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L AW S A N D E X EC U T I V E I S S UA N C E S
ON
WOMEN’S RIGHTS AND WELFARE
g
Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Foreword

w omen in the Philippines have


always figured in history as strong,
courageous, decisive, caring, and nurturing leaders, revolutionaries,
patriots and mothers. Filipino women in pre-colonial times stood as
equals of men in command of leadership and family affairs. Their
subordination to men in the colonial era, could not stifle their spirit
for freedom and equality – like the young women of Malolos who
made their desire for education heard through a letter to the
Governor-General. In the years since, numerous laws and executive
issuances have been crafted recognizing the important role of women
not just in the family but in the nation’s economic and political growth.

This compendium of Philippine laws and executive issuances


is intended to serve as a reference material for legislators and policy
makers in crafting laws and formulating policies and programs that
will further empower women to achieve their full potential and engage
women meaningfully in nation building. Students and researchers
will also find this compilation helpful as it enables them to gain a
broader perspective on the spectrum of government initiatives to
protect and empower women.
The compendium brought together laws and executive
issuances crafted from the American period to the Commonwealth
era, the Japanese occupation, up to the country’s independence
covering the years 1900 to 2011. This compendium puts forth a
comprehensive historical evolution of legislation and implementing
regulations that define the terrain of women’s role, rights and welfare
in the country. The reader will see laws that are named Acts,
Commonwealth Acts, and Republic Acts. Executive issuances are
those promulgated by Presidents of the Philippines such as
Presidential Decrees and Executive Orders.

This is the third book in a series of topical compilation of


laws which is being produced by the House Secretariat, a most
commendable program of legislative documentation which will
certainly enrich the terrain of legislative policy making in the country.
That it has been due in partnership with the alumnae of the first
sorority in the University of the Philippines and the country, the U.P.
Sigma Beta Alumnae Foundation, Inc. augurs well for multi-sectoral
partnership efforts toward rationalizing the management of legislative
information resources.

I acknowledge the tireless efforts devoted to the production


of this book by the House Secretary General Marilyn B. Barua-Yap
and the Legislative Information and Resource Management
Department consisting of the Legislative Library Service and the
Archives and Museum Management Service, as well as the Printing
and Reproduction Service.

FELICIANO BELMONTE, JR.


Speaker
LEGISLATIVE MEASURES

TABLE OF CONTENTS

LAWS AND EXECUTIVE ISSUANCES ON


WOMEN’S RIGHTS AND WELFARE
Part I
LEGISLATIVE MEASURES

PAGE

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES 3

PUBLIC LAWS
ACT NO. 51 5
AN ACT APPROPRIATING SEVEN HUNDRED AND FIFTY
DOLLARS IN MONEY OF THE UNITED STATES, TO BE PAID TO
THE WIDOW OF EDUARDO KINTERO, CHIEF OF POLICE OF
TACLOBAN, LEYTE, OR TO THE COMMANDING OFFICER OF
THE DISTRICT FOR HER BENEFIT.

ACT NO. 342 6


AN ACT APPROPRIATING ONE THOUSAND FIVE HUNDRED
DOLLARS, LOCAL CURRENCY, TO BE PAID TO THE WIDOW
OF AMBROSIO CEBALLOS, PRESIDENT OF DAGAMI, LEYTE.

ACT NO. 348 7


AN ACT APPROPRIATING ONE THOUSAND FIVE HUNDRED
DOLLARS, IN LOCAL CURRENCY, TO BE PAID TO THE WIDOW
OF HONORATO QUISUMBING, LATE PRESIDENT OF THE TOWN
OF LOS BAÑOS, LAGUNA, OR TO THE COMMANDING OFFICER
OF THE DISTRICT FOR HER BENEFIT.

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

PUBLIC LAWS PAGE

ACT NO. 349 8


AN ACT APPROPRIATING ONE THOUSAND FIVE HUNDRED
DOLLARS, IN LOCAL CURRENCY, TO BE PAID TO THE WIDOW
OF JUAN VELASCO, LATE PRESIDENT OF NAGCARLAN,
LAGUNA, OR TO THE COMMANDING OFFICER OF THE
DISTRICT FOR HER BENEFIT.

ACT NO. 350 9


AN ACT APPROPRIATING ONE THOUSAND FIVE HUNDRED
DOLLARS, IN LOCAL CURRENCY, TO BE PAID TO MARIA E.
LONZUELA SANTOS, THE WIDOW OF, DON MARIANO
RAMIREZ, LATE PRESIDENT OF BOCAUE, BULACAN, OR TO
THE TREASURER OF THE PROVINCE FOR HER BENEFIT.

ACT NO. 351 10


AN ACT APPROPRIATING ONE THOUSAND DOLLARS, IN
LOCAL CURRENCY, TO BE PAID TO THE WIDOW OF
BONIFACIO ORTUA, LATE PRESIDENT OF THE PUEBLO OF
LAGONOY, AMBOS CAMARINES, ISLAND OF LUZON, OR TO
THE TREASURER OF THE PROVINCE FOR HER BENEFIT.

ACT NO. 1041 11


AN ACT AMENDING ACT NUMBERED TWO HUNDRED AND
NINETY, ENTITLED “AN ACT PROVIDING AN INEXPENSIVE
METHOD OF ADMINISTRATION UPON THE ESTATES OF CIVIL
EMPLOYEES OF THE PHILIPPINE GOVERNMENT WHO ARE
CITIZENS OF THE UNITED STATES, AND WHO DIE IN THE
SERVICE OF THE INSULAR GOVERNMENT, LEAVING SMALL
ESTATE UPON WHICH NO REGULAR ADMINISTRATION IS
DEEMED ADVISABLE,” AND PROVIDING A METHOD OF
PAYING SMALL AMOUNTS DUE ESTATES OF DECEASED
NATIVE EMPLOYEES WITHOUT THE EXPENSE OF
ADMINISTRATION.

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LEGISLATIVE MEASURES

PUBLIC LAWS PAGE

ACT NO. 1438 14


AN ACT PROVIDING FOR THE COMMITMENT OF JUVENILE
OFFENDERS BETWEEN CERTAIN AGES TO CHARITABLE OR
EDUCATIONAL INSTITUTIONS INSTEAD OF TO THE PUBLIC
PRISONS OR JAILS, AND FOR THE TRANSFER OF SUCH
OFFENDERS FROM PUBLIC PRISONS OR JAILS TO SUCH
CHARITABLE OR EDUCATIONAL INSTITUTIONS, AND FOR
OTHER PURPOSES.

ACT NO. 1918 17


AN ACT AMENDING ACT NUMBERED SEVENTY-FOUR, BY
MAKING WOMEN ELIGIBLE AS MEMBERS OF THE LOCAL
SCHOOL BOARD AND PROVIDING THAT TWO POSITIONS AT
LEAST SHALL BE HELD BY WOMEN.

ACT NO. 1924 18


AN ACT EXTENDING THE BENEFITS OF ACT NUMBERED
EIGHTEEN HUNDRED AND FIFTY-SEVEN TO MALE AND
FEMALE TEACHERS OF MUNICIPALITIES AND OF TOWNSHIPS
INHABITED BY CHRISTIAN TRIBES IN MINDORO AND
PALAWAN, AND IN THE SUBPROVINCE OF ABRA.

ACT NO. 1975 19


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF CLASSES
FOR THE INSTRUCTION AND TRAINING OF MALE AND
FEMALE NURSES UNDER THE SUPERVISION OF THE
DIRECTOR OF HEALTH.

ACT NO. 2138 23


AN ACT APPROPRIATING INSULAR FUNDS NOT OTHERWISE
APPROPRIATED, FOR THE PURPOSES MENTIONED IN ACT
NUMBERED NINETEEN HUNDRED AND SEVENTY-FIVE,
ENTITLED “AN ACT TO PROVIDE FOR THE ESTABLISHMENT
OF CLASSES FOR THE INSTRUCTION AND TRAINING OF MALE
AND FEMALE NURSES UNDER THE SUPERVISION OF THE
DIRECTOR OF HEALTH.”

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PUBLIC LAWS PAGE

ACT NO. 2161 24


AN ACT AMENDING ACT NUMBERED NINETEEN HUNDRED
AND SEVENTY-FIVE, ENTITLED “AN ACT TO PROVIDE FOR
THE ESTABLISHMENT OF CLASSES FOR THE INSTRUCTION
AND TRAINING OF MALE AND FEMALE NURSES UNDER THE
SUPERVISION OF THE DIRECTOR OF HEALTH,” BY REMOVING
THE RESTRICTION AS TO THE NUMBER OF NURSES OF EACH
SEX THAT MAY BE ADMITTED DURING ANY ONE YEAR.

ACT NO. 2467 25


AN ACT TO REORGANIZE THE PHILIPPINE TRAINING SCHOOL
FOR NURSES, TO ESTABLISH A SCHOOL OF MIDWIFERY, AND
FOR OTHER PURPOSES.

ACT NO. 2710 28


AN ACT TO ESTABLISH DIVORCE

ACT NO. 2988 31


AN ACT TO ABOLISH THE PUBLIC WELFARE BOARD AND
TRANSFER ITS POWERS AND FUNCTIONS TO THE OFFICE OF
THE PUBLIC WELFARE COMMISSIONER; MAKE THE BUREAU
OF DEPENDENT CHILDREN A DIVISION OF THE OFFICE OF
THE PUBLIC WELFARE COMMISSIONER; CHARGE SAID
OFFICE WITH THE ACTIVITIES AND FUNCTIONS RELATIVE
TO THE PROTECTION OF INFANCY, AS PROVIDED FOR IN ACTS
NUMBERED TWENTY-SIX HUNDRED AND THIRTY-THREE AND
TWENTY-NINE HUNDRED AND FIVE, AND WITH ALL WORK
IN GENERAL, RELATED WITH MATERNITY, HYGIENE, AND
CHILD WELFARE, AND FOR OTHER PURPOSES.

ACT NO. 3071 34


AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND
CHILDREN IN SHOPS, FACTORIES, INDUSTRIAL,
AGRICULTURAL, AND MERCANTILE ESTABLISHMENTS, AND
OTHER PLACES OF LABOR IN THE PHILIPPINE ISLANDS ; TO
PROVIDE PENALTIES FOR VIOLATIONS HEREOF, AND FOR
OTHER PURPOSES.

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LEGISLATIVE MEASURES

PUBLIC LAWS PAGE

ACT NO. 3157 38


AN ACT TO AMEND SECTIONS EIGHT HUNDRED AND
SEVENTY-TWO AND EIGHT HUNDRED AND SEVENTY-FOUR
OF THE ADMINISTRATIVE CODE, RELATIVE TO THE SOURCES
OF THE PENSION AND RETIREMENT FUND AND THE LIFE
PENSION OF THE OFFICERS AND ENLISTED MEN OF THE
CONSTABULARY.

ACT NO. 3200 41


AN ACT TO FACILITATE THE ESTABLISHMENT AND
OPERATION OF THE PUERICULTURAL INSTITUTIONS
ORGANIZED IN THE PHILIPPINE ISLANDS.

ACT NO. 3205 43


AN ACT TO AMEND SECTIONS EIGHT HUNDRED AND
SEVENTY-TWO AND EIGHT HUNDRED AND SEVENTY-FOUR
OF THE ADMINISTRATIVE CODE, AS AMENDED BY ACT
NUMBERED THIRTY-ONE HUNDRED AND FIFTY-SEVEN,
RELATIVE TO THE SOURCE OF THE PENSION AND
RETIREMENT FUND AND THE LIFE PENSION OF THE OFFICERS
AND ENLISTED MEN OF THE CONSTABULARY.

ACT NO. 3579 47


AN ACT AUTHORIZING THE TRANSFER TO WELFAREVILLE
OF ALL FEMALE PRISONERS CONFINED IN BILIBID PRISONS,
APPROPRIATING THE SUM OF SIXTY THOUSAND PESOS FOR
THIS PURPOSE, AND FOR OTHER PURPOSES.

ACT NO. 3799 48


AN ACT GRANTING CERTAIN COMPENSATION TO THE WIFE
OR LEGITIMATE CHILDREN UNDER THE AGE OF TWENTY-
ONE YEARS OF ANY SENATOR OR REPRESENTATIVE WHO
DIES DURING HIS TERM OF OFFICE, AND APPROPRIATING
FUNDS THEREFOR.

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PUBLIC LAWS PAGE

ACT NO. 3810 49


AN ACT GRANTING TO CONSUELO D. BORJA, A FRANCHISE
TO INSTALL, OPERATE, AND MAINTAIN AN ELECTRIC LIGHT,
HEAT, AND POWER PLANT IN THE MUNICIPALITY OF ILIGAN,
PROVINCE OF LANAO, PHILIPPINE ISLANDS.

ACT NO. 3815 50


AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS.

ACT NO. 3922 57


AN ACT TO AMEND ARTICLE THIRTEEN HUNDRED AND
EIGHTY-SEVEN OF THE CIVIL CODE, EMPOWERING MARRIED
WOMEN, OF AGE, TO DISPOSE FREELY OF HEIR
PARAPHERNAL PROPERTY, WITHOUT THE CONSENT OF THE
HUSBAND.

ACT NO. 4081 58


AN ACT PROVIDING FOR CERTAIN RESTRICTIONS IN THE
PRACTICE OF MIDWIFERY AND FOR OTHER PURPOSES.

ACT NO. 4091 59


AN ACT TO AMEND SECTION FIVE HUNDRED AND FIFTY-
THREE OF ACT NUMBERED ONE HUNDRED AND NINETY, AND
FOR OTHER PURPOSES.

ACT NO. 4112 61


AN ACT TO AMEND SECTION FOUR HUNDRED AND THIRTY-
ONE OF THE ADMINISTRATIVE CODE, AS AMENDED, BY
GRANTING THE RIGHT OF SUFFRAGE TO THE WOMEN AND
MAKING THEM ELIGIBLE TO ALL PUBLIC OFFICES, AND FOR
OTHER PURPOSES.

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LEGISLATIVE MEASURES

COMMONWEALTH ACTS PAGE

COMMONWEALTH ACT NO. 34 63


AN ACT TO PROVIDE FOR THE HOLDING OF A PLEBISCITE
ON THE QUESTION OF WOMAN SUFFRAGE.

COMMONWEALTH ACT No. 473 67


AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE
CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS
NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN
AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.

COMMONWEALTH ACT NO. 613 70


AN ACT TO CONTROL AND REGULATE THE IMMIGRATION OF
ALIENS INTO THE PHILIPPINES

COMMONWEALTH ACT No. 625 78


AN ACT PROVIDING THE MANNER IN WHICH THE OPTION
TO ELECT PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY
A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN

COMMONWEALTH ACT NO. 647 79


AN ACT TO GRANT MATERNITY LEAVE TO MARRIED WOMEN
WHO ARE IN THE SERVICE OF THE GOVERNMENT OR OF ANY
OF ITS INSTRUMENTALITIES.

COMMONWEALTH ACT NO. 701 81


AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED
THOUSAND PESOS FOR THE RESUMPTION OF THE
ACTIVITIES AND FUNCTIONS RELATIVE TO THE PROTECTION
OF EARLY INFANCY, MATERNITY, AND CHILD HEALTH.

