Republic Act No.

9710 August 14, 2009

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

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

assembled::

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

Section 2. Declaration of Policy. - Recognizing that the economic, political, and sociocultural
realities affect women's current condition, the State affirms the role of women in nation building and
ensures the substantive equality of women and men. It shall promote empowerment of women and
pursue equal opportunities for women and men and ensure equal access to resources and to
development results and outcome. Further, the State realizes that equality of men and women
entails the abolition of the unequal structures and practices that perpetuate discrimination and
inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures,
and mechanisms to address discrimination and inequality in the economic, political, social, and
cultural life of women and men.

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

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

The State, in ensuring the full integration of women's concerns in the mainstream of development,
shall provide ample opportunities to enhance and develop their skills, acquire productive
employment and contribute to their families and communities to the fullest of their capabilities.

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

Section 3. Principles of Human Rights of Women. - Human rights are universal and inalienable.
All people in the world are entitled to them. The universality of human rights is encompassed in the
words of Article 1 of the Universal Declaration of Human Rights, which states that all human beings
are free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent to the dignity of every human being whether
they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly
or in part, upon the fulfillment of others.

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

All people have the right to participate in and access information relating to the decision- making
processes that affect their lives and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young people, indigenous peoples,
and other identified groups.

States and other duty-bearers are answerable for the observance of human rights. They have to
comply with the legal norms and standards enshrined in international human rights instruments in
accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are
entitled to institute proceedings for appropriate redress before a competent court or other adjudicator
in accordance with the rules and procedures provided by law.

CHAPTER II
DEFINITION OF TERMS

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

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

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

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

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

It includes any act or omission, including by law; policy, administrative measure, or practice,
that directly or indirectly excludes or restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against women if it fails to

provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the recognition
and protection of their rights and in their access to and enjoyment of opportunities, benefits,
or privileges; or women, more than men, are shown to have suffered the greater adverse
effects of those measures or practices.

Provided, finally, That discrimination compounded by or intersecting with other grounds,

status, or condition, such as ethnicity, age, poverty, or religion shall be considered
discrimination against women under this Act.
(c) "Marginalization" refers to a condition where a whole category of people is excluded from
useful and meaningful participation in political, economic, social, and cultural life.

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

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

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

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

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

(3) "Urban Poor" refers to those residing in urban and urbanizable slum or blighted
areas, with or without the benefit of security of abode, where the income of the head
of the family cannot afford in a sustained manner to provide for the family's basic
needs of food, health, education, housing, and other essentials in life;

(4) "Workers in the Formal Economy" refers to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions, and
instrumentalities, all government- owned and -controlled corporations and
institutions, as well as nonprofit private institutions or organizations;

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

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

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

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

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

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

(9) "Children" refers to those who are below eighteen (18) years of age or over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition;

(10) "Senior Citizens" refers to those sixty (60) years of age and above;

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

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

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

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

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

(h) "Gender and Development (GAD)" refers to the development perspective and process
that are participatory and empowering, equitable, sustainable, free from violence, respectful
of human rights, supportive of self-determination and actualization of human potentials. It
seeks to achieve gender equality as a fundamental value that should be reflected in
development choices; seeks to transform society's social, economic, and political structures
and questions the validity of the gender roles they ascribed to women and men; contends
that women are active agents of development and not just passive recipients of development
assistance; and stresses the need of women to organize themselves and participate in
political processes to strengthen their legal rights.

(i) "Gender Mainstreaming" refers to the strategy for making women's as well as men's
concerns and experiences an integral dimension of the design, implementation, monitoring,
and evaluation of policies and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels.

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

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

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

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

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

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

State, wherever it occurs.

It also includes acts of violence against women as defused in Republic Acts No. 9208 and
9262.

(l) "Women in the Military" refers to women employed in the military, both in the major and
technical services, who are performing combat and/or noncombat functions, providing
security to the State, and protecting the people from various forms of threat. It also includes
women trainees in all military training institutions.

(m) "Social Protection" refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women, especially the
marginalized by promoting and protecting livelihood and employment, protecting against
hazards and sudden loss of income, and improving people's capacity to manage risk. Its
components are labor market programs, social insurance, social welfare, and social safety
nets.
 CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

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

Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer, shall:

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

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

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

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

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

The State shall keep abreast with and be guided by progressive developments in human rights of
women under international law and design of policies, laws, and other measures to promote the
objectives of this Act.

Section 6. Duties of the State Agencies and Instrumentalities. - These duties of the State shall
extend to all state agencies, offices, and instrumentalities at all levels and government-owned and -
controlled corporations, subject to the Constitution and pertinent laws, policies, or administrative
guidelines that define specific duties of state agencies and entities concerned.

Section 7. Suppletory Effect. - This chapter shall be deemed integrated into and be suppletory to
other provisions of this Act, particularly those that guarantee specific rights to women and define
specific roles and require specific conduct of state organs.

CHAPTER IV
RIGHTS AND EMPOWERMENT

Section 8. Human Rights of Women. - All rights in the Constitution and those rights recognized
under international instruments duly signed and ratified by the Philippines, in consonance with
Philippine law, shall be rights of women under this Act to be enjoyed without discrimination.

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

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

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

(c) All government personnel involved in the protection and defense of women against gender-based
violence shall undergo a mandatory training on human rights and gender sensitivity pursuant to this
Act.

(d) All local government units shall establish a Violence Against Women's Desk in every barangay to
ensure that violence against women cases are fully addressed in a gender-responsive manner.

Section 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. - Women
have the right to protection and security in times of disasters, calamities, and other crisis situations
especially in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall
provide for immediate humanitarian assistance, allocation of resources, and early resettlement, if
necessary. It shall also address the particular needs of women from a gender perspective to ensure
their full protection from sexual exploitation and other sexual and gender- based violence committed
against them. Responses to disaster situations shall include the provision of services, such as
psychosocial support, livelihood support, education, psychological health, and comprehensive health
services, including protection during pregnancy.

Section 11. Participation and Representation. - The State shall undertake temporary special
measures to accelerate the participation and equitable representation of women in all spheres of
society particularly in the decision-making and policy-making processes in government and private
entities to fully realize their role as agents and beneficiaries of development.

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

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

(b) Development Councils and Planning Bodies. - To ensure the participation of women in all
levels of development planning and program implementation, at least forty percent (40%) of
membership of all development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;

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

(e) Integration of Women in Political Parties. - The State shall provide incentives to political
parties with women's agenda. It shall likewise encourage the integration of women in their
leadership hierarchy, internal policy-making structures, appointive, and electoral nominating
processes; and

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

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

Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and
Training. - (a) The State shall ensure that gender stereotypes and images in educational materials
and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at
all times. Capacity-building on gender and development (GAD), peace and human rights, education
for teachers, and all those involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector, including the private sector,
churches, and faith groups shall be encouraged.

(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be
encouraged.

(c) Expulsion and non-readmission of women faculty due to pregnant;- outside of marriage shall be
outlawed. No school shall turn out or refuse admission to a female student solely on the account of
her having contracted pregnancy outside of marriage during her term in school.

Section 14. Women in Sports. - The State shall develop, establish, and strengthen programs for
the participation of women and girl-children in competitive and noncompetitive sports as a means to
achieve excellence, promote physical and social well-being, eliminate gender-role stereotyping, and
provide equal access to the full benefits of development for all persons regardless of sex, gender
identity, and other similar factors.

For this purpose, all sports-related organizations shall create guidelines that will establish and
integrate affirmative action as a strategy and gender equality as a framework in planning and
implementing their policies, budgets, programs, and activities relating to the participation of women
and girls in sports.

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

No sports event or tournament will offer or award a different sports prize, with respect to its amount
or value, to women and men winners in the same sports category: Provided, That the said
tournament, contest, race, match, event, or game is open to both sexes: Provided, further, That the
sports event or tournament is divided into male or female divisions.

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

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

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

Women in the military, police, and other similar services shall be provided with the same right to
employment as men on equal conditions. Equally, they shall be accorded the same capacity as men
to act in and enter into contracts, including marriage.

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

Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. -
The State shall formulate policies and programs for the advancement of women in collaboration with
government and nongovernment media-related organizations. It shall likewise endeavor to raise the
consciousness of the general public in recognizing the dignity of women and the role and
contribution of women in the family; community, and the society through the strategic use of mass
media.

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

The State, in cooperation with all schools of journalism, information, and communication, as well as
the national media federations and associations, shall require all media organizations and
corporations to integrate into their human resource development components regular training on
gender equality and gender-based discrimination, create and use gender equality guidelines in all
aspects of management, training, production, information, dissemination, communication, and
programming; and convene a gender equality committee that will promote gender mainstreaming as
a framework and affirmative action as a strategy, and monitor and evaluate the implementation of
gender equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at
all times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and
programs covering all stages of a woman's life cycle and which addresses the major causes of
women's mortality and morbidity: Provided, That in the provision for comprehensive health services,
due respect shall be accorded to women's religious convictions, the rights of the spouses to found a
family in accordance with their religious convictions, and the demands of responsible parenthood,
and the right of women to protection from hazardous drugs, devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address pregnancy and infant
health and nutrition;

(2) Promotion of breastfeeding;

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

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

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

transmitted diseases, HIV, and AIDS;

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

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

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

(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical
norms and medical standards;

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

(11) Management, treatment, and intervention of mental health problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted through programs and
projects as strategies in the prevention of diseases.

(b) Comprehensive Health Information and Education. - The State shall provide women in all sectors
with appropriate, timely, complete, and accurate information and education on all the above-stated
aspects of women's health in government education and training programs, with due regard to the
following:

(1) The natural and primary right and duty of parents in the rearing of the youth and the
development of moral character and the right of children to be brought up in an atmosphere
of morality and rectitude for the enrichment and strengthening of character;
 (2) The formation of a person's sexuality that affirms human dignity; and

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

Section 18. Special Leave Benefits for Women. - A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.

Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The State
shall take all appropriate measures to eliminate discrimination against women in all matters relating
to marriage and family relations and shall ensure:

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

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

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

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

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

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

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

Customary laws shall be respected: Provided, however, That they do not discriminate against
women.

CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS

Women in marginalized sectors are hereby guaranteed all civil, political, social, and economic rights
recognized, promoted, and protected under existing laws including, but not limited to, the Indigenous
Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive Agrarian Reform
Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act,
and the Social Reform and Poverty Alleviation Act.
Section 20. Food Security and Productive Resources. - The State recognizes the contribution of
women to food production and shall ensure its sustainability and sufficiency with the active
participation of women. Towards this end, the State shall guarantee, at all times, the availability in
the market of safe and health-giving food to satisfy the dietary needs of the population, giving
particular attention to the specific needs of poor girl-children and marginalized women, especially
pregnant and lactating mothers and their young children. To further address this, the State shall
ensure:

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

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

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

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

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

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

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

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

(7) Equal status shall be given to women and men in the issuance of stewardship or
lease agreements and other fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same manner, women's
organizations shall be given equal treatment as with other marginalized fishers
organizations in the issuance of stewardship or lease agreements or other fishery
rights for the use and management of such coastal and aquatic resources which may
include providing support to women-engaged coastal resources;
 (8) There shall be no discrimination against women in the deputization of fish
wardens;

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

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

(10) Access to small farmer-based and controlled seeds production and distribution
shall be ensured and protected;

(11) Indigenous practices of women in seed storage and cultivation shall be

recognized, encouraged, and protected;

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

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

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

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

(14) Provide economic opportunities for the indigenous women. particularly access to
market for their produce.

In the enforcement of the foregoing, the requirements of law shall be observed at all times.

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

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

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

(b) The State shall further ensure:

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

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

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

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

Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shall ensure that
women are provided with the following:

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

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

(c) Employment opportunities for returning women migrant workers taking into account their
skills and qualifications. Corollarily, the State shall also promote skills and entrepreneurship
development of returning women migrant workers.

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

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

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fitness, especially to those
interested in research and development aimed towards women-friendly farm technology.

Section 25. Right to Representation and Participation. - The State shall ensure women's
participation in policy-making or decision-making bodies in the regional, national, and international
levels. It shall also ensure the participation of grassroots women leaders in decision and policy-
making bodies in their respective sectors including, but not limited to, the Presidential Agrarian
Reform Council (PARC) and its local counterparts; community-based resource management bodies
or mechanisms on forest management and stewardship; the National Fisheries and Aquatic
Resources Management Council (NFARMC) and its local counterparts; the National Commission on
Indigenous Peoples; the Presidential Commission for the Urban Poor; the National Anti-Poverty
Commission; and, where applicable, the local housing boards.

Section 26. Right to Information. - Access to information regarding policies on women, including
programs, projects, and funding outlays that affect them, shall be ensured.

Section 27. Social Protection. -

(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall support indigenous and community-based social protection schemes.
 (b) The State shall institute policies and programs that seek to reduce the poverty and
vulnerability to risks and enhance the social status and rights of the marginalized women by
promoting and protecting livelihood and employment, protecting against hazards and
sudden; loss of income, and improving people's capacity to manage risks.

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

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

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

Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State shall
recognize and respect the rights of Moro and indigenous women to practice, promote, protect, and
preserve their own culture, traditions, and institutions and to consider these rights in the formulation
and implementation of national policies and programs. To this end, the State shall adopt measures
in consultation with the sectors concerned to protect their rights to their indigenous knowledge
systems and practices, traditional livelihood, and other manifestations of their cultures and ways of
life: Provided, That these cultural systems and practices are not discriminatory to women.

Section 29. Peace and Development. - The peace process shall be pursued with the following
considerations:

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

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

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

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

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

(e) The recognition and support for women's role in conflict-prevention, management,
resolution and peacemaking, and in indigenous systems of conflict resolution.

Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in
Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and
physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention,
victims and survivors of rape and incest, and such other related circumstances which have
incapacitated them functionally. Local government units are therefore mandated to deliver the
necessary services and interventions to WEDC under their respective jurisdictions.
Section 31. Services and Interventions. - WEDC shall be provided with services and interventions
as necessary such as, but not limited to, the following:

(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(d) Counseling;

(e) Psychiatric evaluation;

(f) Legal services;

(g) Productivity skills capability building;

(h) Livelihood assistance;

(i) Job placement;

(j) Financial assistance: and

(k) Transportation assistance.

Section 32. Protection of Girl-Children. - (a) The State shall pursue measures to eliminate all
forms of discrimination against girl-children in education, health and nutrition, and skills
development.

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

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

(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and
schools of living culture and traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the
month of Ramadan, choice of clothing (including the wearing of hijab), and availability of halal food
shall be ensured.

Section 33. Protection of Senior Citizens. - The State shall protect women senior citizens from
neglect, abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end,
the State shall ensure special protective mechanisms and support services against violence, sexual
abuse, exploitation, and discrimination of older women.

Section 34. Women are entitled to the recognition and protection of their rights defined and
guaranteed under this Act including their right to nondiscrimination.
Section 35. Discrimination Against Women is Prohibited. - Public and private entities and
individuals found to have committed discrimination against women shall be subject to the sanctions
provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under
pertinent laws and regulations.

CHAPTER VI
INSTITUTIONAL MECHANISMS

Section 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of
Women. - Within a period prescribed in the implementing rules and regulations, the National
Commission on the Role of Filipino Women (NCRFW) shall assess its gender mainstreaming
program for consistency with the standards under this Act. It shall modify the program accordingly to
ensure that it will be an effective strategy for implementing this Act and attaining its objectives.

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

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

Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and
Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to GAD, government agencies receiving official development
assistance should ensure the allocation and proper utilization of such funds to gender-
responsive programs that complement the government GAD funds and annually report
accomplishments thereof to the National Economic and Development Authority (NEDA) and
the Philippine Commission on Women (PCW).

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

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

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

Where needed, temporary gender equity measures shall be provided for in the plans of all
departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and other
government instrumentalities.

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

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

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

Plan and Medium-Term Philippine Investment Plan;

(2) Annual plans of all departments, including their attached agencies, offices,
bureaus, state universities and colleges, and government-owned and -controlled
corporations; and

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

development plan (CDP), comprehensive land use plan (CLUP), provincial
development and physical framework plan (PDPFP), and annual investment plan.

(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including
their attached agencies, offices, bureaus, state universities and colleges, government-
owned and -controlled corporations, local government units, and other government
instrumentalities shall establish or strengthen their GAD Focal Point System or similar GAD
mechanism to catalyze and accelerate gender mainstreaming within the agency or local
government unit.

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

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

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

Section 37. Gender Focal Point Officer in Philippine Embassies and Consulates. - An officer
duly trained on GAD shall be designated as the gender focal point in the consular section of
Philippine embassies or consulates. Said officer shall be primarily responsible in handling gender
concerns of women migrant workers. Attached agencies shall cooperate in strengthening the
Philippine foreign posts' programs for the delivery of services to women migrant workers.
Section 38. National Commission on the Role of Filipino Women (NCRFW). - The National
Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine
Commission on Women (PCW), the primary policymaking and coordinating body of the women and
gender equality concerns under the Office of the President. The PCW shall be the overall monitoring
body and oversight to ensure the implementation of this Act. In doing so, the PCW may direct any
government agency and instrumentality, as may be necessary, to report on the implementation of
this Act and for them to immediately respond to the problems brought to their attention in relation to
this Act. The PCW shall also lead in ensuring that government agencies are capacitated on the
effective implementation of this Act. The chairperson shall likewise report to the President in Cabinet
meetings on the implementation of this Act.

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

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

Section 39. Commission on Human Rights (CHR). - The Commission, acting as the Gender and
Development Ombud, consistent with its mandate, shall undertake measures such as the following:

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

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

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

(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments
that violate the provisions of this Act; and

(e) Recommend to the President of the Philippines or the Civil Service Commission any
possible administrative action based on noncompliance or failure to implement the provisions
of this Act.

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

Section 41. Penalties. - Upon finding of the CHR that a department, agency, or instrumentality of
government, government-owned and -controlled corporation, or local government unit has violated
any provision of this Act and its implementing rules and regulations, the sanctions under
administrative law, civil service, or other appropriate laws shall be recommended to the Civil Service
Commission and/or the Department of the Interior and Local Government. The person directly
responsible for the violation as well as the head of the agency or local chief executive shall be held
liable under this Act.

If the violation is committed by a private entity or individual, the person directly responsible for the
violation shall be liable to pay damages.

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

Section 42. Incentives and Awards. - There shall be established an incentives and awards system
which shall be administered by a board under such rules and regulations as may be promulgated by
the PCW to deserving entities, government agencies, and local government units for their
outstanding performance in upholding the rights of women and effective implementation of gender-
responsive programs.

Section 43. Funding. - The initial funding requirements for the implementation of this Act shall be
charged against the current appropriations of the agencies concerned. Thereafter, such sums as
may be necessary for the implementation of this Act shall be included in the agencies' yearly
budgets under the General Appropriations Act.

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

Section 44. Implementing Rules and Regulations. - As the lead agency, the PCW shall, in
coordination with the Commission on Human Rights and all concerned government departments and
agencies including, as observers, both Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on Women and Gender Equality (House
of Representatives) and with the participation of representatives from nongovernment organizations
(NGOs) and civil society groups with proven track record of involvement and promotion of the rights
and welfare of Filipino women and girls identified by the PCW, formulate the implementing rules and
regulations (IRR) of this Act within one hundred eighty (180) days after its effectivity.

Section 45. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
Section 46. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of
this Act is hereby repealed, modified, or amended accordingly.

Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Republic Act No. 8282 May 01, 1997

AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY

AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE
KNOWN AS THE SOCIAL SECURITY LAW

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

assembled::

Section 1. Republic Act No. 1161, as amended, otherwise known as the "Social Security Law", is
hereby further amended to read as follows:

"SECTION 1. Short Title. - This Act shall be known as the "AN

ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY
AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED,
OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW."

"SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to establish,
develop, promote and perfect a sound and viable tax-exempt social security service suitable
to the needs of the people throughout the Philippines which shall promote social justice and
provide meaningful protection to members and their beneficiaries against the hazards of
disability, sickness, maternity, old age, death, and other contingencies resulting in loss of
income or financial burden. Towards this end, the State shall endeavor to extend social
security protection to workers and their beneficiaries.

