SOCIAL LEGISLATION 2nd EXAM

SOCIAL LEGISLATION it may provide;
 Social Security Benefits (RA 1161, as amended
by RA 8282) "(b) The full payment shall be advanced by the
 GSIS (RA 8291) employer within thirty (30) days from the filing of
 Limited Portability Law (RA 7699) the maternity leave application;
 Benefits under the Employees’ Compensation
Program (PD 626) "(c) That payment of daily maternity benefits shall
 PhilHealth Benefits (RA 7875, as amended by be a bar to the recovery of sickness benefits
RA 9241) Provided by this Act for the same period for which
 Pag-ibig Benefits (RA 9679) daily maternity benefits have been received;

 Maternity Leave (RA 1161, as amended by RA "(d) That the maternity benefits Provided under this
8282) section shall be paid only for the first four (4)
 Paternity Leave (RA 8187) deliveries or miscarriages;
 Parental Leave for solo Parents (RA 8972)
 Leave for Victims of VAWC (RA 9262) "(e) That the SSS shall immediately reimburse the
 Thirteenth Month Pay (PD 851) employer of one hundred percent (100%) of the
 Expanded Senior Citizen’s Act (RA 7432) amount of maternity benefits advanced to the
 Magna Carta for Women (RA 9710) employee by the employer upon receipt of
 Expanded Senior Citizen’s Act (RA 7432 as satisfactory proof of such payment and legality
amended by RA 9994 and RA 10645) thereof; and
 Anti-Age Discrimination in Employment Act (RA
10911) "(f) That if an employee member should give birth or
 Discrimination re: Illnesses suffer miscarriage without the required contributions
a. Tuberculosis (DOLE Dept. Order No. 73- having been remitted for her by her employer to the
05, S. of 2005 SSS, or without the latter having been previously
b. Hepatitis B (Department Advisory No. notified by the employer of the time of the
5, S. of 2010 pregnancy, the employer shall pay to the SSS
c. HIV & Aids (DOLE Dept. Order 102-1, damages equivalent to the benefits which said
S.of 2010 and RA 8504 employee member would otherwise have been
entitled to.

(RA 1161, as amended by RA 8282)
Maternity Leave
A. Coverage (RA 8187)
This benefit applies to all female employees, whether Paternity Leave
married or unmarried. A. Coverage
Paternity Leave is granted to all married male
B. Entitlement employees in the private sector, regardless of their
Every pregnant employee in the private sector, employment status (e.g., probationary, regular,
whether married or unmarried, is entitled to contractual, project basis). The purpose of this benefit
maternity leave benefit of is to allow the husband to lend support to his wife
 (60) days in case of normal delivery or during her period of recovery and/or in nursing her
miscarriage, or newborn child.
 (78) days, in case of Caesarian section
delivery, Government employees are also entitled to the
 with benefits equivalent to one hundred paternity leave benefit. They shall be governed by the
percent (100%) of the average daily salary Civil Service rules.
credit of the employee as defined under the
law. B. The Paternity Leave Benefit
Paternity leave benefit shall apply to the first four (4)
To be entitled to the maternity leave benefit, a female deliveries of the employee’s lawful wife with whom he
employee should be is cohabiting. For this purpose, “cohabiting” means the
1. an SSS member employed at the time of her obligation of the husband and wife to live together.
delivery or miscarriage;
2. she must have given the required notification If the spouses are not physically living together
to the SSS through her employer; and because of the workstation or occupation, the male
3. her employer must have paid at least three employee is still entitled to the paternity leave benefit.
monthly contributions to the SSS within the
twelve-month period immediately before the The paternity leave shall be for seven (7) calendar
date of the contingency (i.e., childbirth or days, with full pay, consisting of basic salary and
miscarriage). mandatory allowances fixed by the Regional Wage
Board, if any, provided that his pay shall not be less
The maternity leave benefit, like other benefits granted than the mandated minimum wage.
by the Social Security System (SSS), is granted to
employees in lieu of wages. Thus, this may not be C. Usage of the paternity leave shall be after the
included in computing the employee’s thirteenth- delivery, without prejudice to an employer’s policy of
month pay for the calendar year. allowing the employee to avail of the benefit before or
during the delivery, provided that the total number of
"SEC. 14-A. Maternity Leave Benefit. - A female days shall not be more than seven (7) calendar days
member who has paid at least three (3) monthly for each covered delivery.
