Socleg Prelims Compilation

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I.

General Principles of Social Legislation Rights guaranteed by social justice


II. Batas Kasambahay 1. Equality of opportunity
III. Solo Parents’ Welfare Act 2. Equality of political rights
IV. HDMF/Pag-IBIG 3. Equality before the law
V. PhilHealth and Universal Health Care Act 4. Equality between values given and received
VI. Senior Citizens’ Act
Nature of the principle of social justice
SOCIAL LEGISLATION  asserts that the well-being and economic security
of all the people is the end and justice the means
What is social legislation?  the object is the common man, his social and
It is a law governing employer-employee economic uplift is its concern
relationship while the latter is “at work” due to hazards  social justice is for the deserving, whether he be a
beyond his control arising from employment which millionaire in his mansion or a pauper in his hovel
immobilize him from working.  in case of reasonable doubt, courts are called upon
It is designed to uplift and protect the welfare of the to tilt the balance in favor of the poor but not just
worker and his family, on account of the effects of because they are poor, for justice must always be
employment such as diseases, injuries, disabilities, or death. served according to the mandate of the law

Labor Law and Social Legislation distinguished BATAS KASAMBAHAY


Labor Law Social Legislation
Directly affects actual Governs the effects of RA 10361
employment, i.e. wages employment, i.e. AN ACT INSTITUTING POLICIES FOR THE PROTECTION
compensation for injuries AND WELFARE OF DOMESTICE WORKERS
and death
Designed to meet the daily Involves long-range
Declaration of policies
needs of a worker benefits
a. labor as primary social force committed to respect,
Covers employment for Covers employment for
promote, and protect fundamental principles and
profit or gain non-profit or non-gain
Affects the work of the Affects the life of the rights at work
employee employee E.g. abolition of child labor, elimination of
Benefits are paid by the Benefits are paid by all forms of forced labor, discrimination in
worker’s employer government agencies employment and occupation, trafficking
administering the b. establish decent employment and income,
program, i.e. ECC, SSS, or enhanced coverage of social protection, respect for
GSIS human rights of domestic workers
c. protect the rights of domestic workers against
Section 10, Article 2 of the 1987 Constitution: “The State abuse, harassment, violence, economic
shall promote social justice in all phases of national exploitation, and work hazardous to physical and
development.” mental health
 promotion of social justice is made mandatory, a d. ensure safe and healthful working conditions and
departure from the 1935 Constitution whose promote gender-sensitive measures
provision merely states that it should be the
concern of the state “Domestic worker” or “Kasambahay”
 any person engaged in domestic work within an
What is social justice? employment relationship
 neither communism, nor despotism, nor atomism, o general househelp, nursemaid, cook,
nor anarchy, but the humanization of the laws and gardener, laundry person
the equalization of the social and economic forces  excludes occasional or sporadic work and not on an
by the State so that justice in its rational and occupational basis
objectively secular conception may at least be  excludes children who are under foster family
approximated (Justice Laurel) arrangement, provided access to education
o promotion of the welfare of the people
o adoption of measures to insure economic Rights and privileges of the DW
stability by maintaining proper economic 1. Shall not be subject to any kind of abuse, physical
and social equilibrium in the inter- violence, or harassment
relations of the members of the 2. Basic necessities shall be provided including board,
community lodging, and medical attendance
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3. Respect for privacy at all times, to all forms of  cash only; no promissory notes, vouchers, coupons,
communication and personal effects tokens, etc.
4. Access to outside communication during free time  entitlement to 13th month pay
5. Opportunity to finish basic education and access to
alternative learning systems Leave benefits
6. All communication and information pertaining to  annual service incentive leave of 5 days with pay
the employer or members of the household shall be  the DW should have rendered at least 1 year of
privileged and confidential service
 any unused portion shall not be cumulative or
Employment contract must include the following: carried over to succeeding years nor be convertible
a. duties and responsibilities of the DW to cash
b. period of employment
c. compensation Social and other benefits
d. authorized deductions A DW who has rendered at least 1 month of service shall be
e. hours of work and proportionate additional covered by:
payment a. SSS
f. rest days and allowable leaves b. PhilHealth
g. board, lodging, and medical attention c. HDMF or Pag-IBIG
h. agreements on deployment expenses, if any d. All other benefits granted by law
i. loan agreement  Contributions shall be shouldered by employer
j. termination of employment  If wage if P5,000 and above per month, the DW shall
k. any other lawful condition agreed upon pay the proportionate share in the contributions

