LABOR - CADIZ Special Laws (Midterms)

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
PRELIMINARY TITLE
A. CONSTITUTIONAL PROVISIONS
Section 8: The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Section 10: No law impairing the obligation of contracts shall be passed.
Section 16: All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Section 18 (2): No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been duly convicted.
ARTICLE II (STATE POLICIES)
Section 9: The State shall 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 for all.
Section 10: The State shall promote social justice in all phases of national
development.
Section 11: The State values the dignity of every human person and
guarantees full respect for human rights.
Section 13: The State recognizes the vital role of the 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.
Section 14: The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Section 18: The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
Section 20: The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
ARTICLE III (BILL OF RIGHTS)
Section 1: No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.
Section 4: No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
Section 7: The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
ATTY. CADIZ BLOCK A2015
ARTICLE XIII (SOCIAL JUSTICE AND HUMAN RIGHTS)
Section 1: The Congress shall give highest priority to the enactment of

measures that protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove cultural inequities
by equitably diffusing wealth and political power for the common good.
o To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
Section 2: The promotion of social justice shall include the commitment to

create economic opportunities based on freedom of initiative and self-reliance.
Section 3 (LABOR): The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and equality
of employment opportunities for all.
o
It shall guarantee the rights of all workers to self-organization, collective

bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between

workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
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the right of enterprises to reasonable returns to investments, and to

expansion and growth.
Section 13 (HEALTH): The State shall establish a special agency for disabled
person for their rehabilitation, self-development, and self-reliance, and their
integration into the mainstream of society.
Section 14 (WOMEN): The State shall protect working women by providing safe
and healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the nation.
B. CIVIL CODE
Article 19 (HUMAN RELATIONS): Every person must, in the exercise of his

rights and in the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.
Article 1700 (CONTRACT OF LABOR): The relations between capital and

labor are not merely contractual. They are so impressed with public interest that
labor contracts must yield to the common good. Therefore, such contracts are
subject to the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects.
Article 1702: In case of doubt, all labor legislation and all labor contracts shall
be construed in favor of the safety and decent living for the laborer.
C. LABOR CODE (ARTICLES 1 TO 6)
PRE-EMPLOYMENT
A. LABOR CODE (ARTICLES 12 TO 42)
B. RA 8042, AS AMENDED BY RA 10022
REPUBLIC ACT NO. 8042
Migrant Workers and Overseas Filipinos Act of 1995
(as amended by RA 10022)
An act to institute the policies of overseas employment and establish a higher
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:
SEC. 1. SHORT TITLE. - This act shall be known and cited as the "Migrant Workers
and Overseas Filipinos Act of 1995."
SEC. 2. DECLARATION OF POLICIES-(a) In the pursuit of an independent foreign policy and while considering national
sovereignty, territorial integrity, national interest and the right to selfdetermination 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.
(b) The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all. Towards this end, the State shall provide adequate and
timely social, economic and legal services to Filipino migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to
the national economy through their foreign exchange remittances, the State
does not promote overseas employment as a means to sustain economic
growth and achieve national development. The existence of the overseas
employment program rests solely on the assurance that the dignity and
fundamental human rights and freedoms of the Filipino citizens shall not, at
any time, be compromised or violated. The State, therefore, shall
continuously create local employment opportunities and promote the
equitable distribution of wealth and the benefits of development.
(d) The State affirms the fundamental equality before the law of women and
men and the significant role of women in nation-building. Recognizing the
contribution of overseas migrant women workers and their particular
vulnerabilities, the State shall apply gender sensitive criteria in the
formulation and implementation of policies and programs affecting migrant
workers and the composition of bodies tasked for the welfare of migrant
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.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate
in the democratic decision-making processes of the State and to be
represented in institutions relevant to overseas employment is recognized
and guaranteed.
(g) The State recognizes that the most effective tool for empowerment is the
possession of skills by migrant workers. The government shall provide them
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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.
(i) Government fees and other administrative costs of recruitment, introduction,
placement and assistance to migrant workers shall be rendered free without
prejudice to the provision of Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers, whether land-based or
sea-based by local service contractors and manning agencies employing them shall
be encouraged. Appropriate incentives may be extended to them.
SEC. 3. DEFINITIONS. - For purposes of this Act:
(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.
(b) "Gender-sensitivity" shall mean cognizance of the inequalities and inequities
prevalent in society between women and men and a commitment to address
issues with concern for the respective interests of the sexes.
(c) "Overseas Filipinos" refers to dependents of migrant workers and other
Filipino nationals abroad who are in distress as mentioned in Sections 24 and
26 of this Act.
I. DEPLOYMENT
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.
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.
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.
II. ILLEGAL RECRUITMENT
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
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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 nonlicensee, 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;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representative;
(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.
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;
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;
Filipino worker is required to undergo training, seminar, instruction or
schooling of any kind only from specifically designated institutions, entities or
persons,
except
for
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.
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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.
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.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. - Ot shall be unlawful for
any official or employee of the Department of Labor and Employment, the Philippine
Overseas Employment Administration, or the Overseas Workers Welfare
Administration, or the Department of Foreign Affairs, or other government agencies
involved in the implementation of this Act, or their relatives within the fourth civil
degree of consanguinity or affinity, to engage, directly or indirectly, in the business of
recruiting migrant workers as defined in this Act. The penalties shall be imposed upon
them.
SEC. 9. VENUE. - A criminal action arising from illegal recruitment as defined herein
shall be filed with the Regional Trial Court of the province or city where the offense
was committed or where the offended party actually resides at the same 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. Provided, however,
That the aforestated provisions shall also apply to those criminal actions that have
already been filed in court at the time of the effectivity of this Act.
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.
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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 judgment 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 judgment 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.
SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF ILLEGAL
RECRUITMENT CASES. - The preliminary investigations of cases under this Act
shall be terminated within a period of thirty (30) calendar days from the date of their
filing. Where the preliminary investigation is conducted by a prosecution officer and a
prima facie case is established, the corresponding information shall be filed in court
within twenty-four (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a prima facie case is found to
exist, prosecution officer within forty-eight (48) hours from the date of receipt of the
records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. - Illegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, That illegal recruitment cases involving
economic sabotage as defined herein shall prescribe in twenty (20) years.
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.
The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any person
who is a victim of illegal recruitment shall be entitled to the Witness Protection
Program provided thereunder.
III. SERVICES
SEC. 14. TRAVEL ADVISORY/INFORMATION DISSEMINATION. - To give utmost
priority to the establishment of programs and services to prevent illegal recruitment,
fraud, and exploitation or abuse of Filipino migrant workers, all embassies and
consular offices, through the Philippine Overseas Employment Administration
(POEA), shall issue travel advisories or disseminate information on labor and
employment conditions, migration realities and other facts; and adherence of
particular countries to international standards on human and workers' rights which will
adequately prepare individuals into making informed and intelligent decisions about
overseas employment. Such advisory or information shall be published in a
newspaper of general circulation at least three (3) times in every quarter.
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY REPATRIATION FUND. The repatriation of the worker and the transport of his personal belongings shall be
the primary responsibility of the agency which recruited or deployed the worker
overseas. All costs attendant to repatriation shall be borne by or charged to the
agency concerned and/or its principal. Likewise, the repatriation of remains and
transport of the personal belongings of a deceased worker and all costs attendant
thereto shall be borne by the principal and/or local agency. However, in cases where
the termination of employment is due solely to the fault of the worker, the
principal/employer or agency shall not in any manner be responsible for the
repatriation of the former and/or his belongings.
The Overseas Workers Welfare Administration (OWWA), in coordination ith
appropriate international agencies, shall undertake the repatriation of workers in
cases of war, epidemic, disasters or calamities, natural or man-made, and other
similar events without prejudice to reimbursement by the responsible principal or
agency. However, in cases where the principal or recruitment agency cannot be
identified, all costs attendant to repatriation shall be borne by the OWWA.
For this purposes, there is hereby created and established an emergency repatriation
fund under the administration control and supervision of the OWWA, initially to consist
of one hundred million pesos (P100,000,000.00), inclusive of outstanding balances.
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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.
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.
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.
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.
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS AND OTHER OVERSEAS
FILIPINOS RESOURCE CENTER. - Within the premises and under the
administrative jurisdiction of the Philippine Embassy in countries where there are
large concentrations of Filipino migrant workers, there shall be establish a Migrant
Workers and Other Overseas Filipinos Resource Center with the following services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of medical and hospitalization
services;
(c) Information, advisory and programs to promote social integration such as
post-arrival orientation, settlement and community networking services for
social integration;
(d) Institute a scheme of registration of undocumented workers to bring them
within the purview of this Act. For this purpose, the Center is enjoined to
compel existing undocumented workers to register with it within six (6)
months from the effectivity of this Act, under pain of having his/her passport
cancelled;
(e) Human resource development, such as training and skills upgrading;
(f) Gender sensitive programs and activities to assist particular needs of
women migrant workers;
(g) Orientation program for returning workers and other migrants; and
(h) Monitoring of daily situations, circumstances and activities affecting migrant
workers and other overseas Filipinos.
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
Page 7 of 42
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.
The Center shall have a counterpart 24-hour information and assistance center at the
Department of Foreign Affairs to ensure a continuous network and coordinative
mechanism at the home office.
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 freeflow 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.
(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.
SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND. - In order to further
prevent unscrupulous illegal recruiters from taking advantage of workers seeking
employment abroad, the OWWA, in coordination with government financial
institutions, shall institute financing schemes that will expand the grant of predeparture loan and family assistance loan. For this purpose, a Migrant Workers Loan
Guarantee Fund is hereby created and the revolving amount of one hundred million
pesos (P100,000,000.00) from the OWWA is set aside as a guarantee fund in favor of
participating government financial institutions.
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM UNDER INTERNATIONAL
AND REGIONAL HUMAN RIGHTS SYSTEMS. - The Department of Foreign Affairs is
mandated to undertake the necessary initiative such as promotions, acceptance or
adherence of countries receiving Filipino workers to multilateral convention,
declaration or resolutions pertaining to the protection of migrant workers' rights. The
Department of Foreign Affairs is also mandated to make an assessment of rights and
avenues of redress under international and regional human rights systems that are
available to Filipino migrant workers who are victims of abuse and violation and, as
far as practicable and through the Legal Assistant for Migrant Workers Affairs created
under this Act, pursue the same on behalf of the victim if it is legally impossible to file
individual complaints. If a complaints machinery is available under international or
regional systems, the Department of Foreign Affairs shall fully apprise the Filipino
migrant workers of the existence and effectiveness of such legal options.
IV. GOVERNMENT AGENCIES
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;
SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government

agencies shall perform the following to promote the welfare and protect the rights of
migrant workers and, as far as applicable, all overseas Filipinos:
(a) Department of Foreign Affairs. - The Department, through its home office or
foreign posts, shall take priority action its home office or foreign posts, shall
Page 8 of 42
take priority action or make representation with the foreign authority

concerned to protect the rights of migrant workers and other overseas
Filipinos and extend immediate assistance including the repatriation of
distressed or beleaguered migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment - The Department of Labor and
Employment shall see to it that labor and social welfare laws in the foreign
countries are fairly applied to migrant workers and whenever applicable, to
other overseas Filipinos including the grant of legal assistance and the
referral to proper medical centers or hospitals:
(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 preemployment 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 landbased 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 instrumentalities,
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.
(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.
(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
Page 9 of 42
(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."
workers as well as overseas Filipinos in distress. He shall have the rank, salary and
privileges equal to that of an undersecretary of said Department.
The said Legal Assistant for Migrant Workers Affairs shall be appointed by the
President and must be of proven competence in the field of law with at least ten (10)
years of experience as a legal practitioner and must not have been a candidate to an
elective office in the last local or national elections.
Among the functions and responsibilities of the aforesaid Legal Assistant are:
(a) To issue the guidelines, procedures and criteria for the provisions of legal
assistance services to Filipino migrant workers;
(b) To establish close linkages with the Department of Labor and Employment,
the POEA, the OWWA and other government agencies concerned, as well as
with non-governmental organizations assisting migrant workers, to ensure
effective coordination and cooperation in the provision of legal assistance to
migrant workers;
(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;
(d) To administer the legal assistance fund for migrant workers established under
Section 25 hereof and to authorize disbursements there from in accordance
with the purposes for which the fund was set up; and
(e) To keep and maintain the information system as provided in Section 20.
The legal Assistant for Migrant Workers Affairs shall have authority to hire
private lawyers, domestic or foreign, in order to assist him in the effective discharge of
the above functions.
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;
V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS
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
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is