"SEC. 3. Social Security System. - (a) To carry out the purposes of this Act, the Social
Security System, hereinafter referred to as 'SSS', a corporate body, with principal place of
business in Metro Manila, Philippines is hereby created. The SSS shall be directed and
controlled by a Social Security Commission, hereinafter referred to as 'Commission',
composed of the Secretary of Labor and Employment or his duly designated undersecretary,
the SSS president and seven (7) appointive members, three (3) of whom shall represent the
workers' group, at least one of whom shall be a woman; three (3), the employers' group, at
least one (1) of whom shall be a woman; and one (1), the general public whose
representative shall have adequate knowledge and experience regarding social security, to
be appointed by the President of the Philippines. The six (6) members representing workers
and employers shall be chosen from among the nominees of workers' and employers'
organizations, respectively. The Chairman of the Commission shall be designated by the
President of the Philippines from among its members. The term of the appointive members
shall be three (3) years: Provided, That the terms of the first six (6) appointive members shall
be one (1), two (2) and three (3) years for every two members,
respectively: Provided, further, That they shall continue to hold office until their successors
shall have been appointed and duly qualified. All vacancies, prior to the expiration of the
term, shall be filled for the unexpired term only. The appointive members of the Commission
shall receive at least two thousand five hundred pesos (P2,500.00) per diem for each
meeting actually attended by them but not to exceed Ten thousand pesos (P10,000.00) a
month:: Provided, That members of the Commission shall also receive a per diem of at least
Two thousand five hundred pesos (P2,500.00) but not to exceed Fifteen thousand pesos
(P15,000.00) a month: Provided , further, That said members of the Commission shall also
receive reasonable transportation and representation allowances as may be fixed by the
Commission, but not to exceed Ten thousand pesos (P10,000.00) a month.

"(b) The general conduct of the operations and management functions of the SSS shall be
vested in the SSS President who shall serve as the chief executive officer immediately
responsible for carrying out the program of the SSS and the policies of the Commission. The
SSS President shall be a person who has had previous experience in the technical and
administrative fields related to the purposes of this Act. He shall be appointed by the
President of the Philippines and shall receive salary to be fixed by the Commission with the
approval of the President of the Philippines, payable from the funds of the SSS.

"(c) The Commission, upon the recommendation of the SSS President, shall appoint an
actuary, and such other personnel as may be deemed necessary, fix their reasonable
compensation, allowances and other benefits, prescribe their duties and establish such
methods and procedures as may be necessary to insure the efficient, honest and economical
administration of the provisions and purposes of this Act: Provided, however, That the
personnel of the SSS below the rank of Vice-President shall be appointed by the SSS
President: Provided, further, That the personnel appointed by the SSS President, except
those below the rank of assistant manager, shall be subject to the confirmation by the
Commission: Provided, further, That the personnel of the SSS shall be selected only from
civil service eligibles and be subject to civil service rules and regulations: Provided, finally,
That the SSS shall be exempt from the provisions of Republic Act No. 6758 and Republic Act
No. 7430.

"SEC. 4. Powers and Duties of the Commission and SSS. - (a) The Commission. - For the
attainment of its main objectives as set forth in Section 2 hereof, the Commission shall have
the following powers and duties:

"(1) To adopt, amend and rescind, subject to the approval of the President of the
Philippines, such rules and regulations as may be necessary to carry out the
provisions and purposes of this Act;

"(2) To establish a provident fund for the members which will consist of voluntary
contributions of employers and/or employees, self-employed and voluntary members
and their earnings, for the payment of benefits to such members or their
beneficiaries, subject to such rules and regulations as it may promulgate and
approved by the President of the Philippines;

"(3) To maintain a provident fund which consists of contributions made by both the
SSS and its officials and employees and their earnings, for the payment of benefits to
such officials and employees or their heirs under such terms and conditions as it may
prescribe;

"(4) To approve restructuring proposals for the payment of due but unremitted
contributions and unpaid loan amortizations under such terms and conditions as it
may prescribe;

"(5) To authorize cooperatives registered with the cooperative development authority

or associations registered with the appropriate government agency to act as
 collecting agents of the SSS with respect to their members: Provided, That the SSS
shall accredit the cooperative or association: Provided, further, That the persons
authorized to collect are bonded;

"(6) To compromise or release, in whole or in part, any interest, penalty or any civil
liability to SSS in connection with the investments authorized under Section 26
hereof, under such terms and conditions as it may prescribe and approved by the
President of the Philippines; and

"(7) To approve, confirm, pass upon or review any and all actions of the SSS in the
proper and necessary exercise of its powers and duties hereinafter enumerated.

"(b) The Social Security System. - Subject to the provision of Section four (4), paragraph
seven (7) hereof, the SSS shall have the following powers and duties:

"(1) To submit annually not later than April 30, a public report to the President of the
Philippines and to the Congress of the Philippines covering its activities in the
administration and enforcement of this Act during the preceding year including
information and recommendations on broad policies for the development and
perfection of the program of the SSS;

"(2) To require the actuary to submit a valuation report on the SSS benefit program
every four (4) years, or more frequently as may be necessary, to undertake the
necessary actuarial studies and calculations concerning increases in benefits taking
into account inflation and the financial stability of the SSS, and to provide for feasible
increases in benefits every four (4) years, including the addition of new ones, under
such rules and regulations as the Commission may adopt, subject to the approval of
the President of the Philippines: Provided, That the actuarial soundness of the
reserve fund shall be guaranteed: Provided, further, That such increases in benefits
shall not require any increase in the rate of contribution;

"(3) To establish offices of the SSS to cover as many provinces, cities and
congressional districts, whenever and wherever it may be expedient, necessary and
feasible, and to inspect or cause to be inspected periodically such offices;

"(4) To enter into agreements or contracts for such service and aid, as may be
needed for the proper, efficient and stable administration of the SSS;

"(5) To adopt, from time to time, a budget of expenditures including salaries of

personnel, against all funds available to the SSS under this Act;

"(6) To set up its accounting system and provide the necessary personnel therefor;

"(7) To require reports, compilations and analyses of statistical and economic data
and to make investigation as may be needed for the proper administration and
development of the SSS;

"(8) To acquire and dispose of property, real or personal, which may be necessary or
expedient for the attainment of the purposes of this Act;
 "(9) To acquire, receive, or hold, by way of purchase, expropriation or otherwise,
public or private property for the purpose of undertaking housing projects preferably
for the benefit of low-income members and for the maintenance of hospitals and
institutions for the sick, aged and disabled, as well as schools for the members and
their immediate families;

"(10) To sue and be sued in court; and

"(11) To perform such other corporate acts as it may deem appropriate for the proper
enforcement of this Act.

"SEC. 5. Settlement of Disputes. - (a) Any dispute arising under this Act with respect to
coverage, benefits, contributions and penalties thereon or any other matter related thereto,
shall be cognizable by the Commission, and any case filed with respect thereto shall be
heard by the Commission, or any of its members, or by hearing officers duly authorized by
the Commission and decided within twenty (20) days after the submission of the evidence.
The filing, determination and settlement of disputes shall be governed by the rules and
regulations promulgated by the Commission.

"(b) Appeal to Courts. - Any decision of the Commission, in the absence of an appeal
therefrom as herein Provided, shall become final and executory fifteen (15) days after the
date of notification, and judicial review thereof shall be permitted only after any party claiming
to be aggrieved thereby has exhausted his remedies before the Commission. The
Commission shall be deemed to be a party to any judicial action involving any such decision,
and may be represented by an attorney employed by the Commission, or when requested by
the Commission, by the Solicitor General or any public prosecutors.

"(c) Court Review. - The decision of the Commission upon any disputed matter may be
reviewed both upon the law and the facts by the Court of Appeals. For the purpose of such
review, the procedure concerning appeals from the Regional Trial Court shall be followed as
far as practicable and consistent with the purposes of this Act. Appeal from a decision of the
Commission must be taken within fifteen (15) days from notification of such decision. If the
decision of the Commission involves only questions of law, the same shall be reviewed by
the Supreme Court. No appeal bond shall be required. The case shall be heard in a
summary manner, and shall take precedence over all cases, except that in the Supreme
Court, criminal cases wherein life imprisonment or death has been imposed by the trial court
shall take precedence. No appeal shall act as a supersedeas or a stay of the order of the
Commission unless the Commission itself, or the Court of Appeals or the Supreme Court,
shall so order.

"(d) Execution of Decisions. - The Commission may, motu proprio or on motion of any
interested party, issue a writ of execution to enforce any of its decisions or awards, after it
has become final and executory, in the same manner as the decision of the Regional Trial
Court by directing the city or provincial sheriff or the sheriff whom it may appoint to enforce
such final decision or execute such writ; and any person who shall fail or refuse to comply
with such decision, award or writ, after being required to do so shall, upon application by the
Commission pursuant to Rule 71 of the Rules of Court, be punished for contempt.

"SEC. 6. Auditor and Counsel. - (a) The Chairman of the Commission on Audit shall be the
ex-officio Auditor of the SSS. He or his representative shall check and audit all the accounts,
funds and properties of the SSS in the same manner and as frequently as the accounts,
funds and properties of the government are checked and audited under existing laws, and he
shall have, as far as practicable, the same powers and duties as he has with respect to the
checking and auditing of public accounts, funds and properties in general.

"(b) The Secretary of Justice shall be the ex-officio counsel of the SSS. He or his
representative shall act as legal adviser and counsel thereof.

"SEC. 7. Oaths, Witnesses, and Production of Records. - When authorized by the

Commission, an official or employee thereof shall have the power to administer oath and
affirmation, take depositions, certify to official acts, and issue subpoena and subpoena duces
tecum to compel the attendance of witnesses and the production of books, papers,
correspondence and other records deemed necessary as evidence in connection with any
question arising under this Act. Any case of contumacy shall be dealt with by the
Commission in accordance with law.

"SEC. 8. Terms Defined. - For purposes of this Act, the following terms shall, unless the
context indicates otherwise, have the following meanings:

"(a) SSS - The Social Security System created by this Act.

"(b) Commission - The Social Security Commission as herein created.

"(c) Employer- Any person, natural or juridical, domestic or foreign, who carries on in the
Philippines any trade, business, industry, undertaking, or activity of any kind and uses the
services of another person who is under his orders as regards the employment, except the
Government and any of its political subdivisions, branches or instrumentalities, including
corporations owned or controlled by the Government: Provided, That a self-employed person
shall be both employee and employer at the same time.

"(d) Employee - Any person who performs services for an employer in which either or both
mental or physical efforts are used and who receives compensation for such services, where
there is an employer-employee relationship: Provided, That a self-employed person shall be
both employee and employer at the same time.

"(e) Dependents - The dependents shall be the following:

"(1) The legal spouse entitled by law to receive support from the member;

"(2) The legitimate, legitimated or legally adopted, and illegitimate child who is
unmarried, not gainfully employed, and has not reached twenty-one (21) years of
age, or if over twenty-one (21) years of age, he is congenitally or while still a minor
has been permanently incapacitated and incapable of self-support, physically or
mentally; and

"(3) The parent who is receiving regular support from the member.

"(f) Compensation - All actual remuneration for employment, including the mandated cost-of-
living allowance, as well as the cash value of any remuneration paid in any medium other
than cash except that part of the remuneration in excess of the maximum salary credit
as Provided under Section Eighteen of this Act.
"(g) Monthly salary credit - The compensation base for contributions and benefits as
indicated in the schedule in Section Eighteen of this Act.

"(h) Monthly - The period from one end of the last payroll period of the preceding month to
the end of the last payroll period of the current month if compensation is on hourly, daily or
weekly basis; if on any other basis, 'monthly' shall mean a period of one (1) month.

"(i) Contribution - The amount paid to the SSS by and on behalf of the members in
accordance with Section Eighteen of this Act.

"(j) Employment - Any service performed by an employee for his employer except:

"(1) Employment purely casual and not for the purpose of occupation or business of
the employer;

"(2) Service performed on or in connection with an alien vessel by an employee if he

is employed when such vessel is outside the Philippines;

"(3) Service performed in the employ of the Philippine Government or instrumentality

or agency thereof;

"(4) Service performed in the employ of a foreign government or international

organization, or their wholly-owned instrumentality: Provided, however, That this
exemption notwithstanding, any foreign government, international organization or
their wholly-owned instrumentality employing workers in the Philippines or employing
Filipinos outside of the Philippines, may enter into an agreement with the Philippine
Government for the inclusion of such employees in the SSS except those already
covered by their respective civil service retirement systems: Provided, further, That
the terms of such agreement shall conform with the provisions of this Act on
coverage and amount of payment of contributions and benefits: Provided, finally,
That the provisions of this Act shall be supplementary to any such agreement; and

"(5) Such other services performed by temporary and other employees which may be
excluded by regulation of the Commission. Employees of bona fide independent
contractors shall not be deemed employees of the employer engaging the service of
said contractors.

"(k) Beneficiaries - The dependent spouse until he or she remarries, the dependent
legitimate, legitimated or legally adopted, and illegitimate children, who shall be the primary
beneficiaries of the member: Provided, That the dependent illegitimate children shall be
entitled to fifty percent (50%) of the share of the legitimate, legitimated or legally adopted
children: Provided, further, That in the absence of the dependent legitimate, legitimated
children of the member, his/her dependent illegitimate children shall be entitled to one
hundred percent (100%) of the benefits. In their absence, the dependent parents who shall
be the secondary beneficiaries of the member. In the absence of all the foregoing, any other
person designated by the member as his/her secondary beneficiary.

"(l) Contingency - The retirement, death, disability, injury or sickness and maternity of the
member.
"(m) Average monthly salary credit - The result obtained by dividing the sum of the last sixty
(60) monthly salary credits immediately preceding the semester of contingency by sixty (60),
or the result obtained by dividing the sum of all the monthly salary credits paid prior to the
semester of contingency by the number of monthly contributions paid in the same period,
whichever is greater: Provided, That the injury or sickness which caused the disability shall
be deemed as the permanent disability for the purpose of computing the average monthly
salary credit.

"(n) Average daily salary credit- The result obtained by dividing the sum of the six (6) highest
monthly salary credits in the twelve-month period immediately preceding the semester of
contingency by one hundred eighty (180).

"(o) Semester - A period of two (2) consecutive quarters ending in the quarter of
contingency.

"(p) Quarter - A period of three (3) consecutive calendar months ending on the last day of
March, June, September and December.

"(q) Credited years of service - For a member covered prior to January nineteen hundred
and eighty five (1985) minus the calendar year of coverage plus the number of calendar
years in which six (6) or more contributions have been paid from January nineteen hundred
and eighty five (1985) up to the calendar year containing the semester prior to the
contingency. For a member covered in or after January nineteen hundred and eighty five
(1985), the number of calendar years in which six (6) or more contributions have been paid
from the year of coverage up to the calendar year containing the semester prior to the
contingency: Provided, That the Commission may provide for a different number of
contributions in a calendar year for it to be considered as a credited year of service.

"(r) Member - The worker who is covered under Section Nine and Section Nine-A of this Act.

"(s) Self-employed - Any person whose income is not derived from employment, as defined
under this Act, as well as those workers enumerated in Section Nine-A hereof.

"(t) Net earnings - Net income before income taxes plus non-cash charges such as
depreciation and depletion appearing in the regular financial statement of the issuing or
assuming institution.

"(u) Fixed charges - Recurring expense such as amortization of debt discount or rentals for
leased properties, including interest on funded and unfunded debt.

"SEC. 9. Coverage. - (a) Coverage in the SSS shall be compulsory upon all employees not
over sixty (60) years of age and their employers: Provided, That in the case of domestic
helpers, their monthly income shall not be less than One thousand pesos (P1,000.00) a
month: Provided, further, That any benefit already earned by the employees under private
benefit plans existing at the time of the approval of this Act shall not be discontinued,
reduced or otherwise impaired: Provided, further, That private plans which are existing and in
force at the time of compulsory coverage shall be integrated with the plan of the SSS in such
a way where the employer's contribution to his private plan is more than that required of him
in this Act, he shall pay to the SSS only the contribution required of him and he shall
continue his contribution to such private plan less his contribution to the SSS so that the
employer's total contribution to his benefit plan and to the SSS shall be the same as his
contribution to his private benefit plan before the compulsory coverage: Provided, further,
That any changes, adjustments, modifications, eliminations or improvements in the benefits
to be available under the remaining private plan, which may be necessary to adopt by reason
of the reduced contributions thereto as a result of the integration, shall be subject to
agreements between the employers and employees concerned: Provided, further, That the
private benefit plan which the employer shall continue for his employees shall remain under
the employer's management and control unless there is an existing agreement to the
contrary: Provided, finally, That nothing in this Act shall be construed as a limitation on the
right of employers and employees to agree on and adopt benefits which are over and above
those Provided under this Act.

"(b) Spouses who devote full time to managing the household and family affairs, unless they
are also engaged in other vocation or employment which is subject to mandatory coverage,
may be covered by the SSS on a voluntary basis.

"(c) Filipinos recruited by foreign-based employers for employment abroad may be covered
by the SSS on a voluntary basis.

"SEC. 9-A. Compulsory Coverage of the Self-Employed. - Coverage in the SSS shall also be
compulsory upon such self-employed persons as may be determined by the Commission
under such rules and regulations as it may prescribe, including but not limited to the
following:

"1. All self-employed professionals;

"2. Partners and single proprietors of businesses;

"3. Actors and actresses, directors, scriptwriters and news correspondents who do
not fall within the definition of the term "employee" in Section 8 (d) of this Act;

"4. Professional athletes, coaches, trainers and jockeys; and

"5. Individual farmers and fishermen.

"Unless otherwise specified herein, all provisions of this Act applicable to covered employees
shall also be applicable to the covered self-employed persons.

"SEC. 10. Effective Date of Coverage. - Compulsory coverage of the employer shall take
effect on the first day of his operation and that of the employee on the day of his
employment: Provided, That the compulsory coverage of the self-employed person shall take
effect upon his registration with the SSS.

"SEC. 11. Effect of Separation from Employment. - When an employee under compulsory
coverage is separated from employment, his employer's contribution on his account and his
obligation to pay contributions arising from that employment shall cease at the end of the
month of separation, but said employee shall be credited with all contributions paid on his
behalf and entitled to benefits according to the provisions of this Act. He may, however,
continue to pay the total contributions to maintain his right to full benefit.

"SEC. 11-A. Effect of Interruption of Business or Professional Income. - If the self-employed

realizes no income in any given month, he shall not be required to pay contributions for that
month. He may, however, be allowed to continue paying contributions under the same rules
and regulations applicable to a separated employee member: Provided, That no retroactive
payment of contributions shall be allowed other than as prescribed under Section Twenty-
two-A hereof.

"SEC. 12. Monthly Pension. - (a) The monthly pension shall be the highest of the following
amounts:

"(1) The sum of the following:

"(i) Three hundred pesos (P300.00; plus

"(ii) Twenty percent (20%) of the average monthly salary credit; plus

"(iii) Two percent (2%) of the average monthly salary credit for each credited
year of service in excess of ten (10) years; or

"(2) Forth percent (40%) of the average monthly salary credit; or

"(3) One thousand pesos (P1,000.00): Provided, That the monthly pension shall in no
case be paid for an aggregate amount of less than sixty (60) months.

"(b) Notwithstanding the preceding paragraph, the minimum pension shall be One thousand
two hundred pesos (P1,200.00) for members with at least ten (10) credited years of service
and Two thousand four hundred pesos (P2,400.00) for those with twenty (20) credited years
of service.

"SEC. 12-A. Dependents' Pension. - Where monthly pension is payable on account of death,
permanent total disability or retirement, dependents' pension equivalent to ten percent (10%)
of the monthly pension or Two hundred fifty pesos (P250.00), whichever is higher, shall also
be paid for each dependent child conceived on or before the date of the contingency but not
exceeding five (5), beginning with the youngest and without substitution: Provided, That
where there are legitimate or illegitimate children, the former shall be preferred.

SEC. 12-B. Retirement Benefits. - (a) A member who has paid at least one hundred twenty
(120) monthly contributions prior to the semester of retirement and who: (1) has reached the
age of sixty (60) years and is already separated from employment or has ceased to be self-
employed; or (2) has reached the age of sixty-five (65) years, shall be entitled for as long as
he lives to the monthly pension: Provided, That he shall have the option to receive his first
eighteen (18) monthly pensions in lump sum discounted at a preferential rate of interest to be
determined by the SSS.

"(b) A covered member who is sixty (60) years old at retirement and who does not qualify for
pension benefits under paragraph (a) above, shall be entitled to a lump sum benefit equal to
the total contributions paid by him and on his behalf: Provided, That he is separated from
employment and is not continuing payment of contributions to the SSS on his own.

"(c) The monthly pension shall be suspended upon the reemployment or resumption of self-
employment of a retired member who is less than sixty-five (65) years old. He shall again be
subject to Section Eighteen and his employer to Section Nineteen of this Act.
"(d) Upon the death of the retired member, his primary beneficiaries as of the date of his
retirement shall be entitled to receive the monthly pension: Provided, That if he has no
primary beneficiaries and he dies within sixty (60) months from the start of his monthly
pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the
total monthly pensions corresponding to the balance of the five-year guaranteed period,
excluding the dependents' pension.

"(e) The monthly pension of a member who retires after reaching age sixty (60) shall be the
higher of either: (1) the monthly pension computed at the earliest time he could have retired
had he been separated from employment or ceased to be self-employed plus all adjustments
thereto; or (2) the monthly pension computed at the time when he actually retires.