 DOLE shall develop a model employment contract


made available free of charge to the general public Rescue and rehabilitation of abused domestic worker
 If employment is through PEA, it shall keep a copy of all  immediately rescued by a municipal, city, or DSWD
employment contracts and be available for verification social welfare officer
and inspection by DOLE  DSWD and DILG, in coordination with DOLE, shall
develop a standard operating procedure for
Employment terms and conditions possible subsequent job placement
1. Health and safety of the DW with due consideration
of the peculiar nature of the work Termination of service
2. Daily rest period – aggregate of 8 hours per day  unjustly dismissed – shall be paid the compensation
3. Weekly rest period – at least 24 consecutive hours already earned plus the equivalent of 15 days work
a week; schedule to be agreed upon in writing as indemnity
4. No assignment to commercial, industrial, or
 leaves without justifiable reason – any unpaid salary
agricultural work at a wage lower than agricultural due not exceeding the equivalent 15 days work
or nonagricultural workers
shall be forfeited
5. Mutual agreement for the DW to temporarily
 the DW and employer may mutually agree upon
perform a task outside employer’s household for
written notice to pre-terminate the contract of
the benefit of another household with additional
employment to end the employment relationship
payment not less than the existing minimum wage
6. No interference with the freedom of any DW in the
A. Termination initiated by the domestic worker
disposal of wages
1. Verbal or emotional abuse by employer or any
7. Wages cannot be withheld by force, intimidation,
household member
2. Inhuman treatment or physical abuse
Minimum wage rate
3. Commission of a crime of offense against the DW
1. NCR – P2,500/month
4. Violation by the employer of the employment
2. Cities and first class municipalities- P2,000/month
contract
3. Other municipalities – P1,500/month
5. Any disease prejudicial to the health of the parties
Payment of wages
B. Termination initiated by the employer
 made directly to the DW at least once a month 1. Misconduct or willful disobedience by the DW
 no deductions other than those mandated by law 2. Gross or habitual neglect or inefficiency by the DW
unless allowed by the DW through written consent in the performance of duties