COMMONWEALTH ACT NO. 704 83


AN ACT TO ESTABLISH MUNICIPAL MATERNITY AND
CHARITY CLINICS

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REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 21 85


AN ACT AUTHORIZING THE LEGITIMATE FATHER, OR, IN HIS
DEFAULT, THE MOTHER, OF ANY MINOR OR INCOMPETENT
PERSON HAVING A CLAIM OR SHARE IN A CLAIM AGAINST
THE GOVERNMENT OF THE PHILIPPINES OR OF THE UNITED
STATES, TO RECEIVE PAYMENT OF SAID CLAIM OR SHARE
WHEN THE AMOUNT THEREOF DOES NOT EXCEED FIVE
HUNDRED PESOS OR ITS EQUIVALENT IN DOLLARS

REPUBLIC ACT NO. 208 86


AN ACT PROVIDING A LIFE PENSION FOR WIDOWS OF EX-
PRESIDENTS OF THE PHILIPPINES

REPUBLIC ACT NO. 386 87


AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE
PHILIPPINES

REPUBLIC ACT NO. 679 116


AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND
CHILDREN, TO PROVIDE PENALTIES FOR VIOLATION HEREOF,
AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 856 121


AN ACT TO AMEND CERTAIN PROVISIONS OF THE PRIVATE
EMPLOYMENT AGENCY LAW IN ORDER TO GIVE ADDED
PROTECTION TO APPLICANTS FOR EMPLOYMENT

REPUBLIC ACT NO. 988 124


AN ACT GRANTING A LIFE PENSION TO THE WIDOW OF THE
LATE COMMISSIONER PEDRO GUEVARA IN CONSIDERATION
OF HIS MANY YEARS OF OUTSTANDING AND HIGHLY
MERITORIOUS PUBLIC SERVICE

REPUBLIC ACT NO. 1070 125


AN ACT AUTHORIZING THE PRESIDENT TO ISSUE
APPROPRIATE CERTIFICATES OF RECOGNITION TO WIDOWS,

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REPUBLIC ACTS PAGE

PARENTS AND NEXT OF KIN OF MEMBERS OF THE ARMED


FORCES OF THE PHILIPPINES WHO LOST OR SHALL LOSE
THEIR LIVES IN LINE OF DUTY

REPUBLIC ACT NO. 1131 127


AN ACT TO AMEND SECTIONS THREE, SEVEN AND TWELVE
OF REPUBLIC ACT NUMBERED SIX HUNDRED SEVENTY-NINE,
ENTITLED “AN ACT TO REGULATE THE EMPLOYMENT OF
WOMEN AND CHILDREN, TO PROVIDE PENALTIES FOR
VIOLATION HEREOF, AND FOR OTHER PURPOSES”

REPUBLIC ACT NO. 1883 130


AN ACT APPROPRIATING FUNDS AS COMPENSATION TO THE
WIDOWS AND/OR LEGITIMATE CHILDREN OF GOVERNMENT
OFFICERS AND EMPLOYEES IN THE EXECUTIVE
DEPARTMENT WHO DIED IN THEIR CRASHES IN THE
PROVINCE OF CEBU AND AT ILIGAN BAY

REPUBLIC ACT NO. 3835 131


AN ACT TO ESTABLISH THE WOMEN’S AUXILIARY CORPS IN
THE ARMED FORCES OF THE PHILIPPINES, TO PROVIDE THE
PROCUREMENT OF ITS OFFICERS AND ENLISTED
PERSONNEL, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 4909 134


AN ACT EXEMPTING FROM INCOME TAX THE TEN THOUSAND
DOLLARS PRIZE OF MISS GEMMA CRUZ AS MISS
INTERNATIONAL

REPUBLIC ACT NO. 5011 135


AN ACT GRANTING MRS. NATALIA AMPARADO A FRANCHISE
TO INSTALL, MAINTAIN AND OPERATE AN ELECTRIC LIGHT,
HEAT AND POWER SYSTEM IN THE MUNICIPALITY OF
ALIMODIAN, PROVINCE OF ILOILO

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REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 5238 136


AN ACT PROVIDING FOR THE ESTABLISHMENT OF A
MATERNITY AND CHILDREN’S HOSPITAL IN THE
MUNICIPALITY OF MARCOS, PROVINCE OF ILOCOS NORTE,
TO BE KNOWN AS MARCOS MATERNITY AND CHILDREN’S
HOSPITAL, AND AUTHORIZING THE APPROPRIATION OF
FUNDS THEREFOR

REPUBLIC ACT NO. 5273 137


AN ACT GRANTING FELICIANA E. ALVAREZ A FRANCHISE TO
CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND
COLDSTORAGES, AND TO DISTRIBUTE AND SELL ICE SO
MANUFACTURED AND FURNISH COLD STORAGE SERVICE IN
THE CITY OF QUEZON

REPUBLIC ACT NO. 5305 139


AN ACT GRANTING EMELIA MACALINO A FRANCHISE TO
CONSTRUCT, MAINTAIN AND OPERATE AN ICE PLANT AND
COLD STORAGE IN THE CITY OF ILOILO

REPUBLIC ACT NO. 5384 141


AN ACT GRANTING SYLVIA G. GUMABAO FRANCHISE TO
CONSTRUCT, MAINTAIN, AND OPERATE AN ICE PLANT AND
COLD STORAGE IN THE MUNICIPALITIES OF SANTIAGO AND
ECHAGUE, PROVINCE OF ISABELA, AND TO SELL AND
DISTRIBUTE ICE SO MANUFACTURED AND FURNISH COLD
STORAGE THEREIN AND IN THE MUNICIPALITIES OF ALICIA,
ANGADANAN, CAUAYAN, CABATUAN, SAN MATEO, RAMON,
CORDON, JONES, SAN AGUSTIN, SAN GUILLERMO AND SAN
ISIDRO, ALL IN THE PROVINCE OF ISABELA

REPUBLIC ACT NO. 5419 144


AN ACT GRANTING LOURDES BENGZON A FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND
COLD STORGE IN THE MUNICIPALITY OF BUGALLON,
PROVINCE OF PANGASINAN, AND TO SELL AND DISTRIBUTE
ICE AND SUPPLY COLD STORAGE IN THE MUNICIPALITIES

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REPUBLIC ACTS PAGE

OF LINGAYEN, BUGALLON, MANGATAREM, AGUILAR,


BINMALEY AND URBlZTONDO, ALL IN THE SAME PROVINCE

REPUBLIC ACT NO. 5453 146


AN ACT GRANTING TERESITA TIROL GARGANTIEL A
FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN AN
ICE PLANT AND COLD STORAGE IN THE MUNICIPALITY OF
BAYAWAN, PROVINCE OF NEGROS ORIENTAL, AND TO SELL
ICE AND TO SUPPLY COLD STORAGE THEREIN AND TO
NEIGHBORING MUNICIPALITIES

REPUBLIC ACT NO. 5685 149


AN ACT AUTHORIZING MARCELINA S. AQUINO TO TRANSFER,
ASSIGN, SELL OR MORTGAGE IN FAVOR OF ANY BANKING
OR FINANCING INSTITUTION HER FRANCHISES UNDER
REPUBLIC ACTS NUMBERED SIX HUNDRED NINETY-SEVEN
AND SEVEN HUNDRED FIFTY-SEVEN, TO INSTALL, OPERATE
AND MAINTAIN TELEPHONE SYSTEMS IN THE CITY OF
BUTUAN AND IN THE PROVINCE OF AGUSAN AND THE
MUNICIPALITIES ANP MUNICIPAL DISTRICTS THEREOF

REPUBLIC ACT NO. 5738 150


AN ACT GRANTING ANUNCIACION H. REYES A FRANCHISE
TO CONSTRUCT, OPERATE AND MAINTAIN A RADIO
BROADCASTINGSTATION IN THE CITY OF SAN CARLOS IN
PANGASINAN FOR EDUCATIONAL, CULTURALAND
COMMERCIAL PURPOSES

REPUBLIC ACT NO. 5904 153


AN ACT GRANTING LYNDA FELICIANO A FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND
COLD STORAGE IN THE MUNICIPALITY OF
MAKATI,PROVINCE OF RIZAL

REPUBLIC ACT NO. 5997 155


AN ACT GRANTING ENRICA M. REYES GARCIA A TEMPORARY
PERMIT TO CONSTRUCT, ESTABLISH, OPERATE AND

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REPUBLIC ACTS PAGE

MAINTAIN A COMMERCIAL RADIO BROADCASTING STATION


IN THE MUNICIPALITY OF KALIBO, PROVINCE OF AKLAN

REPUBLIC ACT NO. 6005 158


AN ACT GRANTING NATIVIDAD R. ORTEGA FRANCHISE TO
INSTALL, OPERATE AND MAINTAIN AN ELECTRIC LIGHT,
HEAT AND POWER SYSTEM AND AN ICE PLANT IN THE
MUNICIPALITY OF MAHAPLAG, PROVINCE OF LEYTE, AND
TO SELL AND DISTRIBUTE ELECTRIC LIGHT, HEAT, POWER
AND ICE PLANT

REPUBLIC ACT NO. 6008 161


AN ACT AMENDING REPUBLIC ACT NUMBERED FIFTY
HUNDRED AND FIVE, ENTITLED “AN ACT GRANTING
ESPERANZA LAZARO A FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE AN ICE PLANT IN BARRIO
DAMPALIT, MUNICIPALITY OF MALABON, PROVINCE OF
RIZAL.”

REPUBLIC ACT NO. 6025 163


AN ACT AMENDING SECTION ONE OF REPUBLIC ACT
NUMBERED THIRTY HUNDRED FIFTEEN BY GIVING
RETROACTIVE EFFECT TO THE PROVISIONS THEREOF. (re:
Armed Forces Retirement Act)

REPUBLIC ACT NO. 6098 164


AN ACT AUTHORIZING MARCELINA S. AQUINO TO TRANSFER,
ASSIGN, SELL OR MORTGAGE IN FAVOR OF ANY BANKING
OR FINANCING INSTITUTION HER FRANCHISE UNDER
REPUBLIC ACTS NUMBERED SIX HUNDRED NINETY-SEVEN
AND SEVEN HUNDRED FIFTY-SEVEN, TO INSTALL, OPERATE
AND MAINTAIN TELEPHONE SYSTEMS IN THE CITY OF
BUTUAN AND IN THE PROVINCE OF AGUSAN AND THE
MINICIPALITIES AND MUNICIPAL DISTRICTS THEREOF, AND
FURTHER MODIFYINGTHE PROVISIONS OF SAID FRANCHISE

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REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 6109 166


AN ACT GRANTING JOSEFINA B. RAMOS A FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN AN ICE PLANT AND
COLD STORAGE IN THE MUNICIPALITY OF GUIGUINTO,
PROVINCE OF BULACAN AND TO SELL ICE IN THE PROVINCE
OF BULACAN

REPUBLIC ACT NO. 6202 168


AN ACT CHANGING THE NAME OF SAN FELIPE ELEMENTARY
SCHOOL IN THE CITY OF NAGA TO ROSARIO V. MARAMBA
ELEMENTARY SCHOOL

REPUBLIC ACT NO. 6223 169


AN ACT CREATING BARRIO CRISPINA MARCOS IN THE
MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE

REPUBLIC ACT NO. 6237 170


AN ACT FURTHER AMENDING REPUBLIC ACT NUMBERED SIX
HUNDRED SEVENTY-NINE, AS AMENDED BY REPUBLIC ACT
NUMBERED ELEVEN HUNDRED THIRTY-ONE (RE: WOMAN
AND CHILD LABOR LAW)

REPUBLIC ACT NO. 6361 173


AN ACT PROVIDING FOR THE FIXING OF THE MAXIMUM
SELLING PRICE OF ESSENTIAL ARTICLES OR COMMODITIES,
CREATING THE PRICE CONTROL COUNCIL, AND FOR OTHER
PURPOSES

REPUBLIC ACT NO. 6423 178


AN ACT GRANTING ERNA P. CRUZ A FRANCHISE TO
CONSTRUCT, INSTALL, OPERATE AND MAINTAIN
AERONAUTICAL AND RADIO BROADCASTING AND
TELEVISION STATIONS IN THE ISLAND OF MINDANAO

REPUBLIC ACT NO. 6657 182


AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN
REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND
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REPUBLIC ACTS PAGE

INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS


IMPLEMENTATION, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 6662 188


AN ACT RENAMING THE BAY-ANG ELEMENTARY SCHOOL IN
BARANGAY BAY-ANG, MUNICIPALITY OF AJUY, PROVINCE OF
ILOILO, AS THE BEATRIZ D. TUPAS ELEMENTARY SCHOOL

REPUBLIC ACT NO. 6674 188


AN ACT CHANGING THE NAME OF BARANGAY COBOL,
MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE, TO
BARANGAY PETRA PIMENTEL AND FOR SOME OTHER
PURPOSE

REPUBLIC ACT NO. 6695 189


AN ACT RENAMING THE TUMAGA ELEMENTARY SCHOOL IN
ZAMBOANGA CITY AS THE CATALINA VDA. DE JALON
MEMORIAL SCHOOL

REPUBLIC ACT NO. 6725 190


AN ACT STRENGTHENING THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN WITH RESPECT TO
TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING FOR
THE PURPOSE ARTICLE ONE HUNDRED THIRTY-FIVE OF THE
LABOR CODE, AS AMENDED

REPUBLIC ACT NO. 6742 192


AN ACT CHANGING THE NAME OF THE BATAAN NATIONAL
SCHOOL OF ARTS AND TRADES IN BALANGA, BATAAN, TO
MEDINA LACSON DE LEON NATIONAL SCHOOL OF ARTS AND
TRADES

REPUBLIC ACT NO. 6746 193


AN ACT CHANGING THE NAME OF THE PIEDAD BARANGAY
HIGH SCHOOL TO DONA CARMEN DENIA CITY HIGH SCHOOL

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REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 6790 194


AN ACT CHANGING THE NAME OF THE SAGURONG
ELEMENTARY SCHOOL IN BARANGAY SAGURONG,
MUNICIPALITY OF PILI, PROVINCE OF CAMARINES SUR, TO
SOLEDAD MARASIGAN ELEMENTARY SCHOOL

REPUBLIC ACT NO. 6791 195


AN ACT CHANGING THE NAME OF THE STA. ISABEL
ELEMENTARY SCHOOL IN BARANGAY STA. ISABEL, CITY OF
SAN PABLO, PROVINCE OF LAGUNA, TO ANTONIA MANUEL
MAGCASE ELEMENTARY SCHOOL

REPUBLIC ACT NO. 6820 196


AN ACT CHANGING THE NAME OF THE SAN MIGUEL
ELEMENTARY SCHOOL IN THE MUNICIPALITY OF CALUMPIT,
PROVINCE OF BULACAN, TO DAMIANA DE LEON
ELEMENTARY SCHOOL

REPUBLIC ACT NO. 6949 197


AN ACT TO DECLARE MARCH EIGHT OF EVERY YEAR AS A
WORKING SPECIAL HOLIDAY TO BE KNOWN AS NATIONAL
WOMEN’S DAY.

REPUBLIC ACT NO. 6955 198


AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF
MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN
NATIONALS ON A MAIL ORDER BASIS AND OTHER SIMILAR
PRACTICES, INCLUDING THE ADVERTISEMENT,
PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES,
FLIERS AND OTHER PROPAGANDA MATERIALS IN
FURTHERANCE THEREOF AND PROVIDING PENALTY
THEREFORE

REPUBLIC ACT NO. 6972 201


AN ACT ESTABLISHING A DAY CARE CENTER IN EVERY
BARANGAY, INSTITUTING THEREIN A TOTAL DEVELOPMENT

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

REPUBLIC ACTS PAGE

AND PROTECTION OF CHILDREN PROGRAM, APPROPRIATING


FUNDS THEREFORE, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7077 206


AN ACT PROVIDING FOR THE DEVELOPMENT,
ADMINISTRATION, ORGANIZATION, TRAINING,
MAINTENANCE AND UTILIZATION OF THE CITIZEN ARMED
FORCE OF THE ARMED FORCES OF THE PHILIPPINES AND FOR
OTHER PURPOSES

REPUBLIC ACT NO. 7192 211


AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL
AND EQUAL PARTNERS OF MEN IN DEVELOPMENT AND
NATION BUILDING AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7285 216


AN ACT DECLARING FEBRUARY NINETEEN OF EACH YEAR
AS DONA AURORA ARAGON QUEZON DAY A SPECIAL
NONWORKING HOLIDAY IN THE PROVINCE OF AURORA IN
ORDER TO COMMEMORATE THE BIRTH ANNIVERSARY OF
DONA AURORA ARAGON QUEZON, THE FIRST PRESIDENT OF
THE PHILIPPINE NATIONAL RED CROSS, AND FOUNDATION
DAY OF THE PROVINCE

REPUBLIC ACT NO. 7305 217


THE MAGNA CARTA OF PUBLIC HEALTH WORKERS

REPUBLIC ACT NO. 7314 220


AN ACT CHANGING THE NAME OF THE STA. ANA
ELEMENTARY SCHOOL IN BARANGA Y STA. ANA,
MUNICIPALITY OF ESCALANTE, PROVINCE OF NEGROS
OCCIDENTAL, TO ROSARIO C. VALDIVIA ELEMENTARY
SCHOOL

REPUBLIC ACT NO. 7322 221


AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF
WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR

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LEGISLATIVE MEASURES

REPUBLIC ACTS PAGE

THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO. 1161, AS


AMENDED, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7382 223


AN ACT CHANGING THE NAME OF THE LAYOG BARANGAY
NATIONAL HIGH SCHOOL IN BARANGAY LAYOG,
MUNICIPALITY OF MAASIN, PROVINCE OF ILOILO, TO AUREA
BELONIA MEMORIAL HIGH SCHOOL