contributions in the twelve-month period
immediately preceding the semester of her D. Conditions for Entitlement
childbirth or miscarriage shall be paid a daily A married male employee shall be entitled to paternity
maternity benefit equivalent to one hundred percent leave benefit provided that he has met the following
(100%) of her average daily salary credit for sixty conditions:
(60) days or seventy-eight (78) days in case of 1. He is an employee at the time of the delivery of
caesarian delivery, subject to the following his child;
2. He is cohabiting with his spouse at the time
conditions:
that she gives birth or suffers a miscarriage;
3. He has applied for paternity leave with his
"(a) That the employee shall have notified her employer within a reasonable period of time
employer of her pregnancy and the probable date of from the expected date of delivery by his
her childbirth, which notice shall be transmitted to pregnant spouse, or within such period as may
the SSS in accordance with the rules and regulations

Provided. absence of the parents or solo parent. WHAT ARE THE CONDITIONS FOR THE benefits and privileges to solo parents and their TERMINATION OF THE PRIVILEGES OF A SOLO children. or by he/she will avail himself/herself of it. No employer shall discriminate against any solo parent employee with respect to terms and conditions of Where a company policy. consisting of basic salary and mandatory allowances. children. and miscarriage. In case of a reasonable period of time. if PARENTS? the other parent is abroad and has lost contact Solo Parent is any individual who falls under any of the with his/her family for a year or more. 1) A woman who gives birth as a result of rape and may be considered as solo parent. That any employer may request 2. [Section 6] shall adjust the existing benefit to cover the Protection against work discrimination difference. certified by a public medical practitioner. conviction of the offender. provided that mother keeps and raises the child. SOCIAL LEGISLATION 2nd EXAM be provided by company rules and regulations. etc. the other following categories: parent who is left with the custody of the family. Solo Parent Identification Card. spouse for at least one (1) year. d. His wife has given birth or suffered a abandonment. claiming the benefit under the law. benefits such as change in the status with marriage. DOES THE SOLO PARENT ACT APPLY TO THOSE WHOSE SPOUSE IS ABROAD?  Its (IRR) was approved in April 2002. Legal separation or de facto separation from  psychosocial. e. GRANT OF FLEXIBLE WORK SCHEDULE collective bargaining agreement. pregnant spouse. shall terminate his/her eligibility for this (RA 8972) benefit. That the same calendar days as provided for in RA 8187. shall terminate his/her eligibility for agencies including NSO and other related NGOs. Declaration of nullity or annulment of marriage I. as long as  educational. Housing (NHA) . prior application for paternity leave shall (3) He/she has presented to his/her employer a not be required. Due to death of spouse. [Section 7] bargaining agreement provides for an emergency or contingency leave without specific provisions on E. 2000. Educational Services (CHED. Application for Paternity Leave A solo parent employee shall be entitled to the The married male employee shall apply for paternity parental leave under the following conditions: leave with his employer within a reasonable period of (1) He/she has rendered at least one (1) year of time from the expected date of delivery by his service. whether continuous or broken. the concerned parent is no longer left WHEN DID RA 8972 TAKE EFFECT? alone with the responsibility of parenthood.  Signed into law on November 7. Health Services (DOH) and support to a child or children. G. The law did not consider this as one of the categories of solo parent since the other spouse A. it C. WHAT IS THE PACKAGE OF SERVICES FOR 2) Parent left solo or alone with the responsibility of SOLO PARENT? parenthood due to the following circumstances: The comprehensive package of programs/services for a. and of head of family as a result of the death. or The employer shall provide for a flexible working company policy is greater than seven (7) schedule for solo parents: Provided. or within such period as may be (2) He/she has notified his/her employer that provided by company rules and regulations. the National Economic and Development Authority 3) Unmarried mother/father who has preferred to (NEDA) and subject to the assessment of the DSWD keep and rear her/his child/children instead of worker in the area shall be eligible for assistance. further. Crediting of Existing Benefits 1. COVERAGE: WHO ARE CONSIDERED AS SOLO still exercises duties over his/her family. solo parents includes b. It aims to develop a comprehensive package PARENT? of social development and welfare services for solo A change in the status or circumstances of the parents and their children to be carried out by the parent claiming benefits under this Act. Spouse is detained or is serving sentence for a  livelihood. Parental Leave for Solo Parents Act RA 8972 or the Solo Parent’s Welfare Act provides for F. 4. c. G. as the lead agency. with full pay. WHAT ARE THE CRITERIA FOR SUPPORT? as decreed by a court or by a church as long as Any solo parent whose income in the place of he/she is entrusted with the custody of the domicile falls below the poverty threshold as set by children. or collective employment on account of his/her status. AVAILMENT shall not be convertible to cash and shall not be The parental leave is an additional benefit which shall cumulative. B. In the event that the paternity leave is not availed of. H.  employment-related benefits. the employer shall grant to the A change in the status or circumstance of the parent employee seven (7) calendar days of paternity leave. 2000  Took effect on November 28. agencies to avail of their services: 4) Any other person who solely provides parental care 1. If the existing paternity leave benefit under the D. the employer on certain meritorious grounds. various government of parenthood. provided proofs other crimes against chastity even without a final are presented to qualify as such. he/she is entrusted with the custody of the  health and housing services. If the existing paternity leave benefit is less exemption from the above requirements from the DOLE than that provided in RA 8187. Conditions for entitlement E. disappearance or prolonged miscarriage. within a collective bargaining agreement. such that Department of Social Welfare and Development he/she is no longer left alone with the responsibility (DSWD). 5) Any family member who assumes the responsibility or by collective bargaining agreement. TERMINATION OF THE BENEFIT paternity leave. be for seven (7) working days every year. contract. Physical and/or mental incapacity of spouse as  self-employment and skills development. which may be obtained from the DSWD office of the city or F. 2. contract. TESDA) 3. criminal conviction for at least one (1) year. such that he/she is no longer left alone with the responsibility of parenthood. However. Nonconversion to Cash municipality where he/she resides. the shall not affect individual and company productivity: greater benefit shall prevail. A having others care for them or give them up to a Solo Parent can directly inquire from the following welfare institution.

