AGRARIAN LAW AND SOCIAL

LEGISLATION

Universal Declaration of Human Rights

(UNO)

What is social justice?

"Social justice is 'neither communism, nor
despositism, nor atomism nor anarchy,'
but the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational
and objectively secular conception may at
least be approximated. Social justice
means the promotion of the welfare of all
the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
component elements of society, through
the maintenance of a proper economic
and social equilibrium in the inter-relations
of the members of the community,
constitutionally, through the adoption of
measures legally justifiable, or extraconstitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored
principle of salus populi est suprema lex."
Calalang v. Williams, (70 Phil. 726) (Bar
Question)

CONSTRUCTION: All doubts in the

implementation and interpretation of
different social legislations shall be
resolved in favor of compensability.

He who has less in life should have more

in law. Ramon Magsaysay
The promotion of the welfare of all the
people, the adoption by the government of
measures calculated to insure economic
stability of all the component elements of
the society through the maintenance of
proper economic and social equilibrium in
the interrelation of the members in the
community, constitutionally through the
adoption of measures legally justifiable or
extra-constitutionally through the exercise
of powers, underlying the exercise of all
governments on the time honoured
principle of salus populi est suprema lex.
Dr. Jose P. Laurel*
The law is geared towards* the concern of
labor because our legislators realized the
social and economic imbalance between
the employer and employee.
Philippines is a signatory to the
International Labor Organization (ILO)

The inflexible rule in our jurisdiction is

that social legislation must be liberally
construed in favor of the beneficiaries.
Retirement laws, in particular, are liberally
construed in favor of the retiree because
their objective is to provide for the
retirees sustenance and, hopefully, even
comfort, when he no longer has the
capability to earn a livelihood. The liberal
approach aims to achieve the
humanitarian purposes of the law in order
that efficiency, security, and well-being of
government employees may be enhanced.
Indeed, retirement laws are liberally
construed and administered in favor of the
persons intended to be benefited, and all
doubts are resolved in favor of the retiree
to achieve their humanitarian purpose.
- Construction (GSIS vs. De Leon. G.R. NO.
186560, November 17, 2010)
LIMITED PORTABILITY LAW (R.A.
7699)
An Act Instituting Limited Portability
Scheme in the Social Security Insurance
Systems by Totalizing the Workers
Creditable Services or Contributions in
each of the Systems
Policy of the State: (PIT)
Promotion of workers welfare by
realizing their efforts in productive
endeavors;
Improvement of workers conditions by
providing benefits for their long years of
contribution to national economy; and
Totalization and portability of social
security benefits with the view of
establishing within a reasonable period a
unitary social security system*
Note: it includes contributions paid by the
employee or worker on account of the

workers membership to the system,

either the GSIS or the SSS.
Totalization refers to the process of
adding up the periods of creditable
services or contributions under each of the
systems, for purposes of eligibility and
computation of benefits.
Portability refers to the transfer of funds
for the account and benefit of a worker
who transfers from one system to the
other.
Who are the covered workers?
Those who transfer employment from
public to private sector or vice-versa; or
Employed in both private and public
sectors.
RULE I : COVERAGE
Section 1. These rules and regulations
shall apply to all workermembers of the
Government Service Insurance System
(GSIS) and/or Social Security System (SSS)
who transfer from one
sector to another, and who wish to retain
their membership in both Systems.*
The creditable services or contributions in
both systems shall be:
CREDITED to their service or contribution
record in each of the systems; and
TOTALIZED for purposes of old-age,
disability, survivorship and other benefits
in case the covered member hoes not
qualify for SSS or GSIS benefits in either or
both systems without totalization.
Note: In case of overlapping periods of
membership, it shall be credited only
ONCE for purposes of totalization.
Proportionality of Benefits:
Benefits to be paid by the system shall
be in proportion to the number of
contributions ACTUALLY REMITTED to that
system.
Note: All contributions paid by such
member personally, and those that were
paid by his employers to both systems
(SSS and GSIS) shall be considered in the
processing of benefits which he can claim
from either or both systems.

f) Creditable services for the public

sector, the following shall be considered
creditable services:
1.1 All previous services rendered by an
official/employee pursuant to an
appointment whether permanent,
provisional or temporary.
1.2 All previous services rendered by an
official/employee pursuant to a duly
approved appointment to a position in the
Civil Service with compensation or salary;
1.3 The period during which an
official/employee was on authorized sick
leave of absence without pay not
exceeding one year;
1.4 The period during which an official or
employee was out of the service as a
result of illegal termination of his service
as finally decided by the proper
authorities; and
1.5 All previous services with
compensation or salary rendered by
elective officials.
g) Period of contribution for the
private sector, the periods of contribution
shall refer to the periods during which a
person renders services for an employer
with compensation or salary and during
which contributions were paid to SSS. For
the purpose of this Section, a self
employed person shall be considered an
employee and employer at the same time.
h) Eligibility means the worker has
satisfied the requirements for entitlement
to the benefits provided for under the Act.
Benefits shall refer to the following:
1. Oldage benefit
2. Disability benefit
3. Survivorship benefit
4. Sickness benefit
5. Medicare benefit, provided that the
member shall claim said benefit from the
System where he was last a member, and
6. Such other benefits common to both
System that may be availed of through
totalization.
Section 1. The process involved in the
prompt payment of money benefits to
eligible members shall be the joint
responsibility of the GSIS and SSS.
RULE V : TOTALIZATION

Section 1. All creditable services or

periods of contributions made
continuously or in the aggregate of a
worker under either of the Sectors shall be
added up and considered for
purposes of eligibility and
computation of benefits.
Section 2. All services rendered or
contributions paid by a member personally
and those that were paid by the
employers to either System shall be
considered in the computation of benefits,
which may be claimed from either or
both Systems. However, the amount
of benefits to be paid by one System
shall be in proportion to the services
rendered/periods of contributions
made to that System.

you have chosen, you would not be

allowed to incorporate your contributions
to the SSS anymore for availment of
additional benefits.
In case of death, disability and old age,
the periods of creditable services or
contributions to the SSS and GSIS shall be
summed up to entitle you to receive the
benefits under either PD 1146 or RA 8291
(expanded GSIS).
If qualified under RA 8291, all the
benefits shall apply EXCEPT the cash
payment. The reason for this is that
the Portability Law or RA 7699
provides that only benefits common
to both Systems (GSIS and SSS) shall
be paid. Cash payment is NOT
included in the benefits provided by
the SSS.