"SEC. 13. Death Benefits. - Upon the death of a member who has paid at least thirty-six (36)
monthly contributions prior to the semester of death, his primary beneficiaries shall be
entitled to the monthly pension: Provided, That if he has no primary beneficiaries, his
secondary beneficiaries shall be entitled to a lump sum benefit equivalent to thirty-six (36)
times the monthly pension. If he has not paid the required thirty-six (36) monthly
contributions, his primary or secondary beneficiaries shall be entitled to a lump sum benefit
equivalent to the monthly pension times the number of monthly contributions paid to the SSS
or twelve (12) times the monthly pension, whichever is higher.

"SEC. 13-A. Permanent Disability Benefits. - (a) Upon the permanent total disability of a
member who has paid at least thirty-six (36) monthly contributions prior to the semester of
disability, he shall be entitled to the monthly pension: Provided, That if he has not paid the
required thirty-six (36) monthly contributions, he shall be entitled to a lump sum benefit
equivalent to the monthly pension times the number of monthly contributions paid to the SSS
or twelve (12) times the monthly pension, whichever is higher. A member who (1) has
received a lump sum benefit; and (2) is reemployed or has resumed self-employment not
earlier than one (1) year from the date of his disability shall again be subject to compulsory
coverage and shall be considered a new member.

"(b) The monthly pension and dependents' pension shall be suspended upon the
reemployment or resumption of self-employment or the recovery of the disabled member
from his permanent total disability or his failure to present himself for examination at least
once a year upon notice by the SSS.

"(c) Upon the death of the permanent total disability pensioner, his primary beneficiaries as
of the date of disability shall be entitled to receive the monthly pension: Provided, That if he
has no primary beneficiaries and he dies within sixty (60) months from the start of his
monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit
equivalent to the total monthly pensions corresponding to the balance of the five-year
guaranteed period excluding the dependents' pension.

"(d) The following disabilities shall be deemed permanent total:

"1. Complete loss of sight of both eyes;

"2. Loss of two limbs at or above the ankle or wrists;

"3. Permanent complete paralysis of two limbs;

"4. Brain injury resulting to incurable imbecility or insanity; and

 "5. Such cases as determined and approved by the SSS.

"(e) If the disability is permanent partial, and such disability occurs before thirty-six (36)
monthly contributions have been paid prior to the semester of disability, the benefit shall be
such percentage of the lump sum benefit described in the preceding paragraph with due
regard to the degree of disability as the Commission may determine.

"(f) If the disability is permanent total and such disability occurs after thirty-six (36) monthly
contributions have been paid prior to the semester of disability, the benefit shall be the
monthly pension for permanent total disability payable not longer than the period designated
in the following schedule:

Complete and permanent Number of

loss of use of Months
One thumb 10
One index finger 8
One middle finger 6
One right finger 5
One little finger 3
One big toe 6
One hand 39
One arm 50
One foot 31
One leg 46
One ear 10
Both ears 20
Hearing of one ear 10
Hearing of both ears 50
Sight of one eye 25

"(g) The percentage degree of disability which is equivalent to the ratio that the designated
number of months of compensability bears to seventy-five (75), rounded to the next higher
integer, shall not be additive for distinct, separate and unrelated permanent partial
disabilities, but shall be additive for deteriorating and related permanent partial disabilities to
a maximum of one hundred percent (100%), in which case, the member shall be deemed as
permanently totally disabled.

"(h) In case of permanent partial disability, the monthly pension benefit shall be given in lump
sum if it is payable for less than twelve (12) months.

"(i) For the purpose of adjudicating retirement, death and permanent total disability pension
benefits, contributions shall be deemed paid for the months during which the member
received partial disability pension: Provided, That such contributions shall be based on his
last contribution prior to his disability.
"(j) Should a member who is on partial disability pension retire or die, his disability pension
shall cease upon his retirement or death.

"SEC. 13-B. Funeral Benefit. - A funeral grant equivalent to Twelve thousand pesos
(P12,000.00) shall be paid, in cash or in kind, to help defray the cost of funeral expenses
upon the death of a member, including permanently totally disabled member or retiree.

"SEC. 14. Sickness Benefit. - (a) A member who has paid at least three (3) monthly
contributions in the twelve-month period immediately preceding the semester of sickness or
injury and is confined therefor for more than three (3) days in a hospital or elsewhere with the
approval of the SSS, shall, for each day of compensable confinement or a fraction thereof,
be paid by his employer, or the SSS, if such person is unemployed or self-employed, a daily
sickness benefit equivalent to ninety percent (90%) of his average daily salary credit, subject
to the following conditions:

"(1) In no case shall the daily sickness benefit be paid longer than one hundred twenty (120)
days in one (1) calendar year, nor shall any unused portion of the one hundred twenty (120)
days of sickness benefit granted under this section be carried forward and added to the total
number of compensable days allowable in the subsequent year;

"(2) The daily sickness benefit shall not be paid for more than two hundred forty (240) days
on account of the same confinement; and

"(3) The employee member shall notify his employer of the fact of his sickness or injury
within five (5) calendar days after the start of his confinement unless such confinement is in a
hospital or the employee became sick or was injured while working or within the premises of
the employer in which case, notification to the employer is necessary: Provided, That if the
member is unemployed or self-employed, he shall directly notify the SSS of his confinement
within five (5) calendar days after the start thereof unless such confinement is in a hospital in
which case notification is also not necessary: Provided, further, That in cases where
notification is necessary, the confinement shall be deemed to have started not earlier than
the fifth day immediately preceding the date of notification.

"(b) The compensable confinement shall begin on the first day of sickness, and the payment
of such allowances shall be promptly made by the employer every regular payday or on the
fifteenth and last day of each month, and similarly in the case of direct payment by the SSS,
for as long as such allowances are due and payable: Provided, That such allowance shall
begin only after all sick leaves of absence with full pay to the credit of the employee member
shall have been exhausted.

"(c) One hundred percent (100%) of the daily benefits Provided in the preceding paragraph
shall be reimbursed by the SSS to said employer upon receipt of satisfactory proof of such
payment and legality thereof: Provided, That the employer has notified the SSS of the
confinement within five (5) calendar days after receipt of the notification from the employee
member: Provided, further, That if the notification to the SSS is made by the employer
beyond five (5) calendar days after receipt of the notification from the employee member,
said employer shall be reimbursed only for each day of confinement starting from the tenth
calendar day immediately preceding the date of notification to the SSS: Provided, finally,
That the SSS shall reimburse the employer or pay the unemployed member only for
confinement within the one-year period immediately preceding the date the claim for benefit
or reimbursement is received by the SSS, except confinement in a hospital in which case the
claim for benefit or reimbursement must be filed within one (1) year from the last day of
confinement.

"(d) Where the employee member has given the required notification but the employer fails
to notify the SSS of the confinement or to file the claim for reimbursement within the period
prescribed in this section resulting in the reduction of the benefit or denial of the claim, such
employer shall have no right to recover the corresponding daily allowance he advanced to
the employee member as required in this section.

"(e)The claim of reimbursement shall be adjudicated by the SSS within a period of two (2)
months from receipt thereof: Provided, That should no payment be received by the employer
within one (1) month after the period prescribed herein for adjudication, the reimbursement
shall thereafter earn simple interest of one percent (1%) per month until paid.

"(f) The provisions regarding the notification required of the member and the employer as
well as the period within which the claim for benefit or reimbursement may be filed shall
apply to all claims filed with the SSS.

"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3)
monthly contributions in the twelve-month period immediately preceding the semester of her
childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one hundred
percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78)
days in case of caesarian delivery, 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) The full payment shall be advanced by the employer within thirty (30) days from the filing
of the maternity leave application;

"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness
benefits Provided by this Act for the same period for which daily maternity benefits have
been received;

"(d) That the maternity benefits Provided under this section shall be paid only for the first four
(4) deliveries or miscarriages;

"(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%)
of the amount of maternity benefits advanced to the employee by the employer upon receipt
of satisfactory proof of such payment and legality thereof; and

"(f) That if an employee member should give birth or suffer miscarriage without the required
contributions having been remitted for her by her employer to the SSS, or without the latter
having been previously notified by the employer of the time of the pregnancy, the employer
shall pay to the SSS damages equivalent to the benefits which said employee member
would otherwise have been entitled to.

"SEC. 15. Non-Transferability of Benefits. - The SSS shall promptly pay the
benefits Provided in this Act to such persons as may be entitled thereto in accordance with
the provisions of this Act: Provided, That the SSS shall pay the retirement benefits on the
day of contingency to qualified members who have submitted the necessary documents at
least six (6) months before: Provided, further, That the beneficiary who is a national of a
foreign country which does not extend benefits to a Filipino beneficiary residing in the
Philippines, or which is not recognized by the Philippines, shall not be entitled to receive any
benefit under this Act: Provided, further, That notwithstanding the foregoing, where the best
interest of the SSS will be served, the Commission may direct payments without regard to
nationality or country of residence: Provided, further, That if the recipient is a minor or a
person incapable of administering his own affairs, the Commission shall appoint a
representative under such terms and conditions as it may deem proper: Provided, further,
That such appointment shall not be necessary in case the recipient is under the custody of or
living with the parents or spouse of the member in which case the benefits shall be paid to
such parents or spouse, as representative payee of the recipient. Such benefits are not
transferable and no power of attorney or other document executed by those entitled thereto
in favor of any agent, attorney or any other person for the collection thereof on their behalf
shall be recognized, except when they are physically unable to collect personally such
benefits: Provided, further, That in case of death benefits, if no beneficiary qualifies under
this Act, said benefits shall be paid to the legal heirs in accordance with the law of
succession.

"SEC. 16. Exemption from Tax, Legal Process and Lien. -- All laws to the contrary
notwithstanding, the SSS and all its assets and properties, all contributions collected and all
accruals thereto and income or investment earnings therefrom as well as all supplies,
equipment, papers or documents shall be exempt from any tax, assessment, fee, charge, or
customs or import duty; and all benefit payments made by the SSS shall likewise be exempt
from all kinds of taxes, fees or charges, and shall not liable to attachments, garnishments,
levy or seizure by or under any legal or equitable process whatsoever, either before or after
receipt by the person or persons entitled thereto, except to pay any debt of the member to
the SSS. No tax measure of whatever nature enacted shall apply to the SSS, unless it
expressly revokes the declared policy of the State in Section 2 hereof granting tax-exemption
to the SSS. Any tax assessment imposed against the SSS shall be null and void. (As
amended by Sec. 9, P.D. No. 24, S. 1972; and Sec. 14, P. D. No. 735, S. 1975).

"SEC. 17. Fee of Agents, Attorneys, Etc. - No agent, attorney or other person in charge of
the preparation, filing or pursuing any claim for benefit under this Act shall demand or charge
for his services any fee, and any stipulation to the contrary shall be null and void. The
retention or deduction of any amount from any benefit granted under this Act for the payment
of fees for such services is prohibited: Provided, however, That any member of the Philippine
Bar who appears as counsel in any case heard by the Commission shall be entitled to
attorneys' fees not exceeding ten percent (10%) of the benefits awarded by the Commission,
which fees shall not be payable before the actual payment of the benefits, and any
stipulation to the contrary shall be null and void.

"Any violation of the provisions of this Section shall be punished by a fine of not less than
Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or
imprisonment for not less than six (6) months nor more than one (1) year, or both, at the
discretion of the court.

"SEC. 18. Employee's Contributions. - (a) Beginning as of the last day of the calendar month
when an employee's compulsory coverage takes effect and every month thereafter during
his employment, the employer shall deduct and withhold from such employee's monthly
salary, wage, compensation or earnings, the employee's contribution in an amount
corresponding to his salary, wage, compensation or earnings during the month in
accordance with the following schedule:
 SALARY RANGE OF MONTHLY MONTHLY CONTRIBUTION
BRACKET COMPENSATION SALARY EMPLOYER EMPLOYEE TOTAL
CREDIT
I 1,000.00 - 1,249.99 1000 50.70 33.30 84.00
II 1,250.00 - 1,749.99 1500 76.00 50.00 126.00
III 1,750.00 - 2,249.99 2000 101.30 66.70 168.00
IV 2,250.00 - 2,749.99 2500 126.70 83.30 210.00
V 2,750.00 - 3,249.99 3000 152.00 100.00 252.00
VI 3,250.00 - 3,749.99 3500 177.30 116.70 294.00
VII 3,750.00 - 4,249.99 4000 202.70 133.30 336.00
VIII 4,250.00 - 4,749.99 4500 228.00 150.00 378.00
IX 4,750.00 - 5,249.99 5000 253.30 166.70 420.00
X 5,250.00 - 5,749.99 5500 278.70 183.70 462.40
XI 5,750.00 - 6,249.99 6000 304.00 200.00 504.00
XII 6,250.00 - 6,749.99 6500 329.30 216.78 546.00
XIII 6,750.00 - 7,249.99 7000 354.70 233.30 588.00
XIV 7,250.00 - 7,749.99 7500 380.00 250.00 630.00
XV 7,750.00 - 8.249.99 8000 403.30 266.70 672.00
XVI 8,250.00 - 8,749.99 8500 430.70 283.30 714.00
XVII 8,750.00 - OVER 9000 456.00 300.00 756.00

"The foregoing schedule of contribution shall also apply to self-employed and voluntary
members.

"The maximum monthly salary credit shall be Nine thousand pesos (P9,000.00) effective
January Nineteen hundred and ninety six (1996); Provided, That it shall be increased by One
thousand pesos (P1,000.00) every year thereafter until it shall have reached Twelve
thousand pesos (P12,000.00) by Nineteen hundred and ninety nine (1999): Provided, further,
That the minimum and maximum monthly salary credits as well as the rate of contributions
may be fixed from time to time by the Commission through rules and regulations taking into
consideration actuarial calculations and rate of benefits, subject to the approval of the
President of the Philippines.

"SEC. 19. Employer's Contributions. - (a) Beginning as of the last day of the month when an
employee's compulsory coverage takes effect and every month thereafter during his
employment, his employer shall pay, with respect to such covered employee, the employer's
contribution in accordance with the schedule indicated in Section Eighteen of this Act.
Notwithstanding any contract to the contrary, an employer shall not deduct, directly or
indirectly, from the compensation of his employees covered by the SSS or otherwise recover
from them the employer's contributions with respect to such employees.

"(b) The remittance of such contributions by the employer shall be supported by a quarterly
collection list to be submitted to the SSS at the end of each calendar quarter indicating the
correct ID number of the employer, the correct names and the SSS numbers of the
employees and the total contributions paid for their account during the quarter.

"SEC. 19-A. Contributions of the Self-Employed Member. - The contributions to the SSS of
the self-employed member shall be determined in accordance with Section Eighteen of this
Act: Provided, That the monthly earnings declared by the self-employed member at the time
of his registration with the SSS shall be considered as his monthly compensation and he
shall pay both the employer and the employee contributions: Provided, further, That the
contributions of self-employed persons earning One thousand pesos (P1,000.00) monthly or
below may be reduced by the Commission.

"The monthly earnings declared by the self-employed member at the time of his registration
shall remain the basis of his monthly salary credit, unless he makes another declaration of
his monthly earnings, in which case such latest declaration becomes the new basis of his
monthly salary credit.

"SEC. 20. Government Contribution. - As the contribution of the Government to the operation
of the SSS, Congress shall annually appropriate out of any funds in the National Treasury
not otherwise appropriated, the necessary sum or sums to meet the estimated expenses of
the SSS for each ensuing year. In addition to this contribution, Congress shall appropriate
from time to time such sum or sums as may be needed to assure the maintenance of an
adequate working balance of the funds of the SSS as disclosed by suitable periodic actuarial
studies to be made of the operations of the SSS.

"SEC. 21. Government Guarantee. -- The benefits prescribed in this Act shall not be
diminished and to guarantee said benefits the Government of the Republic of the Philippines
accepts general responsibility for the solvency of the SSS.

"SEC. 22. Remittance of Contributions. -- (a) The contributions imposed in the preceding
Section shall be remitted to the SSS within the first ten (10) days of each calendar month
following the month for which they are applicable or within such time as the Commission may
prescribe. Every employer required to deduct and to remit such contributions shall be liable
for their payment and if any contribution is not paid to the SSS as herein prescribed, he shall
pay besides the contribution a penalty thereon of three percent (3%) per month from the date
the contribution falls due until paid. If deemed expedient and advisable by the Commission,
the collection and remittance of contributions shall be made quarterly or semi-annually in
advance, the contributions payable by the employees to be advanced by their respective
employers: Provided, That upon separation of an employee, any contribution so paid in
advance but not due shall be credited or refunded to his employer.

"(b) The contributions payable under this Act in cases where an employer refuses or
neglects to pay the same shall be collected by the SSS in the same manner as taxes are
made collectible under the National Internal Revenue Code, as amended. Failure or refusal
of the employer to pay or remit the contributions herein prescribed shall not prejudice the
right of the covered employee to the benefits of the coverage.

"The right to institute the necessary action against the employer may be commenced within
twenty (20) years from the time the delinquency is known or the assessment is made by the
SSS, or from the time the benefit accrues, as the case may be.

"(c) Should any person, natural or juridical, default in any payment of contributions, the
Commission may also collect the same in either of the following ways:

"1. By an action in court, which shall hear and dispose of the case in preference to
any other civil action; or
 "2. By issuing a warrant to the Sheriff of any province or city commanding him to levy
upon and sell any real and personal property of the debtor. The Sheriff's sale by
virtue of said warrant shall be governed by the same procedure prescribed for
executions against property upon judgments by a court of record.

"(d) The last complete record of monthly contributions paid by the employer or the average of
the monthly contributions paid during the past three (3) years as of the date of filing of the
action for collection shall be presumed to be the monthly contributions payable by and due
from the employer to the SSS for each of the unpaid month, unless contradicted and
overcome by other evidence: Provided, That the SSS shall not be barred from determining
and collecting the true and correct contributions due the SSS even after full payment
pursuant to this paragraph, nor shall the employer be relieved of his liability under Section
Twenty-eight of this Act.

"SEC. 22-A. Remittance of Contributions of Self-Employed Member. - Self-employed

members shall remit their monthly contributions quarterly on such dates and schedules as
the Commission may specify through rules and regulations: Provided, That no retroactive
payment of contributions shall be allowed, except as Provided in this Section.

"SEC. 23. Method of Collection and Payment. - The SSS shall require a complete and proper
collection and payment of contributions and proper identification of the employer and the
employee. Payment may be made in cash, checks, stamps, coupons, tickets, or other
reasonable devices that the Commission may adopt.

"SEC. 24. Employment Records and Reports. - (a) Each employer shall immediately report
to the SSS the names, ages, civil status, occupations, salaries and dependents of all his
employees who are subject to compulsory coverage: Provided, That if an employee subject
to compulsory coverage should die or become sick or disabled or reach the age of sixty (60)
without the SSS having previously received any report or written communication about him
from his employer, the said employer shall pay to the SSS damages equivalent to the
benefits to which said employee member would have been entitled had his name been
reported on time by the employer to the SSS, except that in case of pension benefits, the
employer shall be liable to pay the SSS damages equivalent to the accumulated pension due
as of the date of settlement of the claim or to the five (5) years' pension, including
dependents' pension: Provided, further, That if the contingency occurs within thirty (30) days
from the date of employment, the employer shall be relieved of his liability for
damages: Provided, further, That any person or entity engaging the services of an
independent contractor shall be subsidiarily liable with such contractor for any civil liability
incurred by the latter under this Act: Provided, finally, That the same person or entity
engaging the services of an independent contractor shall require such contractor to post a
surety bond to guarantee the payment of the worker's benefits.

"(b) Should the employer misrepresent the true date of employment of the employee
member or remit to the SSS contributions which are less than those required in this Act or
fail to remit any contribution due prior to the date of contingency, resulting in a reduction of
benefits, the employer shall pay to the SSS damages equivalent to the difference between
the amount of benefit to which the employee member or his beneficiary is entitled had the
proper contributions been remitted to the SSS and the amount payable on the basis of
contributions actually remitted: Provided, That if the employee member or his beneficiary is
entitled to pension benefits, damages shall be equivalent to the accumulated pension due as
of the date of settlement of the claim or to the five (5) years' pension, whichever is higher,
including dependents' pension.
"In addition to the liability mentioned in the preceding paragraphs (a) and (b) hereof, the
employer shall also be liable for the corresponding unremitted contributions and penalties
thereon.

"(c) The records and reports duly accomplished and submitted to the SSS by the employer
or the member, as the case may be, shall be kept confidential by the SSS except in
compliance with a subpoena duces tecum issued by the Court, shall not be divulged without
the consent of the SSS President or any official of the SSS duly authorized by him, shall be
presumed correct as to the data and other matters stated therein, unless the necessary
corrections to such records and reports have been properly made by the parties concerned
before the right to the benefit being claimed accrues, and shall be made the basis for the
adjudication of the claim. If as a result of such adjudication the SSS in good faith pays a
monthly pension to a beneficiary who is inferior in right to another beneficiary or with whom
another beneficiary is entitled to share, such payments shall discharge the SSS from liability
unless and until such other beneficiary notifies the SSS of his claim prior to the payments.