g. communion. The solo parent employee may avail of parental flexible work schedule. Perform parental obligations such as A solo parent shall apply for a Solo Parent enrollment and attendance in school Identification Card (Solo Parent ID) from the programs. the Solo Parent ID. or against a AN ID BE SECURED RIGHT AWAY? No. a. The ID will be issued after 30 child. Further. Parental Leave (Employer. 5. as long as the child is living with him/her. DOLE. battery. PTA meetings and the like. Yes. CAN a woman who is his wife. or against her child whether legitimate or days from filing. The parental leave shall be availed of every year benefit is not availed of. Definition SEPARATED FROM HUSBAND/WIFE? A Certificate “Violence against women and their children. IS THE 7-DAY PARENTAL LEAVE IN ADDITION TO C. assault. Income Tax Return (ITR) or certification from the maternity leave for Solo Parents. unmarried. Women and Their Children Act of 2004”). The validity of the ID is one year and is illegitimate. service for a least one (1) year. if any. series 2004. WHAT ARE THE CONDITIONS FOR GRANTING consisting of basic salary and mandatory allowances PARENTAL LEAVE TO SOLO PARENTS? The parental fixed by the Regional Wage Board. Parental leave is non-cumulative and can be availed only during the current year. Requirement for Entitlement THE EXISTING 3-DAY SPECIAL LEAVE PRIVILEGE? To be entitled to the leave benefit. unemployed and D. dependent for support. or economic abuse WHAT IS PARENTAL LEAVE? including threats of such acts. however. that an action relative to FOR ANY CHILD? the matter is pending. and LEAVE? There is no provision in the law that there is a 3. threshold shall enjoy only such limited benefits as 4. sexual. to ascertain if grounds for termination and 2. PACKAGE OF SERVICES? b. or eighteen (18) years In addition to other paid leaves under existing labor old and above but is incapable of self-support and/or laws. Once the C/MSWD Office issues recreational needs of the child. employee has to attend to medical and legal concerns. WHAT ARE THE STEPS TO AVAIL OF THE other similar events. The Social woman with whom the person has or had a sexual or Worker has to complete the assessment/evaluation of dating relationship. Attend to medical social. The Benefit below eighteen (18) years old. harassment or arbitrary deprivation of solo parent to enable said parent to perform parental liberty. former wife. 3. company policies. “refers to any act or a series of acts committed by any person against IF A SOLO PARENT FILES THE APPLICATION. Attend to personal milestones of a child such as birthday. CSC) parental leave at least one (1) week prior to availing the solo parent leave.” as issued by the Barangay Captain indicating the used in Republic Act 9262 (the “Anti-Violence Against circumstances on one’s being a solo parent. a solo parent can apply for d. declaration of nullity of marriage. the Definitions solo parent shall submit the application for . spiritual and (C/MSWD) Office. In the event that the leave 2. as the case may be. Usage of the Benefit effectivity of the law on September 22. leave of seven (7) days shall be granted to any Solo The said leave shall be extended when the need arises. within the calendar year. it can only be The leave benefit shall cover the days that the woman availed after the issuance of the Solo Parent ID. If not availed cash and shall not be cumulative. it shall not be convertible into and shall not be convertible to cash. The parental leave shall be availed of on a (RA 9710) continuous or staggered basis. Barangay certificate residency in the area. City/Municipal Social Welfare and Development c. or with whom he has a common the solo parent situation. which renewable.” duties and responsibilities where physical presence is required as provided under Civil Service Commission B. The solo parent must have rendered government barangay or the court. Parent employee subject to the following conditions: as specified in the protection order issued by the 1. will result in or is likely to result in physical. chairman (Punong Barangay) or barangay councilor (Barangay Kagawad) or prosecutor or the Clerk of CAN A SOLO PARENT APPLY FOR PARENTAL LEAVE Court. where physical presence of assistance/services. parental leave and others to leave under any of the following circumstances: be determined by the DSWD. The head of agency/office concerned may WHAT ARE THE REQUIREMENTS IN SECURING A determine whether granting of parental leave is SOLO PARENT ID? proper or may conduct the necessary investigation 1. and/or collective bargaining with physical/mental defect/disability. parent (e. whether continuous or broken. herein. The usage of the ten-day leave shall be at the option of regardless of the employment status the woman employee. 2002. Private sector women employees who are victims as defined in RA 9262 shall be entitled to the paid leave IS PARENTAL LEAVE RETROACTIVE SINCE THE benefit under such terms and conditions provided LAW TOOK EFFECT LAST NOVEMBER 2000? No. agreements. Other similar circumstances necessary in the services he/she needs from the C/MSWD Office or performance of parental duties and to specific agencies providing such responsibilities. 08. within or without the family abode. Documents/Evidence that the applicant is a solo withdrawal of the privilege exist. (RA9262) Leave for Victims of VAWC WHAT DOCUMENT/PROOF WILL A SOLO PARENT PRESENT IF HE/SHE HAS CHILD OR IS DE FACTO A. medical CAN A SOLO PARENT AVAIL OF THE MATERNITY certificate – if incapacitated). said privilege shall be forfeited within the same year. death certificate of spouse. subject to the SPECIAL LEAVE FOR WOMEN approval of the Administrator. the only The law clearly indicates that the granting of the 7-day requirement is for the victim employee to present to parental leave is on top of the 3-day special leave and her employer a certification from the barangay other mandatory leave benefits. psychological harm or suffering. the qualified victim employee shall be entitled to a leave of up to ten (10) days with full pay. the parent is required. Parental Leave refers to leave benefits granted to a coercion. Coverage and Purpose (CSC) Memorandum Circular No. except on Solo parent whose income is above the poverty emergency cases. reckoned at the time of the E. can be applied. SOCIAL LEGISLATION 2nd EXAM 4. In this regard. other laws barangay/municipal treasurer. graduation and J.