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3. Fraud or willful breach of the trust reposed  the mother keeps and raises the child
4. Commission of a crime or offense by the DW Q: What if the perpetrator has custody of the child?
against employer or any household member o refer to # 8
5. Violation by the DW of the employment contract Q: What if they are married then the husband raped
6. Any disease prejudicial to the health of the parties the wife?
o refer to # 5
Private Employment Agencies (PEA) *check other enumerations for requirements
The PEA shall be jointly and severally liable with 2. left alone due to death of spouse
the employer for all the wages, wage-related benefits, and 3. left alone while spouse is detained or is serving
other benefits due a domestic worker. sentence for at least 1 year
4. left alone due to physical and/or mental incapacity
The PEAs shall have the following responsibilities: of spouse
1. Ensure that the DW are not charged any 5. left alone due to legal separation or de facto
recruitment or placement fees separation for at least one year
2. Ensure that the employment agreement between  s/he is entrusted with the custody
the parties stipulates the T&Cs and all benefits 6. left alone due to declaration of nullity or annulment
3. Provide pre-employment orientation about the of marriage
rights and responsibilities of both parties  no need for the one year period
4. Keep copies of employment contracts and  s/he is entrusted with the custody
agreements, made available during inspections or 7. left alone due to abandonment of spouse for at least
whenever required one year
5. Assist the DW with complaints or grievances 8. unmarried mother/father who has preferred to
against employers keep and rear children
6. Cooperate with government agencies in rescue 9. any other person who solely provides parental care
operations of abused or exploited DW and support
 duly licensed as a foster parent by the
Penalty DSWD
 fine of not less than P10,000 but not more than  duly appointed legal guardian by the court
P40,000 10. any family member who assumes responsibility of
 without prejudice to the filing of appropriate civil head of family due to death, abandonment,
or criminal action by the aggrieved party disappearance, or prolonged absence of the
parents
SOLO PARENTS’ WELFARE ACT OF 2000  abandonment, disappearance, or absence
lasts for at least 1 year
RA 8972  any relative by consanguinity up to the
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO fourth civil degree
SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES Qualifications for support
a. the solo parent must be a resident of the area
Declaration of policy where the assistance is sought
a. promote the family as the foundation of the nation, b. whose income level is equal to or below the
strengthen its solidarity, and ensure its total poverty threshold
development
b. develop a comprehensive program of services for Procedure for termination of benefits
solo parents and their children 1. the SP shall manifest intent to withdraw the
 Rationale – raising a child alone is restraining and availment of the benefits
difficult 2. if s/he does not voluntarily manifest, the social
worker shall conduct the necessary assessment or
“Solo Parent” evaluation to ascertain if grounds for termination
 a person left alone with the responsibility of and withdrawal of benefits exist
parenthood  failure to renew identification card means
that s/he has changed status as solo parent
Categories: 3. the SP shall be informed of the result through
1. a woman who gives birth as a result of rape or written notice
crime against chastity  termination shall take effect 30 days after
 final conviction not necessary receipt of the notice of termination
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4. the SP and the children shall undergo psychosocial  DOH shall develop a comprehensive health care
counseling to prepare them for independent living program
 implemented through retained hospitals and
Flexible work schedule medical centers, or rural health units
 flexible time of arrival and time of departure
 must not affect individual and company How to avail
productivity 1. present solo parent identification card
 core working hours shall be prescribed in 2. must be below the poverty threshold
consideration of the needs of the service
 any employer may request exemption on certain HOME DEVELOPMENT MUTUAL FUND OF 2009
meritorious grounds or Pag-IBIG (Pagtutulungan sa kinabukasan: Ikaw,
Q: Is this dependent on the income of the solo parent? Bangko, Industriya, at Gobyerno)

Parental leave RA 9679


 not more than 7 working days every year, non- AN ACT FURTHER STRENGTHENING THE HOME
cumulative DEVELOPMENT MUTUAL FUND AND FOR OTHER
 in addition to leave privileges under existing laws PURPOSES