Section 3. Totalization shall apply in the

following instances:
a)If a worker is not qualified for any
benefits from both Systems;
b) If a worker in the public sector is not
qualified for any benefits in the GSIS; or
c) If a worker in the private sector is not
qualified for any benefits from the SSS.
For the purpose of computation of
benefits, totalization shall apply in all
cases so that the contributions made by
the workermember in both Systems shall
provide maximum benefits which
otherwise will not be available. In no case
shall the contribution be lost or forfeited.

54. Under the Limited Portability law,

funds from the GSIS and the SSS maybe
transferred for the benefit of a worker who
transfers from one system to the other. For
this purpose, overlapping periods of
membership shall be:
A. credited only once.
B. credited in full.
C. proportionately reduced.
D. equally divided for the purpose of
totalization. (Bar 2011).

Section 4. If after totalization the

workermember still does not qualify
for any benefit listed in Rule III, Section 1
(j), the member will then get
whatever benefits correspond to
his/her contributions in either or both
Systems.
Section 5. If a worker qualifies for
benefits in both Systems, totalization shall
not apply.
Section 7. Overlapping periods of
creditable services or contributions in
both Systems shall be credited only
once for purposes of totalization.*
If you have satisfied the required years of
service under the GSIS retirement option

How are the portability provisions of R.A.

7699 beneficial or advantageous to SSS
and GSIS members in terms of their
creditable employment services in the
private sector or the government, as the
case may be, for purposes of death,
disability or retirement? Please explain
your answer briefly. (Bar Question.)
Portability provisions of R.A. No. 7699 shall
benefit a covered worker who transfers
employment from one sector to another or
is employed in both sectors, whose
creditable services or contributions in both
systems credited to his service or
contribution record in each of the system
and shall be totalized for purposes of oldage, disability, survivorship and other
benefits. (Sec. 3, R.A. No. 7699)
The portability provisions of R.A. No. 7699
allow the transfer of funds for the account

and benefit of the worker who transfers

from one system to another.
This is advantageous to the SSS and GSIS
members for purposes of death, disability
or retirement benefits. In the event the
employee transfers from the private sector
to the public sector, or vice-versa, their
creditable employment services and
contributions are carried over and
transferred as well.

PATERNITY LEAVE ACT OF 1996 (R.A.

8187)
PATERNITY LEAVE
Refers to the benefits granted to a married
male employee allowing him not to report
for work for seven (7) days* but continues
to earn the compensation therefor, on the
condition that his spouse has delivered a
child or suffered a miscarriage for enabling
him to effectively lend support to his wife
in her period of recovery and/or in the
nursing of the newly-born child.
Section 2. Notwithstanding any law, rules
and regulations to the contrary, every
married male employee in the private and
public sectors shall be entitled to a
paternity leave of seven (7) days with full
pay for the first four (4) deliveries of the
legitimate spouse with whom he is
cohabiting. The male employee applying
for paternity leave shall notify his
employer of the pregnancy of his

legitimate spouse and the expected date

of such delivery.
For purposes, of this Act, delivery shall
include childbirth or any miscarriage.
CONDITIONS: (RIRR Revised
Implementing Rules and Regulations of
R.A. No. 8187)
SECTION 3. Conditions to entitlement of
paternity leave benefits.
A married male employee shall be entitled
to paternity benefits provided that:
a. he is an employee at the time of
delivery of his child;
b. he is cohabiting with his spouse at the
time she gives birth or suffers a
miscarriage.
c. he has applied for paternity leave in
accordance with Section 4 hereof; and
d. his wife has given birth or suffered a
miscarriage.
SECTION 4. Application for leave. The
married male employees shall apply for
paternity leave with his employer within a
reasonable period of time from the
expected date of delivery by the pregnant
spouse, or within such period as may be
provided by company rules and
regulations or by collective bargaining
agreement, provided that prior application
for leave shall not be required in case of
miscarriage.
Note: Delivery shall include childbirth or
any miscarriage. Paternity Leave Benefits
shall not be convertible to cash in case it
is not availed of. (Not commutable)* [vs.
commutation of sentence, RPC]
Unlike maternity leave, paternity leave is
not found in the Labor Code.
The benefit is availed of not later than 60
days after delivery/miscarriage/abortion.
The covered employee is entitled to a
seven-day leave (BASIC SALARY)* for the
first four deliveries/miscarriage of his
lawful spouse.
BASIC SALARY* means your REGULAR
wage, commissions, and allowances
INDEPENDENT of compliance with certain
rules or exertion of additional effort.

SECTION 5. Availment. Paternity leave

benefits shall be granted to the qualified
employee after the delivery by his wife,
without prejudice to an employer allowing
an employee to avail of the benefit before
or during the delivery; provided, that the
total number of days shall not exceed
seven (7) days for each delivery.
G.R. Exception
When Paternity Leave may be Availed of
The paternity benefit may be availed of
before, during or after delivery, provided
the total number of days does not exceed
7 working days. For example, the
employee may take a leave of 2 days
before delivery, 1 day during delivery, and
another 4 days after delivery.
However, the benefit must be availed of
not later than 60 days after date of
delivery.
SECTION 8. Non-diminution clause.
Nothing in these Rules shall be construed
to reduce or replace any existing benefits
of any kind granted under existing laws,
decrees, executive orders, or any contract,
agreement or policy between employer
and employee.
SECTION 9. Crediting of existing benefits.
Where a male employee is already
enjoying the paternity leave benefits by
reason of contract, company policy or
collective bargaining agreement, the
following rules shall apply:
a.If the existing paternity leave benefit is
greater than the benefit herein provided,
the greater benefit shall prevail;
b.If the existing paternity leave is less
than that provided herein, such existing
benefit shall be adjusted to the extent
of the difference. However, where a
contract, company policy or collective
bargaining agreement provides for an
emergency or contingency leave
without specific provisions on
paternity leave, the paternity leave
as herein provided shall apply in full.
There is a pending Senate Bill of Ramon
Bong Revilla, Jr., legislating that paternity
leave be extended on ALL deliveries of the
wife

