirement benefits of retirees from both the government and the private sector shall
be regularly reviewed to ensure their continuing responsiveness and sustainability, and to
the extent practicable and feasible, shall be upgraded to be at par with the current scale
enjoyed by those in actual service;
"(j) to the extent possible, the government may grant special discounts in special
programs for senior citizens on purchase of basic commodities, subject to the guidelines
to be issued for the purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given
to the nearest surviving relative of a deceased senior citizen which amount shall be subject to
adjustments due to inflation in accordance with the guidelines to be issued by the
DSWD.1avvphi1
"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized
representative, may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place
where the senior citizen resides: Provided, That the identification card issued by the particular
OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at
least sixty (60) years of age as further provided in the implementing rules and regulations.
"In the purchase of goods and services which are on promotional discount, the senior citizen can
avail of the promotional discount or the discount provided herein, whichever is higher.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section
as tax deduction based on the cost of the goods sold or services rendered: Provided, That the
cost of the discount shall be allowed as deduction from gross income for the same taxable year
that the discount is granted: Provided, further, That the total amount of the claimed tax deduction
net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall
be subject to proper documentation and to the provisions of the National Internal Revenue Code
(NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or be re-employed, shall be
provided information and matching services to enable them to be productive members of
society. Terms of employment shall conform with the provisions of the Labor Code, as
amended, and other laws, rules and regulations.
"Private entities that will employ senior citizens as employees, upon the effectivity of this Act,
shall be entitled to an additional deduction from their gross income, equivalent to fifteen
percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the
provision of Section 34 of the NIRC, as amended: Provided, however, That such employment
shall continue for a period of at least six (6) months: Provided, further, That the annual income
of the senior citizen does not exceed the latest poverty threshold as determined by the
National Statistical Coordination Board (NSCB) of the National Economic and Development
Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in coordination with other government
agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC)
and the Department of Trade and Industry (DTI), shall assess, design and implement training
programs that will provide skills and welfare or livelihood support for senior citizens.
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"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development
Authority (TESDA) and the Commission on Higher Education (CHED), in consultation with
nongovernmental organizations (NGOs) and people's organizations (POs) for senior citizens,
shall institute programs that will ensure access to formal and nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior
citizens, shall institute a national health program and shall provide an integrated health
service for senior citizens. It shall train community-based health workers among senior
citizens and health personnel to specialize in the geriatric care and health problems of senior
citizens.
"The national health program for senior citizens shall, among others, be harmonized with the
National Prevention of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every
government hospital. This geriatric ward shall be for the exclusive use of senior citizens who
are in need of hospital confinement by reason of their health conditions. However, when
urgency of public necessity purposes so require, such geriatric ward may be used for
emergency purposes, after which, such "senior citizens' ward" shall be reverted to its nature
as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity,
water, and telephone by the senior citizens center and residential care/group homes that are
government-run or non-stock, non-profit domestic corporation organized and operated
primarily for the purpose of promoting the well-being of abandoned, neglected, unattached,
or homeless senior citizens, subject to the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens opportunities for
socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the homes or
institutions for the aged, especially those who have problems of reintegration with family and
community, wherein both the senior citizens and their families are provided with counseling;
"(3) "neighborhood support services" wherein the community or family members provide
caregiving services to their frail, sick, or bedridden senior citizens; and
 "(4) "substitute family care " in the form of residential care or group homes for the
abandoned, neglected, unattached or homeless senior citizens and those incapable of
self-care.
"(e) Housing
"The national government shall include in its national shelter program the special housing
needs of senior citizens, such as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications (DOTC) shall develop a
program to assist senior citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or nongovernmental institution caring for
or establishing homes, residential communities or retirement villages solely for, senior citizens,
as follows:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
"(2) priority in the construction or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos
(Php500.00) to augment the daily subsistence and other medical needs of senior citizens, subject
to a review every two (2) years by Congress, in consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the national health insurance program of
PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the necessary
funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent
laws and regulations.
"(3) Social Safety Nets
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"Social safety assistance intended to cushion the effects of economics shocks, disasters and
calamities shall be available for senior citizens. The social safety assistance which shall include,
but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced
from the disaster/calamity funds of LGUs where the senior citizens reside, subject to the
guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all
cities and municipalities an OSCA to be headed by a senior citizen who shall be appointed
by the mayor for a term of three (3) years without reappointment but without prejudice to an
extension if exigency so requires. Said appointee shall be chosen from a list of three (3)
nominees as recommended by a general assembly of senior citizens organizations in the
city or municipality.
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall
not be removed or replaced except for reasons of death permanent disability or ineffective
performance of his duties to the detriment of fellow senior citizens.
"The head of the OSCA shall be entitled to receive an honorarium of an amount at least
equivalent to Salary Grade 10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social Welfare and Development officer
or by the Municipal Social Welfare and Development Officer, in coordination with the Social
Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans,
activities and programs for senior citizens. The OSCA shall work together and establish
linkages with accredited NGOs Pos and the barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of
this Act;
"(b) To draw up a list of available and required services which can be provided by the senior
citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to
issue national individual identification cards, free of charge, which shall be valid anywhere in
the country;
"(d) To serve as a general information and liason center for senior citizens;
 "(e) To monitor compliance of the provisions of this Act particularly the grant of special
discounts and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions or agency
found violating any provision of this Act; and
"(g) To assist the senior citizens in filing complaints or charges against any individual,
establishments, business entity, institution, or agency refusing to comply with the privileges under
this Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional
or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the
government or violates any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6)
years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not exceeding One
hundred thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than
six (6) years and a fine of not less than One Hundred thousand pesos (Php100,000.00) but not
exceeding Two hundred thousand pesos (Php200,000.00); and
"(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of
not less than six (6) months and a fine of not less than Fifty thousand pesos (Php50,000.00) but
not more than One hundred thousand pesos (Php100,000.00).
"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof
directly involved such as the president, general manager, managing partner, or such other officer
charged with the management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of
sentence.
"Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities
may also cause the cancellation or revocation of the business permit, permit to operate, franchise
and other similar privileges granted to any person, establishment or business entity that fails to
abide by the provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
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"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring
Board shall be established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local Government
(DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the
DSWD and have service primarily for senior citizens. Representatives of NGOs shall serve a
period of tree (3) years.
"The Board may call on other government agencies, NGOs and Pos to serve as resource
persons as the need arises. Resource person have no right to vote in the National
Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act, the
Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations
implementing Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives of
this Act, in consultation with the Department of Finance, the Department of Tourism, the Housing and
Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the
DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior citizens
duly accredited by the DSWD. The guidelines pursuant to Section 4(a)(i) shall be established by the DOH
within sixty (60) days upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the
OSCA shall be appropriated and approved by the LGUs concerned. For national government agencies,
the requirements to implement the provisions of this Act shall be included in their respective budgets:
Provided, That the funds to be used for the national health program and for the vaccination of senior
citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the
subsequent General Appropriations Act (GAA): Provided, further, That the monthly social pension for
indigent senior citizens in the first year of implementation shall be added to the regular appropriations of
the DSWD budget in the subsequent GAA.
uniMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO KNOWN AS
THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS
AND PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432 OF 1992
AS AMENDED BY REPUBLIC ACT NO. 9257 OF 2003
RULE I
TITLE, PURPOSE AND CONSTRUCTION
Article 1. Title. - These Rules shall be known and cited as the Implementing Rules and Regulations of
Republic Act No. 9994, otherwise known as the "Expanded Senior Citizens Act of 2010."
Section 2. Consonant with these constitutional policies and RA 9994, these Rules shall serve the following
objectives:
a) To recognize the rights of senior citizens to take their proper place in society and make them a concern
of the family, community, and government;
b) To give full support to the improvement of the total well-being of the elderly and their full participation as
an integral part of Philippine society;
c) To motivate and encourage the senior citizens to contribute to nation building;

Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter referred to as the Act), these Rules d) To encourage their families and the communities they live in to reaffirm and apply the valued Filipino
and Regulations are promulgated to prescribe the procedures and guidelines for its implementation, in traditions of caring for the senior citizens;
order to facilitate compliance with the Act and to achieve its objectives.
e) To provide a comprehensive health care and rehabilitation system for senior citizens with disability to
Article 3. Construction. - These Rules shall be construed and applied in accordance with and in foster their capacity to attain a more meaningful and productive ageing; and
furtherance of the policies and objectives of the law. In case of conflict or ambiguity, the same shall be
construed liberally and in favor of the senior citizens.
f) To recognize the important role of the private and the non-government sector in the improvement of the
welfare of senior citizens and to actively seek their partnership.
RULE II
DECLARATION OF POLICIES AND OBJECTIVES
Section 3. In conformity with these objectives, these Rules shall:

Article 4. Declaration of Policies and Objectives. -

a) Establish mechanisms whereby the contributions of the senior citizens are maximized;

Section 1. As provided in the Constitution of the Philippines:

b) Adopt measures whereby our senior citizens are assisted and appreciated by the community as a
whole;
a) It is the declared policy of the State to promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that provide
c) Establish programs beneficial to the senior citizens, their families and the rest of the community that
adequate social services, promote full employment, a rising standard of living, and an improved quality of
they serve; and
life for all.

d) Establish community-based health and rehabilitation programs in every political unit of society.
b) It is further declared that the State shall promote social justice in all phases of national development and
values the dignity of every human person and guarantees full respect for human rights.
RULE III
DEFINITION OF TERMS
c) In all matters relating to the care, health, and benefits of the elderly, the State shall adopt an integrated
and comprehensive approach to health development which shall endeavor to make essential goods,
health and other social services available to all people at affordable costs giving priority for the needs of Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as follows:
the underprivileged sick, elderly, disabled, women and children.
5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen who is a resident of the Philippines,
d) Further, it is declared that though the family has the duty to take care for its elderly members, the State and who is sixty (60) years old or above. It may apply to senior citizens with "dual citizenship" status
may also help through just programs of social security. provided they prove their Filipino citizenship and have at least six (6) months residency in the Philippines.