discharge. 102552 December 10. 2. may be provided by company rules and regulations or 3. premium. D. All employees not falling wage and commission).month pay or more in a calendar year or its the expected date of surgery or within such period as equivalent at the time of the issuance of PD 851. Thirteenth-Month Pay for Certain Types of B. recall. Inc. No. cervix. 1993. The following employers are not covered by PD 851: C. these salary related “Gynecological disorders” refers to disorders that benefits should be included as part of the basic salary would require surgical procedures such as. The Special Leave Benefit irrespective of the time consumed in the performance The employee is entitled to special leave benefit of two thereof (except those workers who are paid on piece- (2) months with full pay based on her gross monthly rate basis. ovaries. assign. and other payments amounting to not less than one-twelfth (1/12) of the basic salary but shall not F. cash receive her pay before or during the surgery. F. Thus: . overtime. and 3. It does not include allowances A. employees. SOCIAL LEGISLATION 2nd EXAM Special leave benefit for women means a female The thirteenth-month pay shall not be less than one- employee’s leave entitlement of two (2) months with twelfth (1/12) of the total basic salary earned by an full pay from her employer based on her gross monthly employee in a calendar year. commission.R.. boundary or task basis. G. based on their earnings during the employees. without regard to the time E. or to effectively recommend such calendar year (i. fallopian tubes. Minimum Amount included in the generic term wage. It shall also include hysterectomy. as certified by a competent physician. them thirteenth-month pay). In the consolidated cases of Boie Takeda Chemicals. She has rendered at least six (6) months continuous including government-owned and controlled aggregate employment service for the last twelve (12) corporations. Employers of those who are paid on purely disorders as certified by a competent physician. provided they agreement between the employer and the worked for at least one (1) month during a calendar recognized/collective bargaining agent of the year. however. every piece or unit of work produced that is more or less regularly replicated. on both their fixed or guaranteed managerial actions. within this definition are considered rank-and- file employees. The government and any of its political subdivisions. breast. The special leave shall be granted to the qualified employee after she has undergone surgery without The term "its equivalent" as used in item D. She has undergone surgery due to gynecological 4. pelvic floor. or discipline month pay. adnexa and company practice or policy. suspend. midyear bonus. while C. Gross monthly compensation refers to the monthly As used herein. Definition of Rank-and-File Employees Employees The Labor Code. A. transfer.2 above prejudice to an employer allowing an employee to shall include Christmas bonus. and Philippine Fuji Xerox Corporation vs. such shall be entitled to a special leave benefit under such as the cash equivalent of unused vacation and sick terms and conditions provided herein. employees not later than December 24 of every year. Persons in the personal service of another in relation collective bargaining agreement. as well as nonmonetary benefits. allowance. cost of living The special leave shall be non-cumulative and non.R. She has filed an application for special leave with 2. and all other allowances regularly enjoyed convertible to cash unless otherwise provided by a by the employee. However. compensation following surgery caused by gynecological disorders. Exempted Employers mastectomy. Time of Payment of Thirteenth-Month Pay (PD 851) The thirteenth-month pay shall be paid not later than Thirteenth Month Pay December 24 of every year. leave credits. Coverage and monetary benefits which are not considered or Any female employee regardless of age and civil status integrated as part of the regular or basic salary. Conditions for Entitlement 1. vs. No.e. distinguishes a rank-and- file employee from a managerial employee. ovariectomy and D. the Supreme Court ruled that commissions. as amended. regardless of the December 24 of every year. “workers paid on piece-rate basis” basic pay plus mandatory allowances fixed by the shall refer to those who are paid a standard amount for regional wage boards. plus commission are also entitled to the thirteenth- layoff. Definition of Term allowance (COLA). in which case their employer shall grant compensation. bonuses. The thirteenth month pay should be given to the employees. Usage spent in producing the same. Employees Union. essentially as private subsidiaries of the government. Employees who are paid a fixed or guaranteed wage management policies and/or to hire. An employer. and to such workers. 92174 December The above distinction shall be used as guide for the 10. Employers who are already paying their employees her employer within a reasonable period of time from thirteenth. provided that she has The "basic salary" of an employee for the purpose of rendered continuous aggregate employment service of computing the thirteenth-month pay shall include all at least six (6) months for the last 12 months. Trajano and Philippine Fuji Xerox employees entitled to the thirteenth month pay. 1993. Employees who are paid on piecework basis are managerial employee is one who is vested with entitled to the thirteenth-month pay. Nonconversion to Cash include cash and stock dividends. purpose of determining who are rank-and-file Cresenciano B. E. A 1. through individual or collective agreement. are not part of "basic salary/wage" and therefore should not be included in computing the thirteenth-month pay. uterus. remunerations or earnings paid by his or her employer for services rendered. and cost of living B. but not in the computation of the thirteenth-month pay if these limited to dilatation and curettage and those involving are treated as part of the basic salary of the female reproductive organs such as the vagina. collective bargaining agreement (CBA). night shift differential and holiday pay. 1. G. and those who are paid a fixed amount for performing specific work. Dionisio de la Serna. except those corporations operating months prior to surgery. powers or prerogatives to lay down and execute 2. Coverage may give to his or her employees one half (1/2) of the thirteenth-month pay before the opening of the regular All employers are required to pay their rank and file school year and the remaining half on or before employees thirteenth-month pay. The frequency of payment nature of their employment and irrespective of the of this monetary benefit may be the subject of an methods by which their wages are paid.

SSS and PAG-IBIG as mandatory PhilHealth coverage for all senior enjoyed by those in active service. firms. Non-inclusion in Regular Wage o Assistance of a minimum of P2. and other services. banking. MRT. guaranteed wage plus commission. 7432. accessories and *Here are some things to take note on purchases: equipment Credit Card Payments o Medical and dental services 20% discount and VAT exemption shall also apply to o Professional fees of attending physician purchase of goods and services paying through credit o Professional fees of licensed health cards. and private government establishments. credited as part of the regular wage of employees for OTHERS purposes of determining overtime and premium  Express lanes payments. taxi and shuttle services Tax deduction  Hotels. grants. January to September. in consummating sales or other related transactions. as agencies subject to the guidelines issued well as employees working in two or more private by DTI. the senior citizen can only use either o Air and Sea his/her senior citizen ID or PWD ID to avail of a 20% o Land: LRT. priority shall retirement plans. charges and rental for sports SENIOR CITIZENS TO NATION BUILDING.  RA 9994. an amendment to RA 7432 to  Benefits and privileges for retirees include additional services o Continuance of the same benefits and  RA 10645. including private educational institutions. regardless of their total earnings from each of their employers. cremation assembled: cost. medicines.  Educational privileges (RA 7432) Expanded Senior Citizen’s Act o Assistance shall be granted to senior  Republic Act No. DOLE. the fixed or provided that the meter is registered under guaranteed wage is patently the "basic salary" for this the name of the senior citizen residing is what the employee receives for a standard work therein and does not exceed 100 kWh and period. or the Expanded Senior citizens to pursue education through provision of scholarships. PNR. rendered concert halls. as such. citizens. the time of his or her resignation or termination from  Social safety nets the service.  