SOCIAL SECURITY SYSTEMS LAW (RA currently employed actively paying

8282 AMENDED) SOCIAL SECURITY ACT SSS member and who devotes his
OF 2018 (RA 11199) time fully in the management of his
household and family affairs.
Purpose:
 Provides income support to Who are self-employed members?
government/private sector 1. Self-employed professionals
employees and their families in licensed by the PRC or Lawyers
times of contingencies like death, old 2. Partners and single proprietors of
age, sickness, and disability arising businesses
from work, and are financed out of 3. Actors and actresses, directors,
the contribution of members and scriptwriters and news
their employers. correspondents (do not fall under the
term employee in Section 8)
Who are covered by this law? 4. Professional athletes, coaches,
trainers licensed by the PAGCOR as
Compulsory basis: well as jockeys and trainers licensed
by the Philippine Racing
Following persons who are not over 60 Commission
years old:
 All workers in the private sector Who are not covered by this Act?
 All self-employed with a monthly net 1. Purely casual employees
of at least 1000 2. Employees serving on an alien
 All household helpers with a monthly vessels outside the Philippines
income of at least 1000 3. Employees of the PH Government or
 All Filipino seafarers any instrumentalities and agencies
 All employees of a foreign 4. Employees of foreign government,
government, IO, and wholl owned IO, and their wholly owned
instrumentality based on the instrumentalities
Philippines 5. Temporary employees, if excluded
by SSC regulation
Voluntary basis:
 Parent, spouse or child below 21 Who are the legal dependents of
years old, of the owner of a single members?
proprietorship business  Legitimate parents
 Members who have been separated o Wholly dependent upon the
from employment and who would covered employee for regular
like to continue paying his support
contributions  Legitimate spouse
 OFWs employed in a country who o Dependent for support upon
signed bilateral agreement with Ph the employee
government to include Filipinos and  Legitimate, legitimated or legally
their nationals in the social security adopted child
coverage of either country o who is unmarried
 Filipinos recruited by a foreign- o Not gainfully employed
based employer abroad or o Not over 21 or 21 years old
legitimately entered the foreign o Congenitally incapacitated
country and incapable of self-
 Persons who have not yet been an support, physical or mental
SSS member who is married to a
Who are the beneficiaries?  Compensable confinement or
fraction thereof
Primary Beneficiaries  To be paid by his employer or the
 Dependent spouse until he SSS
remarries  If unemployed: an allowance
 Dependent children equivalent to 90% of his average
daily salary credit
Secondary Beneficiaries
 Dependent parents Maternity Benefits
 Legitimate descendants and  Daily cash allowance granted to a
illegitimate children female member who is unable to
 Any other person designated by the work due to childbirth or
covered employee as secondary miscarriage/emergency termination
beneficiary of pregnancy
Covered female employees have paid at
Obligations of the Employer least 3 monthly maternity contribution in 12
1. To make timely reports of month period preceding the semester of
employees’ coverage childbirth, abortion, or miscarriage; currently
2. To make timely remittance of employed:
premiums  Daily maternity benefit equivalent to
***Employer who fails to remit the deduction 100% of her present basic salary,
for SSS within 30 days shall be presumed to allowances, and other benefits for 60
have misappropriated such contribution days

SSS Benefits Retirement Benefits

 Social Security and Employees’
Compensation (EC) Programs in the
event of death, disability, sickness,
maternity, and old age.
 Replacement of income lost on
account of aforementioned
contingencies.  of the retirement; 60 years old and is not
Benefits under SS Program:
1. Sickness
2. Maternity
3. Retirement
4. Disability
5. Death  when he was 57 years old
6. Funeral
7. Unemployment
Sickness Benefits:
 Daily cash allowance paid for the
number of days a member is unable
to work due to sickness or injury
Employee who has paid at least 3 monthly
contributions in the 12th month period
preceding the semester of sickness;
confined more than 3 days in a hospital:
 Cash benefit paid either in monthly
pension or as lump sum to a
member who can no longer work
due to old age
Employee have paid at least 100 12
monthly contributions prior to the semester
receiving monthly compensation of at least
300; and, 65 years old is entitled to monthly
pension:
 Dependents: born before his
retirement of a marriage subsisting
Disability Benefits
 Cash benefits granted either as a
monthly pension or a lump sum
amount to a member who becomes
permanently disabled, either partially
or totally.
If disability occurred after paying at least 36
monthly contribution:
 Monthly pension
If disability occurred before paying 36
monthly contributions
  Lump-sum benefit equivalent to 35
times the monthly pension
The minimum disability benefit shall not be
less than the total contributions paid by him
and his employer
Permanent disability; without having to paid
at least 3 monthly contributions:
 Minimum benefit
o Received a lump-sum benefit
o Re-employed not earlier than
one year from the date of his
disability
Unemployment Benefits
 Cash benefit granted to covered
employees, including kasambahays
and OFWs (sea-based and land-
based) who are involuntarily
separated from employment
Under compulsory coverage; separted from
employment:
 Obligation to pay shall cease at the
end of the month of separation
 But shall be credited with all
contributions paid
 He may continue to pay the total
contributions to maintain his right to
full benefit
Funeral Benefits
 Cash benefit is given to whoever
paid for the burial expenses of the
deceased member.
Death of covered member; permanently
totally disabled employee; retiree: A funeral
grant of 2000 shall be paid to help defray
the cost of funeral expenses
Death Benefits
 Cash benefit granted either as
monthly pension or a lump sum
amount to the beneficiaries of a
deceased member
Death of primary beneficiary/ies of the
deceased member who has paid at least 26
monthly contributions prior to the semester
of death.
GOVERNMENT SERVICE INSURANCE
SYSTEM LAW (REPUBLIC ACT 8291)
AMENDED PD NO. 1146
GSIS members are entitled to an array of
social security benefits, such as life
insurance benefits, separation or retirement
benefits, and disability benefits.
GSIS is also the administrator of the
General Insurance Fund by virtue of RA 656
(Property Insurance Law). It provides
insurance coverage to government assets
and properties that have government
insurable interests.
Coverage and exclusions
The GSIS covers all government workers
except:
 Members of the Judiciary and
Constitutional Commissions who are
covered by separate retirement
laws;
 Contractual employees who have no
employee-employer relationship with
their agencies;
 Uniformed members of the Armed
Forces of the Philippines and the
Philippine National Police, including
the Bureau of Jail Management and
Penology and the Bureau of Fire
Protection.
Does not include: Barangay and
Sanggunian officials who are not receiving
fixed monthly compensation (Source RIRR)
Does not include: Employees who do not
have monthly regular hours of work and are
not receiving fixed monthly compensation
(RIRR)
Dependents and Beneficiaries
The primary beneficiaries shall be the
following:
 1. The legitimate spouse, until he/she
re-marries, or co-habits/engages in
common-law relationship; and
2. The dependent legitimate, legally
adopted or legitimated children,
including illegitimate children, who
have not reached the age of
majority, or, have reached the age of
majority but incapacitated and
incapable of self-support due to a
mental or physical defect acquired
prior to age of majority.
The secondary beneficiaries shall be the
dependent parents and, subject to the
restrictions on dependent children, the
legitimate descendants.