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5.2 BENEFACTOR - refers to any person whether related or not to the senior citizen who provides care or
who gives any form of assistance to him/her, and on whom the senior citizen is dependent on for primary
care and material support, as certified by the City or Municipal Social Welfare and Development Officer
(C/MSWDO).
5.3 GERIATRICS - refers to the branch of medical science devoted to the study, management and
treatment of the biological and physical changes, and the diseases of old age.
5.4 GERONTOLOGY - is the scientific study of the biological, psychological, and sociological phenomena
associated with old age and ageing and in determining answers about the normal aging process rather
than the diseases of old age. It is also the scientific study of the processes of aging from many disciplines,
including social work, anthropology, biology, history, sociology, psychology, and demography.
5.5 IDENTIFICATION DOCUMENT - refers to any document or proof of being a senior citizen which may
be used for the availment of benefits and privileges under the Act and its Rules. It shall be any of the
following:
a) Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in the city or
municipality where the elderly resides;
b) The Philippine passport of the elderly person or senior citizen concerned; and
c) Other valid documents that establish the senior citizen or elderly person as a citizen of the Republic and
at least sixty (60) years of age, which shall include but not be limited to the following government-issued
identification documents indicating an elderly's birthdate or age: driver's license, voters ID, SSS/GSIS ID,
PRC card, postal ID.
5.6 LODGING ESTABLISHMENT - refers to a building, edifice, structure, apartment, or house including
tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing, or providing facilities
to transients, tourists, or travelers, duly licensed with business permit and/or franchised by the national
government agencies or the local government units.
5.7 HOTEL/HOSTEL - refers to an establishment whose building, edifice or premises, including a
completely independent part thereof such as cottages, cabanas, or huts, are used for the regular reception,
accommodation or lodging of travelers, tourists, or vacationers, and provides other services incidental
thereto for a fee;
5.8 RESTAURANT - refers to any establishment duly licensed and with business permits issued by the
local government units, offering to the public, regular and special meals or menu, fast food, cooked food
and short orders. Such eating-places may also serve coffee, beverages and drinks. This covers
Quick-Service Restaurants or QSRs, Casual Dining and Fine Dining Restaurants as defined below:
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a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to restaurants with multiple branches that
have menu boards where food item choices are listed. Customers place their orders with the cashier and
pay right after their orders are taken.
b) CASUAL and FINE DINING RESTAURANTS - are restaurants where customers are seated first before
their food orders are taken by waiters. They are served at their tables and pay only after they have
consumed their meals.
5.9 MEDICINES - refer to prescription and non-prescription/over-the-counter drugs, both generic and
branded, including vitamins and mineral supplements medically prescribed by the elderly's physician, and
approved by the Department of Health (DOH) and the Food and Drug Administration (FDA), which are
intended for use in the diagnosis, cure, mitigation, treatment or prevention of human disease or sickness. It
does not include food, devices or their components, parts, or accessories.
5.10 MEDICAL SERVICES - refer to public and private hospital services, professional services of
physicians and other health care professionals, and diagnostic and laboratory tests that are requested by a
physician as necessary for the diagnosis and/or treatment of an illness or injury.
5.11 DENTAL SERVICES - refer to oral examination, cleaning, permanent and temporary filling,
extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the
alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis
and/or treatment of a dental illness or injury.
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic examinations that are necessary
for the diagnosis and/or treatment of an illness and injury, including but not limited to X-ray, CT scans,
ECG, 2D Echo, gastroenterology, blood chemistry exams, histopathology and immunopathology,
hematology, urine analysis, parasitology and bacteriology test, and serology.
5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the office established in cities and
municipalities under the Office of the Mayor headed by a senior citizen.
5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any private entity, which is non-profit
and voluntary in nature dedicated to the promotion, enhancement and support of the welfare of senior
citizens, duly registered with any regulatory body.
For purposes of the Act and its Rules, an ACCREDITED NGO refers to any private non-stock non-profit
organization, regional or national in scope, mainly providing services for senior citizens, duly registered
with the Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), or any
appropriate government regulatory body and registered or licensed with, and with programs accredited by,
the Department of Social Welfare and Development (DSWD).
5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social welfare and development association
with a bonafide membership, an identifiable leadership and an organizational structure that has
demonstrated its capacity to promote the public interest and engage in social welfare and development
activities. As part of the civil society movement, it is composed of a specific population or sector, like the
senior citizens, and seeks to represent the interest of its members.
5.16 SENIOR CITIZENS CENTER - refers to the place established by Republic Act No. 7876 or the Senior
Citizens Center Act, with recreational, educational, health and social programs and facilities designed for
the full enjoyment and benefit of the senior citizens in the city or municipality accredited by the DSWD. It
can be any available structure, a spacious room in a private or public building, a room attached to a
community center, a barangay hall or chapel.
5.17 RETIREMENT VILLAGE - refers to an independent-living facility, often with continuing-care
amenities. It refers to a residential community offering separate or autonomous houses for residents. It is a
retirement habitat with a multi-residence housing facility that is planned, designed and geared towards
people who no longer work and are restricted to a certain age. It has particular conveniences catering to
the wishes and desires of retirees, which may include services such as clubhouses, swimming pools, arts
and crafts, boating, walking trails, golf courses, active adult retail and on-site medical services.
5.18 GROUP HOMES - refer to a community-based alternative living arrangement to institutional care. It
can be a transit home for a definite period for neglected older persons while the necessary services of
locating relatives and care management is ongoing. It envisions responding to the needs of the senior
citizens who have been abandoned, have no families to return to or to whose family reunification is not
suitable, and are assessed to be needing group living experience. The program enables a minimum of 6
and a maximum of 10 clients discharged from a residential care facility to live together and manage their
group living activities with minimal supervision from the agency social worker.
5.19 FOSTER CARE - refer to a social work intervention which provides for a planned substitute or
alternative family care by a licensed foster family to a neglected, abandoned, unattached and poor older
person.
5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides twenty-four (24) hour residential
care services operated primarily for the purpose of promoting the well-being of abandoned, neglected,
unattached or homeless senior citizens. The facility may be run by government or non-stock non-profit
organization and is accredited by the DSWD to serve a minimum of 10 clients.
5.21 AFTER CARE SERVICES - refer to the provision of interventions, approaches, and strategies with
the end goal of ensuring effective reintegration of older persons discharged from residential facilities.
5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and canned fish and other marine
products, fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk, fresh vegetables, root
crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by the
DOH and other commodities as maybe classified by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA) according to Republic Act No. 7581 or the Price Act.
5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried, processed and canned pork, beef and
poultry, meat, dairy products not falling under basic necessities; noodles, onions, garlic, and all drugs not
146
classified as essential drugs by the DOH and other commodities that may be classified by the DTI and the
DA according to Republic Act No. 7581 or The Price Act.
5.24 NEAREST SURVIVING RELATIVE - refers to the closest person related to the deceased senior
citizen by blood or affinity, such as the legal spouse who survives the deceased senior citizen: Provided,
That where no spouse survives the decedent, this shall be limited to relatives in the following order of
degree of kinship: children, parents, siblings, grandchildren, uncles and aunts.
5.25 HOME HEALTH CARE SERVICE - refers to health or supportive care provided to the senior citizen
patient at home by TESDA-certified caregivers or licensed health care professionals to include, but not
limited to, physicians, nurses, midwives, and physical therapists.
5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail, sickly, or with disability, and without
pension or regular source of income, compensation or financial assistance from his/her relatives to support
his/her basic needs, as determined by the DSWD in consultation with the National Coordinating and
Monitoring Board (NCMB).
RULE IV
PRIVILEGES FOR THE SENIOR CITIZENS
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits and privileges
under the Act and these Rules, the senior citizen, or his/her duly authorized representative, shall present
as proof of eligibility, a valid and original Senior Citizens' Identification Card issued by the Head of the
Office of Senior Citizens Affairs (OSCA) of the place where the senior citizen resides, and which shall be
honored nationwide.
Article 7. Twenty Percent (20%) Discount and VAT Exemption - The senior citizens shall be entitled to the
grant of twenty percent (20%) discount and to an exemption from the value-added tax (VAT), IF
APPLICABLE, on the sale of the goods and services covered by Section 1 to 6 of this Article, from all
establishments for the exclusive use and enjoyment or availment of senior citizens.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall
come up with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules that shall cover among others, new
invoicing procedures, reportorial requirements, and a system for claiming tax deductions.
Section 1. MEDICAL_RELATED PRIVILEGES
(a) MEDICINE AND DRUG PURCHASES - The 20% discount and VAT exemption shall apply to the
purchase of generic or branded medicines and drugs by or for senior citizens, including the purchase of
influenza and pneumococcal vaccines. The 20% discount and VAT exemption shall also be granted to the
purchase of vitamins and mineral supplements which are medically prescribed by an attending physician
for prevention and treatment of diseases, illness, or injury.
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND EQUIPMENT - The 20% discount and VAT
exemption privilege shall also apply to the purchase of eyeglasses, hearing aids, dentures, prosthetics,
artificial bone replacements like steel, walkers, crutches, wheelchairs whether manual or electric-powered,
canes/quad canes, geriatric diapers, and other essential medical supplies, accessories and equipment by
or for senior citizens.
The purchase under Sections 1 (a) and (b) from drug stores, hospital pharmacies, medical and optical
clinics and similar establishments including non-traditional outlets dispensing medicines, shall be subject
to guidelines that shall be issued by the DOH within thirty (30) days from effectivity of these Rules, in
coordination with the Food and Drug Administration (FDA) and the Philippine Health Insurance
Corporation (PHILHEALTH). Said guidelines shall also indicate what constitutes discounted essential
medical supplies, accessories and equipment as contemplated by Section 1 (b), and will be subjected to a
regular review as deemed necessary in keeping with the changes, demands and needs of senior citizens.
The guidelines issued by the DOH, in consultation with the DOF and the BIR, shall also establish
mechanisms of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers
and distributors, taking into consideration their respective margins. When necessary, the DOF and the BIR
shall come up with the appropriate Revenue Regulations for this purpose.
(c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE FACILITIES - Medical and dental services,
diagnostic and laboratory tests such as but not limited to X-Rays, computerized tomography scans, and
blood tests, that are requested by a physician as necessary for the diagnosis and/or treatment of an illness
or injury are subjected to the 20% discount and VAT exemption.
(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in the public railways including LRT, MRT,
and PNR, fares in buses (PUB), jeepneys (PUJ), taxi and shuttle services (AUV), are likewise subject to
the 20% discount and VAT exemption, if applicable.
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND PLACES OF LEISURES, AND
FUNERAL SERVICES
The Department of Interior and Local Government (DILG) and Department of Tourism (DOT) shall, within
thirty (30) days from effectivity of these Rules, issue the necessary circulars or directives to establishments
for its implementation to ensure compliance herewith.
(a) HOTELS AND SIMILAR LODGING ESTABLISHMENTS - The discount shall be for room
accommodation and other amenities offered by the establishment such as but not limited to hotel-based
parlors and barbershops, restaurants, massage parlor, spa, sauna bath, aromatherapy rooms, workout
gyms, swimming pools, Jacuzzis, ktv bars, internet facilities, food, drinks and other services offered. The
term "hotel" shall include beach and mountain resorts,
(b) RESTAURANTS - The discount shall be for the purchase of food, drinks, dessert, and other
consumable items served by the establishments offered for the consumption of the general public.
(c) For Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2 of Article 7,
the privilege must be personally availed of by the senior citizen as defined under these Rules, and no
proxies or authorization in favor of another person who is not a senior citizen will be honored.

(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all private hospitals, medical facilities,
(d) Consistent with the intent of the Act, the phrase "exclusive use and enjoyment" of the senior citizen
outpatient clinics and home health care facilities shall be subjected to the 20% discount and VAT
shall mean "for the senior citizen's personal consumption" only. As such, the 20% senior citizen discount
exemption.
shall not apply to "children's meals" which are primarily prepared and intentionally marketed for children.
Similarly, the 20% senior citizen discount shall not apply to "pre-contracted" party packages or bulk orders.
(e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS PROVIDING HOME HEALTH CARE
SERVICES as endorsed by private hospitals or employed through home health care employment agencies
(e) Food, drinks and other consumable items provided in Section 3 (a) and (b), and Section 4, paragraph 2
are entitled to the 20% discount and VAT exemption. The burden of the discount shall be borne solely by
of Article 7 purchased by the senior citizen shall be processed separately as an independent transaction
the employment agency given the health worker's very minimal share compared to the agency fee.
from his/her non-eligible companions to ensure that it is for his/her exclusive consumption and to enable
computation of the 205 discount and the exemption from the Value Added Tax (VAT), which only the
Section 2. DOMESTIC TRANSPORTATION PRIVILEGES senior citizen is entitled to.

The Department of Transportation and Communication (DOTC), in coordination with the Maritime Industry However, if the group of diners is composed entirely of senior citizens, all of whom present valid senior
Authority (MARINA), Philippine Ports Authority (PPA), the Civil Aeronautics Board (CAB), Light Rail Transit citizens IDs, each shall be entitled to a 20% discount and exemption from Value Added Tax.
Authority (LRTA), Philippine National Railways (PNR), Mass Rail Transit Authority (MRTA) and Land
Transportation Franchising and Regulatory Board (LTFRB), shall within thirty (30) days from effectivity of
(f) The 20% discount shall apply to Take-Out/Take-Home/Drive-Thru orders as long as it is the senior
these Rules issue the necessary circulars or directives on the following transportation privileges of senior
citizen himself/herself who is present and personally ordering, and he/she can show a valid senior citizen
citizens:
ID card.