REPUBLIC ACT NO. 7392 224


AN ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED,
OTHERWISE KNOWN AS THE PHILIPPINE MIDWIFERY ACT

REPUBLIC ACT NO. 7432 226


AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR
CITIZENS TO NATION BUILDING, GRANT BENEFITS AND
SPECIAL PRIVILEGES AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7433 228


AN ACT CHANGING THE NAME OF THE SURIGAO DEL SUR
PROVINCIAL HOSPITAL IN THE MUNICIPALITY OF TANDAG,
PROVINCE OF SURIGAO DEL SUR, TO ADELA SERRA TY
MEMORIAL HOSPITAL

REPUBLIC ACT NO. 7490 229


AN ACT CHANGING THE NAME OF THE BARANGAY
CABUNGAHAN HIGH SCHOOL IN BARANGAY CABUNGAHAN,
MUNICIPALITY OF MAAYON, PROVINCE OF CAPIZ, TO
FLORENTINA BATOAMPO DEGALA MEMORIAL HIGH SCHOOL

REPUBLIC ACT NO. 7600 230


AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND
PRIVATE HEALTH INSTITUTIONS WITH ROQMING-IN AND
BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 7615 237


AN ACT CHANGING THE NAME OF THE PANTOK-PALANGOY
ELEMENTARY SCHOOL IN THE MUNICIPALITY OF
BINANGONAN, PROVINCE OF RIZAL, TO SUSANA MADRIGAL
MEMORIAL ELEMENTARY SCHOOL

REPUBLIC ACT NO. 7688 238


AN ACT GIVING REPRESENTATION TO WOMEN IN THE SOCIAL
SECURITY COMMISSION, AMENDING FOR THE PURPOSE
SECTION 3 (A) OF REPUBLIC ACT NO. 1161, AS AMENDED

REPUBLIC ACT NO. 7702 240


AN ACT CHANGING THE NAME OF THE BUCAY NATIONAL
GENERAL HIGH SCHOOL IN THE MUNICIPALITY OF BUCAY,
PROVINCE OF ABRA, TO CRISTINA B. GONZALES MEMORIAL
HIGH SCHOOL

REPUBLIC ACT NO. 7796 242


AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS,
STRUCTURE AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7845 246


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND NINETY-FIVE, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7875 249


AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE
PROGRAM FOR ALL FILIPINOS AND ESTABLISHING THE
PHILIPPINE HEALTH INSURANCE CORPORATION FOR THE
PURPOSE

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LEGISLATIVE MEASURES

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 7882 254


AN ACT PROVIDING ASSISTANCE TO WOMEN ENGAGING IN
MICRO AND COTTAGE BUSINESS ENTERPRISES, AND FOR
OTHER PURPOSES

REPUBLIC ACT NO. 7884 257


AN ACT CREATING THE NATIONAL DAIRY AUTHORITY TO
ACCELERATE THE DEVELOPMENT OF THE DAIRY INDUSTRY
IN THE PHILIPPINES, PROVIDING FOR A DAIRY
DEVELOPMENT FUND, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 7895 259


AN ACT CONVERTING THE JOSEFINA H. CERILLES NATIONAL
HIGH SCHOOL IN THE MUNICIPALITY OF SAN MIGUEL,
PROVINCE OF ZAMBOANGA DEL SUR, INTO A POLYTECHNIC
COLLEGE TO BE KNOWN AS THE JOSEFINA H. CERILLES
POLYTECHNIC COLLEGE. AND APPROPRIATING FUNDS
THEREFOR

REPUBLIC ACT NO. 7941 261


AN ACT PROVIDING FOR THE ELECTIONS OF PARTY-LIST
REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND
APPROPRIATING FUNDS THEREFOR

REPUBLIC ACT NO. 8042 264


AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS
EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF
PROTECTION AND PROMOTION OF THE WELFARE OF
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS
FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8148 266


AN ACT FURTHER EXTENDING THE TERM OF THE FRANCHISE
GRANTED TO CONSUELO D. BORJA NOW PRESENTLY HELD
BY ILIGAN LIGHT AND POWER, INC., HER SUCCESSOR-IN-
INTEREST, UNDER REPUBLIC ACT NUMBERED SIX
THOUSAND THREE HUNDRED NINETY-ONE, ORIGINALLY

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

REPUBLIC ACTS PAGE

GRANTED TO CONSUELO D. BORJA UNDER ACT NUMBERED


THREE THOUSAND EIGHT HUNDRED TEN FOR A PERIOD OF
TWENTY-FIVE (25) YEARS FROM THE DATE OF ITS
EXPIRATION AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8171 268


AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO
WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY
MARRIAGE TO ALIENS AND OF NATURAL-BORN FILIPINOS

REPUBLIC ACT NO. 8174 270


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND NINETY-SIX, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8250 272


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND NINETY-SEVEN, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8272 274


AN ACT CHANGING THE NAME OF THE SAN MIGUEL
ELEMENTARY SCHOOL IN BARANGAY SAN MIGUEL IN THE
MUNICIPALITY OF STO. TOMAS, PROVINCE OF BATANGAS,
TO TIBURCIA CARPIO MALVAR ELEMENTARYSCHOOL

REPUBLIC ACT NO. 8311 275


AN ACT PROVIDING FOR THE SEPARATION OF THE INAYAWAN
EXTENSION CLASS LOCATED IN THE MUNICIPALITY OF
CAUAYAN, PROVINCE OF NEGROS OCCIDENTAL, FROM TIHE
LINAON BARANGAY HIGH SCHOOL, AND TO BE KNOWN AS
THE EVA J. MONTILIA NATIONAL HIGH SCHOOL, AND
APPROPRIATING FUNDS THEREFOR

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LEGISLATIVE MEASURES

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 8353 277


AN ACT EXPANDING THE DEFINITION OF THE CRIME OF
RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8369 280


AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM
EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129,
AS AMENDED, OTHERWISE KNOWN AS THE JUDICIARY
REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8371 284


AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE
RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/
INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION
ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

REPUBLIC ACT NO. 8390 289


AN ACT CREATING A NATIONAL HIGH SCHOOL IN BARANGAY
SAN PEDRO, MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS
NORTE, TO BE KNOWN AS THE CRISPINA MARCOS·VALDEZ
NATIONAL HIGH SCHOOL, AND APPROPRIATING FUNDS
THEREFOR

REPUBLIC ACT NO. 8425 290


AN ACT INSTITUTIONALIZING THE SOCIAL REFORM AND
POVERTY ALLEVIATION PROGRAM, CREATING FOR THE
PURPOSE THE NATIONAL ANTI-POVERTY COMMISSION,
DEFINING ITS POWERS AND FUNCTIONS, AND FOR OTHER
PURPOSES

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 8505 294


AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR
RAPE VICTIMS. ESTABLISHING FOR THE PURPOSE A RAPE
CRISIS CENTER IN EVERY PROVINCE AND CITY.
AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR,
AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8522 296


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND NINETYEIGHT, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8551 298


AN ACT PROVIDING FOR THE REFORM AND
REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE
AND FOR OTHER PURPOSES, AMENDING CERTAIN
PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE
HUNDRED AND SEVENTY-FIVE ENTITLED, “AN ACT
ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT, AND FOR OTHER PURPOSES”

REPUBLIC ACT NO. 8745 302


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN
HUNDRED AND NINETYNINE, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8760 304


AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM
JANUARY ONE TO DECEMBER THIRTY-ONE, TWO THOUSAND,
AND FOR OTHER PURPOSES

xxii
LEGISLATIVE MEASURES

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 8972 307


AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO
SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8980 309


AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A
NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND
DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES

REPUBLIC ACT NO. 9208 312


AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING
IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9254 315


AN ACT ESTABLISHING THE PURIFICATION DOLAR MONFORT
NATIONAL SCIENCE HIGH SCHOOL IN BARAGAY P. D.
MONFORT NORTH, MUNICIPALITY OF DUMANGAS,
PROVINCE OF ILOlLO, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9255 316


AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE
SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE
ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”

REPUBLIC ACT NO. 9262 317


AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

xxiii
LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

REPUBLIC ACTS PAGE

REPUBLIC ACT NO. 9700 343


AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN
REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION
AND DISTRIBUTION OF ALL AGRICULTURAL LANDS,
INSTITUTING NECESSARY REFORMS, AMENDING FOR THE
PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657,
OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING
FUNDS THEREFOR

REPUBLIC ACT NO. 9710 346


AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

REPUBLIC ACT NO. 10028 384


AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7600,
OTHERWISE KNOWN AS “AN ACT PROVIDING INCENTIVES
TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS
WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND
FOR OTHER PURPOSES”

REPUBLIC ACT NO. 10151 387


AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS,
THEREBY REPEALING ARTICLES 130 AND 131 OF
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-
TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR
CODE OF THE PHILIPPINES

xxiv
LEGISLATIVE MEASURES
LAWS AND EXECUTIVE ISSUANCES ON
WOMEN’S RIGHTS AND WELFARE
Part II
EXECUTIVE ISSUANCES

PRESIDENTIAL DECREES PAGE

PRESIDENTIAL DECREE NO. 148 393


AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT
NUMBERED SIX HUNDRED SEVENTY NINE, AS AMENDED,
COMMONLY KNOWN AS THE WOMAN AND CHILD LABOR
LAW.

PRESIDENTIAL DECREE NO. 442 398


A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING
AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD
PORTECTION TO LABOR, PROMOTE EMPLOYMENT AND
HUMAN RESOURCES DEVELOPMENT AND INSURE
INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE.

PRESIDENTIAL DECREE NO. 486 406


EXEMPTING FROM TAX PRIZES OF MISS UNIVERSE
CONTESTANTS AND CERTAIN EQUIPMENT AND FACILITIES
TO BE USED IN CONNECTION WITH THE MISS UNIVERSE
BEAUTY PAGEANT.

PRESIDENTIAL DECREE NO. 603 408


THE CHILD AND YOUTH WELFARE CODE

PRESIDENTIAL DECREE NO. 633 414


CREATING A NATIONAL COMMISSION ON THE ROLE OF
FILIPINO WOMEN

PRESIDENTIAL DECREE NO. 725 417


PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO
HAD LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO
ALIENS AN OF NATURAL BORN FILIPINOS

xxv
LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

PRESIDENTIAL DECREES PAGE

PRESIDENTIAL DECREE NO. 768 419


AMENDING PRESIDENTIAL DECREE NO. 198 ENTITLED
“DECLARING A NATIONAL POLICY FAVORING LOCAL
OPERATION AND CONTROL OF WATER SYSTEMS;
AUTHORIZING THE FORMATION OF LOCAL WATER DISTRICTS
AND PROVIDING FOR THE GOVENRMENT AND
ADMINISTRATION OF SUCH DISTRICT; CHARTERING A
NATIONAL ADMINISTRATION TO FACILITATE IMPROVEMENT
OF LOCAL WATER FACILITIES; GRANTING SAID
ADMINISTRATION SUCH POWERS AS ARE NECESSARY TO
OPTIMIZE PUBLIC SERVICE FROM WATER UTILITY
OPERATIONS, AND FOR OTHER PURPOSES.”

PRESIDENTIAL DECREE NO. 799 421


EXTENDING FRANKING PRIVILEGE TO THE ARMED FORCES
OF THE PHILIPPINES LADIES CLUB STEERING COMMITTEE
FOR MAILING MONTHLY FINANCIAL ASSISTANCE ONLY TO
ORPHANS OF PERSONNEL OF THE AFP WHO DIED IN COMBAT.

PRESIDENTIAL DECREE NO. 836 423


GRANTING CITIZENSHIP TO DESERVING ALIENS AND FOR
OTHER PURPOSES

PRESIDENTIAL DECREE NO. 850 428


AMENDING CERTAIN ARTICLES OF PD 442 ENTITLED “LABOR
CODE OF THE PHILIPPINES”

PRESIDENTIAL DECREE NO. 1043 431


AMENDING REPUBLIC ACT NO. 3835 ESTABLISHING THE
WOMEN’S AUXILIARY CORPS IN THE ARMED FORCE OF THE
PHILIPPINES TO PROVIDE FOR THE PROCUREMENT OF ITS
OFFICERS AND ENLISTED PERSONNEL AND OTHER
PURPOSES

xxvi
EXECUTIVE ISSUANCES

PRESIDENTIAL DECREES PAGE

PRESIDENTIAL DECREE NO. 1083 435


A DECREE TO ORDAIN AND PROMULGATE A CODE
RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS,
CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR
ITS ADMINISTRATION AND FOR OTHER PURPOSES

PRESIDENTIAL DECREE NO. 1202 462


FURTHER AMENDING REPUBLIC ACT NO. 1161 OTHERWISE
KNOWN AS SOCIAL SECURITY LAW

PRESIDENTIAL DECREE NO. 1379 466


GRANTING CITIZENSHIP TO DESERVING ALIENS WHO HAVE
APPLIED FOR NATURALIZATION AND FOR OTHER PURPOSES.

PRESIDENTIAL DECREE NO. 1636 471


FURTHER AMENDING REPUBLIC ACT NO. 1161 OTHERWISE
KNOWN AS SOCIAL SECURITY LAW

PRESIDENTIAL DECREE NO. 1855 474


AN ACT AMENDING SECTION FOUR OF THE CHARTER OF THE
PHILIPPINE VETERANS BANK

PRESIDENTIAL DECREE NO. 1910 479


AUTHORIZING FEMALE MILITARY MEMBERS OF THE ARMED
FORCES OF THE PHILIPPINES TO MARRY UPON COMPLETION
OF THREE YEARS ACTIVE SERVICE

EXECUTIVE ORDERS

EXECUTIVE ORDER NO. 5, S. 1922 481


EO NO. 2, S. 1913, AS AMENDED BY EO NO. 7, S. 1913 & EO NO.
79, S. 1914, RESPECTIVELY, AND EO NOS. 13 AND 43, S. 1921,
APPOINTING THE OFFICERS AND MEMBERS OF THE
PLAYGROUND AND RECREATION COMMISSION OF THE CITY
OF MANILA, IS HEREBY FURTHER AMENDED

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LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

EXECUTIVE ORDERS PAGE

EXECUTIVE ORDER NO. 13, S. 1921 482


EO NO. 2, S. 1913, AS AMENDED BY EO NO. 7, S. 1913 & EO NO.
79, S. 1914, RESPECTIVELY, IS HEREBY FURTHER AMENDED

EXECUTIVE ORDER NO. 19, S. 1923 485


APPOINTMENTS TO PARDON BOARD

EXECUTIVE ORDER NO. 22, S. 1925 486


EO NO. 19, S. 1923, IS HEREBY AMENDED.

EXECUTIVE ORDER NO. 24, S. 1925 487


EO NO.26, S. 1922 AS AMENDED BY EO NO. 29, SAME SERIES,
AND EO NOS. 27 AND 64, BOTH SERIES OF 1924, IS HEREBY
FURTHER AMENDED

EXECUTIVE ORDER NO. 26, S. 1922 488


RE: BOARD TO SELECT CANDIDATES FOR ROCKEFELLER
FOUNDATION FELLOWSHIPS

EXECUTIVE ORDER NO. 27, S. 1924 489


EO NO. 26, S. 1922, AS AMENDED BY EO NO. 29, SAME SERIES,
IS HEREBY FURTHER AMENDED.

EXECUTIVE ORDER NO. 29, S. 1922 490


EXECUTIVE ORDER NUMBERED TWENTY-SIX, CURRENT
SERIES, IS HEREBY AMENDED

EXECUTIVE ORDER NO. 30, S. 1917 491


EXECUTIVE ORDER NUMBERED TWO, SERIES OF NINETEEN
HUNDRED AND THIRTEEN, AS AMENDED BY EXECUTIVE
ORDERS NUMBERED SEVEN, OF THE SAME SERIES, AND NO.
79, SERIES OF 1914, IS HEREBY FURTHER AMENDED.

xxviii
EXECUTIVE ISSUANCES

EXECUTIVE ORDERS PAGE

EXECUTIVE ORDER NO. 33, S. 1946 492


PROMULGATING RULES AND REGULATIONS TO CARRY OUT
THE PROVISIONS OF REPUBLIC ACT NUMBERED THIRTY
ENTITLED “AN ACT AUTHORIZING THE PAYMENT, UNDER
CERTAIN CONDITIONS, OF A GRATUITY TO THE WIDOW AND/
OR CHILDREN, AND IN THEIR ABSENCE TO THE OTHER HEIRS,
OF A DECEASED OFFICER OR MEMBER OF ANY POLICE FORCE
OR SIMILAR GOVERNMENTAL ORGANIZATION ENGAGED IN
THE MAINTENANCE OF PEACE AND ORDER, APPROPRIATING
FUNDS THEREFOR.”