hereby created the position of Legal Assistant for Migrant Workers Affairs under the
Department of Foreign Affairs who shall be primarily responsible for the provision and
overall coordination of all legal assistance services to be provided to Filipino migrant
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,
Page 10 of 42
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.
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.
VI. COUNTRY - TEAM APPROACH
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN SERVICE POSTS. The country team approach, as enunciated under Executive Order No. 74, series of
1993, shall be the mode under which Philippine embassies or their personnel will
operate in the protection of the Filipino migrant workers as well as in the promotion of
their welfare. The protection of the Filipino migrant workers and the promotion of their
welfare, in particular, and the protection of the dignity and fundamental rights and
freedoms of the Filipino citizen abroad, in general, shall be the highest priority
concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts.
SEC. 28. COUNTRY-TEAM APPROACH. - Under the country-team approach, all
officers, representatives and personnel of the Philippine government posted abroad
regardless of their mother agencies shall, on a per country basis, act as one countryteam with a mission under the leadership of the ambassador. In this regard, the
ambassador may recommend to the Secretary of the Department of Foreign Affairs
the recall of officers, representatives and personnel of the Philippine government
posted abroad for acts inimical to the national interest such as, but not limited to,
failure to provide the necessary services to protect the rights of overseas Filipinos.
Upon receipt of the recommendation of the ambassador, the Secretary of the

Department of Foreign Affairs shall, in the case of officers, representatives and
personnel of other departments, endorse such recommendation to the department
secretary concerned for appropriate action. Pending investigation by an appropriate
body in the Philippines, the person recommended for recall may be placed under
preventive suspension by the ambassador.
In host countries where there are Philippine consulates, such consulates shall also
constitute part of the country-team under the leadership of the ambassador.
In the implementation of the country-team approach, visiting Philippine delegations
shall be provided full support and information.
VII. DEREGULATION AND PHASE-OUT
SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON RECRUITMENT
ACTIVITIES. - Pursuant to a progressive policy of deregulation whereby the migration
of workers becomes strictly a matter between the worker and his foreign employer,
the DOLE within one (1) year from the effectivity of this Act, is hereby mandated to
formulate a five-year comprehensive deregulation plan on recruitment activities taking
into account labor market trends, economic conditions of the country and emergency
circumstances which may affect the welfare of migrant workers.
SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS. - Within a
period of five (5) years from the effectivity of this Act, the DOLE shall phase out the
regulatory functions of the POEA pursuant to the objectives of deregulation.
VII. PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS ABROAD
SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER HIGHLY-SKILLED
FILIPINOS ABROAD. - Pursuant to the objective of encouraging professionals and
other highly-skilled Filipinos abroad especially in the field of science and technology
to participate in, and contribute to national development, the government shall provide
proper and adequate incentives and programs so as to secure their services in
priority development areas of the public and private sectors.
IX. MISCELLANEOUS PROVISIONS
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.
Page 11 of 42
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.
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 yearend 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:
(a) Masterlist of Filipino migrant workers, and inventory of pending cases
involving them and other Filipino nationals including those serving prison
terms;
(b) Working conditions of Filipino migrant workers;
(c) Problems encountered by the migrant workers, specifically violations of their
rights;
(d) Initiative/actions taken by the Philippine foreign posts to address the problems
of Filipino migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements between the Philippines
and the host country.
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.
SEC. 34. REPRESENTATION IN CONGRESS. - Pursuant to Section 3(2), Article VI
of the Constitution and in line with the objective of empowering overseas Filipinos to
participate in the policy-making process to address Filipino migrant concerns, two (2)
sectoral representatives for migrant workers in the House of Representatives shall be
appointed by the President from the ranks of migrant workers: Provided, that at least
one (1) of the two (2) sectoral representatives shall come from the women migrant
workers sector: Provided, further, that all nominees must have at least two (2) years
experience as a migrant worker.
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.
SEC. 36. NON-INCREASE OF FEES; ABOLITION OF REPATRIATION BOND. Upon approval of this Act, all fees being charged by any government office on migrant
workers shall remain at their present levels and the repatriation bond shall be
established.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS SCHOLARSHIP FUND. There is hereby created a Congressional Migrant Workers Scholarship Fund which
shall benefit deserving migrant workers and/or their immediate descendants below
twenty-one (21) years of age who intent to pursue courses or training primarily in the
Page 12 of 42
field of science and technology. The initial seed fund of two hundred million pesos
(P200,000,000.00) shall be constituted from the following sources:
(a) Fifty million pesos (P50,000,000.00) from the unexpected Countrywide
Development Fund for 1995 in equal sharing by all members of Congress;
and
(b) The remaining one hundred fifty million pesos (P150,000,000.00) shall be
funded from the proceeds of Lotto.
The Congressional Migrant Workers Scholarship Fund as herein created shall be
administered by the DOLE in coordination with the Department of Science and
Technology (DOST). To carry out the objectives of this section, the DOLE and the
DOST shall formulate the necessary rules and regulations.
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$15,000.00) survivor's benefit payable to the migrant worker's
beneficiaries;
(b) Natural death, with at least Ten 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
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
Page 13 of 42
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 subparagraphs (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;
(4)
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
attach 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.
Any question or dispute in the enforcement of any insurance policy issued under this
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 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
Page 14 of 42
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.
SEC. 38. APPROPRIATION AND OTHER SOURCES OF FUNDING. - The amount
necessary to carry out the provisions of this Act shall be provided for in the General
Appropriations Act of the year following its enactment into law and thereafter.
SEC. 39. MIGRANT WORKERS DAY. - The day of signing by the President of this
Act shall be designated as the Migrant Workers Day and shall henceforth be
commemorated as such annually.
SEC. 40. IMPLEMENTING RULES AND REGULATIONS. - The departments and
agencies charged with carrying out the provisions of this Act shall, within ninety (90)
days after the effectivity of this Act, formulate the necessary rules and regulations for
its effective implementation.
SEC. 41. REPEATING CLAUSE. - All laws, decrees, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 42. 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.
SEC. 43. EFFECTIVITY CLAUSE. - This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette or in at least two (2) national newspapers of
general circulation whichever comes earlier.
APPRENTICES, LEARNERS AND HANDICAPPED WORKERS

A. EMPLOYER- EMPLOYEE RELATIONSHIP
B. MANAGEMENT PREROGATIVES
C. LABOR CODE (ARTICLES 57-81)
D. RA 7277
Page 15 of 42
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
TITLE I
GENERAL PROVISIONS
CHAPTER I
BASIC PRINCIPLE
Section 1. Title. This Act shall be known and cited as the "Magna Carta for
Disabled Persons."
Sec. 2. Declaration of Policy The grant of the rights and privileges for disabled
persons shall be guided by the following principles:
(a) Disabled persons are part of Philippine society, thus the State shall give full
support to the improvement of the total well-being of disabled persons and
their integration into the mainstream of society. Toward this end, the State
shall adopt policies ensuring the rehabilitation, self-development and selfreliance of disabled persons. It shall develop their skills and potentials to
enable them to compete favorably for available opportunities.
(b) Disabled persons have the same rights as other people to take their proper
place in society. They should be able to live freely and as independently as
possible. This must be the concern of everyone the family, community
and all government and nongovernment organizations. Disabled persons'
rights must never be perceived as welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the concern of the
Government in order to foster their capacity to attain a more meaningful,
productive and satisfying life. To reach out to a greater number of disabled
persons, the rehabilitation services and benefits shall be expanded beyond
the traditional urban-based centers to community based programs, that will
ensure full participation of different sectors as supported by national and
local government agencies.
(d) The State also recognizes the role of the private sector in promoting the
welfare of disabled persons and shall encourage partnership in programs
that address their needs and concerns.
(e) To facilitate integration of disabled persons into the mainstream of society,
the State shall advocate for and encourage respect for disabled persons.
The State shall exert all efforts to remove all social, cultural, economic,
environmental and attitudinal barriers that are prejudicial to disabled
persons.
Sec. 3. Coverage. This Act shall cover all disabled persons and, to the extent
herein provided, departments, offices and agencies of the National Government or
nongovernment organizations involved in the attainment of the objectives of this Act.
Sec. 4. Definition of Terms. For purposes of this Act, these terms are defined as
follows:
(a) Disabled persons are those 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;
(b) Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment that substantially
limits one or more psychological, physiological or anatomical function of an
individual or activities of such individual; 2) a record of such an impairment;
or 3) being regarded as having such an impairment;
(d) Handicap refers to a disadvantage for a given individual, resulting from an
impairment or a disability, that limits or prevents the function or activity, that
is considered normal given the age and sex of the individual;
(e) Rehabilitation is an integrated approach to physical, social, cultural, spiritual,
educational and vocational measures that create conditions for the individual
to attain the highest possible level of functional ability;
(f) Social Barriers refer to the characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group, community, or
society which limit the fullest possible participation of disabled persons in the
life of the group. Social barriers include negative attitudes which tend to
single out and exclude disabled persons and which distort roles and interpersonal relationships;
(g) Auxiliary Aids and Services include:
(1) qualified interpreters or other effective methods of delivering materials
to individuals with hearing impairments;
(2) qualified readers, taped tests, or other effective methods of delivering
materials to individuals with visual impairments;
(3) acquisition or modification of equipment or devices; and
(4) other similar services and actions or all types of aids and services that
facilitate the learning process of people with mental disability.
(h) Reasonable Accommodation include 1) improvement of existing facilities
used by employees in order to render these readily accessible to and usable
by disabled persons; and 2) modification of work schedules, reassignment to
a vacant position, acquisition or modification of equipment or devices,
appropriate adjustments or modifications of examinations, training materials
or company policies, rules and regulations, the provision of auxiliary aids
and services, and other similar accommodations for disabled persons;
(i)
Sheltered Employment refers to the provision of productive work for disabled

persons through workshops providing special facilities, income-producing
projects or homework schemes with a view to giving them the opportunity to
earn a living thus enabling them to acquire a working capacity required in
open industry;
Page 16 of 42
(j)
(k)
(l)
(m)
Auxiliary Social Services are the supportive activities in the delivery of social
services to the marginalized sectors of society;
Marginalized Disabled Persons refer to disabled persons who lack access to
rehabilitative services and opportunities to be able to participate fully in
socioeconomic activities and who have no means of livelihood and whose
incomes fall below the poverty threshold;
Qualified Individual with a Disability shall mean an individual with a disability
who, with or without reasonable accommodations, can perform the essential
functions of the employment position that such individual holds or desires.
However, consideration shall be given to the employer's judgment as to what
functions of a job are essential, and if an employer has prepared a written
description before advertising or interviewing applicants for the job, this
description shall be considered evidence of the essential functions of the job;
Readily Achievable means a goal can be easily attained and carried out
without much difficulty or expense. In determining whether an action is
readily achievable, factors to be considered include
(1) the nature and cost of the action;
(2) the overall financial resources of the facility or facilities involved in the
action; the number of persons employed at such facility; the effect on
expenses and resources, or the impact otherwise of such action upon
the operation of the facility;
(3) the overall financial resources of the covered entity with respect to the
number of its employees; the number, type and location of its facilities;
and
(4) the type of operation or operations of the covered entity, including the
composition, structure and functions of the work force of such entity; the
geographic separateness, administrative or fiscal relationship of the
facility or facilities in question to the covered entity.
Public Transportation means transportation by air, land and sea that
provides the public with general or special service on a regular and
continuing basis;
Covered Entity means an employer, employment agency, labor organization
or joint-labor management committee; and
Commerce shall be taken to mean as travel, trade, traffic, commerce,
transportation, or communication among the provinces or between any
foreign country or any territory or possession and any province.
compensation, privileges, benefits, fringe benefits, incentives or allowances as a

qualified able bodied person.
Five percent (5%) of all casual emergency and contractual positions in the
Departments of Social Welfare and Development; Health; Education, Culture and
Sports; and other government agencies, offices or corporations engaged in social
development shall be reserved for disabled persons.
Sec. 6. Sheltered Employment If suitable employment for disabled persons cannot
be found through open employment as provided in the immediately preceding
Section, the State shall endeavor to provide it by means of sheltered employment. In
the placement of disabled persons in sheltered employment, it shall accord due
regard to the individual qualities, vocational goals and inclinations to ensure a good
working atmosphere and efficient production.
Sec. 7. Apprenticeship. Subject to the provisions of the Labor Code as amended,
disabled persons shall be eligible as apprentices or learners: Provided, That their
handicap is not as much as to effectively impede the performance of job operations in
the particular occupation for which they are hired; Provided, further, That after the
lapse of the period of apprenticeship, if found satisfactory in the job performance, they
shall be eligible for employment.
TITLE II
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I
EMPLOYMENT
Sec. 8. Incentives for Employers.