Non conversion to cash: If the

employee does not avail of the paternity
leave, this benefit is not convertible to
cash (not commutable) nor is it
cumulative (increasing in quantity)
Duration of paternity leave: 7
CALENDAR days with full pay, consisting of
basic pay and mandatory allowances.
Limits: This benefit is applicable to the
first four (4) deliveries of the spouse of the
employee with whom he is cohabiting.
Penal sanctions:
Sec. 5. Any person, corporation, trust,
firm, partnership, association or entity*
found violating this Act or the rules and
regulations promulgated thereunder shall
be punished by a fine not exceeding
Twenty-Five thousand Pesos
(PHP25,000.00)* [PHP, PhP, Php, and/or
P] or imprisonment of not less than thirty
(30) days nor more than six (6) months.
If the violation is committed by a
corporation, trust or firm, partnership,
association or any other entity, the
penalty of imprisonment shall be imposed
on the entitys responsible officers,
including, but not limited to, the president,
vice-president, chief executive officer,
general manager, managing director or
partner directly responsible therefor.
QUESTIONS:
This would address only married fathers
would be a discrimination against
unmarried fathers to be what if they
prioritize the well-being of the baby before
thinking about the marriage? What if they
dont believe in the sanctity of marriage?
Or what if the child has a father who cant
be married again for the father has been
married once? Females can acquire
maternity leave even unwed, why cant
males do so?
Because the law presumes that the
illegitimate child is under the sole custody
of the mother and that the father is not
living with the mother. The rationale is
different for the mother who is granted
maternity leave because regardless of her
civil status, a mother who has just given
birth needs the same amount of care and
rest to heal and get well. Husbands are
allowed paternity leave so that they can

help their wives cope with the special

needs arising from taking care of a
newborn at home. It is related to the legal
obligation of the husband to take care and
support the wife. That kind of legal duty
does not attach to the unwed father. It is
not strictly speaking discrimination but a
reasonable distinction due to
differences in both settings.
Does RA 8187 apply for individuals
working as consultants for a certain
company? It is stipulated in my contract
with the employer that we are not
employees, but rather consultants.
But I do believe that the more appropriate
term to be used is contractual. Does the
RA 8187 applicable on our condition?
The Paternity Leave is granted to ALL
married male employees in the private
sector, regardless of their employment
status which may be probationary,
regular, contractual or project basis. So,
yes. It applies to contractual employees as
well.
Paternity leave benefit is granted to
married employees regardless of their
length of service to the company? So even
if the father is only on his second month of
employment, the company has to grant
him this benefit?
Yes, thats correct. But the employee must
notify the employer of the wifes
pregnancy and expected due date to avail
of this benefit.
Consultant as a contractual employee vs.
consultant as an independent contractor
Consultants are independent contractors,
not employees, who are often hired to
render advice or provide specialized
service that is not in the ordinary course
of the business of the company. Examples
are PR consultants, HR consultants and
marketing consultants. Their scope of
work is limited by a contract or
agreement, which is why a consultant is
often mistaken for contractual.
Contractual employees are those whose
employment are for a fixed term or period.
The contract is often renewed after the
expiry. The difference between the two is

in the control that the company engaging

their services has on them. A consultant
performs work using his own tools,
resources, time and methods. The
contractual employee usually performs
work following specific instructions of and
is subject to the disciplinary rules of the
employer. So, for example, if the company
prohibits moonlighting or holding two or
more employment, the contractual
employee may be terminated on this
ground, while the consultant is not subject
to this restriction unless the terms of his
contract specifically say so.
What if the employee decides not to take
all of the leave days allowed (e.g. he was
on paternity leave only for 2 days). Do the
5 remaining days still apply?
KA KLARO ANA!!!
Is there any specific document needed for
applying paternity leave like maternity
leave?
Generally, there is only an application for
paternity leave that must be filed within a
reasonable period of time from the
expected date of delivery, meaning the
application must be made PRIOR to the
expected date of delivery although the
paternity leave is to be used after delivery.
But you should also check with your HR or
employer if there is an existing company
rule on the kind of notice required. In case
of miscarriage, prior application for
paternity leave is not required.
In the revised IRR issued by DOLE on
March 13, 1997 they delisted abortion
from the coverage of the paternity leave.
How about abortion that intentionally
committed by medical practitioner in order
to save the life of the mother out of a
certain condition. Can the legal husband
avail of paternity leave, given the situation
above?
Abortion is not included in the legal
provisions on Paternity Leave. But this
does not mean that the company cannot
grant paternity leave as its own policy. The
law is a minimum standard employers
can extend its benefits for humanitarian
reasons.

Is the application mechanics for paternity

leave the same for maternity leave
where SSS pays them NOT the company
(because the company has no leave
benefits on its own).
The Paternity leave is not a cash out
benefit unlike the maternity benefit.
Before the child is born, the father notifies
the employer of the expected due date
and the tentative schedule of the paternity
leave after the delivery. Once the child is
born, the father may then use the 7-day
leave without suffering any deduction for
his absence. Hence, it is a paid leave. It
is not convertible to cash if the father does
not use it.
As a GENERAL RULE: the paternity leave
is available after the delivery of the child
with the EXCEPTION of existing company
policy or other agreement where the
EMPLOYER allows the employee to avail of
the leave before the delivery. No
contradiction you just have to read it in
its entirety. One is the general rule, the
other is an exception.
We contracted a Service Provider for a
certain position and that employee is
under the payroll of the Service Provider.
Where will the contractual personnel file
the notification of the wifes childbirth, to
the Service Provider or to us where she/ he
is assigned? Who will pay for the 7 days
paternity leave, the Service Provider or
us? (the employer service provider of
course, unless otherwise agreed upon)
Paternity leave is a benefit that the
employer must provide if the
personnel who is about to become a father
is NOT your employee but of a service
provider then he should notify the service
provider who will take note of the
expected due date including the tentative
dates of the paternity leave. The paternity
leave is not a cash benefit like the
maternity benefit, no amount is actually
disbursed but the employee on
paternity leave is allowed a paid
leave. This means, he will not suffer a
salary deduction for not working on those
days. But this is a matter appropriate for

