Republic Act No.

8187

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO
ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR
THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS
COHABITING AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Short Title. This Act shall be known as the "Paternity Leave Act of 1996."
SEC. 2. Notwithstanding any law, rules and regulations to the contrary, every married male
employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days
with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
The male employee applying for paternity leave shall notify his employer of the pregnancy of his
legitimate spouse and the expected date of such delivery. For purposes of this Act, delivery shall
include childbirth or any miscarriage.

SEC. 3. Definition of Term. For purpose of this Act, Paternity Leave refers to the benefits
granted to a married male employee allowing him not to report for work for seven (7) days but
continues to earn the compensation therefor, on the condition that his spouse has delivered a
child or suffered a miscarriage for purposes of enabling him to effectively lend support to his
wife in her period of recovery and/or in the nursing of the newly-born child.

SEC. 4. The Secretary of Labor and Employment, the Chairman of the Civil Service
Commission and the Secretary of Health shall, within thirty (30) days from the effectivity of this
Act, issue such rules and regulations necessary for the proper implementation of the provisions
hereof.

SEC. 5. Any person, corporation, trust, firm, partnership, association or entity found violating
this Act or the rules and regulations promulgated thereunder shall be punished by a fine not
exceeding Twenty-five thousand pesos (P25,000) or imprisonment of not less than thirty (30)
days nor more than six (6) months. If the violation is committed by a corporation, trust or firm,
partnership, association or any other entity, the penalty of imprisonment shall be imposed on the
entity's responsible officers, including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or partner directly responsible therefor.

SEC. 6. Nondiminution Clause. Nothing in this Act shall be construed to reduce any existing
benefits of any form granted under existing laws, decrees, executive orders, or any contract,
agreement or policy between employer and employee.
SEC. 7. Repealing Clause. All laws, ordinances, rules, regulations, issuances, or parts thereof
which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 8. Effectivity. This Act shall take effect fifteen (15) days from its publication in the
Official Gazette or in at least two (2) newspapers of national circulation.

Approved, June 11, 1996.

MATERNITY LEAVE (RA 8282)

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

SECTION 1. Short Title. This Act shall be known as the Social Security Act of 1997.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) To adopt, from time to time, a budget of expenditures including salaries of personnel,
against all funds available to the SSS under this Act;

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

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

(8) To acquire and dispose of property, real or personal, which may be necessary or expedient
for the attainment of the purposes of this Act;

(9) To acquire, receive, or hold, by way of purchase, expropriation or otherwise, public or

private property for the purpose of undertaking housing projects preferably for the benefit of
low-income members and for the maintenance of hospitals and institutions for the sick, aged and
disabled, as well as schools for the members and their immediate families;

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

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

SEC. 5. Settlement of Disputes. (a) Any dispute arising under this Act with respect to
coverage, benefits, contributions and penalties thereon or any other matter related thereto, shall
be cognizable by the Commission, and any case filed with respect thereto shall be heard by the
Commission, or any of its members, or by hearing officers duly authorized by the Commission
and decided within twenty (20) days after the submission of the evidence. The filing,
determination and settlement of disputes shall be governed by the rules and regulations
promulgated by the Commission.
(b) Appeal to Courts. Any decision of the Commission, in the absence of an appeal therefrom
as herein provided, shall become final and executory fifteen (15) days after the date of
notification, and judicial review thereof shall be permitted only after any party claiming to be
aggrieved thereby has exhausted his remedies before the Commission. The Commission shall be
deemed to be a party to any judicial action involving any such decision, and may be represented
by an attorney employed by the Commission, or when requested by the Commission, by the
Solicitor General or any public prosecutors.

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

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

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

(b) The Secretary of Justice shall be the ex-officio counsel of the SSS. He or his representative
shall act as legal adviser and counsel thereof.
SEC. 7. Oaths, Witnesses, and Production of Records. When authorized by the Commission,
an official or employee thereof shall have the power to administer oath and affirmation, take
depositions, certify to official acts, and issue subpoena and subpoena duces tecum to compel the
attendance of witnesses and the production of books, papers, correspondence and other records
deemed necessary as evidence in connection with any question arising under this Act. Any case
of contumacy shall be dealt with by the Commission in accordance with law.

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

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

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

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

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

(e) Dependents The dependents shall be the following:

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

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

(3) The parent who is receiving regular support from the member.
(f) Compensation All actual remuneration for employment, including the mandated cost-of-
living allowance, as well as the cash value of any remuneration paid in any medium other than
cash except that part of the remuneration in excess of the maximum salary credit as provided
under Section Eighteen of this Act.

(g) Monthly salary credit The compensation base for contributions and benefits as indicated in
the schedule in Section Eighteen of this Act.

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

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

(j) Employment Any service performed by an employee for his employer except:
(1) Employment purely casual and not for the purpose of occupation or business of the
employer;

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

employed when such vessel is outside the Philippines;

(3) Service performed in the employ of the Philippine Government or instrumentality or agency
thereof;

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

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

(5) Such other services performed by temporary and other employees which may be excluded
by regulation of the Commission. Employees of bona fide independent contractors shall not be
deemed employees of the employer engaging the service of said contractors.
(k) Beneficiaries The dependent spouse until he or she remarries, the dependent legitimate,
legitimated or legally adopted, and illegitimate children, who shall be the primary beneficiaries
of the member: Provided, That the dependent illegitimate children shall be entitled to fifty
percent (50%) of the share of the legitimate, legitimated or legally adopted children: Provided,
further, That in the absence of the dependent legitimate, legitimated children of the member,
his/her dependent illegitimate children shall be entitled to one hundred percent (100%) of the
benefits. In their absence, the dependent parents who shall be the secondary beneficiaries of the
member. In the absence of all the foregoing, any other person designated by the member as
his/her secondary beneficiary.