In the absence of primary and secondary
beneficiaries, the legal heirs, as defined
under the Rules on Succession, New Civil
Code of the Philippines, shall receive the
applicable cash benefit depending on the
eligibility of the deceased member or
pensioner.
The cap on the amount of basic survivorship
pension is fifty percent (50%) of the current
Step 8Â salary of an Undersecretary,
pursuant to the Salary Standardization Law
and its amendments.
Disqualification from Survivorship:
 The payment of survivorship pension
to the surviving dependent spouse
shall be discontinued when he/she
re-marries or cohabits/engages in
common-law relationship.
 On the other hand, the dependent
children shall be disqualified from
receiving the survivorship pension
once he/she reaches the age of
majority.
Benefits:
1. Life Insurance
2. Retirement
3. Separation
4. Unemployment
5. Disability
6. Survivorship
7. Funeral
8. Employees Compensation
Life Insurance
All members of GSIS have compulsory life
insurance coverage classified into two
types:
1. Life Endowment Policy (LEP).
GSIS started with the LEP program.
Designed to provide members with
life insurance coverage while still in
active service, LEP provides
maturity benefits to policy holders
upon reaching the maturity of their
policy.
2. Enhanced Life Policy (ELP). ELP
took effect on August 1, 2003. It
provides an automatic yearly
insurance coverage to new
members of GSIS based on their
monthly compensation. ELP is
designed to provide an enhanced
death benefit for the family of the
deceased member.
The following members are covered under
this program:
 Those who entered the service
starting August 1, 2003;
 Those whose policies matured on or
after July 31, 2003, and who will
continue to be active members after
the maturity date; and
 Those who opted or will opt to
convert their LEP into ELP.
Retirement under RA 8291
Retirement under RA 8291  may be availed
by those who have rendered at least 15
years of service in government and must be
at least 60 years of age upon retirement. 
Also, they must not be permanent total
disability pensioners.

The last three years of service  need not  be
continuous under RA 8291.
 Retirement Packages
Option 1: 5-Year Lump Sum and Old Age
Pension
Under this option, retirees can get their five-
year pension in advance. The lump sum is
equivalent to 60 months of the Basic
Monthly Pension (BMP) payable at the time
of retirement. After five years, retirees will
start receiving their monthly pension.
Option 2: Cash payment and Basic Monthly
In option 2, retirees will receive a Cash
Payment equivalent to 18 times the Basic
Monthly Pension (BMP) payable upon
retirement and then a monthly pension for
life, payable immediately after retirement
date.
BMP is computed as follows:
A. If period with paid premiums is less
than 15 years:
BMP = .375 x RAMC (Revalued Average
Monthly Compensation)
B. If period with paid premiums is 15
years and more:
BMP = .375 x RAMC BMP = .025 x RAMC x
Period with Paid Premiums
BMP, however, shall NOT exceed 90% of
the Average Monthly Compensation.
RAMC stands for Revalued Average
Monthly Compensation and is computed as
follows :
RAMC=Php700 + AMC (Average Monthly
Compensation)
AMC=Total Monthly Compensation received
during the last 36 months of service divided
by 36
Retirement under RA 7699
Under RA 7699, otherwise known as the
Portability Law, government retirees who do
not meet the required number of years
provided under PD 1146 and RA 8291 may
still avail themselves of retirement and other
benefits.
Under this law, retirees may combine their
years of service in the private sector
represented by contributions to the Social
Security System (SSS) with their
government service and contributions to the
GSIS to satisfy the required years of service
under PD 1146 and RA 8291.
However, if retirees have already satisfied
the required years of service under the
GSIS retirement option they have chosen,
they would not be allowed to incorporate
their  contributions to the SSS anymore for
availment of additional benefits.
In case of death, disability and old age, the
periods of creditable services or
contributions to the SSS and GSIS shall be
added to entitle retirees to receive the
benefits under either PD 1146 or RA 8291.
If qualified under RA 8291, all the benefits
shall apply EXCEPT the cash payment. The
Portability Law provides that only benefits
common to both Systems (GSIS and SSS)
shall be paid. Cash payment is NOT
included in the benefits provided by the
SSS.
Separation Benefits
The Separation benefit is given to
employees who have not reached the
retirement age of 60 but have been
separated from the service. The benefit can
either be in the form of cash payment or
both cash payment and pension.
Eligibility and Benefits
1. If the member has been in the
service for at least three years but
less than 15 years, and below 60
years of age:
Cash payment equivalent to 100% of the
Average Monthly Compensation (average
salary in the last three years) for every year
of service payable upon reaching age 60.
2. If the member has been in the
service for at least 15 years and is
below 60 years of age:
Cash payment equivalent to 18 times the
Basic Monthly Pension (BMP) payable upon
separation and monthly pension for life
starting at age 60.
BMP= (.025) x (AMC +700) x Period with
Paid Premiums
Unemployment Benefits
The unemployment benefit is paid when
permanent government employees who
have paid the required 12 months integrated
contributions under RA 8291 are 
involuntarily separated from the service as a
result of the abolition of their office or
position usually resulting from
reorganization. The benefit is in the form of
monthly cash payments equivalent to 50%
of the average monthly compensation
(AMC). The duration of the benefit depends
on the length of service and ranges from
two months to a maximum of six months.
The unemployment benefit shall be paid in
accordance with the following schedule:
1. If the contributions have been made
for a period of one year but less than
three years, the benefit duration is
for two months;
2. If the contributions have been made
for a period of three or more years
but less than six years, the benefit
duration is for three months;
3. If the contributions have been made
for a period of six years or more but
less than nine years, the benefit
duration is for four months;
4. If the contributions have been made
for a period of nine years or more
but less than 11 years, the benefit
duration is for five months; and
5. If the contributions have been made
for a period of 11 years or more but
less than 15 years, the benefit
duration is for six months.
Disability
Kinds of Disability (GSIS)
A. Permanent Total Disability,
B. Permanent Partial Disability, and
C. Temporary Total Disability
Permanent Total Disability (PTD) –
disability due to injury or disease causing
complete, irreversible and permanent
incapacity that will permanently disable a
member to work or to engage in any gainful
occupation resulting to loss of income. The
following disabilities are deemed total and
permanent.
Elligibilities:
 In the service at the time of
disability; or
 If separated from the service, have
paid at least 36 months contributions
within the five year period
immediately preceding the disability;
or have paid a total of at least 180
months contributions prior to the
disability;
Provided that:
  Gainfully employed prior to the
commencement of disability
resulting in loss of income;
 Not a registered member of any
social insurance institution; and
 Not receiving any other pension
either from GSIS or another local or
foreign institution or organization
Members who become permanently and
totally disabled are entitled to the monthly
income benefits for life equivalent to the
basic monthly pension (BMP) effective from
the date of disability.  In addition to the
monthly income benefits for life, a cash
payment equivalent to 18 times the basic
monthly pension (BMP), will be paid to
members who were in the service at the
time of the permanent total disability and
who have paid a total of 180 monthly
contributions.
Separated members who have at least
three years of service and become
permanently and totally disabled but have
not paid a total of at least 180 monthly
contributions prior to the disability are
entitled only to cash payment equivalent to
100% of  their average monthly
compensation for each year of service with
paid contributions but not less than twelve
thousand pesos (Php12,000.00).