the employer (who is the service provider)

to consider. The service provider may just
have to inform you, as a matter of
expediency, of the inclusive dates of the
paternity leave.
If the father has already 4 children and
there is another newly born child, can he
avail his paternity leave if he did not avail
it in his first born? The first was born 1997
but for any reason nobody informed or
notified him regarding paternity leave at
that time. By the way when was paternity
leave became a law?
The Paternity leave law was passed in
1996 and took effect in 1997. The
wordings of the law is clear it only applies
to the first 4 deliveries. The law does not
mention any exceptions, so unless there is
an amendment to this law, then the
reasonable interpretation would be to
exclude deliveries after the 4th child.
What if the birth of my baby falls on
national holiday can I still enjoy my 7 days
leave after the holiday? or it overs all
including saturday and sunday in that 7
days paternity leave
The Paternity leave is 7 calendar days,
unless otherwise provided in an existing
CBA or company policy as working days.
(DOLE advisory)
What if may baby was born 7 days before
we got married, would I still be able to
apply for a paternity leave?
No, you are not legally qualified for the
paternity leave, unless your employer has
a company policy that allows it.
Who will pay for the paternity leave,
company or SSS?
The paternity leave is not a cash benefit
that must be paid in case it is not used by
the employee. The employer grants it and
pays the employees usual salary as if he
reported for work at the time he avails of
the paternity leave.
My husbands SSS status is still single and
has not been updated yet by their agency.
I gave an early birth during the holy week

and the 7 days-should-be-paternity leave

is about to end.
It is the employers obligation (not the
SSS) to grant paternity leave. Paternity
leave is not a monetary or cash benefit
but a paid leave, meaning, your husband
can be excused from work for up to 7
calendar days and still get paid his salary
on those days. But to avail of this leave,
he must have informed his employer of
your pregnancy and the expected dates of
the availment.
Under agency.. janitorial. Etc..
For as long as hes an employee of that
agency meaning he performs services and
receives compensation for it, then he is
entitled to paternity leave regardless of
the length of his employment.
41. To avail himself of paternity leave with
pay, when must the male employee file
his application for leave?
A. Within one week from the expected
date of delivery by the wife.
B. Not later than one week after his
wifes delivery or miscarriage
C. Within a reasonable time from the
expected delivery date of his wife.
D. When a physician has already
ascertained the date the wife will give
birth.
43. Which of the following is NOT a
requisite for entitlement to paternity
leave?
A. The employee is cohabiting with his
wife when she gave birth or had a
miscarriage.
B. The employee is a regular or
permanent employee.
C. The wife has given birth or suffered a
miscarriage.
D. The employee is lawfully married to
his wife.
Mans Weto had been an employee had
been an employee of Nopolt Assurance
Company for the last ten (10) years. His
wife of six (6) years died last year. They
had four (4) children. He then fell in love
with Jovy, his co-employee, and they got
married.

In October this year, Wetos new wife is

expected to give birth to her first child. He
has accordingly filed his application for
parternity leave, conformably with the
provisions of the Paternity Leave Law
which took effect in 1996. The HRD
manager of the assurance firm denied his
application, on the ground that Weto had
already used up his entitlement under the
law. Weto argued that he has a new wife
who will be giving birth for the first time,
therefore, his entitlement to paternity
leave benefits would begin to run anew.
Whose contention is correct, Weto of the
HRD manager?
The contention of Weto is correct. The law
provides that every married male is
entitled to a paternity leave of seven (7)
days for the first four (4) deliveries of the
legitimate spouse with whom he is
cohabiting. The fact that Jovy is his second
wife and that Weto had 4 children with his
first wife is beside the point. The
important fact is that this is the first child
of Jovy with Weto. The law did not
distinguish and we should therefore not
distinguish.
The paternity leave was intended to
enable the husband to effectively lend
support to his wife in her period of
recovery and/or in the nursing of the
newly born child. (Sec. 3, R.A. No. 8187) To
deny Weto this benefit would be to defeat
the rationale of the law.
Moreover, the case of Weto if a grey area
and the doubt should be resolved in his
favor.
Is Jovy entitled to maternity leave
benefits?
Yes, Jovys maternity benefit is personal to
her and she is entitled under the law to
avail herself of the same for the first four
times of her delivery. (R.A. No. 8282).
MATERNITY LEAVE
A female member is entitled to a daily
maternity benefit equivalent to 100% of
her average daily salary credit for 60 days
or 78 days* in case of caesarean* delivery.
Requirements:

There is childbirth, abortion* or

miscarriage*; and (vs. Paternity leave (no
abortion{G.R.})
She has paid at least 3 monthly
contributions in the 12-month period
immediately preceding the semester of
her childbirth of miscarriage* (How is this
computed?)
Checklist for Availment
The pregnant woman employee must
have paid at least three monthly
contributions within the 12-month period
immediately preceding the semester of
her childbirth or miscarriage.
She has given the required notification of
her pregnancy through her employer if
employed, or to the SSS if separated,
voluntary or self-employed member.
3-monthly Contribution
Illustration
To avail of maternity benefits, the woman
employee must have paid at least three
monthly contributions within the 12-month
period immediately preceding the
semester of her childbirth or miscarriage.
A semester refers to two consecutive
quarters ending in the quarter of
contingency;
A quarter refers to three consecutive
months ending March, June, September or
December.
To illustrate, assume that the projected
date of delivery is March 2010.
The semester of childbirth would be from
October 2009 to March 2010. This is called
the semester of contingency.
Count 12 months backwards starting
from the month immediately before the
semester of contingency, which is
September 2009.
Hence, the 12-month period immediately
preceding the semester of childbirth or
miscarriage is from October 2008 to
September 2009.
To avail of the benefits, the employee
must have paid at least 3 monthly
contributions during this period.
Note that this requirement supersedes
Article 133, which requires that the
woman employees must have rendered an