(a) To encourage the active participation of the private sector in promoting the
welfare of disabled persons and to ensure gainful employment for qualified
disabled persons, adequate incentives shall be provided to private entities
which employ disabled persons.
(b) Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be
entitled to an additional deduction, from their gross income, equivalent to
twenty-five percent (25%) of the total amount paid as salaries and wages to
disabled persons: Provided, however, That such entities present proof as
certified by the Department of Labor and Employment that disabled persons
are under their employ: Provided, further, That the disabled employee is
accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications.
(c) Private entities that improve or modify their physical facilities in order to
provide reasonable accommodation for disabled persons shall also be
entitled to an additional deduction from their net taxable income, equivalent
to fifty percent (50%) of the direct costs of the improvements or
modifications. This Section, however, does not apply to improvements or
modifications of facilities required under Batas Pambansa Bilang 344.
Sec. 5. Equal Opportunity for Employment. No disable person shall be denied

access to opportunities for suitable employment. A qualified disabled employee shall
be subject to the same terms and conditions of employment and the same
Sec. 9. Vocational Rehabilitation. Consistent with the principle of equal

opportunity for disabled workers and workers in general, the State shall take
appropriate vocational rehabilitation measures that shall serve to develop the skills
(n)
(o)
(p)
Page 17 of 42
and potentials of disabled persons and enable them to compete favorably for
available productive and remunerative employment opportunities in the labor market.
The State shall also take measures to ensure the provision of vocational rehabilitation
and livelihood services for disabled persons in the rural areas. In addition, it shall
promote cooperation and coordination between the government and
nongovernmental organizations and other private entities engaged in vocational
rehabilitation activities.
The Department of Social Welfare and Development shall design and implement
training programs that will provide disabled persons with vocational skills to enable
them to engage in livelihood activities or obtain gainful employment. The Department
of Labor and Employment shall likewise design and conduct training programs geared
towards providing disabled persons with skills for livelihood.
Sec. 10. Vocational Guidance and Counseling. The Department of Social and
Welfare and Development, shall implement measures providing and evaluating
vocational guidance and counseling to enable disabled persons to secure, retain and
advance in employment. It shall ensure the availability and training of counselors and
other suitably qualified staff responsible for the vocational guidance and counseling of
disabled persons.
Sec. 11. Implementing Rules and Regulations. The Department of Labor and
Employment shall in coordination with the Department of Social Welfare and
Development (DSWD) and National Council for the Welfare of the Disabled Persons
(NCWDP) shall promulgate the rules and regulations necessary to implement the
provisions under this Chapter.
CHAPTER II
EDUCATION
Sec. 12. Access to Quality Education. The State shall ensure that disabled
persons are provided with access to quality education and ample opportunities to
develop their skills. It shall take appropriate steps to make such education accessible
to all disabled persons. It shall be unlawful for any learning institution to deny a
disabled person admission to any course it offers by reason of handicap or disability.
The State shall take into consideration the special requirements of disabled persons
in the formulation of educational policies and programs. It shall encourage learning
institutions to take into account the special needs of disabled persons with respect to
the use of school facilities, class schedules, physical education requirements, and
other pertinent consideration.
The State shall also promote the provision by learning institutions, especially higher
learning institutions of auxiliary services that will facilitate the learning process for
disabled persons.
Sec. 13. Assistance to Disabled Students. The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing
post secondary or tertiary education. Such assistance may be in the form of
scholarship grants, student loan programs, subsidies, and other incentives to qualified
disabled students in both public and private schools. At least five percent (5%) of the
allocation for the Private Education Student Financial Assistance Program created by
virtue of R.A. 6725 shall be set aside for disabled students pursuing vocational or
technical and degree courses.
Sec. 14. Special Education. The State shall establish, maintain and support
complete, adequate and integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and other types of exceptional
children in all regions of the country. Toward this end, the Department of Education,
Culture and Sports shall establish, special education classes in public schools in
cities, or municipalities. It shall also establish, where viable, Braille and Record
Libraries in provinces, cities or municipalities.
The National Government shall allocate funds necessary for the effective
implementation of the special education program nationwide. Local government units
may likewise appropriate counterpart funds to supplement national funds.
Sec. 15. Vocational or Technical and Other Training Programs. The State shall
provide disabled persons with training in civics, vocational efficiency, sports and
physical fitness, and other skills. The Department of Education, Culture and Sports
shall establish in at least one government-owned vocational and technical school in
every province a special vocational and technical training program for disabled
persons. It shall develop and implement sports and physical fitness programs
specifically designed for disabled persons taking into consideration the nature of their
handicap.
Sec. 16. Non-Formal Education. The State shall develop non-formal education
programs intended for the total human development of disabled persons. It shall
provide adequate resources for non-formal education programs and projects that
cater to the special needs of disabled persons.
Sec. 17. State Universities and Colleges. If viable and needed, the State
University or State College in each region or province shall be responsible for (a) the
development of material appliances and technical aids for disabled persons; (b) the
development of training materials for vocational rehabilitation and special education
instructions; (c) the research on special problems, particularly of the visually-impaired,
hearing-impaired, speech-impaired, and orthopedically-impaired students, mentally
Page 18 of 42
retarded, and multi-handicapped and others, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum.
The National Government shall provide these state universities and colleges with
necessary special facilities for visually-impaired, hearing-impaired, speech-impaired,
and orthopedically-impaired students. It shall likewise allocate the necessary funds in
support of the above.
CHAPTER III
HEALTH
Sec. 18. National Health Program. The Department of Health in coordination with
the National Council for the Welfare of Disabled Persons, shall institute a national
health program which shall aim to attain the following:
(a) prevention of disability, whether occurring prenatally or postnatally;
(b) recognition and early diagnosis of disability; and
(c) early rehabilitation of the disabled.
Sec. 19. Rehabilitation Centers. The Department of Health shall establish medical
rehabilitation centers in government provincial hospitals, and shall include in its
annual appropriation the necessary funds for the operation of such centers.
The Department of Health shall formulate and implement a program to enable
marginalized disabled persons to avail of free rehabilitation services in government
hospitals.
Sec. 20. Health Services. The State shall protect and promote the right to health
of disabled persons and shall adopt an integrated and comprehensive approach to
their health development which shall make essential health services available to them
at affordable cost.
The National Government shall provide an integrated health service for disabled
persons which shall include, but not limited to, the following:
(a) prevention of disability through immunization, nutrition, environmental
protection and preservation, and genetic counseling; and early detection of
disability and timely intervention to arrest disabling condition; and
(b) medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing in the treatment
and rehabilitation of disabled persons to provincial hospitals and, when viable, to
municipal health centers. It shall also train its field health personnel in the provision of
medical attention to disabled persons. It shall further ensure that its field health units
have the necessary capabilities to fit prosthetic and orthotic appliances on disabled
persons.
CHAPTER IV
AUXILIARY SOCIAL SERVICES
Sec. 21. Auxiliary Social Services. The State shall ensure that marginalized
persons are provided with the necessary auxiliary services that will restore their social
functioning and participation in community affairs. Towards this end, the Department
of Social Welfare and Development shall develop and implement programs on
auxiliary social services that respond to the needs of marginalized disabled persons.
The components of such a program shall be as follows:
(a) assistance in the acquisition of prosthetic devices and medical intervention
of specialty services;
(b) provision of specialized training activities designed to improve functional
limitations of disabled persons related to communication skills;
(c) development among disabled persons of a positive self-image through the
provision of counseling, orientation and mobility and strengthening daily
living capability;
(d) provision of family care services geared towards developing the capability of
families to respond to the needs of the disabled members of the family;
(e) provision of substitute family care services and the facilities therefor for
abandoned, neglected, abused and unattached disabled persons who need
custodial care;
(f) provision of after care and follow-up services for the continued rehabilitation
in a community-based setting of disabled persons who were released from
residential care or rehabilitation centers; and
(g) provision of day care services for disabled children of pre-school age.
CHAPTER V
TELECOMMUNICATIONS
Sec. 22. Broadcast Media. Television stations shall be encouraged to provide a
signlanguage inset or subtitles in at least one (1) newscast program a day and
special programs covering events of national significance.
Sec. 23. Telephone Services. All telephone companies shall be encouraged to
install special telephone devices or units for the hearing-impaired and ensure that
they are commercially available to enable them to communicate through the
telephone system.
Sec. 24. Free Postal Charges for the Disabled. Postal charges shall be free on the
following:
(a) articles and literatures like books and periodicals, orthopedic and other
devices, and teaching aids for the use of the disabled sent by mail within the
Philippines and abroad; and
Page 19 of 42
(b) aids and orthopedic devices for the disabled sent by abroad by mail for
repair:
ballot strictly in accordance with the instructions of the voter and not to reveal the
contents of the ballot prepared by him. Violation of this provision shall constitute an
election offense.
Provided, That the aforesaid items are for personal purposes only: Provided, further,
That the disabled person is a marginalized disabled as certified by the Social Welfare
and Development Office of the local government unit concerned or the Department of
Social Welfare and Development.
Polling places should be made accessible to disabled persons during national or local
elections.
CHAPTER VI
ACCESSIBILITY
Sec. 30. Right to Assemble. Consistent with the provisions of the Constitution, the
State shall recognize the right of disabled persons to participate in processions,
rallies, parades, demonstrations, public meetings, and assemblages or other forms of
mass or concerned action held in public.
Sec. 25. Barrier-Free Environment. The State shall ensure the attainment of a
barrier-free environment that will enable disabled persons to have access in public
and private buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the "Accessibility Law".
The national and local governments shall allocate funds for the provision of
architectural facilities or structural features for disabled persons in government
buildings and facilities.
Sec. 31. Right to Organize. The State recognizes the right of disabled persons to
form organizations or associations that promote their welfare and advance or
safeguard their interests. The National Government, through its agencies,
instrumentalities and subdivisions, shall assist disabled persons in establishing selfhelp organizations by providing them with necessary technical and financial
assistance.
Sec. 26. Mobility. The State shall promote the mobility of disabled persons.
Disabled persons shall be allowed to drive motor vehicles, subject to the rules and
regulations issued by the Land Transportation Office pertinent to the nature of their
disability and the appropriate adaptations or modifications made on such vehicles.
Concerned government agencies and offices shall establish close linkages with
organizations of the disabled persons in order to respond expeditiously to the needs
of disabled persons. National line agencies and local government units shall assist
disabled persons in setting up specific projects that will be managed like business
propositions.
Sec. 27. Access to Public Transport Facilities. The Department of Social Welfare
and Development shall develop a program to assist marginalized disabled persons
gain access in the use of public transport facilities. Such assistance may be in the
form of subsidized transportation fare.
To ensure the active participation of disabled persons in the social and economic
development of the country, their organizations shall be encouraged to participate in
the planning, organization and management of government programs and projects for
disabled persons.
The said department shall also allocate such funds as may be necessary for the
effective implementation of the public transport program for the disabled persons.
The "Accessibility Law", as amended, shall be made suppletory to this Act.
Organizations of disabled persons shall participate in the identification and