(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for domestic air, and sea travel, including \f0
advanced booking, shall be subject to the 20% discount and VAT exemption, if applicable.
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(g) For Delivery Orders, the 20% discount shall likewise apply subject to certain conditions; i.e. senior
citizen ID card number must be given while making the order over the telephone; the senior citizen ID card
must also be presented upon delivery to verify the identity of the senior citizen entitled to the 20% discount.
(h) For the above-mentioned transactions under paragraphs (f) and (g) of Section 3 of Article 7, the Most
Expensive Meal Combination (MEMC) shall apply to food purchases by senior citizens. The MEMC is an
amount corresponding to the combination of the most expensive and biggest single-serving meal with
beverage served in a quick service restaurant, is deemed flexible and is adjusted accordingly by food
establishments to estimate a single food purchase for an individual senior citizen.
Section 4. RECREATION CENTERS - The discount shall be for the utilization of services in the form of
fees, charges and rental for sport facilities or equipment, including golfcart rentals and green fees, or
venues for ballroom dancing, yoga, badminton courts, bowling lanes, table or lawn tennis, workout gyms,
martial arts facilities.
Non-profit, stock golf and country clubs which are not open to the general public, and are private and for
exclusive membership only as duly proven by their official Securities and Exchange (SEC) registration
papers, are not mandated to give the 20% senior citizens discount. However, should restaurants and food
establishments inside these country clubs be independent concessionaires and food sold are not
consumable items under club membership dues, they must grant the 20% senior citizen discount.
Section 5. ADMISSION FEES PRIVILEGE - The discount shall be applied to admission fees charged by
theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure
and amusement such as museums and parks.
Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or any person who shall shoulder the
funeral and burial expenses of the deceased senior citizen, shall claim the discount under this Rule for the
deceased senior citizen upon presentation of the death certificate. Such expenses shall cover the
purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the
place of origin, but shall exclude obituary publication and the cost of the memorial lot.
Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT exemption shall also apply to
purchases of goods and services by senior citizens paying through credit cards.
Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and services which are on promotional
discount, the senior citizen can avail of the establishment's offered discount or the 20% discount provided
herein, whichever is higher and more favorable.
In cases where the senior citizen is also a person with disability (PWD) entitled to a 20% discount under
his/her valid PWD identification card (ID), the senior citizen shall use either his/her OSCA-issued ID card
or PWD ID card to avail of the 20% discount.
Article 10. TAX DEDUCTION - The establishment may claim the discounts provided herein as tax
deductions based on the cost of the goods sold or services rendered: Provided. That the cost of the
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discount shall be allowed as deduction from the gross income for the same taxable year that the discount
is granted: Provides, further, That the total amount of the claimed tax deduction net of VAT, if applicable,
shall be included in their gross sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall
come up with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules.
Article 11. OTHER PRIVILEGES
Section 1. INCOME TAX EXEMPTION - The senior citizen shall be entitled to exemption from the
payment of the individual income tax, provided he/she is considered to be minimum wage earner in
accordance with Republic Act No. 9504.
Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen shall be exempted from training
fees for socio-economic programs conducted by private and government agencies subject to the
guidelines to be issued within thirty (30) days from effectivity of these Rules by the DTI, the Department of
Labor and Employment (DOLE), the DA, the Technical Education and Skills Development Authority
(TESDA) and the Department of Science and Technology - Technology Resource Center (DOST-TRC).
Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT FACILITIES - Medical and
dental services, diagnostic and laboratory tests requested by the physician such as but not limited to
X-rays, computerized tomography scans, and blood tests availed of by senior citizens, including
professional fees of attending doctors in all government hospitals, medical facilities, outpatient clinics, and
home health care services, shall be provided free of charge to senior citizens. These shall be in
accordance with the rules and regulation to be issued by the DOH, in coordination with the PHILHEALTH.
Section 4. FREE VACCINATION FOR INDIGENT SENIOR CITIZENS - The DOH shall, subject to
technical and operational guidelines which it shall issue not later than thirty (30) days from effectivity of
these Rules, administer free vaccinations against the influenza virus and pneumococcal disease for
indigent senior citizen patients. Neglected, abandoned, unattached or homeless senior citizens in
government-run residential homes, centers and facilities shall likewise be entitled to free vaccinations
under these Rules.
The DOH shall enjoin all government and private hospitals, as well as other health facilities to post, publish
or print out a schedule of health benefits and privileges i.e., laboratory and diagnostic test fees, which
should be regularly updated. These postings and publications shall be clearly identified in the guidelines.
Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall be granted to senior citizens to
pursue post secondary, post tertiary, as well as vocational or technical education in both public and private
schools through provision of scholarships, grants, financial aid, subsidies and other incentives to qualified
senior citizens, including support for books, learning materials, and uniform allowance, to the extent
feasible: Provided, that senior citizens shall meet minimum admission requirements.
Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent practicable and feasible, the
senior citizen shall be granted the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case
may be, as are enjoyed by those in active service.
Retirement benefits of retirees from both the government and the private sector shall be regularly reviewed
every year to ensure their continuing responsiveness and sustainability, and to the extent practicable and
feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service based on
National Economic and Development Authority (NEDA) poverty threshold per region as determined by the
National Statistical Coordination Board (NSCB).
Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN SPECIAL PROGRAMS - To the
extent possible, the government may grant special discounts in special programs for senior citizens on
purchase of basic necessities and prime commodities, subject to the guidelines to be issued for the
purpose by the DTI and the DA within (30) days from effectivity of these Rules. Provided, That such special
programs and their guidelines shall be developed by the concerned department within the concerned
department's jurisdiction.
Section 8. EXPRESS LANES PRIVILEGES - Accessible express lanes for senior citizens shall be
provided in all private, banking, commercial, and government establishments; in the absence thereof,
priority shall be given to them.
Article 12. UTILITY DISCOUNTS
Section 1. Five (5%) Discount - The grant of a minimum of five percent (5%) discount relative to the
monthly utilization of water and electricity by households with senior citizens; Provided, That the individual
meters for the foregoing utilities are registered in the name of the senior citizen residing therein: provided,
further, that the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity
and thirty cubic meters (30m') of water: Provided, furthermore, that the privilege is granted per household
regardless of the number of senior citizens residing therein.
To avail of the discount under this Section, the senior citizen shall:
1. Apply for the discount personally or thru a representative. There shall be annual renewal of application
to the utility provider.
2. Submit requirements.
a. Proof of age and citizenship
b. Proof of billing. Meter registration should be in the name of the senior citizen for a period of one year
c. Proof of residence
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Section 2. Fifty (50%) Discount - The grant of a 50% discount an all electricity, water, telephone
consumption for DSWD-accredited senior citizens centers and residential care institutions or group homes
that are government-run or organized and operated by non-stock, non-profit domestic corporations,
primarily for the purpose of promoting the well-being of abandoned, neglected, unattached or homeless
senior citizens.
Such senior citizens centers and residential care or group homes must have been in operation for at least
six (6) months and must have a separate meter for said utilities/services.
Section 3. DSWD shall issue the necessary guidelines within (30) days from effectivity of these Rules for
the accredited senior citizens centers and residential/group homes willing to avail of the utility discount.
The Energy Regulatory Commission (ERC), the Metropolitan Waterworks and Sewerage System (MWSS),
the Local Water Utility Administration (LWUA) and other concerned utility-regulatory agencies shall, within
six (6) months after the effectivity of these Rules, formulate supplemental guidelines to cover recovery rate
mechanics and/or sharing of burden, among other concern of the distribution utilities.
RULE V
GOVERNMENT ASSISTANCE
Article 13. EMPLOYMENT
Section 1. Senior citizens, who have the capacity and desire to work, or to be re-employed, shall be
provided by the DOLE, in coordination with other government agencies including local government units,
with information and matching services to enable them to be productive members of society. Terms of
employment shall conform to the provisions of the Labor Code, as amended, Civil Service Laws and other
laws, rules and regulations.
Section 2. Private entities that shall employ senior citizens as employees upon effectivity of the Act, shall
be entitled to an additional deduction from their gross Income, equivalent to fifteen percent (15%) of the
total amount paid as salaries and wages to senior citizens subject to the provision of Section 34 of the
National Internal Revenue Code (NIRC), as amended and the Revenue Regulations to be issued by the
BIR and approved by the DOF; Provided, however, That such employment shall continue for a period of at
least six (6) months; Provided, further, That the net annual income of the senior citizen does not exceed
the poverty level for that year as determined by NEDA thru the NSCB.
Section 3. The DOLE, in coordination with other government agencies, such as, but not limited to, the
DOST-Technology Resource Center (DOST-TRC) and the DTI, shall assess, design and implement
training programs that will provide free of charge to senior citizens the appropriate skills development,
livelihood training programs, and welfare or livelihood support.
Article 14. EDUCATION
The Department of Education (DepEd), the DOST-TRC, the Technical Education and Skills Development
Authority (TESDA), and the Commission on Higher Education (CHED), in consultation with
non-governmental (NGOs) and people's organizations (POs) for senior citizens, shall institute a program
that will ensure access of senior citizens to formal and non-formal education. They are to:
a) Formulate and implement relevant and effective course designs and educational programs;
b) Conduct the necessary training for the implementation of the appropriate curriculum for the purpose;
c) Ensure the availability of the needed-educational facilities in the form of modular programs and other
distance and alternative learning materials;
d) In coordination with OSCA and the City or Municipal Social Welfare and Development Officer, shall
conduct assessment and profiling of senior citizens who wanted to study; and
e) Conduct continuing research and development program for the necessary and relevant education of the
senior citizens.
Article 15. HEALTH
Section 1. The DOH, in coordination with local government units (LGUs), NGOs and POs for senior
citizens, shall institute a national health program that shall incorporate the National Prevention of
Blindness Program, and shall also provide an integrated health service for senior citizens.
It shall train community-based health workers including barangay health workers, among senior citizens
and health personnel to specialize in geriatric care, gerontology, and health problems of senior citizens.
Section 2. The National Health Program aims to promote healthy and productive older population through
the following:
a) Establishment and provision of a comprehensive and integrated health service package catering to the
specific needs of the citizens;
b) Human resource development/capacity building of health personnel in relation to the care and health
problems of senior citizens;
c) Health promotion;
d) Conduct of researches and study in geriatric care, gerontology, and health needs of senior citizens;
e) In coordination with the municipal health worker, designate one (1) barangay health worker to attend to
senior citizens' health needs;
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f) The barangay, in coordination with local office health office shall designate one day of every month
specifically for medical attention of senior citizens;
g) Establishment of senior citizens' ward in every government hospital and in all levels of hospitals
throughout the country; and
h) Provision of accessible express lanes, or prioritization, in all health facilities.
Section 3. Provide technical assistance in coordination with DSWD, NGOs and other concerned agencies
to local government units in the establishment of community based health rehabilitation programs.
Article 16. SOCIAL SERVICES
The DSWD, in cooperation with the OSCA and the local government units, non-governmental
organizations and people'' organizations for senior citizens, shall develop and implement programs and
social services for senior citizens. Local government units shall ensure that the developed programs and
social services are provided. The components of these programs are:
a) Self and social enhancement services which provide senior citizens opportunities for socializing,
organizing, creative expression, and improvement of self;
b) After care services for senior citizens who are discharged from the homes/institutions for the aged,
especially those who have problems of reintegration with family and community, wherein both the senior
citizens and their families are provided with counseling;
c) Neighborhood support services/home care wherein the community or family members provide
caregiving services to their frail, sick, or bedridden senior citizens; and
d) Substitute family care in the form of residential care, group homes, or foster homes for the abandoned,
neglected, unattached or homeless senior citizens and those incapable of self-care.
e) Inclusion of community-based settings as practicum for academic institutions and in the curriculum of
caregiving and technical vocational schools.
Article 17. HOUSING
The national government shall include in its national shelter program the special housing needs of senior
citizens, such as establishment of housing units for the elderly.
Section 1. The Housing and Land Use Regulatory Board (HLURB) shall formulate housing rules on how to
develop subdivision suitable to the requirements of male and female senior citizens. The Home
Development Mutual Fund (HDMF) shall promote the establishment of elderly residence and shall review
its existing circulars particularly the limitation of the age requirements of sixty-five (65) years old at the date
of the loan application and seventy (70) years old at loan maturity. It shall also consider the concept of
pension in lieu compensation.
Section 2. The housing program for the poor senior citizens which include the establishment/donation of
group/foster homes for the neglected, abused and unattached or homeless senior citizens and those
incapable of self-care including its management, maintenance and operations shall be established in
accordance with EO 105, approving and directing the implementation of the program, "Provision of
Group/Foster Home for Neglected, Abandoned, Abused, Unattached and Poor Older Persons and
Persons with Disabilities" promulgated on May 16, 2002.
Article 18. ACCESS TO PUBLIC TRANSPORT
The DOTC and its attached agencies and sectoral officers shall improve the implementation or programs
to assist senior citizens to fully gain access in the use of public transport facilities. The minimum
requirements and standards to make transportation facilities and utilities for public use accessible to senior
citizens shall be developed to enhance the mobility of senior citizens. There shall be strict implementation
of courtesy space and seats for the exclusive use of senior citizens in all transport system. As far as
practicable, PUVs shall also strive to install safe lower stepping boards.
Article 19. INCENTIVE FOR FOSTER CARE
The DILG through the local government units, in consultation with the DOF and the BIR which shall
provide the necessary guidelines, shall provide incentives to persons or NGO institutions implementing
foster care programs for senior citizens, as follows:
(a) reality tax holiday for the first five (5) years starting from the first year of operation and/or
implementation of foster care program; and
(b) priority in the construction, or maintenance of provincial or municipal roads leading to the aforesaid
home, residential community or retirement village.
Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as may be determined by the DSWD,
indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php
500.00) to augment the daily subsistence and other medical needs of senior citizens. The grant of social
pension shall be subject to a review every two (2) years by Congress, in consultation with the DSWD within
three months after convening the Congress.
The DSWD, in consultation with the Department of Budget and Management (DBM), the DILG, the NCMB,
NGOs, and people's organizations shall formulate guidelines within thirty (30) days from effectivity of these
Rules for the development of criteria, selection of, and establishment of database for indigent senior
citizens focusing on targeting, delivery, monitoring and evaluation, to facilitate implementation of this
additional government assistance.
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Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent senior citizens shall be covered by the
national health insurance program of PHILHEALTH. The local government units where the indigent senior
citizens reside shall allocate the necessary funds to ensure the enrollment and lifetime coverage of their
indigent senior citizens, in accordance with the pertinent laws and regulations.
Section 3. SOCIAL SAFETY NETS - Social safety assistance intended to cushion the effects of economic
shocks; disasters and calamities shall be available for senior citizens. The social safety assistance which
shall include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be
sourced from the disaster/calamity funds of local government units where the senior citizens reside,
subject to the guidelines to be issued by the DSWD in coordination with DILG.
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance of a minimum of Two thousand
pesos (Php 2, 000.00) shall be given to the nearest surviving relative who took care of the deceased senior
citizens reside, subject to the guidelines to be issued by the DSWD and DILG.
In keeping with the intention of the law and similar government assistance being granted, this benefit shall
apply in relation to deceased indigent senior citizens only. However, it will not preclude LGUs already
granting burial assistance to continue giving such benefit to non-indigent senior citizens.
RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)
Article 21. Office of Senior Citizens Affairs - There shall be established in all cities and municipalities an
Office for Senior Citizens Affairs (OSCA).
Section 1. OSCA Head - The senior citizen to be appointed by the City or Municipal Mayor as OSCA Head
should have the following qualifications:
a) A Filipino citizen and resident of the municipality or city for at least one (1) year;
b) A registered voter of the concerned city or municipality;
c) Able to read and write;
d) Must be physically and mentally capable of performing the tasks of OSCA Head;
e) A bonafide member of a duly registered senior citizens organization which has a track record of at least
three consecutive years;
f) Good moral character; and
g) At least a high school graduate
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall be chosen from a list of three (3)
nominees as recommended by a general assembly of DSWD- accredited or LGU-registered senior
citizens organizations in the city or municipality. He/she shall appointed by the mayor for a term of three (3)
years without reappointment but without prejudice to an extension not exceeding three (3) months, if
exigency so requires.
The OSCA Head shall be appointed to serve the interest of senior citizens and shall not be removed or
replaced except for reasons of death, permanent disability, or ineffective performance of his duties to the
detriment of fellow senior citizens, as stated in a resolution issued by the general assembly. In case of
death or permanent disability, the remaining term shall be served by the new reappointed if he/she has not
served one-half of the full term.
Section 3. Remuneration for Services Rendered. - The head of the OSCA shall be entitled to received an
honorarium of an amount equivalent to at least Salary Grade 10 to be approved by the local government
unit concerned.
For 3rd to 6th class local government units, their respective sanggunians may provide for a reasonable
and practicable remuneration for the OSCA Head.
Section 4. Functions of OSCA. - The office for Senior Citizens Affairs shall have the following Functions:
a) In consultation with the City or Municipal Social Work and Development Officer and duly registered
senior citizen organizations, to plan, develop, implement, consolidate, and monitor yearly work programs
in pursuance of the objectives of the Act and its Rules;
b) To draw up a list of available and required services which can be provided by the registered federations
and associations of senior citizens;
c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national
uniform individual identification cards and purchase booklets, free of charge, which shall be valid anywhere
in the country;
d) To serve as a general information and liaison center the needs of the senior citizens;