Permanent Partial Disability (PPD) –
arises due to the complete and permanent
loss of the use of any of the following
resulting to the disability to work for a limited
period of time.
Eligibility:
 In the service at the time of
disability; or
 If separated from the service, have
paid at least 36 months contributions
within the five year period
immediately preceding the disability;
or have paid a total of at least 180
months contributions prior to the
disability.
The period of entitlement to PPD benefit is
determined after due medical evaluation;
but such period of entitlement to the benefit
will not exceed 12 months for the same
contingency. Only the leave of absence/s
without pay incurred during the period of
entitlement, duly certified by the authorized
officer of the agency where members are
employed,  is compensable.
The amount of PPD benefit is  computed by
dividing the BMP by 30 days and multiplying
the quotient by the number of compensable
calendar days of leave of absence without
pay (LWOP).
Temporary Total Disability (TTD) –
accrues or arises when the impaired
physical and/or mental faculties can be
rehabilitated and/or restored to their normal
functions, but such disability will result in
temporary incapacity to work or to engage
in any gainful occupation.
Eligibility:
In the service at the time of disability; or
If separated from the service, have paid at
least 36 months contributions within the five
year  period immediately preceding the
disability; or have paid a total of at least 180
months contributions prior to the  disability;
However:
 Gainfully employed prior to the
commencement of disability
resulting in loss of income;
 Not a registered member of any
social insurance institution; and
 Not receiving any other pension
either from GSIS or another local or
foreign institution or organization.
Benefit:
The period of entitlement to TTD benefit is
determined after due medical evaluation
and proof of actual loss of work resulting in
loss of income by way of the incurred actual
number of days of leave of absence/s
without pay duly certified by the authorized policies on the maximum amount of
officer of the agency where members are survivorship pension.
employed; but such period of entitlement to
the benefit should not exceed 120 days in Coverage:
one calendar year.

However, if the disability requires more 1. All primary and secondary

extensive treatment that lasts beyond 120 beneficiaries residing in the
days, the payment of TTD may be extended Philippines or abroad who are
by GSIS but not to exceed a total of 240 existing survivorship pensioners or
days. Only the leave of absence/s without claiming for survivorship benefit;
pay incurred during the period of entitlement 2. Those who were receiving
is compensable. survivorship benefits but were
suspended when the policy on the
Entitlement, however, starts from the fourth same was amended and
day of the disability. The amount of TTD implemented in August 2009; and
benefit is computed by multiplying 75% of 3. Those who applied for survivorship
the daily salary of members by the number benefits but were disapproved due
of days of disability based on the medical to the issuance/approval of
evaluation but not to exceed 240 days for Management Implementing
the same contingency. However, the Guidelines (MIG) 01-2009 dated
computed daily salary shall not be less than October 22, 2009 that took effect as
Php70.00 but not to exceed Php340.00 per early as August 2009, and MIG 04-
day. 2010 dated April 26, 2010.

Survivorship Benefits Funeral Benefits

The new basic survivorship pension (BSP)
payable to the surviving spouse is
equivalent to 50% of the basic minimum
pension received by the deceased member
or pensioner. However, the maximum limit
for survivorship pension should not exceed
Step 8 of the current salary of an
undersecretary under the Salary
Standardization Law.
The dependent’s pension for the children of
the deceased member is equivalent to 10%
of the basic minimum pension payable until
the age of majority. Payment of BSP to the
dependent spouse shall be discontinued in
case the latter remarries, cohabits or
engages in a common-law relationship.
When members or pensioners die,  their
beneficiaries are entitled to cash and/or
pension benefits, subject to the existing
rules and regulations on survivorship and
GSIS provides a Php30,000 funeral benefit 
to the following:
An active member;
1. A member who has been separated
from the service but who is entitled
to future separation or retirement
benefit;
2. An member who is an old age
pensioner;
3. A retiree who at the time of his
retirement was of pensionable age
under RA 8291 but who opted to
retire under RA 1616; and
4. A member who retired under RA
1616 prior to the effectivity of RA
8291 with at least 20 years of
service, regardless of age.
The benefit is payable to the members of
the family of the deceased, according to the
following priorities:

1. Legitimate spouse
2. Legitimate child who spent for the
funeral services, or
3. any other person who can show
unquestionable proof of his having
borne the funeral expenses of the
deceased.
Employees’ Compensation
The employees’ compensation benefit (or
disability benefit) is a compensation
package for public and private sector
employees and their dependents in the
event of work-related injury, sickness,
disability or death.
EC is a purely employer-based contribution
benefit. Thus, employees do not contribute
any amount to the program. GSIS
administers the employees compensation
(EC) fund as provided for under  employment,
Presidential Decree No. 626.
Elligibilities
1. Injury must be the result of accident
arising out of and in the course of
employment
2. Sickness must be listed /considered
an “occupational disease”; or even if
not listed as one,   it must be shown
that the risk of contracting the
sickness is increased by the
working  conditions
3. Disability/Death is caused by work-
connected injury or sickness
ANTI-SEXUAL HARASSMENT ACT (RA
7877) AND THE SAFE SPACES ACT (RA
11313)
ANTI-SEXUAL HARASSMENT (RA 7877)
Work, Education, or Training Related
Sexual Harassment is:
1. Commited by an employer,
employee, manager, supervisor,
agent of the employer, teacher,
instructor, professor, coach, trainer,
or any other person
2. Who, having authority, influence or
morral ascendancy over another in a
work or training or education
environment
3. Demands, requests or otherwise
requires any sexual favor from the
other, regardless of whether the
demand, request or requirement for
submission is accepted by the object
of said act.
***It is not necessary that the demand,
request, or requirement of a sexual favor be
articulated in a categorical oral or written
statement.
How is Sexual Harassment committed?
Work-related or employment:
1. The sexual favor is made as a
condition in the hiring or in the
re-employment or
continue employment of said
individual, or in granting said
individual favorable compensation,
terms of conditions, promotions, or
privileges
2. The refusal to grant the sexual favor
results in limiting, segregating, or
classifying the employee which in
any way would discriminate, deprive,
or diminish employment
opportunities or otherwise adversely
affect said employee
3. The above acts would impair the
employee’s rights or privileges under
existing labor laws
4. The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
In Education or Training Environment:
1. Against one who is under the care,
custody or supervision of the
offender
 2. Against one whose education,
training, apprenticeship or tutorship
is entrusted to the offender
3. When the sexual favor is made a
condition to the giving of passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance, or other benefits,
privileges, or consideration
4. When the sexual advances result in
an intimidating hostile or offensive
environment for the student, trainee,
or apprentice
Mandate of RA 7877
- The employer must provide the
procedures for the resolution,
settlement, or prosecution of acts of
sexual harassment
- Creation of a committee on decorum
and investigation of cases on sexual
harassment
- Work-related: the committee shall
be composed of at least 1
representative each from the
management, the union, if any, the
employees from the supervisory
rank, and from the rank and file
employees.