EXECUTIVE ORDER NO. 35, S. 1923 495


EO NO. 2, S. 1913, AS AMENDED BY EO NO. 7, S. 1913 & EO NO.
79, S. 1914, AND EO NOS. 13 AND 43, S. 1921, AND EO NO. 5, S.
1922, APPOINTING THE OFFICERS AND MEMBERS OF THE
PLAYGROUND AND RECREATION COMMISSION OF THE CITY
OF MANILA, IS HEREBY FURTHER AMENDED.

EXECUTIVE ORDER NO. 51, S. 1986 496


ADOPTING A NATIONAL CODE OF MARKETING OF
BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS
AND RELATED PRODUCTS, PENALIZING VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES

EXECUTIVE ORDER NO. 57, S. 1925 508


RE: BOARD TO SELECT CANDIDATES FOR ROCKEFELLER
FOUNDATION FELLOWSHIPS

EXECUTIVE ORDER NO. 77, S. 2002 509


APPROVING AND ADOPTING THE FRAMEWORK PLAN FOR
WOMEN [2001-2004] AND INTENSIFYING THE
IMPLEMENTATION OF THE 5% BUDGET PROVISION FOR
GENDER AND DEVELOPMENT PROGRAMS AND PROJECTS

xxix
LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

EXECUTIVE ORDERS PAGE

EXECUTIVE ORDER NO. 208, S. 1994 513


FURTHER DEFINING THE COMPOSITION, POWERS AND
FUNCTIONS OF THE NATIONAL COMMISSION ON THE ROLE
OF FILIPINO WOMEN

EXECUTIVE ORDER NO. 209, S. 1987 517


THE FAMILY CODE OF THE PHILIPPINES

EXECUTIVE ORDER NO. 220, S. 2000 524


CREATING AN EXECUTIVE COUNCIL TO SUPPRESS
TRAFFICKING IN PERSONS, PARTICULARLY WOMEN AND
CHILDREN

EXECUTIVE ORDER NO. 267, S. 1940 530


ORGANIZATION OF THE PHILIPPINE ARMY NURSE CORPS
RESERVE

EXECUTIVE ORDER NO. 268, S. 1995 534


AMENDING EXECUTIVE ORDER NO. 208 (S. 1995) ENTITLED
“FURTHER DEFINING THE COMPOSITION, POWERS AND
FUNCTIONS OF THE NATIONAL COMMISSION ON THE ROLE
OF FILIPINO WOMEN”

EXECUTIVE ORDER NO. 273, S. 1995 537


APPROVING AND ADOPTING THE PHILIPPINE PLAN FOR
GENDER-RESPONSIVE DEVELOPMENT, 1995 TO 2025

EXECUTIVE ORDER NO. 275, S. 1930 541


RE: ERECTION OF BILLBOARDS, SKY-SIGNS, AND OTHER
FORMS OF ADVERTISING, AND OF RECOMMENDING SUCH
MODIFICATIONS

EXECUTIVE ORDER NO. 297, S. 1931 543


RE: APPOINTMENTS TO THE BOARD OF PARDONS

xxx
EXECUTIVE ISSUANCES

EXECUTIVE ORDERS PAGE

EXECUTIVE ORDER NO. 329, S. 1996 544


DESIGNATING THE NATIONAL COUNCIL OF WOMEN OF THE
PHILIPPINES (NCWP) AS ONE OF THE LEAD MONITORING ARM
OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) FOR THE
EFFECTIVE IMPLEMENTATION OF THE GLOBAL PLATFORM
FOR ACTION AND THE PHILIPPINE PLAN FOR GENDER-
RESPONSIVE DEVELOPMENT IN THE NGO AND PRIVATE
SECTOR

EXECUTIVE ORDER NO. 340, S. 1997 548


DIRECTING NATIONAL GOVERNMENT AGENCIES AND
GOVERNMENT-OWNED AND -CONTROLLED CORPORATIONS
TO PROVIDE DAY CARE SERVICES FOR THEIR EMPLOYEES’
CHILDREN UNDER FIVE YEARS OF AGE

EXECUTIVE ORDER NO. 348, S. 1989 551


APPROVING AND ADOPTING THE PHILIPPINE DEVELOPMENT
PLAN FOR WOMEN FOR 1989 TO 1992

EXECUTIVE ORDER NO. 368, S. 1996 553


AMENDING EXECUTIVE ORDER 356 DATED 12 AUGUST 1996
WHICH PROVIDES FOR THE IMPLEMENTING GUIDELINES ON
THE INSTITUTIONAL ARRANGEMENTS TO FASTTRACK SRA
LOCALIZATION, TO INCLUDE THE NATIONAL COUNCIL ON
THE ROLE OF THE FILIPINO WOMEN IN THE MEMBERSHIP
OF THE SOCIAL REFORM COUNCIL

EXECUTIVE ORDER NO. 425, S. 2005 555


DIRECTING THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO EXERCISE OVERSIGHT FUNCTION
OVER THE NATIONAL COMMISSION ON THE ROLE OF
FILIPINO WOMEN (NCRFW)

xxxi
LAWS AND EXECUTIVE ISSUANCES ON WOMEN’S RIGHTS AND WELFARE

EXECUTIVE ORDERS PAGE

EXECUTIVE ORDER NO. 663, S. 2007 557


IMPLEMENTING THE NATIONAL COMMITMENT FOR
“BAKUNA ANG UNA SA SANGGOL AT INA”, ATTAINING WORLD
HEALTH ORGANIZATIONS GOALS TO ELIMINATE MEASLES
AND NEONATAL TETANUS, ERADICATE POLIO, CONTROL
HEPATITIS B AND OTHER VACCINE-PREVENTABLE DISEASES

EXECUTIVE ORDER NO. 865, S. 2010 564


CREATION OF A NATIONAL STEERING COMMITTEE ON
WOMEN, PEACE AND SECURITY (NSCWPS) TO IMPLEMENT
UN SECURITY COUNCIL RESOLUTIONS 1325 AND 1820 AND
PROVIDING FUNDS THEREOF

Bibliography 568

Appendix 569

Index 571

xxxii
LEGISLATIVE MEASURES

PART I
Legislative Measures

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

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LEGISLATIVE MEASURES

THE CONSTITUTION OF THE


REPUBLIC OF THE PHILIPPINES

ST
STAATE POLICIES

“SEC. 14. The State recognizes the role of women in


nation-building, and shall ensure the fundamental equality
before the law of women and men.”

ARTICLE VI

THE LEGISLA TIVE DEP


LEGISLATIVE ARTMENT
DEPARTMENT

“SEC. 5 (2). The party-list representatives shall


constitute twenty per centum of the total number of
representatives including those under the party list. For three
consecutive terms after the ratification of the Constitution, one-
half of the seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women,
youth, and such other sectors as may be provided by law, except
the religious sector.”

ARTICLE XIII

SOCIAL JUSTICE AND HUMAN RIGHTS

HEAL
LTTH

“SEC. 11. The State shall adopt an integrated and


comprehensive approach to health developments which shall
endeavor to make essential goods, health and other social
services available to all the people at affordable cost. There

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

shall be priority for the needs of the underprivileged sick,


elderly, disabled, women, and children. The State shall endeavor
to provide free medical care to paupers.”

WOMEN

“SEC. 14. The State shall protect working women by


providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.”

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LEGISLATIVE MEASURES

ACT NO. 51

AN ACT APPROPRIATING SEVEN HUNDRED AND FIFTY


DOLLARS IN MONEY OF THE UNITED STATES, TO
BE PAID TO THE WIDOW OF EDUARDO KINTERO,
CHIEF OF POLICE OF TACLOBAN, LEYTE, OR TO
THE COMMANDING OFFICER OF THE DISTRICT
FOR HER BENEFIT.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas, Eduardo Kintero, chief of police


of Tacloban, Leyte, was murdered while in the discharge of his
official duties on April twenty-first, nineteen hundred, because
of the efficient administration of his office and his loyalty to the
United States; and his untimely death leaves his wife and seven
young children in needy circumstances;

The sum of seven hundred and fifty dollars, in money of


the United States, is hereby appropriated out of any money in
the Insular Treasury, not otherwise appropriated, to be paid, in
the discretion of the Military Governor, either to the widow of
Eduardo Kintero or to the commanding officer of the district to
be held and expended by him for her benefit.

SEC. 2. This Act shall take effect on its passage.

ENACTED, November 23, 1900.

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ACT NO. 342

AN ACT APPROPRIATING ONE THOUSAND FIVE


HUNDRED DOLLARS, LOCAL CURRENCY, TO BE
PAID TO THE WIDOW OF AMBROSIO CEBALLOS,
PRESIDENT OF DAGAMI, LEYTE.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas Ambrosio Ceballos, president of


Dagami, Leyte, was accidentally shot while in the efficient and
loyal discharge of his official duties and while zealously
cooperating with the Army of the United States, on June
thirteenth, nineteen hundred; and his untimely death leaves
his wife and six children in needy circumstances:

The sum of one thousand five hundred dollars, local


currency, is hereby appropriated out of any money in the Insular
Treasury, not otherwise appropriated, to be paid to Isabel Go
Ceballos, the widow of Ambrosio Ceballos, for the support of
herself and his six children.

SEC. 2. The public good requiring the speedy enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-sixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, January 29, 1902.

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LEGISLATIVE MEASURES

ACT NO. 348

AN ACT APPROPRIATING ONE THOUSAND FIVE


HUNDRED DOLLARS, IN LOCAL CURRENCY, TO BE
PAID TO THE WIDOW OF HONORATO
QUISUMBING, LATE PRESIDENT OF THE TOWN OF
LOS BAÑOS, LAGUNA, OR TO THE COMMANDING
OFFICER OF THE DISTRICT FOR HER BENEFIT.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas Honorato Quisumbing, president


of the town of Los Baños, Province of Laguna, was murdered
because of his loyalty to the United States and his assistance to
the military authorities and his untimely death leaves his wife
and seven small children in needy circumstances:

The sum of one thousand five hundred dollars, in local


currency, is hereby appropriated, out of the money in the Insular
Treasury not otherwise appropriated, to be paid, in the
discretion of the Civil Governor, either to the widow of Honorato
Quisumbing or to the commanding officer of the district, to be
held and expended by him for her benefit.

SEC. 2. The public good requiring the speedy enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-sixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, February 3, 1902.

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ACT NO. 349

AN ACT APPROPRIATING ONE THOUSAND FIVE


HUNDRED DOLLARS, IN LOCAL CURRENCY, TO BE
PAID TO THE WIDOW OF JUAN VELASCO, LATE
PRESIDENT OF NAGCARLAN, LAGUNA, OR TO THE
COMMANDING OFFICER OF THE DISTRICT FOR
HER BENEFIT.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas, Juan Velasco, president of


Nagcarlan, Laguna, was murdered in the discharge of his official
duties because of the efficient administration of his office and
his loyalty to the United States, and his untimely death leaves
his wife and two children in needy circumstances:

The sum of one thousand five hundred dollars, in local


currency, is hereby appropriated, out of any money in the Insular
Treasury not otherwise appropriated, to be paid, in the
discretion of the Civil Governor, either to the widow of Juan
Velasco or to the commanding officer of the district, to be held
and expended by him for her benefit.

SEC. 2. The public good requiring the speedy enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-six, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, February 3, 1902.

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LEGISLATIVE MEASURES

ACT NO. 350

AN ACT APPROPRIATING ONE THOUSAND FIVE


HUNDRED DOLLARS, IN LOCAL CURRENCY, TO BE
PAID TO MARIA E. LONZUELA SANTOS, THE WIDOW
OF, DON MARIANO RAMIREZ, LATE PRESIDENT OF
BOCAUE, BULACAN, OR TO THE TREASURER OF
THE PROVINCE FOR HER BENEFIT.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas Don Mariano Ramirez, president


of Bocaue, Bulacan, was murdered while in the discharge of his
official duties, because of the efficient administration of his office
and his loyalty to the United States, and his untimely death
leaves his wife and five small children in needy circumstances.

The sum of one thousand five hundred dollars, in local


currency, is hereby appropriated, out of any money in the Insular
Treasury not otherwise appropriated, to be paid, in the
discretion of the Civil Governor, either to Maria E. Lonzuela
Santos, the widow of Don Mariano Ramirez, or to the treasurer
of the province, to be held and expended by him for her benefit.

SEC. 2. The public good requiring the speed enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-sixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, February 3, 1902.

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ACT NO. 351

AN ACT APPROPRIATING ONE THOUSAND DOLLARS, IN


LOCAL CURRENCY, TO BE PAID TO THE WIDOW OF
BONIFACIO ORTUA, LATE PRESIDENT OF THE
PUEBLO OF LAGONOY, AMBOS CAMARINES,
ISLAND OF LUZON, OR TO THE TREASURER OF
THE PROVINCE FOR HER BENEFIT.

By authority of the President of the United States, be it enacted


by the United States Philippine Commission, that:

SECTION 1. Whereas Bonifacio Ortua, president of the


pueblo of Lagonoy, Ambos Camarines, Island of Luzon, was
murdered while in the discharge of his official duties, because
of the efficient administration of his office and his loyalty to the
United States, and his untimely death leaves his wife in needy
circumstances.

The sum of one thousand dollars, in local currency, is


hereby appropriated, out of any money in the Insular Treasury
not otherwise appropriated, to be paid, in the discretion of the
Civil Governor, either to the widow of Bonifacio Ortua or to the
treasurer of the province, to be held and expended by him for
her benefit.

SEC. 2. The public good requiring the speed enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-sixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, February 3, 1902.

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LEGISLATIVE MEASURES

ACT NO. 1041

AN ACT AMENDING ACT NUMBERED TWO HUNDRED AND


NINETY, ENTITLED “AN ACT PROVIDING AN
INEXPENSIVE METHOD OF ADMINISTRATION
UPON THE ESTATES OF CIVIL EMPLOYEES OF THE
PHILIPPINE GOVERNMENT WHO ARE CITIZENS OF
THE UNITED STATES, AND WHO DIE IN THE
SERVICE OF THE INSULAR GOVERNMENT,
LEAVING SMALL ESTATE UPON WHICH NO
REGULAR ADMINISTRATION IS DEEMED
ADVISABLE,” AND PROVIDING A METHOD OF
PAYING SMALL AMOUNTS DUE ESTATES OF
DECEASED NATIVE EMPLOYEES WITHOUT THE
EXPENSE OF ADMINISTRATION.

By authority of the United States, be it enacted by the Philippine


Commission, that:

SECTION 1. Section one of Act Numbered Two hundred


and ninety, entitled “An Act providing an inexpensive method
of administration upon the estates of civil employees of the
Philippine Government who are citizens of the United States,
and who die in the service of the Insular Government, leaving
small estates upon which no regular administration is deemed
advisable,” is hereby amended at the end thereof the following:

“In case the head of a Bureau, provincial officer, or


employee of any Bureau or province, who is a citizen of the
United States, shall die while in the service, having to his credit
earned leave of absence, the salary due and the amount due to
the deceased by reason of earned leave of absence shall be paid
to the Treasurer of the Philippine Islands, and be by him
administered in the manner in this section provided. But in
addition to the purposes for which such estate may be applied
by the Treasurer, as hereinbefore provided, the Treasurer is
also authorized to pay the expenses of the transportation of the

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remains of the deceased to the United States, if such


transportation is desired by the surviving relatives, so far as
the funds in his hands will enable him to pay such expenses:
Provided nevertheless, That if there should be a regular
administration upon the estate of the deceased, then the sum
due to the deceased, by reason of earned leave of absence
standing to his credit, after the payment of unpaid funeral
expenses and transportation of the remains, if desired, to the
United States, if any, shall be turned over to the regular executor
or administrator of the estate of the deceased: And provided
further, That in case the deceased head of a Bureau, provincial
officer or employee of any Bureau, provincial officer, or
employee of any Bureau or province was a native or citizen of
the Philippine Islands, the amount due him at the date of death
for salary and for compensation in lieu of accrued leave shall be
paid, not to the Treasurer of the Philippine Islands, but to the
legal representative of the deceased according to law: And
provided further, That in case said sum does not exceed one
hundred dollars, and there has been no regular administration
upon the estate of the deceased, and it appears that the estate
is not sufficient to warrant the expense of a regular
administration, said sum shall be paid to the next of kin who, in
the opinion of the Auditor, is entitled thereto, in the following
order: First, widow; second children; third, father; fourth,
mother; fifth, brothers and sisters in equal proportion; and such
payment shall extinguish the liability of the Government for
the sum so paid. But such determination by the Auditor shall
not be conclusive as to who the lawful heir or next of kin is, and
any person claiming said sum, or any part thereof, as lawful
heir or next of kin may vindicate his right to the same by action
in court against the person who received the same, anything in
this Act to the contrary notwithstanding.”