aggregate service of at least six months

for the last twelve months.
Conditions:
Employee shall notify her employer of
her pregnancy and the probable date of
her childbirth, which notice shall be
transmitted to the SSS;
The payment shall be advanced by the
employer in two equal installments within
30 days from the filing of the maternity
leave application;
The payment of daily maternity benefits
shall be a bar to the recovery of sickness
benefits for the same compensable period
of 60 days for the same childbirth,
abortion, or miscarriage, or 78 days in
case of caesarean delivery;*
That the maternity benefits provided
under this Section shall be paid only for
the first four deliveries or miscarriages.
That the SSS shall immediately
reimburse the employer of 100% of
the amount of maternity benefits
advanced to the employee by the
employer upon receipt of satisfactory
proof of such payment and legality
thereof; and
If an employee should give birth or suffer
abortion or miscarriage without the
required contributions having been
remitted for her by her employer to the
SSS, or without the latter having been
previously notified by the employer of the
time of the pregnancy, the employer shall
pay to the SSS damages equivalent to the
benefits, which said employee would
otherwise have been entitled to, and the
SSS shall in turn pay such amount.
Abortion
Reproductive Health Act of 2012. (3)
Proscription of abortion and
management of abortion complications;
What if 10 days la na maternity leave?
Punishment?
Penal Provisions under R.A. 8282 (Social
Security Law)
(among others)
"(e) Whoever fails or refuses to comply
with the provisions of this Act or with the

rules and regulations promulgated by the

Commission, shall be punished by a fine of
not less than Five thousand pesos
(P5,000.00) nor more than Twenty
thousand pesos (P20,000.00), or
imprisonment for not less than six (6)
years and one (1) day nor more than
twelve (12) years, or both, at the
discretion of the court: Provided, That
where the violation consists in failure or
refusal to register employees or himself, in
case of the covered self-employed or to
deduct contributions from the employees'
compensation and remit the same to the
SSS, the penalty shall be a fine of not less
Five thousand pesos (P5,000.00) nor more
than Twenty thousand pesos (P20,000.00)
and imprisonment for not less than six (6)
years and one (1) day nor more than
twelve (12) years.
Maternity Leave under Labor Code
Maternity Leave
Under Article 133(a) of the Labor Code,
Every employer shall grant to any
pregnant woman employees who has
rendered an aggregate service of at least
six months for the last twelve months,
maternity leave of at least two weeks prior
to the expected date of delivery and
another four weeks after normal delivery
or abortion, with full pay based on her
regular or average weekly wages.
From the above provision, a qualified
pregnant woman employee shall be
entitled maternity leave of at least two
weeks prior to expected date of delivery
and another four weeks after normal
delivery or abortion. Thats a total of six
weeks maternity leave.
(Note: Article 133, particularly
provisions pertaining to benefits and
procedure for availment, must give
way to Social Security Act.)
Leave extension
Maternity leave may be extended on
account of illness arising out of the
pregnancy, delivery, abortion or
miscarriage, which renders the woman
unfit for work. Extended maternity
leave is without pay, but may be

charged against any unused leave

credits.
Maternity Benefits under SSS Law
A pregnant woman member of SSS who
has paid at least three monthly
contributions in the twelve-month period
immediately preceding the semester of
her childbirth or miscarriage shall be paid
a daily maternity benefit.
Amount
SSS maternity benefit shall be equivalent
to 100% of the pregnant employees
average daily salary credit for 60 days, or
78 days in case of caesarian delivery.
Time of payment
The full payment of maternity
benefits shall be advanced by the
employer within 30 days from the
filing of the maternity leave
application.
Who makes the payment
The SSS shoulders the payment of
maternity benefits. But the procedure
is that the payment is to be initially
advanced by the employer, subject to
immediate reimbursement by SSS.
Valid marriage not required
Unlike in paternity leave where valid
marriage is a requisite for availment, the
existence of a valid marriage is not
required to avail of maternity leave
benefits.
Limitation on Availment
Entitlement to maternity leave under the
Labor Code and maternity benefits under
the SSS Law applies only for the first four
deliveries.

Bar to recovery of sickness benefits.

That payment of daily maternity benefits
is a bar to the recovery of SSS sickness
benefits for the same period for which
daily maternity benefits have been
received.
Effect of Failure of Employer to
Remit Contribution.

If the employer fails to remit the required

contributions, or to notify SSS of the time
of the pregnancy, the employer shall pay
to the SSS damages equivalent to the
benefits which said employee member
would otherwise have been entitled to.
Tax Treatment of Maternity Benefit
Maternity benefits advanced by employer
to employee are excluded from gross
income and thus exempt from
withholding tax. Under the National
Internal Revenue Code (NIRC), all benefits
received from or enjoyed under the Social
Security System in accordance with the
provisions of Republic Act No. 8282 shall
not be included in gross income and shall
be exempt from taxation. (Section 32 [B]
[6][e], NIRC)
SOLO PARENT WELFARE ACT R.A.
8972
WHAT IS THE SOLO PARENT WELFARE
ACT?
RA 8972 or the Solo Parent Welfare Act
provides for benefits and privileges to solo
parents and their children. It aims to
develop a comprehensive package of
social development and welfare services
for solo parents and their children to be
carried out by the Department of Social
Welfare and Development (DSWD), as the
lead agency, various government agencies
including NSO and other related NGOs.
WHEN DID R.A. 8972 TAKE EFFECT?
RA 8972 was signed into law on November
7, 2000 and took effect on November 28,
2000. Its implementing rules and
regulations (IRR) was approved in April
2002.
WHO ARE CONSIDERED AS SOLO
PARENT?
Solo Parent is any individual who falls
under any of the following categories:
1. A woman who gives birth as a
result of rape and other crimes
against chastity even without a final
conviction of the offender, provided
that mother keeps and raises the
child.