(l) Contingency The retirement, death, disability, injury or sickness and maternity of the
member.

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

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

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

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

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

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

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

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

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

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

(c) Filipinos recruited by foreign-based employers for employment abroad may be covered by
the SSS on a voluntary basis.
SEC. 9-A. Compulsory Coverage of the Self-Employed. Coverage in the SSS shall also be
compulsory upon such self-employed persons as may be determined by the Commission under
such rules and regulations as it may prescribe, including but not limited to the following:

1. All self-employed professionals;

2. Partners and single proprietors of businesses;

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

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

5. Individual farmers and fishermen.

Unless otherwise specified herein, all provisions of

this Act applicable to covered employees shall also be applicable to the covered self-employed
persons.

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

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

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

realizes no income in any given month, he shall not be required to pay contributions for that
month. He may, however, be allowed to continue paying contributions under the same rules and
regulations applicable to a separated employee member: Provided, That no retroactive payment
of contributions shall be allowed other than as prescribed under Section Twenty-two-A hereof.
SEC. 12. Monthly Pension. (a) The monthly pension shall be the highest of the following
amounts:

(1) The sum of the following:

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

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

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

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

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

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

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

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

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

(c) The monthly pension shall be suspended upon the reemployment or resumption of self-
employment of a retired member who is less than sixty-five (65) years old. He shall again be
subject to Section Eighteen and his employer to Section Nineteen of this Act.

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

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

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

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

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

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

1. Complete loss of sight of both eyes;

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

3. Permanent complete paralysis of two limbs;

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

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

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

(f) If the disability is permanent total and such disability occurs after thirt
y-six (36) monthly contributions have been paid prior to the semester of disability, the benefit
shall be the monthly pension for permanent total disability payable not longer than the period
designated in the following schedule:
COMPLETE
AND PERMANENT NUMBER OF
LOSS OF USE OF MONTHS

One thumb 10
One index finger 8
One middle finger 6
One ring finger 5
One little finger 3
One big toe 6
One hand 39
One arm 50
One foot 31
One leg 46
One ear 10
Both ears 20
Hearing of one ear 10
Hearing of both ears 50
Sight of one eye 25
(g) The percentage degree of disability which is equivalent to the ratio that the designated
number of months of compensability bears to seventy-five (75), rounded to the next higher
integer, shall not be additive for distinct, separate and unrelated permanent partial disabilities,
but shall be additive for deteriorating and related permanent partial disabilities to a maximum of
one hundred percent (100%), in which case, the member shall be deemed as permanently totally
disabled.

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

(i) For the purpose of adjudicating retirement, death and permanent total disability pension
benefits, contributions shall be deemed paid for the months during which the member received
partial disability pension: Provided, That such contributions shall be based on his last
contribution prior to his disability.

(j) Should a member who is on partial disability pension retire or die, his disability pension
shall cease upon his retirement or death.

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

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

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

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

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

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

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

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

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

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

SEC. 14-A. Maternity Leave Benefit. A female member who has paid at least three (3)
monthly contributions in the twelve-month period immediately preceding the semester of her
childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one hundred
percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78) days in
case of caesarian delivery, subject to the following conditions:

(a) That the employee shall have notified her employer of her pregnancy and the probable date
of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and
regulations it may provide;

(b) The full payment shall be advanced by the employer within thirty (30) days from the filing
of the maternity leave application;

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

(d) That the maternity benefits provided under this section shall be
paid only for the first four (4) deliveries or miscarriages;
(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of
the amount of maternity benefits advanced to the employee by the employer upon receipt of
satisfactory proof of such payment and legality thereof; and

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

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

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

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

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

SEC. 18. Employees Contributions. (a) Beginning as of the last day of the calendar month
when an employees compulsory coverage takes effect and every month thereafter during his
employment, the employer shall deduct and withhold from such employees monthly salary,
wage, compensation or earnings, the employees contribution in an amount corresponding to his
salary, wage, compensation or earnings during the month in accordance with the following
schedule:

SALARY RANGE OF MONTHLY MONTHLY CONTRIBUTION

BRACKET COMPENSATION SALARY
CREDIT EMPLOYER EMPLOYEE TOTAL

I 1,000.00 1,249.99 1000 50.70 33.30 84.00

II 1,250.00 1,749.99 1500 76.00 50.00 126.00
III 1,750.00 2,249.99 2000 101.30 66.70 168.00
IV 2,250.00 2,749.99 2500 126.70 83.30 210.00
V 2,750.00 3,249.99 3000 152.00 100.00 252.00
VI 3,250.00 3,749.99 3500 177.30 116.70 294.00
VII 3,750.00 4,249.99 4000 202.70 133.30 336.00
VIII 4,250.00 4,749.99 4500 228.00 150.00 378.00
IX 4,750.00 5,249.99 5000 253.30 166.70 420.00
X 5,250.00 5,749.99 5500 278.70 183.70 462.40
XI 5,750.00 6,249.99 6000 304.00 200.00 504.00
XII 6,250.00 6,749.99 6500 329.30 216.78 546.00
XIII 6,750.00 7,249.99 7000 354.70 233.30 588.00
XIV 7,250.00 7,749.99 7500 380.00 250.00 630.00
XV 7,750.00 8.249.99 8000 403.30 266.70 672.00
XVI 8,250.00 8,749.99 8500 430.70 283.30 714.00
XVII 8,750.00 OVER 9000 456.00 300.00 756.00