SEC. 2. The public good requiring the speedy enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of

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LEGISLATIVE MEASURES

procedure by the Commission in the enactment of laws,” passed


September twenty-sixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.

ENACTED, January 12, 1904.

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ACT NO. 1438

AN ACT PROVIDING FOR THE COMMITMENT OF


JUVENILE OFFENDERS BETWEEN CERTAIN AGES
TO CHARITABLE OR EDUCATIONAL INSTITUTIONS
INSTEAD OF TO THE PUBLIC PRISONS OR JAILS,
AND FOR THE TRANSFER OF SUCH OFFENDERS
FROM PUBLIC PRISONS OR JAILS TO SUCH
CHARITABLE OR EDUCATIONAL INSTITUTIONS,
AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine


Commission, that:

SECTION 1. Whenever any male minor between the ages


of eight and sixteen or any female minor between the ages of
eight and eighteen shall be found guilty by any court of
competent jurisdiction of an offense not punishable by life
imprisonment or death, the court, instead of directing the
confinement of such minor in any public prison or jail, may, in
its discretion, suspend judgment and commit such minor to the
custody of any orphan asylum, reform school, charitable society,
or society for the prevention of cruelty to children, or to any
other charitable or educational institution having for its purpose
the care, betterment, reform, or education of minors, until such
minor shall have reached his majority or for such less period as
to the court may seem proper: PROVIDED, HOWEVER, That
the court prior to making commitment of any minor to any such
institution shall take into consideration the religion of the
minor and that of his parents or next of kin and shall not commit
such minor without the approval of the parents or next of kin to
any private institution not under the control and supervision
of the religious sect or denomination to which such minor and
his parents or next of kin belong.

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LEGISLATIVE MEASURES

SEC. 2. It shall be the duty of any institution to which


minors are committed as provided in section one hereof to hold
and keep them in safe custody, to instruct them in some useful
art or trade, and to do such other things as may be necessary
for their moral and physical welfare.

SEC. 3. Minor prisoners now confined in Bilibid Prison


or in any provincial jail who, if males, were under the age of
sixteen at the time of commitment, may be transferred by
executive order of the Governor-General for the period of the
unexpired portion of their sentences to any of the institutions
mentioned in section one hereof: PROVIDED, HOWEVER, That
the Governor-General prior to making transfer of any minor
from Bilibid Prison or any provincial prison or jail to any such
institution shall take into consideration the religion of the
minor and that of his parents or next of kin and shall not transfer
such minor without the approval of the parents or next of kin to
any private institution not under the control and supervision
of the religious sect or denomination to which such minor and
his parents or next of kin belong: AND PROVIDED FURTHER,
That any minor transferred as prescribed in this section to any
of the institutions mentioned in section one hereof may be
retransferred by executive order of the Governor-General to
the prison or jail from which he was taken, there to be confined
for the unexpired portion of his sentence.

SEC. 4. Any minor who during the period of his


commitment to any of the institutions mentioned in section one
hereof shall be found incorrigible or who shall be an improper
subject for detention in such institution shall be returned to
the court which committed him, and the court, if it finds such
minor incorrigible or an improper subject for detention in such
institution, shall enter such judgment and pass such sentence
as would have been lawful at the time of the original commitment
of the minor.

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SEC. 5. Institutions to which minors are committed in


accordance with this Act shall, subject to the approval of the
Philippine Commission, adopt such rules and regulations as may
be necessary for the safe custody, instruction and mental and
educational training of the minors so committed, and in so far
as such minors are concerned, such institutions shall be under
the supervision and control of the Philippine Commission.

SEC. 6. Institutions to which minors are committed in


accordance with this Act shall be entitled to receive such sum
for the care, maintenance, and instruction of such minors as
may be provided by appropriation acts of the province from
which any such minors are committed, or, if such minor are
committed from the city of Manila, then such sum as may be
provided in appropriation acts for the city of Manila.

SEC. 7. The public good requiring the speedy enactment


of this bill, the passage of the same is hereby expedited in
accordance with section two of “An Act prescribing the order of
procedure by the Commission in the enactment of laws,” passed
September twenty-sixth, nineteen hundred.

SEC. 8. This Act shall take effect on its passage.

ENACTED, January 11, 1906.

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LEGISLATIVE MEASURES

ACT NO. 1918

AN ACT AMENDING ACT NUMBERED SEVENTY-FOUR, BY


MAKING WOMEN ELIGIBLE AS MEMBERS OF THE
LOCAL SCHOOL BOARD AND PROVIDING THAT
TWO POSITIONS AT LEAST SHALL BE HELD BY
WOMEN.

By authority of the United States, be it enacted by the Philippine


Legislature, that:

SECTION 1. Section ten of Act Numbered Seventy-four


of the Philippine Commission is hereby amended to read as
follows:

“SEC. 10. There shall be established in each municipality


organized under existing law or under any law which may be
hereafter enacted, a local school board, consisting of four or six
members, as the division superintendent may determine, in
addition to the president or alcalde of the municipality, who
shall be a member ex officio. One-half of the members, except
the member ex officio, shall be elected by the municipal council,
and the remaining half shall be appointed by the division
superintendent, and the term of office of all members, holding
by appointment or election, shall be two years and until their
successors shall have been duly elected or appointed. One of
the elective and one of the appointive members shall be women,
so that two of the members of the local school board shall be
women, and it shall be discretionary with the division
superintendent of schools to increase the appointments, and
with the municipal council to increase the elections, of women,
provided that the total number of members shall not exceed
four or six, as hereinbefore provided.”

SEC. 2. This Act shall take effect on its passage.

ENACTED, May 19, 1909.

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ACT NO. 1924

AN ACT EXTENDING THE BENEFITS OF ACT NUMBERED


EIGHTEEN HUNDRED AND FIFTY-SEVEN TO MALE
AND FEMALE TEACHERS OF MUNICIPALITIES AND
OF TOWNSHIPS INHABITED BY CHRISTIAN
TRIBES IN MINDORO AND PALAWAN, AND IN THE
SUBPROVINCE OF ABRA.

By authority of the United States, be it enacted by the Philippine


legislature, that:

SECTION 1. The benefits of Act Numbered Eighteen


hundred and fifty seven are hereby extended to male and female
teachers of municipalities and of townships inhabited by
Christian tribes in Mindoro and Palawan, and in the subprovince
of Abra, subject to the same conditions as those established by
Act referred to.

SEC. 2. This Act shall take effect on its passage.

ENACTED, May 20, 1909.

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LEGISLATIVE MEASURES

ACT NO. 1975

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF


CLASSES FOR THE INSTRUCTION AND TRAINING
OF MALE AND FEMALE NURSES UNDER THE
SUPERVISION OF THE DIRECTOR OF HEALTH.

By authority of the United States, be it enacted by the Philippine


Commission, that:

SECTION 1. The Director of Health is hereby


authorized, subject to the approval of the Secretary of the
Interior, to establish classes of male and female Filipino students
to receive instruction and training in nursing and hospital
duties, said instruction and training to be given in the hospitals
and sanitariums of the Bureau of Health and such other
appropriate places as the Director of Health may designate and
the Secretary of the Interior approve.

In order to be admitted to any of the classes provided for


in this section, it shall be a requisite condition:

(a) To have completed the intermediate course in the


public schools of the Philippine Islands and received a certificate
therefrom; or

(b) To be able to give evidence by examination or in


any other manner satisfactory to the Director of Health that
the applicant for admission has received preliminary training
of equal or greater extent.

SEC. 2. The Director of Health, so far as consistent with


the interest of the public service, shall select from amongst those
persons jointly recommended by district health officers and
division superintendents of schools, or in default thereof by
provincial boards, students for the aforesaid classes from
provinces organized under “The Provincial Government Act”

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and from the Provinces of Palawan, Mindoro, and Batanes, and


the number of students selected shall not exceed thirty each
year of each sex, nor one hundred in all of each sex: Provided,
That in the admission of said students, the highest average
obtained in the examinations referred to in subsections (a) and
(b) of the next preceding section, shall be taken into account.

The Director of Health may admit private students under


such conditions as may be approved by the Secretary of the
Interior: Provided, however , That they shall receive no
compensation or allowances other than subsistence, quarters,
and laundry. Students who were appointed to the course in
nursing under the provisions of Acts Numbered Eighteen
hundred and seventy-three or Nineteen hundred and thirty-
one or those who have been admitted to an analogous training
class in the Bureau of Health are hereby declared to have been
duly appointed under this Act: And Provided, further, That the
Director of Education may, up to July first, nineteen hundred
and ten, subject to the approval of the Secretary of Public
Instruction, issue the usual certificates or diplomas to those
students whose experience, conduct, and services entitling them
to the same, shall have pursued their studies or rendered
services prior to July first, nineteen hundred and ten, for two
complete terms or years or more, and a certificate or diploma
so issued shall have the same value as if it had been issued by
the Director of Health under the provisions of section three of
this Act.

SEC. 3. The course of study, period of probation,


vacations, length of time required for graduation, granting of
diplomas or certificates upon satisfactory completion of the
course of training, rules of discipline, proportion of male and
female students, rates of commutation for subsistence, quarters,
and laundry, blank forms and preliminaries to admission except
as hereinbefore provided shall be prescribed by the Director of
Health subject to the approval of the Secretary of the Interior:

20
LEGISLATIVE MEASURES

Provided, However, That rules shall so far as possible be


uniform for all students: And Provided Further, That no student
shall be admitted who is suffering from any mental or physical
defect or peculiarity that in the opinion of the Director of Health
would disqualify him for the duties of hospital nurse or
attendant, or whose moral conduct and antecedents are
undesirable.

SEC. 4. Students admitted under the terms of this Act


shall receive quarters and laundry and adequate subsistence or
commutation therefor at rates fixed as hereinbefore provided,
in addition to an annual compensation of two hundred and
eighty-eight pesos each as may be authorized by law: Provided,
However, That the Director of Health may withhold such portion
of their compensation, not to exceed one-sixth thereof, and
deposit the same in the Postal Savings Bank to the credit of the
student from whose allowance the deduction is made, for the
purpose of purchasing such books and student equipment as
may be necessary for him. Any unexpended balance shall be
paid to the student upon graduation.

SEC. 5. Any unexpended balance of the sum of twenty


thousand pesos appropriated in Act Numbered Nineteen
hundred and thirty-one is hereby transferred to the Bureau of
Health, to be expended by the Director of Health for the
establishment and operation of the classes herein authorized,
and for such other purposes pertaining thereto as he may
consider necessary. All equipment heretofore purchased in
accordance with the provisions of Act Numbered Nineteen
hundred and thirty-one shall be transferred to the Bureau of
Health. The Director of Health is further authorized to expend
such sums as may be available from the contingent fund of the
Bureau of Health to carry out the purposes of this Act, including
the transportation and necessary traveling expenses of those
who may be designated for appointment.

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

SEC. 6. Graduates of the classes provided for in this Act


shall be eligible for appointment in the classified civil service
without examination to positions as Government nurses.

SEC. 7. Act Numbered Nineteen hundred and thirty-


one and all other Acts or parts of Acts inconsistent with the
provisions of this Act are hereby repealed.

SEC. 8. This Act shall take effect immediately on its


passage, in accordance with the provisions of section one of Act
Numbered Nineteen hundred and forty-five of the Philippine
Legislature, entitled, “An Act providing the time at which all
Acts of the Philippine Legislature shall take effect.”

ENACTED, April 18, 1910.

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LEGISLATIVE MEASURES

ACT NO. 2138

AN ACT APPROPRIATING INSULAR FUNDS NOT


OTHERWISE APPROPRIATED, FOR THE PURPOSES
MENTIONED IN ACT NUMBERED NINETEEN
HUNDRED AND SEVENTY-FIVE, ENTITLED “AN ACT
TO PROVIDE FOR THE ESTABLISHMENT OF
CLASSES FOR THE INSTRUCTION AND TRAINING
OF MALE AND FEMALE NURSES UNDER THE
SUPERVISION OF THE DIRECTOR OF HEALTH.”

By authority of the United States, be it enacted by the Philippine


Legislature, that:

SECTION 1. The sum of twenty thousand pesos is hereby


appropriated out of any funds in the Insular Treasury not
otherwise appropriated, to be devoted to the purposes
mentioned in Act Numbered Nineteen hundred and seventy-
five of the Philippine Legislature.

SEC. 2. The Director of Health may expend said sum, or


such part thereof as may be necessary, for the operation of the
classes authorized by said Act Numbered Nineteen hundred and
seventy-five, and for such other purposes connected therewith
as he may be deem advisable and necessary.

SEC. 3. This Act shall take effect on the first day of the
fiscal year nineteen hundred and thirteen.

ENACTED, February 5, 1912.

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ACT NO. 2161

AN ACT AMENDING ACT NUMBERED NINETEEN


HUNDRED AND SEVENTY-FIVE, ENTITLED “AN ACT
TO PROVIDE FOR THE ESTABLISHMENT OF
CLASSES FOR THE INSTRUCTION AND TRAINING
OF MALE AND FEMALE NURSES UNDER THE
SUPERVISION OF THE DIRECTOR OF HEALTH,” BY
REMOVING THE RESTRICTION AS TO THE
NUMBER OF NURSES OF EACH SEX THAT MAY BE
ADMITTED DURING ANY ONE YEAR.

By authority of the United States, be it enacted by the Philippine


Legislature, that:

SECTION 1. The first paragraph of section two of Act


Numbered Nineteen hundred and seventy-five is hereby
amended to read as follows :

“SEC. 2. The Director of Health, so far as consistent with


the interest of the public service, shall select from amongst those
persons jointly recommended by district health officers and
division superintendents of schools, or in default thereof by
provincial boards, students for the aforesaid classes from
provinces organized under the Provincial Government Act and
from the Provinces of Palawan, Mindoro, and Batanes, and the
number of students selected shall not exceed one hundred in
all of each sex : Provided, That in the admission of said students
the highest average obtained in the examinations referred to in
subsections (a) and (b) of the next preceding section, shall be
taken into account.”

SEC. 2. The public good requiring the speedy enactment


of this bill, the same shall take effect on its passage, in
accordance with section one of Act Numbered Nineteen hundred
and forty-five of the Philippine Legislature.

ENACTED, February 6, 1912.

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LEGISLATIVE MEASURES

ACT NO. 2467

AN ACT TO REORGANIZE THE PHILIPPINE TRAINING


SCHOOL FOR NURSES, TO ESTABLISH A SCHOOL
OF MIDWIFERY, AND FOR OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine


Legislature, that:

SECTION 1. The organization known as the Philippine


Training School for Nurses shall hereafter be known as the
Philippine General Hospital School of Nursing and, subject to
the approval of the Secretary of the Interior and Director of
Health, its administration shall be under the supervision and
direction of the director of the Philippine General Hospital,
with the concurrence of the Board of Regents of the University
of the Philippines, as hereinafter provided.

SEC. 2. The school shall have a superintendent who shall


be a registered nurse of experience to be appointed by the
director of the hospital, with the approval of the Director of
Health and the Secretary of the Interior, and who shall be in
immediate charge of all the activities of the school, except in so
far as instruction in midwifery is concerned. The faculty shall
consist of the superintendent and such instructors and tutors
as the progress on instruction may make necessary, who shall
be appointed by the director of the hospital with the approval
of the Director of Health upon the recommendation of the
superintendent : Provided, That the instruction in midwifery
shall be in charge of the obstetrical department of the College
of Medicine and Surgery of the University of the Philippines.

SEC. 3. The requirements for admission, courses of study,


places of study and instruction, period of probation, length of
time required for graduation, granting of diplomas upon
satisfactory completion of courses of instruction, rules of
discipline, announcements and catalogues, proportion of male

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

and female students, uniforms, subsistence and rates of


compensation therefor, quarters and laundry, and all other
regulations incident to the proper conduct of a school of nursing
not in conflict with law, shall be as prescribed by the director of
the hospital, upon recommendation of the faculty and with the
approval of the Director of Health : Provided, That the annual
announcement and catalogue shall be approved by the Secretary
of the Interior.

SEC. 4. The Board of Regents of the University of the


Philippines shall, upon application by the Director of Health,
with the approval of the Secretary of the Interior, have authority
to confer the degree of graduate nurse, or of graduate nurse
and midwife, or of graduate midwife, or such other degree as
they may establish upon students whose qualifications for
entrance and graduation have been approved by the university
council and who have finished courses of instruction approved
by the Board of Regents.