2. Parent left solo or alone with the

responsibility of parenthood due to the
following circumstances:
a. Due to death of spouse.
b. Spouse is detained or is serving
sentence for a criminal conviction for at
least one (1) year.
c. Physical and/or mental incapacity of
spouse as certified by a public medical
practitioner.
d. Legal separation or de facto separation
from spouse for at least one (1) year, as
long as he/she is entrusted with the
custody of the children.
e. Declaration of nullity or annulment of
marriage as decreed by a court or by a
church as long as he/she is entrusted with
the custody of the children.
f. Due to abandonment of spouse for at
least one (1) year.
3. Unmarried mother/father who has
preferred to keep and rear her/his
child/children instead of having others
care for them or give them up to a welfare
institution.
4. Any other person who solely
provides parental care and support to
a child or children; provided he or she is
duly licensed as a foster parent by the
DSWD or duly appointed legal guardian by
the court.
5. Any family member who assumes
the responsibility of head of family as
a result of the death, abandonment,
disappearance or prolonged absence
of the parents or solo parent.
CHILDREN
Those living with the solo parent,
dependent for support, unmarried,
unemployed and below eighteen (18)
years old, or eighteen (18) years old and
above but is incapable of self-support
and/or with physical/mental
defect/disability.
WHAT ARE THE CONDITIONS FOR THE
TERMINATION OF THE PRIVILEGES OF
A SOLO PARENT?
A change in the status or circumstances of
the parent claiming benefits under this
Act, such that he/she is no longer left

alone with the responsibility of

parenthood, shall terminate his/her
eligibility for benefits such as change in
the status with marriage*, the concerned
parent is no longer left alone with the
responsibility of parenthood, etc.
DOES THE SOLO PARENT ACT APPLY
TO THOSE WHOSE SPOUSE IS
ABROAD?
The law did not consider this as one of the
categories of solo parent since the other
spouse still exercises duties over his/her
family. However, if the other parent is
abroad and has lost contact with his/her
family for a year or more, the other parent
who is left with the custody of the family,
may be considered as solo parent,
provided proofs are presented to qualify as
such.
WHAT IS THE PACKAGE OF SERVICES
FOR SOLO PARENT?
The comprehensive package of
programs/services for solo parents
includes livelihood, self-employment and
skills development, employment-related
benefits, psychosocial, educational, health
and housing services.
WHAT ARE THE CRITERIA FOR
SUPPORT?
Any solo parent whose income in the place
of domicile falls below the poverty
threshold as set by the National Economic
and Development Authority (NEDA) and
subject to the assessment of the DSWD
worker in the area shall be eligible for
assistance. A Solo Parent can directly
inquire from the following agencies to
avail of their services:
1. Health Services (DOH)
2. Educational Services (CHED, TESDA)
3. Housing (NHA)
4. Parental Leave (Employer, DOLE,
CSC) Solo parent whose income is above
the poverty threshold shall enjoy only
such limited benefits as flexible work
schedule, parental leave and others to
be determined by the DSWD.
WHAT ARE THE STEPS TO AVAIL OF
THE PACKAGE OF SERVICES?

A solo parent shall apply for a Solo Parent

Identification Card (Solo Parent ID) from
the City/Municipal Social Welfare and
Development (C/MSWD) Office. Once the
C/MSWD Office issues the Solo Parent ID, a
solo parent can apply for services he/she
needs from the C/MSWD Office or to
specific agencies providing such
assistance/services.
WHAT ARE THE REQUIREMENTS IN
SECURING A SOLO PARENT ID?
1. Barangay certificate residency in the
area;
2. Documents/Evidence that the
applicant is a solo parent (e.g. death
certificate of spouse, declaration of nullity
of marriage, medical certificate if
incapacitated); and
3. Income Tax Return (ITR) or certification
from the barangay/municipal treasurer.
WHAT DOCUMENT/PROOF WILL A
SOLO PARENT PRESENT IF HE/SHE
HAS CHILD OR IS DE FACTO
SEPARATED FROM HUSBAND/WIFE?
A Certificate issued by the Barangay
Captain indicating the circumstances on
ones being a solo parent.
IF A SOLO PARENT FILES THE
APPLICATION, CAN AN ID BE SECURED
RIGHT AWAY?
No. The Social Worker has to complete the
assessment/evaluation of the solo parent
situation. The ID will be issued after 30
days from filing. The validity of the ID is
one year and is renewable.
IS PARENTAL LEAVE RETROACTIVE
SINCE THE LAW TOOK EFFECT LAST
NOVEMBER 2000?
No. Parental leave is non-cumulative and
can be availed only during the current
year. Further, it can only be availed after
the issuance of the Solo Parent ID.
IS THE 7-DAY PARENTAL LEAVE IN
ADDITION TO THE EXISTING 3-DAY
SPECIAL LEAVE PRIVILEGE?
The law clearly indicates that the granting
of the 7-day parental leave is on top of the
3-day special leave and other mandatory
leave benefits.

CAN A SOLO PARENT APPLY FOR

PARENTAL LEAVE FOR ANY CHILD?
Yes, as long as the child is living with
him/her, dependent for support,
unmarried, unemployed and below
eighteen (18) years old, or eighteen (18)
years old and above but is incapable of
self-support and/or with physical/mental
defect/disability.
WHAT ARE THE CONDITIONS FOR
GRANTING PARENTAL LEAVE TO SOLO
PARENTS?
The parental leave of seven (7) days shall
be granted to any Solo Parent employee
subject to the following conditions:
1. The solo parent must have rendered
service for a least one (1) year, whether
continuous or broken, reckoned at the
time of the effectivity of the law on
September 22, 2002, regardless of the
employment status.
2. The parental leave shall be availed of
every year and shall not be convertible to
cash. If not availed within the calendar
year, said privilege shall be forfeited
within the same year.
3. The parental leave shall be availed of
on a continuous or staggered basis,
subject to the approval of the
Administrator. In this regard, the solo
parent shall submit the application for
parental leave at least one (1) week prior
to availing the solo parent leave, except
on emergency cases.
4. The solo parent employee may avail of
parental leave under any of the following
circumstances:
a. Attend to personal milestones of a
child such as birthday, communion,
graduation and other similar events;
b. Perform parental obligations such as
enrollment and attendance in school
programs, PTA meetings and the like;
c. Attend to medical social, spiritual and
recreational needs of the child;
d. Other similar circumstances necessary
in the performance of parental duties and
responsibilities, where physical presence
of the parent is required.

