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674 LEASE

Chapter 3

WORK AND LABOR

SECTION 1. — Household Service

New provisions.
Articles 1689 to 1699 on Household Service, like Articles 1700
to 1712 on Contract of Labor are new provisions. The latter is gov-
erned generally by the special laws on labor.
According to the Code Commission:
“There is a section ‘Household Service.’ The domestic serv-
ants in the Philippines have not, as a general rule, been fairly
treated. Social justice is to be measured by the manner in which
the humblest servant is dealt with, for no social system can
rise above its lowliest class any more than a chain is stronger
than its weakest link. Consequently, under the heading of
‘Household Service,’ there are provisions to strengthen the
right of domestic servants.’’ (Report, 15.)

ART. 1689. Household service shall always be rea-

sonably compensated. Any stipulation that household
service is without compensation shall be void. Such
compensation shall be in addition to the house help-
er’s lodging, food, and medical attendance.

Scope of household service.

Household or domestic service is that rendered by a domestic
servant, who works in the house or with the family with whom the
helper usually lives. (Rosales vs. Tan Que, [C.A.] 46 O.G. 4328.)

674
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Art. 1690 WORK AND LABOR 675

Household Service

The family he serves is that of his master and no one else. The
term includes service performed by a family driver. (Balolong vs.
Uy, [C.A.] 52 O.G. 5561; Basco vs. Coronel, 5 C.A. Rep. 997;
Ancheta vs. Colcol, [C.A.] 55 O.G. 3317.)
A laborer, worker, or employee in a commercial, or industrial
enterprise is not a domestic servant. Thus, a waiter and any per-
son employed in a hotel, club, corporation, or society, to serve its
members, are not “domestic servants,’’ in the proper sense of this
term under Article 1689. (Zamora vs. Sy, [C.A.] 52 O.G. 1513;
Rosales vs. Tan Que, supra.)

Reasonable compensation for household service.

A house helper or domestic servant is entitled to reasonable
compensation in addition to suitable lodging, food and medical
attendance. Household service cannot be gratuitous.
Any stipulation that household service is without compensa-
tion is against public morals and void. No agreement may sub-
sist in law in which it is stipulated that any domestic service shall
be absolutely gratuitous, unless it be admitted that slavery may
be established in this country through a covenant entered into
between the interested parties. (De Los Reyes vs. Alojado, 16 Phil.
499 [1910].)

ART. 1690. The head of the family shall furnish,

free of charge, to the house helper, suitable and
sanitary quarters as well as adequate food and medical
attendance.

Obligations of head of the family.

The term “head of family,’’ as used in the law, may refer to
the husband or father, the wife or mother, or any person who lives
alone or with another or other persons, but has servant/s in his
or her employ.
Some of the obligations imposed on the head of the family are
also applicable to the other members of the family, to wit.
(1) to furnish, free of charge, to the house helper, suitable and
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676 LEASE Art. 1690

sanitary quarters as well as adequate food and medical attend-

ance (Art. 1690.);
(2) to give an opportunity to the house helper who is under
the age of 18, for at least elementary education (Art. 1691.);
(3) to provide the house helper suitable clothing (Art. 1693.);
(4) to treat the house helper in a just and humane manner (Art.
1693.);
(5) to allow the house helper four (4) days’ vacation each
month, with pay, and not to require him/her to work more than 10
hours a day;
(6) to bear the funeral expenses in case of death of the house
helper (Art. 1696.);
(7) to terminate the contract before that expiration of the term
only for a just cause (Art. 1697.);
(8) to pay the house helper unjustly dismissed compensation
already earned plus that for 15 days by way of indemnity (Ibid.);
and
(9) to give the house helper, upon demand, a written state-
ment on the nature and duration of the service and the conduct
and efficiency of the house helper. (Art. 1699.)

Medical attendance.
The right of house helpers to medical attendance — exclusive
of hospitalization — is purely statutory in character, and where
specifically conferred by statute, is deemed subject to the “rule of
necessity,’’ in the sense that it is dependent upon the need for said
medical attendance. Hence, the determination of the question
whether “expenses of hospitalization’’ are included in “medical
attendance’’ must depend upon the circumstances surrounding
each case.
Even assuming that house helpers’ expenses of hospitaliza-
tion can, in proper cases, be deemed to be within the purview of
“medical attendance,’’ it will only be fair that, except in cases of
extreme urgency, the party who may have to defray the cost of
medical attendance and/or hospitalization, be given a say in the
choice of the physician who will treat the patient and/or the hos-
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Arts. 1691-1693 WORK AND LABOR 677

Household Service

pital in which he will be confined. (Cuajao vs. Chua Lo Tan, 6

SCRA 136 [1962].)

ART. 1691. If the house helper is under the age of

eighteen years, the head of the family shall give an
opportunity to the house helper for at least elemen-
tary education. The cost of such education shall be a
part of the house helper’s compensation, unless there
is a stipulation to the contrary.

Opportunity for at least elementary education.

Under the provision, the cost of such education is chargeable
to the house helper’s compensation unless there is an agreement
to the contrary.
Literally, construed, a house helper under 18 years of age is
not entitled to secondary education at the head of the family’s
expense; if 18 years or above, not even to elementary education.

ART. 1692. No contract for household service shall

last for more than two years. However, such contract
may be renewed from year to year.

Duration of household service.

The duration is limited to two (2) years. However, the con-
tract may be renewed from year to year. A contract for more than
two (2) years is void as to the excess.