SEC. 5. Students admitted to this school shall receive


subsistence and quarters in addition to such other allowances
and compensation as are provided for by law : Provided, That
the director of the hospital may, with the approval of the Director
of Health, withhold such portion of a student’s compensation
not to exceed one-sixth thereof and deposit same in the Postal
Savings Bank to the credit of the student, from which amount
deductions may be made for the purpose of purchasing such
books and student’s equipment as may be necessary, and any
unexpended balance shall be paid to the student upon
resignation or honorable separation from the school.

SEC. 6. This Act contemplates that the advantages of this


school shall extend proportionately to all parts of the
Archipelago, and to this end students shall be selected,
according to procedure to be established by the Secretary of
the Interior, with the concurrence of the Board of Regents of
the University of the Philippines, in so far as possible, from

26
LEGISLATIVE MEASURES

every province of the Philippine Islands whether organized


under general or special laws : Provided, That the number of
students admitted from the special government provinces
during any semester may not exceed fifteen per centum of the
total number.

SEC. 7. The Secretary of the Interior shall provide that


students admitted under the terms of this Act shall, prior to
matriculation, sign a contract agreeing to serve the Government
for a period of at least one year after graduation, at an equitable
compensation which shall be fixed by the Secretary of the
Interior, with the concurrence of the Board of Regents of the
University of the Philippines.

SEC. 8. Acts Numbered Nineteen hundred and seventy-


five, Nineteen hundred and ninety-six and Twenty-one hundred
and sixty-one, and all other Acts or parts of Acts inconsistent
with the provisions of this Act are hereby repealed.

SEC. 9. This Act shall take effect on its passage.

ENACTED, February 5, 1915.

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

ACT NO. 2710

AN ACT TO ESTABLISH DIVORCE

Be it enacted by the Senate and House of Representatives


of the Philippines in Legislature assembled and by
the authority of the same:

SECTION 1. A petition for divorce can only be filed for


adultery on the part of the wife or concubinage on the part of
the husband, committed in any of the forms described in article
four hundred and thirty-seven of the Penal Code.

SEC. 2. No person shall be entitled to a divorce who has


not resided in the Philippine Islands for one year prior to the
filing of the petition, unless the cause for which the divorce is
claimed has taken place in said Islands.

SEC. 3. The divorce may be claimed only by the innocent


spouse, provided there has been no condonation of or consent
to the adultery or concubinage, as the case may be. Where both
spouses are guilty, a divorce can not be claimed by either of
them.

SEC. 4. An action for divorce can not be filed except


within one year from and after the date on which the plaintiff
became cognizant of the cause and within five years from and
after the date when such cause occurred; but if such cause
occurred prior to the date on which this Act takes effect, then
only within one year from and after such date.

SEC. 5. An action for divorce shall in no case be tried


before six months shall have elapsed since the filing of the
petition.

SEC. 6. After the filing of the petition for divorce, the


spouses shall be entitled to live separately from each other and
manage their respective property.

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LEGISLATIVE MEASURES

The husband shall continue to manage the community


property; but if the court deem it proper, it may appoint another
to manage said property, in which case the administrator shall
have the same rights and duties as a guardian and shall not be
allowed to dispose of the income nor of the capital except in
accordance with the orders of the court.

SEC. 7. During the pendency of divorce proceedings the


court shall make provision for the care of the minor children, in
accordance with the circumstances, and may order the
community property or the income therefrom to be set aside
for their support; and in default thereof said minor children
shall be cared for in conformity with the provisions of the Civil
Code; but the court shall abstain from making any order in this
respect in case the parents have, by mutual agreement, made
provision for the care of said minor children and these are, in
the judgment of the court, well cared for.

SEC. 8. A divorce shall not be granted without the guilt


of the defendant being established by final sentence in a
criminal action.

SEC. 9. The decree of divorce shall dissolve the


community of property as soon as such decree becomes final,
but shall not dissolve the bonds of matrimony until one year
thereafter.

The bonds of matrimony shall not be considered as


dissolved with regard to the spouse who, having legitimate
children, has not delivered to each of them or to the guardian
appointed by the court, within said period of one year, the
equivalent of what would have been due to them as their legal
portion if said spouse had died intestate immediately after the
dissolution of the community of property.

SEC. 10. The reconciliation of the spouses shall stop the


proceedings and annul the decree, provided it takes place prior

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

to the expiration of the period of one year mentioned in the last


preceding section.

SEC. 11. The dissolution of the bonds of matrimony shall


have the following effects:

First. The spouses shall be free to marry again.

Second. The minor children shall remain in the custody


of the innocent spouse unless otherwise directed by the court
in the interest of said minors, for whom said court may appoint
a guardian.

Third. The children shall, with regard to their parents,


retain all rights granted to them by law as legitimate children;
but upon the partition of the estate of said parents they shall
bring to collation everything received by them under the
provisions of the second paragraph of section nine.

SEC. 12. This Act shall take effect on its approval.

Effective, March 11, 1917.

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LEGISLATIVE MEASURES

ACT NO. 2988

AN ACT TO ABOLISH THE PUBLIC WELFARE BOARD AND


TRANSFER ITS POWERS AND FUNCTIONS TO THE
OFFICE OF THE PUBLIC WELFARE
COMMISSIONER; MAKE THE BUREAU OF
DEPENDENT CHILDREN A DIVISION OF THE
OFFICE OF THE PUBLIC WELFARE
COMMISSIONER; CHARGE SAID OFFICE WITH THE
ACTIVITIES AND FUNCTIONS RELATIVE TO THE
PROTECTION OF INFANCY, AS PROVIDED FOR IN
ACTS NUMBERED TWENTY-SIX HUNDRED AND
THIRTY-THREE AND TWENTY-NINE HUNDRED AND
FIVE, AND WITH ALL WORK IN GENERAL, RELATED
WITH MATERNITY, HYGIENE, AND CHILD
WELFARE, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by the
authority of the same:

SECTION 1. The Public Welfare Board, established by


Act Numbered Twenty-five hundred and ten, as amended by
Act Numbered Twenty-seven hundred and forty-five, is hereby
abolished, and all functions, duties, and powers of said Board
are conferred upon and transferred to the Public Welfare
Commissioner, whose office is hereby created, under the
direction and executive control of the Department of the Interior.
Said Commissioner shall be appointed by the Governor-General,
by and with the consent of the Senate. The relations of direction
and dependence between the Office of the Public Welfare
Commissioner and the Department of the Interior shall be
governed by chapter five of the Administrative Code, as
amended by Act Numbered Twenty-eight hundred and three.

SEC. 2. It is hereby directed that the Bureau of


Dependent Children, as organized under Act Numbered Twenty-

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

eight hundred and fifteen, shall be merged with the Office of


the Public Welfare Commissioner, as created by this Act. Said
Bureau of Dependent Children, upon being so merged, shall be
considered as a division of the Office of the Public Welfare
Commissioner. Upon said merger, the present officers and
employees of the Bureau of Dependent Children shall be
transferred to the Office of the Public Welfare Commissioner
and shall continue in the enjoyment of the same rights and
privileges which they have been enjoying heretofore, under the
Civil Service rules.

SEC. 3. It is further provided that hereafter the sum of


one million pesos, or so much thereof as may remain
unexpended, appropriated by Act Numbered Twenty-six
hundred and thirty-three, as amended by Act Numbered Twenty-
nine hundred and five, may be disbursed, any provisions of
existing law to the contrary notwithstanding, for general work
related with maternity, hygiene, and child welfare, and all
activities, duties, and functions prescribed by said acts, as
amended by the present Act, shall be performed through the
Office of the Public Welfare Commissioner.

With regard to the maternity, hygiene, and child welfare


work, any officer or employee of the Insular, provincial or
municipal governments shall render services when required by
the Secretary of the Interior, and may receive additional
compensation therefor if authorized by said Secretary.

SEC. 4. The Secretary of the Interior, through the Office


of the Public Welfare Commissioner, shall have authority, and
it shall be his duty, to investigate, promote, coordinate, inspect,
and regulate all work related with maternity, hygiene, and child
welfare in the Philippine Islands, any provisions of existing law
to the contrary notwithstanding. And said Secretary, through
the Public Welfare Commissioner, may establish and maintain
maternity hospitals, puericultural institutions, dispensaries,
hospitals, and other establishments for the care of children and

32
LEGISLATIVE MEASURES

for the instruction of the personnel which shall have charge of


this work.

SEC. 5. All and each of the acts inconsistent herewith


are hereby repealed.

SEC. 6. This Act shall take effect on its approval.

Approved, February 24, 1921.

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

ACT NO. 3071

AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN


AND CHILDREN IN SHOPS, FACTORIES,
INDUSTRIAL, AGRICULTURAL, AND MERCANTILE
ESTABLISHMENTS, AND OTHER PLACES OF LABOR
IN THE PHILIPPINE ISLANDS ; TO PROVIDE
PENALTIES FOR VIOLATIONS HEREOF, AND FOR
OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives


of the Philippines in Legislature assembled and by
the authority of the same:

SECTION 1. It shall be unlawful for any person, firm, or


corporation to employ females or males below the age of fourteen
years as laborers in the mines or in places of labor where
explosives are used or manufactured.

SEC. 2. Any person, firm or corporation owning a factory,


shop, or industrial, or mercantile establishment, shall be obliged
to provide and place in its establishment, for the use of its
laborers, seats proper for women and children and permit them
to use said seats during the hours when they are free of work
and during working hours, provided they can perform their
duties in this position without detriment to efficiency. Laborers
shall be allowed not less than sixty minutes for their noon meal.

SEC. 3. No person, firm or corporation shall employ nor


permit the employment of any person below the age of sixteen
years for work in its shops, factories, commercial or industrial
establishment or other places of labor for more than seven hours
daily or forty-two hours weekly. It shall be the duty of every
employer to post signs in the most conspicuous places in each
room where minors are working, stating the hours during which
these are authorized to work.

34
LEGISLATIVE MEASURES

SEC. 4. No person, firm or corporation shall employ nor


permit the employment of any boy or girl below the age of
fourteen years in its factory, shop, commercial or industrial
establishment or other place of labor on school days, unless such
child knows how to read and write. Every employer shall be
obliged to have in his establishment a duly certified copy of the
birth certificate of each of his laborers below the age of eighteen
years while such laborer is employed by him.

SEC. 5. It shall be unlawful for any person, firm or


corporation licensed to establish a bar to employ or permit the
employment in said bar of females under eighteen or males under
sixteen years of age.

SEC. 6. It shall be unlawful for any person, firm or


corporation to employ women in factories, shops and similar
places of labor where the nature of the work requires the
employee to work always standing.

SEC. 7. It shall be unlawful for any person, firm or


corporation to employ or permit the employment of persons
below the age of sixteen years in departments or divisions of
their factories, shops or other places of labor where work is
being done in connection with the preparation of any poisonous,
noxious, explosive or infectious substance.

SEC. 8. It shall be unlawful for any person, firm or


corporation to employ or permit the employment in his factory,
shop, commercial or industrial establishment, or other place of
labor of persons below the age of eighteen years for performing
any work not specified in this Act which involves serious danger
to the life of the laborer.

SEC. 9. Any person, firm or corporation owning, leasing


or managing a factory, shop or place of labor of any description
shall be obliged to establish for the use of its laborers separate
and suitable closets and separate lavatories for males and

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

females, and to provide at least one dressing-room for the women


and children: Provided, that the Director of the Bureau of Labor
shall be authorized, in his discretion, to exempt from this
provision small shops which, on account of their small capital,
cannot comply with the provisions of this section.

SEC. 10. No person, firm or corporation shall employ or


permit the employment in its factory, shop or other place of
labor of any person below the age of sixteen years as operator
of elevators, motorman or fireman, or to clean machinery, work
underground, or do similar work.

SEC. 11. It shall be unlawful for any person, firm or


corporation to employ or cause the employment of persons below
the age of sixteen years in billiard rooms, cockpits or other places
where games are being played with stakes of money or things
worth money, and in dance halls, stadiums or race courses as
bailarinas, boxers or jockeys.

SEC. 12. No person, firm or corporation shall employ in


its factory, shop or other place of labor, or permit the
employment therein of any person below the age of sixteen
years, to work before six o’clock ante meridian or after six o’clock
post meridian.

SEC. 13. Every person, firm or corporation owning or


managing a factory, shop or place of labor of any description
shall be obliged to grant to any woman employed by it as laborer
who may be pregnant, thirty days vacation with pay before and
another thirty days after confinement: Provided, That the
employer shall not discharge such laborer without just cause,
under the penalty of being required to pay to her wages
equivalent to the total of two months counted from the day of
her discharge.

SEC. 14. It shall be unlawful for any person, firm or


corporation to employ or permit the employment of persons

36
LEGISLATIVE MEASURES

below the age of sixteen years for the sale of medicines and
drugs in a pharmacy or for any work that may affect the health
of the public.

SEC. 15. Any person, firm or corporation violating any of


the provisions of this Act shall be punished by a fine of not less
than fifty pesos nor more than two hundred and fifty, or by
imprisonment for not less than ten days nor more than six
months, or both, in the discretion of the court.

In the case of firms or corporations, the presidents,


directors or managers thereof or, in their default, the persons
acting in their stead, shall be criminally responsible for each
violation of the provisions of this Act.

SEC. 16. This Act shall take effect on its approval.

Approved, March 16, 1923.

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

ACT NO. 3157

AN ACT TO AMEND SECTIONS EIGHT HUNDRED AND


SEVENTY-TWO AND EIGHT HUNDRED AND
SEVENTY-FOUR OF THE ADMINISTRATIVE CODE,
RELATIVE TO THE SOURCES OF THE PENSION AND
RETIREMENT FUND AND THE LIFE PENSION OF
THE OFFICERS AND ENLISTED MEN OF THE
CONSTABULARY.

Be it enacted by the Senate and House of Representative of the


Philippines in Legislature assembled and by the
authority of the same:

SECTION 1. Section eight hundred and seventy-two of


the Administrative Code is hereby amended to read as follows:

“SEC. 872. Sources of pension and retirement fund. – To


this fund shall accrue all fines and forfeitures imposed by
summary courts, all fines imposed upon commissioned officers
under the authority of this chapter, and three per centum of
the pay of every officer and two per centum of the pay of every
enlisted man of the Constabulary, which shall be deducted from
said pay monthly.

“All such fines, forfeitures, deductions, and retentions


shall be noted and retained on the pay roll and deposited with
the Insular Treasurer: Provided, That the working capital of
the Constabulary pension and retirement fund shall always be
maintained at the minimum sum of two hundred and fifty
thousand pesos, including business investments. In the event
of the total receipts of said fund from all sources above
mentioned falling below said sum, the Insular Treasurer is
hereby authorized to advance, at the beginning of each fiscal
year, out of any available balance in the Insular Treasury, as a
loan to said fund, such sum as may be necessary to cover the
difference.”

38
LEGISLATIVE MEASURES

SEC. 2. Section eight hundred and seventy-four of the


Administrative Code is hereby amended to read as follows:

“SEC. 874. Life pension. – Any officer or enlisted man of


the Philippine Constabulary who has had twenty or more years
of actual and satisfactory service and has attained to the age of
fifty-five years or who, without having reached said age, is on
account of his physical or mental condition prevented from
continuing in active service, may take advantage of the benefits
of this Act and retire from active service, upon approval by the
Governor-General, and when so retired he shall receive until
his death from the fund above specified an annual pension equal
to two and one-half per centum of the total pay received annually
by him up to date: Provided, That service rendered by an officer
as enlisted man shall be taken into account for the purposes of
the retirement provided for in this section: Provided, further,
That with the exception of the Chief of Constabulary, no officer
shall be retained in active service after having attained to the
age of sixty-four years: And provided, finally, That the annual
pension of a retired officer shall in no case exceed seventy-five
per centum of the total pay received by him on the date of his
retirement.

“Subject to the same condition and in accordance with


the same rules and limitations, an enlisted man shall be entitled
to retirement and to a similar annual compensation from the
same fund, based on the total current pay and allowances
received annually by him at the time he is retired, but in no
case to exceed seventy per centum of such total current pay
and allowances for each year.