preparation of programs that shall serve to develop employment opportunities for the
disabled persons.
Sec. 28. Implementing Rules and Regulations. The Department of Transportation

and Communications shall formulate the rules and regulations necessary to
implement the provisions of this Chapter.
TITLE III
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
CHAPTER I
DISCRIMINATION ON EMPLOYMENT
CHAPTER VII
POLITICAL AND CIVIL RIGHTS
Sec. 29. System of Voting. Disabled persons shall be allowed to be assisted by a
person of his choice in voting in the national or local elections. The person thus
chosen shall prepare the ballot for the disabled voter inside the voting booth. The
person assisting shall bind himself in a formal document under oath to fill out the
Sec. 32. Discrimination on Employment. No entity, whether public or private, shall

discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of
employment. The following constitute acts of discrimination:
Page 20 of 42
(a) Limiting, segregating or classifying a disabled job applicant in such a manner

that adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection criteria
that screen out or tend to screen out a disabled person unless such
standards, tests or other selection criteria are shown to be job-related for the
position in question and are consistent with business necessity;
(c) Utilizing standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to common
administrative control.
(d) Providing less compensation, such as salary, wage or other forms of
remuneration and fringe benefits, to a qualified disabled employee, by
reason of his disability, than the amount to which a non-disabled person
performing
the
same
work
is
entitled;
(e) Favoring a non-disabled employee over a qualified disabled employee
with respect to promotion, training opportunities, study and scholarship
grants, solely on account of the latter's disability;
(e) Re-assigning or transferring a disabled employee to a job or position he
cannot perform by reason of his disability;
(f) Dismissing or terminating the services of a disabled employee by reason of
his disability unless the employer can prove that he impairs the satisfactory
performance of the work involved to the prejudice of the business entity:
Provided, however, That the employer first sought to provide reasonable
accommodations for disabled persons;
(g) Failing to select or administer in the most effective manner employment tests
which accurately reflect the skills, aptitude or other factor of the disabled
applicant or employee that such tests purports to measure, rather than the
impaired sensory, manual or speaking skills of such applicant or employee, if
any; and
(h) Excluding disabled persons from membership in labor unions or similar
organizations.
Sec. 33. Employment Entrance Examination. Upon an offer of employment, a
disabled applicant may be subjected to medical examination, on the following
occasions:
(a) All entering employees are subjected to such an examination regardless of
disability;
(b) Information obtained during the medical condition or history of the applicant
is collected and maintained on separate forms and in separate medical files
and is treated as a confidential medical record; provided, however, that:
(1) Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employees and necessary
accommodations;
(2) First aid and safety personnel may be informed, when appropriate, if the
disability may require emergency treatment;
(3) Government officials investigating compliance with this act shall be

provided relevant information on request; and
(4) The results of such examination are used only in accordance with this
act.
CHAPTER II
DISCRIMINATION ON TRANSPORTATION
Sec. 34. Public Transportation. It shall be considered discrimination for the
franchisees or operators and personnel of sea, land, and air transportation facilities to
charge higher fare or to refuse to convey a passenger, his orthopedic devices,
personal effects, and merchandise by reason of his disability.
CHAPTER III
DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND
SERVICES
Sec. 35. Public Accommodations and Services. For purposes of this Chapter,
public accommodations and services shall include the following:
(a) An inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than five (5) rooms for rent
or hire and that is actually occupied by the proprietor of such establishment
as the residence of such proprietor;
(b) A restaurant, bar, or other establishment serving food or drink;
(c) A motion picture, theater, concert hall, stadium, or other place of exhibition
or entertainment;
(d) An auditorium, convention center, lecture hall, or other place of public
gathering;
(e) A bakery, grocery store, hardware store, shopping center, or other sales or
rental establishment;
(f) A bank, barber shop, beauty shop, travel service, funeral parlor, gas station,
office of a lawyer, pharmacy, insurance office, professional office of a health
care provider, hospital or other service establishment;
(g) A terminal, depot, or other station used for specified public transportation;
(h) A museum, gallery, library or other place of public display or collection;
(i) A park, zoo, amusement park, or other place of recreation;
(j) A nursery, elementary, secondary, undergraduate, or post-graduate private
school, or other place of education;
(k) A gymnasium, health spa, bowling alley, golf course; or
(l) Other place of exercise or recreation.
Sec. 36. Discrimination on the Use of Public Accommodations.
(a) No disabled person shall be discriminated on the basis of disability in the full
and equal enjoyment of the goods, services, facilities, privileges, advantages
or accommodations of any place of public accommodation by any person
Page 21 of 42
who owns, leases, or operates a place of public accommodation. The

following constitute acts of discrimination:
(1) denying a disabled person, directly or through contractual, licensing, or
other arrangement, the opportunity to participate in or benefit from the
goods, services, facilities, privileges, advantages, or accommodations of
an entity by reason of his disability;
(2) affording a disabled person, on the basis of his disability, directly or
through contractual, licensing, or other arrangement, with the
opportunity to participate in or benefit from a good service, facility,
privilege, advantage, or accommodation that is not equal to that
afforded to other able-bodied persons; and
(3) providing a disabled person, on the basis of his disability, directly or
through contractual, licensing, or other arrangement, with a good,
service, facility, advantage, privilege, or accommodation that is different
or separate form that provided to other able-bodied persons unless such
action is necessary to provide the disabled person with a good, service,
facility, advantage, privilege, or accommodation, or other opportunity
that is as effective as that provided to others;
For purposes of this Section, the term "individuals or class of individuals" refers to the
clients or customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement.
(b) Integrated Settings Goods, services, facilities, privileges, advantages, and
accommodations shall be afforded to individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(c) Opportunity to Participate Notwithstanding the existence of separate or
different programs or activities provided in accordance with this Section, an
individual with a disability shall not be denied the opportunity to participate in
such programs or activities that are not separate or different.
(d) Association It shall be discriminatory to exclude or otherwise deny equal
goods, services, facilities, advantages, privileges, accommodations or other
opportunities to an individual or entity because of the known disability of an
individual with whom the individual or entity is known to have a relationship
or association.
(e) Prohibitions For purposes of this Section, the following shall be
considered as discriminatory:
(1) The imposition or application of eligibility criteria that screen out or tend
to screen out an individual with a disability or any class or individuals
with disabilities from fully and equally enjoying any goods, services,
facilities, privileges, advantages, or accommodations, unless such
criteria can be shown to be necessary for the provision of the goods,
services, facilities, privileges, or accommodations being offered;
(2) A failure to make reasonable modifications in policies, practices, or
procedures, when such modifications are necessary to afford such
goods, services, facilities, privileges, advantages, or accommodations to

individuals with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature of the
goods, facilities, services, privileges, advantages, or accommodations;
(3) Failure to take such steps as may be necessary to ensure that no
individual with a disability is excluded, denied services, segregated or
otherwise treated differently than other individuals because of the
absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally alter the nature
of the good, service, facility, privilege, advantage or accommodation
being offered or would result in undue burden;
(4) A failure to remove architectural barriers, and communication barriers
that are structural in nature, in existing facilities, where such removal is
readily achievable; and
(5) Where an entity can demonstrate that the removal of a barrier under
clause (4) is not readily achievable, a failure to make such goods,
services, facilities, privileges, advantages, or accommodations available
through alternative methods if such methods are readily achievable.
Sec. 37. Use of Government Recreational or Sports Centers Free of Charge.
Recreational or sports centers owned or operated by the Government shall be used,
free of charge, by marginalized disabled persons during their social, sports or
recreational activities.
Sec. 38. Implementing Rules and Regulations. The Department of Public Works
and Highways shall formulate the rules and regulations necessary to implement the
provisions of this Chapter.
TITLE IV
FINAL PROVISIONS
Sec. 39. Housing Program. The National Government shall take into consideration
in its national shelter program the special housing requirements of disabled persons.
Sec. 40. Role of National Agencies and Local Government Units. Local
government units shall promote the establishment of organizations of disabled
persons in their respective territorial jurisdictions. National agencies and local
government units may enter into joint ventures with organizations or associations of
disabled persons to explore livelihood opportunities and other undertakings that shall
enhance the health, physical fitness and the economic and social well-being of
disabled persons.
Sec. 41. Support From Nongovernment Organizations. Nongovernment
organizations or private volunteer organizations dedicated to the purpose of
promoting and enhancing the welfare of disabled persons shall, as they, are hereby
encouraged, become partners of the Government in the implementation of vocational
Page 22 of 42
rehabilitation measures and other related programs and projects. Accordingly, their
participation in the implementation of said measures, programs and projects is to be
extended all possible support by the Government.
The Government shall sponsor a volunteer service program which shall harness the
involvement of private individuals in the provision of assistance to disabled persons.
Sec. 42. Tax Incentives.
(a) Any donation, bequest, subsidy or financial aid which may be made to
government agencies engaged in the rehabilitation of disabled persons and
organizations of disabled persons shall be exempt from the donor's tax
subject to the provisions of Section 94 of the National Internal Revenue
Code (NIRC), as amended and shall be allowed as deductions from the
donor's gross income for purposes of computing the taxable income subject
to the provisions of Section 29 (h) of the Code.
(b) Donations from foreign countries shall be exempt from taxes and duties on
importation subject to the provisions of Section 105 of the Tariff and
Customs Code of the Philippines, as amended, Section 103 of the NIRC, as
amended and other relevant laws and international agreements.
(c) Local manufacturing or technical aids and appliances used by disabled
persons shall be considered as a preferred area of investment subject to the
provisions of Executive Order No. 226 otherwise known as the "Omnibus
Investments Code of 1987" and, as such, shall enjoy the rights, privileges
and incentives as provided in said Code such as, but not limited, to the
following:
(1) repatriation of investments;
(2) remittance of earnings;
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations;
(5) freedom from requisition of investment;
(6) income tax holiday;
(7) additional deduction for labor expense;
(8) tax and duty exemption on imported capital equipment;
(9) tax credit on domestic capital equipment;
(10) exemption from contractor's tax;
(11) simplification of customs procedures;
(12) unrestricted use of consigned equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded warehouse system;
(16) exemption from taxes and duties on imported spare parts; and
(17) exemption from wharfage dues and any export tax, duty, impost and
fee.
Sec. 43. Continuity Clause. Should any department or agency tasked with the
enforcement or formulation of rules and regulations and guidelines for implementation
of any provision of this Act is abolished, merged with another department or agency
or modified, such shall not affect the enforcement or formulation of rules, regulations
and guidelines for implementation of this Act to the effect that
(a) In case of abolition, the department or agency established to replace the
abolished department or agency shall take-over the functions under this Act
of the abolished department or agency.
(b) In case the department or agency tasked with the enforcement or
formulation of rules, regulations and guidelines for implementation of this Act
is merged with another department or agency, the former shall continue the
functions under this Act of the merged department or agency.
(c) In case of modification, the department or agency modified shall continue
the functions under this Act of the department or agency that has undergone
the modification.
Sec. 44. Enforcement by the Secretary of Justice.
(a) Denial of Right
(1) Duty to Investigate the Secretary of Justice shall investigate alleged
violations of this Act, and shall undertake periodic reviews of
compliance of covered entities under this Act.
(b) Potential Violations If the Secretary of Justice has reasonable cause to
believe that
(1) any person or group of persons is engaged in a pattern or practice of
discrimination under this Act; or
(2) any person or group or persons has been discriminated against under this
Act and such discrimination raises an issue of general public importance, the
Secretary of Justice may commence a legal action in any appropriate court.
Sec. 45. Authority of Court. The court may grant any equitable relief that such
court considers to be appropriate, including, to the extent required by this Act:
(a) granting temporary, preliminary or permanent relief;
(b) providing an auxiliary aid or service, modification of policy, practice or
procedure, or alternative method; and
(c) making facilities readily accessible to and usable by individuals with
disabilities.
Sec. 46. Penal Clause.
(a) 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) or imprisonment of not less than six (6) months but not
more than two (2) years, or both at the discretion of the court; and
(2) for any subsequent violation, a fine of not less than One hundred
thousand pesos (P100,000.00) but not exceeding Two hundred thousand
Page 23 of 42
pesos (P200,000.00) or imprisonment for not less than two (2) years but
not more than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a fine of not less than Five
thousand pesos (P5,000.00), but not more than Fifty thousand pesos
(P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials
thereof directly involved shall be liable therefor.
(d) If the violator is an alien or a foreigner, he shall be deported immediately
after service of sentence without further deportation proceedings.
Sec. 47. Appropriations. The amount necessary to carry out the provisions of this
Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.
Sec. 48. Separability Clause. Should any provisions of this Act be found
unconstitutional by a court of law, such provisions shall be severed from the
remainder of the Act, and such action shall not affect the enforceability of the
remaining provisions of this Act.
Sec. 49. Repealing Clause. All laws, presidential decrees, executive orders and
rules and regulations inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
Sec. 50. Effectivity. This Act shall take effect fifteen (15) days after its publication
in any two (2) newspapers of general circulation.
E. RA 9442
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE
"MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES"
Congress assembled:
SECTION 1. A new chapter, to be denominated as "Chapter 8. Other privileges and
Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known
as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as
follows:
"CHAPTER 8. Other Privileges and Incentives
"SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount from all establishments relative to the
utilization of all services in hotels and similar lodging establishments;
restaurants and recreation centers for the exclusive use or enjoyment of
persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by