e) To monitor compliance of the provisions of the Act and its Rules particularly the grant of special
discounts and privileges to senior citizens;
f) To report to the Mayor, any person, natural or judicial; establishments, business, entity, institution or
agency found violating any provision of the Act and its Rules;
g) To facilitate the creation of a city or municipality coordinating and monitoring board consisting of OSCA
Head, the City or Municipal Social Work and Development Officer and the presidents of concerned duly
registered senior citizens organizations to deliberate and act on the complaints;
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h) To assist senior citizens in filling complaints or charges against any person, natural or judicial;
establishment, institution, or agency refusing to comply with the privileges under the Act before the
Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial court,
the municipal trial court in cities, or the municipal circuit trial court;
i) To assist and coordinate with the concerned person, natural or judicial, establishment, institution or
agency in investigating fraudulent practices and abuses of the discount and privileges exclusively granted
to senior citizens ; and
j) To establish linkages and work together wit the accredited NGOs, people's organizations, and the
barangays in their respective areas.
Section 5. Operations and Maintenance of OSCA. - The necessary appropriation for the operation and
maintenance of the OSCA shall be provided by the local government units concerned. An office space
established at the Office of the Mayor shall likewise be provided.
Section 6. Assistance and Supervision of OSCA. - The OSCA Head shall be assisted by the City of the
Municipal Social Welfare and Development Officer (C/MSWDO). The Office of the Mayor shall exercise
supervision over the OSCA relative to their plans, activities and programs for senior citizens.
RULE VII
PENALTIES AND OTHER SANCTIONS
Article 22. Violations in Discounted Medicine Purchases - The following acts concerning drug and
medicine purchases are considered violative of the provisions of the Act and its Rules:
Section 1. A senior Citizen or his /her representative or a person misusing the privileges by:
a) using several purchase booklets,
b) availing of the discounts to buy medicines, drugs, medical accessories and supplies not for the use of
the senior citizen,
c) unauthorized use of the identification card of the senior citizen.
Section 2. A medical practitioner giving prescription to other persons in the name of the senior citizen or
giving anomalous prescription.
Section 3. Retailers and establishments dispensing medicines:
a) refusing to grant the full 20% senior citizens discount and VAT exemption on drug and medicine
purchases paid via credit card,
b) making a distinction between branded and generic drugs and medicines in giving the 20% discount,
c) posting notices and signages telling customers that availment of the 20% discount is limited to cash
purchases only,
d) "limiting" of discountable drug and medicine purchases to certain weekdays only, such that senior
citizens cannot avail of the 20% discount on other days, and e) restricting the purchase time or period for
senior citizen discounts after a certain hour.
Article 23. Violations in Discounted Food Purchases - The following acts concerning food purchases
are considered violative of the provisions of the Act and its Rules:
a) Pegging a maximum amount of food purchase subject to 20% discount and the VAT exemption, and/ or
posting of notice to that effect;
b) Refusal to grant the 20% discount and VAT exemption on take -out/ take home/ drive-thru orders it
appearing that the purchase is for the exclusive use and enjoyment of senior citizens;
c) Refusal to grant a 20% discount and VAT exemption on delivery orders it appearing that the purchases
is for the exclusive use and enjoyment of senior citizens.
Article 24. PENALTIES - Any person who refuses to honor the senior citizen card or violates any provision
of the Act and its Rules shall suffer the following penalties:
Section 1. For the first violation, a fine of not less than Fifty thousand pesos (Php 50,000.00) but not
exceeding One hundred thousand pesos (Php 100,000.00) and imprisonment for not less than two (2)
years but not more than six (6) years; and
Section 2. For any subsequent violation, a fine of not less than One hundred thousand pesos (Php
100,000.00) but not exceeding Two hundred thousand pesos (Php 200,000.00) and imprisonment for not
less than two (2) years but not more than six (6) years.
Section 3. Any person who abuses the privileges granted herein shall be punished with a fine of not less
than fifty thousand pesos (Php 50,000.00) but not more than One hundred thousand pesos (Php
100,000.00) and imprisonment of not less than six (6) months.
Section 4. If the offender is an alien or a foreigner, he/she shall be deported immediately after service of
sentence without further deportation proceedings.
Section 5. If the offender is a corporation, partnership, organization or any similar entity the officials
thereof directly involved such as the president, general manager, managing partner, or such other officer
charged with the management of the business affairs shall be liable therefor.
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Section 6. Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities
may also cause the cancellation or revocation of the business permit, permit to operate, franchise and
other similar privileges granted to any person, establishment or business entity that fails to abide by the
provisions of the Act and these Rules.
RULE VIII
MONITORING AND COORDINATING MECHANISM
Article 25. Monitoring and Coordinating Mechanism. - An inter-agency coordinating and monitoring
mechanism at the national level shall be established which shall be called the National Coordinating and
Monitoring Board (NCMB) on the Expanded Senior Citizens Act of 2010.
Section 1. NCMB Composition. - The National Coordinating and Monitoring Board shall be composed of
the following:
a) Chairperson - Secretary of the Department of Social Welfare and Development (DSWD), or authorized
representatives;
b) Vice-Chairperson - Secretary of the Department of the Interior and Local Government (DILG), or
authorized representatives;
c) Members: Secretaries or authorized representatives of the following:
1) Department of Justice (DOJ);
2) Department of Health (DOH);
3) Department of Trade and Industry (DTI); and
4) Representatives from five (5) accredited NGOs for senior citizens
The National Inter-Agency Coordinating and Monitoring Board may call on other government agencies,
NGOs and people's organizations to serve as resource persons as the need arises. Resource persons
have no voting rights at the Board.
Section 2. NGO/PO Representation. - The representatives from accredited NGOs and people's
organizations shall be senior citizens, or from other sectors that have services primarily for senior citizens.
These NGO representatives which shall be selected and appointed by the Board shall serve for a period of
three (3) years.
Section 3. Level of Representation. - The authorized representative to the National Coordinating and
Monitoring Board from the government agencies shall have a rank of not lower than Director level or its
equivalent, and for the NGOs, shall have a rank not lower than an Executive Director.
Section 4. Functions. - The National Coordinating and Monitoring Board (NCMB) shall have the following
functions:
a) Formulate a National Plan of Action for Senior Citizens in coordination with concerned government
agencies and other stakeholders;
b) Develop an effective monitoring and reporting system towards an efficient, consistent and uniform
implementation of the law;
c) Develop and institute effective and innovative approaches and methods with which to address emerging
concerns of the senior citizens;
d) Coordinate the programs and projects of government agencies with responsibilities under RA No. 9994
and these Rules;
e) Coordinate the conduct of nationwide information, education campaign and other advocacy activities on
RA No. 9994;
f) Monitor the conduct of orientation, training and other capability building programs to maximize the
contributions and participation of senior citizens;
g) Coordinate the conduct and evaluation of the plan of action, research and documentation of good
practices and disparities for policy and program development;
h) To actively establish national, regional and international networks for resource generation and technical
cooperation; and
i) Prepare yearly accomplishment report for the Office of the President, Congress, and the concerned
national government and local government units.
Section 5. Coordinating and Monitoring Body at the Regional Level. - There shall be established in all
regions a Regional Coordinating and Monitoring Board (RCMB) with similar membership and functions as
the National Board. As far as practicable, similar bodies shall be established in the local government units.
Section 6. Secretariat. - The Department of Social Welfare and Development shall serve as the
Secretariat to the Board at the national and at the regional levels.
RULE IX
FINAL PROVISIONS
Article 26. Appropriations. - The appropriation necessary to implement the provisions of the Act and its
Rules shall be included in the respective budgets of the responsible national government agencies subject
to availability of funds. The heads of departments and agencies as well as local chief executives
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concerned shall immediately include in their annual appropriations the funding necessary to implement
these programs and services.
Section 1. The funds to be used for the national health program and for the vaccination of indigent senior
citizens in the first year of implementation shall be added to the regular appropriations of the DOH and
thereafter, as a line item under the DOH budget in the subsequent General Appropriations Act (GAA)
subject to availability of funds.
Section 2. The monthly social pension for indigent senior citizens in the first year of implementation shall
be added to the regular appropriations of the DSWD and thereafter as a line item under the DSWD budget
in the subsequent GAA subject to availability of funds.
Section 3. The local government units concerned shall provide the necessary appropriations for the
operation and maintenance of the OSCA.
Article 27. Repealing Clause. - All laws, presidential decrees, executive orders and rules and regulations
or part thereof, contrary to, or inconsistent with the provisions of these Rules, are hereby repealed or
modified accordingly.
Article 28. Separability Clause. - Should any provision of the Rules be found unconstitutional or invalid by
a court of law, such provision shall be served from the remainder of these Rules and such action shall not
affect the enforceability of the remaining provisions of these Rules.
Article 29. Effectivity. - These Rules and Regulations shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation, and submission to the Office of
the National Administrative Register, Law Center, University of the Philippines.
Signed June 18, 2010 at the Department of Social Welfare and Development, Batasan Pambansa
Complex, Constitution Hills, Quezon City.
REPUBLIC ACT NO. 10361
AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC
WORKERS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the "Domestic Workers Act" or "Batas Kasambahay".
Section 2. Declaration of Policies. – It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to respect, promote, protect
and realize the fundamental principles and rights at work including, but not limited to, abolition of child
labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking
in persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers in general, and
establishes labor standards for domestic workers in particular, towards decent employment and income,
enhanced coverage of social protection, respect for human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers against abuse, harassment,
violence, economic exploitation and performance of work that is hazardous to their physical and mental
health; and
(d) The State, in protecting domestic workers and recognizing their special needs to ensure safe and
healthful working conditions, promotes gender-sensitive measures in the formulation and implementation
of policies and programs affecting the local domestic work.
Section 3. Coverage. – This Act applies to all domestic workers employed and working within the country.
Section 4. Definition of Terms. – As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the domestic worker as security or payment for a
debt where the length and nature of service is not clearly defined or when the value of the service is not
reasonably applied in the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the transfer of the domestic worker
from place of origin to the place of work covering the cost of transportation. Advances or loans by the
domestic worker are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an
employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya",
cook, gardener, or laundry person, but shall exclude any person who performs domestic work only
occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement, and are provided access to
education and given an allowance incidental to education, i.e. "baon", transportation, school projects and
school activities.
(e) Employer refers to any person who engages and controls the services of a domestic worker and is
party to the employment contract.
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(f) Household refers to the immediate members of the family or the occupants of the house that are directly
provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate partnership, corporation or entity
licensed to engage in the recruitment and placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who are fifteen (15) years old and
above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
Section 5. Standard of Treatment. – The employer or any member of the household shall not subject a
domestic worker or "kasambahay" to any kind of abuse nor inflict any form of physical violence or
harassment or any act tending to degrade the dignity of a domestic worker.
Section 6. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities
of the domestic worker to include at least three (3) adequate meals a day and humane sleeping
arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and
injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as
punishment or disciplinary action to the domestic worker.
Section 7. Guarantee of Privacy. – Respect for the privacy of the domestic worker shall be guaranteed at
all times and shall extend to all forms of communication and personal effects. This guarantee equally
recognizes that the domestic worker is obliged to render satisfactory service at all times.
Section 8. Access to Outside Communication. – The employer shall grant the domestic worker access to
outside communication during free time: Provided, That in case of emergency, access to communication
shall be granted even during work time. Should the domestic worker make use of the employer’s telephone
or other communication facilities, the costs shall be borne by the domestic worker, unless such charges
are waived by the employer.
Section 9. Right to Education and Training. – The employer shall afford the domestic worker the
opportunity to finish basic education and may allow access to alternative learning systems and, as far as
practicable, higher education or technical and vocational training. The employer shall adjust the work
schedule of the domestic worker to allow such access to education or training without hampering the
services required by the employer.
Section 10. Prohibition Against Privileged Information. – All communication and information pertaining to
the employer or members of the household shall be treated as privileged and confidential, and shall not be
publicly disclosed by the domestic worker during and after employment. Such privileged information shall
be inadmissible in evidence except when the suit involves the employer or any member of the household
in a crime against persons, property, personal liberty and security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
Section 11. Employment Contract. – An employment contract shall be executed by and between the
domestic worker and the employer before the commencement of the service in a language or dialect
understood by both the domestic worker and the employer. The domestic worker shall be provided a copy
of the duly signed employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model employment contract for
domestic workers which shall, at all times, be made available free of charge to domestic workers,
employers, representative organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model employment contract.
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In cases where the employment of the domestic worker is facilitated through a private employment agency,
the PEA shall keep a copy of all employment contracts of domestic workers and shall be made available
for verification and inspection by the DOLE.
Section 12. Pre-Employment Requirement. – Prior to the execution of the employment contract, the
employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document showing the age of the
domestic worker such as voter’s identification card, baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard requirements when the employment of the
domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as the case may be.
Section 13. Recruitment and Finder’s Fees. – Regardless of whether the domestic worker was hired
through a private employment agency or a third party, no share in the recruitment or finder’s fees shall be
charged against the domestic worker by the said private employment agency or third party.
Section 14. Deposits for Loss or Damage. – It shall be unlawful for the employer or any other person to
require a domestic worker to make deposits from which deductions shall be made for the reimbursement of
loss or damage to tools, materials, furniture and equipment in the household.
Section 15. Prohibition on Debt Bondage. – It shall be unlawful for the employer or any person acting on
behalf of the employer to place the domestic worker under debt bondage.
Section 16. Employment Age of Domestic Workers. – It shall be unlawful to employ any person below
fifteen (15) years of age as a domestic worker. Employment of working children, as defined under this Act,
shall be subject to the provisionsof Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section
12-D, and Section 13 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act".
Working children shall be entitled to minimum wage, and all benefits provided under this Act.
Any employer who has been sentenced by a court of law of any offense against a working child under this
Act shall be meted out with a penalty one degree higher and shall be prohibited from hiring a working child.
Section 17. Employer’s Reportorial Duties. – The employers shall register all domestic workers under their
employment in the Registry of Domestic Workers in the barangay where the employer’s residence is
located. The Department of the Interior and Local Government (DILG) shall, in coordination with the DOLE,
formulate a registration system for this purpose.
Section 18. Skills Training, Assessment and Certification. – To ensure productivity and assure quality
services, the DOLE, through the Technical Education and Skills Development Authority (TESDA), shall
facilitate access of domestic workers to efficient training, assessment and certification based on a duly
promulgated training regulation.
ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
Section 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic
worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of
domestic work.
Section 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of
eight (8) hours per day.
Section 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24)
consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the
schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the
preference of the domestic worker as to the weekly rest day when such preference is based on religious
grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the
following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
Section 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a
commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or
nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.
Section 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to
temporarily perform a task that is outside the latter’s household for the benefit of another household.
However, any liability that will be incurred by the domestic worker on account of such arrangement shall be
borne by the original employer. In addition, such work performed outside the household shall entitle the
157
domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic
worker. It shall be unlawful for the original employer to charge any amount from the said household where
the service of the domestic worker was temporarily performed.
Section 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the
following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital
Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class
municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed mother municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and
Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage
rates of domestic workers.
Section 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic
worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic
worker through a written consent, shall make no deductions from the wages other than that which is
mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this
Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
Section 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay
slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The
copies of the pay slip shall be kept by the employer for a period of three (3) years.
Section 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to
interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not
force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties
from the employer or from any other person, or otherwise make use of any store or services of such
employer or any other person.
Section 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or
indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any
justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise,
the employer shall not induce the domestic worker to give up any part of the wages by force, stealth,
intimidation, threat or by any other means whatsoever.
Section 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall (a) Verbal or emotional abuse of the domestic worker by the employer or any member of the household;
be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused
portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused (b) Inhuman treatment including physical abuse of the domestic worker by the employer or any member of
leaves shall not be convertible to cash. the household;