“Upon the death of an officer or enlisted man who has


either been retired or would, at the time when he died, have
been entitled by reason of length of service to the retirement
provided for in the two preceding paragraphs, the surviving
legitimate or acknowledged children of such officer or enlisted
man or his lawful wife, in case he left no children, shall be

39
L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

entitled to receive fifty per centum of the pension to which such


officer or enlisted man would have been entitled if he had not
died: Provided, That no payment shall be made as pension to
children after they have attained to the age of eighteen years
or have married, nor to the widow if she remarries. For the
purposes of this Act, all officers and enlisted man still residing
in the Philippine Islands who are at present in the enjoyment
of a life pension and who lack five years or more, from and after
the date of the approval of this Act, before completion of the
fifty-fifth year of life, and who are still in a physical and mental
condition for active service, may be called into active service if
such officers or enlisted men agree, as vacancies in the positions
left by them occur, and shall take their place on the roster, if
officers, as if they had been in active service during the time of
their retirement.”

SEC. 3. This Act shall take effect on its approval.

Approved, March 8, 1924.

40
LEGISLATIVE MEASURES

ACT NO. 3200

AN ACT TO FACILITATE THE ESTABLISHMENT AND


OPERATION OF THE PUERICULTURAL
INSTITUTIONS ORGANIZED IN THE PHILIPPINE
ISLANDS.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. Any organization established for the


protection and care of mothers and children in accordance with
the provisions of Act Numbered Twenty-nine hundred and
eighty-eight shall be exempt from the payment of fees for the
registration of its articles of incorporation and by-laws.

SEC. 2. Any of the property or funds belonging to


puericultural institutions or institutions for the protection and
care of mothers and children which have received aid from the
Insular Government, shall, upon recommendation of the Public
Welfare Commissioner, become municipal, provincial or Insular
property or funds in case such organization dissolve or cease to
operate for five consecutive years.

SEC. 3. Any nurse or midwife who is a graduate of a


school of nursing or midwifery operated or recognized by the
Government, and is employed by a puericultural institution,
with an appointment duly approved by the Public Welfare
Commissioner, shall be authorized to practice midwifery in the
Philippine Islands while in the service of such puericultural
institution, and after one or more years of satisfactory service
during which she has shown skill and competency as midwife
of such puericultural institution or of a hospital, maternity home
or other establishment under the supervision or control of a
Bureau or office of the Insular Government, the Board of Medical
Examiners, upon recommendation and certificate of competency

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

by the Public Welfare Commissioner or the Director of Health,


shall issue a certificate of registration as midwife upon the
payment of ten pesos, without necessity of any examination,
any existing provision of law to the contrary notwithstanding.

SEC. 4. All Acts inconsistent with the provisions hereof


are hereby repealed.

SEC. 5. This Act shall take effect on its approval.

Approved, December 2, 1924.

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LEGISLATIVE MEASURES

ACT NO. 3205

AN ACT TO AMEND SECTIONS EIGHT HUNDRED AND


SEVENTY-TWO AND EIGHT HUNDRED AND
SEVENTY-FOUR OF THE ADMINISTRATIVE CODE,
AS AMENDED BY ACT NUMBERED THIRTY-ONE
HUNDRED AND FIFTY-SEVEN, RELATIVE TO THE
SOURCE OF THE PENSION AND RETIREMENT
FUND AND THE LIFE PENSION OF THE OFFICERS
AND ENLISTED MEN OF THE CONSTABULARY.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. Section eight hundred and seventy-two of


the Administrative Code, as amended by Act Numbered Thirty-
one hundred and fifty-seven, is hereby further amended to read
as follows:

“SEC. 872. Sources of pension and retirement fund.—To


this fund shall accrue all fines and forfeitures imposed by
summary courts, all fines imposed upon commissioned officers
under the authority of this chapter, and four per centum of the
pay of every officer and three per centum of the pay of every
enlisted man of the Constabulary, which shall be deducted from
said pay monthly.

“All such fines, forfeitures, deductions, and retentions


shall be noted and retained on the pay roll and deposited with
the Insular Treasurer to the credit of the Constabulary pension
and retirement fund.”

SEC. 2. Section eight hundred and seventy-four of the


Administrative Code, as amended by Act Numbered Thirty-one
hundred and fifty-seven, is hereby further amended to read as
follows:

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

“SEC. 874. Life pension.—Any officer or enlisted man of


the Philippine Constabulary who has had twenty or more years
of actual and satisfactory service and has attained to the age of
fifty-five years or who, without having reached said age, is on
account of his physical or mental condition prevented from
continuing in active service, may take advantage of the benefits
of this Act and retire from active service, upon approval by the
Governor-General, and when so retired he shall receive until
his death from the fund above specified an annual pension equal
to two and one-half per centum, for each year of active service
rendered by him up to date, of the total pay received annually
by him on the date of his retirement; but in no case more than
seventy-five per centum of such total current pay: Provided,
That service rendered by an officer as enlisted man shall be
taken into account for the purposes of the retirement provided
for in this section: Provided, further, That with the exception of
the Chief of Constabulary, no officer shall be retained in active
service after having attained to the age of sixty-four years: And
provided, finally, That officers and enlisted men of the
Constabulary who have completed twenty or more years of
actual satisfactory service previous to the approval of Act
Numbered Thirty-one hundred and fifty-seven shall be entitled
to retirement on the same terms and subject to the same
condition as originally set forth in section eight hundred and
seventy-four of the Administrative Code previous to its
amendment by Act Numbered Thirty-one hundred and fifty-
seven.

“Subject to the same conditions and in accordance with


the same rules and limitations, an enlisted man shall be entitled
to retirement and to a similar annual compensation from the
same fund, based on the total current pay and allowances
received annually by him at the time he is retired, but in no
case to exceed seventy-five per centum of such current pay and
allowances for each year.

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LEGISLATIVE MEASURES

“Upon the death of an officer or enlisted man who has


either been retired or would, at the time when he died, have
been entitled by reason of length of service to the retirement
provided for in the two preceding paragraphs, the surviving
legitimate or acknowledged children of such officer or enlisted
man or his widow, or only the latter in case he left no children
or after his surviving minor child has reached the age of eighteen
years, shall be entitled to receive in equal shares and with the
right of accretion, fifty per centum of the pension to which such
officer or enlisted man would have been entitled if he had not
died: Provided, That no payment shall be made as pension to
children after they have attained to the age of eighteen years
or have married, nor to the widow if she remarries: And
provided, further, That no pension whatever shall be paid to
the widow if the marriage was contracted after the retirement
of the deceased officer or enlisted man. For the purposes of this
Act, all officers and enlisted men still residing in the Philippine
Islands who are at present in the enjoyment of a life pension
and who lack five years or more, from and after the date of the
approval of this Act, before completion of the fifty-fifth year of
life, and who are still physically and mentally fit for active
service, may be called into active service if such officers or
enlisted men agree, as vacancies in the positions left by them
occur, and shall take their place on the roster, if officers, as if
they had been in the active service during the time of their
retirement.”

SEC. 3. To carry out the purposes of this Act, there shall


be appropriated in the Appropriation Act each year, beginning
with the first day of the fiscal year next following the approval
of this Act and annually thereafter, the sum of one hundred
thousand pesos which shall be included in the total
appropriation for the Constabulary, and said sum shall be
credited on the books of the Insular Treasurer to the
Constabulary pension and retirement fund, and said funds is
hereby set aside to complete the payment of pensions to the

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

officers and enlisted men of the Constabulary: Provided, That


any portion of the sum above mentioned remaining unexpended
at the end of each economic year shall revert to the general
funds, with the exception of a sum sufficient to maintain the
working capital of the Constabulary pension and retirement
fund, including investments, at the minimum sum of three
hundred thousand pesos.

SEC. 4. This Act shall take effect on its approval.

Approved, December 3, 1924.

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LEGISLATIVE MEASURES

ACT NO. 3579

AN ACT AUTHORIZING THE TRANSFER TO


WELFAREVILLE OF ALL FEMALE PRISONERS
CONFINED IN BILIBID PRISONS, APPROPRIATING
THE SUM OF SIXTY THOUSAND PESOS FOR THIS
PURPOSE, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. The Secretary of Justice is hereby


authorized to order the construction on the grounds of
Welfareville of such buildings as may be strictly necessary for
the confinement therein of all female prisoners at present
confined in Bilibid Prisons. Upon the completion of such
buildings, said prisoners shall be transferred to the same.

SEC. 2. The sum of sixty thousand pesos is hereby


appropriated, out of any funds in the Insular Treasury not
otherwise appropriated, to carry out the purposes of this Act,
including the compensation of additional personnel, the
purchase of equipment and furniture, and other necessary
miscellaneous expenses.

SEC. 3. This Act shall take effect on its approval.

Approved, November 27, 1929.

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ACT NO. 3799

AN ACT GRANTING CERTAIN COMPENSATION TO THE


WIFE OR LEGITIMATE CHILDREN UNDER THE AGE
OF TWENTY-ONE YEARS OF ANY SENATOR OR
REPRESENTATIVE WHO DIES DURING HIS TERM
OF OFFICE, AND APPROPRIATING FUNDS
THEREFOR.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by the authority
of the same:

SECTION 1. Upon the death of any member of the Senate


or House of Representatives during his term of office, his widow
or, in default therefor, his legitimate children under the age of
twenty-one years shall be paid a compensation equivalent to
the total of one year’s salary of such deceased Senator or
Representative, upon presentation of proof of his death.

SEC. 2. The sum of twenty-one thousand pesos is hereby


appropriated, out of any funds in the Insular Treasury not
otherwise appropriated, to be placed at the disposal of the
Senate or House of Representatives for the payment of the
compensation herein authorized to the widow or children of
any Senator or Representative who may have died during the
Eight Legislature. Hereafter, the sums necessary to carry out
the purposes of this Act shall be provided in the annual
appropriations acts.

SEC. 3. This Act shall take effect on its approval.

Approved, December 4, 1930.

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LEGISLATIVE MEASURES

ACT NO. 3810

AN ACT GRANTING TO CONSUELO D. BORJA, A


FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN
AN ELECTRIC LIGHT, HEAT, AND POWER PLANT IN
THE MUNICIPALITY OF ILIGAN, PROVINCE OF
LANAO, PHILIPPINE ISLANDS.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by the
authority of the same:

SECTION 1. Subject to the rules and conditions


established in Act Numbered Thirty-six hundred and thirty-six,
there is hereby granted to Consuelo D. Borja, for a period of
fifty years from the approval of this Act, the right, privilege and
authority to construct, maintain and operate an electric light,
heat and power system for the purpose of generating and
distributing electric light, heat and power, for sale within the
limits of the municipality of Iligan, Province of Lanao, Philippine
Islands.

SEC. 2. This Act shall take effect on its approval.

Approved, December 6, 1930.

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

ACT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER


PENAL LAWS.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by the
authority of the same:

PRELIMINARY ARTICLE. – This law shall be known as


“The Revised Penal Code.”

XXX XXX XXX

TITLE EIGHT
CRIMES AGAINST PERSONS

CHAPTER ONE
DESTRUCTION OF LIFE

SECTION ONE. – Parricide, murder, homicide

XXX XXX XXX

SECTION TWO. Infanticide and abortion

ART. 255. Infanticide . — The penalty provided for


parricide in article 246 and for murder in article 248 shall be
imposed upon any person who shall kill any child less than three
days of age.

If the crime penalized in this article be committed by


the mother of the child for the purpose of concealing her
dishonor, she shall suffer the penalty of prisión correccional in
its medium and maximum periods, and if said crime be

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LEGISLATIVE MEASURES

committed for the same purpose by the maternal grandparents


or either of them, the penalty shall be prisión mayor.

ART. 256. Intentional abortion. — Any person who shall


intentionally cause an abortion shall suffer:

1. The penalty of reclusión temporal, if he shall use any


violence upon the person of the pregnant woman.

2. The penalty of prisión mayor if, without using violence,


he shall act without the consent of the woman.

3. The penalty of prisión correccional in its medium and


maximum periods, if the woman shall have consented.

ART. 257. Unintentional abortion . — The penalty of


prisioncorreccional in its minimum and medium period shall
be imposed upon any person who shall cause an abortion by
violence, but unintentionally.

ART. 258. Abortion practiced by the woman herself of by


her parents. — The penalty of prisioncorreccional in its medium
and maximum periods shall be imposed upon a woman who shall
practice abortion upon herself or shall consent that any other
person should do so.

Any woman who shall commit this offense to conceal her


dishonor, shall suffer the penalty of prisión correccional in its
minimum and medium periods.

If this crime be committed by the parents of the pregnant


woman or either of them, and they act with the consent of said
woman for the purpose of concealing her dishonor, the offenders
shall suffer the penalty of prisión correccional in its medium
and maximum periods.

ART. 259. Abortion practiced by a physician or midwife


and dispensing of abortives. — The penalties provided in Article

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

256 shall be imposed in its maximum period, respectively, upon


any physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion or assist
in causing the same.

Any pharmacist who, without the proper prescription


from a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.

XXX XXX XXX

TITLE ELEVEN
CRIME AGAINST CHASTITY

CHAPTER ONE
ADULTERY AND CONCUBINAGE

ART. 333. Who are guilty of adultery. — Adultery is


committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who
has carnal knowledge of her knowing her to be married, even if
the marriage be subsequently declared void.

Adultery shall be punished by prisión correccional in its


medium and maximum periods.

If the person guilty of adultery committed this offense


while being abandoned without justification by the offended
spouse, the penalty next lower in degree than that provided in
the next preceding paragraph shall be imposed.

ART. 334. Concubinage. — Any husband who shall keep


a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman
who is not his wife, or shall cohabit with her in any other place,

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LEGISLATIVE MEASURES

shall be punished by prisión correccional in its minimum and


medium periods.

The concubine shall suffer the penalty of destierro.

CHAPTER TWO
RAPE AND ACTS OF LASCIVIOUSNESS

ART. 335. When and how rape is committed. – Rape is


committed having carnal knowledge of a woman under any of
the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise


unconscious; and

3. When the woman is under twelve years of age, even


though neither of the circumstances mentioned in the two next
preceding paragraphs shall be present.

Art. 336. Acts of lasciviousness. – Any person who shall


commit any act of lasciviousness upon other persons of either
sex, uner any of the circumstances mentioned in the preceding
article, shall be punished by prisión correccional.

CHAPTER THREE
SEDUCTION, CORRUPTION OF MINORS AND
WHITE SLAVE TRADE

ART. 337. Qualified seduction. – The seduction of a virgin


over twelve years and under eighteen years of age, committed
by any person in public authority, priest, houseservant, domestic,
guardian, teacher, or any person who, in any capacity, shall be
entrusted iwth the education or custody of the woman seduced,

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

shall be punished by prisión correccional in its minimum and


medium periods.

The penalty next higher in degree shall be imposed upon


any person who shall seduce his sister or descendant, whether
or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is


committed when the offender has carnal knowledge of any of
the persons and under the circumstances described herein.

ART. 338. Simple seduction. – The seduction of a woman


who is single or a widow of good reputation, over twelve but
under eighteen years of age, committed by means of deceit, shall
be punished by arresto mayor.

XXX XXX XXX

Art. 341. White slave trade. — The penalty of prision


mayor in its medium and maximum period shall be imposed
upon any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall
enlist the services of any other for the purpose of prostitution.

CHAPTER FOUR
ABDUCTION

ART. 342. Forcible abduction. – The abduction of any


woman against her will and with lewd designs shall be punished
by reclusion temporal.

The same penalty shall be imposed in every case, if the


female abducted be under twelve years of age.

ART. 343. Consented abduction. – The abduction of a


virgin over twelve and under eighteen years of age, carried out

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LEGISLATIVE MEASURES

with her consent and with lewd designs, shall be punished by


the penalty of prisión correccional in its minimum and medium
periods.

XXX XXX XXX

CHAPTER TWO
ILLEGAL MARRIAGES

XXX XXX XXX

Art. 351. Premature marriages. — Any widow who shall


marry within three hundred and one day from the date of the
death of her husband, or before having delivered if she shall
have been pregnant at the time of his death, shall be punished
by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman


whose marriage shall have been annulled or dissolved, if she
shall marry before her delivery or before the expiration of the
period of three hundred and one day after the legal separation.

XXX XXX XXX

TITLE FIFTEEN
FINAL PROVISIONS

ART. 366. Application of laws enacted prior to this Code.


– Without prejudice to the provisions contained in article 22 of
this Code, felonies and misdemeanours, committed prior to the
date of effectiveness of this Code shall be punished in accordance
with the Code or Acts in force at the time of their commission.

ART. 367. Repealing clause. – Except as is provided in


the next preceding article, the present Penal Code, the
Provisional Law for the application of its provisions, and Acts

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Nos. 277, 292, 480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692,
1754, 1755, 2030, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364,
2549, 2557, 2595, 2609, 2712, 2718, 3104, 3195, 3244, 3298, 3309,
3313, 3397, 3559, and 3586, are hereby repealed.