Privileges on special discounts in special DISCOUNTS* programs In order to avail of these benefits. o Medicine and drug purchases o Medical supplies. financial Citizens Act of 2003 aids. buses. subsidies and other incentives. Social Security System. embalming.  Utility discount “SECTION 1. whether on full-time or part-time basis. an amendment to RA 9994 to provide privileges by GSIS. theaters.month pay from all their  Free medical and dental services private employers. workers providing home health care No double discounts services In cases where the senior citizen is also a person with  Transportation disability (PWD). are FREEBIES entitled to the thirteenth. be given in their absence. the thirteenth-month pay is entitled to this monetary  Mandatory PhilHealth coverage benefit in proportion to the length of time he or she has o All senior citizens are covered by the worked during the year. Thirteenth-Month Pay of Resigned or  Social Pension Separated Employee o Indigent senior citizens shall be entitled to a monthly stipend amounting to P500 to An employee who has resigned or whose services are augment daily subsistence and other terminated at any time before the time of payment of medical needs. leisure and amusement FULL TEXT  Recreation centers AN ACT TO MAXIMIZE THE CONTRIBUTION OF o Fees. and thirteenth-month pay should be equal to one-twelfth financial assistance for house repair to (1/12) of his or her total basic salary earned during that cushion effects of economic. jeepneys. restaurants. Establishments may claim the discounts as tax places of leisure deductions based on the cost of goods sold or services o Hotels. cinemas.  Free vaccinations GOVERNMENT ASSISTANCE G. if he or she worked only from o The social safety assistance shall include. which this Court has  Tax exemption made clear do not form part of the "basic salary" (228 o Exemption from payment of individual SCRA 329 [1993]). Commissions are given for extra efforts exerted 30 m³. SOCIAL LEGISLATION 2nd EXAM o Grant of a minimum of 5% discount relative In remunerative schemes consisting of a fixed or to the monthly use of water and electricity. discount. EXEMPTIONS They are. calamity shocks. Thus. reckoned from the time he or national health insurance program of she has started working during the calendar year up to PhilHealth. commercial and National Health Insurance Program. as well as contributions to o Express lanes shall be provided in all the State Insurance Fund.  Death benefit assistance H. Employees with multiple employers  Training fee exemption o Training fees for socio-economic programs Government employees working part-time in a private conducted by private and government enterprise. TESDA and DOST-TRC. DA. disaster and period. income tax of those who are considered to be minimum wage earners 3. recreational facilities. – As provided in the Constitution of the Republic of the . circuses. Be it enacted by the Senate and House o Funeral and burial expenses include of Representatives of the Philippines in Congress casket or urn. restaurants. fringe benefits. food. additional pay. private. Declaration of Policies and Objectives. his or her proportionate but not be limited to.000 shall be given to the nearest surviving relative who The mandated thirteenth-month pay need not be took care of the deceased senior citizen. GRAND facilities and equipment BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER  Funeral services PURPOSES. the senior citizen or  20% discount on: his/her authorized representative shall present a valid  Medical-related privileges and original Senior Citizens’ Identification Card.

replacement or nation and free the people from poverty through repositioning of teeth. outpatient clinics and tourist inn. Section 11 of the Constitution provides uncles and aunts. of their training mentioned in Section 4. it is the declared policy of the State to e. sickly or with disability. patient at home by licensed health care health and other social services available to all the professionals to include. . parents. Medical Services refer to hospital services. To give full support to the improvement of the SECTION 3. Nearest surviving relative refers to the legal and 11. paragraph e. b) actual teaching and to contribute to nation building. Indigent senior citizen. Article XV. this as determined by the Department of Social Act shall serve the following objectives: Welfare and development (DSWD) in a. In consideration of the f. and such other essential medical every political unit of society. “In accordance with these objectives. edifice. refers to any elderly who of the Constitution Further declares that it is the is frail. this Act shall: 1) establish mechanisms whereby the SECTION 4. That where no spouse survives development and that the State values the dignity of the decedent. alveolar or periodontium process of the maxilla promote full employment. apartment or house including medical facilities. including the 4) establish community-based health and purchase of influenza and pnuemococcal rehabilitation programs for senior citizens in vaccines. Privileges for the Senior Citizens – contributions of the senior citizens are The senior citizens shall be entitled to the following: maximized. care services as endorsed by private professional services of physicians and other hospitals or employed through home health health care professionals and diagnostics and care employment agencies. and caregivers. Principles and State Policies in Article II. To encourage their families and the skills. grandparents. Definition of Terms. promote a just and dynamic social order that will permanent and temporary filling. Contribution to the Community. but not limited to. tourist aid. a) the grant of twenty percent (20%) discount and 2) adopt measures whereby our senior citizens are exemption from the value -added tax (VAT). professional health providing home health d. manufacturers and distributors. but society. restoration. leasing or providing (3) on the professional fees of licensed facilities to transients. To motivate and encourage the senior citizens consultancy services. To recognize the important role of the private services rendered by the qualified elderly. environmental protection and the valued Filipino tradition of caring for the like. attending physician/s in all private hospitals. or alteration of the policies that provide adequate social services. in addition partnership. and government. and without duty of the family to take care of its elderly pension or permanent source of income. on the sale of the following goods and a whole. . human rights. to the other privileges provided for under Section 4 hereof. a rising standard of living and the mandible that are necessary for the and an improved quality of life. d) the transfer of new skills acquired by virtue senior citizens. b. “Consistent with these constitutional principles. In the Declaration of diagnosis or treatment of an illness or injury. a. house engaged in catering. Geriatrics refer to the branch of medical science retailers. siblings. Dental services to oral examination. health. cleaning. To provide a comprehensive health care and d). Sections 10 f. considering that for Senior Citizen Affairs (OSCA) may render his/her senior citizens are integral part of Philippine services to the community which shall consist of. services from all establishments. Lodging establishment refers to a building. To recognize the rights of senior citizens to consultation with the National Coordinating and take their proper place in society and make it Monitoring Board. elderly. Home health care service refers to health or comprehensive approach to health development supportive care provided to the senior citizen which shall endeavor to make essential goods. community. women and children. it is further declared that the State shall spouse who survives the deceased senior provide social justice in all phases of national citizen: Provided. if assisted and appreciated by the community as applicable.Any total well-being of the elderly and their full qualified senior citizen as determined by the Office participation in society. SOCIAL LEGISLATION 2nd EXAM Philippines. for the 3) establish a program beneficial to the senior exclusive use and enjoyment or availment of the citizens. extractions ensure the prosperity and independence of the and gum treatments. sharing of burden of discounts among b. that the State shall adopt an integrated and g. laboratory tests that the necessary for the (4) on medical and dental services. e) undertaking other appropriate services as rehabilitation system for disabled senior determined by the Office