How does the solo parent avail of the leave? Declaration of state policy
1. s/he should have rendered at least 1 year of service a. establish, develop, promote, and integrate a
2. present solo parent identification card nationwide sound and viable tax-exempt mutual
3. apply or send notice to the employer provident savings system suitable to the needs of
the employed and other earning groups
Educational benefits b. motivate them to better plan and provide for their
a. scholarship programs in institutions of basic, housing needs by membership in the HDMF with
tertiary, and technical/skills education mandatory contributory support of the employers
b. non-formal education programs
Objectives
Basic requirements for availment 1. improve the quality of life of its members by:
1. solo parent identification card a. developing and promoting an integrated
2. barangay clearance nationwide mutual provident savings
3. birth certificate system
4. notice of admission from the school b. promoting home ownership through the
5. transcript of records or report card of the last year extension of affordable housing loans
the applicant attended school 2. assist the shelter industry through the extension of
developmental and institutional financing
Housing benefits 3. invest the provident savings as a means of
 liberal terms of payment on government low-cost providing benefits upon termination of
housing projects membership
4. provide small and short term loans and other
 NHA shall provide a listing of NHA projects with
assistance programs
available housing units for disposition, semi-
5. implement other programs that further promote
annually
and mobilize savings and provide additional
GR: Everyone can avail, even those not falling below poverty
resources for mutual benefit
threshold
BUT applicants below the poverty line shall be
Provident character
prioritized
 the Fund shall be private in character, owned
How to avail of housing benefit wholly by the members, administered in trust and
1. the solo parent must be eligible applied exclusively for their benefit
2. s/he must meet the qualification criteria under the  all contributions shall be credited to each member,
Urban Development and Housing Act and other accounted for individually and transferable in case
NHA eligibility criteria of change of employment
3. file the application directly with the concerned  to be paid to the member, his estate or beneficiaries
NHA project officers upon termination of membership or from which
peripheral benefits for the member may be drawn
Medical assistance
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“Total Accumulated Value”  The maximum monthly compensation shall not be
 the sum of the member’s contributions and the more than P5,000
employer’s required contributions and the  A member may be allowed to contribute more than
corresponding dividends credited thereto what is required should s/he so desires
 The employer shall only contribute what is required
Membership term unless s/he agrees to match the member’s increased
 a period of 20 years commencing from the first day contribution
of the month to which the member’s initial
contribution to the Fund Waiver or suspension of coverage
 the member shall have contributed a total of 240  by reason of nature of employment, condition of
monthly contributions at the time of maturity business, ability to make contributions and other
reasonable considerations
Mandatory coverage and membership
It shall be mandatory upon: Benefits (Rule IX, IRR)
1. All employees covered by SSS including their A. Mandatory contributory support of the employer
employers  in the spirit of social justice and pursuit of national
a. Private employee not over 60 years old, development
whether permanent, temporary, or  an employer shall not deduct, directly or indirectly,
provisional from the compensation of its employees or recover
b. Household helper earning at least P1,000 from them their contribution
a month
c. Filipino seafarer B. Acts of the employer shall not prejudice the
d. Self-employed person, regardless of trade, member
business, or occupation with an income of  failure or refusal of the employer to pay or to remit
at least P1,000 a month, not over 60 years the contributions shall not prejudice the right of
old the employee to the benefits
2. All employees covered by GSIS regardless of
employment status, including their employers C. Exemption from tax, legal process, and lien
3. Uniformed members of AFP, BFP, BJMP, and PNP 1. the Fund and all its assets and properties
4. Filipinos employed by foreign-based employers 2. all contributions and accruals, and income or
5. Spouses who devote full-time to managing the investment earnings therefrom
household and family affairs unless also engaged in 3. all supplies, equipment, papers, or documents
another vocation or employment subject to 4. all benefit payments made by Pag-IBIG
mandatory coverage • Any tax assessment against the Fund shall be null
and void
Termination of membership
1. Membership term maturity D. Dividends
2. Death  an amount not less than 70% of the Fund’s annual
3. Retirement net income shall be set aside to be paid in the form
4. Permanent total disability or insanity of dividends to members
5. Permanent departure from the country  distributed annually and credited to his TAV (only
6. Termination from the service by reason of health for members with outstanding TAV)
7. Other causes as may be provided for by the Board  all dividend earnings shall be tax-free
of Trustees
 Resignation, lay-off, or suspension from employment E. Return of contributions
shall only result to suspension of contributions  member entitled to receive his TAV upon
termination of membership less any and all
Fund generation and contributions pending obligations with the Fund
Covered employees and employers shall contribute to the  in the event of death, the member’s heirs shall
Fund based on the monthly compensation of covered receive the same
employees as follows:
a. Employees earning < P1,500 monthly – 1% F. Housing features
b. Employees earning > P1,500 monthly – 2%
 a member of good standing shall be eligible to
c. All employers – 2% of the monthly compensation
apply for housing loans taking into account ability
of all covered employees to pay