- Education or training: at least 1
representative from the
administration, the trainors,
instructors, professors, or coaches
and students or trainees, as the
case may be
Penalty:
- Guilty: Imprisonment of not less than
1 month nor more than 6 months
- Fine not less than 10,000 nor more
than 20,000
Civil Liability:
- Damages resulting from sexual
harassment may be separately and
independently instituted
- Employer or head of office,
educational or training institution
shall be solidarily liable for damages
arising from the acts of sexual
harassment committed in the
employment, education, or training
environment if the employer or head
of office, educational or training
institution is informed of such acts by
the offended party and no immediate
action is taken.
Safe Spaces Act (RA 11313)
- Addresses gender-based sexual
harassment in public areas such as
streets, privately-owned places open
to public, and public utility vehicles,
among others.
- Extend the protection to cyberspace
and provide for prohibited acts and
their corresponding penalties
Section 2. Declaration of Policies:
- Women must have equality, security,
and safety everywhere, including the
streets, public spaces, online, and
most especially educational and
training instutions.
Article I-V. Sexual Harassment in Different
Spaces
- Whether it is in the workplace,
school, public areas, and
virtual/online platforms, everyone is
entitled to safe spaces.
- These spaces must be free from
unwanted sexual advances of any
kind whether be done verbally,
physically, or with the use of
technology.
- This includes catcalling, sharing
unsolicited photos, demanding for
sexual favors, and the like.
Section 28. Remedies and Psychological
Counseling
 - Victims may avail appropriate
remedies provided for under the law
as well as psychological counseling
services with the aid of the LGU and
the DSWD, in coordination with the
DOH and the PCW.
- Fees charged for the victims’
availment shall be shouldered by the
perpetrators.
Section 33. Educational Modules and
Awareness Campaigns
- All schools, from elementary to
tertiary, should provide proper
education to their students about the
Safe Spaces Act and how they can
act on all forms of gender-based
harassment committed against
them.
Gender-based Sexual Harassment in
Streets and Public Spaces:
- Cursing, wolf-whistling, catcalling,
leering and intrusive gazing,
taunting, unwanted invitations,
misogynistic, transphobic, and sexist
slurs
- persistent unwanted comments on
one’s appearance
- relentless requests for one’s
personal details such as name,
contact and social media details or
destination
- the use of words, gestures, or
actions that ridicule on the basis of
sex, gender or sexual orientation,
identity and/or expression including
sexist, homophobic, and transphobic
statements and slurs
- the persistent telling of sexual jokes,
use of sexual names, comments,
and demands, and
- any statement that has made an
invasion on a person’s personal
space or threatens the person’s
sense of personal safety.
Penalty:
1st offense: 1,000 and 12 hours of
community service inclusive of attendance
to a Gender Sensitivity Seminar
2nd offense: arresto menor (Fine: 3,000)
3rd offense: arresto menor (Fine: 10,000)
Gender-based Sexual Harassment in
Streets and Public Spaces:
- Making offensive body gestures at
someone, exposing private parts for
the sexual gratification of the
perpetrator with the effect of
demeaning, harassing, threatening,
or intimidating the offended party
including flashing of private parts,
public masturbation, groping, and
similar lewd sexual actions.
Penalty:
1st offense: 10,000 and 12 hours of
community service inclusive of attendance
to a Gender Sensitivity Seminar
2nd offense: arresto menor (Fine: 15,000)
3rd offense: arresto mayor (Fine: 20,000)
Gender-based Sexual Harassment in
Streets and Public Spaces:
- Stalking, any of the acts mentioned
above when accompanied by
touching, pinching or brushing
against the body of the offended
person
- Any touching, pinching, or brushing
against the genitalia, face, arms,
anus, groin, breasts, inner things,
buttocks, or any part of the victim’s
body even when not accompanied
by acts mentioned above.
Penalty:
1st offense: arresto menor (Fine: 30,000)
includes community service inclusive of
attendance to a Gender Sensitivity Seminar
2nd offense: arresto mayor (Fine: 50,000)
3rd offense: arresto mayor (Fine: 100,000)
Gender-based Online Sexual Harassment
Penalty:
- Prision correccional (Fine: 100,000
to 500,000)
Gender-based Sexual Harassment in the
workplace and educational or training
institutions
Penalty:
- Administrative penalties as provided
for by the employer’s Committee on
Decorum and Investigation, and
without prejudice to other applicable
criminal violations and penalties.
Failure of employees or school heads to
implement their duties under the Safe
Spaces Act
Penalty:
- Fine of 5,000 to 10,000
Failure of employees or school heads to
take action on reported acts of gender-
based sexual harassment committed in the
workplace or in the educational institution
- Fine of 10,000 to 15,000
***LGUs are mandated to pass ordinances
localizing the applicability of the Safe Space
Act
- With regard to online cases, the task
falls on the Anti-Cybercrime Group
of the PNP (PNPACG)
- MMDA, PNP, and the WCPD of the
PNP have been given the task of
apprehending violators of the law
Expanded Coverage
- Acts committed between peers, by a
subordinate to a superior officer, by
a student to a teacher, or by a
trainee to a trainer are now covered
as punishable sexual harassment.
THE SENIOR CITIZENS ACT REPUBLIC
ACT NO. 7432
Senior Citizens:
- Refers to any Filipino who is a
resident of the Philippines, and who
is, 60 years old and above
- It may apply to senior citizens with
“dual citizenship” status provided
that they prove their Filipino
Citizenship and have at least 6
months residency in the Philippines
Declaration of Policies and Objectives:
Constitutional Provisions
- It is the duty of the family to take
care of its elderly members while
State may design programs of social
security for them
- The State shall provide social justice
in all phases of national
development
- The State shall adopt an integrated
and comprehensive approach to
health development which shall
endeavor to make essential goods,
health, and other social services
available to all the people at
affordable cost
- There shall be priority for the needs
of the underprivileged, sick, elderly,
disabled women and children
Declared Policies:
- To motivate and encourage the
senior citizens to contribute to nation
building
- To encourage their families and
communities they live with to
 reaffirm the valued Filipino tradition
of caring for the senior citizens.
These act aims to:
1. Establish mechanism whereby the
contribution of the senior citizen are
maximized
2. Adopt measures whereby our senior
citizens are assisted and
appreciated by the community as a
whole
3. Establish a program beneficial to the
senior citizens, their families and the
rest of the community that they
serve.