Section 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of (c) Commission of a crime or offense against the domestic worker by the employer or any member of the
service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation household;
(PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits
in accordance with the pertinent provisions provided by law.
(d) Violation by the employer of the terms and conditions of the employment contract and other standards
set forth under this law;
Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker
is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall
(e) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
pay the proportionate share in the premium payments or contributions, as provided by law.
household; and

The domestic worker shall be entitled to all other benefits under existing laws.
(f) Other causes analogous to the foregoing.

Section 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic
Section 34. Termination Initiated by the Employer. – An employer may terminate the services of the
worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer
domestic worker at any time before the expiration of the contract, for any of the following causes:
from the Department of Social Welfare and Development (DSWD) in coordination with the concerned
barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue
and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent (a) Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in
job placement. connection with the former’s work;

ARTICLE V (b) Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties;
POST EMPLOYMENT
(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;
Section 32. Termination of Service. – Neither the domestic worker nor the employer may terminate the
contract before the expiration of the term except for grounds provided for in Sections 33 and 34 of this Act. (d) Commission of a crime or offense by the domestic worker against the person of the employer or any
If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already immediate member of the employer’s family;
earned plus the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker leaves
without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days work shall (e) Violation by the domestic worker of the terms and conditions of the employment contract and other
be forfeited. In addition, the employer may recover from the domestic worker costs incurred related to the standards set forth under this law;
deployment expenses, if any: Provided, That the service has been terminated within six (6) months from
the domestic worker’s employment.
(f) Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
household; and
If the duration of the domestic service is not determined either in stipulation or by the nature of the service,
the employer or the domestic worker may give notice to end the working relationship five (5) days before
(g) Other causes analogous to the foregoing.
the intended termination of the service.

Section 35. Employment Certification. – Upon the severance of the employment relationship, the
The domestic worker and the employer may mutually agree upon written notice to pre-terminate the
employer shall issue the domestic worker within five (5) days from request a certificate of employment
contract of employment to end the employment relationship.
indicating the nature, duration of the service and work performance.