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 ensure that lower-income members obtain such - The employee’s first day of employment or
housing loans the effective date of separation
- Names of persons employed or separated
G. Benefit programs from employment
 various short term loans provided s/he satisfies - Submitted every January of each year
the eligibility requirements
Penal provisions
H. Portability of membership  Fine not less than, but not more than twice, the
 a member who transfers to another employer or amount involved or imprisonment of not more
who becomes self-employed carries with him his than 6 years or both
TAV - refusal or failure without lawful cause,
fraudulent intent to comply with
I. Optional withdrawal of contributions provisions with respect to collection and
 option to withdraw TAV on the 15th year of remittance of employee-savings and
continuous membership provided there is no employer contributions, or the correct
outstanding housing loan at the time amount due within the time set or specific
 not a ground to terminate his membership call or extension by the Fund
 the member continues to be mandatorily covered  Fine of not less than, but not more than twice the
amount involved and imprisonment of not more
J. Death benefits than 6 years
 the beneficiaries entitle to an amount to be - in case of government entities or
determined in addition to the TAV employees who fails to include in the
annual budget the amount corresponding
K. Government guarantee to the employers’ contributions or to
 government has the general responsibility for the deduct the monthly contributions of the
solvency of the Fund to guarantee benefits employee
- fails, refuses, or delays by more than 30
L. Pag-IBIG contributions are excluded from the days from the time such amount become
computation of the gross income due and demandable
 Offender is a corporation, penalty shall be imposed
Remittance of contributions upon the members of the governing board and the
 Duty of every employer to set aside and remit the President or the General Manager
contributions
 Every liable for their payment, and nonpayment is PHILHEALTH
subject to a penalty of 3% per month of the UNIVERSAL HEALTH CARE ACT
amounts payable from the date the contributions
fall due until paid RA 7875
 Mandatory and compulsory for all government AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE
entities to provide the payment of contributions in PROGRAM FOR ALL FILIPINOS AND ESTABLISHING THE
their annual appropriations PHILIPPINE HEALTH INSURANCE CORPORATION FOR
o The heads of offices and agencies shall be THE PURPOSE
administratively liable for non-remittance (National Health Insurance Act of 1995)
of the required contributions
 Contributions, where employer refuses or neglects Establishment and purpose of the National Health
to pay, shall be collected in the same manner as Insurance Program
taxes are made collectible under NIRC  provide health insurance coverage and ensure
affordable, acceptable, available, and accessible
Employment records and reports health care services for all citizens
- Each employer shall immediately report the  a means for the healthy to pay for the care of the
names, ages, civil status, occupations, salaries, and sick
dependents of its covered employees  limited to paying for the utilization of health
- Every employer shall keep true and accurate work services by covered beneficiaries or to purchasing
records in additional to the annual register of new health services
and separated employees  it shall be prohibited from providing health care
directly