theaters, cinema houses, concert halls, circuses, carnivals and other similar
places of culture, leisure and amusement for the exclusive use of enjoyment
of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all
drugstores for the exclusive use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services
including diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities,
subject to guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation
(PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services
including diagnostic and laboratory fees, and professional fees of attending
doctors in all private hospitals and medical facilities, in accordance with the
rules and regulations to be issued by the DOH, in coordination with the
PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea
travel for the exclusive use or enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus
fare for the exclusive use and enjoyment of person with disability;
(h) Educational assistance to persons with disability, for them to pursue primary,
secondary, tertiary, post tertiary, as well as vocational or technical
education, in both public and private schools, through the provision of
scholarships, grants, financial aids, subsidies and other incentives to
qualified persons with disability, including support for books, learning
material, and uniform allowance to the extent feasible: Provided, That
persons with disability shall meet minimum admission requirements;
(i) 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;
(j) To the extent possible, the government may grant special discounts in
special programs for persons with disability on purchase of basic
commodities, subject to guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agricultural
(DA); and
(k) Provision of express lanes for persons with disability in all commercial and
government establishments; in the absence thereof, priority shall be given to
them.
The abovementioned privileges are available only to persons with disability who are
Filipino citizens upon submission of any of the following as proof of his/her entitlement
thereto:
Page 24 of 42
(I)
(II)
(III)
An identification card issued by the city or municipal mayor or the

barangay captain of the place where the persons with disability resides;
The passport of the persons with disability concerned; or
Transportation discount fare Identification Card (ID) issued by the
National Council for the Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a
higher discount sa may be granted by the commercial establishment
and/or under other existing laws or in combination with other discount
programs/s.
The establishments may claim the discounts granted in sub-sections
(a), (b), (c), (f) and (g) as tax deductions based on the net cost of the
goods sold or services rendered: 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 (NIRC), as amended."
"SEC. 33. Incentives. - Those caring for and living with a person with disability
shall be granted the following incentives:
(a) Persons with disability shall be treated as dependents under the Section 35
(A) of the National Internal Revenue Code, as amended and as such,
individual taxpayers caring for them shall be accorded the privileges granted
by the code insofar as having dependents under the same section are
concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential
communities or retirement villages solely to suit the needs and requirements
of persons with disability shall be accorded the following:
a. Realty tax holiday for the first five years of operation; an
b. Priority in the building and/or maintenance of provincial or municipal
roads leading to the aforesaid home, residential community or
retirement village."
SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and
section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40,
41 and 42 to read as follows:
"Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability
"CHAPTER 1. Deliverance from Public Ridicule
"SEC. 39. Public Ridicule. - For purposes of this chapter, public ridicule shall be
defined as an act of making fun or contemptuous imitating or making mockery of
persons with disability whether in writing, or in words, or in action due to their

impairment/s.
"SEC. 40. No individual, group or community shall execute any of these acts of
ridicule against persons with disability in any time and place which could
intimidate or result in loss of self-esteem of the latter.
"CHAPTER 2. Deliverance from Vilification

"SEC 41. Vilification. - For purposes of this Chapter, vilification shall be defined
as:
(a) The utterance of slanderous and abusive statements against a person with
disability; and/or
(b) An activity in public which incites hatred towards, serious contempt for, or
severe ridicule of persons with disability."
"SEC. 42. Any individual, group or community is hereby prohibited from vilifying
any person with disability which could result into loss of self-esteem of the latter."
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
"SEC. 46. Penal Clause.
(a) 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) or imprisonment of not less than six months but not more
than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred
thousand pesos (P100,000.00) but not exceeding Two hundred
thousand pesos (P200,000.00) or imprisonment for not less than two
years but not more than six years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six months or a fine of not less than Five
thousand pesos (P5,000.00), but not more than Fifty thousand pesos
(P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials
thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately
after service of sentence without further deportation proceedings.
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 business entity
that fails to abide by the provisions of this Act."
Page 25 of 42
SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna
Carta for Persons with Disability", and all references on the said law to "Disabled
persons" shall likewise be amended to read as "persons with disability".
SEC. 5. The Department of Social Welfare and Development, the National Council for
the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation
with the concerned Senate and House committees and other agencies, organizations,
establishments shall formulate implementing rules and regulations pertinent to the
provision of this Act within six months after the effectivity of this Act.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two
newspapers of general circulation.
SPECIAL WORKERS
A. LABOR CODE (ARTICLES 130-155)
B. RA 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUACATION OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES
Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Sexual Harassment Act of
1995."
Sec. 2. Declaration of Policy. The State shall value the dignity of every individual,
enhance the development of it 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.
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. Work,
education or training-related sexual harassment is committed by an 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,
conditions, promotions, or privileges; or the refusal to grant the sexual
favor results in limiting, segregating or classifying the employee which in
a way would discriminate, deprive or diminish employment opportunities
or otherwise adversely affect said employee;
(2) The above acts would impair the employees 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 considerations; 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.
Sec.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 workrelated, 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 the jointly
approved by the employees or students or trainees, through their duly
designated representatives, prescribing the procedure for the investigation
or sexual harassment cases and the administrative sanctions therefor.
(b) 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 section (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions.
Page 26 of 42
(c) Create a committee on decorum and investigation of cases on sexual

harassment. The committee shall conduct meetings, as the case may be,
with other 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 the 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, teachers,
instructors, professors or coaches and students or trainees, as the case maybe.
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.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution.
The employer or head of office, educational training institution shall be solidarily liable
for damage 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.
Sec. 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.
Sec. 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 provision of this Act shall prescribe in three
(3) years.
Sec. 8. Separability Clause. If any portion or provision of this Act is declared void
and unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.
Sec. 9. Repealing Clause. All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Sec. 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspaper of general circulation.
C. RA 9231
AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD
LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING
CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS
AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act", is hereby amended to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be
the policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation and discrimination, and other conditions
prejudicial to their development including child labor and its worst forms; provide
sanctions for their commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent,
guardian, teacher or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their
survival and normal development and over which they have no control.
"The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to
read as follows:
Page 27 of 42
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall
not be employed except:
1. "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. "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. "(a) The employer shall ensure the protection, health, safety,
morals and normal development of the child;
b. "(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. "(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. "(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. "(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.
"(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.
o "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. "(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. "(2) The use, procuring, offering or exposing of a child for prostitution, for the
production of pornography or for pornographic performances; or
3. "(3) The use, procuring or offering of a child for illegal or illicit activities,
including the production and trafficking of dangerous drugs and volatile
substances prohibited under existing laws; or
4. "(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. "a) Debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being; or
Page 28 of 42
b.
c.
d.
e.
f.
g.
h.
i.
"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) "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) "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) "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."
"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) "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) "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) "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) "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) "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) "f) Parents, biological or by legal fiction, and legal guardians found to be
violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not
less than Ten thousand pesos (P10,000.00) but not more than One hundred
thousand pesos (P100,000.00), or be required to render community service
for not less than thirty (30) days but not more than one (1) year, or both such
fine and community service at the discretion of the court: Provided, That the
maximum length of community service shall be imposed on parents or legal
guardians who have violated the provisions of this Act three (3)
times; Provided, further, That in addition to the community service, the
penalty of imprisonment of thirty (30) days but not more than one (1) year or
both at the discretion of the court, shall be imposed on the parents or legal
guardians who have violated the provisions of this Act more than three (3)
times.
g) "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
Page 29 of 42
h)
of this Act more than three (3) times. He/she shall likewise order the
immediate closure of such firm or establishment if:
1. "(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. "(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."
"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) "(a) Offended party;
b) "(b) Parents or guardians;
c) "(c) Ascendant or collateral relative within the third degree of consanguinity;
d) "(d) Officer, social worker or representative of a licensed child-caring
institution;
e) "(e) Officer or social worker of the Department of Social Welfare and
Development;
f) "(f) Barangay chairman of the place where the violation occurred, where the
child is residing or employed; or
g) "(g) At least three (3) concerned, responsible citizens where the violation
occurred."
"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 theOfficial Gazette or in at least two (2) national newspapers
of general circulation.
D. RA 7658
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.
o "The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of filing.
AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS

OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS
PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610
Sec. 1. Section 12, Article VIII of R.A. No. 7610 otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act" is
hereby amended to read as follows:
Page 30 of 42
"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 requirements.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from
the Department of Labor and Employment which shall ensure observance of
the child.
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.
Approved: November 9, 1993
DEPARTMENT ORDER NO. 18
Rules and Regulations Implementing Republic Act No. 7658
By virtue of the provisions of Section 2 of Republic Act No. 7658, An Act Prohibiting
the Employment of Children Below Fifteen (15) Years of Age in Public and Private
Undertakings, amending Section 12, Article VIII of Republic Act No. 7610, the
following Rules and Regulations governing the employment of children are hereby
issued:
Sec. 1. General Prohibition. - Except as otherwise provided in this Rules, children
below 15 years of age shall not be employed, permitted or suffered to work, in any
public or private establishments in the Philippines.
Sec. 2. Definition of terms.
a. "Employer" - any parent, legal guardian or producer acting as employer who
hires or engages the services of any child below 15 years of age.
b. "Legal Guardian" - any person duly appointed by a court of competent
authority to exercise care and custody of or parental authority over the
person of such child/employee.
c. "Producer" - any individual or group of individuals engaged in the production
of movies, films, motion pictures, shows or advertisements, whether on
cinema, theater, radio or television, wherein the services of such
child/employee are hired.
d. "Members of the family" - those persons having family relations referred to
under Article 150 of the Family Code of the Philippines. It shall include the
employer parent's or legal guardian's husband or wife, parents, children,
other ascendants or descendants, brothers and sisters whether of full or half
blood.
e. "Department" - the Department of Labor and Employment.
Sec. 3. Exceptions and conditions. - The following shall be the only exceptions to
the prohibition on the employment of children below 15 years of age and the
conditions for availment of said exceptions:
a. When the child works directly under the sole responsibility of his/her parents
or legal guardian who employs members of his/her family only, under the
following conditions:
1.
The employment does not endanger the child's life, safety, health and
morals;
2.
The employment does not impair the child's normal development.
3.
The employer parent or legal guardian provides the child with the
primary and/or secondary education prescribed by the Department of
Education, Culture and Sports.
b. Where the child's employment or participation in public entertainment or
information through cinema, theater, radio or television is essential, provided
that:
1.
The employment does not involve advertisements or commercials
promoting alcoholic beverages, intoxicating drinks, tobacco and its
by-products or exhibiting violence;
2.
There is a written contract approved by the department of labor and
employment; and
3.
The condition prescribed in Section a above are met.
Page 31 of 42
Sec. 5. Pre-employment requirements. - Before an employer engages a child for