"(d) Every employer shall keep true and accurate work records for such period and
containing such information as the Commission may prescribe, in addition to an "Annual
Register of New and Separated Employees" which shall be secured from the SSS wherein
the employer shall enter on the first day of employment or on the effective date of separation,
the names of the persons employed or separated from employment, their SSS numbers, and
such other data that the Commission may require and said annual register shall be submitted
to the SSS in the month of January of each year. Such records shall be open for inspection
by the SSS or its authorized representatives quarterly or as often as the SSS may require.

"The SSS may also require each employer to submit, with respect to the persons in his
employ, reports needed for the effective administration of this Act.

"(e) Each employer shall require, as a condition to employment, the presentation of a

registration number secured by the prospective employee from the SSS in accordance with
such procedure as the SSS may adopt: Provided, That in case of employees who have been
assigned registration numbers by virtue of a previous employment, such numbers originally
assigned to them should be used for purposes of this Section: Provided, further, That the
issuance of such registration numbers by the SSS shall not exempt the employer from
complying with the provisions of paragraph (a) of this Section.

"(f) Notwithstanding any law to the contrary, microfilm, or non-erasable optical disk and other
similar archival media copies of original SSS records and reports, duly certified by the official
custodian thereof, shall have the same evidentiary value as the originals and be admissible
as evidence in all legal proceedings.

"(g) Notwithstanding any law to the contrary, local government units shall, prior to issuing
any annual business license or permit, require submission of certificate of SSS coverage and
compliance with the provisions of this Act: Provided, That the certification or clearance shall
be issued by the SSS within five (5) working days from receipt of the request.

"SEC. 24-A. Report and Registration of the Self-Employed Member. - Each covered self-
employed person shall, within thirty (30) days from the first day he started the practice of his
profession or business operations register and report to the SSS his name, age, civil status,
and occupation, average monthly net income and his dependents.
"SEC. 25. Deposits and Disbursements. - All money paid to or collected by the SSS every
year under this Act, and all accruals thereto shall be deposited, administered and disbursed
in the same manner and under the same conditions and requirements as Provided by law for
other public special funds: Provided, That not more than twelve percent (12%) of the total
yearly contributions plus three percent (3%) of other revenues shall be disbursed for
operational expenses such as salaries and wages, supplies and materials, depreciation and
the maintenance of offices of the SSS: Provided, further, That if the expenses in any year are
less than the maximum amount permissible, the difference shall not be availed of as
additional expenses in the following years.

"SEC. 26. Investment of Reserve Funds. - All revenues of the SSS that are not needed to
meet the current administrative and operational expenses incidental to the carrying out of
this Act shall be accumulated in a fund to be known as the "Reserve Fund." Such portions of
the Reserve Fund as are not needed to meet the current benefit obligations thereof shall be
known as the "Investment Reserve Fund" which the Commission shall manage and invest
with the skill, care, prudence and diligence necessary under the circumstances then
prevailing that a prudent man acting in like capacity and familiar with such matters would
exercise in the conduct of an enterprise of a like character and with similar aims. Pursuant
thereto, and in line with the basic principles of safety, good yield and liquidity, the
Commission shall invest the funds to earn an annual income not less than the average rates
of treasury bills or any other acceptable market yield indicator in any or in all of the following:

"(a) In bonds, securities, promissory notes or other evidence of indebtedness of the

Government of the Philippines, or in bonds, securities, promissory notes or other evidence of
indebtedness to which the full faith, credit and unconditional guarantee of the Government of
the Philippines is pledged;

"(b) In bonds, securities, promissory notes or other evidence of indebtedness of the

Government of the Philippines, or any agencies or instrumentalities to finance domestic
infrastructure projects such as roads, bridges, ports, telecommunications, and other similar
projects: Provided, That the instruments issued by an agency or instrumentality of the
government shall be guaranteed by the Government of the Philippines or any government
financial institution or acceptable multilateral agency: Provided, further, That the SSS shall
have priority over the revenues of the projects: Provided, finally, That such investments shall
not exceed thirty percent (30%) of the Investment Reserve Fund;

"(c) In bonds, securities, promissory notes or other evidence of indebtedness of government

financial institutions or government corporations with acceptable credit or
guarantee: Provided, That such investments shall not exceed thirty percent (30%) of the
Investment Reserve Fund;

"(d) In bonds, securities, promissory notes or other evidence of indebtedness of any bank
doing business in the Philippines and in good standing with the Bangko Sentral ng Pilipinas
to finance loans to private corporations doing business in the Philippines, including schools,
hospitals, small-and-medium scale industries, cooperatives and non-governmental
organizations, in which case the collaterals or securities shall be assigned to the SSS under
such terms and conditions as the Commission may prescribe: Provided, That in the case of
bank deposits, they shall not exceed at any time the unimpaired capital and surplus or total
private deposits of the depository bank, whichever is smaller: Provided, further, That said
bank shall first have been designated as a depository for this purpose by the Monetary Board
of the Bangko Sentral ng Pilipinas: Provided, finally, That such investments shall not exceed
forty percent (40%) of the Investment Reserve Fund;
"(e) In bonds, securities, promissory notes or other evidence of indebtedness of shelter
agencies of the National Government or financial intermediaries to finance housing loans of
members; and in long-term direct individual or group housing loans giving priority to the low-
income groups, up to a maximum of ninety percent (90%) of the appraised value of the
properties to be mortgaged by the borrowers; and

"In short and medium term loans to members such as salary, educational, livelihood, marital,
calamity and emergency loans: Provided, That not more than thirty five percent (35%) of the
Investment Reserve Fund at any time shall be invested for housing
purposes: Provided, further, That not more than ten percent (10%) of the Investment
Reserve Fund shall be invested in short and medium term loans;

"(f) In bonds, securities, promissory notes or other evidence of indebtedness of educational

or medical institutions to finance the construction, improvement and maintenance of schools
and hospitals and their equipment and facilities: Provided, That such investments shall not
exceed ten percent (10%) of the Investment Reserve Fund;

"(g) In real estate property, including shares of stocks involving real estate property, and
investment secured by first mortgages on real estate or other collaterals acceptable to the
SSS: Provided, That such projects and investments shall, in the determination of the
Commission, redound to the benefit of the SSS, its members, as well as the general
public: Provided, further, That investment in real estate property, including shares of stocks
involving real estate property shall not exceed five percent (5%) of the Investment Reserve
Fund: Provided, finally, That investments in other income earning projects and investments
secured by first mortgages or other collaterals shall not exceed twenty five percent (25%) of
the Investment Reserve Fund;

"(h) In bonds, debentures, securities, promissory notes or other evidence of indebtedness of

any prime corporation or multilateral institutions to finance domestic projects: Provided, That
the issuing or assuming entity or its predecessors shall not have defaulted in the payment of
interest on any of its securities and that during each of any three (3) including the last two (2)
of the five (5) fiscal years next preceding the date of acquisition by the SSS of such bonds,
debentures or other evidence of indebtedness, the net earnings of the issuing or assuming
institution available for its fixed charges, as defined in this Act, shall have been not less than
one and one-quarter times the total of its fixed charges for such year: Provided, further, That
such investments shall not exceed thirty percent (30%) of the Investment Reserve Fund;

"(i) In preferred or common shares of stocks listed or about to be listed in the stock exchange
or options or warrants to such stocks or, subject to prior approval of the Bangko Sentral ng
Pilipinas, such other risk management instruments of any prime or solvent corporation or
financial institution created or existing under the laws of the Philippines with proven track
record of profitability over the last three (3) years and payment of dividends at least once
over the same period: Provided, That such investments shall not exceed thirty percent (30%)
of the Investment Reserve Fund;

"(j) In domestic or foreign mutual funds in existence for at least three (3) years; Provided,
That such investments shall not exceed twenty percent (20%) of the Investment Reserve
Fund: Provided, further, That investments in foreign mutual funds shall not exceed one
percent (1%) of the Investment Reserve Fund in the first year which shall be increased by
one percent (1%) for each succeeding year, but in no case shall it exceed seven and one-
half percent (7.5%) of the Investment Reserve Fund;
"(k) In foreign currency deposits or triple "A" foreign currency denominated debts, prime and
non-speculative equities, and other Bangko Sentral ng Pilipinas approved financial
instruments or other assets issued in accordance with the existing laws of the countries
where such financial instruments are issued: Provided, That these instruments or assets are
listed in bourses of the respective countries where these instruments or assets are
issued: Provided, further, That the issuing company has proven track of record of profitability
over the last three (3) years and a record of regular dividend pay-out over the same
period: Provided, finally, That such investments shall not exceed one percent (1%) of the
Investment Reserve Fund in the first year which shall be increased by one percent (1%) for
each succeeding year, but in no case shall it exceed seven and one-half percent (7.5%) of
the Investment Reserve Fund;

"(l) In loans secured by such collaterals like cash, government securities or guarantees of
multilateral institutions: Provided, That such investments shall not exceed thirty percent
(30%) of the Investment Reserve Fund; and

"(m) In other Bangko Sentral ng Pilipinas approved investment instruments with the same
intrinsic quality as those enumerated in paragraphs (a) to (l) hereof, subject to the policies
and guidelines which the Commission may formulate.

"No portion of the Investment Reserve Fund or income thereof shall accrue to the general
fund of the National Government or to any of its agencies or instrumentalities, including
government-owned or controlled corporations, except as may be allowed under this
Act: Provided, That no portion of the Investment Reserve Fund shall be invested for any
purpose or in any instrument, institution or industry over and above the prescribed
cumulative ceilings as follows:

40% in private securities

35% in housing

30% in real estate related investments

10% in short and medium-term member loans

30% in government financial institutions and corporations

30% in infrastructure projects

15% in any particular industry

7.5% in foreign-currency denominated investments

"SEC. 26-A. Fund Managers. - As part of its investment operations, the SSS may appoint
local or, in the absence thereof, foreign fund managers to manage the Investment Reserve
Fund, as it may deem appropriate.

"SEC. 26-B. Mortgagor Insurance Account. - (a) As part of its investment operations, the
SSS shall act as insurer of all or part of its interest on SSS properties mortgaged to the SSS,
or lives of mortgagors whose properties are mortgaged to the SSS. For this purpose, the
SSS shall establish a separate account to be known as the "Mortgagors' Insurance Account."
All amounts received by the SSS in connection with the aforesaid insurance operations shall
be placed in the Mortgagors' Insurance Account. The assets and liabilities of the Mortgagors'
Insurance Account shall at all times be clearly identifiable and distinguishable from the
assets and liabilities in all other accounts of the SSS. Notwithstanding any provision of law to
the contrary, the assets held in the Mortgagors' Insurance Account shall not be chargeable
with the liabilities arising out of any other business the SSS may conduct but shall be held
and applied exclusively for the benefit of the owners or beneficiaries of the insurance
contracts issued by the SSS under this paragraph.

"(b) The SSS may insure any of its interest or part thereof with any private company or
reinsurer. The Insurance Commission or its authorized representatives shall make an
examination into the financial condition and methods of transacting business of the SSS at
least once in two (2) years, but such examination shall be limited to the insurance operation
of the SSS as authorized under this paragraph and shall not embrace the other operations of
the SSS; and the report of said examination shall be submitted to the Commission and a
copy thereof shall be furnished the Office of the President of the Philippines within a
reasonable time after the close of the examination: Provided, That for each examination, the
SSS shall pay to the Insurance Commission an amount equal to the actual expense of the
Insurance Commission in the conduct of examination, including the salaries of the examiners
and of the actuary of the Insurance Commission who have been assigned to make such
examination for the actual time spent in said examination: Provided, further, That the general
law on insurance and the rules and regulations promulgated thereunder shall have
suppletory application insofar as it is not in conflict with this Act and its rules and regulations.

"SEC. 27. Records and Reports. - The SSS President shall keep and cause to keep records
of operations of the funds of the SSS and of disbursements thereof and all accounts of
payments made out of said funds. During the month of January of each year, the SSS
President shall prepare for submission to the President of the Philippines and to Congress of
the Philippines a report of operations of the SSS during the preceding year, including
statistical data on the number of persons covered and benefited, their occupations and
employment status, the duration and amount of benefits paid, the finances of the SSS at the
close of the said year, and recommendations. He shall also cause to be published in two (2)
newspapers of general circulation in the Philippines a synopsis of the annual report, showing
in particular the status of the finances of the SSS and the benefits administered.

"SEC. 28. Penal Clause. - (a) Whoever, for the purpose of causing any payment to be made
under this Act, or under an agreement thereunder, where none is authorized to be paid, shall
make or cause to be made false statement or representation as to any compensation paid or
received or whoever makes or causes to be made any false statement of a material fact in
any claim for any benefit payable under this Act, or application for loan with the SSS, or
whoever makes or causes to be made any false statement, representation, affidavit or
document in connection with such claim or loan, shall suffer the penalties Provided for in
Article One hundred seventy-two of the Revised Penal Code.

"(b) Whoever shall obtain or receive any money or check under this Act or any agreement
thereunder, without being entitled thereto with intent to defraud any member, employer or the
SSS, shall be fined not less than Five thousand pesos (P5,000.00) nor more than Twenty
thousand pesos (P20,000.00) and imprisoned for not less than six (6) years and one (1) day
nor more than twelve (12) years.

"(c) Whoever buys, sells, offers for sale, uses, transfers or takes or gives in exchange, or
pledges or gives in pledge, except as authorized in this Act or in regulations made pursuant
thereto, any stamp, coupon, ticket, book or other device, prescribed pursuant to Section
Twenty-three hereof by the Commission for the collection or payment of contributions
required herein, shall be fined not less than Five thousand pesos (P5,000.00) nor more than
Twenty thousand pesos (P20,000.00), or imprisoned for not less than six (6) years and one
(1) day nor more than twelve (12) years, or both, at the discretion of the court.

"(d) Whoever, with intent to defraud, alters, forges, makes or counterfeits any stamp,
coupon, ticket, book or other device prescribed by the Commission for the collection or
payment of any contribution required herein, or uses, sells, lends, or has in his possession
any such altered, forged or counterfeited materials, or makes, uses, sells or has in his
possession any such altered, forged, material in imitation of the material used in the
manufacture of such stamp, coupon, ticket, book or other device, shall be fined not less than
Five thousand pesos (P5,000.00) non more than Twenty thousand pesos (P20,000.00) or
imprisoned for not less than six years (6) and one (1) day nor more than twelve (12) years, or
both, at the discretion of the court.

"(e) Whoever fails or refuses to comply with the provisions of this Act or with the rules and
regulations promulgated by the Commission, shall be punished by a fine of not less than Five
thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or
imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years,
or both, at the discretion of the court: Provided, That where the violation consists in failure or
refusal to register employees or himself, in case of the covered self-employed or to deduct
contributions from the employees' compensation and remit the same to the SSS, the penalty
shall be a fine of not less Five thousand pesos (P5,000.00) nor more than Twenty thousand
pesos (P20,000.00) and imprisonment for not less than six (6) years and one (1) day nor
more than twelve (12) years.

"(f) If the act or omission penalized by this Act be committed by an association, partnership,
corporation or any other institution, its managing head, directors or partners shall be liable for
the penalties Provided in this Act for the offense.

"(g) Any employee of the SSS who receives or keeps funds or property belonging, payable
or deliverable to the SSS and who shall appropriate the same, or shall take or
misappropriate, or shall consent, or through abandonment or negligence, shall permit any
other person to take such property or funds, wholly or partially, or shall otherwise be guilty of
misappropriation of such funds or property, shall suffer the penalties Provided in Article Two
hundred seventeen of the Revised Penal Code.

"(h) Any employer who, after deducting the monthly contributions or loan amortizations from
his employee's compensation, fails to remit the said deduction to the SSS within thirty (30)
days from the date they became due, shall be presumed to have misappropriated such
contributions or loan amortizations and shall suffer the penalties Provided in Article Three
hundred fifteen of the Revised Penal Code.

"(i) Criminal action arising from a violation of the provisions of this Act may be commenced
by the SSS or the employee concerned either under this Act or in appropriate cases under
the Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the
city or municipality where the SSS office is located, if the violation was committed within its
territorial jurisdiction or in Metro Manila, at the option of the SSS.
 "SEC. 29. Government Aid. - The establishment of the SSS shall not disqualify the members
and employers from receiving such government assistance, financial or otherwise, as may
be Provided.

"SEC. 30. Transitory Clause. - Any employer who is delinquent or has not remitted all
contributions due and payable to the SSS may, within six (6) months from the effectivity of
this Act, remit said contributions or submit a proposal to pay the same in installment within a
period of not more than twelve (12) months from the effectivity of this Act without incurring
the prescribed penalty, subject to the implementing rules and regulations which the
Commission may prescribe: Provided, That the employer submits the corresponding
collection lists together with the remittance or proposal to pay in
installments: Provided, further, That in case the employer fails to remit contributions within
the six-month grace period or defaults in the payment of any amortization Provided the
approved proposal, the prescribed penalty shall be imposed from the time the contributions
first became due as Provided in Section 22 (a) hereof."

Section 2. Separability Clause. - If any provision of this Act is declared invalid, the other provisions
not affected thereby shall remain valid.

Section 3. Repealing Clause. - All laws, proclamations, executive orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed, modified or amended
accordingly: Provided, That no person shall be deemed to be vested with any property or other right
by virtue of the enactment or operation of this Act.

Section 4. 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
whichever comes earlier.

Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST

CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

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

assembled::

ARTICLE I
Title, Policy, Principles and Definitions of Terms

Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."

Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of
the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation
and discrimination and other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the
child when the parent, guardian, teacher or person having care or custody of the child fails or is
unable to protect the child against abuse, exploitation and discrimination or when such acts against
the child are committed by the said parent, guardian, teacher or person having care and custody of
the same. 1awphi1@al f
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development and
over which they have no control.

The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as
enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their opportunities for a useful and happy life.

Section 3. Definition of Terms.

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

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in

serious impairment of his growth and development or in his permanent incapacity or
death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development
of children" include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under

conditions of extreme poverty or in an area which is underdeveloped and/or lacks or
has inadequate access to basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

 (6) Circumstances analogous to those abovestated which endanger the life, safety or
normal development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to
the coordinated program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development
of children.1awphi1

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination

Section 4. Formulation of the Program. There shall be a comprehensive program to be

formulated, by the Department of Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector concerned, within one (1) year from
the effectivity of this Act, to protect children against child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which
endanger child survival and normal development.

ARTICLE III
Child Prostitution and Other Sexual Abuse

Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon
the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

 (5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is
under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child

prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to believe that the child
is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when
any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club
and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal
Code.

ARTICLE IV
Child Trafficking

Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking
under Section 7 of this Act:1awphi1@al f

(a) When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring institution recruits women or

couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar
or any other person simulates birth for the purpose of child trafficking; or
 (e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

ARTICLE V
Obscene Publications and Indecent Shows

Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic materials or to sell or distribute the
said materials shall suffer the penalty of prision mayor in its medium period.

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its
medium period.

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development.

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to
be responsible for other conditions prejudicial to the child's development including those
covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the
Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum
period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist
resort or similar places shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not
apply to any person who is related within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts in the performance of a social,
moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand
pesos (P40,000); Provided, however, That should the perpetrator be an ascendant,
stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
 (d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to such place or places any
minor herein described shall be imposed a penalty of prision mayor in its medium period and
a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate
such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249,
262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of murder, homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The
penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness
with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the Department
of Social Welfare and Development.

ARTICLE VII
Sanctions for Establishments or Enterprises

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct

Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. All establishments and
enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse shall be immediately closed and
their authority or license to operate cancelled, without prejudice to the owner or manager thereof
being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A
sign with the words "off limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social Welfare and Development for such period which shall not be
less than one (1) year, as the Department may determine. The unauthorized removal of such sign
shall be punishable by prision correccional.

An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment
agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex
and said services include any lascivious conduct with the customers; or solicits children or activities
constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.
 ARTICLE VIII
Working Children

Section 12. Employment of Children. Children below fifteen (15) years of age may be employed
except:

(1) When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however, That
his employment neither endangers his life, safety and health and morals, nor impairs his
normal development: Provided, further, That the parent or legal guardian shall provide the
said minor child with the prescribed primary and/or secondary education; or

(2) When a child's employment or participation in public & entertainment or information

through cinema, theater, radio or television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department of Labor and Employment:
Provided, That the following requirements in all instances are strictly complied with:

(a) The employer shall ensure the protection, health, safety and morals of the child;

(b) the employer shall institute measures to prevent the child's exploitation or discrimination
taking into account the system and level of remuneration, and the duration and arrangement
of working time; and;

(c) The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirement.

The Department of Labor Employment shall promulgate rules and regulations necessary for the
effective implementation of this Section.

Section 13. Non-formal Education for Working Children. The Department of Education, Culture
and Sports shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not
undergone or finished elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain Advertisements. No

person shall employ child models in all commercials or advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and its byproducts and violence.

Section 15. Duty of Employer. Every employer shall comply with the duties provided for in
Articles 108 and 109 of Presidential Decree No. 603.

Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the
penalty of a fine of not less than One thousand pesos (P1,000) but not more than Ten thousand
pesos (P10,000) or imprisonment of not less than three (3) months but not more than three (3)
years, or both at the discretion of the court; Provided, That, in case of repeated violations of the
provisions of this Article, the offender's license to operate shall be revoked.

ARTICLE IX
Children of Indigenous Cultural Communities

Section 17. Survival, Protection and Development. In addition to the rights guaranteed to
children under this Act and other existing laws, children of indigenous cultural communities shall be
entitled to protection, survival and development consistent with the customs and traditions of their
respective communities.

Section 18. System of and Access to Education. The Department of Education, Culture and
Sports shall develop and institute an alternative system of education for children of indigenous
cultural communities which culture-specific and relevant to the needs of and the existing situation in
their communities. The Department of Education, Culture and Sports shall also accredit and support
non-formal but functional indigenous educational programs conducted by non-government
organizations in said communities.

Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to
children of indigenous cultural communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be respected and recognized.

Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to
any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall suffer a
penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos
(P5,000) more than Ten thousand pesos (P10,000).

Section 21. Participation. Indigenous cultural communities, through their duly-designated or

appointed representatives shall be involved in planning, decision-making implementation, and
evaluation of all government programs affecting children of indigenous cultural communities.
Indigenous institution shall also be recognized and respected.

ARTICLE X
Children in Situations of Armed Conflict

Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It
shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in
order to promote the goal of children as zones of peace. To attain this objective, the following
policies shall be observed.

(a) Children shall not be the object of attack and shall be entitled to special respect. They
shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;

(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;
 (c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;

(d) The safety and protection of those who provide services including those involved in fact-
finding missions from both government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the performance of their work;

(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply depots;
and

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority
during evacuation as a result of armed conflict. Existing community organizations shall be tapped to
look after the safety and well-being of children during evacuation operations. Measures shall be
taken to ensure that children evacuated are accompanied by persons responsible for their safety
and well-being.

Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same
family shall be housed in the same premises and given separate accommodation from other
evacuees and provided with facilities to lead a normal family life. In places of temporary shelter,
expectant and nursing mothers and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given opportunities for physical exercise,
sports and outdoor games.

Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child
who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or
spy is entitled to the following rights;

(a) Separate detention from adults except where families are accommodated as family units;

(b) Immediate free legal assistance;

(c) Immediate notice of such arrest to the parents or guardians of the child; and

(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the
community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child
committed the acts charged against him, the court shall determine the imposable penalty, including
any civil liability chargeable against him. However, instead of pronouncing judgment of conviction,
the court shall suspend all further proceedings and shall commit such child to the custody or care of
the Department of Social Welfare and Development or to any training institution operated by the
Government, or duly-licensed agencies or any other responsible person, until he has had reached
eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering
the reports and recommendations of the Department of Social Welfare and Development or the
agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department
of Social Welfare and Development or any duly-licensed agency or such other officer as the court
may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.

Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The
chairman of the barangay affected by the armed conflict shall submit the names of children residing
in said barangay to the municipal social welfare and development officer within twenty-four (24)
hours from the occurrence of the armed conflict.

ARTICLE XI
Remedial Procedures

Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against
the children as enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity; 1aw phi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.

Section 28. Protective Custody of the Child. The offended party shall be immediately placed
under the protective custody of the Department of Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from any administrative, civil or
criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential
Decree No. 603.

Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from
the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio broadcasting, producer and director of the film
in case of the movie industry, to cause undue and sensationalized publicity of any case of violation
of this Act which results in the moral degradation and suffering of the offended party. Law phi1@alf

Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in
the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic
Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas
corpus, election cases, and cases involving detention prisoners and persons covered by Republic
Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving
violations of this Act.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions.

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator
is an ascendant, parent guardian, stepparent or collateral relative within the second degree
of consanguinity or affinity, or a manager or owner of an establishment which has no license
to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender
is a public officer or employee: Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by
the Department of Social Welfare and Development and disbursed for the rehabilitation of
each child victim, or any immediate member of his family if the latter is the perpetrator of the
offense.

ARTICLE XIII
Final Provisions

Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of
Justice, in coordination with the Department of Social Welfare and Development, shall promulgate
rules and regulations of the effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.

Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year following its
enactment into law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional,
the remaining provisions not affected thereby shall continue in full force and effect.

Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this
Acts are hereby repealed or modified accordingly.

Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at
least two (2) national newspapers of general circulation.

Approved: June 17, 1992. lawphi 1

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF

FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS
ADMINISTRATION AND FOR OTHER PURPOSES

WHEREAS, pursuant to the spirit of the provision of the Constitution of the Philippines that, in order
to promote the advancement and effective participation of the National Cultural Communities in the
building of the New Society, the State shall consider their customs, traditions, beliefs and interests in
the formulation and implementation of its policies;

WHEREAS, Islamic law and its principles of equity and justice, to which the Filipino Muslim
communities adhere, provide an essential basis for the fuller development of said communities in
relation to the search for harmonious relations of all segments of the Filipino nation to enhance
national unity;

WHEREAS, the enforcement, with the full sanction of the State, of the legal system of the Filipino
Muslims shall redound to the attainment of a more ordered life amongst them;

WHEREAS, it is the intense desire of the New Society to strengthen all the ethno-linguistic
communities in the Philippines within the context of their respective ways of life in order to bring
about a cumulative result satisfying the requirements of national solidarity and social justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by

virtue of the powers vested in me by the Constitution of the Philippines, do hereby ordain and
promulgate the "Code of Muslim Personal Laws of the Philippines" as part of the law of the land
hereby decree:

BOOK ONE
GENERAL PROVISIONS

TITLE I
TITLE AND PURPOSES OF CODE

Article 1. Title. This decree shall be known as the "Code of Muslim Personal Laws of the
Philippines."

Article 2. Purpose of Code. Pursuant to Section 11 of Article XV of the Constitution of the

Philippines, which provides that "The State shall consider the customs, traditions, beliefs and
interests of national cultural communities in the formulation and implementation of state policies,"
this Code:
 (a) Recognizes the legal system of the Muslims in the Philippines as part of the law of the
land and seeks to make Islamic institutions more effective;

(b) Codifies Muslim personal laws; and

(c) Provides for an effective administration and enforcement of Muslim personal laws among
Muslims.

TITLE II.
CONSTRUCTION OF CODE AND DEFINITION OF TERMS

Article 3. Conflict of provisions.

(1) In case of conflict between any provision of this Code and laws of general application, the
former shall prevail.

(2) Should the conflict be between any provision of this Code and special laws or laws of
local application, the latter shall be liberally construed in order to carry out the former.

(3) The provisions of this Code shall be applicable only to Muslims and nothing herein shall
be construed to operate to the prejudice of a non-Muslim.

Article 4. Construction and interpretation.

(1) In the construction and interpretation of this Code and other Muslim laws, the court shall
take into consideration the primary sources of Muslim law.

(2) Standard treatises and works on Muslim law and jurisprudence shall be given persuasive
weight in the interpretation of Muslim law.

Article 5. Proof of Muslim law and 'ada. Muslim law and 'ada not embodied in this Code shall be
proven in evidence as a fact. No 'ada which is contrary to the Constitution of the Philippines, this
Code, Muslim law, public order, public policy or public interest shall be given any legal effect.

Article 6. Conflict in Islamic schools of law.

(1) Should there be any conflict among the orthodox (Sunni) Muslim schools of law
(Madhahib), that which is in consonance with the Constitution of the Philippines, this Code,
public order, public policy and public interest shall be given effect.

(2) The Muslim schools of law shall, for purposes of this Code, be the Hanfi, the Hanbali, the
Maliki and the Shafi'i.

Article 7. Definition of terms. Unless the context otherwise provides:

(a) "Agama Arbitration Council" means a body composed of the Chairman and a
representative of each of the parties to constitute a council to take all necessary steps for
resolving conflicts between them.

(b) "Ada" means customary law.

 (c) "General Register" means the General Register of marriages, divorces, revocation of
divorces, conversion and such other deeds or instruments kept by the Registrar under this
Code.

(d) "Ihram" signifies the state of ritual consecration of a person while on pilgrimage to Mecca.

(e) "Madhhab" (plural, Madhahib) means any of the four orthodox (Sunni) schools of Muslim
law.

(f) "Month" means a period of thirty days.

(g) "Muslim" is a person who testifies to the oneness of God and the Prophethood of
Muhammad and professes Islam.

(h) "Muslim Law" (Shari'a) refers to all the ordinances and regulations governing Muslims as
found principally in the Qur'an and the Hadith.

(i) "Muslim Personal Law" includes all laws relating to personal status, marriage and divorce,
matrimonial and family relations, succession and inheritance, and property relations between
spouses as provided for in this Code.

BOOK TWO
PERSONS AND FAMILY RELATIONS

TITLE I
CIVIL PERSONALITY (SHAKHSIYAH MADANIYA)

Article 8. Legal capacity. Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only through death. Capacity to act, which is the power to
do acts with legal effect, is acquired and may be lost.

Article 9. Restrictions on capacity. The following circumstances, among others, modify or limit
capacity to act: age, insanity, imbecility, the state of being deaf-mute, the condition of death-illness
(marad-ul-maut), penalty, prodigality, absence, family relations, alienage, insolvency, and
trusteeship. The consequences of these circumstances are governed by this Code and other Islamic
laws and, in a suppletory manner, by other laws.

Article 10. Personality, how acquired. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born alive, however, briefly, at
the time it is completely delivered from the mother's womb.

Article 11. Extinction of personality.

(1) Civil personality is extinguished by death. The effect of death upon the rights and
obligations of a deceased person is determined by this Code, by contract, and by will.

(2) After an absence of seven years, it being unknown whether or not the absentee still lives,
he shall be presumed dead.

Article 12. Simultaneous death. If, as between two or more persons who are called to succeed each
other, there is a doubt as to which of them died first, whoever alleges the death of one prior to the
other shall prove the same; in the absence of such proof, it is presumed that they died at the same
time and there shall be no transmission of rights from one to the other. However, the successional
rights of their respective heirs shall not be affected.

TITLE II
MARRIAGE AND DIVORCE

Chapter One
APPLICABILITY CLAUSE

Article 13. Application.

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are
Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in
accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance
with Muslim law or this Code, the Civil Code of the Philippines shall apply.

(3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal
impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors,
support and maintenance, claims for customary dower (mahr), betrothal, breach of contract
to marry, solemnization and registration of marriage and divorce, rights and obligations
between husband and wife parental authority, and the properly relations between husband
and wife shall be governed by this Code and other applicable Muslim laws.

Chapter Two

MARRIAGE (NIKAH)

Section 1. Requisites of Marriage

Article 14. Nature. Marriage is not only a civil contract but a social institution. Its nature,
consequences and incidents are governed by this Code and the Shari'a and not subject to
stipulation, except that the marriage settlements may to a certain extent fix the property relations of
the spouses.

Article 15. Essential requisites. No marriage contract shall be perfected unless the following
essential requisites are compiled with:

(a) Legal capacity of the contracting parties;

(b) Mutual consent of the parties freely given;

(c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons
after the proper guardian in marriage (wali) has given his consent; and

(d) Stipulation of customary dower (mahr) duly witnessed by two competent persons.

Article 16. Capacity to contract marriage.

 (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of
puberty or upwards and not suffering from any impediment under the provisions of this Code
may contract marriage. A female is presumed to have attained puberty upon reaching the
age of fifteen.

(2) However, the Shari'a District Court may, upon petition of a proper wali, order the
solemnization of the marriage of a female who though less than fifteen but not below twelve
years of age, has attained puberty.

(3) Marriage through a wali by a minor below the prescribed ages shall be regarded as
betrothal and may be annulled upon the petition of either party within four years after
attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali
who contracted the marriage was other than the father or paternal grandfather.

Article 17. Marriage ceremony. No particular form of marriage ceremony is required but the ijab and
the gabul in marriage shall be declared publicly in the presence of the person solemnizing the
marriage and two competent witnesses. This declaration shall be set forth in an instrument in
triplicate, signed or marked by the contracting parties and said witnesses, and attested by the
person solemnizing the marriage. One copy shall be given to the contracting parties and another
sent to the Circuit Registrar by the solemnizing officer who shall keep the third.

Article 18. Authority to solemnize marriage. Marriage may be solemnized:

(a) By the proper wali of the woman to be wedded;

(b) Upon authority of the proper wali, by any person who is competent under Muslim law to
solemnize marriage; or

(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated
by the judge, should the proper wali refuse without justifiable reason, to authorize the
solemnization.

Article 19. Place of solemnization. Marriage shall be solemnized publicly in any mosque, office of
the Shari'a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at
any other suitable place agreed upon by the parties.

Article 20. Specification of dower. The amount or value of dower may be fixed by the contracting
parties (marh-musamma) before, during, or after the celebration of the marriage. If the amount or the
value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be
determined by the court according to the social standing of the parties.

Article 21. Payment of dower. Subject to the stipulation of the parties, the dower may be fully or
partially paid before, during, or after the marriage. The property or estate of the husband shall be
liable for the unpaid dower, or any part thereof.

Article 22. Breach of contract. Any person who has entered into a contract to marry but
subsequently refuses without reasonable ground to marry the other party who is willing to perform
the same shall pay the latter the expenses incurred for the preparation of the marriage and such
damages as may be granted by the court.

Section 2. Prohibited Marriages

Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited
degrees:

(a) Of consanguinity;

(b) Of affinity; and

(c) Of fosterage.

Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted

between:

(a) Ascendants and descendants of any degree;

(b) Brothers and sisters, whether germane, consanguine or uterine; and

(c) Brothers or sisters and their descendants within the third civil degree.

Article 25. Prohibition by affinity (tahrim-bill-musahara). (1) No marriage shall be contracted

between:

(a) Any of the spouses and their respective affinal relatives in the ascending line and
in the collateral line within the third degree;

(b) Stepfather and stepdaughter when the marriage between the former and the
mother of the latter has been consummated;

(c) Stepmother and stepson when the marriage between the former and the father of
the latter has been consummated; and

(d) Stepson or stepdaughter and the widow, widower or divorcee of their respective
ascendants.

(2) The prohibition under this article applies even after the dissolution of the marriage
creating the affinal relationship.

Article 26. Prohibition due to fosterage (tahrim-bir-rada'a).

(1) No person may validly contract marriage with any woman who breastfed him for at least
five times within two years after his birth.

(2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons
related by fosterage within the same degrees, subject to exception recognized by Muslim
law.

Section 3. Subsequent Marriages

Article 27. By a husband. Notwithstanding the rule of Islamic law permitting a Muslim to have more
than one wife but one wife unless he can deal with them with equal companionship and just
treatment as enjoined by Islamic law and only in exceptional cases.
Article 28. By widow. No widow shall contract a subsequent marriage unless she has observed an
'idda of four months and ten days counted from the date of the death of her husband. If at that time
the widow is pregnant, she may remarry within a reasonable time after delivery. In such case, she
shall produce the corresponding death certificate.

Article 29. By divorcee.

(1) No woman shall contract a subsequent marriage unless she has observed an 'idda of
three monthly courses counted from the date of divorce. However, if she is pregnant at the
time of the divorce, she may remarry only after delivery.

(2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a
better right to take her back without need of a new marriage contract.

(3) Where it is indubitable that the marriage has not been consummated when the divorce
was affected, no 'idda shall be required.

Article 30. Marriage after three talaq.

(1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by
her husband, he cannot remarry her unless she shall have married another person who
divorces her after consummation of the intervening marriage and the expiration of the 'idda.

(2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding
paragraph unless he has ascertained that there was no collusion among the parties.

Section 4. Batil and Fasi Marriages

Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning:

(a) Those contracted contrary to Articles 23, 24, 25 and 26;

(b) Those contracted in contravention of the prohibition against unlawful conjunction; and

(c) Those contracted by parties one or both of whom have been found guilty of having killed
the spouse of either of them.

Article 32. Fasid marriages. The following marriages shall be irregular (fasid) from their
performance:

(a) Those contracted with a female observing 'idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud,
deceit or misrepresentation;

(d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the

same being consummated;
 (e) Those contracted by a party in a state of ihram; and

(f) Mixed marriages not allowed under Islamic law.

Article 33. Validation of irregular marriages. (1) Irregular marriages may be made regular by a new
marriage contract in the following cases:

(a) Those referred to in Article 32(a), after the impediment has been removed;

(b) Those referred to in Article 32(b), upon compliance with the requirement of Article
30;

(c) Those referred to in Article 32(c), after the causes vitiating consent have ceased;

(d) Those referred to in Article 32(d), in case the party recovers.

(e) Those referred to in Article 32(e), when the party is no longer in a state of ihram;
and

(f) Those referred to in Article 32(f), after conversion to a faith that could have made
the marriage valid.

(2) The effects of the new marriage under the first paragraph shall retroact to the date of the
celebration of the irregular marriage.

Section 5. Rights and Obligations Between Spouses

Article 34. Mutual rights and obligations.

(1) The husband and the wife are obliged to live together, observe mutual respect and
fidelity, and render mutual help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to the conjugal union or brings
danger, dishonor or material injury upon the other, the injured party may petition the court for
relief. The court may counsel the offender to comply with his or her duties, and take such
measures as may be proper.

(3) The husband and the wife shall inherit from each other in accordance with this Code.

(4) The husband and the wife shall have the right to divorce in accordance with this Code.

Article 35. Rights and obligations of the husband. The husband shall fix the residence of the family.
The court may exempt the wife from living with her husband on any of the following grounds:

(a) Her dower is not satisfied in accordance with the stipulations; or

(b) The conjugal dwelling is not in keeping with her social standing or is, for any reason, not
safe for the members of the family or her property.

Article 36. Rights and obligations of the wife.

 (1) The wife shall dutifully manage the affairs of the household. She may purchase things
necessary for the maintenance of the family, and the husband shall be bound to reimburse
the expenses, if he has not delivered the proper sum.

(2) The wife cannot, without the husband's consent, acquire any property by gratuitous title,
except from her relatives who are within the prohibited degrees in marriage.

(3) The wife may, with her husband's consent, exercise any profession or occupation or
engage in lawful business which is in keeping with Islamic modesty and virtue. However, if
the husband refuses to give his consent on the ground that his income is sufficient for the
family according to its social standing or his opposition is based on serious and valid
grounds, the matter shall be referred to the Agama Arbitration Council.

(4) The wife shall have the right to demand the satisfaction of her mahr.

(5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and
administration of her exclusive property.

(6) The wife shall be entitled to an equal and just treatment by the husband.

Section 6. Property Relations Between Spouses

Article 37. How governed. The property relations between husband and wife shall be governed in
the following order:

(a) By contract before or at the time of the celebration of marriage;

(b) By the provisions of this Code; and

(c) By custom.

Article 38. Regime of property relations. The property relations between the spouses, in the
absence of any stipulation to the contrary in the marriage settlements or any other contract, shall be
governed by the regime of complete separation of property in accordance with this Code and, in a
suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines.

Article 39. Stipulation in the marriage settlements. Every stipulation in the marriage settlements or
contract referred to in the preceding article shall be void and without effect whatsoever, should the
marriage no take place. However, stipulations that do not depend upon the contract of marriage shall
be valid.

Article 40. Ante-nuptial property. The wife shall not lose ownership and administration of all
properties brought by her to the marriage in the absence of any written agreement to the contrary,
and she may dispose of the same by deed or otherwise even without the consent of her husband.

Article 41. Exclusive property of each spouse. The following shall be the exclusive property of either
spouse:

(a) Properties brought to the marriage by the husband or the wife;

(b) All income derived by either spouse from any employment, occupation or trade;
 (c) Any money or property acquired by either spouse during marriage by lucrative title;

(d) The dower (mahr) of the wife and nuptial gifts to each spouse;

(e) Properties acquired by right of redemption, purchase or exchange of the exclusive

property of either; and

(f) All fruits of properties in the foregoing paragraphs.

Article 42. Ownership and administration. Each spouse shall own, possess, administer, enjoy and
dispose of his or her own exclusive estate even without the consent of the other. However, the court
may, upon petition of either spouse, grant to the other the administration of such property.

Article 43. Household property. Household property which customarily pertains to or is used by
either spouse shall be prima facie presumed to be the property of said spouse.

Article 44. Right to sue and be sued. The wife may, independently of the husband, sue or be sued
in the following cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession, occupation or business;

(d) If the litigation concerns the exclusive property of the husband, the administration of
which has been transferred to her; or

(e) Such other appropriate cases as may be followed by the general principles of Islamic law
and other laws.

Chapter Three
DIVORCE (TALAQ)

Section 1. Nature and Form

Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in
accordance with this Code to be granted only after the exhaustion of all possible means of
reconciliation between the spouses. It may be effected by:

(a) Repudiation of the wife by the husband (talaq);

(b) Vow of continence by the husband (ila);

(c) Injurious assanilation of the wife by the husband (zihar);

(d) Acts of imprecation (li'an);

(e) Redemption by the wife (khul');

 (f) Exercise by the wife of the delegated right to repudiate (tafwld); or

(g) Judicial decree (faskh).