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o buying and dispensing drugs and Declaration of policy
pharmaceuticals The State shall protect and promote the right of health of all
o employing physicians and other Filipinos and shall instill health consciousness among them.
professionals for the purpose of directly The State shall adopt:
rendering care a. an integrated and comprehensive approach to
o owning or investing in health care ensure all Filipinos are provided with healthy
facilities living conditions and protected from hazards and
risks
*** b. a health care model that provides access to quality
and cost-effective, promotive, preventive, curative,
RA 10606 rehabilitative, and palliative health services
AN ACT AMENDING RA 7875, OTHRWISE KNOWN AS THE without causing financial hardship
NATIONAL HEALTH INSURANCE ACT OF 1995, AS  prioritize needs of those who cannot
AMENDED AND FOR OTHER PURPOSES afford such services
(National Health Insurance Act of 2013) c. a framework that fosters a whole-of-system,
whole-of-government, and whole-of-society
Health insurance identification card and identification approach with respect to health policies, programs,
number and plans
- used for purposes of identification, eligibility, d. a people-oriented approach for delivery of health
verification, and utilization recording services centered on people’s needs and well-
- accompanied by a clear explanation to the enrollee being, cognizant of differences in culture, values,
of his rights, privileges, and obligations as a and beliefs
member
- the absence of which shall not prejudice the Objectives
right of any member to avail of benefits or a. progressively realize universal health care through
medical services under the NHIP a systematic approach and clear delineation of
roles of agencies towards better performance in
Creation of the National Health Insurance Fund the health system
It shall consist of: b. ensure that all Filipinos are
a. contribution from Program members  guaranteed equitable access to quality and
b. other appropriations earmarked by the national affordable health care goods and services
and local governments purposely for the  protected against financial risk
implementation of the Program
c. subsequent appropriations “Co-insurance”
 Section 46 - refers to a percentage of a medical charge that is
o 25% of the increment in total revenue paid by the insured, with the rest paid by the health
collected under RA 7654 insurance plan
o 25% of the incremental revenue from
the increase in documentary stamp “Co-payment”
taxes under RA 7660 - refers to a flat fee or predetermined rate at point of
 Section 47 service
o the corporation may request Congress
to appropriate supplemental funding to Two types of membership
meet targeted milestones of the 1. Direct contributors
Program - those who have capacity to pay premiums
d. donations and grants-in-aid - gainfully employed and bound by an employer-
e. all accruals employee relationship
- self-earning, professional practitioners,
*** migrant workers, including their qualified
dependents, and lifetime members
RA 11223 2. Indirect contributors
AN ACT INSTITUTING UNIVERSAL HEALTH CARE FOR ALL - all others not included as direct contributors
FILIPINOS, PRESCRIBING REFORMS IN THE HEALTH and their qualified dependents
CARE SYSTEM, AND APPROPRIATING FUNDS THEREFOR - premium shall be subsidized by the national
(Universal Health Care Act) government including those who are
subsidized as a result of special laws
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- premium subsidy shall be gradually adjusted and
Individual-based health services included annually in the General Appropriations
 services which can be accessed within a health Act
facility or remotely that can be definitively traced - DOH may request Congress to appropriate
back to 1 recipient supplemental finding to meet targeted milestones
 has a limited effect at a population level
 does not alter the underlying cause of illness such  For every increase in the rate of contribution of direct
as ambulatory and inpatient care, medicines, contributors and premium subsidy of indirect
laboratory tests and procedures, among others contributors, PhilHealth shall provide for a
 financial coverage: financed through prepayment corresponding increase in benefits
mechanisms such as social health insurance,
private health insurance, and HMO plans Penal provisions
1. Health care providers of population-based health
Population-based health services services who violate any of the provisions in its
 interventions such as health promotion, disease contracts
surveillance, and vector control - subject to sanctions and penalties under its
 recipients are population groups contracts without prejudice to right of government
 financial coverage: financed by the government to institute any criminal or civil action
through the DOH and provided free of charge at 2. Health care provider of individual-based health
point of service for all Filipinos services who commits an unethical act, abuses
authority vested, or performs a fraudulent act
Entitlement to benefits - fine of P200,000 for each count, or
 Every member shall be granted immediate - suspension of contract up to 3 months or the
eligibility for health benefit package under the remaining period of contract or accreditation, or
Program both
o PhilHealth ID shall not be required in the - imprisonment of 6 months and 1 day to 6 years
availment of any health service 3. Member who commits any violation, including the