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

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

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

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

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

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

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

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

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

The right to institute the necessary action against the employer may be commenced within
twenty (20) years from the time the delinquency is known or the assessment is made by the SSS,
or from the time the benefit accrues, as the case may be.
(c) Should any person, natural or juridical, default in any payment of contributions, the
Commission may also collect the same in either of the following ways:

1. By an action in court, which shall hear and dispose of the case in preference to any other civil
action; or

2. By issuing a warrant to the Sheriff of any province or city commanding him to levy upon and
sell any real and personal property of the debtor. The Sheriffs sale by virtue of said warrant shall
be governed by the same procedure prescribed for executions against property upon judgments
by a court of record.

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

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

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

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

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

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

In addition to the liability mentioned in the preceding paragraphs (a) and (b) hereof, the
employer shall also be liable for the corresponding unremitted contributions and penalties
thereon.

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

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

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

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

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

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

SEC. 24-A. Report and Registration of the Self-Employed Member. Each covered self-
employed person shall, within thirty (30) days from the first day he started the practice of his
profession or business operations register and report to the SSS his name, age, civil status, and
occupation, average monthly net income and his dependents.

SEC. 25. Deposits and Disbursements. All money paid to or collected by the SSS every year
under this Act, and all accruals thereto shall be deposited, administered and disbursed in the
same manner and under the same conditions and requirements as provided by law for other
public special funds: Provided, That not more than twelve percent (12%) of the total yearly
contributions plus three percent (3%) of other revenues shall be disbursed for operational
expenses such as salaries and wages, supplies and materials, depreciation and the maintenance of
offices of the SSS: Provided, further, That if the expenses in any year are less than the maximum
amount permissible, the difference shall not be availed of as additional expenses in the following
years.
SEC. 26. Investment of Reserve Funds. All revenues of the SSS that are not needed to meet
the current administrative and operational expenses incidental to the carrying out of this Act shall
be accumulated in a fund to be known as the Reserve Fund. Such portions of the Reserve Fund
as are not needed to meet the current benefit obligations thereof shall be known as the
Investment Reserve Fund which the Commission shall manage and invest with the skill, care,
prudence and diligence necessary under the circumstances then prevailing that a prudent man
acting in like capacity and familiar with such matters would exercise in the conduct of an
enterprise of a like character and with similar aims. Pursuant thereto, and in line with the basic
principles of safety, good yield and liquidity, the Commission shall invest the funds to earn an
annual income not less than the average rates of treasury bills or any other acceptable market
yield indicator in any or in all of the following:

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

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

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

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

(d) In bonds, securities, promissory notes or other evidence of indebtedness of any bank doing
business in the Philippines and in good standing with the Bangko Sentral ng Pilipinas to finance
loans to private corporations doing business in the Philippines, including schools, hospitals,
small-and-medium scale industries, cooperatives and non-governmental organizations, in which
case the collaterals or securities shall be assigned to the SSS under such terms and conditions as
the Commission may prescribe: Provided, That in the case of bank deposits, they shall not
exceed at any time the unimpaired capital and surplus or total private deposits of the depository
bank, whichever is smaller: Provided, further, That said bank shall first have been designated as
a depository for this purpose by the Monetary Board of the Bangko Sentral ng Pilipinas:
Provided, finally, That such investments shall not exceed forty percent (40%) of the Investment
Reserve Fund;

(e) In bonds, securities, promissory n

otes or other evidence of indebtedness of shelter agencies of the National Government or
financial intermediaries to finance housing loans of members; and in long-term direct individual
or group housing loans giving priority to the low-income groups, up to a maximum of ninety
percent (90%) of the appraised value of the properties to be mortgaged by the borrowers; and

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

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

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

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

(h) In bonds, debentures, securities, promissory notes or other evidence of indebtedness of any
prime corporation or multilateral institutions to finance domestic projects: Provided, That the
issuing or assuming entity or its predecessors shall not have defaulted in the payment of interest
on any of its securities and that during each of any three (3) including the last two (2) of the five
(5) fiscal years next preceding the date of acquisition by the SSS of such bonds, debentures or
other evidence of indebtedness, the net earnings of the issuing or assuming institution available
for its fixed charges, as defined in this Act, shall have been not less than one and one-quarter
times the total of its fixed charges for such year: Provided, further, That such investments shall
not exceed thirty percent (30%) of the Investment Reserve Fund;
(i) In preferred or common shares of stocks listed or about to be listed in the stock exchange or
options or warrants to such stocks or, subject to prior approval of the Bangko Sentral ng
Pilipinas, such other risk management instruments of any prime or solvent corporation or
financial institution created or existing under the laws of the Philippines with proven track record
of profitability over the last three (3) years and payment of dividends at least once over the same
period: Provided, That such investments shall not exceed thirty percent (30%) of the Investment
Reserve Fund;