5. The head of agency/office concerned

may determine whether granting of
parental leave is proper or may conduct
the necessary investigation to ascertain if
grounds for termination and withdrawal of
the privilege exist.
What are the requirements for the
availment of this leave?
The solo parent has:
Rendered at least one year of service
whether continuous or unbroken;
Notified the employer within a reasonable
time period; and
Presented a Solo Parent Identification
Card to his/her employer (while the ID is in
process, any proof may be presented)
What are the criteria for support
under RA 8972?
[1] Any solo parent whose income in the
place of domicile falls below the poverty
threshold as set by the National Economic
and Development Authority (NEDA) and
subject to the assessment of the DSWD
worker in the area is eligible for
assistance; [2] That any solo parent whose
income is above the poverty threshold can
enjoy the benefits mentioned in Sections
6, 7 and 8 of RA 8972.
Section 6. Flexible Work Schedule. - The
employer shall provide for a flexible
working schedule for solo parents:
Provided, That the same shall not affect
individual and company productivity:
Provided, further, That any employer may
request exemption from the above
requirements from the DOLE on certain
meritorious grounds.
Section 7. Work Discrimination. - No
employer shall discriminate against any
solo parent employee with respect to
terms and conditions of employment on
account of his/her status.
Section 8. Parental Leave. - In addition
to leave privileges under existing laws,
parental leave of not more than seven (7)
working days every year shall be granted
to any solo parent employee who has
rendered service of at least one (1) year.
What are government agencies
required to provide under RA 8972?

A comprehensive package of social

development and welfare services for solo
parents and their families will be
developed by the DSWD, DOH, DECS,
CHED, TESDA, DOLE, NHA and DILG, in
coordination with local government units
and a nongovernmental organization with
proven track record in providing services
for solo parents. The DSWD must
coordinate with concerned agencies the
implementation of the comprehensive
package of social development and
welfare services for solo parents and their
families.

parents: But the flexible work schedule

should not affect individual and company
productivity: Provided, further, That any
employer may request exemption from the
above requirements from the DOLE on
meritorious grounds.

What are included in this package of

services for single parents?
The package of services will initially
include:

What is the so-called single parent

leave?
Section 8 of Republic Act No. 8972 states
that in addition to leave privileges under
existing laws, parental leave of not more
than seven (7) working days every year
shall be granted to any solo parent
employee who has rendered service of at
least one (1) year. Please take note of the
phrase in addition to leave privileges
under existing laws.

(a) Livelihood development services

which include trainings on livelihood skills,
basic business management, value
orientation and the provision of seed
capital or job placement.
(b) Counseling services which include
individual, peer group or family
counseling. This will focus on the
resolution of personal relationship and role
conflicts.
(c) Parent effectiveness services which
include the provision and expansion of
knowledge and skills of the solo parent on
early childhood development, behavior
management, health care, rights and
duties of parents and children. (d) Critical
incidence stress debriefing which includes
preventive stress management strategy
designed to assist solo parents in coping
with crisis situations and cases of abuse.
(e) Special projects for individuals in need
of protection which include temporary
shelter, counselling, legal assistance,
medical care, self-concept or ego-building,
crisis management and spiritual
enrichment.
What is flexible work schedule?
It is the right granted to a solo parent
employee to vary arrival and departure
time without affecting the core work hours
as defined by the employer. Under Section
6 of RA 8972, the employer must provide
for a flexible working schedule for solo

What about the issue of work

discrimination, in terms of job
assignments or promotion?
Section 7 of RA 8972 provides that
employers must not discriminate against
solo parents with respect to terms and
conditions of their employment.

What if there are already benefits

under company policies or provisions
of the CBA? Can the parental leave
still be availed of?
Section 20. Non-conversion of
Parental Leave In the event that the
parental leave is not availed of, said leave
shall not be convertible to cash unless
specifically agreed upon previously.
However, if said leave were denied an
employee as a result of non-compliance
with the provisions of these Rules by an
employer, the aforementioned leave may
be used a basis for the computation of
damages. Section 21. Crediting of Existing
Leave If there is an existing or similar
benefit under a company policy, or a
collective bargaining agreement or
collective negotiation agreement the same
shall be credited as such. If the same is
greater than the seven (7) days provided
for in the Act, the greater benefit shall
prevail.
If the company already gives leave
benefits or there are applicable
provisions in the CBA, the question

that should be resolved is: Are the

benefits similar to or greater than the
parental leave under RA 8972? If not,
then such benefits under company
policies or CBA provisions cannot be
credited under Section 21.
Question:
Companies, in seeking ways to save on
costs and expenses, sometimes refuse to
grant the solo parent leave. They claim
that that there are existing or benefits
similar to the solo parent leave under
company policies. If you are a solo
parent working for a company that
refuses to grant the solo parent leave
by claiming that Section 21 of the IRR
applies, then you should seek the
help of the Public Assistance and
Complaints Unit of the DOLE. The PACU
will help you file a complaint and then call
you and your employer to a
mediation/conciliation conference. If
nothing comes out of the conciliation, the
PACU will endorse your complaint to the
National Labor Relations Commission.
A common problem of single parents
is providing educational
opportunities for their children. Does
RA 8972 have provision on this issue?
The DECS, CHED and TESDA are mandated
to provide the following benefits and
privileges:
(1) Scholarship programs for qualified solo
parents and their children in institutions of
basic, tertiary and technical/skills
education; and
(2) Non-formal education programs
appropriate for solo parents and their
children.
Another problem of single parents is
housing. What benefits if any are
provided under RA 8972?
Solo parents shall be given allocation in
housing projects and shall be provided
with liberal terms of payment on said
government low-cost housing projects in
accordance with housing law provisions
prioritizing applicants below the poverty
line as declared by the NEDA.

What about medical assistance?