employment under the exceptions enumerated above, he/she met first secure a work
permit from the Regional Office of the Department having jurisdiction over the
workplace.
The Regional Office shall require the employer to submit the following documents in
support of the application for a work permit:
a. Two (2) pictures of the child, one full body and the other showing the child's
face, both of which must be recently taken and recognizable;
b. The child's Birth Certificate or in its absence, his/her Baptismal Certificate
and a joint affidavit of his/her two nearest kin showing the year he/she was
born and a duly authenticated proof of legal guardianship where the
employer is a legal guardian;
c. A certificate of enrollment issued by the school where he/she is currently or
last enrolled or a statement from the parent or legal guardian that the child is
attending school;
d. A written undertaking that:
1.
Measures shall be instituted by the employer to prevent the child's
exploitation and discrimination such as payment of minimum age,
hours of work and other terms and conditions required by law; and
2.
The employer shall ensure the protection, health, safety, morals and
normal development of the child;
e. A medical certificate showing that the child is fit for employment;
f. A certification of a continuing program for training and skills acquisition
approved and supervised by any competent authority, nearest the place of
work, which may be recognized vocational or training school, the regional or
local office of the Department of Social Welfare and Development and the
National Manpower and Youth Council; and
g. A written contract of employment concluded by the child's parents or legal
guardian with the employer in cases of employment or participation in public
entertainment or information through cinema, theater, radio or
television. Said contract shall bear the express agreement of the child
concerned, if possible, and shall state the nature or full description of the job
and the justification is essential.
Sec. 5. Hours of Work. - Subject to consultations with the sectors concerned, the
Department shall by appropriate regulations, issue standards governing the hours of
work and time of day that children may be allowed to work.
Sec. 6. Effect on other issuances. - The provisions of existing rules and
administrative issuances not otherwise repealed, modified or inconsistent with this
Order shall continue to have full force and effect.
Sec. 7. Penalties. - Any person who shall violate any provision of Article 12 of RA
7658, shall suffer the penalty of a fine of not less than One Thousand Pesos (P1,000)
but not more than Ten Thousand Pesos (P10,000) or imprisonment of not less than
three (3) months but not more than three (3) years, or both at the discretion of the
court: Provided, that in case of repeated violations of the provisions of this Article, the
offender's license to operate shall be revoked.
Sec. 8. Effectivity. - This Rules and Regulations shall take effect fifteen (15) days
after its publications in a newspaper of general circulation.
E. RA 10361 (KASAMBAHAY LAW)

AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the Domestic Workers Act or
Batas Kasambahay.
SEC. 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at
work including, but not limited to, abolition of child labor, elimination of all
forms of forced labor, discrimination in employment and occupation, and
trafficking in persons, especially women and children;
(b) The State adheres to internationally accepted working conditions for workers
in general, and establishes labor standards for domestic workers in particular,
towards decent employment and income, enhanced coverage of social
protection, respect for human rights and strengthened social dialogue;
(c) The State recognizes the need to protect the rights of domestic workers
against abuse, harassment, violence, economic exploitation and performance
of work that is hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and recognizing their special needs
to ensure safe and healthful working conditions, promotes gender-sensitive
measures in the formulation and implementation of policies and programs
affecting the local domestic work.
SEC. 3. Coverage. This Act applies to all domestic workers employed and working
within the country.
Page 32 of 42
SEC. 4. Definition of Terms. As used in this Act, the term:

(a) Debt bondage refers to the rendering of service by the domestic worker as
security or payment for a debt where the length and nature of service is not
clearly defined or when the value of the service is not reasonably applied in
the payment of the debt.
(b) Deployment expenses refers to expenses that are directly used for the
transfer of the domestic worker from place of origin to the place of work
covering the cost of transportation. Advances or loans by the domestic
worker are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a household or households.
(d) Domestic worker or Kasambahay refers to any person engaged in
domestic work within an employment relationship such as, but not limited to,
the following: general househelp, nursemaid or yaya, cook, gardener, or
laundry person, but shall exclude any person who performs domestic work
only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement,
and are provided access to education and given an allowance incidental to
education, i.e. baon, transportation, school projects and school activities.
(e) Employer refers to any person who engages and controls the services of a
domestic worker and is party to the employment contract.
(f) Household refers to the immediate members of the family or the occupants
of the house that are directly provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any individual, legitimate
partnership, corporation or entity licensed to engage in the recruitment and
placement of domestic workers for local employment.
(h) Working children, as used under this Act, refers to domestic workers who
are fifteen (15) years old and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. The employer or any member of the household
shall not subject a domestic worker or kasambahay to any kind of abuse nor inflict
any form of physical violence or harassment or any act tending to degrade the dignity
of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. The employer shall provide for
the basic necessities of the domestic worker to include at least three (3) adequate
meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in
case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these
basic necessities as punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. Respect for the privacy of the domestic worker shall
be guaranteed at all times and shall extend to all forms of communication and
personal effects. This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. The employer shall grant the domestic
worker access to outside communication during free time: Provided, That in case of
emergency, access to communication shall be granted even during work time. Should
the domestic worker make use of the employers telephone or other communication
facilities, the costs shall be borne by the domestic worker, unless such charges are
waived by the employer.
SEC. 9. Right to Education and Training. The employer shall afford the domestic
worker the opportunity to finish basic education and may allow access to alternative
learning systems and, as far as practicable, higher education or technical and
vocational training. The employer shall adjust the work schedule of the domestic
worker to allow such access to education or training without hampering the services
required by the employer.
SEC. 10. Prohibition Against Privileged Information. All communication and
information pertaining to the employer or members of the household shall be treated
as privileged and confidential, and shall not be publicly disclosed by the domestic
worker during and after employment. Such privileged information shall be
inadmissible in evidence except when the suit involves the employer or any member
of the household in a crime against persons, property, personal liberty and security,
and chastity.
ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract. An employment contract shall be executed by and
between the domestic worker and the employer before the commencement of the
service in a language or dialect understood by both the domestic worker and the
employer. The domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
Page 33 of 42
(j) Termination of employment; and

(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE) shall develop a model
employment contract for domestic workers which shall, at all times, be made available
free of charge to domestic workers, employers, representative organizations and the
general public. The DOLE shall widely disseminate information to domestic workers
and employers on the use of such model employment contract.
In cases where the employment of the domestic worker is facilitated through a private
employment agency, the PEA shall keep a copy of all employment contracts of
domestic workers and shall be made available for verification and inspection by the
DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the execution of the employment
contract, the employer may require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a local government health
officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available, any other document
showing the age of the domestic worker such as voters identification card,
baptismal record or passport.
However, Section 12(a), (b), (c) and (d) shall be standard requirements when the
employment of the domestic worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the prospective employer or agency, as
the case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of whether the domestic
worker was hired through a private employment agency or a third party, no share in
the recruitment or finders fees shall be charged against the domestic worker by the
said private employment agency or third party.
SEC. 14. Deposits for Loss or Damage. It shall be unlawful for the employer or any
other person to require a domestic worker to make deposits from which deductions
shall be made for the reimbursement of loss or damage to tools, materials, furniture
and equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be unlawful for the employer or any
person acting on behalf of the employer to place the domestic worker under debt
bondage.
SEC. 16. Employment Age of Domestic Workers. It shall be unlawful to employ any
person below fifteen (15) years of age as a domestic worker. Employment of working
children, as defined under this Act, shall be subject to the provisionsof Section 10(A),
paragraph 2 of Section 12-A, paragraph 4 of Section 12-D, and Section 13 of
Republic Act No. 7610, as amended, otherwise known as the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act.
Working children shall be entitled to minimum wage, and all benefits provided under
this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher and
shall be prohibited from hiring a working child.
SEC. 17. Employers Reportorial Duties. The employers shall register all domestic
workers under their employment in the Registry of Domestic Workers in the barangay
where the employers residence is located. The Department of the Interior and Local
Government (DILG) shall, in coordination with the DOLE, formulate a registration
system for this purpose.
SEC. 18. Skills Training, Assessment and Certification. To ensure productivity and
assure quality services, the DOLE, through the Technical Education and Skills
Development Authority (TESDA), shall facilitate access of domestic workers to
efficient training, assessment and certification based on a duly promulgated training
regulation.
ARTICLE IV
EMPLOYMENT TERMS AND CONDITIONS
SEC. 19. Health and Safety. The employer shall safeguard the health and safety of
the domestic worker in accordance with laws, rules and regulations, with due
consideration of the peculiar nature of domestic work.
SEC. 20. Daily Rest Period. The domestic worker shall be entitled to an aggregate
daily rest period of eight (8) hours per day.
SEC. 21. Weekly Rest Period. The domestic worker shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the domestic
worker shall agree in writing on the schedule of the weekly rest day of the domestic
worker: Provided, That the employer shall respect the preference of the domestic
worker as to the weekly rest day when such preference is based on religious grounds.
Nothing in this provision shall deprive the domestic worker and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
Page 34 of 42
SEC. 22. Assignment to Nonhousehold Work. No domestic worker shall be

assigned to work in a commercial, industrial or agricultural enterprise at a wage rate
lower than that provided for agricultural or nonagricultural workers. In such cases, the
domestic worker shall be paid the applicable minimum wage.
SEC. 23. Extent of Duty. The domestic worker and the employer may mutually
agree for the former to temporarily perform a task that is outside the latters
household for the benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne by
the original employer. In addition, such work performed outside the household shall
entitle the domestic worker to an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall be unlawful for the original
employer to charge any amount from the said household where the service of the
domestic worker was temporarily performed.
SEC 24. Minimum Wage. The minimum wage of domestic workers shall not be less
than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in
the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those employed in chartered
cities and first class municipalities; and
(c) One thousand five hundred pesos (P1,500.00) a month for those employed in
other municipalities.
After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. Payment of wages shall be made on time directly to
the domestic worker to whom they are due in cash at least once a month. The
employer, unless allowed by the domestic worker through a written consent, shall
make no deductions from the wages other than that which is mandated by law. No
employer shall pay the wages of a domestic worker by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
SEC. 26. Pay Slip. The employer shall at all times provide the domestic worker with
a copy of the pay slip containing the amount paid in cash every pay day, and
indicating all deductions made, if any. The copies of the pay slip shall be kept by the
employer for a period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of Wages. It shall be unlawful
for the employer to interfere with the freedom of any domestic worker to dispose of
the latters wages. The employer shall not force, compel or oblige the domestic
worker to purchase merchandise, commodities or other properties from the employer