(j) In domestic or foreign mutual funds in existence for at least three (3) years; Provided, That
such investments shall not exceed twenty percent (20%) of the Investment Reserve Fund:
Provided, further, That investments in foreign mutual funds shall not exceed one percent (1%) of
the Investment Reserve Fund in the first year which shall be increased by one percent (1%) for
each succeeding year, but in no case shall it exceed seven and one-half percent (7.5%) of the
Investment Reserve Fund;

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

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

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

No portion of the Investment Reserve Fund or income thereof shall accrue to the general fund
of the National Government or to any of its agencies or instrumentalities, including government-
owned or controlled corporations, except as may be allowed under this Act: Provided, That no
portion of the Investment Reserve Fund shall be invested for any purpose or in any instrument,
institution or industry over and above the prescribed cumulative ceilings as follows:
40% in private securities

35% in housing

30% in real estate related investments

10% in short and medium-term member loans

30% in government financial institutions and corporations

30% in infrastructure projects

15% in any particular industry

7.5% in foreign-currency denominated investments

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

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

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

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

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

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

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

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

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

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

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

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

(i) Criminal action arising from a violation of the provisions of this Act may be commenced by
the SSS or the employee concerned either under this Act or in appropriate cases under the
Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the city or
municipality where the SSS office is located, if the violation was committed within its territorial
jurisdiction or in Metro Manila, at the option of the SSS.

SEC. 29. Government Aid. The establishment of the SSS shall not disqualify the members
and employers from receiving such government assistance, financial or otherwise, as may be
provided.

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

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

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

SEC. 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two
(2) national newspapers of general circulation whichever comes earlier.

Approved: May 01, 1997

Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and
Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also recognizes the
need to protect the family and its members particularly women and children, from violence and
threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of
all forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against

a woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing her/him
 to watch obscene publications and indecent shows or forcing the woman
or her child to do indecent acts and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging

in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right

to the use and enjoyment of the conjugal, community or property owned in
common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling

the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
 (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

(d) "Stalking" refers to 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.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in this
Act, it includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and
safety of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of

custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial

support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her
child;

(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
 (5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section
5 hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of
the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower
than the prescribed penalty for the consummated crime as specified in the preceding
paragraph but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less
than One hundred thousand pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.
SECTION 7. 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.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman or her child specified in Section 5
of this Act and granting other necessary relief. The relief granted under a protection order serve
the purpose of safeguarding the victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and ability of the victim to independently
regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order
(PPO). The protection orders that may be issued under this Act shall include any, some or all of
the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally

or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things and escort respondent from
the residence;

(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
 (f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent's employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.

Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may
be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
 (d) officers or social workers of the DSWD or social workers of local government units
(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed.

SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the
rules on venue under Section 409 of the Local Government Code of 1991 and its implementing
rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the application shall be filed with that
court.

SECTION 11. How to Apply for a Protection Order. The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or issues
thereof partakes of a violence as described in this Act. A standard protection order application
form, written in English with translation to the major local languages, shall be made available to
facilitate applications for protections order, and shall contain, among other, the following
information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

 (g) an attestation that there is no pending application for a protection order in another
court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure
of the address of the victim will pose danger to her life, it shall be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide a mailing address for purpose of service
processing.

An application for protection order filed with a court shall be considered an application for both
a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for protection
orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act
shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with
a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00)
and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her
child requests in the applications for a protection order for the appointment of counsel because of
lack of economic means to hire a counsel de parte, the court shall immediately direct the Public
Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO
determines that the applicant can afford to hire the services of a counsel de parte, it shall
facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to
family or conjugal resources by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the
petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If thePunong
Barangay is unavailable to act on the application for a BPO, the application shall be acted upon
by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order
must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for
fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to
the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or
all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.
The court shall order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the
merits of the issuance of a PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed
with the hearing. In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment on the basis of
the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom
the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO
in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or renew the TPO for a period of
thirty (30) days at each particular time until final judgment is issued. The extended or renewed
TPO may be modified by the court as may be necessary or applicable to address the needs of the
applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the
order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or
not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. The following statement must be
printed in bold-faced type or in capital letters on the protection order issued by the Punong
Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to
act on an application for a protection order within the reglementary period specified in the
previous section without justifiable cause shall render the official or judge administratively
liable.

SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as soon as possible. The hearing on any
application for a protection order filed by the petitioner must be conducted within the mandatory
period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall have
priority over all other proceedings. Barangay officials and the courts shall schedule and conduct
hearings on applications for a protection order under this Act above all other business and, if
necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued
under this Act must be filed directly with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO.
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to
any other criminal or civil action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial
and upon judgment, the trial court may motu proprio issue a protection order as it deems
necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions
on protection orders shall be applicable in impliedly instituted with the criminal actions
involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which
shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g)
to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.

SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.

SECTION 26. 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.

SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old 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 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
a woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure,
and privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain
view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who
respond to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
 (h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.

SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including,
but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual
cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies
and LGUs shall establish programs such as, but not limited to, education and information
campaign and seminars or symposia on the nature, causes, incidence and consequences of such
violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against
women and their children under the Act.

SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing
an application for a protection order shall not order, direct, force or in any way unduly influence
he applicant for a protection order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family Courts Act of 1997 and
Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against
women and their children as herein defined, any person, private individual or police authority or
barangay official who, acting in accordance with law, responds or intervenes without using
violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable
for any criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family
Code; and

(e) To be informed of their rights and the services available to them including their right
to apply for a protection order.

SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim 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.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-
VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency
Council on Violence Against Women and their children, hereinafter known as the Council,
which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

 (c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive
to the needs of their clients. The Council will also serve as the monitoring body as regards to
VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank
not lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall
provide the victims temporary shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways of
coping with anger and emotional outbursts and reforming their ways. When necessary, the
offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and
their Children Cases. All agencies involved in responding to violence against women and their
children cases shall be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and
their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and

e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or
survivor.

The PNP, in coordination with LGU's shall establish an education and training program for
police officers and barangay officials to enable them to properly handle cases of violence against
women and their children.

SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave
of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection
order.Any employer who shall prejudice the right of the person under this section shall be
penalized in accordance with the provisions of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee
who is a victim under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. All records pertaining to cases of violence against women and
their children including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy of the
victim. Whoever publishes or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable to the contempt power of
the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and
a fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used
to implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval
of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS

AND THEIR CHILDREN

Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."

Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and ensure its total development. Towards this
end, it shall develop a comprehensive program of services for solo parents and their children to
be carried out by the Department of Social Welfare and Development (DSWD), the Department
of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of
the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the
Technical Education and Skills Development Authority (TESDA), the National Housing
Authority (NHA), the Department of Labor and Employment (DOLE) and other related
government and nongovernment agencies.

Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as
follows:

(a) "Solo parent" - any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender: Provided, That the mother keeps
and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse
is detained or is serving sentence for a criminal conviction for at least one (1)
year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal
separation or de factoseparation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children;
 (6) Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a welfare
institution;

(9) Any other person who solely provides parental care and support to a child or
children;

(10) Any family member who assumes the responsibility of head of family as a
result of the death, abandonment, disappearance or prolonged absence of the
parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this
Act, such that he/she is no longer left alone with the responsibility of parenthood,
shall terminate his/her eligibility for these benefits.

(b) "Children" - refer to those living with and dependent upon the solo parent for support
who are unmarried, unemployed and not more than eighteen (18) years of age, or even
over eighteen (18) years but are incapable of self-support because of mental and/or
physical defect/disability.

(c) "Parental responsibility" - with respect to their minor children shall refer to the rights
and duties of the parents as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the "Family Code of the Philippines."

(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her
to perform parental duties and responsibilities where physical presence is required.

(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary
his/her arrival and departure time without affecting the core work hours as defined by the
employer.

Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls
below the poverty threshold as set by the National Economic and Development Authority
(NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for
assistance: Provided, however, That any solo parent whose income is above the poverty
threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. - A

comprehensive package of social development and welfare services for solo parents and their
families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and
DILG, in coordination with local government units and a nongovernmental organization with
proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive
package of social development and welfare services for solo parents and their families. The
package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job
placement.

(b) Counseling services which include individual, peer group or family counseling. This
will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge
and skills of the solo parent on early childhood development, behavior management,
health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis
management and spiritual enrichment.

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule
for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of
not more than seven (7) working days every year shall be granted to any solo parent employee
who has rendered service of at least one (1) year.
Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following
benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of
basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.

Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and
shall be provided with liberal terms of payment on said government low-cost housing projects in
accordance with housing law provisions prioritizing applicants below the poverty line as
declared by the NEDA.

Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program
for solo parents and their children. The program shall be implemented by the DOH through their
retained hospitals and medical centers and the local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. The DSWD shall perform the
following additional powers and functions relative to the welfare of solo parents and their
families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents;
(2) define executive and legislative measures needed to promote and protect the interest
of solo parents and their children; and (3) assess the effectiveness of programs designed
for disadvantaged solo parents and their children;

(b) Coordinate the activities of various governmental and nongovernmental organizations

engaged in promoting and protecting the interests of solo parents and their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. - An interagency committee headed by the
DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is
hereby established which shall formulate, within ninety (90) days upon the effectivity of this Act,
the implementing rules and regulations in consultation with the local government units,
nongovernment organizations and people's organizations.
Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall
be included in the budget of concerned government agencies in the General Appropriations Act
of the year following its enactment into law and thereafter.1awphil.net

Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders or
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Section 16. Separability Clause. - If any provision of this Act is held invalid or unconstitutional,
other provisions not affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
complete publication in theOfficial Gazette or in at least two (2) newspaper of general
circulation.

Approved.

13TH MONTH PAY

PD. NO. 851

WHEREAS, it is necessary to further protect the level of real wages from the ravage of
worldwide inflation;

WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

WHEREAS, the Christmas season is an opportune time for society to show its concern for the
plight of the working masses so they may properly celebrate Christmas and New Year.

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by

the Constitution, do hereby decree as follows:

Section 1. All employers are hereby required to pay all their employees receiving a basic salary
of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month
pay not later than December 24 of every year.

Sec. 2. Employers already paying their employees a 13th-month pay or its equivalent are not
covered by this Decree.
Sec. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of December 1975.