Section 33. Termination Initiated by the Domestic Worker. – The domestic worker may terminate the
employment relationship at any time before the expiration of the contract for any of the following causes:
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 ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
Section 36. Regulation of Private Employment Agencies (PEAs). – The DOLE shall, through a system of
licensing and regulation, ensure the protection of domestic workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages, wage-related benefits,
and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of the
Philippines", on qualifications of the PEAs with regard to nationality, networth, owners and officers, office
space and other requirements, as well as nontransferability of license and commission of prohibited
practices, shall apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or placement fees;
(b) Ensure that the employment agreement between the domestic worker and the employer stipulates the
terms and conditions of employment and all the benefits prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the employer about their
rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited domestic workers which
shall be made available during inspections or whenever required by the DOLE or local government
officials;
(e) Assist domestic workers with respect to complaints or grievances against their employers; and
(f) Cooperate with government agencies in rescue operations involving abused or exploited domestic
workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
Section 37. Mechanism for Settlement of Disputes. – All labor-related disputes shall be elevated to the
DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing of a civil or
criminal action in appropriate cases. The DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other special penal laws by
either party shall be filed with the regular courts.
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ARTICLE VIII
SPECIAL PROVISIONS
Section 38. Information Program. – The DOLE shall, in coordination with the DILG, the SSS, the
PhilHealth and Pag-IBIG develop and implement a continuous information dissemination program on the
provisions of this Act, both at the national and local level, immediately after the enactment of this law.
Section 39. "Araw Ng Mga Kasambahay". – The date upon which the President shall approve this
"Domestic Workers Act" shall be designated as the "Araw ng mga Kasambahay".
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
Section 40. Penalty. – Any violation of the provisions of this Act declared unlawful shall be punishable with
a fine of not less than Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos
(P40,000.00) without prejudice to the filing of appropriate civil or criminal action by the aggrieved party.
Section 41. Transitory Provision; Non-Diminution of Benefits. – All existing arrangements between a
domestic worker and the employer shall be adjusted to conform to the minimum standards set by this Act
within a period of sixty (60) days after the effectivity of this Act: Provided, That adjustments pertaining to
wages shall take effect immediately after the determination and issuance of the appropriate wage order by
the RTWPBs: Provided, further, That nothing in this Act shall be construed to cause the diminution or
substitution of any benefits and privileges currently enjoyed by the domestic worker hired directly or
through an agency.
Section 42. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act,
the Secretary of Labor and Employment, the Secretary of Social Welfare and Development, the Secretary
of the Interior and Local Government, and the Director General of the Philippine National Police, in
coordination with other concerned government agencies and accredited nongovernment organizations
(NGOs) assisting domestic workers, shall promulgate the necessary rules and regulations for the effective
implementation of this Act.
ARTICLE X
FINAL PROVISIONS
Section 43. Separability Clause. – If any provision or part of this Act is declared invalid or unconstitutional,
the remaining parts or provisions not affected shall remain in full force and effect.
Section 44. Repealing Clause. – All articles or provisions of Chapter III (Employment of Househelpers) of
Presidential Decree No. 442, as amended and renumbered by Republic Act No. 10151 are hereby
expressly repealed. All laws, decrees, executive orders, issuances, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 45. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity".
Section 2. Declaration of Principles and State Policies. -
(a) The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to a policy of peace, equality,
justice, freedom, cooperation and amity with all nations.
(b) The state values the dignity of every human person and guarantees full respect for human rights,
including the rights of indigenous cultural communities and other vulnerable groups, such as women and
children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in
order to promote the goal of "Children as Zones of Peace";
(d) The state adopts the generally accepted principles of international law, including the Hague
Conventions of 1907, the Geneva Conventions on the protection of victims of war and international
humanitarian law, as part of the law our nation;
(e) The most serious crimes of concern to the international community as a whole must not go unpunished
and their effective prosecution must be ensured by taking measures at the national level, in order to put an
end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it
being the duty of every State to exercise its criminal jurisdiction over those responsible for international
crimes;
(f) The State shall guarantee persons suspected or accused of having committed grave crimes under
international law all rights necessary to ensure that their trial will be fair and prompt in strict accordance
with national and international law and standards for fair trial, It shall also protect victims, witnesses and
160
their families, and provide appropriate redress to victims and their families, It shall ensure that the legal
systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict,
and
(g)The State recognizes that the application of the provisions of this Act shall not affect the legal status of
the parties to a conflict, nor give an implied recognition of the status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group or groups and committed with the intention of maintaining
that regime
(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the persons
concerned by expultion by expulsion or other coercive acts from the area in which they are lawfully present,
without grounds permitted under domestic or international law.
(c) "Armed conflict" means any use of force or armed violence between States or a protracted armed
violence between governmental authorities and organized armed groups or between such groups within
that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which
the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may
be international, that is, between two (2) or more States, including belligerent occupation; or
non-international, that is, between governmental authorities and organized armed groups or between such
groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar nature.
(d) "Armed forces" means all organized armed forces, groups and units that belong to a party to an armed
conflict which are under a command responsible to that party for the conduct of its subordinates. Such
armed forces shall be subject to an internal disciplinary system which enforces compliance with
International Humanitarian Law
(e) "Attack directed against any civilian population" means a course of conduct involving the multiple
commission of acts referred to in Section 6 of this Act against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack.
(f) "Effective command and control" or " effective authority and control" means having the material ability to
prevent and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction of
persons by, or with the authorization support or acquiescence of, a State or a political organization
followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing from the protection of the law for a prolonged
period of time
(h) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a
person and includes the exercise of such power in the course of trafficking in persons, in particular women
and children.
(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation of access
to food and medicine, calculated to bring about the destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant, with the
intent of affecting the ethnic composition of any population carrying out other grave violations of
international law.
(k) "Hors de Combat" means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and
does not attempt to escape.
(l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a
legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law
(m) "Non-defended locality" means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
(2) no hostile use of fixed military installations or establishments must have been made;
(3) no acts of hostility must have been committed by the authorities or by the population; and
(4) no activities in support of military operations, must have been undertaken.
(n) "No quarter will be given' means refusing to spare the life of anybody, even of persons manifestly
unable to defend themselves or who clearly express their intention to surrender.
161
(o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is
entitled to, or is obliged to accord, protection under the rules of International Humanitarian Law, with the
intent to betray that confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or
other State not party to the conflict.
(p) "Persecution" means the international and severe deprivation of fundamental rights contrary to
international law by reason of identity of the group or collectivity.
(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the
power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless person or refugee under
the relevant international instruments accepted by the parties to the conflict concerned or under the
national legislation of the state of refuge or state of residence;
(5) a member of the medical personnel assigned exclusively to medical purposes or to the administration
of medical units or to the operation of or administration of medical transports; or
(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and
attached to the armed forces of a party to the conflict, its medical units or medical transports, or
non-denominational, noncombatant military personnel carrying out functions similar to religious personnel.
(r) " Superior" means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the effective authority and
control of that superior.
(s) "Torture" means the intentional infliction of severe pain or suffering, whether physical, mental, or
psychological, upon a person in the custody or under the control of the accused; except that torture shall
not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.
(t) "Works and installations containing dangerous forces" means works and installations the attack of
which may cause the release of dangerous forces and consequent severe losses among the civilian
population, namely: dams, dikes, and nuclear, electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human
Humanitarian Law" means:
(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or property protected under provisions of the
relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military necessity and carried out
unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile
power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
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(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4)
Geneva Conventions of 12 August 1949, namely , any of the following acts committed against persons
taking no active part in the hostilities, including member of the armed forces who have laid down their arms
and those placed hors de combat by sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of executions without previous judgment pronounced by
a regularly constituted court, affording all judicial guarantees which are generally recognized as
indispensable.
(c) Other serious violations of the laws and customs applicable in armed conflict, within the established
framework of international law, namely:
(1) Internationally directing attacks against the civilian population as such or against individual civilians not
taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object which are not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and transport, and personnel
using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with
intentional law;
(4) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as
ling as they are entitled to the protection given to civilians or civilian objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-term and severe damage to the natural
environment which would be excessive in relation to the concrete and direct military advantage
anticipated;
(6) Launching an attack against works or installations containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, and causing
death or serious injury to body or health .
(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are
undefended and which are not military objectives, or making non-defended localities or demilitarized zones
the object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant
who, having laid down his/her arms or no longer having means of defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or of
the United Nations, as well as of the distinctive emblems of the Geneva Conventions or other protective
signs under International Humanitarian Law, resulting in death, serious personal injury or capture;
(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected,
provided they are not military objectives. In case of doubt whether such building or place has been used to
make an effective contribution to military action, it shall be presumed not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or
scientific experiments of any kind, or to removal of tissue or organs for transplantation, which are neither
justified by the medical, dental or hospital treatment of the person concerned nor carried out in his/her
interest, and which cause death to or seriously endanger the health of such person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively
demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons related to the conflict, unless the
security of the civilians involved or imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into
the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied
territory within or outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading treatments;
(19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any
other form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious
violation of common Article 3 to the Geneva Convensions;
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(20) Utilizing the presence of a civilian or other protected person to render certain points, areas or military
forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects
indespensable to their survival, including willfully impeding relief supplies as provided for under the
Geneva Conventions and their Additional Protocols;
(22) In an international armed conflict, compelling the nationals of the hostile party to take part in the
operations of war directed against their own country, even if they were in the belligerent's service before
the commencement of the war;
(23) In an international armed conflict, declaring abolished, suspended or inadmissible in a court of law the
rights and actions of the nationals of the hostile party;
(24) Commiting any of the following acts:
(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed
forces;
(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force or
group other than the national armed forces; and
(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and
(25) Employing means of warfare which are prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes which do
not entirely cover the core or are pierced with incisions; and
(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause
superfluous injury or unecessary suffering or which are inherently indiscriminate in violation of the
international law of armed conflict.
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided
under Section 7 of this Act.
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the following acts with
intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable
and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section
shall suffer the penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity"
means any of the following acts when committed as part of a widespread or systematic attack directed
against any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural,
religious, gender, sexual orientation or other grounds that are universally recognized as impermissible
under international law, in connection with any act referred to in this paragraph or any crime defined in this
Act;
(i) Enforced or involuntary disappearance of persons;
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(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to
body or to mental or physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided
under Section 7 of this Act.
CHAPTER IV
PENAL PROVISIONS
Section 7. Penalties. - Any person found guilty of committing any of the acts provided under Sections 4, 5
and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine
ranging from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php
500,000.00).
When justified by the extreme gravity of the crime, especially where the commision of any of the crimes
specified herein results in death or serious physical injury, or constitutes rape, and considering the
individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five
hundred thousand pesos (Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall
suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos (Php
10,000.00) to Twenty thousand pesos (Php 20,000.00).
In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or
indirectly, from that crime, without prejudice to the rights of bona fide third (3rd) parties. The court shall
also impose the corresponding accessory penalties under the Revised Penal Code, especially where the
offender is a public officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in Philippine law on
principles of criminal responsibility, a person shall be criminally liable as principal for a crime defined and
penalized in this Act if he/she:
(1) Commits such a crime, whether as an individual, jointly with another or through another person,
regardless of whether that other person is criminally responsible;
(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(3) In any other way contributes to the commission or attempted commission of such a crime by a group of
person acting with a common purpose. Such contribution shall be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such
activity or purpose involves the commission of a crime defined in this Act; or
(ii) be made in the knowledge of the intention of the group to commit the crime.
(b) A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and
penalized in this Act if he/she aids, abets or otherwise assists in its commission or attempted commission,
including providing the means for its commission.
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she attempts to
commit such a crime by taking action that commences its execution by means of a substantial step, but the
crime does not occur because of circumstances independent of the person's intention. However, a person
who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be
liable for punishment under this Act for the attempt to commit the same if he/she completely and voluntarily
gave up the criminal purpose.
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any
distinction based on official capacity. In particular, official capacity as a head of state or government, a
member of a government or parliament, an elected representative or a government official shall in no case
exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground
for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person under
Philippine law other than the established constitutional immunity from suit of the Philippine President
during his/her tenure, shall not bar the court from exercising jurisdiction over such a person; and
(b) Immunities that may be attached to the official capacity of a person under international law may limit the
application of this Act, nut only within the bounds established under international law.
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes
defined and penalized under this Act, a superior shall be criminally responsible as a principal for such
crimes committed by subordinates under his/her effective command and control, or effective authority and
control as the case may be, as a result of his/her failure to properly exercise control over such
subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should have known that the
subordinates were committing or about to commit such crimes;
(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or
repress their commission or to submit the matter to the competent authorities for investigation and
prosecution.
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Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and
the execution of sentences imposed on their account, shall not be subject to any prescription.
Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been
committed by a person pursuant to an order of a government or a superior, whether military or civilian,
shall not relieve that person of criminal responsibility unless all of the following elements occur:
(a) The person was under a legal obligation to obey orders of the government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against humanity are
manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for
the protection of victims and witnesses, the following measures shall be undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological
well-being, dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all
relevant factors, including age, gender and health, and the nature of the crime, in particular, but not limited
to, where the crime involves sexual or gender violence or violence against children. The prosecutor shall
take such measures particularly during the investigation and prosecution of such crimes. These measures
shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to protect the victims and
witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of
evidence by electronic or other special means. In particular, such measures shall be implemented in the
case of the victim of sexual violence or a child who is a victim or is a witness, unless otherwise ordered by
the court, having regard to all the circumstances, particularly the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and concerns
to be presented and considered at stages of the proceedings determined to be appropriate by the court in
manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
Such views and concerns may be presented by the legal representatives of the victims where the court
considers it appropriate in accordance with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave
endangerment of the security of a witness for his/her family, the prosecution may, for the purposes of any
proceedings conducted prior to the commencement of the trial, withhold such evidence or information and
instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial
to or inconsistent with the rights of the accused and to a fair and impartial trial.
Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and procedural
rules for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of, victims,including
restitution, compensation and rehabilitation. On this basis, in its decision, the court may, wither upon
request or on its own motion in exceptional circumstances, determine the scope and extent of any damage,
loss and injury to, or in respect of, victims and state the principles on which it is acting;1avvphi1
(b) The court may make an order directly against a convicted person specifying appropriate reparations to,
or in respect of, victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account of
representations from or on behalf of the convicted person, victims or other interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under national or
international law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the application and interpretation of this Act, Philippine
courts shall be guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional
Protocol III;
(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its
First Protocol and its 1999 Second Protocol;
(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of
Children in Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and tribunals;
(g) Relevant and applicable international human rights instruments;
166
(h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the
Philippines; and
(i) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing
sources as subsidiary means for the determination of rules of international law.
Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The
provisions of the Revised Penal Code and other general or special laws shall have a suppletory application
to the provisions of this Act.
CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian,
suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is
committed, provided, any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or
prosecution of a crime punishable under this Act if another court or international tribunal is already
conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may
surrender or extradite suspected or accused persons in the Philippines to the appropriate international
court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having
committed the crimes defined and penalized in this Act if they have been tried by a competent court
outside the Philippines in respect of the same offense and acquitted, or having been convicted, already
served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the Philippines
shall have original and exclusive jurisdiction over the crimes punishable under this Act. Their judgments
may be appealed or elevated to the Court of Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act.
For these cases, the Commission on Human Rights, the Department of Justice, the Philippine National
Police or other concerned law enforcement agencies shall designate prosecutors or investigators as the
case may be.
The State shall ensure that judges, prosecutors and investigators, especially those designated for
purposes of this Act, receive effective training in human rights, International Humanitarian Law and
International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons, any part or provision of this Statute shall
be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, presidential decrees and issuances, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified
accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers general circulation.
REPUBLIC ACT. NO. 9858
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW
MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS
AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the
Philippines", as amended, is hereby further amended to read as follows:
"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of
conception of the former, were not disqualified by any impediment to marry each other,
or were so disqualified only because either or both of them were below eighteen (18)
years of age, may be legitimated."
"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation."
Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the chairpersons
of the Committee on Revision of Laws of the House of Representatives and the Committee on Youth,
Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of
Justice (DOJ), the Department of Foreign Affairs (DFA), the office of the Supreme Court Administrator, the
Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary
rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.
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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.
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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.
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(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.
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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
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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;
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(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
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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;
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(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 (d) Include the peace perspective in the education curriculum and other educational undertakings; and
programs, projects, and funding outlays that affect them, shall be ensured.
(e) The recognition and support for women's role in conflict-prevention, management, resolution and
Section 27. Social Protection. - peacemaking, and in indigenous systems of conflict resolution.

(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.
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;

(d) The State shall establish a health insurance program for senior citizens and indigents. (b) Medical and dental services;

(e) The State shall support women with disabilities on a community-based social protection scheme. (c) Psychological evaluation;

Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State shall (d) Counseling;
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 (e) Psychiatric evaluation;
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
(f) Legal services;
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.
(g) Productivity skills capability building;
Section 29. Peace and Development. - The peace process shall be pursued with the following
considerations: (h) Livelihood assistance;

(a) Increase the number of women participating in discussions and decision-making in the peace process, (i) Job placement;
including membership in peace panels recognizing women's role in conflict- prevention and peace-making
and in indigenous system of conflict resolution; (j) Financial assistance: and

(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:
(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.

175
(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
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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:
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(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, early detection and diagnosis of congenital hearing loss among newborns and infants based on applied
enforced disappearances, torture, and internal displacements, such shall be considered aggravating research and consultations with the sectors concerned.
offenses with corresponding penalties depending on the severity of the offenses.
Section 3. Universal Newborn Hearing Screening Program. - There is hereby established a Universal
Section 42. Incentives and Awards. - There shall be established an incentives and awards system which Newborn Hearing Screening Program (UNHSP) to institutionalize measures for the prevention and early
shall be administered by a board under such rules and regulations as may be promulgated by the PCW to diagnosis of congenital hearing loss among newborns, the provision of referral follow-up, recall and early
deserving entities, government agencies, and local government units for their outstanding performance in intervention services to infants with hearing loss, and counseling and other support services for families of
upholding the rights of women and effective implementation of gender-responsive programs. newborns with hearing loss, to afford them all the opportunities to be productive members of the
community. The objectives of the UNHSP are:
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 (a)To ensure that all newborns have access to hearing loss screening;
for the implementation of this Act shall be included in the agencies' yearly budgets under the General
Appropriations Act. (b)To establish a network among pertinent government and private sector stakeholders for policy
development, implementation, monitoring, and evaluation to promote universal newborn hearing screening
The State shall prioritize allocation of all available resources to effectively fulfill its obligations specified program in the country;
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. (c)To provide continuing capacity building which includes training for healthcare practitioners, conduct of
applied research, and other such activities to aid in the effective implementation of a universal newborn
Section 44. Implementing Rules and Regulations. - As the lead agency, the PCW shall, in coordination hearing screening program;
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 (d)To establish and maintain a newborn hearing screening database;
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
(e)To include a component which ensures linkages to diagnosis and the community system of early
groups with proven track record of involvement and promotion of the rights and welfare of Filipino women
intervention services;
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.
(f)To develop public policy in early hearing detection, diagnosis and intervention that is based on applied
research and the recognition that infants, toddlers and children who are deaf or hard-of-hearing have
Republic Act No. 9709 August 12, 2009
unique language, learning and communication needs. It should be the result of consultation with pertinent
public and private sectors; and
AN ACT ESTABLISHING A UNIVERSAL NEWBORN HEARING SCREENING PROGRAM FOR THE
PREVENTION, EARLY DIAGNOSIS AND INTERVENTION OF HEARING LOSS
(g)To develop models which ensure effective screening, referral and linkage with appropriate diagnostic,
medical, and qualified early intervention services, providers, and programs within the community.
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 4. Definition of Terms. - Under this Act, the following terms shall mean the following:
Section 1. Short Title. - This Act shall be known as the "Universal Newborn Hearing Screening and
Intervention Act of 2009".
(a)Audiologic diagnostic evaluation" shall refer to a service related to diagnosis of hearing loss
administered by professionals or by Newborn Hearing Screening Centers.
Section 2. Declaration of Policy. - It is the policy of the State to protect and promote the right to health of
the people, including the rights of children to survival, full and healthy development as individuals, and a
(b)"Congenital hearing loss" shall refer to hearing impairment already present at birth.
better quality of life.