or from any other person, or otherwise make use of any store or services of such
employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If the
domestic worker leaves without any justifiable reason, any unpaid salary for a period
not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not
induce the domestic worker to give up any part of the wages by force, stealth,
intimidation, threat or by any other means whatsoever.
SEC. 29. Leave Benefits. A domestic worker who has rendered at least one (1) year
of service shall be entitled to an annual service incentive leave of five (5) days with
pay: Provided, That any unused portion of said annual leave shall not be cumulative
or carried over to the succeeding years. Unused leaves shall not be convertible to
cash.
SEC. 30. Social and Other Benefits. A domestic worker who has rendered at least
one (1) month of service shall be covered by the Social Security System (SSS), the
Philippine Health Insurance Corporation (PhilHealth), and the Home Development
Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with
the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer. However, if
the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and
above per month, the domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. Any abused or
exploited domestic worker shall be immediately rescued by a municipal or city social
welfare officer or a social welfare officer from the Department of Social Welfare and
Development (DSWD) in coordination with the concerned barangay officials. The
DSWD and the DILG shall develop a standard operating procedure for the rescue and
rehabilitation of abused domestic workers, and in coordination with the DOLE, for
possible subsequent job placement.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. Neither the domestic worker nor the employer
may terminate the contract before the expiration of the term except for grounds
provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the compensation already earned plus
the equivalent of fifteen (15) days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not exceeding the equivalent
Page 35 of 42
fifteen (15) days work shall be forfeited. In addition, the employer may recover from
the domestic worker costs incurred related to the deployment expenses, if
any: Provided, That the service has been terminated within six (6) months from the
domestic workers employment.
If the duration of the domestic service is not determined either in stipulation or by the
nature of the service, the employer or the domestic worker may give notice to end the
working relationship five (5) days before the intended termination of the service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
SEC. 33. Termination Initiated by the Domestic Worker. The domestic worker may
terminate the employment relationship at any time before the expiration of the
contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by the
employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the
employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(f) Other causes analogous to the foregoing.
SEC. 34. Termination Initiated by the Employer. An employer may terminate the
services of the domestic worker at any time before the expiration of the contract, for
any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful order
of the employer in connection with the formers work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the domestic
worker;
(d) Commission of a crime or offense by the domestic worker against the person
of the employer or any immediate member of the employers family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the employer, or
member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days from
request a certificate of employment indicating the nature, duration of the service and
work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment Agencies (PEAs). The DOLE shall,
through a system of licensing and regulation, ensure the protection of domestic
workers hired through the PEAs.
The PEA shall be jointly and severally liable with the employer for all the wages,
wage-related benefits, and other benefits due a domestic worker.
The provision of Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, on qualifications of the PEAs with regard to
nationality, networth, owners and officers, office space and other requirements, as
well as nontransferability of license and commission of prohibited practices, shall
apply.
In addition, PEAs shall have the following responsibilities:
(a) Ensure that domestic workers are not charged or levied any recruitment or
placement fees;
(b) Ensure that the employment agreement between the domestic worker and the
employer stipulates the terms and conditions of employment and all the
benefits prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the domestic worker and the
employer about their rights and responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements pertaining to recruited
domestic workers which shall be made available during inspections or
whenever required by the DOLE or local government officials;
(e) Assist domestic workers with respect to complaints or grievances against
their employers; and
(f) Cooperate with government agencies in rescue operations involving abused
or exploited domestic workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes. All labor-related disputes shall be
elevated to the DOLE Regional Office having jurisdiction over the workplace without
prejudice to the filing of a civil or criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and mediation efforts before a decision
shall be rendered.
Ordinary crimes or offenses committed under the Revised Penal Code and other
special penal laws by either party shall be filed with the regular courts.
Page 36 of 42
ARTICLE VIII
SPECIAL PROVISIONS
SEC. 38. Information Program. The DOLE shall, in coordination with the DILG, the
SSS, the PhilHealth and Pag-IBIG develop and implement a continuous information
dissemination program on the provisions of this Act, both at the national and local
level, immediately after the enactment of this law.
orders, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.
EMPLOYMENT BENEFITS
A. LABOR CODE (ARTICLES 82-96)
SEC. 39. Araw Ng Mga Kasambahay. The date upon which the President shall
approve this Domestic Workers Act shall be designated as the Araw ng mga
Kasambahay.
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
IMPLEMENTATION OF COMPRESSED WORKWEEK SCHEMES
SEC. 40. Penalty. Any violation of the provisions of this Act declared unlawful shall
be punishable with a fine of not less than Ten thousand pesos (P10,000.00) but not
more than Forty thousand pesos (P40,000.00) without prejudice to the filing of
appropriate civil or criminal action by the aggrieved party.
I. PURPOSE AND COVERAGE

This Advisory is being issued to guide employers and workers who may opt to
adopt a mutually acceptable compressed workweek (CWW) scheme suitable to
the requirements of the firm.
SEC. 41. Transitory Provision; Non-Diminution of Benefits. All existing

arrangements between a domestic worker and the employer shall be adjusted to
conform to the minimum standards set by this Act within a period of sixty (60) days
after the effectivity of this Act: Provided, That adjustments pertaining to wages shall
take effect immediately after the determination and issuance of the appropriate wage
order by the RTWPBs: Provided, further, That nothing in this Act shall be construed to
cause the diminution or substitution of any benefits and privileges currently enjoyed
by the domestic worker hired directly or through an agency.
SEC. 42. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Secretary of Labor and Employment, the Secretary of Social
Welfare and Development, the Secretary of the Interior and Local Government, and
the Director General of the Philippine National Police, in coordination with other
concerned government agencies and accredited nongovernment organizations
(NGOs) assisting domestic workers, shall promulgate the necessary rules and
regulations for the effective implementation of this Act.
ARTICLE X
FINAL PROVISIONS
SEC. 43. Separability Clause. If any provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected shall remain in full
force and effect.
SEC. 44. Repealing Clause. All articles or provisions of Chapter III (Employment of
Househelpers) of Presidential Decree No. 442, as amended and renumbered by
Republic Act No. 10151 are hereby expressly repealed. All laws, decrees, executive
B. COMPRESSED WORK WEEK (DA 02-04)
This Advisory may be used in all establishments except those in the

construction industry, in health services, in occupations requiring heavy manual
labor, or in occupations or workplaces in which workers are exposed to
airborne contaminants, human carcinogens, substances, chemicals or noise
that exceed threshold limit values or tolerance levels for an eight-hour workday
prescribed under existing Occupational Safety and Health Standards (OSHS).
II. POLICY
As a matter of policy, and taking into account the emergence of new technology
and the continuing restructuring and modernization of the work process, the
Department of Labor and Employment (DOLE) encourages employers and
workers to enter into voluntary agreements adopting CWW schemes based on
the following objectives:
1.
To promote business competitiveness and productivity, improve efficiency by

lower operating costs, and reduce work-related expenses of employees;
2.
To give employers and workers flexibility in fixing hours of work compatible

with business requirements and the employees' need for a balanced work
life; and
3.
To ensure the safety and health of employees at the workplace at all times.
For purposes of administering or enforcing existing laws and rules on work hours,
overtime compensation and other relevant labor standards, DOLE shall
Page 37 of 42
recognize only those CWW schemes that have been entered into consistent with
this Advisory.
2.
III. CONCEPT AND DEFINITION
The Labor Code provides that the normal work hours per day shall be eight
hours. Work may be performed beyond eight hours a day provided the employee
is paid for the overtime work. On the other hand, the normal number of workdays
per week shall be six days, or a total of forty-eight (48) hours based on the
normal workday of eight hours. This is without prejudice to firms whose normal
workweek is five days, or a total of forty (40) hours based on the normal workday
of eight hours.
For purposes of this Advisory, a CWW scheme is an alternative arrangement

whereby the normal workweek is reduced to less than six days but the total
number of normal work hours per week shall remain at 48 hours. The normal
workday is increased to more than eight hours without corresponding, overtime
premium. This concept can be adjusted accordingly in cases where the normal
workweek of the firm is five days.
3.
IV. SPECIFIC GUIDELINES

Conditions. DOLE shall recognize CWW schemes adopted in accordance with
the following:
1. The CWW scheme is undertaken as a result of an express and
voluntary agreement of majority of the covered employees or their duly
authorized representatives. This agreement may be expressed through
collective bargaining or other legitimate workplace mechanisms of
participation such as labor-management councils, employee assemblies or
referenda.
2. In firms using substances, chemicals and processes or operating uAder
conditions where there are airborne contaminants, human carcinogens or
noise prolonged exposure to which may pose hazards to the employees'
health and safety, there must be a certification from an accredited health
and safety organization or practitioner or from the finn's safety committee
that work beyond eight hours is within threshold limits or tolerable levels of
exposure, as set in the OSHS.
3. The employer shall notify DOLE, through the Regional Office having
jurisdiction over the workplace, of the adoption of the CWW scheme. The
notice shall be in DOLE CWW Report Form attached to this Advisory.
Effects. A CWW scheme which complies with the foregoing conditions shall have
the following effects:
1. Unless there is a more favorable practice existing in the firm, work beyond
eight hours will not be compensable by overtime premium provided the total
number of hours worked per day shall not exceed twelve (12) hours. In any
case, any work performed beyond 12 hours a day or 48 hours a week shall
be subject to overtime premium.
Consistent with Articles 85 of the Labor Code, employees under a CWW
scheme are entitled to meal periods of not less than sixty (60) minutes.
Nothing herein shall impair the right of employees to rest days as well as to
holiday pay, rest day pay or leaves in accordance. with. law or applicable
collective bargaining agreement or company practice.
Adoption of the CWW scheme shall in no case result in diminution of existing
benefits. Reversion to the normal eight-hour workday shall not
constitute a diminution of benefits. The reversion shall be considered a
legitimate exercise of management prerogative, provided that the employer
shall give the employees prior notice of such reversion within a reasonable
period of time.
Administration of CWW Scheme. The parties to the CWW scheme shall be

primarily responsible for its administration. In case of differences of interpretation,
the following shall be observed:
1. The differences shall be treated as grievances under the applicable
grievance mechanism of the firm.
2. If there is no grievance mechanism or if this mechanism is inadequate, the
grievance shall be referred to the Regional Office which shall conduct a
training and assistance visit (TAV) pursuant to Section 3 of Department
Order No. 57-04.
3. The purpose of the TAV is to ascertain, through the most practical and least
litigious way possible, whether or not the scheme is the result of a voluntary
agreement or is supported by the appropriate certification from an accredited
safety and health organization or practitioner. Where appropriate, the TAV
may include the conduct, as may be appropriate, of a referendum or work
environment measurement (WEM) to determine actual work conditions.
To facilitate the resolution of grievances, employers are required to keep and
maintain, as part of their records, the documentary requirements proving that
the CWW scheme was voluntarily adopted and the certification that the
scheme is consistent with OSHS.
4.
In the absence of proof of voluntary agreement or safety and health

certification, the employer shall pay the employees concerned any overtime
pay that may be owing to them as if the CWW scheme did not exist. If it
turns out that work beyond eight hours is not consistent with OSHS, the
parties shall immediately revert to a normal eight-hour workday.
V. PUBLICATION AND POSTING
This Advisory shall be published in two newspapers of general circulation and

henceforth shall be part of the labor education manuals to be developed by
Page 38 of 42
DOLE. Every firm adopting a CWW scheme shall ensure that a copy of this
advisory is posted in a conspicuous location in the workplace.
(c) If they experience health problems during such an assignment which are
not caused by factors other than the performance of night work.
C. NIGHT WORK (RA 10151)
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.
An Act Allowing the Employment of Night Workers, Thereby Repealing Articles 130
and 131 of Presidential Decree Number Four Hundred Forty-Two, as amended,
otherwise known as the Labor Code Of The Philippines
Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made