*****

IMPLEMENTING RULES:

RULES AND REGULATIONS IMPLEMENTING

PRESIDENTIAL DECREE NO. 851

By virtue of the powers vested in me by law, the following rules and regulations implementing
Presidential Decree No. 851 are hereby issued for the guidance of all concerned.

Section 1. Payment of 13th-month Pay. All employers covered by Presidential Decree No. 851,
hereinafter referred to as the Decree, shall pay to all their employees receiving a basic salary of
not more than P1,000 a month a thirteenth-month pay not later than December 24 of every year.

Sec. 2. Definition of certain terms. As used in this issuance:

(a) Thirteenth-month pay shall mean one twelfth (1/12) of the basic salary of an employee
within a calendar year;

(b) Basic salary shall include all remunerations or earnings paid by an employer to an
employee for services rendered but may not include cost-of-living allowances granted pursuant
to Presidential Decree No. 525 or Letter of Instructions No. 174, profit-sharing payments, and all
allowances and monetary benefits which are not considered or integrated as part of the regular or
basic salary of the employee at the time of the promulgation of the Decree on December 16,
1975.

Sec. 3. Employers covered. The Decree shall apply to all employers except to:

(a) Distressed employers, such as (1) those which are currently incurring substantial losses or (2)
in the case of non-profit institutions and organizations, where their income, whether from
donations, contributions, grants and other earnings from any source, has consistently declined by
more than forty (40%) percent of their normal income for the last two (2) years, subject to the
provision of Section 7 of this issuance;
(b) The Government and any of its political subdivisions, including government-owned and
controlled corporations, except those corporations operating essentially as private subsidiaries of
the Government;

(c) Employers already paying their employees 13-month pay or more in a calendar year or its
equivalent at the time of this issuance;

(d) Employers of household helpers and persons in the personal service of another in relation to
such workers; and

(e) Employers of those who are paid on purely commission, boundary, or task basis, and those
who are paid a fixed amount for performing a specific work, irrespective of the time consumed
in the performance thereof, except where the workers are paid on piece-rate basis in which case
the employer shall be covered by this issuance insofar as such workers are concerned.

As used herein, workers paid on piece-rate basis shall refer to those who are paid a standard
amount for every piece or unit of work produced that is more or less regularly replicated, without
regard to the time spent in producing the same.

The term its equivalent as used in paragraph c) hereof shall include Christmas bonus, mid-year
bonus, profit-sharing payments and other cash bonuses amounting to not less than 1/12th of the
basic salary but shall not include cash and stock dividends, cost of living allowances and all
other allowances regularly enjoyed by the employee, as well as non-monetary benefits. Where an
employer pays less than 1/12th of the employees basic salary, the employer shall pay the
difference.

Sec. 4. Employees covered. Except as provided in Section 3 of this issuance, all employees of
covered employers shall be entitled to benefit provided under the Decree who are receiving not
more than P1,000 a month, regardless of their position, designation or employment status, and
irrespective of the method by which their wages are paid, provided that they have worked for at
least one month during the calendar year.

Sec. 5. Option of covered employers. A covered employer may pay one-half of the 13th-month
pay required by the Decree before the opening of the regular school year and the other half on or
before the 24th day of December of every year.

In any establishment where a union has been recognized or certified as the collective bargaining
agent of the employees therein, the periodicity or frequency of payment of the 13th-month pay
may be the subject of agreement.
Nothing herein shall prevent employers from giving the benefits provided in the Decree to their
employees who are receiving more than One Thousand (P1,000) Pesos a month or benefits
higher than those provided by the Decree.

Sec. 6. Special feature of benefit. The benefits granted under this issuance shall not be credited
as part of the regular wage of the employees for purposes of determining overtime and premium
pay, fringe benefits, as well as premium contributions to the State Insurance Fund, social
security, medicare and private welfare and retirement plans.

Sec. 7. Exemption of Distressed employers. Distressed employers shall qualify for exemption
from the requirement of the Decree upon prior authorization by the Secretary of Labor. Petitions
for exemptions may be filed within the nearest regional office having jurisdiction over the
employer not later than January 15, 1976. The regional offices shall transmit the petitions to the
Secretary of Labor within 24 hours from receipt thereof.

Sec. 8. Report of compliance. Every covered employer shall make a report of his compliance
with the Decree to the nearest regional labor office not later than January 15 of each year.

The report shall conform substantially with the following form:

REPORT ON COMPLIANCE WITH P.D. NO. 851

1. Name of establishment
2. Address
3. Principal product or business
4. Total employment
5. Total number of workers benefited
6. Amount granted per employee
7. Total amount of benefits granted
8. Name, position and tel. no. of person giving information

Sec. 9. Adjudication of claims. Non-payment of the thirteenth-month pay provided by the

Decree and these rules shall be treated as money claims cases and shall be processed in
accordance with the Rules Implementing the Labor Code of the Philippines and the Rules of the
National Labor Relations Commission.

Sec. 10. Prohibition against reduction or elimination of

benefits. Nothing herein shall be construed to authorize any employer to eliminate, or diminish
in any way, supplements, or other employee benefits or favorable practice being enjoyed by the
employee at the time of promulgation of this issuance.