o No co-payment shall be charged for filing of a fraudulent claim for benefits or entitlement
services rendered in basic or ward - fine of P50,000 for each count, or
accommodations - suspension from the availment of the benefits for
o Co-payments and co-insurance for not less than 3 months but not more than 6 months,
amenities in public hospitals shall be or both
regulated by DOH and PhilHealth 4. Any employer who:
 Additional Program benefits shall be provided for a. fails or refuses to register employees, deduct
direct contributors contribution from the employee’s compensation,
o Failure to pay premiums shall not prevent or remit or submit report of the same
the enjoyment of any benefits - fine of P50,000 for every violation per affected
 Employers and self-employed direct contributors employee, or
shall pay all missed contributions with an interest - imprisonment of not less than 6 months but
not more than 1 year, or both
(compounded monthly) of at least 3% for
employers and not exceeding 1.5% for self-earning, o such employer or officer shall be presumed
prima facie to have misappropriated the same
professional practitioners, and migrant workers
and is obliged to hold the same in trust and is
immediately obligated to return or remit
Premium contributions
A. Rates for direct contributors: b. deducts or recovers from the compensation of the
covered employees the employer’s own
Year Premium Rate Income Floor Income Ceiling
contribution
2019 2.75% P10,000 P50,000
2020 3.00% P10,000 P60,000 - fine of P5,000 multiplied by the total number
2021 3.50% P10,000 P70,000 of affected employees, or
2022 4.00% P10,000 P80,000 - imprisonment of not less than 6 months but
2023 4.50% P10,000 P90,000 not more than 1 year, or both
2024 5.00% P10,000 P100,000 5. Any PhilHealth director, officer or employee who:
2025 5.00% P10,000 P100,000 a. wrongfully receives or keeps funds or property
payable or deliverable to PhilHealth, and applies
B. Indirect contributors such for personal use
- liable for misappropriation of funds
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- fine equivalent to triple the misappropriated
amount per count “Senior citizen” or “elderly”
- suspension of 3 months without pay - any Filipino citizen, resident of the Philippines
b. commits an unethical act, abuse of authority, or - 60 years old or above
performs a fraudulent act - applies to dual citizens provided they prove their
- fine of P200,000, or Filipino citizenship and have at least 6 months
- suspension for 3 month without pay, or both residency in the Philippines
- imprisonment for 6 months and 1 day up to 6
years Privileges for the senior citizens (Rule IV, IRR)
6. Other violations A. OSCA-issued Senior Citizens’ Identification Card
- fine of not less than P5,000 but not more than - proof of eligibility for availment of benefits
P20,000 B. 20% discount and VAT exemption
- on the sale of goods and services from all
EXPANDED SENIOR CITIZENS’ ACT OF 2010 establishments for the exclusive use and
enjoyment or availment of senior citizens
RA 9994 1. Medical related privileges
AN ACT GRANTING ADDITIONAL BENEFITS AND a. Medicine and drug purchases
PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING b. Essential medical supplies,
RA 7432, AS AMENDED, OTHERWISE KNOWN AS AN ACT accessories, and equipment
TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS c. Medical and dental services in private
TO NATION BUILDING, GRANT BENEFITS AND SPECIAL facilities
PRIVILEGES AND FOR OTHER PURPOSES d. Professional fees of attending
physicians and licensed health
Declaration of policy workers providing home health care
a. in matters relating to care, health, and benefits of services
the elderly, adopt and integrated and 2. Domestic transportation privileges
comprehensive approach to health development a. Fare for domestic air and sea travel
 make essential goods, health and other social b. Fare in public railways, buses,
services available to all people at affordable costs jeepneys, taxi, shuttle services
giving priority for the needs of the 3. Hotels, restaurants, recreational
underprivileged sick, elderly, disabled, women centers, and places of leisure, and
and children funeral services
b. the state may help through just programs of social a. Hotels and similar lodging
security even though the family has the duty to take establishments
care for its elderly members - room accommodation and other
amenities such as hotel-based
Objectives parlors and barbershops, spa,
a. recognize the rights of the senior citizens and make gyms, pools, etc.
them a concern of the family, community, and the - includes beach and mountain
government resorts
b. support the improvement of the total well-being of b. Restaurants
the elderly and their full participation as an integral - for dine-in services, personally
part of the society availed by the senior, no proxies
c. motivate and encourage the senior citizens to - for senior’s personal
contribute to nation building consumption only, not applicable
d. encourage their families and the communities they to “children’s meals”
live in to reaffirm and apply the valued Filipino - not applicable to pre-contracted
traditions of caring for the senior citizens party packages or bulk orders
e. provide a comprehensive health care and - applies to take-out, take-home,
rehabilitation system for senior citizens with drive-thru, and delivery orders
disability to foster their capacity to attain a more - the Most Expensive Meal