ART. 1693. The house helper’s clothes shall be sub-

ject to stipulation. However, any contract for house-
hold service shall be void if thereby the house helper
cannot afford to acquire suitable clothing.

Clothes of the house helper.

The house helper is entitled to suitable clothing subject to
stipulation between the parties. If the house helper cannot afford
to acquire suitable clothing, the house helper cannot waive this
right by stipulation. Any such stipulation is void.
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678 LEASE Arts. 1694-1695

ART. 1694. The head of the family shall treat the

house helper in a just and humane manner. In no case
shall physical violence be used upon the house helper.

Treatment of house helper.

A house helper shall be treated by the head of the family in a
just and humane manner. Whatever the infractions he/she may
have committed, will not justify the use of physical violence upon
his/her person.
A similar provision is contained in Article 147 of the Labor
Code of the Philippines, except that the obligation is imposed on
an employer. (Pres. Decree No. 442, as amended.)

ART. 1695. House helpers shall not be required to

work more than ten hours a day. Every house helper
shall be allowed four days vacation each month, with
pay.

Ten-hour a day work.

The prohibition contained in Article 1695 is against requiring
house helpers to work more than the prescribed period.1 What is
unlawful is for house helpers to be compelled by their employers
to do so, but not for both parties to agree otherwise upon pay-
ment of additional compensation. However, unless the existence
of such agreement is clearly established whatever doubt there may
be should be resolved in favor of the house helper. This rule of
construction in case of doubt is necessary lest the law be made a
refuge of unscrupulous heads of the family. (Balolong vs. Uy,
[C.A.], 52 O.G. 556; Basco vs. Coronel, 5 C.A. 997.)
The househelper cannot demand payment of compensation
for overtime work done, unless such overtime work be required
by the employer, or is demanded by the nature of the work.
(Zamora vs. Sy, [C.A.] 52 O.G. 1513.)

1
Art. 1418. When the law fixes, or authorizes the fixing of the maximum number of
hours of labor, and a contract is entered into whereby a laborer undertakes to work longer
than the maximum thus fixed, he may demand additional compensation for service
rendered beyond the time limit.
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Arts. 1696-1697 WORK AND LABOR 679

Household Service

Vacation leave.
Such vacation leave with pay, if not enjoyed, could not be ac-
cumulated. The house helper is not entitled to payment for such
leave, unless he had asked therefor and his employer refused his
request, for in such case there is an implied agreement on the part
of the employer to pay for such vacation. (Zamora vs. Sy, supra.)

ART. 1696. In case of death of the house helper,

the head of the family shall bear the funeral expenses
if the house helper has no relatives in the place where
the head of the family lives, with sufficient means
therefor.

Funeral expenses.
This article applies only “if the house helper has no relatives
in the place where the head of the family lives, with sufficient
means therefor.’’ The head of the family must bear the funeral
expenses where the relatives, although with sufficient means, do
not live in the same locality.

ART. 1697. If the period for household service is

fixed neither the head of the family nor the house
helper may terminate the contract before the expira-
tion of the term, except for a just cause. If the house
helper is unjustly dismissed, he shall be paid the com-
pensation already earned plus that for fifteen days by
way of indemnity. If the house helper leaves without
justifiable reason, he shall forfeit any salary due him
and unpaid, for not exceeding fifteen days.

Termination of household service.

(1) If no period for household service is fixed, the head of the
family may terminate the same at any time by giving notice (Art.
1698.) but he must act in good faith and under circumstances to
avoid undue prejudice to the house helper.
(2) If a period is fixed, neither party may terminate the con-
tract before the expiration of the term, except for a just cause.
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680 LEASE Art. 1698

(a) In case of unjust dismissal, the house helper is enti-

tled to be paid the compensation already earned plus 15 days
wages as indemnity.
(b) If the house helper leaves withut justifiable reason, he
forfeits any salary earned and unpaid, for not more than 15
days.

ART. 1698. If the duration of the household service

is not determined either by stipulation or by the na-
ture of the service, the head of the family or the house
helper may give notice to put an end to the service
relation, according to the following rules:
(1) If the compensation is paid by the day, notice
may be given on any day that the service shall end at
the close of the following day;
(2) If the compensation is paid by the week, no-
tice may be given, at the latest, on the first business
day of the week, that the service shall be terminated
at the end of the seventh day from the beginning of
the week;
(3) If the compensation is paid by the month, no-
tice may be given, at the latest, on the fifth day of the
month, that the service shall cease at the end of the
month.

Notice to terminate service relation

where no period fixed.
The head of the family or the house helper, as the case may
be, may give the notice to put an end to the service relation ac-
cording to the rule provided in the present article, depending as
to whether the compensation is paid by the day, by the week, or
by the month.
In lieu of the required notice, the monetary value may be given
by the head of the family. Thus, where a house helper, being paid
by the month, is dismissed without notice by the head of the fam-
ily, the latter is liable to pay the former the equivalent of one (1)
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Art. 1699 WORK AND LABOR 681

Household Service

month’s pay. (Balolong vs. Uy, supra; Ancheta vs. Colcol, [C.A.]
55 O.G. 3317.)

ART. 1699. Upon the extinguishment of the service

relation, the house helper may demand from the head
of the family a written statement on the nature and
duration of the service and the efficiency and con-
duct of the house helper.

Written statement from head of the family.

The written statement mentioned in the provision may be-
come necessary in case the house helper applies for employment
in another household or even in other kinds of work.

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