Sec. 11. Transitory Provision. These rules and regulations shall take effect immediately and for
purposes of the 13th-month pay for 1975, the same shall apply only to those who are employees
as of December 16, 1975.

Manila, Philippines, 22 December 1975.

*****

SUPPLEMENTARY RULES AND REGULATIONS

IMPLEMENTING P.D. NO. 851

To insure uniformity in the interpretation, application and enforcement of the provisions of

Presidential Decree No. 851 and its implementing regulations, the following clarifications are
hereby made for the information and guidance of all concerned:

1. Contractors and Subcontractors, including Security and Watchman Agencies, are exempt for
the year 1975 subject to the following conditions:

(a) that the contracts of such enterprises were entered into before December 16, 1975;

(b) that such enterprises have complied with all labor standards laws during the year;

(c) that the contract cannot really accommodate 13-month pay or its equivalent; and

(d) that the contract does not provide for cost escalation clause.

This exemption is without prejudice on the part of the workers to negotiate with their employers
or to seek payment thereof by filing appropriate complaints with the Regional Offices of the
Department of Labor.

2. Private school teachers, including faculty members of colleges and universities, are entitled to
1/12 of their annual basic pay regardless of the number of months they teach or are paid within a
year.

3. New establishments operating for less than one year are not covered except subsidiaries or
branches of foreign and domestic corporations.
4. Overtime pay, earnings and other remunerations which are not part of the basic salary shall not
be included in the computation of the 13th-month pay.

5. In view of the lack of sufficient time for the dissemination of the provisions of P.D. No. 851
and its Rules and the unavailability of adequate cash flow due to the long holiday season,
compliance and reporting of compliance with this Decree are hereby extended up to March 31,
1976 except in private schools where compliance for 1975 may be made not later than 30 June
1976.

6. Nothing herein shall sanction the withdrawal or diminution of any compensation, benefits or
any supplements being enjoyed by the employees on the effective date of this issuance.

Manila, January 16, 1976

*****

PRESIDENTIAL DECREE NO. 851

ADMINISTRATIVE ORDER NO. 2,

SERIES OF 1976

In the interest of public service and efficiency, more particularly to facilitate the disposition of
cases involving petitions for exemption, complaints, enforcement and implementation of P.D.
No. 851 and its implementing rules and regulations, the following guidelines shall be followed:

I. Petition for exemption

1. The Regional Office concerned shall transmit immediately the petition for exemption to the
Chairman, Wage Commission with comments and recommendations, if any.

The petition shall contain a sworn statement on the inability to implement the Decree and the
reasons, therefore, and shall be accompanied by the following documents and statements:

(a) A certified true copy of the income tax returns for the last two (2) years;

(b) A certified copy of the financial reports for the last two (2) years filed with the Government
entities, such as the Securities and Exchange Commission, Department of Trade, Department of
Industries and Board of Investments;
(c) A detailed sworn statement of the actual monthly losses not covered by the report required
under paragraph (b) above and such other proofs or documents as may be required by the
Chairman, Wage Commission to establish such exemption.

2. The Chairman, Wage Commission and the duly designated staff, shall evaluate all petitions for
exemption and make appropriate recommendations within 20 working days from receipt of the
petition to the Secretary of Labor.

3. Whenever a petition for exemption has been filed, and complaint for
non-compliance shall be held in abeyance pending the disposition or resolution of the petition for
exemption.

II. Complaint, enforcement and/or implementation

1. All complaints for non-payment of the 13th-month pay shall be filed with the Field Services
Division of the Regional Office concerned. The Regional Director shall direct the said Division
to conduct an inspection and investigation in connection with the complaint filed.

2. The Field Service Division of the Regional Office concerned shall see to it that all covered
employees comply with P.D. No. 851.

The Regional Director shall submit a monthly progress report of compliance with the Decree.

The reports of the Regional Offices shall be submitted to the LSS and BLS, and shall contain the
following:

(a) The total number of establishments;

(b) total number of workers benefited; and
(c) total amount of benefits paid.

3. The Regional Office shall compile, analyze and evaluate compliance reports and update the
listing of establishments on the basis of the reports submitted.

Any prior order, circular, instruction or memorandum or parts thereof, inconsistent herewith are
hereby revoked.

This Order shall take effect immediately.

Manila, 9 January 1976.

*****

REVISED GUIDELINES ON THE IMPLEMENTATION

OF THE 13TH MONTH PAY LAW.

1. Removal of Salary Ceiling.

On August 13, 1986, President Corazon C. Aquino issued Memorandum Order No. 28 which
provides as follows:

Section 1 of Presidential Decree No. 851 is hereby modified to the extent that all employers are
hereby required to pay all their rank-and-file employees a 13th month pay not later than
December 24 of every year.

Before its modification by the aforecited Memorandum Order, P.D. No. 851 excludes from
entitlement to the 13th month pay those employees who were receiving a basic salary of more
than P1,000.00 a month. With the removal of the salary ceiling of P1,000.00, all rank and file
employees are now entitled to a 13th month pay regardless of the amount of basic salary that
they receive in a month if their employers are not otherwise exempted from the application of
P.D. No. 851. Such employees are entitled to the benefit regardless of their designation or
employment status, and irrespective of the method by which their wages are paid, provided that
they have worked for at least one (1) month during a calendar year.