(c)"Follow-up" shall refer to the monitoring of an infant with possible hearing loss for purpose of ensuring
Recognizing the fact that newborns and children who are deaf or hard-of hearing have unique language or
that the infant receives additional diagnostic services and intervention or treatment.
learning and communication needs, the State shall formulate a comprehensive program for the prevention,

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(d)"Healthcare practitioner" shall refer to physicians, nurses, midwives, nursing aides and traditional birth
attendants.
(e)"Health Institutions" shall refer to hospitals, health infirmaries, health centers, lying-in centers or
puericulture centers with obstetrical and pediatric services, whether public or private.
(f)"Intervention" shall refer to any service rendered to an infant diagnosed with hearing loss ranging from
counseling, diagnosis, provision of hearing aid or the administration of any medical procedure for
correction of hearing loss.
(g)"Newborn hearing screening database" shall refer to an organized body of information related to
newborn hearing screening.
(h)"Newborn" shall refer to an infant from the time of complete delivery to thirty (30) days old.
(i)"Newborn hearing loss screening" shall refer to an objective, physiological procedure performed on a
newborn for the purpose of determining if the newborn has hearing impairment.
(j)Newborn Hearing Screening Reference Center" shall refer to the central facility at the National Institutes
of Health (NIH) that defines testing and follow-up protocols, maintains an external laboratory proficiency
testing program, oversees the national testing database and case registries, assists in training activities in
all aspects of the program, and oversees content of educational materials.
(k)"Recall" shall refer to a procedure of locating an infant with a possible hearing loss for purposes of
providing diagnostic services to confirm hearing condition and, as appropriate, provide intervention or
treatment.
(l)"Referral" shall refer to an act of sending a patient to another service provider within the network for
continuation of care.
(m)"Universal Newborn Hearing Screening Program" or "UNHSP" shall refer to the program developed to
carry out hearing screening for all newborns in the Philippines and to provide adequate interventions for
infants with congenital hearing loss.
Section 5. Obligation to inform. - Any healthcare practitioner who delivers, or assists in the delivery, of a
newborn in the Philippines shall prior to delivery, inform the parents or legal guardian of the newborn of the
availability, nature and benefits of hearing loss screening among newborns or infants three (3) months old
and below.
Parents or legal guardians of newborns who, after undergoing newborn hearing loss screening, have been
found to have congenital hearing loss shall be informed of the availability, nature and benefits of diagnostic
audiologic evaluation, intervention and treatment options, and counseling regarding hearing loss.
179
The Department of Health (DOH) shall, in coordination with the NIH and other stakeholders, undertake the
preparation, production and dissemination of informational and educational materials on the nature,
benefits and available medical interventions for hearing loss.
Section 6. Obligation to Perform Newborn Hearing Loss Screening and Audiologic Diagnostic
Evaluation. - All infants born in hospitals in the Philippines shall be made to undergo newborn hearing loss
screening before discharge, unless the parents or legal guardians of the newborn object to the screening
subject to Section 7 of this Act. Infants who are not born in hospitals should be screened within the first
three (3) months after birth.
In the event of a positive newborn hearing loss screening result, the newborn shall undergo audiologic
diagnostic evaluation in a timely manner to allow appropriate follow-up, recall and referral for intervention
before the age of six (6) months: Provided, That audiologic diagnostic evaluation shall be performed by
Newborn Hearing Screening Centers duly certified by the DOH.
It shall be the joint responsibility of the parents or legal guardian, and the healthcare practitioner to ensure
that hearing screening is performed. An appropriate informational brochure on the role and duties of
parents and guardians is fulfilling this responsibility shall be made available by the DOH and shall be
distributed to all health institutions and made available to any healhcare practitioner requesting it for
appropriate distribution.
In case the newborn is born at home or anywhere outside birthing facilities, the attending health care
practitioner shall refer the newborn to the municipal or city heath center of the barangay having jurisdiction
over the area for newborn hearing loss screening and audiologic diagnostic evaluation.
Section 7. Refusal to be Tested. - A parent or legal guardian may refuse hearing loss screening on the
grounds of religious and/or cultural beliefs but shall acknowledge in writing that they have been informed of
their responsibility to perform said screening and of the risks of underdiagnosed congenital hearing loss in
case of failure to administer hearing loss screening on their newborn. A copy of this waiver shall be made
part of the newborn's medical record and shall be entered into the national newborn hearing screening
database.
Section 8. Continuing Education, Re-education and Training Health Personnel. - The DOH, with the
assistance of the NIH and other concerned government agencies, professional associations and civil
society organizations, shall:
(a)Conduct continuing information, education, reeducation and training programs for healthcare
practitioners on the rationale, benefits, and procedures of hearing loss screening; and
(b)Prepare, produce, and disseminate information materials on newborn screening annually to all health
personnel involved in maternal and pediatric care.
Section 9. Lead Agency. - The DOH shall be the lead agency in implementing the provisions of this Act.
For this purpose, the DOH shall perform the following functions:
(a)Coordinate with the Department of the Interior and Local Government (DILG), the department of
Education, the local government units, and the private sector including other recognized medical
associations and professional-based organizations with respect to early hearing detection, diagnosis and
treatment/intervention for policy development and proper implementation of the provisions of this Act;
(b)Coordinate with the NIH Newborn Hearing Screening Reference Center for the certification of Newborn
Hearing Screening Centers and the preparation of defined testing protocols and quality assurance
programs;
(c)Coordinate with consumer groups serving individuals who are dead and hard-of-hearing; person who
are deaf and hard-of-hearing and their families; qualified professional personnel who are proficient in deaf
or hard-of-hearing children's language and who possess the specialized knowledge, skills and attributes
needed to serve deaf and hard-of-hearing infants, toddlers, children and their families; other health and
education professionals and organizations; third party payers and managed care organizations; and
related commercial industries;
(d)Monitor the extent to which hearing loss screening and audiologic diagnostic evaluation are conducted
in health institutions, and assist in the development of universal newborn hearing loss screening programs
for hospitals and non-hospital sites; and
(e)Develop a program for the rehabilitation of deaf children through available intervention services,
therapies, and such other services necessary for a patient diagnosed with hearing disorders.
Section 10. Advisory Committee on Newborn Screening. - To ensure the effective implementation of this
Act, the membership of the Advisory Committee on Newborn Screening created under Section 11 of
Republic Act No. 9288, "Newborn Screening Act of 2004" shall expanded to include the representatives
from the Philippines Society of Otorhinolaryngology and the Philippine Society of Audiology.
Section 11. Establishment of Newborn Hearing Screening Center. - Newborn Hearing Screening Centers
shall be established to undertake newborn hearing loss screening, audiologic diagnostic evaluation and
recall, follow-up and referral programs to infants with hearing loss: Provided, That such Centers to be
established shall be certified by the DOH based on standards formulated in collaboration with the NIH.
Newborn Screening Centers (NSC) established pursuant to Section 12 of Republic Act No. 9288,
otherwise known as the "Newborn Screening Act of 2004", shall adopt and implement a program to
develop its capacity to become Newborn Hearing Screening Centers. The DOH shall develop incentives to
encourage the establishment of Newborn Hearing Screening Centers other than those under the Newborn
Screening Centers.
Section 12. Data Management and Applied Research. - All hospitals and Newborn Screening Centers
shall periodically submit copies of the results of the screening tests to the NIH Newborn Hearing Screening
Reference Center for consolidation of patient databases. The NIH Newborn Hearing Screening Reference
Center shall maintain a national database of children tested and a separate registry for those diagnosed
180
with hearing loss. It shall submit reports annually to the DOH on the status of and relevant health
information derived from the database.
A plan for long-term outcome evaluation of hearing loss screening utilizing the case registries shall be
developed within one (1) year from the effectivity of this Act by the NIH in consultation with various
stakeholders.
The Secretary of Health in collaboration with the NIH shall make awards of grants or cooperative
agreements to provide technical assistance to agencies to complement an intramural program and to
conduct applied research related to infant hearing detection, diagnosis and treatment/intervention. The
program shall carry out the following:
(a)Provide technical assistance on data collection and management;
(b)Develop standardized procedures for data management to ensure quality monitoring of infant hearing
loss detection, diagnosis and intervention programs;
(c)Study the costs and effectiveness of hearing detection conducted by programs in order to answer
issues of importance to policy makers;
(d)Identify the causes and risk factors for congenital hearing loss that might lead to the development of
preventive interventions;
(e)Study the effectiveness of early hearing detection, diagnosis and treatment/intervention programs by
assessing the health, developmental, cognitive, and language status of these children at school age; and
(f)Promote the sharing of data regarding early hearing loss with birth defects and development disabilities
monitoring programs for the purpose of identifying previously unknown causes of hearing loss.
Section 13. Government Intervention on Newborn Hearing Loss. - If the newborn is diagnosed to have
congenital hearing loss, the Newborn Hearing Screening Center or barangay health workers shall provide
referral for the treatment of the newborn to the provincial hospital of the local government unit concerned.
If the treatment of the congenital hearing loss of the newborn is beyond the clinical capability of the
provincial hospital, the latter shall provide referral for the treatment of the newborn to a Department of
Health Tertiary Hospital, the Philippine General Hospital, or other national non-DOH hospitals funded by
the national government subsidy.
The provincial hospitals concerned shall have the funds for the treatment of newborn hearing loss from the
internal revenue allotment of the local government unit concerned.
Section 14. Newborn Screening Fees. - The Philippine Health Insurance Corporation (PHIC) shall include
the cost of hearing loss screening in its benefit package. Such screening test may include among others
testing costs, registry, follow-up and the reasonable overhead expenses. For this purpose, the PHIC shall
develop a program for the gradual coverage of hearing loss screening, audiologic diagnostic evaluation,
and intervention services subject to Section 10 of Republic Act No. 7875, as amended by Republic Act No.
9241, otherwise known as the "National Health Insurance of 1995".
The DOH shall periodically review and recommend the newborn hearing loss screening fees to be charged
by Newborn Screening Centers: Provided, That no screening fee shall be charged to a patient who availed
of accredited behavioral tests, such as the Tuning Fork and Penlight method and other indigenous
methods: Provided, further, That on the methods accredited by the DOH, upon recommendation by the
NIH, shall be allowed as newborn hearing screening process.
Section 15. Funding. - The amount necessary to effectively carry out the purposes of this Act shall be
included in the annual General Appropriations Act.
Section 16. Implementing Rules and Regulations. - Within thirty (30) days from the effectivity of this Act,
the DOH, in collaboration with relevant government agencies and professional associations, shall develop
the implementing rules and regulations necessary to effectively implement the provisions of this Act:
Provided, That the DOH shall issue a special protocol on the deaf and people with hearing impairment in
the implementation of Section 5 of this Act.
REPUBLIC ACT NO. 9155 August 11, 2001
AN ACT INSTITUTING A FRAME WORK OF GOVERNANCE FOR BASIC EDUCATION,
ESTABLISHING AUTHORITY AND ACCOUNTABILITY, RENAMING THE DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT OF EDUCATION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education Act of 2001."
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the
right of all citizens to quality basic education and to make such education accessible to all by providing all
Filipino children a free and compulsory education in the elementary level and free education in the high
school level. Such education shall also include alternative learning systems for out-of-school youth and
adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and values
they need to become caring, seIf-reliant, productive and patriotic citizens.
The school shall be the heart of the formal education system. It is where children learn. Schools shall have
a single aim of providing the best possible basic education for all learners.
Governance of basic education shall begin at the national level it is at the regions, divisions, schools and
learning centers herein referred to as the field offices - where the policy and principle for the governance of
181
basic education shall be translated into programs, projects and services developed, adapted and offered to
fit local needs.
The State shall encourage local initiatives for improving the quality of basic education. The State shall
ensure that the values, needs and aspirations of a school community are reflected in the program of
education for the children, out-of-school youth and adult learners. Schools and learning centers shall be
empowered to make decisions on what is best for the learners they serve.
Section 3. Purposes and Objectives. - The purposes and objectives of this Act are:
(a) To provide the framework for the governance of basic education which shall set the general directions
for educational policies and standards and establish authority, accountability and responsibility for
achieving higher learning outcomes;
(b) To define the roles and responsibilities of and provide resources to, the field offices which shall
implement educational programs, projects and services in communities they serve;
(c) To make schools and learning centers the most important vehicle for the teaching and learning of
national values and for developing in the Filipino learners love of country and pride in its rich heritage;
(d) To ensure that schools and learning centers receive the kind of focused attention they deserve and that
educational programs, projects and services take into account the interests of all members of the
community;
(e) To enable the schools and learning centers to reflect the values of the community by allowing
teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners;
(f) To encourage local initiatives for the improvement of schools and learning centers and to provide the
means by which these improvements may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of
core competencies prescribed for elementary and high school education programs or where the
out-of-school youth and adult learners are provided alternative learning programs and receive
accreditation for at least the equivalent of a high school education.
Section 4. Definition of Terms. - For purposes of this Act, the terms or phrases used shall mean or be
understood as follows:
(a) Alternative Learning System -is a parallel learning system to provide a viable alternative to the existing
formal education instruction. It encompasses both the nonformal and informal sources of knowledge and
skills;
(b) Basic Education - is the education intended to meet basic learning needs which lays the foundation on
which subsequent learning can be based. It encompasses early childhood, elementary and high school
education as well as alternative learning systems four out-of-school youth and adult learners and includes
education for those with special needs;
(c) Cluster of Schools - is a group of schools which are geographically contiguous and brought together to
improve the learning outcomes;
(d) Formal Education - is the systematic and deliberate process of hierarchically structured and sequential
learning corresponding to the general concept of elementary and secondary level of schooling. At the end
of each level, the learner needs a certification in order to enter or advance to the next level;
(e) Informal Education - is a lifelong process of learning by which every person acquires and accumulates
knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life
itself;
(f) Integrated School. - is a school that offers a complete basic education in one school site and has unified
instructional program;
(g) Learner - is any individual seeking basic literacy skills and functional life skills or support services for
the improvement of the quality of his/her life;
(h) Learning Center - is a physical space to house learning resources and facilities of a learning program
for out-of-school youth and adults. It is a venue for face-to-face learning and activities and other learning
opportunities for community development and improvement of the people's quality of life;
(i) Learning Facilitator - is the key learning support person who is responsible for supervising/facilitating
the learning process and activities of the learner;
(j) Non-Formal Education - is any organized, systematic educational activity carried outside the framework
of the formal system to provide selected types of learning to a segment of the population;
(k) Quality Education - is the appropriateness, relevance and excellence of the education given to meet the
needs and aspirations of an individual and society;
(I) .School - is an educational institution, private and public, undertaking educational operation with a
specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction
from teachers, usually located in a building or a group of buildings in a particular physical or cyber site; and
(m) .School Head - is a person responsible for the administrative and instructional supervision of the
school or cluster of schools.
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CHAPTER 1
GOVERNANCE OF BASIC EDUCATION
Section 5. Principles of Shared Governance. - (a) Shared governance is a principle which recognizes that
every unit in the education bureaucracy has a particular role, task and responsibility inherent in the office
and for which it is principally accountable for outcomes;
(b) The process of democratic consultation shall be observed in the decision-making process at
appropriate levels. Feedback mechanisms shall be established to ensure coordination and open
communication of the central office with the regional, division and school levels;
(c) The principles of accountability and transparency shall be operationalized in the performance of
functions and responsibilities at all levels; and
(d) The communication channels of field offices shall be strengthened to facilitate flow of information and
expand linkages with other government agencies, local government units and nongovernmental
organizations for effective governance.
Section 6. Governance. - The Department of Education, Culture and Sports shall henceforth be called the
Department of Education. It shall be vested with authority, accountability and responsibility for ensuring
access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports shall
be as provided for in Sections 8 and 9 hereof.
Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise
overall authority and supervision over the operations of the Department.
A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have
authority, accountability and responsibility for the following:
(1) Formulating national educational policies;
(2) Formulating a national basic education plan;
(3) Promulgating national educational Standards;
(4) Monitoring and assessing national learning outcomes;
(5) Undertaking national educational research and studies;
(6) Enhancing the employment status, professional competence, welfare and working conditions of all
personnel of the Department; and
(7) Enhancing the total development of learners through local and national programs and/or projects.
The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than
four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by law.
There shall be at least one undersecretary and one assistant secretary who shall be career executive
service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by law. Each regional office shall have a
director, an assistant director and an office staff for program promotion and support, planning,
administrative and fiscal services.
Consistent with the national educational policies, plans and standards, the regional director shall have
authority, accountability and responsibility for the following:
(1) Defining a regional educational policy framework which reflects the values, needs and expectations of
the communities they serve;
(2) Developing a regional basic education plan;
(3) Developing regional educational standards with a view towards bench-marking for international
competitiveness;
(4) Monitoring, evaluating and assessing regional learning outcomes;
(5) Undertaking research projects and developing and managing region wide projects which may be
funded through official development assistance and/or or other finding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the recruitment, selection and training of
all staff in the region and divisions.
(7) Formulating, in coordination with the regional development council, the budget to support the regional
educational plan which shall take into account the educational plans of the divisions and districts;
(8) Determining the organization component of the divisions and districts and approving the proposed
staffing pattern of all employees in the divisions and districts;
(9) Hiring, placing and evaluating all employees in the regional office, except for the position of assistant
director;
(10) Evaluating all schools division superintendents and assistant division superintendents in the region;
(II) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of
the regional office, including professional staff development.;
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(12) Managing the database and management information system of the region;
(13) Approving the establishment of public and private elementary and high schools and learning centers;
and
(14) Preforming such other functions as may be assigned by proper authorities.
C. Division Level
A division shall consist of a province or a city which shall have a schools division superintendent, at least
one assistant schools division superintendent and an office staff for programs promotion, planning,
administrative, fiscal, legal, ancillary and other support services.
Consistent with the national educational policies, plans and standards the schools division superintendents
shall have authority, accountability and responsibility for the following:
(1) Developing and implementing division education development plans;
(2) Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of
the division, including professional staff development;
(3) Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all
employees in the division, both teaching and non-teaching personnel, including school heads, except for
the assistant division superintendent;
(4) Monitoring the utilization of funds provided by the national government and the local government units
to the schools and learning centers;
(5) Ensuring compliance of quality standards for basic education programs and for this purpose
strengthening the role of division supervisors as subject area specialists;
(6) Promoting awareness of and adherence by all schools and learning centers to accreditation standards
prescribed by the Secretary of Education;
(7) Supervising the operations of all public and private elementary, secondary and integrated schools, and
learning centers; and
(8) Performing such other functions as may be assigned by proper authorities.
D. Schools District Level
Upon the recommendation of the schools division superintendents, the regional director may establish
additional schools district within a schools division. School districts already existing at tile time of the
passage of the law shall be maintained. A schools district shall have a schools district supervisor and an
office staff for program promotion.
The schools district supervisor shall be responsible for:
(1) Providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;
(2) Curricula supervision; and
(3) Performing such other functions as may be assigned by proper authorities.
E. School Level
There shall be a school head for all public elementary schools and public high schools or a cluster thereof.
The establishment of integrated schools from existing public elementary and public high schools shall be
encouraged.
The school head, who may be assisted by an assistant school head, shall be both an instructional leader
and administrative manager. The school head shall form a them with the school teachers/learning
facilitators for delivery of quality educational programs, projects and services. A core of nonteaching staff
shall handle the school's administrative, fiscal and auxiliary services.
Consistent with the national educational policies, plans and standards, the school heads shall have
authority, accountability and responsibility for the following:
(1) Setting the mission, vision, goals and objectives of the school;
(2) Creating an environment within the school that is conducive to teaching and learning;
(3) Implementing the school curriculum and being accountable for higher learning outcomes;
(4) Developing the school education program and school improvement plan;
(5) Offering educational programs, projects and services which provide equitable opportunities for all
learners in the community;
(6) Introducing new and innovative modes of instruction to achieve higher learning outcomes;
(7) Administering and managing all personnel, physical and fiscal resources of the school;
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(8) Recommending the staffing complement of the school based on its needs;
(9) Encouraging staff development;
(10) Establishing school and community networks and encouraging the active participation of teachers
organizations, nonacademic personnel of public schools, and parents-teachers-community associations;
(11) Accepting donations, gifts, bequests and grants for the purpose of upgrading teachers' learning
facilitators' competencies, improving ad expanding school facilities and providing instructional materials
and equipment. Such donations or grants must be reported to the appropriate district supervisors and
division superintendents; and
(12) Performing such other functions as may be assigned by proper authorities.
The Secretary of Education shall create a promotions board, at the appropriate levels, which shall
formulate and implement a system of promotion for schools decision supervisors, schools district
supervisors, and school heads. Promotion of school heads shall be based on educational qualification,
merit and performance rather than on the number of teachers/learning facilitators and learners in the
school.
The qualifications, salary grade, status of employment and welfare and benefits of school heads shall be
the same for public elementary, secondary and integrated schools.
No appointment to the positions of regional directors, assistant regional directors, schools division
superintendents and assistant schools division superintendents shall be made unless file appointee is a
career executive service officer who preferably shall have risen from the ranks.
CHAPTER 2
TRANSFER OF CULTURAL AGENCIES
SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical Institute, Records
Management and Archives Office and the National Library shall now be administratively attached to the
National Commission for Culture and the Arts (NCCA) and no loner with the Department of Education. The
program for school arts and culture shall remain part of the school curriculum.
CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS
Section 9. Abolition of BPESS. - All functions, programs and activities of the Department of Education
related to sports competition shall be transferred to the Philippine Sports Commission (PSC). The program
for school sports and physical fitness shall remain part of the basic education curriculum.
The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The personnel of the Section 15. Separability Clause. - If for any reason, any portion or provision of this Act shall be declared
BPESS, presently detailed with the PSC, are hereby transferred to the PSC without loss of rank, including unconstitutional, other parts or provisions hereof which are not affected thereby shall continue to be in full
the plantilla positions they occupy. All other BPESS personnel shall be retained by the Department. force and effect.