for Senior Citizens Affairs citizens to foster their capacity to attain a (OSCA) such as school traffic guide. people at affordable cost. devoted to the study of the biological and taking into consideration their respective physical changes and the diseases of old age. tourists or travelers. nurses. and preschool assistant etc. There shall be priority for physicians. margins. on the professional fees of c. “Article XIII. physical therapist the needs of the underprivileged. and laboratory fees in all private hospitals. sick. more meaningful and productive ageing. diagnostic diagnosis or treatment of an illness or injury. Senior citizen or elderly refers to any resident (2) “The DOH shall establish guidelines and citizen of the Philippines at least sixty (60) years mechanism of compulsory rebates in the old. his/her relatives to support his/her basic needs.” supplies. c) lectures on specialized fields like communities they live with to reaffirm the agriculture. not limited to. members while the State may design programs of compensation or financial assistance from social security for them. grandchildren. motorist hotel. this shall be limited to relatives in every human person and guarantees full respect for the following order of degree of kinship: children. Section 4 h. structure. any of the following: a) tutorial and/or c. the Office sector in the improvement of the welfare of for Senior Citizens Affairs (OSCA) may award or senior citizens and to actively seek their grant benefits or privileges to the elderly. – (DOH).” a concern of the family. accessories and equipment to be determined by the Department of Health SECTION 2. their families and the rest of the senior citizen community they serve: and (1) on the purchase of medicines. demonstration of hobbies and income generating d. apartelle. and pension home health care services. midwives. and disabled.

furthermore. x- SECTION 5. salaries and wages to senior citizens. whichever is higher. the Social Security System (SSS) exceed the latest poverty threshold as and the PAG-IBIG. is at least sixty (60) years of age as further provided in the implementing rules and b) exemption from the payment of individual regulations. shall be provided information and matching f) the DOH shall administer free vaccination against services to enable them to be productive the influenza virus and pneumococcal disease for members of society. and other laws.” e) free medical and dental services. . restaurants particular OSCA shall be honored and recreation centers. g) educational assistance to senior citizens to conform with the provisions of the Labor Code. regularly reviewed to ensure their continuing “The Department of Labor and Employment responsiveness and sustainability.“Senior citizens who have the guidelines to be issued by the DOH in capacity and desire to work. That the privilege applicable. diagnostic and laboratory fees such as. rules and vocational and technical education. and to the (DOLE). Terms of employment shall indigent senior citizen patients.“The Department of Education (DTI) and the Department of Agriculture (DA). That the total amount electricity and thirty cubic meters (30 m3) of of the claimed tax deduction net of VAT. upon the effectivity of this Act. as feasible: Provided. the upgraded to be at par with the current scale Technology and Livelihood Resource Center enjoyed by those in actual service. may submit as proof of his/her (6) in actual transportation fare for domestic air entitled thereto any of the following: transport services and sea shipping vessels (1) an identification card issued by the Office of and the like. based on the actual fare and the Senior Citizen Affairs (OSCA) of the place advanced booking. and Philippine National the senior citizen. Government Assistance. the government may Industry (DTI). percent (15%) of the total amount paid as including support for books. subject to and uniform allowances. equivalent to fifteen other incentives to qualified senior citizens. That the cost of the of the senior citizen residing therein: Provided. skills and welfare or livelihood support for subject to the guidelines to be issued for the senior citizens. if water: Provided. further. circuses. and leisure and amusement. 000. in all government facilities. coordination with the PhilHealth. Mass Rail “In the availment of the privileges mentioned above. representative. h) to the extent practicable and feasible. income taxes of senior citizens who are “In the purchase of goods and services which are on considered to be minimum wage earners in promotional discount. including Light Rail Transit (LRT). but not limited to. the senior citizen can avail of accordance with Republic Act No. in accordance commercial and government establishments. (2) the passport of the senior citizen concerned. shall be agencies such as. That the monthly consumption does not income for the same taxable year that the discount exceed one hundred kilowatt hours (100 kWh) of is granted: Provided. further. thousand pesos (Php2. SOCIAL LEGISLATION 2nd EXAM medical facilities. in with the rules and regulations to be issued the absence thereof. public utility senior citizen which amount shall be subject to jeepneys (PUJs). . where the senior citizen resides: Provided. in coordination with other government extent practicable and feasible. shuttle services and public railways. but not limited to. as amended. shall assess. the guidelines to be issued by the DSWD. (8) on admission fees charged by theaters. Asian utility vehicles adjustments due to inflation in accordance with (AUVs). (7) on the utilization of services in hotels and That the identification card issued by the similar lodging establishments. to the extent the provision of Section 34 of the NIRC. amended. That the individual meters for deduction based on the cost of the goods sold or the foregoing utilities are registered in the name services rendered: Provided. subsides and their gross income. computerized tomography scans and blood Government shall provide the following : tests. and Philippine Health Insurance Corporation l) death benefit assistance of a minimum of Two (PhilHealth). and (3) other documents that establish that the (9) on funeral and burial services for the death senior citizen is a citizen of the Republic and of senior citizens. as programs. (TLRC) and the Department of Trade and j) to the extent possible. That such minimum admission requirements. proper documentation and to the provisions of the d) exemption from training fees for socioeconomic National Internal Revenue Code (NICR). grants. priority shall be given to by the DOH. learning materials. financial aids. Coordination Board (NSCB) of the National i) retirement benefits of retirees from both the Economic and Development Authority (NEDA) government and the private sector shall be for that year. discount relative to the monthly utilization of “The establishment may claim the discounts granted water and electricity supplied by the public under subsections (a) and (c) of this section as tax utilities: Provided. in coordination with the them. and private schools through provision of shall be entitled to an additional deduction from scholarships. taxis. as the case may be. shall be included in their gross sales is granted per household regardless of the receipts for tax purposes and shall be subject to number of senior citizens residing therein. Transit (MRT). “Private entities that will employ senior citizens short-term courses for retooling in both public as employees.The rays. That senior citizens shall meet amended: Provided.00) shall be given to (5) in actual fare for land transportation travel the nearest surviving relative of a deceased in public utility buses (PUBs). the promotional discount or the discount provided c) the grant of a minimum of five percent (5%) herein. discount shall be allowed as deduction from gross further. tertiary. as well as regulations. and k) provision of express lanes for senior citizens in all home health care services. nationwide. the employment shall continue for a period of at continuance of the same benefits and privileges least six (6) months: Provided. That the given by the Government Service Insurance annual income of the senior citizen does not System (GSIS). as are determined by the National Statistical enjoyed by those in actual service. purpose by the Department of Trade and Industry b) Education . or his/her duly authorized Railways (PNR). post tertiary. cinema houses and concert halls. design and grant special discounts in special programs for implement training programs that will provide senior citizens on purchase of basic commodities. however. or be re-employed. subject to the a) Employment . outpatient clinics. 9504. pursue pot secondary.