Privileges for the Senior Citizens:
a. 20% discount from all establishment
relative to utilization of transportation
services, hotels, and similar lodging
establishment, restaurants and
recreation centers and purchase of
medicines anywhere in the country
b. 20% discount on admission fees
charged by theaters, cinema houses
and concert halls, circuses,
carnivals, and other similar places of
culture, leisure, and amusement
c. Exemption from the payment of
individual income taxes; provide that
their annual taxable income does not
exceed the poverty level
d. Exemption from training fees for
socioeconomic programs
undertaken by the OSCA as part of
its work
e. Free medical and dental services in
government establishment subject to
DOH and SSS guidelines
f. To extent practicable and feasible,
the continuance of the same benefits
and privileges given by the GSIS,
SSS, Pag-IBIG
Assistance for those caring and lving with
the SC:
a. SCs shall be treated as dependents;
hence, individual taxpayers caring
for them will be accorded privileges
granted by the Tax Code
b. Individuals or non-governmental
institutions establishing homes,
residential communities or
retirement villages solely for the SC
shall be accorded the following:
a. Realty tax holiday for 5 years
b. Priority in the building and/or
maintenance of roads
leading to the home,
residential community or
retirement village
Retirement Benefits
- To the extent practicable and
feasible retirement benefits from
both the Government and the private
sectors shall be upgraded to be at
par with the current scale enjoyed by
those in actual sevice
MAGNA CARTA OF DISABLED
PERSONS – REPUBLIC ACT 7277
Person with Disability:
- Are those who have a long term
physical, mental, intellectual or
sensory impairments which in
interaction with various barriers may
hinder their full and effective
participation in society on an equal
basis with others
Basic Principles:
- Full support to improvement of the
total well-being of disabled persons
and their integration into the
mainstream of society
- State shall adopt policies ensuring
the rehabilitation, self-development
and self-reliance of PWDs to
develop their skills and potentials to
enable them to compete favorably
for available opportunities
 - To live freely and as independently o Prevent disability, whether
as possible occurring prenatally or
- Rehabilitation of PWDs shall be the postnatally
concern of the government o Recognition and early
- That state shall recognize the role of diagnosis of disability
the private sector in promoting the o Early rehabilitation of the
welfare of PWDs and shall disabled
encourage partnership in programs - Ensure that all PWDs will have
that addresses PWDs’ needs and access to auxiliary social services;
concerns like social enhancement, day care
Rights and Privileges of PWDs and family care services. Restore
their function and participation in
- Rights to access and opportunities in community affairs
pursuit of equality - State shall ensure that marginalized
- Enjoy equal opportunities in persons are provided with the
workplace necessary auxiliary services that will
- Maintain the right to pursue any restore their social functioning and
employment that they are qualified participation in community affairs
for - Various means of information
- Equal opportunity and same terms dissemination will provide sign
and conditions language
- No disable person shall be denied - Ensure that all differently-abled
access to opportunities for suitable citizens have access the same
employment. A qualified disabled information at the same time as the
employee shall be subject to the rest of the nation
same terms and conditions of - All public and private spaces,
employment and the same including modes of transportation,
compensation, privileges, benefits, follow and maintain accessibility
fringe benefits, incentives or provisions to ensure barrier-free
allowances as qualified able environment (BP 344)
persons. - Ensures that all PWDs shall
- Same access to quality education maintain the right to vote and
- Support a complete special assemble
education system in all schools - Allowed to be assisted by a person
across the nation of his choice in voting in the national
- Must not be denied to admission to a or local elections. The person thus
learning institution by reason of chosen shall prepare the ballot for
handicap or disability the disabled voter inside the voting
- Establish and pursue a nationwide booth.
program (health)
- Prevention, recognition, early Prohibition on Discrimination Against
diagnosis, and early rehabilitation of Disabled Persons
disability Discrimination on Employment:
- DOH shall institute a national health
program which shall: - Shall not discriminate against a
qualified PWD by reason of disability
in regard to job application
procedures, the hiring, promotion, or o Disabled may be subjected to
discharge of employees, employee medical examination:
compensation, job training, and  All entering
other terms, conditions, and employees are
privileges of employment subjected to such an
o Limiting, segregating or examination
classifying a disabled job regardless of
applicant in such a manner disability
that adversely affects his  Information obtained
work opportunities during the medical
o Using qualification standards, condition or history of
employment tests or other the applicant is
selection criteria that screen collected and
out PWDs unless such are maintained on
shown to be job related and separate forms and
consistent with business files and treated as
necessity confidential
o Utilizing standards, criteria,
Discrimination on the Use of Public
or methods that have the
Accommodation
effect of discrimination on the
PWD or perpetuate the - No PWD shall be discriminated on
discrimination of others who the basis of disability in the full and
are subject to common equal enjoyment of the goods,
administrative control. services, facilities, privileges,
o Providing less compensation advantages or accommodations of
by reason of his disability any place of public accommodation
o Favoring a non-PWD over a by any person who owns, leases, or
qualified PWD operates a place of public
o Re-assigning or transferring accommodation
a disabled employee to a job - Acts of discrimination:
or position he cannot perform o Denying a disabled person
by reason of his disability o Affording a disabled person
o Dismissing or terminating the o Providing a disabled person
services of a disabled
Discrimination on Transportation
employee by reason of his
disability - Considered discrimination for the
o Failing to select or administer franchisees or operators and
in the effective manner personnel of sea, land, and air
employment tests which transportation facilities to charge
accurately reflect the skills, higher fare or to refuse to convey a
aptitude or other factor of the passenger, his orthopedic devices,
disabled applicant personal effects, and merchandise
o Excluding PWD from by reason of his disability
membership in labor unions
Discrimination on the use of public
or similar organization
accommodations and services
Public Accommodations and Services:
a. An inn, hotel, motel, or other place of
lodging, except for an establishment
located within a building that
contains not more than 5 rooms for
rent or hire and that is actually
occupied by the proprietor of such
establishment as the residence of
such proprietor
b. A restaurant, bar, or other
establishment serving food or drink
c. A motion picture, theatre, concert
hall, stadium, or other place of
exhibition or entertainment
d. An auditorium, convention center,
lecture hall, or other place of public
gathering
e. A bakery, grocery store, hardware
store, shopping center, or other
sales or rental establishment
f. A bank, barbershop, beauty shop,
travel service, funeral parlor, gas
station, office of a lawyer, pharmacy,
insurance office, professional office
of a health care provider, hospital or
other service establishment
g. A terminal, depot, or other station
used for specified public
transportation
h. A museum gallery, library or other
place of public display or collection
i. A park, zoo, amusement park, or
other place of recreation
j. A nursery, elementary, secondary,
undergraduate, or post-graduate
private school, or other place of
education
k. A gymnasium, health spa, bowling
alley, golf course, or
l. Other place of exercise or recreation
Final Provisions
- Housing Programs
- Establishment of organizations of
PWDs
- NGOs or private volunteers
dedicated to the purpose of
promoting and enhancing the
welfare of PWDs
- Tax incentives
Penalty:
a. Any person who violated any
provision:
a. 1st – 50k to 100k or
imprisonment of 6 months to
2 years
b. 2nd – 100k to 200k or
imprisonment of 2 years to 6
years
b. Any person who abuses the
privileges:
a. Imprisonment of 6 months or
fine of 5k to 50k
c. If the violator is a corporation,
organization or any similar entity, the
officials thereof directly involved
shall be liable therefor
d. If the violator is an alien or foreigner,
he shall be deported immediately
after service of sentence without
further deportation proceedings
Anti-Violence Against Women and Their
Children Act (R.A. 9262)
- Penalizes as a public crime certain
acts of violence against women and
their children
What is “violence against women and their
children”?
- VAWC is any act or a series of acts
committed against the victim which
result in or is likely to result in
physical, sexual, psychological harm
or suffering, or economical abuse
including threats of such acts,
battery, assault, coercion,
harassment or arbitrary deprivation
of liberty.