meaningful and productive ageing Combination (MEMC) shall apply
f. recognize the important role of the private and to food purchases; most
non-government sector in the improvement of the expensive, biggest single-serving
welfare of senior citizens and to actively seek their meal with beverage
partnership 4. Recreation centers
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- fees, charges, and rental for sports - monthly consumption not exceeding 100kWh
facilities and equipment of electricity and 30m’ of water
- venues for ballroom dancing, yoga, 2. 50% discount
badminton courts, etc. - all electricity, water, and telephone
- country clubs not open to the public consumption for DSWD-accredited senior
are not mandated to give the discount citizen centers and residential care institutions
however, food not consumable items or group homes, government-run or by non-
under club membership dues and stock, non-profit domestic corporations
independent concessionaries must - must have been in operation for at least 6
grant the discount months and must have a separate meter for
5. Admission fees privilege said utilities or services
- theaters, cinema houses and concert
halls, circuses, carnivals, museums, Employment of senior citizens
parks - those who have capacity and desire to work or be
6. Funeral and burial services re-employed
- beneficiary who shoulders the - private entities that employ seniors will be entitled
expenses shall claim the discount to additional deduction from their gross income,
upon presentment of death certificate equivalent to 15% of to the total amount paid as
- covers purchase of casket or urn, salaries and wages to seniors
elbalming, hospital morgue, transport - the employment shall continue for a period of at
of the body least 6 months
- excludes obituary publication and - the net annual income of the senior does not exceed
cost of memorial lot the poverty level for that year
C. Credit card payments
D. No double discounts Incentive for foster care
- in purchase of goods and services on promotional - institutions shall be entitled to realty tax holiday
discount, senior can avail of such or the 20% for the first 5 years starting from the 1st year of the
discount, whichever is higher and more favorable operation and/or implementation of foster care
- if also a PWD, the senior shall use either his OSCA program
or PWD ID to avail of the 20% - given priority in the construction or maintenance
E. Tax deductions of roads leading to such home, residential
- the establishment may claim the discounts as tax community, or retirement village
deductions based on the cost of goods or services
F. Other privileges Violations in discounted medicine purchases
1. Income tax exemption 1. A senior or his/her representative or a person
2. Exemption from training fees for socio-economic misusing the privileges by:
programs conducted by private and government a. using several purchase booklets
agencies b. availing of discounts to buy medicines,
3. Free medical and dental services in government medical accessories, and supplies not for
facilities the use of the senior
4. Free vaccination for indigent senior citizens c. unauthorized use of ID
5. Educational assistance through provision of 2. A medical practitioner giving prescription to
scholarships, grants, financial aids, subsidies, and other persons in the name of the senior or
other incentives giving anomalous prescription
6. Benefits and privileges for retirees 3. Retailers and establishments dispensing
7. Privileges on granting special discounts in special medicines:
programs a. refusing to grant 20% discount and VAT
8. Express lane privileges in all private, banking, exemption if paid via credit card
commercial, and government establishments b. making distinction between branded and
G. Utility discounts generic drugs and medicines in giving the
1. 5% discount 20% discount
- monthly water and electricity by households c. posting notices that the availment of the
with senior citizens 20% discount is limited to cash purchases
- individual meters registered in the name of the d. limiting discountable drugs and medicines
senior citizen residing there to certain weekdays only

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e. restricting purchase time or period after a
certain hour

Violations in discounted food purchases


1. Pegging a maximum amount of food purchase
2. Refusal to grant the discount on take-out, take-
home, drive-thru, and delivery orders it appearing
that the purchase is for the exclusive use and
enjoyment of seniors

Penalties
Any person who refuses to honor the senior citizen card or
violates any provision of the Act:
1. First violation – fine of not less than P100,000 but
not exceeding P200,000 and imprisonment for not
less than 2 years but not more than 6 years
2. Any subsequent violation – fine of not less than
P100,000 but not exceeding P200,000 and
imprisonment for not less than 2 years but not
more than 6 years
3. Any person who abuses the privileges - fine of not
less than P50,000 but not exceeding P100,000 and
imprisonment for not less than 6 months
4. Offender is an alien – deported immediately
5. Offender is a corporation, partnership, or
organization, the officials directly involved shall be
liable
6. Business permit, permit to operate, or franchise
granted to any person, establishment, or business
entity that fails to abide with the provisions may be
cancelled or revoked

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