shall institute a national health hundred pesos (Php500. subject to a review every two (2) years by community-based health workers among senior Congress. requires. SOCIAL LEGISLATION 2nd EXAM (DepED). in consultation with the DSWD.00) to augment the daily program and shall provide an integrated health subsistence and other medical needs of senior service for senior citizens.The Department of “(b) To draw up a list of available and required Transportation and Communications (DOTC) services which can be provided by the senior shall develop a program to assist senior citizens citizens. “(a) To plan. Development Authority (TESDA) and the and Commission on Higher Education (CHED). as establishment of housing units for the “The OSCA shall have the following functions: elderly. or Social Welfare and Development officer or by the bedridden senior citizens. expression. sourced from the disaster/calamity funds of LGUs where the senior citizens reside. Said appointee shall be chosen from a list (1) “self and social enhancement services” of three (3) nominees as recommended by a general which provide senior citizens opportunities assembly of senior citizens organizations in the city for socializing. 10351. established a “senior citizens’ ward” in every in accordance with the pertinent laws and government hospital. The social safety assistance which shall emergency purposes. formal and nonformal education. “The head of the OSCA shall be appointed to serve (2) “after care and follow-up services” for the interest of senior citizens and shall not be citizens who are discharged from the removed or replaced except for reasons of death homes or institutions for the aged. The Office for Senior Citizens Affairs homes that are government-run or non-stock. such “senior include. NGOs and POs for entitled to a monthly stipend amounting to Five senior citizens. among others.“Social safety assistance of their health conditions. the Technical Education and Skills starting from the first year of operation. citizens shall be covered by the national health “The national health program for senior citizens insurance program of PhilHealth. permanent disability or ineffective performance of especially those who have problems of his duties to the detriment of fellow senior citizens. sourced from the National Health Insurance Fund of “Throughout the country. organizing. and citizens’ ward” shall be reverted to its nature as financial assistance for domicile repair.“All senior citizens. Salary Grade 10 to be approved by the LGU (3) “neighborhood support services” wherein concerned. be harmonized with the ensure the enrollment of all senior citizens not National Prevention of Blindness Program of the currently covered by any existing category shall be DOH. h) Additional Government Assistance c) Health – “The DOH. citizens and health personnel to specialize in the geriatric care and health problems of senior “(2) Mandatory PhilHealth Coverage . programs for senior citizens. abandoned. in coordination with local “(1) Social Pension . residential community institute programs that will ensure access to or retirement village. and self-improvement. – There shall be established in all cities and non-profit domestic corporation organized and municipalities an OSCA to be headed by a senior operated primarily for the purpose of promoting citizen who shall be appointed by the mayor for a the well-being of abandoned. implement and monitor yearly work programs in pursuance of the objectives of this Act. shall the aforesaid home. activities and incapable of self-care. medicines. such areas. However. when intended to cushion the effects of economics shocks. and Municipal Social Welfare and Development Officer.“Indigent senior citizens shall be government units (LGUs). the community or family members provide “The head of the OSCA shall be assisted by the City caregiving services to their frail. This geriatric ward shall regulations. residential communities or center for senior citizens. It shall train citizens. free of charge. f) Access to Public Transport . but not limited to. food. (OSCA). in consultation with nongovernmental 2) priority in the construction or maintenance organizations (NGOs) and people’s of provincial or municipal roads leading to organizations (POs) for senior citizens. there shall be PhilHealth from proceeds of Republic Act No. unattached or “The Office of the Mayor shall exercise supervision homeless senior citizens and those over the OSCA relative to their plans. Funds necessary to shall. urgency of public necessity purposes so disasters and calamities shall be available for senior require. or homeless senior citizens. subject without prejudice to an extension if exigency so to the guidelines formulated by the DSWD. neglected. retirement villages solely for. nongovernmental institution caring for or “(d) To serve as a general information and liason establishing homes. such geriatric ward may be used for citizens. after which. shall be geriatric ward. sick. which shall provide incentives to individuals or shall be valid anywhere in the country. “The head of the OSCA shall be entitled to receive wherein both the senior citizens and their an honorarium of an amount at least equivalent to families are provided with counseling. The OSCA shall work e) Housing – The national government shall together and establish linkages with accredited include in its national shelter program the NGOs Pos and the barangays in their respective special housing needs of senior citizens.” discount shall be granted on the consumption of electricity. neglected. as “(e) To monitor compliance of the provisions of this follows: Act particularly the grant of special discounts and 1) realty tax holiday for the first five (5) years privileges to senior citizens. creative or municipality. be for the exclusive use of senior citizens who are in need of hospital confinement by reason “(3) Social Safety Nets . term of three (3) years without reappointment but unattached. to fully gain access to public transport facilities “(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national g) Incentive for Foster Care – The government individual identification cards. senior citizens. . reintegration with family and community. water. and telephone by the senior citizens center and residential care/group SECTION 6. subject to the d) Social Services – “At least fifty percent (50%) guidelimes to be issued by the DSWD. in (4) “substitute family care ” in the form of coordination with the Social Welfare and residential care or group homes for the Development Office.