Woman protected under this law:
 a. Wife 4. Economic abuse – refers to acts that
b. Former wife make or attempt to make a woman
c. A woman with whom the offender financially dependent
has or had a sexual or dating
Sexual violence:
relationship
d. A woman with whom the offender a. Rape
has a common child b. Sexual harassment
c. Acts of lasciviousness
Children protected under the law:
d. Treating a woman and her child as a
- The abused woman’s children, boy sex object
or girl alike, below 18 years old, e. Making demeaning and sexually
whether legitimate or illegitimate, or suggestive remarks
other children who live with the f. Physically attacking the sexual parts
woman or are under her care of the victim’s body
g. Forcing a woman or her child to
Offender:
watch obscene publications
a. Husband h. Forcing the woman or her child to do
b. Former husband indecent acts and/or make films
c. Boyfriend i. Forcing the wife and mistress/lover
d. Ex-boyfriend to live in the conjugal home or sleep
e. Live-in partner or ex-partner together in the same room with the
f. One with whom the woman has a abuser
common child j. Causing or attempting to cause the
g. One with whom the woman has/had victim to engage in any sexual
sexual or dating relationship activity by force, threat of force,
physical or other harm or threat of
Can a woman be held liable for committing physical or other harm or coercion
violation of RA 9262? k. Prostituting the woman or her child
Yes. A lesbian partner/girlfriend or ex- Psychological Violence:
lesbian partner/girlfriend can also be held
liable for committing act or a series of acts a. Intimidation
against another woman with whom the b. Harassment
lesbian has or had a sexual or dating c. Stalking
relationship d. Damage to property
e. Public ridicule or humiliation
Forms of VAWC f. Repeated verbal abuse
1. Physical violence – refers to acts g. Marital infidelity
that include bodily or physical harm h. Causing or allowing the victim to
2. Sexual violence – refers to act which witness the physical, sexual or
us sexual in nature, committed psychological abuse of a member of
against a woman or her child the family to which the victim
3. Psychological violence – refers to belongs
acts or omissions causing or likely to i. Causing or allowing the victim to
cause mental or emotional suffering witness pornography in any form
of the victim j. Causing or allowing the victim to
witness abusive injury to pets
 k. Unlawful or unwanted deprivation of purpose or effect of controlling or
the right to custody and/or visitation restricting the woman’s or her child’s
of common children movement or conduct:
a. Threatening to deprive or
Economic Abuse
actually depriving the woman
a. Withdrawal of financial support or of her child of custody or
preventing the victim from engaging access to her/his family
in any legitimate profession, b. Depriving or threatening of
occupation, business or activity, financial support or
except in cases wherein the other deliberately providing
spouse/partner objects on valid, insufficient financial support
serious, and moral grounds c. Depriving or threatening of a
b. Deprivation or threat of deprivation legal right
of financial resources and the rights d. Preventing the woman in
to the use and enjoyment of the engaging in any legitimate
conjugal, community or property profession, business or
owned in common activity or controlling the
c. Destroying household property victim’s own money or
d. Controlling the victim’s own money properties or solely
or properties or solely controlling the controlling the conjugal or
conjugal money or properties common money or properties
f. Inflicting or threatening to inflict
Crime of VAWC: physical harm
a. Causing physical harm to the g. Causing or attempting to cause the
woman and her child woman or her child to engage in any
b. Threatening to cause the woman sexual activity which does not
and her child physical harm constitute rape
c. Attempting to cause the woman and h. Engaging in purposely, knowing, or
her child physical harm reckless conduct, personal or
d. Placing the woman or her child in through another, that alarms or
fear of imminent physical harm cause substantial emotional or
e. Attempting to compel or compelling psychological distress to the woman
the woman or her child to engage in or her child.
conduct which the woman or her a. Stalking
child has the right to desist from or b. Peeing in the window or
to desist from conduct which the lingering outside the
woman or her child has the right to residence
engaged in or attempting to restrict c. Entering or remaining in the
or restricting the woman’s or her dwelling against the victim’s
child’s freedom of movement or will
conduct by force or threat of force, d. Destroying the property and
physical or other harm or threat of personal belongings or
physical or other harm, or inflicting harm to animals or
intimidation directed against the pets
woman or her child. This shall i. Causing mental or emotional
include, but not limited to, the anguish
following acts committed for the
Battery:
- Refers to an act of inflicting physical
harm upon the woman or her child
resulting to physical and
psychological or emotional distress
Stalking:
- An intentional act committed by a
person who, knowingly and without
lawful justification, follows the
woman or her child, or places the
woman or her child under
surveillance directly or indirectly or a
combination thereof
Dating relationship:
- A situation wherein the parties live
as husband and wife without the
benefit of marriage or are
romantically involved overtime and
on a continuing basis during the
course of the relationship. A casual
acquaintance or ordinary
socialization between 2 individuals in
a business or social context is not
dating relationship.
Sexual relations:
- Single sexual act which may or may
not result in the bearing of a
common child
Venue:
- The Regional Trial Court designated
as a Family Court shall have original
and exclusive jurisdiction over cases
of violence against women and their
children under this law. In the
absence of such court in the place
where the offense was committed,
the case shall be filed in the
Regional Trial Court where the crime
or any of its elements was
committed at the option of the
compliant.
Remedies:
Battered Woman Syndrome as a
Defense. –
Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and
civil liability notwithstanding the absence of
any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of
the woman who was suffering from battered
woman syndrome at the time of the
commission of the crime, the courts shall be
assisted by expert
psychiatrists/psychologists.
Prohibited Defense. – Being under the
influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a
defense under the Act.
Custody of Children. – The woman shall
be entitled to the custody and support of
her child/children. Children below seven
(7) years old or older but with mental or
physical disabilities shall automatically be
given to the mother, with right to support,
unless the court finds compelling reasons to
order otherwise.
A victim-survivor who is suffering from
Battered Woman Syndrome shall not be
disqualified from having custody of her
children. In no case shall custody of minor
children be given to the perpetrator of
violence against a woman who is suffering
from Battered Woman Syndrome.
Damages. – Any victim-survivor of violence
under the Act shall be entitled to actual,
compensatory, moral and exemplary
damages.
The civil action for damages is deemed
instituted with the criminal action, unless an
independent civil action for damages is filed.
Hold Departure Order. – The counsel for
the victim-survivor or applicant may request
the court for a Hold Departure Order in the
application or petition for protection order.
The court shall expedite the process of
issuance of a hold departure order in cases
prosecuted under the Act.
Exemption from Payment of Docket Fee
and Other Expenses. – If the victim-
survivor is an indigent or there is an
immediate necessity due to imminent
danger or threat of danger to act on an
application for a protection order, the court
shall accept the application without payment
of the filing fee and other fees and of
transcript of stenographic notes.
Leave:
Entitlement to Leave. - Victims under this
Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to
other paid leaves under the Labor Code and
Civil Service Rules and Regulations,
extendible when the necessity arises as
specified in the protection order.
Ten-day paid leave in addition to other
leave
benefits. - At any time during the application
of any protection order, investigation,
prosecution and/or trial of the criminal case,
a victim of VAWC who is employed shall be
entitled to a paid leave of up to ten (10)
days in addition to other paid leaves under
the Labor Code and Civil Service Rules and
Regulations and other existing laws and
company policies, extendible when the
necessity arises as specified in the
protection order. The Punong
Barangay/kagawad or prosecutor or the
Clerk of Court, as the case may be, shall
issue a certification at no cost to the woman
that such an action is pending, and this is all
that is required for the employer to comply
with the 10-day paid leave. For government
employees, in addition to the
aforementioned certification, the employee
concerned must file an application for leave
citing as basis R.A. 9262. The
administrative enforcement of this leave
entitlement shall be considered within the
jurisdiction of the Regional Director of the
DOLE under Article 129 of the Labor Code
of the Philippines, as amended, for
employees in the private sector, and the
Civil Service Commission, for government
employees.