Article 46. Divorce by talaq.

(1) A divorce by talaq may be affected by the husband in a single repudiation of his wife
during her non-menstrual period (tuhr) within which he has totally abstained from carnal
relation with her. Any number of repudiations made during one tuhr shall constitute only one
repudiation and shall become irrevocable after the expiration of the prescribed 'idda.

(2) A husband who repudiates his wife, either for the first or second time, shall have the right
to take her back (ruju) within the prescribed 'idda by resumption of cohabitation without need
of a new contract of marriage. Should he fail to do so, the repudiation shall become
irrevocable (Talaq bain sugra).

Article 47. Divorce by Ila. Where a husband makes a vow to abstain from any carnal relations (ila)
with his wife and keeps such ila for a period of not less than four months, she may be granted a
decree of divorce by the court after due notice and hearing.

Article 48. Divorce by zihar. Where the husband has injuriously assimilated (zihar) his wife to any of
his relatives within the prohibited degrees of marriage, they shall mutually refrain from having carnal
relation until he shall have performed the prescribed expiation. The wife may ask the court to require
her husband to perform the expiationor to pronounce the a regular talaq should he fail or refuse to
do so, without prejudice to her right of seeking other appropriate remedies.

Article 49. Divorce by li'an. Where the husband accuses his wife in court of adultery, a decree of
perpetual divorce may be granted by the court after due hearing and after the parties shall have
performed the prescribed acts of imprecation (li'an).

Article 50. Divorce by khul'. The wife may, after having offered to return or renounce her dower or to
pay any other lawful consideration for her release (khul') from the marriage bond, petition the court
for divorce. The court shall, in meritorious cases and after fixing the consideration, issue the
corresponding decree.

Article 51. Divorce by tafwid. If the husband has delegated (tafwid) to the wife the right to effect a
talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and
the repudiation would have the same effect as if it were pronounced by the husband himself.

Article 52. Divorce by faskh. The court may, upon petition of the wife, decree a divorce by faskh on
any of the following grounds :

(a) Neglect or failure of the husband to provide support for the family for at least six
consecutive months;

(b) Conviction of the husband by final judgment sentencing him to imprisonment for at least
one year;

(c) Failure of the husband to perform for six months without reasonable cause his marital
obligation in accordance with this code;
 (d) Impotency of the husband;

(e) Insanity or affliction of the husband with an incurable disease which would make the
continuance of the marriage relationship injurious to the family;

(f) Unusual cruelty of the husband as defined under the next succeeding article; or

(g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh
either at the instance of the wife or the proper wali.

Article 53. Faskh on the ground of unusual cruelty. A decree of faskh on the ground of unusual
cruelty may be granted by the court upon petition of the wife if the husband:

(a)Habitually assaults her or makes her life miserable by cruel conduct even if this does not
result in physical injury;

(b) Associates with persons of ill-repute or leads an infamous life or attempts to force the
wife to live an immoral life;

(c) Compels her to dispose of her exclusive property or prevents her from exercising her
legal rights over it;

(d) Obstructs her in the observance of her religious practices; or

(e) Does not treat her justly and equitably as enjoined by Islamic law.

Article 54. Effects of irrevocable talaq or faskh. A talaq or faskh, as soon as it becomes irrevocable,
shall have the following effects:

(a) The marriage bond shall be severed and the spouses may contract another marriage in
accordance with this Code;

(b) The spouses shall lose their mutual rights of inheritance;

(c) The custody of children shall be determined in accordance with Article 78 of this code;

(d) The wife shall be entitled to recover from the husband her whole dower in case the talaq
has been affected after the consummation of the marriage, or one-half thereof if effected
before its consummation;

(e) The husband shall not be discharged from his obligation to give support in accordance
with Article 67; and

(f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and
liquidated.

Article 55. Effects of other kinds of divorce. The provisions of the article immediately preceding shall
apply to the dissolution, of marriage by ila, zihar, li'an and khul', subject to the effects of compliance
with the requirements of the Islamic law relative to such divorces.
Section 2. 'Idda

Article 56. 'Idda defined. 'Idda is the period of waiting prescribed for a woman whose marriage has
been dissolved by death or by divorce the completion of which shall enable her to contract a new
marriage.

Article 57. Period.

(1) Every wife shall be obliged to observe 'idda as follows:

(a) In case of dissolution of marriage by death, four months and ten days counted
from the death of her husband;

(b) In case of termination of marriage by divorce, for three monthly courses; or

(c) In case of a pregnant women, for a period extending until her delivery.

(2) Should the husband die while the wife is observing 'idda for divorce, another 'idda for
death shall be observed in accordance with paragraph 1(a).

TITLE III
PATERNITY AND FILIATION

Article 58. Legitimacy, how established. Legitimacy of filiation is established by evidence of valid
marriage between the father and the mother at the time of the conception of the child.

Article 59. Legitimate children.

(1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims
illegitimacy of or impugns such filiation must prove his allegation.

(2) Children born after six months following the consummation of marriage or with two years
after the dissolution of the marriage shall be presumed to be legitimate. Against this
presumption no evidence shall be admitted other than that of the physical impossibility of
access between the parents at or about the time of the conception of the child.

Article 60. Children of subsequent marriage. Should the marriage be dissolved and the wife
contracts another marriage after the expiration of her 'IDDA, the child born within six months from
the dissolution of the prior marriage shall be presumed to have been conceived during the former
marriage, and if born thereafter, during the later.

Article 61. Pregnancy after dissolution. If, after the dissolution of marriage, the wife believes that
she is pregnant by her former husband, she shall, within thirty days from the time she became aware
of her pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs may
ask the court to take measures to prevent a simulation of birth.

Article 62. Rights of legitimate child. A legitimate child shall have the right:

(a) To bear the surnames of the father and of the mother;

 (b) To receive support from the father or, in his default, from his heirs in accordance with
Articles 65 and 68; and

(c) To share in the legitimate (furud) and other successional rights which this Code
recognizes in his favor.

Article 63. Acknowledgment by father. Acknowledgment (igra) of a child by the father shall establish
paternity and confer upon each the right inherit from the other exclusively in accordance with Article
94, provided the following conditions are complied with:

(a) The acknowledgment is manifested by the father's acceptance in public that he is the
father of the child who does not impugn it; and

(b) The relations does not appear impossible by reason of disparity in age.

Article 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a
legitimate child under Muslim law, except that said person may receive a gift (hiba).

TITLE IV
SUPPORT (NAFAQA)

Article 65. Support defined. Support (nafaqa) includes everything that is indispensable for
sustenance, dwelling, clothing and medical attendance according to the social standing of the
person obliged to give it, and the education of the person entitled to the support until he completes
his education, training, or vocation even beyond the age of majority.

Article 66. Amount. The amount of support shall be in proportion to the resources of the giver and to
the needs of the recipient.

Article 67. Support for wife and infant.

(1) The wife shall be entitled to support during the marriage. In cases of divorce, (talaq), her
right shall be extended up to the expiration of the 'idda. However, in case the wife is
pregnant at the time of the separation, she shall be entitled to support until delivery.

(2) Any divorced nursing mother who continues to breastfeed her child for two years shall be
entitled to support until the time of weaning.

Article 68. Support between ascendants and descendants. The ascendants and descendants shall
be obliged to support each other in the order in which they are called to succeed by intestacy the
person who has a right to claim support.

Article 69. Payment.

(1) The obligation to support shall be demandable from the time the recipient needs it for
maintenance, but it shall not be paid except from the date it is extrajudicially demanded.

(2) Payment shall be made daily, weekly or monthly in advance, and when the recipient dies,
his heirs shall not be obliged to return what he had received in advance.
 (3) If the recipient is the wife, the rule established in the foregoing paragraph shall apply
even though the marriage is dissolved.

Article 70. Extinguishment of support. The obligation to support shall cease:

(a) Upon the death of the recipient;

(b) When the resources of the obligor have been so reduced that he cannot give the support
without neglecting his own need and those of his family, except that in the case of the
spouses, the husband, though needy, is obliged to support the wife; or

(c) When the recipient commits any act which would give rise to disqualification to inherit or
denial of support under Muslim law.

TITLE V
PARENTAL AUTHORITY

Chapter One
NATURE AND EFFECTS

Article 71. Who exercises.

(1) The father and the mother shall jointly exercise just and reasonable parental authority
and fulfill their responsibility over their legitimate and acknowledged children. In case of
disagreement, the father's decision shall prevail unless there is a judicial order to the
contrary.

(2) The mother shall exercise parental authority over her children born out of wedlock, but
the court may, when the best interests of the children so require, appoint a general guardian.

Article 72. Duty to parents.

(1) Children shall respect, revere, and obey their parents always unless the latter cast them
into disbelief.

(2) Grandparents are likewise entitled to respect and reverence, and shall be consulted
whenever practicable by all members of the family on all important questions.

Article 73. Duty to children. Every parent and every person exercising parental authority shall see to
it that the rights of the children are respected, and their duties complied with, and shall particularly by
precept and example, imbue them with religious and civic attachment to the ideal of permanent
world peace.

Article 74. Effects upon person of children. The parents have, with respect to their unemancipated
children:

(a) The duty to support them, have them in their company, educate and instruct them in
keeping with their means and represent them in all actions which shall redound to their
benefits; and

(b) The power to correct, discipline, and punish them moderately.

Article 75. Effects upon property of children.

(1) The father, or in his absence the mother, shall be the legal administrator of the property
of the child under parental authority. If the property is worth more than five thousand pesos,
the father or the mother shall give a bond to be approved by the court.

(2) The court may appoint a guardian (wasi) in the absence of one who is natural or
testamentary.

Article 76. Parental authority non-transferable. Parental authority can neither be renounced nor
transferred except as otherwise provided in this Code and the general principles of Islamic law.

Article 77. Extinguishment of parental authority.

(1) Parental authority terminates upon the death of the parents or the child, or upon
emancipation.

(2) Subject to Article 78, the widowed mother who contracts a subsequent marriage shall
lose parental authority and custody over all children by the deceased husband, unless the
second husband is related to them within the prohibited degrees of consanguinity.

(3) The court may deprive a person of parental authority or suspend the exercise thereof if
he treats his children with excessive harshness, gives then corrupting or immoral orders and
counsel, or abandons them.

Chapter Two
CUSTODY AND GUARDIANSHIP

Article 78. Care and custody.

(1) The care and custody of children below seven years of age whose parents are divorced
shall belong to the mother or, in her absence, to the maternal grandmother, the paternal
grandmother, the sister and aunts. In their default, it shall devolve upon the father and the
nearest paternal relatives. The minor above seven years of age but below the age of puberty
may choose the parent with whom he wants to stay.

(2) The unmarried daughter who has reached the age of puberty shall stay with the father;
the son, under the same circumstances, shall stay with the mother.

Article 79. Guardian for marriage (wali). The following persons shall have authority to act as
guardian for marriage (wali) in the order of precedence:

(a) Father

(b) Paternal grandfather;

(c) Brother and other paternal relatives;

(d) Paternal grandfather's executor or nominee; or

 (e) The court.

Article 80. Guardian of minor's property. The following persons shall exercise guardianship over the
property of minors in the order of precedence:

(a) Father;

(b) Father's executor or nominee;

(c) Paternal grandfather;

(d) Paternal grandfather's nominee; or

(e) The court.

TITLE VI
CIVIL REGISTRY

Chapter One
REGISTRY OF MARRIAGE, DIVORCE AND CONVERSIONS

Article 81. District Registrar. The Clerk of Court of the Shari' a District Court shall, in addition to his
regular functions, act as District Registrar of Muslim Marriages, Divorces, Revocations of Divorces,
and Conversions within the territorial jurisdiction of said court. The Clerk of Court of the Shari'a
Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces,
and Conversions within his jurisdiction.

Article 82. Duties of District Registrar. Every District Registrar shall exercise supervision over Circuit
Registrars in every Shari'a District. He shall, in addition to an entry book, keep and bind copies of
certificates of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him by the Circuit
Registrars in separate general registers. He shall send copies in accordance with Act. No. 3753, as
amended, to the office of the Civil Registrar-General.

Article 83. Duties of Circuit Registrar. Every Circuit Registrar shall:

(a) File every certificate of marriage (which shall specify the nature and amount of the dower
agreed upon,) divorce or revocation of divorce and conversion and such other documents
presented to him for registration;

(b) Compile said certificates monthly, prepare and send any information required of him by
the District Registrar;

(c) Register conversions involving Islam;

(d) Issue certified transcripts or copies of any certificate or document registered upon
payment of the required fees;

(e) Send to the District Registrar during the first ten days of each month a copy of the entries
made during the previous month;
 (f) Index the same for easy reference and identification in case any information is required;
and

(g) Administer oaths, free of charge, for civil registry purposes.

Article 84. Cancellation or Correction of Entry. Any entry in the District or Circuit Register may, upon
verified petition of any interested party, be corrected upon order of the Shari'a District Court, subject
to the provisions of the Rules of Court. Every Registrar shall be civilly responsible for any
unauthorized alteration made in the registry to any person suffering damage thereby. However, the
Registrar may exempt himself from such liability if he proves that he has taken every reasonable
precaution to prevent the unlawful alteration.

Article 85. Registration of revocation of divorce. Within seven days after the revocation of a divorce
by ruju', the husband shall, with the wife's written consent, file a statement thereof with the Circuit
Registrar in whose records that divorce was previously entered.

Article 86. Legal effects of registration. The books making up the registry of marriage, divorce,
revocation of divorce, conversion, and all other documents relating thereto shall be considered
public documents and shall be prima facie evidence of the facts therein contained. However, nothing
herein provided shall affect the intrinsic validity or invalidity of the acts registered.

Article 87. Applicability of other civil registry law. To the extent not inconsistent with the provisions of
this Code, the provisions of other registry laws governing other civil registrars shall be observed by
district or circuit registrars.

Chapter Two
OTHER ACTS AFFECTING CIVIL STATUS

Article 88. Where registered. All other acts, events, or judicial decrees affecting civil status not
mentioned in Chapter One of this Title shall be recorded in the existing civil registry of the city or
municipality in accordance with special laws.

BOOK THREE
SUCCESSION

TITLE I
GENERAL PROVISIONS

Article 89. Succession defined. Succession is a mode of acquisition by virtue of which the estate of
a person is transmitted to his heirs or others in accordance with this code.

Article 90. Successional rights, when vested. The rights to succession are transmitted from the
moment of the death of the decedent. The right to succession of any heir who predeceases the
decedent shall not be transmitted by right of representation to his own heirs.

Article 91. Requisites of succession. No settlement of the estate of a deceased person shall be
effected unless:

(a) The death of the decedent is ascertained;

(b) The successor is alive at the time of the death of the decedent; and
 (c) The successor is not disqualified to inherit.

Article 92. Inheritance (Mirath). The inheritance of a person includes all properties of any kind,
movable or immovable, whether ancestral or acquired either by onerous or gratuitous title, as well as
all transmissible rights and obligations at the time of his death and those that accrue thereto before
partition.

Article 93. Disqualifications to succession. The following shall be disqualified to succeed:

(a) Those who have intentionally caused directly or indirectly the death of the decedent;

(b) Those who have committed any other act which constitutes a ground disqualification to
inherent under Islamic law; and

(c) Those who are so situated that they cannot inherit under Islamic law.

Article 94. Succession from acknowledging person. Without prejudice to the order of succession of
heirs, mutual rights of inheritance shall obtain:

(a) Between the acknowledging father and the acknowledged child; and

(b) Between the kinsman acknowledged through another person and the acknowledger.

Article 95. Succession by illegitimate child. A child who was the cause of the mother's having been
divorced by li'an shall have mutual rights of succession only with the mother and her relatives.

Article 96. Succession between divorced persons.

(1) The husband who divorces his wife shall have mutual rights of inheritance with her while
she is observing her 'idda. After the expiration of the 'idda, there shall be no mutual rights of
succession between them.

(2) The husband who, while in a condition of death-illness, divorces his wife shall not inherit
from her, but she shall have the right to succeed him even after the expiration of her 'idda.

Article 97. Succession by conceived child. A child conceived at the time of the death of the
decedent shall be considered an heir provided it be born later in accordance with Article 10; its
corresponding share shall be reserved before the estate is distributed.

Article 98. Succession by absentee. The share of an heir who is missing or otherwise absent at the
time of the death of the decedent shall be reserved:

(a) Until he reappears and claims it;

(b) Until he is proven dead; or

(c) Until the lapse of ten years after which he shall be resumed dead by decree of the court.

Article 99. Order of succession. The heirs of a decedent shall inherit in the following order:
 (a) Sharers (ashab-ul-furud) shall be entitled to fixed shares;

(b) Residuaries (ashab-ul-mirath) shall be entitled to the residue;

(c) In the absence of the foregoing, the distant kindred (dhaw-ul-arham) who are blood
relatives but are neither sharers nor residuaries; and

(d) In default of the above, the acknowledged kinsman, universal legatee, or the public
treasury (bait-ul-mal), in that order.

Article 100. Modes of Succession. Succession my be:

(a) By will (wasiya);

(b) By operation of this Code; or

(c) By combination of both.

TITLE II
TESTAMENTARY SUCCESSION

Chapter One
WILLS

Article 101. Will defined. A will (wasiya) is a declaration whereby a person is permitted, with the
formalities prescribed by law, to control the disposition after his death of not more than one-third of
his estate, if there are heirs, or the whole of it, if there are no heirs or distant kindred.

Article 102. Formalities.

(1) The making of a will is strictly a personal act; it cannot be left in whole or in part to the
discretion of a third person or accomplished through the instrumentality of an agent.

(2) A will may be declared orally or in writing in a manner that shows clearly the intention of
the testator to execute it in the presence of a least two competent, credible and disinterested
witnesses.

Article 103. Proof of will.

(1) No nuncupative will shall pass any property of the decedent unless it is proved and
allowed in accordance with a solemn oath or affirmation of all the witnesses who attested to
its declaration.

(2) No will of any other kind, holographic or formal, shall pass any property unless it is
proved and allowed in accordance with this Code.

Article 104. Testamentary wagf. An endowment for Islamic purposes to take effect after the death of
the donor (wagf-bill-wasiya) partakes of the nature of a testamentary disposition.
Article 105. Capacity to make a will. Any person of sound and disposing mind and who is not
expressly prohibited by Islamic law may make a will. Persons of either sex under the age of puberty
cannot make a will.

Article 106. Disposable third.

(1) The testator, in his will, cannot dispose of more than one-third of his estate. Any bequest
in excess thereof shall not be given effect unless ratified by the heirs. In any case, the
bequest must be accepted by the legatee.

(2) A bequest to any sharer or residuary shall not be valid unless ratified by the testator's
heirs existing at the time of his death.

Article 107. Bequest by operation of law. Should the testator die without having made a bequest in
favor of any child of his son who predeceased him, or who simultaneously dies with him, such child
shall be entitled to one-third of the share that would have pertained to the father if he were alive. The
parent or spouse, who is otherwise disqualified to inherit in view of Article 93 (c), shall be entitled to
one-third of what he or she would have received without such qualification.

Article 108. Revocation of will. Will may be expressly or impliedly revoked by the testator at any
time before his death. Any waiver or restriction of this right shall be void.

Article 109. Partial invalidity of will. The invalidity of one of several provisions of a will shall not result
in the invalidity of the others, unless it is to be presumed that the testator would not have made such
other provisions if the first invalid provision had not been made.

TITLE III
LEGAL SUCCESSION

Chapter One
SHARES

Article 110. Who are sharers. The following persons shall be entitled to the inheritance as sharers to
the extent set forth in the succeeding articles:

(a) The husband, the wife;

(b) The father, the mother, the grandfather, the grandmother;

(c) The daughter and the son's daughter in the direct line;

(d) The full sister, the consanguine sister, the uterine sister and the uterine brother.

Article 111. Share of surviving husband. The husband surviving together with a legitimate child or a
child of the decedent's son shall be entitled to one-fourth of the hereditary estate; should there be no
such descendants, he shall inherit one-half of the estate.

Article 112. Share of surviving wife. The wife surviving together with a legitimate child or a child of
the decedent's son shall be entitled to one-eight of the hereditary estate; in the absence of such
descendants, she shall inherit one-fourth of the estate.
Article 113. Share of surviving father. The father succeeding together with the legitimate son of the
decedent or a son of the decedent's son shall be entitled, as sharer, to one-sixth of the hereditary
estate. The father who succeeds together with a legitimate daughter of the decedent or a daughter
of the decedent's son shall inherit, as sharer, one-sixth of the inheritance without prejudice to his
share as residuary.

Article 114. Share of surviving mother. The mother succeeding as sharer together with a child or a
child of the decedent's son, or with two or more brothers or sisters of the decedent, shall be entitled
to one-sixth of the hereditary estate. Should she survive without any such descendant or with only
one brother or sister, she shall inherit one-third of the estate.