The DOH shall develop a comprehensive
health care program for solo parents and
their children. The program shall be
implemented by the DOH through their
retained hospitals and medical centers
and the local government units (LGUs)
through their
provincial/district/city/municipal hospitals
and rural health units (RHUs).
How do I avail of the benefits under
RA 8972?
You can communicate with the DSWD
office of your town or city as to the
requirements.
RETIREMENT PAY LAW (R.A. 7641)
Amending Art. 287 of the Labor Code
COVERAGE:
All employees in the private sector;
Part-time employees;
Employees of service and other job
contractors; and
Domestic helpers or persons in the
personal service of another.
Note: The law does not cover employees
of:
Retail, service and agricultural
establishments or operations employing
not more than ten (10) employees; and
Government and its political subdivisions,
including GOCCs, if they are covered by
the Civil Service Law and its regulations.
Dismissed from work due to just cause
(as a rule)
WHEN TO RETIRE:
1.Upon reaching the retirement age
established in the CBA or any other
employment contract.
Retirement Benefits as he may have
earned under existing laws and any CBA
and other agreements, provided that:
It shall not be less than those prescribed
by the Retirement Pay Law; and
If such benefits are less, the employer
shall pay the difference between the
amount due under the Retirement Pay Law

and that provided under the CBA or

retirement plan.
2.In the absence of retirement plan or CBA
regarding retirement, employee upon
reaching the age of 60 years or more and
has served at least 5 years in the said
establishment. (Optional Retirement)
Retirement benefits equivalent to at
least month salary for every year of
service; a fraction of at least 6 months
being considered as one whole year.
Note: Unless parties provide for broader
inclusions, the term 1/2 MONTH SALARY
shall mean 15 days + 2.5 days
representing one-twelfth (1/12) of the 13th
month pay and the cash equivalent of not
more than five (5) days of service
incentive leaves, or a total of 22.5 days for
every year of service.
3. Upon reaching the age of 65.
(Compulsory Retirement)
RETIREMENT PLAN VIS--VIS RETIREMENT
PAY LAW
A retirement plan in a company partakes
of the nature of a contract, with the
EMPLOYER AND THE EMPLOYEE AS THE
CONTRACTING PARTIES. R.A. No. 7641 only
applies in a situation where:
There is no CBA or other applicable
employment contract providing for
retirement benefits for an employee, or
There is a CBA or other applicable
employment contract providing for
retirement benefits for an employee, but it
is below the requirement set for by law.
Even if the company does not include 13th
month pay and service incentive leave as
part of the salary base, R.A. 7641 DOES
NOT APPLY WHERE THE EMPLOYEE
RECEIVES A LUMP SUM OF 1 months
pay per year of service. The company
already grants to its retiring employee
more than what the law gives which is
month salary for every year of service.
(Oxales vs. United Laboratories, Inc. G.R.
No. 152991 , July 21, 2008)
RETIREMENT AGE FOR MINERS

An underground mining employee upon

reaching the age of fifty (50) years or
more, but not beyond 60 years, which
is hereby declared the compulsory
retirement age for underground mine
workers, who has served for at least five
years as underground mine worker, may
retire and shall be entitled to all the
retirement benefits provided for in the
Article.
ANTI-SEXUAL HARASSMENT ACT (R.A.
7877)
DECLARATION OF POLICY
The State shall: (D2H2)
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.
Note: All forms of sexual harassment in
the employment, education or training
environment are hereby declared
UNLAWFUL!
WORK, EDUCATION OR TRAINING-RELATED
SEXUAL HARASSMENT DEFINED
WHO may commit:
Supervisor
Agent of the employer
Manager
Employer
Employee
Teacher
Instructor
Professor
Coach
Trainor; and
Any other person who, having authority,
influence or moral ascendancy (AIM) over
another.
Any person who Directs or induces
another to commit any act of sexual
harassment as herein defined (principal by
induction), or who cooperates in the
commission thereof by another, without

which it would not have been committed

(principal by indispensable cooperation),
shall also be held liable under this Act.
WHEN Sexual Harassment punishable:
(WET)
Work-related;
Education-related; and
Training-related.
WHERE committed:
In a work or training or education
environment.
HOW Committed:
General Rule: 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.
Specifically:
In a work-related or employment
environment, sexual harassment is
committed when: (CRI-IHO)
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 favourable
compensation, terms, conditions,
promotions or privileges.
The Refusal to grant the sexual favour
results in limiting, segregating or
classifying the employee which in any way
would discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee;
The above acts would Impair the
employees rights and privileges under
existing labor laws; and
The above acts would result in an
Intimidating, Hostile or Offensive
environment for the employee (IHO)
2.In an education or training environment,
sexual harassment is committed: (CECIHO)
Against one who is under the Care,
custody or supervision of the offender;

Against one whose Education, training,

apprenticeship or tutorship is entrusted to
the offender;
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
considerations; and
When the sexual advances result in an
Intimidating, Hostile or Offensive
environment for the result, trainee or
apprentice (IHO).
Duty of the Employer or Head of Office in
a Work-Related, Education or Training
Environment It is the duty of the employer
or head of office in a work-related,
education or training environment:
To prevent or deter the commission of
acts of sexual harassment;
To provide the procedures for the
resolution, settlement or prosecution of
acts of sexual harassment;
Promulgate appropriate rules and
regulations in consultation with and jointly
approved by the employees or students or
trainees, through their duly designated
representative, prescribing the procedure
for the investigation of sexual harassment
cases and the administrative sanctions
therefor;
Create a Committee on decorum and
investigation of cases on sexual
harassment to increase understanding and
prevent incidents of sexual harassment;
and
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.
Note: Administrative sanctions shall
not be a bar to prosecution in the
proper courts for unlawful acts of
sexual harassment.
Liability of 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 thereon.
Independent Action for Damages
Nothing in this Act shall preclude the
victim of work, education or trainingrelated sexual harassment from instituting
a separate and independent action for
damages and other affirmative relief.
Penalties
Any person who violates the provisions of
this Act shall, upon conviction, be
penalized by imprisonment of not less
than 1 month nor more than 6 months*
(seriously??), or a fine of not less than
PHP10,000.00 nor more than
PHP20,000.00, or both such fine and
imprisonment at the discretion of the
court.
Prescription

Any action arising from the violation of

the provisions of this Act shall prescribe in
three (3) years.