. established by the DOH within sixty (60) days upon “The Board may call on other government agencies. he/she agency found violating any provision of this Act.000. citizens which are duly accredited by the DSWD and the CHED. 10.000. organization or any similar entity.00). Municipal Responsibility. thousand pesos (Php100. institutions or “If the offender is an alien or a foreigner. – A National Coordinating and Monitoring Board shall SECTION 8. Effectivity. the DOLE. establishments. including rules and regulations “(a) For the first violation. Separability Clause. or such other officer charged with the management of the . and after business entity. and a fine of not less than Fifty thousand pesos (Php50. the proper authorities may comply with the privileges under this Act before the also cause the cancellation or revocation of the Department of Justice (DOJ).” Sec. the DILG. programs in pursuance of the objectives of this Act. . Repealing Clause. the (4) representatives from five (5) NGOs for senior DOH. the TESDA. Finance. c) to Provided. (DILG) or an authorized representative. Resource person have no right to vote in the National Coordinating and Monitoring Board.00) but not more than One hundred thousand pesos (Php100. . or charges against any individual. shall be designated by the Sangguniang Bayan and the requirements to implement the provisions of this assisted by the Community Development Officer in Act shall be included in their respective budgets: coordination with the Department of Social Welfare Provided.000. the Housing “(3) the Secretary of the DTI or an authorized and Urban Development Coordinating Council representative. the Department of Tourism. . authorized representative. Implementing Rules and Regulations. 10. Monitoring and Coordinating Mechanism. institution. That the funds to be used for the national and Development.00) but not exceeding Two hundred thousand pesos (Php200. the DTI.00) but not exceeding One hundred SECTION 13. further. SOCIAL LEGISLATION 2nd EXAM “(f) To report to the mayor. For national government agencies. the Provincial business permit. decrees.000. less than six (6) months and a fine of not less than Fifty thousand pesos (Php50. and shall be deported immediately after service of “(g) To assist the senior citizens in filing complaints sentence. The Representatives of NGOs shall serve a period of tree guidelines pursuant to Section 4(a)(i) shall be (3) years. – Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act shall SECTION 12.All provisions of suffer the following penalties: laws. “(b) Vice Chairperson – the Secretary of the Sec. . business affairs shall be liable therefor. Penalties. the DOJ. any individual.000. establishments. managing partner. citizens duly accredited by the DSWD. . or agency refusing to due notice and hearing.” by the provisions of this Act. the municipal trial court in cities. general information and liaison center to serve the needs of the senior citizens. 11. as a line item under the under the DOH budget in b) to draw up a list of available and required services the subsequent General Appropriations Act (GAA): which can be provided by the senior citizens. Appropriations. – Department of the Interior and Local Government Within sixty (60) days from theeffectivity of this Act. provision of this Act shall be held to be “(b) For any subsequent violation.If any part or thousand pesos (Php100. franchise and Prosecutor’s Office. and five (5) NGOs or POs for the senior have service primarily for senior citizens. trial court. the officials thereof directly involved such as the president. and the Secretary of the DSWD shall formulate and adopt “(c) Members: amendments to the existing rules and regulations “(1) the Secretary of the DOJ or an authorized implementing Republic Act No. partnership. as amended by representative.” “SEC. other provisions hereof not less than two (2) years but not more than six (6) which are not affected thereby shall continue to be years and a fine of not less than One Hundred in full force and effect.000. and (HUDCC). the DOTC. orders.00). That the monthly social pension maintain and regularly update on a quarterly basis for indigent senior citizens in the first year of the list of senior citizens and to issue nationally implementation shall be added to the regular uniform individual identification cards which shall be appropriations of the DSWD budget in the valid anywhere in the country. d) to service as a subsequent GAA. the effectivity of this Act. Republic Act No. The functions of this office are: a) health program and for the vaccination of senior to plan. in consultation with the Department of representative.00). 7432. business entity.It shall be the be established which shall be composed of the responsibility of the municipality through the major following: to ensure that the provisions of this Act are “(a) Chairperson – the Secretary of the DSWD or an implemented to its fullest. 9257. “If the offender is a corporation. and SECTION 14. the regional or the municipal other similar privileges granted to any person. imprisonment of not less inconsistent herewith are hereby repealed and/or than two (2) years but not more than six (6) years modified accordingly. permit to operate. SEC. – The Necessary SECTION 7. imprisonment of unconstitutional or invalid. the DepED. general manager.This Act shall take effect “(c) Any person who abuses the privileges granted fifteen (15) days following its publication in one (1) herein shall be punished with imprisonment of not national newspaper of general circulation. “Upon filing of an appropriate complaint.There shall be established in the Office of the OSCA shall be appropriated and approved by the the Mayor an OSCA to be headed by a Councilor who LGUs concerned. implement and monitor yearly work citizens in the first year of the DOH and thereafter. or the establishment or business entity that fails to abide municipal circuit trial court. The Office for Senior Citizens Affair appropriations for the operation and maintenance of (OSCA). the NEDA. to carry out the objectives of “(2) the Secretary of the DOH or an authorized this Act. NGOs and Pos to serve as resource persons as the need arises. 9.