CHAPTER 4 Republic Act No. 10666

SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES
AN ACT PROVIDING FOR THE SAFETY OF CHILDREN ABOARD MOTORCYLES
Section 10. The Secretary of Education and the Secretary of Budget and Management shall, within ninety
(90) days from the approval of this Act, jointly promulgate the guidelines on the allocation, distribution and Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
utilization of resources provided by thenational government for the field offices, taking into consideration
the uniqueness of the working conditions of the teaching service.
Section 1. Short Title. – This Act shall be known as "Children’s Safety on Motorcycles Act of 2015".

The Secretary of the Department of Education shall ensure that resources appropriated for the field offices
Section 2. Declaration of Policy. – It is the policy of the State to defend the right of children to assistance,
are adequate and that resources for school personnel, school desks and textbooks and other instructional
including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty,
materials intended are allocated directly and released immediately by the Department of Budget and
exploitation, and other conditions prejudicial to their development.
Management to said offices.

Towards this end, the State shall pursue a more proactive and preventive approach to secure the safety of
Section 11. The Secretary of the Department of Education, subject to civil service laws and regulations,
passengers, especially children, by regulating the operation of motorcycles along roads and highways.
shall issue appropriate personnel policy rules and regulations that will best meet the requirements of the
teaching profession taking into consideration the uniqueness of the working conditions of the teaching
service. Section 3. Definitions. – For purposes of this Act, the following terms shall mean:

Section 12. The Commission on Audit, in the issuance of audit rules and regulations that will govern the
utilization of all resources as well as the liquidation, recording and reporting thereof, shall take into account
the different characteristics and distinct features of the department's field offices, its organizational set up
as well as the nature of the operations of schools and learning centers.
CHAPTER 5
FINAL PROVISIONS
(a) Motorcycle refers to any two (2)-wheeled motor vehicle having one (1) or two (2) riding saddles;
(b) Public roads refer to roads designed by the national government or local government units as roads for
public use such as, but not limited to, national highways, provincial roads, city, municipal and barangay
streets;
(c) Foot peg refers to a flat form attached to the motorcycles on which to stand or brace the feet; and

Section 13. Governance in the ARMM; - The Regional Education Secretary for the Autonomous Region in (d) Rider refers to the driver of a motorcycle.
Muslim Mindanao (ARMM) shall exercise similar governance authority over the divisions, districts, schools
and learning centers in the region as may be provided in the Organic Act. without prejudice to the Section 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a
provisions of Republic Act No. 9054, entitled "An Act to Strengthen and Expand tile Organic Act for the child on board on public roads where there is heavy volume of vehicles, there is a high density of fast
Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No.6734, entitled' An moving vehicles or where a speed limit of more than 60/kph is imposed, unless:
Act Providing for the Autonomous Region in Muslim Mindanao, as amended"'.
(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;
Section 14. Rules and Regulations. - The Secretary of Education shall promulgate the implementing rules
and regulations within ninety (90) days after the approval of this Act: Provided, That the Secretary of
(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and
Education shall fully implement the principle of shared governance within two (2) years after the approval
of this Act.
(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise
known the "Motorcycle Helmet Act of 2009."

185
Section 5. Exception. – Notwithstanding the prohibition provided in the preceding section, this Act shall
not apply to cases where the child to be transported requires immediate medical attention.
Section 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act shall be
fined with an amount of three thousand pesos (P3,000.00) for the first offense; five thousand pesos
(P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the third and succeeding
offenses.
Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of one
(1) month.
Information Agency (PIA), the Department of Education (DepED) and concerned private organizations and
agencies, shall undertake a nationwide information and education campaign for a period of three (3)
months on the important provisions of this Act and its IRR.
Thereafter, the aforementioned agencies shall include the essential provisions of this Act in their
respective annual communications programs.1âwphi1
Section 11. Implementing Rules and Regulations. – As the lead agency, the LTO shall formulate the IRR
of this Act within ninety (90) days after its effectivity.

Violation of these provisions beyond the third time shall result to automatic revocation of the offender’s
driver’s license.

Section 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to increase
or adjust the amounts of fines herein imposed: Provided, That:

(a) The increase or adjustment is made after public consultation once every three (3) years from the
effectivity of this Act and in the amount not exceeding twenty percent (20%) of the amounts sought to be
increased or adjusted;

(b) A thorough study has been conducted indicating that the existing amounts are no longer an effective
deterrent;

(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been considered in
the determination of the increase or adjustment; and

(d) The increases or adjustment shall only become effective fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Section 8. Qualifying Circumstances. – If, in violation of the provisions of this Act, death shall have
resulted or serious or less serious injuries shall have been inflicted upon the child or any other person, a
penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator of the
motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise known as
"The Revised Penal Code of the Philippines", as amended.

Section 9. Authority to Deputize Traffic Enforcers and Local Government Units (LGUs). — To effectively
implement the provisions of this Act, the LTO is hereby given the authority to deputize members of the
Philippine National Police (PNP), the Metropolitan Manila Development Authority (MMDA) and the LGUs
to carry out enforcement functions and duties.

Section 10. Public Information Campaign. – Not later than thirty (30) days following the promulgation of
the Implementing Rules and Regulations (IRR) of this Act, the LTO, in coordination with the Philippine

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