The availment of the ten day-leave shall be
at the option of the woman employee, which
shall cover the days that she has to attend
to medical and legal concerns. Leaves not
availed of are noncumulative and not
convertible to cash.
The employer/agency head who denies the
application for leave, and who shall
prejudice the victim-survivor or any person
for assisting a co-employee who is a victim-
survivor under the Act shall be held liable
for discrimination and violation of R.A 9262.
The provision of the Labor Code and the
Civil Service Rules and Regulations shall
govern the penalty to be imposed on the
said employer/agency head.
ANTI-TRAFFICKING IN PERSONS ACT
OF 2003 (RA 9208 AS AMENDED BY RA
10364)
- institute policies to eliminate
trafficking in persons especially
women and children. It establishes
the necessary institutional
mechanisms to protect and support
trafficked persons, and provides
penalties for its violations. In 2012,
the R.A. 9208 was amended through
the R.A. 10364 also known as the
Expanded Anti-Trafficking in
Persons Act.
Trafficking in Person:
Trafficking in persons is an illegal act and is
considered a violation of human rights and
inimical to human dignity and national
development.
There are three (3) inter-related and
interdependent elements that must be
present for a situation to be considered
within the purview of R.A. 9208 as amended
by RA 10364. The three (3) elements are:
- Acts
- Means
- Purpose
Acts - It involves the recruitment, obtaining,
hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt
of persons, with or without the victim’s
consent or knowledge, within or across
national borders;
Means - It is committed by use of threat, or
of force, or other forms of coercion,
abduction, fraud, deception, abuse of power
or of position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve
the consent of a person having control over
another person; and
Purpose - It is done for the purpose of
exploitation or the prostitution of others or
other forms of sexual exploitation, forced
labor or services, slavery, involuntary
servitude or the removal or sale of organs.
***If any one of the three (3) elements is
absent, then the situation may not involve
trafficking in persons, except if it involves
trafficking of a child.
The recruitment, transportation, transfer,
harboring, adoption or receipt of a child for
the purpose of exploitation or when the
adoption is induced by any form of
consideration for exploitative purposes shall
also be considered as ‘trafficking in persons’
even if it does not involve any of the means
mentioned.
Forced Labor:
Forced labor refers to the extraction of work
or services from any person by means of
enticement, violence, intimidation or threat,
use of force or coercion, including
deprivation of freedom, abuse of authority or
moral ascendancy, debt bondage or
deception including any work or service
extracted from any person under the
menace of penalty.
Involuntary Servitude:
Involuntary servitude refers to a condition of
enforced and compulsory service induced
by means of any scheme, plan or pattern,
intended to cause a person to believe that if
he or she did not enter into or continue in
such condition, he or she or another person
would suffer serious harm or other forms of
abuse or physical restraint, or threat of
abuse or harm, or coercion including
depriving access to travel documents and
withholding salaries, or the abuse or
threatened abuse of the legal process.
Debt Bondage:
Debt bondage refers to the pledging by the
debtor of his/her personal services or labor
or those of a person under his/her control as
security or payment for a debt, when the
length and nature of services is not clearly
defined or when the value of the services as
reasonably assessed is not applied toward
the liquidation of the debt.
Slavery:
Slavery refers to the status or condition of a
person over whom any or all of the powers
attaching to the right of ownership are
exercised.
Acts of Trafficking Persons:
- To recruit, obtain, hire, provide,
offer, transport, transfer, maintain,
harbor, or receive a person by any
means, including those done under
 the pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, or sexual
exploitation;
- To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a
foreign national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her to
engage in prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
- To offer or contract marriage, real or
simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in
prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt
bondage;
- To undertake or organize tours and
travel plans consisting of tourism
packages or activities for the
purpose of utilizing and offering
persons for prostitution, pornography
or sexual exploitation;
- To maintain or hire a person to
engage in prostitution or
pornography;
- To adopt persons by any form of
consideration for exploitative
purposes or to facilitate the same for
purposes of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
- To adopt or facilitate the adoption of
persons for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
- To recruit, hire, adopt, transport,
transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a
person, by means of threat or use of
force, fraud, deceit, violence,
coercion, or intimidation for the
purpose of removal or sale of organs
of said person;
- To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in
armed activities in the Philippines or
abroad;
- To recruit, transport, transfer,
harbor, obtain, maintain, offer, hire,
provide or receive a person by
means mentioned in the preceding
paragraph for purposes of forced
labor, slavery, debt bondage and
involuntary servitude, including a
scheme, plan, or pattern intended to
cause the person either:
a. To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint; or
b. To abuse or threaten the use of law
or the legal processes;
- To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer,
provide, adopt or receive a child for
purposes of exploitation or trading
them, including but not limited to, the
act of buying and/or selling a child
for any consideration or for barter for
purposes of exploitation. Trafficking
for purposes of exploitation of
children shall include:
a. All forms of slavery or practices
similar to slavery, involuntary
servitude, debt bondage and forced
labor, including recruitment of
children for use in armed conflict;
b. The use, procuring or offering of a
child for prostitution, for the
 production of pornography, or for
pornographic performances;
c. The use, procuring or offering of a
child for the production and
trafficking of drugs; and
d. The use, procuring or offering of a
child for illegal activities or work
which, by its nature or the
circumstances in which it is carried
out, is likely to harm their health,
safety or morals; and
- To organize or direct other persons
to commit the offenses defined as
acts of trafficking.
Acts that Promote Trafficking in Persons
- To knowingly lease or sublease, use
or allow to be used any house,
building or establishment for the
purpose of promoting trafficking in
persons;
- To produce, print and issue or
distribute unissued, tampered or
fake counseling certificates,
registration stickers, overseas
employment certificates or other
certificates of any government
agency which issues these
certificates, decals and such other
markers as proof of compliance with
government regulatory and pre-
departure requirements for the
purpose of promoting trafficking in
persons;
- To advertise, publish, print,
broadcast or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of
information technology and the
internet, of any brochure, flyer, or
any propaganda material that
promotes trafficking in persons;
- To assist in the conduct of
misrepresentation or fraud for
purposes of facilitating the
acquisition of clearances and
necessary exit documents from
government agencies that are
mandated to provide pre-departure
registration and services for
departing persons for the purpose of
promoting trafficking in persons;
- To facilitate, assist or help in the exit
and entry of persons from/to the
country at international and local
airports, territorial boundaries and
seaports who are in possession of
unissued, tampered or fraudulent
travel documents for the purpose of
promoting trafficking in persons;
- To confiscate, conceal, or destroy
the passport, travel documents, or
personal documents or belongings
of trafficked persons in furtherance
of trafficking or to prevent them from
leaving the country or seeking
redress from the government or
appropriate agencies;
- To knowingly benefit from, financial
or otherwise, or make use of, the
labor or services of a person held to
a condition of involuntary servitude,
forced labor, or slavery;
- To tamper with, destroy, or cause
the destruction of evidence, or to
influence or attempt to influence
witnesses, in an investigation or
prosecution of a case;
- To destroy, conceal, remove,
confiscate or possess, or attempt to
destroy, conceal, remove, confiscate
or possess, any actual or purported
passport or other travel, immigration
or working permit or document, or
any other actual or purported
government identification, of any
person in order to prevent or restrict,
or attempt to prevent or restrict,
without lawful authority, the person’s
liberty to move or travel in order to
maintain the labor or services of that
person; and
 - To utilize his or her office to impede
the investigation, prosecution or
execution of lawful orders in a case.