Article 115. Share of paternal grandfather. The paternal grandfather succeeding together with the
child of the decedent or, in default thereof, with his descendants in the direct male line however,
distant, shall be entitled to one-sixth of the hereditary estate. Should he survive with any sharer other
than the brothers or sisters of the decedent, he shall be entitled to one-sixth without prejudice to his
right as a residuary.

Article 116. Share of paternal grandmother. The paternal grandmother succeeding in default of the
mother, father, or intermediate grandfather of the decedent shall be entitled, as sharer, to one-sixth
of the hereditary estate.

Article 117. Share of surviving daughter.

(1) If the decedent leaves no son but one daughter, the latter shall be entitled to inherit, as
sharer , one-half of the hereditary estate. Two or more daughters shall share equally two-
thirds thereof. Should one or more daughters survive with one or more sons of the decedent,
the latter shall be entitled to double the share of the former.

(2) Should a lone daughter of the decedent survive together with his son's daughter, the two-
thirds share shall be divided between them, one-half thereof to pertain to the former and one-
sixth of the latter.

Article 118. Share of son's daughter. The son's daughter shall, in the absence of any child of the
decedent, be entitled to one-half of the hereditary estate. Two or more daughters of the decedent's
son shall share the two-thirds of the estate per capita.

Article 119. Share of full sister. Should the decedent leave neither descendant, father, nor full
brother, the full sister, shall be entitled as sharer to the extent of one-half of the hereditary estate.
Two or more full sisters shall inherit two-thirds of the estate per capita.

Article 120. Share of consanguine sister. Should the decedent leave neither descendent, full
brother, nor full sister, the consanguine sister shall be entitled to one-half of the hereditary estate.
Two or more consanguine sisters shall inherit two-thirds of the estate per capita.

Article 121. Share of uterine brother or sister. The share of a uterine brother or sister shall be one-
sixth of the hereditary estate should there be no surviving descendant, father, paternal grandfather,
or full brother and sister of the decedent. Two or more uterine brothers or sisters shall inherit one-
third of the estate per capita.

Article 122. Participation of full brother.

 (1) One or more full brothers and sisters surviving together, or one or more consanguine
brothers or sisters surviving together, shall participate in the hereditary estate, a brother to
inherit double the share of a sister.

(2) The provision of the next succeeding article notwithstanding, the full brother shall, if
nothing is left for him after the distribution of shares and he survives with uterine brothers,
participate with the latter in the one-third of the hereditary estate per capita.

Article 123. Exclusion among heirs. The exclusion of heirs from the inheritance shall be governed
by the following rules:

(a) In the same line, the relative nearest in degree excludes the more remote.

(b) Full-blood relatives exclude the consanguine and the uterine.

(c) Whoever is related to the decedent through any person shall not inherit while the latter is
living, except in the case of a mother concurring with her children.

(d) Heirs who, in a particular case, do not succeed by reason of disqualification on any
ground shall not exclude others.

Chapter Two
RESIDUARY HEIRS

Article 124. Residuaries. Any residue left after the distribution of the shares shall be partitioned
among the residuaries in accordance with the following articles. An heir may succeed as residuary in
his own right (asaba-bin-nafs), in another's right (asaba-bil-ghair), or together with another (asaba-
ma'al-ghair).

Article 125. Residuaries in their own right. The following persons are residuaries in their own right:

(a) Male descendants of the decedent in the direct line, however, distant in degree;

(b) Male ascendants of the decedent in the direct line, however distant in degree;

(c) Full-blood or consanguine brothers of the decedent and their male descendants,
however, distant in degree; and

(d) Full-blood or consanguine paternal uncles of the decedent and their male descendants,
however distant in degree.

Article 126. Residuaries in another's right. The following persons shall succeed as residuaries in
another's right:

(a) Daughters surviving with the son of the decedent;

(b) Son's daughters surviving with their own brothers;

(c) Full sisters surviving with their full brothers; and

 (d) Consanguine sisters surviving with their consanguine brothers.

Article 127. Residuaries together with another. Full-blood or consanguine sisters, surviving with
daughters of the decedent or with the son's daughters, however, distant in degree from the
decedent, are residuaries together with another.

Article 128. Preference among residuaries. Preference among residuaries shall be governed by the
following rules:

(a) The residuary nearer in degree shall be preferred to the more remote of the same class.

(b) The residuary with full-blood relationship shall be preferred to those of the half-blood of
the same degree of relationship in the same class.

(c) The residuaries of the same class, degree and blood relationship shall share equally,
subject to the rule of the male having a share double that of the female in proper cases.

Article 129. Reduction of shares. If the totality of all the shares assigned to each of the sharers
exceeds the whole inheritance, the shares shall be reduced proportionately.

Article 130. Reversion of residue. If, after distributing the portions of the sharers, a residue is left in
the inheritance and there is no surviving residuary heir, the same shall revert in its entirety to the
lone sharer or to all the sharers in proportion to their respective shares. However, the husband or the
wife shall not be entitled to any part of the reverted portion as long as there are other sharers or
distant kindred.

Chapter Three
DISTANT KINDRED (DHAW-UL-ARHAM)

Article 131. Relatives included. Distant kindred includes the following :

(a) The daughter's children and the children of the son's daughter and their descendants;

(b) The excluded grandfather and the excluded grandmother;

(c) The sister's children, the brother's daughters, the sons of the uterine brother, and their
descendants; and

(d) The paternal aunts, the uterine uncles and the maternal aunts and uncles.

Article 132. Extent and distribution of shares. In default of all sharers and residuaries, the distant
kindred shall inherit the entire hereditary estate, the same to be distributed among them in
accordance with Articles 123 and 128.

TITLE IV
SETTLEMENT AND PARTITION OF ESTATE

Article 133. Administration. The administration of the estate of a decedent shall, for purposes of
settlement, vest at the time of his death in the executor appointed in the will or, in the absence
thereof, in his heir or administrator to whom the court has granted letters of administration.
Article 134. Governing school of law.

(1) In every petition for probate of will or for the settlement of the estate of a descendent, all
matters relating to the appointment of administrator, powers and duties of administrator or
executor, the court shall take into consideration the school of law (madhhab) of the
decedent.

(2) If the decedent's madhhab is not known, the Shafi'i school of law may be given
preference together with the special rules of procedure adopted pursuant to this Code.

Article 135. Order of preference of claims. The estate of a decedent shall be applied to claims and
charges in the following order:

(a) unpaid taxes;

(b)reasonable funeral expenses;

(c) the expenses for probate, administration and other judicial expenses;

(d) the debts of the decedent;

(e) the legacies to the extent of the disposable one-third;

(f) the distribution of shares among heirs; and

(g) unpaid dower.

Article 136. Liability of heirs. The liability of the heirs of a decedent for the payment of the matter's
debts shall not exceed the hereditary estate. Each heir shall be liable only for the payment of the
decedent's debt in proportion to his share.

BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES AND RENDITION OF LEGAL OPINIONS

TITLE I
THE SAHRI'A COURTS

Article 137. Creation. There are hereby created as part of the judicial system, courts of limited
jurisdiction, to be known respectively as Shari'a District Courts and Shari'a Circuit Courts, which shall
exercise powers and functions in accordance with this Title.

Shari'a courts and the personnel thereof shall be subject to the administrative supervision of the
Supreme Court.

Chapter One
SHARI'A DISTRICT COURTS

Article 138. Shari'a judicial districts. Five special judicial districts, each to have one Shari'a District
Court presided over by one judge, are constituted as follows:
 (a) The First Shari'a District shall comprise the Province of Sulu;

(b) The Second Shari'a District, the Province of Tawi-Tawi;

(c) The Third Shari'a District, the Province of Basilan, Zamboanga del Norte and Zamboanga
del Sur, and the Cities of Dipolog, Pagadian and Zamboanga;

(d) The Fourth Shari'a District, the provinces of Lanao del Norte and Lanao del Sur, and the
Cities of Iligan and Marawi; and

(e) The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan
Kudarat, and the City of Cotabato;

Article 139. Appointment of judges. The judicial function in the Shari'a District Courts shall be vested
in Shari'a District judges to be appointed by the President of the Philippines.

Article 140. Qualifications. No person shall be appointed Shari'a District judge unless, in addition to
the qualifications for judges of Courts of First Instance fixed in the Judiciary Law, he is learned in
Islamic law and jurisprudence.

Article 141. Tenure. Shari'a District judges shall be appointed to serve during good behavior until
they reach the age of sixty-five years, or become incapacitated to discharge the duties of their office,
unless sooner removed for the same causes and in the same manner provided by law for judges of
Courts of First Instance.

Article 142. Compensation. Shari'a District judges shall receive the same compensation and enjoy
the same privileges as the judges of Courts of First Instance.

Article 143. Original jurisdiction.

(1) The Shari'a District Court shall have exclusive original jurisdiction over:

(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising
under this Code;

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(c) Petitions for the declaration of absence and death and for the cancellation or
correction of entries in the Muslim Registries mentioned in Title VI of Book Two of
this Code;

(d) All actions arising from customary contracts in which the parties are Muslims, if
they have not specified which law shall govern their relations; and

(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all other auxiliary writs and processes in aid of its appellate jurisdiction.

(2) Concurrently with existing civil courts, the Shari'a District Court shall have original
jurisdiction over:
 (a) Petitions by Muslims for the constitution of a family home, change of name and
commitment of an insane person to an asylum;

(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the
parties involved are Muslims except those for forcible entry and unlawful detainer,
which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court;
and

(c) All special civil actions for interpleader or declaratory relief wherein the parties are
Muslims or the property involved belongs exclusively to Muslims.

Article 144. Appellate jurisdiction.

(1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a
Circuit Courts within their territorial jurisdiction.

(2) The Shari'a District Court shall decide every case appealed to it on the basis of the
evidence and records transmitted as well as such memoranda, briefs or oral arguments as
the parties may submit.

Article 145. Finality of decision. The decisions of the Shari'a District Courts whether on appeal from
the Shari'a Circuit Court or not shall be final. Nothing herein contained shall affect the original and
appellate jurisdiction of the Supreme Court as provided in the Constitution.

Article 146. Clerks and other subordinate employees. Shari'a District Courts shall have the same
officers and other personnel as those provided by law for Courts of First Instance.

The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment,
compensation, functions, duties and other matters relative to the personnel of the Courts of First
Instance shall apply to those of the Shari'a District Courts.

Article 147. Permanent stations; offices.

(1) The Shari'a District Courts shall have their respective permanent stations in the following
places:

(a) First Shari'a District, Jolo, Sulu;

(b) Second Shari'a District, Bongao, Tawi-Tawi;

(c) Third Shari'a District, Zamboanga City;

(d) Fourth Shari'a District, Marawi City;

(e) Fifth Shari'a District, Cotabato City;

(2) The Shari'a District Courts may hold sessions anywhere within their respective districts.

(3) The provinces, cities or municipalities concerned shall provide such courts with adequate
court office, supplies and equipment in accordance with the provisions of the Judiciary Law.
Article 148. Special procedure. The Shari'a District Courts shall be governed by such special rules
of procedure as the Supreme Court may promulgate.

Article 149. Applicability of other laws. The provisions of all laws relative to the Courts of First
Instance shall, insofar as they are not inconsistent with this Code, be applicable to Shari'a District
Courts.

Chapter Two
SHARI'A CIRCUIT COURTS

Article 150. Where established.

(1) Shari'a Circuit Courts shall be established as follows:

(a) Six such courts in the Province of Sulu;

(b) Eight in the Province of Tawi-Tawi;

(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga
del Sur, and the Cities of Dipolog, Pagadian, and Zamboanga;

(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur and the
Cities of Iligan and Marawi;

(e) Fifteen in and for the Province of Maguindanao, North Cotabato and Sultan
Kudarat and the City of Cotabato.

(2) The territorial jurisdiction of each of the 'Shari'a Circuit Courts shall be fixed by the
Supreme Court on the basis of geographical contiguity of the municipalities and cities
concerned and their Muslim population.

Article 151. Appointment of judges. Each Shari'a Circuit Court shall be presided over by a Shari'a
Circuit Judge to be appointed by the President of the Philippines.

Article 152. Qualifications. No person shall be appointed judge of the Shari'a Circuit Court unless he
is a natural-born citizen of the Philippines, at least twenty-five years of age, and has passed an
examination in the Shari'a and Islamic jurisprudence (fiqh) to be given by the Supreme Court for
admission to special membership in the Philippine Bar to practice in the Shari'a Courts.

Article 153. Tenure. Shari'a Circuit judges shall be appointed to serve during good behavior until
they reach the age of sixty-five years or become incapacitated to discharge the duties of their office,
unless sooner removed for the same causes and in the same manner provided by law for judges of
Municipal Circuit Courts.

Article 154. Compensation. Shari'a Circuit judges shall receive the same compensation and enjoy
the same privileges as judges of Municipal Circuit Courts.

Article 155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive original jurisdiction over;

(1) All cases involving offenses defined and punished under this Code.
 (2) All civil actions and proceedings between parties who are Muslims or have been married
in accordance with Article 13 involving disputes relating to:

(a) Marriage;

(b) Divorce recognized under this Code;

(c) Betrothal or breach of contract to marry;

(d) Customary dower (mahr);

(e) Disposition and distribution of property upon divorce;

(f) Maintenance and support, and consolatory gifts, (mut'a); and

(g) Restitution of marital rights.

(3) All cases involving disputes relative to communal properties.

Article 156. Clerks and other subordinate employees.

(1) Shari'a Circuit Courts shall have the same officers and other personnel as those provided
by law for Municipal Circuit Courts.

(2) The pertinent provisions of the Judiciary Law regarding the number, qualifications,
appointment, compensation, functions, duties and other matters relative to the personnel of
the Municipal Circuit Courts shall apply to those of the Shari'a Circuit Courts.

Article 157. Place of sessions; stations. Shari'a Circuit Court may hold session anywhere within their
respective circuits, but each shall have a principal station to be fixed by the Supreme Court.

Article 158. Special procedure. The Shari'a Circuit Courts shall be governed by such special rules of
procedure as the Supreme Court may promulgate.

Article 159. Applicability of other laws. The provisions of all laws relative to Municipal Circuit Courts
shall, to the extent that they are not inconsistent with this Code, be applicable to the Shari'a Circuit
Courts.

TITLE II
THE AGAMA ARBITRATION COUNCIL

Article 160. Constitution. The Shari'a District Court or the Shari'a Circuit Court may, in appropriate
cases, constitute an Agama Arbitration Council in the manner specified in this Title.

Article 161. Divorce by talag and tafwid.

(1) Any Muslim male who has pronounced a talag shall, without delay, file with the Clerk of
Court of the Shari'a Circuit Court of the place where his family resides a written notice of
such fact and the circumstances attended thereto, after having served a copy thereof to the
wife concerned. The talag pronounced shall not become irrevocable until after the expiration
 of the prescribed 'idda. The notice filed shall be conclusive evidence that talag has been
pronounced.

(2) Within seven days from receipt of notice, the Clerk of Court shall require each of the
parties to nominate a representative. The representatives shall be appointed by the Court to
constitute, together with the Clerk of Court as Chairman, an Agama Arbitration Council. The
Agama Arbitration Council shall submit to the Court a report on the result of the arbitration,
on the basis of which and such other evidence as may be allowed, the Court shall issue the
corresponding order.

(3) The provisions of this article shall be observed should the wife exercise tafwid.

Article 162. Subsequent marriages. Any Muslim husband desiring to contract a subsequent
marriage shall, before so doing, file a written notice thereof with the Clerk of Court of the Shari'a
Circuit Court of the place where his family resides. Upon receipt of said notice, the Clerk shall serve
a copy thereof to the wife or wives. Should any of them object, an Agama Arbitration Council shall be
constituted in accordance with the provisions of paragraph (2) of the preceding article. If the Agama
Arbitration Council fails to obtain the wife's consent to the proposed marriage, the Court shall,
subject to Article 27, decided whether or not to sustain her objection.

Article 163. Offenses against customary law. The Shari'a Circuit Court, in cases involving offenses
against customary law which can be settled without formal trial, may, at its discretion, direct the
Shari'a Clerk of Court to constitute a council of not less than two nor more than four members, with
him as chairman, to settle the case amicably.

TITLE III
JURISCONSULT IN ISLAMIC LAW

Article 164. Creation of office and appointment.

(a) There shall be a Jurisconsult in Islamic law, who shall be appointed by the President of
the Philippines and hold office for a term of seven years, without prejudice to re-appointment,
unless sooner removed for cause or incapacitated to discharge the duties of his office.

(b) The Office of the Jurisconsult shall be under the administrative supervision of the
Supreme Court of the Philippines which shall also fix its permanent station, preferably in the
City of Zamboanga.

Article 165. Qualifications. No person shall be appointed Jurisconsult in Islamic Law unless he is a
citizen of the Philippines, at least forty years of age, of good moral character and proven integrity,
and an eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence as well as proficient in
Arabic.

Article 166. Functions.

(1) The Jurisconsult shall, on the written request of any interested party, have the authority to
render legal opinions, based on recognized authorities, regarding any question relating to
Muslim Law. For this purpose, he may, if he deems it necessary, consult or ask for a
consensus of the 'ulama.
 (2) The Jurisconsult shall consider and act on every such request unless, in his opinion and
for good reason, the question need not be answered.

(3) The Office of the Jurisconsult shall keep a compilation and cause the publication of all his
legal opinions.

Article 167. Compensation. Until otherwise provided by law, the Jurisconsult shall receive an annual
compensation of forty-eight thousand pesos which shall not be diminished during his term of office.

Article 168. Office personnel. The Jurisconsult may, in accordance with the Civil Service Law and
subject to the approval of the Supreme Court, appoint and fix the compensation of such personnel
as may be necessary for the performance of his functions.

BOOK FIVE
MISCELLANEOUS AND TRANSITORY PROVISIONS

TITLE I
MUSLIM HOLIDAYS

Article 169. Official Muslim holidays. The following are hereby recognized as legal Muslim holidays:

(a) 'Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram;

(b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the
third lunar month of Rabi-ul-Awwal;

(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad),
which falls on the twenty-seventh day of the seventh lunar month of Rajab;

(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar month of
Shawwal, commemorating the end of the fasting season; and

(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu
1-Hijja.

Article 170. Provinces and cities where officially observed.

(1) Muslim holidays shall be officially observed in the Provinces of Basilan, Lanao del Norte,
Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga
del Norte and Zamboanga del Sur, and in the Cities of Cotabato, Iligan, Marawi, Pagadian,
and Zamboanga and in such other Muslim provinces and cities as may hereafter be created.

(2) Upon proclamation by the President of the Philippines, Muslim holidays may also be
officially observed in other provinces and cities.

Article 171. Dates of observance. The dates of Muslim holidays shall be determined by the Office of
the President of the Philippines in accordance with the Muslim Lunar Calendar (Hijra).

Article 172. Observance of Muslim employees.

 (1) All Muslim government officials and employees in places other than those enumerated
under Article 170 shall also be excused from reporting to office in order that they may be
able to observe Muslim holidays.

(2) The President of the Philippines may, by proclamation, require private offices, agencies
or establishments to excuse their Muslim employees from reporting for work during a Muslim
holiday without reduction in their usual compensation.

TITLE II
COMMUNAL PROPERTY

Article 173. What constitute. The following are communal properties:

(a) Customary heirloom, which shall include artifacts and ancestral implements or things of
cultural value handed down from a common ancestor;

(b) Ancestral property, which shall comprehend hallowed ancestral plot, ancestral shrine,
royal court, and similar properties; and

(c) charitable trust property.

Article 174. Administration or disposition.

(1) Except as otherwise provided in this Code, communal property shall be administered or
disposed of in accordance with Muslim law, 'ada, and special provisions of law.

(2) Any provision of existing law to the contrary notwithstanding, the trustee of any communal
property shall be the person who is in lawful possession thereof, either personally or through
an agent.

(3) The Shari'a Circuit Court may appoint a trustee of a communal property when there is a
dispute as to its custody, possession, or administration.

TITLE III
CUSTOMARY CONTRACTS

Article 175. How construed. Any transaction whereby one person delivers to another any real
estate, plantation, orchard or any fruit-bearing property by virtue of sanda, sanla, arindao, or similar
customary contract, shall be construed as a mortgage (rihan) in accordance with Muslim law.

TITLE IV
CONVERSIONS

Article 176. Effect of registration of conversion to Islam.

(1) Registration of a person's conversion to Islam shall constitute a prima facie proof that he
professes Islam.

(2) Whoever disputes the profession or renunciation of Islam by any person shall have the
burden of proving the contrary.
Article 177. Regulation on conversion. No conversion of a minor below the age of eighteen years
shall be registered by the District or Circuit Registrar without the written consent or permission of the
parents or guardian, except when such minor has been emancipated from paternal authority in
accordance with law.