2. Exempted Employers.

The following employers are still not covered by P.D. No. 851:

a. The Government and any of its political subdivisions, including government-owned and
controlled corporations, excepts those corporations operating essentially as private subsidiaries
of the Government;

b. Employers already paying their employees a 13th month pay or more in a calendar year or its
equivalent at the time of this issuance;

c. Employers of household helpers and persons in the personal service of another in relation to
such workers; and

d. Employers of those who are paid on purely commission, boundary, or task basis, and those
who are paid a fixed amount for performing specific work, irrespective of the time consumed in
the performance thereof, except where the workers are paid on piece-rate basis in which case the
employer shall grant the required 13th month pay to such workers.

As used herein, workers paid on piece-rate basis shall refer to those who are paid a standard
amount for every piece or unit of work produced that is more or less regularly replicated, without
regard to the time spent in producing the same.

The term its equivalent as used on paragraph (b) hereof shall include Christmas bonus, mid-
year bonus, cash bonuses and other payments amounting to not less than 1/12 of the basic salary
but shall not include cash and stock dividends, cost of living allowances and all other allowances
regularly enjoyed by the employee, as well as non-monetary benefits. Where an employer pays
less than required 1/12th of the employees basic salary, the employer shall pay the difference.

3. Who are Rank-and File Employees.

The Labor Code distinguishes a rank-and-file employee from a managerial employee. It provides
that a managerial employee is one who is vested with powers of prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or
discipline employees, or to effectively recommend such managerial actions. All employees not
falling within this definition are considered rank-and-file employees.

The above distinction shall be used as guide for the purpose of determining who are rank-and-
file employees entitled to the mandated 13th month pay.

4. Amount and payment of 13th Month Pay

(a) Minimum of the Amount. The minimum 13th month pay required by law shall not be less
than one-twelfth of the total basic salary earned by an employee within a calendar year. For the
year 1987, the computation of the 13th month pay shall include the cost of living allowances
(COLA) integrated into the basic salary of a covered employee pursuant to Executive Order 178.

E.O. No. 178 provides, among other things, that the P9.00 of the daily COLA of P17.00 for non-
agricultural workers shall be integrated into the basic pay of covered employees effective 1 May
1987, and the remaining P8.00 effective 1 October 1987. For establishments with less than 30
employees and paid-up capital of P500,000 or less, the integration of COLAs shall be as follows:
P4.50 effective on 1 May 1987; P4.50 on 1 October 1987; and P8.00 effective 1 January 1988.
Thus, in the computation of the 13th month pay for 1987, the COLAs integrated into the basic
pay shall be included as of the date of their integration.
Where the total P17.00 daily COLA was integrated effective 1 May 1987 or earlier the inclusion
of said COLA as part of the of the basic pay for the purpose of computing the 13th month pay
shall be reckoned from the date of actual integration.

The basic salary of an employee for the purpose of computing the 13th month pay shall
include all remunerations or earning paid by this employer for services rendered but does not
include allowances and monetary benefits which are not considered or integrated as part of the
regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits,
overtime, premium, night differential and holiday pay, and cost-of-living allowances. However,
these salary-related benefits should be included as part of the basic salary in the computation of
the 13th month pay if by individual or collective agreement, company practice or policy, the
same are treated as part of the basic salary of the employees.

(b) Time of Payment. The required 13th month pay shall be paid not later than December 24
of each year. An employer, however, may give to his employees one half () of the required
13th month pay before the opening of the regular school year and the other half on before the
24th of December of every year. The frequency of payment of this monetary benefit may be the
subject of agreement between the employer and the recognized/collective bargaining agent of the
employees.

5. 13th Month Pay for Certain Types of Employees.

(a) Employees Paid by Results. Employees who are paid on piece work basis are by law
entitled to the 13th month pay.

Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the
mandated 13th month pay, based on their total earnings during the calendar year, i.e., on both
their fixed or guaranteed wage and commission.

(b) Those with Multiple Employers. Government employees working part time in a private
enterprise, including private educational institutions, as well as employees working in two or
more private firms, whether on full or part time basis, are entitled to the required 13th month pay
from all their private employers regardless of their total earnings from each or all their
employers.

(c) Private School Teachers. Private school teachers, including faculty members of
universities and colleges, are entitled to the required 13th month pay, regardless of the number of
months they teach or are paid within a year, if they have rendered service for at least one (1)
month within a year.
6. 13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time
for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length
of time he worked during the year, reckoned from the time he started working during the
calendar year up to the time of his resignation or termination from the service. Thus, if he
worked only from January up to September his proportionate 13th month pay should be
equivalent of 1/12 his total basic salary he earned during that period.

The payment of the 13th month pay may be demanded by the employee upon the cessation of
employer-employee relationship. This is consistent with the principle of equity that as the
employer can require the employee to clear himself of all liabilities and property accountability,
so can the employee demand the payment of all benefits due him upon the termination of the
relationship.

7. Non-inclusion in Regular Wage.

The mandated 13th month pay need not be credited as part of regular wage of employees for
purposes of determining overtime and premium pays, fringe benefits insurance fund, Social
Security, Medicare and private retirement plans.

8. Prohibitions against reduction or elimination of benefits.

Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any
way, supplements, or other employee benefits or favorable practice being enjoyed by the
employee at the time of promulgation of this issuance.