Qualified Trafficking:
- When the trafficked person is a child
or below 18 years old;
- When the adoption is effected
through Republic Act No. 8043,
otherwise known as the “Inter-
Country Adoption Act of 1995” and
said adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
- When the crime is committed by a
syndicate, or in large scale;
- When the offender is a spouse, an
ascendant, parent, sibling, guardian
or a person who exercises authority
over the trafficked person or when
the offense is committed by a public
officer or employee;
- When the trafficked person is
recruited to engage in prostitution
with any member of the military or
law enforcement agencies;
- When the offender is a member of
the military or law enforcement
agencies;
- When by reason or on occasion of
the act of trafficking in persons, the
offended party dies, becomes
insane, suffers mutilation or is
afflicted with Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency
Syndrome (AIDS);
- When the offender commits one or
more violations over a period of sixty
(60) or more days, whether those
days are continuous or not; and
- When the offender directs or through
another manages the trafficking
victim in carrying out the exploitative
purpose of trafficking.
When is trafficking considered a large scale
or committed by a syndicate?
Trafficking is deemed committed by a
syndicate if carried out by a group of three
(3) or more persons conspiring or
confederating with one another. It is
deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group.
Where to report incidence of Trafficking in
Persons?
- Barangay authorities;
- Nearest police or other law
enforcement agencies;
- Local social welfare and
development office;
- Any member agencies of the Inter-
Agency Council
- Against Trafficking (IACAT);
- Local anti-trafficking committee or
task force;
- Local council for the protection of
children; or
- 1343 Actionline against Human
Trafficking.
Where to file cases of Trafficking in
Persons?
- Department of Justice - National
Prosecution Service, or
- Provincial/City Prosecution Office;
o where the offense was
committed;
o where any of the elements of
the offense occurred; or
o where the trafficked person
resides at the time of the
commission of the crime.
What are the mandatory services available
for trafficked persons under R.A. 9208 as
amended by R.A. 10364?
- Temporary housing and food
facilities;
 - Psychological support and
counseling;
- Free legal services;
- Medical or psychological services;
- Livelihood and skills training;
- Educational assistance to a 2.
trafficked child; and
- 24-hour call center for crisis calls
and technology based counseling
and referral system.
What protection is given to trafficked
persons?
- Legal Protection
- Free Legal Assistance
- Right to Privacy and Confidentiality
- Witness Protection Program
- Victim Compensation Program
EXPANDED MATERNITY LEAVE
REPUBLIC ACT NO. 11210
- To increase maternity leave period
to 105 days for female workers with
an option to extend for an additional
30 days without pay, granting an
additional 15 days for solo parent or
mothers, and for other purposes.
Covered:
- Female workers in public sector
- Female workers in private sector
- Female workers in informal economy
- Female workers who are voluntary
contributors of SSS
- Female national athletes
Benefits:
Salient Provisions:
1. Paid leave benefit granted to a
female worker in the public sector,
duration of:
a. 105 days for live childbirth,
regardless of the mode of
delivery, and an additional 15
days paid leave if the female
worker qualifies as a solo
parent under RA 8972 or
Solo Welfare Act of 2000.
b. 60 days paid leave for
miscarriage and emergency
termination of pregnancy
Paid leave benefit granted to a
qualified female worker in the private
sector covered by the SSS, including
those in the informal economy, for
the duration of:
a. 105 days for live childbirth,
regardless of the mode of
delivery, and an additional 15
days paid leave if the female
worker qualifies as a solo
parent under qualifies as a
solo parent under RA 8972
or Solo Welfare Act of 2000.
b. 60 days paid leave for
miscarriage and emergency
termination of pregnancy
3. An option to extend for an additional
30 days without pay in case of live
birth
4. Paid maternity leave, allowances,
and benefits granted to female
national athletes
5. Health care services for pre-natal
delivery, postpartum and pregnancy
related conditions granted to female
workers, particularly those who are
neither voluntary nor regular
members of the SSS, as governed
by the existing rules and regulations
of Philippine Health Insurance
Corporation (PHILHEALTH).
- All covered females, regardless of
civil status, employment status, and
legitimacy of their child, shall be
granted 105 days maternity leave
with full pay and an additional 15
days with full pay in case the female
workers qualifies as a solo parent.
- In case of miscarriage or emergency
termination of pregnancy, 60 days
 maternity leave with full pay shall be
granted.
- Enjoyment of maternity leave cannot
be deferred but should be availed of
either before and after the actual
period of delivery in a continuous
and uninterrupted manner.
- Maternity leave shall also be granted
to qualified female worker in every
instance of pregnancy, miscarriage
or emergency termination of
pregnancy regardless of frequency
Female workers in public sector:
- Shall be granted granted 105 days
maternity leave with full pay and an
additional 15 days with full pay in
case the female worker qualifies as
solo parent.
Female workers in private sectors:
- To qualify:
o At least 3 months monthly
contributions in the 12 period
immediately preceding the
semester of childbirth,
miscarriage, or emergency
termination of pregnancy
o She shall have notified her
employer of her pregnancy
and the probable date of her
child birth which notice shall
be transmitted to the SSS in
accordance with the rules
and regulations it may
provide.
Female workers in the Informal Economy
and Voluntary Contributors of the SSS:
- Entitled to a maternity benefits if
they have remitted at least 3 months
monthly contributions in the 12
period immediately preceding the
semester of childbirth, miscarriage,
or emergency termination of
pregnancy.
Female national athletes:
- In the event the a national athlete is
in the roster of national athletes of
the National Sports Association to
which she is affiliated becomes
pregnant:
o She will be referred to a
physician of the PSC or an
obstetrician-gynecologist to
determine her fitness to
continue training
o She will be allowed to
participate in all team related
activities, unless the
physician advises that
participation is not medically
safe or should be limited
o Upon medical advice, she
shall undergo on maternity
leave until cleared to return
into trainings.
o She shall continue receiving
her allowance and entitled to
the same benefits while on
maternity leave prior to
childbirth and up to 6 months
after, unless she can resume
sooner as advised by her
physician.
o Moreover, a female national
athlete employed in the
public sector shall not receive
double compensation or
benefits
Magna Carta of Women (RA 9710)
Re: PCOS
- A woman employee shall be entitled
to a special leave benefit of 2
months with full pay based on her
gross monthly compensation
following surgery caused by
gynecologist disorders.
Competent Physician:
 - A medical doctor preferably
specializing in gynecological
disorders or is in the position to
determine the period of recuperation
of the employee.
Remedy of insufficient days:
Upon return to work, employer may require
the employee to submit physician’s
certification of fitness to work.