Article 178. Effect of conversion to Islam on marriage. The conversion of non-Muslim spouses to
Islam shall have the legal effect of ratifying their marriage as if the same had been performed in
accordance with the provisions of this Code or Muslim law, provided that there is no legal
impediment to the marriage under Muslim law.

Article 179. Effect of change of religion. The change of religion by a Muslim shall not have the effect
of extinguishing any obligation or liability whatsoever incurred prior to said change.

TITLE V
PENAL PROVISIONS

Chapter One
RULE OF BIGAMY

Article 180. Law applicable. The provisions of the Revised Penal Code relative to the crime of
bigamy shall not apply to a person married in accordance with the provisions of this Code or, before
its effectivity, under Muslim law.

Chapter Two
SPECIFIC OFFENSES

Article 181. Illegal solemnization of marriage. Any person who shall, without authority, solemnize
any marriage purportedly under this Code, or shall do so in a manner contrary to the provisions
thereof, shall be punished by imprisonment of not less than two months but not more than two years,
or a fine of not less than two hundred pesos but not more than two thousand pesos, or both, in the
discretion of the court.

Article 182. Marriage before expiration of 'idda. Any widow or divorced woman who, having been
married under Muslim law or under this code, contracts another marriage before the expiration of the
prescribed 'idda shall suffer the penalty of a fine not exceeding five hundred pesos.

Article 183. Offenses relative to subsequent marriage, divorce, and revocation of divorce. A person
who falls to comply with the requirements of Articles 85, 161, and 162 of this Code shall be
penalized by arresto mayor or a fine of not less than two hundred pesos but not more than two
thousand pesos, or both, in the discretion of the court.

Article 184. Failure to report for registration. Except as provided in the article immediately
preceding, a person who knowingly fails to perform his duty under this Code to report for registration
any fact concerning the civil status of persons shall be punished by a fine of not less than one
hundred pesos but not more than one thousand pesos.

Article 185. Neglect of duty by registrars. Any district registrar or circuit registrar who fails to perform
properly his duties in accordance with this Code shall be penalized in accordance with Section 18 of
Act 3753.
 TITLE VI
TRANSITORY AND FINAL PROVISIONS

Article 186. Effect of code on past acts. (1) Acts executed prior to the effectivity of this Code shall
be governed by the laws in force at the time of their execution, and nothing herein except as
otherwise specifically provided, shall affect their validity or legality or operate to extinguish any right
acquired or liability incurred thereby.

(2) A marriage contracted by a Muslim male prior to the effectivity of this Code in accordance
with non-Muslim law shall be considered as one contracted under Muslim law provided the
spouses register their mutual desire to this effect.

Article 187. Applicability Clause. The Civil Code of the Philippines, the Rules of Court and other
existing laws, insofar as they are not inconsistent with the provisions of this Code, shall be applied
suppletorily.

Article 188. Separability clause. If, for any reason, any article or provision of this Code is held to be
invalid, the same shall not affect the other articles or provisions hereof.

Article 189. Repealing clause. All laws, proclamations, executive orders, rules and regulations, or
any part thereof, inconsistent with provisions of this Code are hereby correspondingly modified or
repealed.

Article 190. Effectivity. This Code shall take effect immediately.

DONE in the City of Manila this 4th day of February in the year of Our Lord nineteen hundred and
seventy-seven.

EXECUTIVE ORDER NO. 203

PROVIDING A LIST OF REGULAR HOLIDAYS AND SPECIAL DAYS TO BE

OBSERVED THROUGHOUT THE PHILIPPINES AND FOR OTHER PURPOSES.

WHEREAS, a Cabinet Assistance Secretariat Committee was constituted to review all,

existing public holidays;

WHEREAS, there are too many holidays being observed which has caused confusion
among the public;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby

order:

SECTION 1. Unless otherwise modified by law, order or proclamation, the following

regular holidays and special days shall be observed in this country:

A. Regular Holidays
New Years Day January 1
Maundy Thursday Movable date
Good Friday Movable date
Araw ng Kagitingan (Bataan and Corregidor April 9
Day)
Labor Day May 1
Independence Day June 12
National Heroes Day Last Sunday of
Bonifacio Day November 30
Christmas Day December 25
Rizal Day December 30

B. Nationwide Special Days

All Saints Day November 1

Last Day of the Year December 31

SECTION 2. Henceforth, the terms legal or regular holiday and special holiday, as
used in laws, orders, rules and regulations or other issuances shall now be referred to
as regular holiday and special day, respectively.

SECTION 3. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.

SECTION 4. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 30th day of June, in the year of Our Lord, nineteen
hundred and eighty-seven.

(Sgd.) CORAZON C. AQUINO

President of the Philippines

By the President:

(Sgd.) JOKER P. ARROYO

Executive Secretary

Source: Presidential Management Staff

REPUBLIC ACT NO. 9492

AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS

AMENDING FOR THE PURPOSE SECTION 26, CHAPTER 7, BOOK 1 OF
 EXECUTIVE ORDER NO. 292, AS AMENDED, OTHERWISE KNOWN AS THE
ADMINISTRATIVE CODE OF 1987

SECTION 1. Section 26, Chapter 7, Book 1 of Executive Order No. 292, as

amended, otherwise known as the Administrative Code of 1987, is hereby amended to
read as follows:

SEC. 26. Regular Holidays and Nationwide Special Days. (1) Unless
otherwise modified by law, order or proclamation, the following regular holidays and
special days shall be observed in the country:

a) Regular Holidays

New Years Day -January 1

Maundy Thursday -Movable Date
Good Friday -Movable Date
Eidul Fitr -Movable Date
Araw ng Kagitingan (Bataan and Corregidor Day) -Monday nearest April 9
Labor Day -Monday nearest May 1
Independence Day -Monday nearest June 12
National Heroes Day -Last Monday of August
Bonifacio Day -Monday nearest November 30
Christmas Day -December 25
Rizal Day -Monday nearest December 30

b) Nationwide Special Holidays

Ninoy Aquino Day -Monday nearest August 21

All Saints Day -November 1
Last Day of the Year -December 31

c) In the event the holiday falls on a Wednesday, the holiday will be observed on
the Monday of that week. If the holiday falls on a Sunday, the holiday will be observed
on the Monday that follows:

Provided, That for movable holidays, the President shall issue a proclamation, at least
six months prior to the holiday concerned, the specific date that shall be declared as a
nonworking day:

Provided, however, That Eidul Adha shall be celebrated as a regional holiday in the
Autonomous Region in Muslim Mindanao.

SECTION 2. All laws, orders presidential issuances, rules and regulations or part
thereof inconsistent with this Act are hereby repealed or modified accordingly.
SECTION 3. This Act shall take effect after fifteen (15) days following its
publication in at least two newspapers of general circulation.

Approved,
(SGD.) JOSE DE VENECIA JR. (SGD.) MANNY VILLAR

Speaker of the House of Representatives President of the Senate

This Act which originated in the Senate was finally passed by the Senate and the House
of Representatives on January 30, 2007 and February 7, 2007, respectively.

REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND

THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

assembled:

Section 1. Title. This Act shall be known as the Solo Parents Welfare Act of 2000.

Section 2. Declaration of Policy. It is the policy of the State to promote the family as
the foundation of the nation, strengthen its solidarity and ensure its total development.
Towards this end, it shall develop a comprehensive program of services for solo parents
and their children to be carried out by the Department of Social Welfare and
Development (DSWD), the Department of Health (DOH), the Department of Education,
Culture and Sports (DECS), the Department of the Interior and Local Government
(DILG), the Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), the National Housing Authority (NHA), the
Department of Labor and Employment (DOLE) and other related government and
nongovernment agencies.

Section 3. Definition of Terms. Whenever used in this Act, the following terms shall
mean as follows:

(a) Solo parent any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises
the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one (1) year, as long as he/she is
entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as he/she
is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or
children;

(10) Any family member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the parents or solo
parent.

A change in the status or circumstance of the parent claiming benefits under this Act,
such that he/she is no longer left alone with the responsibility of parenthood, shall
terminate his/her eligibility for these benefits.

(b) Children refer to those living with and dependent upon the solo parent for support
who are unmarried, unemployed and not more than eighteen (18) years of age, or even
over eighteen (18) years but are incapable of self-support because of mental and/or
physical defect/disability.

(c) Parental responsibility with respect to their minor children shall refer to the rights
and duties of the parents as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the Family Code of the Philippines.

(d) Parental leave shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is
required.
(e) Flexible work schedule is the right granted to a solo parent employee to vary
his/her arrival and departure time without affecting the core work hours as defined by
the employer.

Section 4. Criteria for Support. Any solo parent whose income in the place of domicile
falls below the poverty threshold as set by the National Economic and Development
Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall
be eligible for assistance: Provided, however, That any solo parent whose income is
above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of
this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. A

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

The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social development and welfare services for solo parents
and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job
placement.

(b) Counseling services which include individual, peer group or family counseling. This
will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of
abuse.

(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis
management and spiritual enrichment.

Section 6. Flexible Work Schedule. The employer shall provide for a flexible working
schedule for solo parents: Provided, That the same shall not affect individual and
company productivity: Provided, further, That any employer may request exemption
from the above requirements from the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. No employer shall discriminate against any solo
parent employee with respect to terms and conditions of employment on account of
his/her status.

Section 8. Parental Leave. In addition to leave privileges under existing laws, parental
leave of not more than seven (7) working days every year shall be granted to any solo
parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. The DECS, CHED and TESDA shall provide the
following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of
basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

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

Section 10. Housing Benefits. Solo parents shall be given allocation in housing
projects and shall be provided with liberal terms of payment on said government low-
cost housing projects in accordance with housing law provisions prioritizing applicants
below the poverty line as declared by the NEDA.

Section 11. Medical Assistance. The DOH shall develop a comprehensive health care
program for solo parents and their children. The program shall be implemented by the
DOH through their retained hospitals and medical centers and the local government
units (LGUs) through their provincial/district/city/municipal hospitals and rural health
units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. The DSWD shall
perform the following additional powers and functions relative to the welfare of solo
parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo
parents; (2) define executive and legislative measures needed to promote and protect
the interest of solo parents and their children; and (3) assess the effectiveness of
programs designed for disadvantaged solo parents and their children;

(b) Coordinate the activities of various governmental and nongovernmental

organizations engaged in promoting and protecting the interests of solo parents and
their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.
Section 13. Implementing Rules and Regulations. An interagency committee headed
by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and
DILG is hereby established which shall formulate, within ninety (90) days upon the
effectivity of this Act, the implementing rules and regulations in consultation with the
local government units, nongovernment organizations and peoples organizations.

Section 14. Appropriations. The amount necessary to carry out the provisions of this
Act shall be included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter.

Section 15. Repealing Clause. All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 16. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force
and effect.

Section 17. Effectivity Clause. This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazetteor in at least two (2) newspaper of general
circulation.

Preamble

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its
Sixty-eighth Session on 2 June 1982, and

Noting the existing international standards contained in the Termination of Employment Recommendation, 1963,
and

Noting that since the adoption of the Termination of Employment Recommendation, 1963, significant developments
have occurred in the law and practice of many member States on the questions covered by that Recommendation, and

Considering that these developments have made it appropriate to adopt new international standards on the subject,
particularly having regard to the serious problems in this field resulting from the economic difficulties and
technological changes experienced in recent years in many countries,

Having decided upon the adoption of certain proposals with regard to termination of employment at the initiative of
the employer, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention;

adopts this twenty-second day of June of the year one thousand nine hundred and eighty-two the following
Convention, which may be cited as the Termination of Employment Convention, 1982:
 PART I. METHODS OF IMPLEMENTATION, SCOPE AND
DEFINITIONS

Article 1
The provisions of this Convention shall, in so far as they are not otherwise made effective by means of collective
agreements, arbitration awards or court decisions or in such other manner as may be consistent with national
practice, be given effect by laws or regulations.

Article 2
1. This Convention applies to all branches of economic activity and to all employed persons.

2. A Member may exclude the following categories of employed persons from all or some of the provisions of this

Convention:

(a) workers engaged under a contract of employment for a specified period of time or a specified task;

(b) workers serving a period of probation or a qualifying period of employment, determined in advance and of

reasonable duration;

(c) workers engaged on a casual basis for a short period.

3. Adequate safeguards shall be provided against recourse to contracts of employment for a specified period of time

the aim of which is to avoid the protection resulting from this Convention.

4. In so far as necessary, measures may be taken by the competent authority or through the appropriate machinery in

a country, after consultation with the organisations of employers and workers concerned, where such exist, to exclude

from the application of this Convention or certain provisions thereof categories of employed persons whose terms and

conditions of employment are governed by special arrangements which as a whole provide protection that is at least

equivalent to the protection afforded under the Convention.

5. In so far as necessary, measures may be taken by the competent authority or through the appropriate machinery in

a country, after consultation with the organisations of employers and workers concerned, where such exist, to exclude

from the application of this Convention or certain provisions thereof other limited categories of employed persons in

respect of which special problems of a substantial nature arise in the light of the particular conditions of employment

of the workers concerned or the size or nature of the undertaking that employs them.

6. Each Member which ratifies this Convention shall list in the first report on the application of the Convention

submitted under Article 22 of the Constitution of the International Labour Organisation any categories which may

have been excluded in pursuance of paragraphs 4 and 5 of this Article, giving the reasons for such exclusion, and shall
 state in subsequent reports the position of its law and practice regarding the categories excluded, and the extent to

which effect has been given or is proposed to be given to the Convention in respect of such categories.

Article 3
For the purpose of this Convention the terms termination and termination of employment mean termination
of employment at the initiative of the employer.

PART II. STANDARDS OF GENERAL APPLICATION

DIVISION A. JUSTIFICATION FOR TERMINATION

Article 4
The employment of a worker shall not be terminated unless there is a valid reason for such termination connected
with the capacity or conduct of the worker or based on the operational requirements of the undertaking,
establishment or service.

Article 5
The following, inter alia, shall not constitute valid reasons for termination:

(a) union membership or participation in union activities outside working hours or, with the consent of the

employer, within working hours;

(b) seeking office as, or acting or having acted in the capacity of, a workers' representative;

(c) the filing of a complaint or the participation in proceedings against an employer involving alleged violation

of laws or regulations or recourse to competent administrative authorities;

(d) race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national

extraction or social origin;

(e) absence from work during maternity leave.

Article 6
1. Temporary absence from work because of illness or injury shall not constitute a valid reason for termination.

2. The definition of what constitutes temporary absence from work, the extent to which medical certification shall be

required and possible limitations to the application of paragraph 1 of this Article shall be determined in accordance

with the methods of implementation referred to in Article 1 of this Convention.

 DIVISION B. PROCEDURE PRIOR TO OR AT THE TIME OF
TERMINATION

Article 7
The employment of a worker shall not be terminated for reasons related to the worker's conduct or performance
before he is provided an opportunity to defend himself against the allegations made, unless the employer cannot
reasonably be expected to provide this opportunity.

DIVISION C. PROCEDURE OF APPEAL AGAINST

TERMINATION

Article 8
1. A worker who considers that his employment has been unjustifiably terminated shall be entitled to appeal against

that termination to an impartial body, such as a court, labour tribunal, arbitration committee or arbitrator.

2. Where termination has been authorised by a competent authority the application of paragraph 1 of this Article may

be varied according to national law and practice.

3. A worker may be deemed to have waived his right to appeal against the termination of his employment if he has not

exercised that right within a reasonable period of time after termination.

Article 9
1. The bodies referred to in Article 8 of this Convention shall be empowered to examine the reasons given for the

termination and the other circumstances relating to the case and to render a decision on whether the termination was

justified.

2. In order for the worker not to have to bear alone the burden of proving that the termination was not justified, the

methods of implementation referred to in Article 1 of this Convention shall provide for one or the other or both of the

following possibilities:

(a) the burden of proving the existence of a valid reason for the termination as defined in Article 4 of this

Convention shall rest on the employer;

(b) the bodies referred to in Article 8 of this Convention shall be empowered to reach a conclusion on the reason

for the termination having regard to the evidence provided by the parties and according to procedures provided

for by national law and practice.

3. In cases of termination stated to be for reasons based on the operational requirements of the undertaking,

establishment or service, the bodies referred to in Article 8 of this Convention shall be empowered to determine
 whether the termination was indeed for these reasons, but the extent to which they shall also be empowered to decide

whether these reasons are sufficient to justify that termination shall be determined by the methods of implementation

referred to in Article 1 of this Convention.

Article 10
If the bodies referred to in Article 8 of this Convention find that termination is unjustified and if they are not
empowered or do not find it practicable, in accordance with national law and practice, to declare the termination
invalid and/or order or propose reinstatement of the worker, they shall be empowered to order payment of adequate
compensation or such other relief as may be deemed appropriate.

DIVISION D. PERIOD OF NOTICE

Article 11
A worker whose employment is to be terminated shall be entitled to a reasonable period of notice or compensation in
lieu thereof, unless he is guilty of serious misconduct, that is, misconduct of such a nature that it would be
unreasonable to require the employer to continue his employment during the notice period.

DIVISION E. SEVERANCE ALLOWANCE AND OTHER INCOME

PROTECTION

Article 12
1. A worker whose employment has been terminated shall be entitled, in accordance with national law and practice,

to-

(a) a severance allowance or other separation benefits, the amount of which shall be based inter alia on length

of service and the level of wages, and paid directly by the employer or by a fund constituted by employers'

contributions; or

(b) benefits from unemployment insurance or assistance or other forms of social security, such as old-age or

invalidity benefits, under the normal conditions to which such benefits are subject; or

(c) a combination of such allowance and benefits.

2. A worker who does not fulfil the qualifying conditions for unemployment insurance or assistance under a scheme of

general scope need not be paid any allowance or benefit referred to in paragraph 1, subparagraph (a), of this Article

solely because he is not receiving an unemployment benefit under paragraph 1, subparagraph (b).

3. Provision may be made by the methods of implementation referred to in Article 1 of this Convention for loss of

entitlement to the allowance or benefits referred to in paragraph 1, subparagraph (a), of this Article in the event of

termination for serious misconduct.

 PART III. SUPPLEMENTARY PROVISIONS CONCERNING
TERMINATIONS OF EMPLOYMENT FOR ECONOMIC,
TECHNOLOGICAL, STRUCTURAL OR SIMILAR REASONS

DIVISION A. CONSULTATION OF WORKERS'

REPRESENTATIVES

Article 13
1. When the employer contemplates terminations for reasons of an economic, technological, structural or similar

nature, the employer shall:

(a) provide the workers' representatives concerned in good time with relevant information including the

reasons for the terminations contemplated, the number and categories of workers likely to be affected and the

period over which the terminations are intended to be carried out;

(b) give, in accordance with national law and practice, the workers' representatives concerned, as early as

possible, an opportunity for consultation on measures to be taken to avert or to minimise the terminations and

measures to mitigate the adverse effects of any terminations on the workers concerned such as finding

alternative employment.

2. The applicability of paragraph 1 of this Article may be limited by the methods of implementation referred to in

Article 1 of this Convention to cases in which the number of workers whose termination of employment is

contemplated is at least a specified number or percentage of the workforce.

3. For the purposes of this Article the term the workers' representatives concerned means the workers'

representatives recognised as such by national law or practice, in conformity with the Workers' Representatives

Convention, 1971.

DIVISION B. NOTIFICATION TO THE COMPETENT

AUTHORITY

Article 14
1. When the employer contemplates terminations for reasons of an economic, technological, structural or similar

nature, he shall notify, in accordance with national law and practice, the competent authority thereof as early as

possible, giving relevant information, including a written statement of the reasons for the terminations, the number
 and categories of workers likely to be affected and the period over which the terminations are intended to be carried

out.

2. National laws or regulations may limit the applicability of paragraph 1 of this Article to cases in which the number

of workers whose termination of employment is contemplated is at least a specified number or percentage of the

workforce.

3. The employer shall notify the competent authority of the terminations referred to in paragraph 1 of this Article a

minimum period of time before carrying out the terminations, such period to be specified by national laws or

regulations.

PART IV. FINAL PROVISIONS

Article 15
The formal ratifications of this Convention shall be communicated to the Director-General of the International
Labour Office for registration.

Article 16
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose

ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been

registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its

ratification has been registered.

Article 17
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on

which the Convention first comes into force, by an act communicated to the Director-General of the International

Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is

registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of

the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this

Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration

of each period of ten years under the terms provided for in this Article.
 Article 18
1. The Director-General of the International Labour Office shall notify all Members of the International Labour

Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the

Organisation.

2. When notifying the Members of the Organisation of the registration of the second ratification communicated to

him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the

Convention will come into force.

Article 19
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United
Nations for registration in accordance with article 102 of the Charter of the United Nations full particulars of all
ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 20
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the
General Conference a report on the working of this Convention and shall examine the desirability of placing on the
agenda of the Conference the question of its revision in whole or in part.

Article 21
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new

Convention otherwise provides-

(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate

denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new

revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open

to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have

ratified it but have not ratified the revising Convention.

Article 22
The English and French versions of the text of this Convention are equally authoritative.