available for workers performing night work, including arrangements where such
workers, where necessary, can be taken immediately to a place for appropriate
treatment. The employers are likewise required to provide safe and healthful
working conditions and adequate or reasonable facilities such as sleeping or
resting quarters in the establishment and transportation from the work premises
to the nearest point of their residence subject to exceptions and guidelines to be
provided by the DOLE.
Art. 157. Transfer. Night workers who are certified as unfit for night work, due
to health reasons, shall be transferred, whenever practicable, to a similar job for
which they are fit to work.
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two
thousand ten.
Congress assembled:
SECTION 1. Article 130 of the Labor Code is hereby repealed.
SEC. 2. Article 131 of the Labor Code is hereby repealed.
SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of
Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential
Decree No. 442, to read as follows:
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.
Chapter V
Employment of Night Workers
Art. 154. Coverage. This chapter shall apply to all persons, who shall be
employed or permitted or suffered to work at night, except those employed in
agriculture, stock raising, fishing, maritime transport and inland navigation, during
a period of not less than seven (7) consecutive hours, including the interval from
midnight to five oclock in the morning, to be determined by the Secretary of
Labor and Employment, after consulting the workers representatives/labor
organizations and employers.
Night worker means any employed person whose work requires performance of
a substantial number of hours of night work which exceeds a specified limit. This
limit shall be fixed by the Secretary of Labor after consulting the workers
representatives/labor organizations and employers.
Art. 155. Health Assessment, At their request, workers shall have the right to
undergo a health assessment without charge and to receive advice on how to
reduce or avoid health problems associated with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment; and
A night worker certified as temporarily unfit for night work shall be given the
same protection against dismissal or notice of dismissal as other workers who
are prevented from working for reasons of health.
Art. 158. Women Night Workers. Measures shall be taken to ensure that an
alternative to night work is available to women workers who would otherwise be
called upon to perform such work:
(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which
shall be divided between the time before and after childbirth;
(b) For additional periods, in respect of which a medical certificate is produced
stating that said additional periods are necessary for the health of the mother or
child:
(1) During pregnancy;
(2) During a specified time beyond the period, after childbirth is fixed
pursuant to subparagraph (a) above, the length of which shall be determined
by the DOLE after consulting the labor organizations and employers.
During the periods referred to in this article:
(i) A woman worker shall not be dismissed or given notice of
dismissal, except for just or authorised causes provided for in this
Page 39 of 42
Code that are not connected with pregnancy, childbirth and

childcare responsibilities.
(ii) A woman worker shall not lose the benefits regarding her
status, seniority, and access to promotion which may attach to her
regular night work position.
Pregnant women and nursing mothers may he allowed to work at night only
if a competent physician, other than the company physician, shall certify
their fitness to render night work, and specify, in the ease of pregnant
employees, the period of the pregnancy that they can safely work.
The measures referred to in this article may include transfer to day work
where this is possible, the provision of social security benefits or an
extension of maternity leave.
The provisions of this article shall not have the effect of reducing the
protection and benefits connected with maternity leave under existing laws.
Art. 159. Compensation. The compensation for night workers in the form of
working time, pay or similar benefits shall recognize the exceptional nature of
night work.
Art. 160. Social Services.Appropriate social services shall be provided for

night workers and, where necessary, for workers performing night work.
Art. 161. Night Work Schedules. Before introducing work schedules requiring
the services of night workers, the employer shall consult the workers
representatives/labor organizations concerned on the details of such schedules
and the forms of organization of night work that are best adapted to the
establishment and its personnel, as well as on the occupational health measures
and social services which are required. In establishments employing night
workers, consultation shall take place regularly.
SEC. 5. The subsequent articles starting from Book Four, Title I, Chapter I of
Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 6. Application. The measures referred to in this chapter shall be applied not
later than six (G) months from the effectivity of this Act.
SEC. 7. Guidelines. The DOLE shah promulgate appropriate regulations in addition
to existing ones to ensure protection, safety and welfare of night workers.
SEC. 8. Penalties. Any violation of this Act, and the rules and regulations issued
pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos
(P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of
not less than six (6) months, or both, at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership or association, or other entity, the
penalty shall be imposed upon the guilty officer or officers of such corporation, trust,
firm, partnership or association, or entity.
SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected
thereby.
SEC. 10. Repealing Clause. All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this Act,
are hereby modified and repealed.
SEC. 11 Effectivity Clause. This Act shall take effect after fifteen (15) days following
its publication in two (2) national newspapers of general circulation.
D.
MATERNITY LEAVE (ART. 131, AMENDED BY RA 1161)
Section 14-A. Maternity Leave Benefit. A covered female employee who has
paid at least three monthly maternity contributions in the twelve-month period
preceding the semester of her childbirth, abortion, or miscarriage and who is currently
employed shall be paid a daily maternity benefit equivalent to one hundred per cent of
her present basic salary, allowances and other benefits or the cash equivalents of
such benefits for sixty days subject to the following conditions:
(a) That the employee shall have notified her employer of her pregnancy and
the probable date of her childbirth which notice shall be transmitted to the
SSS in accordance with the rules and regulations it may provide;
(b) That the payment shall be advanced by the employer in two equal
installments within thirty days from the filing of the maternity leave
application;
(c) That in case of caesarian delivery, the employees shall be paid the daily
maternity benefit for seventy-eight days;
(d) That payment of daily maternity benefits shall be a bar to the recovery of
sickness benefits provided by this Act for the same compensable period of
sixty days for the same childbirth, abortion, or miscarriage;
(e) That the maternity benefits provided under this section shall be paid only for
the first four deliveries after March 13, 1973;
(f) That the SSS shall immediately reimburse the employer of one hundred per
cent 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
(g) That 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 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 to the
employee concerned. (As amended by Sec. 7, P.D. No. 1202, S-1977; Sec.
11, P.D. No. 1636, S-1979; and R.A. 7322)
Page 40 of 42
E. PATERNITY LEAVE (RA 8187)
SECTION 1.
Short Title - This Act shall be known as the "Paternity
Leave Act of 1996".
SEC. 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.
SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in least two (2) newspapers of national
circulation.
F. PARENTAL LEAVE (RA 8972)

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.
G. LEAVE FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND

CHILDREN (RA 9262)
SEC. 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to
the benefits granted to a married male employee allowing him not to report for
work for seven (7) days but continues to earn the compensation therefor, on the
condition that his spouse has delivered a child or suffered a miscarriage for
purposes of enabling him to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born child.
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.
SEC. 4. The Secretary of Labor and Employment, the Chairman of the Civil
Service Commission and the Secretary of Health shall, within thirty (30) days
from the effectivity of this Act, issue such rules and regulations necessary for the
proper implementation of the provisions hereof.
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.
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 (P25,000) or
imprisonment of not less than thirty (30) days nor more than six (6) months.
If the violation is committed by a corporation, trust or firm, partnership,

association or any other entity, the penalty of imprisonment shall be imposed on
the entity's responsible officers, including, but not limited to, the president, vicepresident, chief executive officer, general manager, managing director
or partner directly responsible therefor.
SEC. 6. Nondiminution Clause. - Nothing in this Act shall be construed to reduce

any existing benefits of any form granted under existing laws, decrees, executive
orders, or any contract, agreement or policy between employer and employee.
SEC. 7. Repealing Clause. - All laws, ordinances, rules, regulations, issuances,
or parts thereof which are inconsistent with this Act are hereby repealed or
modified accordingly.
H. SPECIAL LEAVE FOR WOMEN ( RA 9710)

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.
I.
13TH MONTH PAY (DA 02-12)
Payment of Thirteenth-Month Pay

Pursuant to the provisions of Presidential Decree No. 851 and its Implementing
Rules and Regulations requiring employers in the private sector to pay their rank-
Page 41 of 42
and-file employees a 13th Month Pay on or before December 24 of every year, all
covered employers are hereby reminded to comply with the following rules:
I. DEFINITION OF TERMS
1. "Thirteenth-month pay" shall mean one twelfth (1/12) of the basic salary of
an employee within a calendar year.
2.
II.
"Basic salary" shall include all remunerations or earnings paid by an employer

to an employee for services rendered but may not include cost-of-living
allowances. profit-sharing payments, cash equivalent of unused vacation and
sick leave credits, overtime pay, premium pay, night shift differential, holiday
pay, and all allowances and monetary benefits which are not considered, or
integrated, as part of the regular, or basic salary of the employee.
COVERAGE
Rank-and-file employees in the private sector shall be entitled to month pay
regardless of their position, designation, or employment status, and irrespective
of the method by which their wages are paid, provided that they have worked
for at least one month during the calendar year.
Ill. TIME OF PAYMENT

The 13th month pay shall be paid not later than December 24 of every year.
An employer, however, may give to his or her employees one-half ( l/2) of the
13th month pay before the opening of the regular school year and the
remaining half on or before December 24 of every year.
4.
5.
6.
7.
8.
Total employment
Total number of workers benefited
Amount granted per employee
Total amount of benefits granted
Name, position, and telephone number of person giving information
J. LABOR CODE (ARTICLES 97-127, EXCEPT 106 TO 109)
CONTRACT- WORKERS
A.
B.
C.
D.
E.
LABOR CODE (ARTICLES 106-109)

DO 18-A
DEPARTMENT CIRCULAR NO. 01, SERIES OF 2012
DOLE ADVISORY NO. 01-20312
GUIDELINES ON THE COMPUTATION OF THE TEN PERCENT
(10%) ADMINISTRATIVE COST PURSUANT TO DO 18-A DATED
JUNE 18, 2012 ISSUED BY ACTING DOLE SECRETARY
LOURDES M. TRANSMONTE
F. LABOR CODE (ARTICLES 128-129)
IV. AMOUNT OF 13TH MONTH PAY

The minimum 13th month pay required by law shall not be less than one-twelfth
(1/12) of the total basic salary earned by an employee within a calendar year.
V. FORMULA AND COMPUTATION OF 13TH MONTH PAY
Total basic salary earned during the year / 12 months = Proportionate 13th
month pay
(For Illustration/example, see dropbox file )
VI. REPORT OF COMPLIANCE
Every covered employer shall make a report of his compliance with the law to the
nearest Regional Office not later than January 15 of each year. The report shall
conform substantially with the following form:
Report on Compliance with PD No.851
1. Name of establishment
2. Address
3. Principal product or business
Page 42 of 42

LABOR - CADIZ Special Laws (Midterms)

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LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

Section 10: No law impairing the obligation of contracts shall be passed.

Section 18 (2): No involuntary servitude in any form shall exist except as a

ARTICLE II (STATE POLICIES)

Section 1: No person shall be deprived of life, liberty, or property without due

Section 4: No law shall be passed abridging the freedom of speech, of

Section 7: The right of the people to information on matters of public concern

ATTY. CADIZ BLOCK A2015

ARTICLE XIII (SOCIAL JUSTICE AND HUMAN RIGHTS)

Section 1: The Congress shall give highest priority to the enactment of

Section 2: The promotion of social justice shall include the commitment to

It shall guarantee the rights of all workers to self-organization, collective

The State shall promote the principle of shared responsibility between

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

the right of enterprises to reasonable returns to investments, and to

Article 19 (HUMAN RELATIONS): Every person must, in the exercise of his

Article 1700 (CONTRACT OF LABOR): The relations between capital and

C. LABOR CODE (ARTICLES 1 TO 6)

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

free and accessible skills development and enhancement programs.

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

Failure to actually deploy a contracted worker without valid reason as

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

Any compromise/amicable settlement or voluntary agreement on money claims

ATTY. CADIZ BLOCK A2015

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

SEC. 16. Mandatory Repatriation of Underage Migrant Workers. - Upon discovery or

(c) Institute, in cooperation with other government agencies concerned, a

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

take priority action or make representation with the foreign authority

ATTY. CADIZ BLOCK A2015

(b.2) Overseas Workers Welfare Administration. - The Welfare officer of in

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

(c.6) All DOH-accredited medical clinics, including the DOH-operated

V. THE LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS

SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS AFFAIRS. - There is

ATTY. CADIZ BLOCK A2015

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

ATTY. CADIZ BLOCK A2015

Upon receipt of the recommendation of the ambassador, the Secretary of the

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

migrant worker who is involved in a case or litigation for the protection of

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

certificate of insurance coverage of the migrant worker to POEA as a requirement for

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

APPRENTICES, LEARNERS AND HANDICAPPED WORKERS

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

ATTY. CADIZ BLOCK A2015

Sheltered Employment refers to the provision of productive work for disabled

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

compensation, privileges, benefits, fringe benefits, incentives or allowances as a

Sec. 8. Incentives for Employers.

Sec. 5. Equal Opportunity for Employment. No disable person shall be denied

Sec. 9. Vocational Rehabilitation. Consistent with the principle of equal

ATTY. CADIZ BLOCK A2015

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

ATTY. CADIZ BLOCK A2015

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)

LABOR LAW 1 COMPILED SPECIAL LAWS (MIDTERMS)