The provisions of the Acts which are mentioned


hereunder are also repealed, namely:

Act 666, sections 6 and 8.

Act 1508, section 9, 10, 11, and 12.

Act 1524, section 4.

Act 1533, sections 1, 2, and 6.

Act 1697, section 3 and 4.

Act 1757, sections 1, 2, 3, 4, 5, 6, 7 (first clause), 11, and


12.

Act 2381, sections 2, 3, 4, 5, 6, 8, and 9.

Act 2711, sections 02, 2670, 2671, and 2672.

Act 3247, sections 1, 2, 3, and 5; and

General Orders, No. 58, series of 1900, section 106.

And all laws and parts of laws which are contrary to the
provisions of this Code are hereby repealed.

Approved, December 8, 1930.

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LEGISLATIVE MEASURES

ACT NO. 3922

AN ACT TO AMEND ARTICLE THIRTEEN HUNDRED AND


EIGHTY-SEVEN OF THE CIVIL CODE,
EMPOWERING MARRIED WOMEN, OF AGE, TO
DISPOSE FREELY OF HEIR PARAPHERNAL
PROPERTY, WITHOUT THE CONSENT OF THE
HUSBAND.

Be it enacted by the Senate and House of Representative of the


Philippines in Legislature assembled and by the
authority of the same:

SECTION 1. Article thirteen hundred and eighty-seven


of the Civil Code is hereby amended to read as follows:

“Art. 1387. The married woman, of age, may alienate,


encumber or mortgage or otherwise dispose of her paraphernal
property, and appear in court to litigate with regard to the same,
without necessity of the permission or presence of the husband.”

SEC. 2. All acts or parts of acts inconsistent with this


Act are hereby repealed.

SEC. 3. This Act shall take effect on its approval.

Approved, September 12, 1932.

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ACT NO. 4081

AN ACT PROVIDING FOR CERTAIN RESTRICTIONS IN THE


PRACTICE OF MIDWIFERY AND FOR OTHER
PURPOSES.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. Restrictions in the practice of midwifery.—


Any midwife or nurse authorized to practice midwifery in the
Philippine Islands is hereby prohibited to perform obstetrical
operations or to make internal examinations in parturient cases
as well as to administer pituitrin or ergotin or any other similar
preparations or derivatives to a woman in labor, unless she is
under the immediate direction and supervision of a licensed
physician.

SEC. 2. Violations.—Any person violating the provision


of this Act shall be subject to a fine of not more than two hundred
pesos, or to imprisonment for not more than ninety days, or
both, in the discretion of the court.

SEC. 3. This Act shall take effect on its approval.

Approved, November 29, 1933.

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LEGISLATIVE MEASURES

ACT NO. 4091

AN ACT TO AMEND SECTION FIVE HUNDRED AND FIFTY-


THREE OF ACT NUMBERED ONE HUNDRED AND
NINETY, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives


of the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. Section five hundred and fifty-three of Act


Numbered One hundred and ninety is hereby amended to read
as follows:

“SEC. 553. Father or mother natural guardian and to be


appointed guardian of estate, if competent.—The father, or, in
case of his death or legal disqualification, the mother, of a minor
child, is to be deemed the natural guardian of the child, and as
such is entitled to the custody, and care for the education of the
minor, but not of his estate, unless so ordered by the court,
except that where a parent who has insured the life of his minor
child under eighteen years of age is, under the terms of the
policy, the sole beneficiary, and liable for the payment of the
premiums on the policy in question, said parent, as natural
guardian, may collect the dividends due on the policy and may
borrow or otherwise compromise or surrender the policy in
question. It shall be the duty of the judge, in the appointment of
a guardian of the estate of a minor child, to appoint the father
or mother or near relative of the child, preference being given
in the order just named ; but the court shall have the power to
set aside the order of preference here provided, and to appoint
any suitable person as guardian, either of the person or of the
estate of the minor, or both, as the best interests of the child
may require. The authority of the guardian shall not be
extinguished or affected by the marriage of the guardian.”

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SEC. 2. This Act shall take effect on its approval.

Approved, November 29, 1933.

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ACT NO. 4112


4112
AN ACT TO AMEND SECTION FOUR HUNDRED AND
THIRTY-ONE OF THE ADMINISTRATIVE CODE, AS
AMENDED, BY GRANTING THE RIGHT OF
SUFFRAGE TO THE WOMEN AND MAKING THEM
ELIGIBLE TO ALL PUBLIC OFFICES, AND FOR
OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of


the Philippines in Legislature assembled and by
authority of the same:

SECTION 1. Section four hundred and thirty-one of Act


Numbered Twenty-seven hundred and eleven, known as the
Administrative Code, as amended, is hereby further amended
to read as follows:

“SEC. 431. Qualifications prescribed for voters. – Every


male or female person who is not a citizen or subject of a foreign
power, twenty-one years of age or over, who shall have been a
resident of the Philippines for one year and of the municipality
in which he shall offer to vote for six months next preceding the
day of voting is entitled to vote in all elections if comprised
within either of the following three classes:

“(a) Those who, under the laws in force in the Philippine


Islands upon the twenty-eight day of August, nineteen hundred
and sixteen, were legal voters and had exercised the right of
suffrage.

“(b) Male persons who own real property to the value of


five hundred pesos, declared in their name for taxation purposes
for a period of not less than one year prior to the date of the
election, or who annually pay thirty pesos or more of the
established taxes.

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“(c) Those who are able to read and write either Spanish,
or English, or a native language.”

SEC. 2. For the purposes of the registration of women in


the list of voters and voting by women, the Secretary of the
Interior and Labor shall by regulation provide for the manner
in which they shall establish their identity.

SEC. 3. This Act shall take effect on January first,


nineteen hundred and thirty-five.

Approved: December 7, 1933.

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COMMONWEALTH ACT NO. 34


COMMONWEALTH
AN ACT TO PROVIDE FOR THE HOLDING OF A PLEBISCITE
ON THE QUESTION OF WOMAN SUFFRAGE.

Be it enacted by the National Assembly of the Philippines:

SECTION 1. Pursuant to the provisions of Article V of


the Constitution, there shall be held a plebiscite on Friday, April
thirty, nineteen hundred and thirty-seven, on the question of
woman suffrage. On said date all qualified women, as hereinafter
provided, may vote either in favor or against the granting of
such suffrage.

Said Article V of the Constitution shall be published in


the Official Gazette, in English and in Spanish, for three
consecutive issues at least fifteen days prior to said election,
and the said Article V shall be posted in a conspicuous place in
each municipal and provincial office building and in each polling
place not later than then twenty-second day of April, nineteen
hundred and thirty-seven, and shall remain posted therein
continually until after the termination of the plebiscite. At least
ten copies of the said Article V of the Constitution, in English
and in Spanish, shall be kept at each polling place available for
examination by the qualified electors during the plebiscite.
Whenever practicable, copies in the principal native languages,
as may be determined by the Secretary of the Interior, shall
also be kept in each polling place.

SEC. 2. Every female citizen of the Philippines, twenty-


one years of age, or over, who shall have been a resident of the
Philippines for one year and of the municipality wherein she
proposes to vote for at least six months next preceding the
plebiscite and who possesses the qualifications required by
existing law for male voters, but without the disqualifications
therein specified, is entitled to vote in said plebiscite.

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SEC. 3. The provisions of the Election Law regarding


the holding of a special election, in so far as said provisions are
not in conflict herewith, are hereby declared applicable to the
plebiscite provided for in this Act. Four watchers shall be
appointed for each polling place in every municipality by the
women’s club organized therein, or in default of any women’s
organization, by the National federation of Women’s Club. The
same number of watchers shall be allowed to groups or
organizations opposed to woman suffrage.

SEC. 4. In specially organized provinces, whenever


necessary, the provincial boards, under the supervision of the
Secretary of the Interior, provide for the formation of election
precincts in every municipality or municipal district, shall
designate the proper polling places, and shall appoint election
inspectors and poll clerks with their respective substitutes.

SEC. 5. The election precincts shall remain as now


established, and the polling places shall be the same unless the
municipal council or board concerned shall designate a different
place on or before April first, nineteen hundred and thirty-seven.

SEC. 6. The existing boards of election inspectors shall


meet, for the registration of voters, for the purposes of this Act
on April tenth and seventeenth, nineteen hundred and thirty-
seven, between the hours of seven in the morning and seven in
the afternoon: Provided, however, That if upon the stroke of
seven o’clock in the evening on either of the two days designated
for registration and the revision of the list there still remain
women who desire to be registered, the election inspectors shall
make a list of those present at said hour within a radius of thirty
meters from the polling place and shall hand each of them a
consecutively numbered card, and upon presentation of said
card, the registration of said women shall be permitted after
seven o’clock in the evening. Before registering any female voter,
the board of election inspectors shall require each registrant to
fill out and sign, under oath before said board of election

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inspectors, an identification card, showing her name in full; her


age on her birthday; her civil status; her citizenship; length of
residence in the Philippines; length of residence in the
municipality where she proposes to vote; and whether she is
able to read and write any native language, Spanish or English.
Printed forms for this purpose shall be furnished each
registrant. Each election inspector and poll clerk shall receive
two pesos for each day of actual service rendered by him as
required by this Act.

Women possessing the qualifications of a male voter may


be appointed poll clerks for the plebiscite.

SEC. 7. All judicial proceedings for the inclusion or


exclusion of voters shall be free of charge and shall be filed not
later than the twenty-third day of April, nineteen hundred and
thirty-seven, and shall be finally decided on or before the twenty-
sixth day of April, nineteen hundred and thirty-seven. The board
of election inspectors shall hold its last meeting on April twenty-
eight, nineteen hundred and thirty-seven, for the purpose
specified in section four hundred and thirty-nine of the Election
Law.

SEC. 8. The ballots to be used in the plebiscite shall be


printed in English and in Spanish and shall conform to the
following form:

(See Official Ballot)

SEC. 9. The boards of inspectors shall prepare only three


copies of the returns of the plebiscite in their respective polling
places on a form to be prescribed by the Secretary of the Interior.
One copy shall be deposited in the ballot box for the valid ballots
and the two copies shall be delivered to the proper municipal
treasurer, who shall immediately forward, by registered mail,
one copy to the Secretary of the National Assembly and the other
copy to the Secretary of the Interior. The Bureau of Posts shall

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accept and transmit without delay and free of charge all


plebiscite returns and any official report or telegram connected
therewith.

SEC. 10. A count of the votes cast according to the returns


of the board of inspectors will be made by the National Assembly.
If the result shows that not less than three hundred thousand
women have voted affirmatively on the question, all women who
possess the qualifications specified in section two hereof will
be entitled to vote in any election which may be held thereafter.
In such case, the registration list of the plebiscite may be used
in any subsequent election, until revised according to law.

SEC. 11. The sum of one hundred and fifty thousand


pesos, or so much thereof as may be necessary, is hereby
appropriated out of any funds in the National Treasury, not
otherwise appropriated, for the payment, subject to the approval
of the Secretary of the Interior, of the expenses incurred in
connection with the holding of the plebiscite provided for in
this Act.

SEC. 12. This Act shall take effect upon its approval.

Approved, September 30, 1936.

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COMMONWEALTH ACT NO. 473


COMMONWEALTH
AN ACT TO PROVIDE FOR THE ACQUISITION OF
PHILIPPINE CITIZENSHIP BY NATURALIZATION,
AND TO REPEAL ACTS NUMBERED TWENTY-NINE
HUNDRED AND TWENTY-SEVEN AND THIRTY-
FOUR HUNDRED AND FORTY-EIGHT.

Be it enacted by the National Assembly of the Philippines:

SECTION 1. Title of Act. – This Act shall be known and


may be cited as the “Revised Naturalization Law.”

XXX XXX XXX

SEC. 3. Special qualifications. – The ten years of


continuous residence required under the second condition of
the last preceding section shall be understood as reduced to
five years for any petitioner having any of the following
qualifications:

(1) Having honorably held office under the Government


of the Philippines or under that of any of the provinces, cities,
municipalities, or political subdivisions thereof;

(2) Having established a new industry or introduced a


useful invention in the Philippines;

(3) Being married to a Filipino woman;

(4) Having been engaged as a teacher in the Philippines


in a public or recognized private school not established for the
exclusive instruction of children of persons of a particular
nationality or race, in any of the branches of education or
industry for a period of not less than two years;

(5) Having been born in the Philippines.

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XXX XXX XXX

SEC. 6. Widow and minor children of aliens dying after


declaration of intention not required to file declaration of
intention. – When any alien who has declared his intention to
become a citizen of the Philippines dies before he is actually
naturalized the widow and minor children of such alien may, by
complying with the other provisions of this Act, be naturalized
without making any declaration of intention.

SEC. 7. Petition for citizenship. – Any person desiring


to acquire Philippine citizenship shall file with the competent
court, a petition in triplicate, accompanied by two photographs
of the petitioner, setting forth his name and surname; his present
and former places of residence; his occupation; the place and
date of his birth; whether single or married and the father of
children, the name, age, birthplace and residence of the wife
and of each of the children; the approximate date of his or her
arrival in the Philippines, the name of the port of debarkation,
and, if he remembers it, the name of the ship on which he came;

XXX XXX XXX

SEC. 15. Effect of the naturalization on wife and children


– Any woman who is now or may hereafter be married to a
citizen of the Philippines, and who might herself be lawfully
naturalized shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who


have been born in the Philippines shall be considered citizens
thereof.

A foreign-born minor child, if dwelling in the Philippines


at the time of the naturalization of the parent, shall automatically
become a Philippine citizen, and a foreign-born minor child, who
is not in the Philippines at the time the parent is naturalized,
shall be deemed a Philippine citizen only during his minority,

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LEGISLATIVE MEASURES

unless he begins to reside permanently in the Philippines when


still a minor, in which case, he will continue to be a Philippine
citizen even after becoming of age.

A child born outside of the Philippines after the


naturalization of his parent, shall be considered a Philippine
citizen, unless within one year after reaching the age of majority,
he fails to register himself as a Philippine citizen at the American
Consulate of the country where he resides, and to take the
necessary oath of allegiance.

SEC. 16. Right of widow and children of petitioners who


have died. – In case a petitioner should die before the final
decision has been rendered, his widow and minor children may
continue the proceedings. The decision rendered in the case
shall, so far as the widow and minor children are concerned,
produce the same legal effect as if it had been rendered during
the life of the petitioner.

XXX XXX XXX

SEC. 22. Repealing clause. – Act Numbered Twenty-


nine hundred and twenty-seven as amended by Act Numbered
Thirty four hundred and forty-eight, entitled “The
Naturalization Law”. is repealed: Provided, That nothing in this
Act shall be construed to affect any prosecution, suit, action, or
proceedings brought; or any act, thing, or matter, civil or
criminal, done or existing before the taking effect of this Act,
but as to all such prosecutions, suits, actions, proceedings, acts,
things, or matters, the laws, or parts of laws repealed or
amended by this Act are continued in force and effect.

SEC. 23. Date when this Act shall take effect. – This Act
shall take effect on its approval.

Approved, June 17, 1939.

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COMMONWEALTH ACT NO. 613


COMMONWEALTH
AN ACT TO CONTROL AND REGULATE THE IMMIGRATION
OF ALIENS INTO THE PHILIPPINES

Be it enacted by the National Assembly of the Philippines:

TITLE OF ACT

SECTION 1. This Act shall be known as “The Philippine


Immigration Act of 1940”

XXX XXX XXX

NONIMMIGRANTS

SEC. 9. Aliens departing from any place outside the


Philippines, destined for the Philippines who are otherwise
admissible and who qualify within one of the following
categories, may be admitted as nonimmigrants:

(a) A temporary visitor coming for business or for pleasure


or for reasons of health;

(b) A person in transit to a destination outside the


Philippines;

(c) A seaman serving as such on a vessel arriving at a


port of the Philippines and seeking to enter temporarily and
solely in the pursuit of his calling as a seaman;

(d) A person seeking to enter the Philippines solely to


carry on trade between the Philippines and the foreign state of
which he is national, his wife, and his unmarried children under
twenty-one years of age, if accompanying or following to join
him, subject to the condition that citizens of the Philippines
under the similar conditions are accorded like privileges in the
foreign state of which such person is a national;

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LEGISLATIVE MEASURES

XXX XXX XXX

IMMIGRANTS

SEC. 13. Under the conditions set forth in this Act, there
may be admitted into the Philippines immigrants, termed “quota
immigrants” not in excess of fifty (50) of any one nationality or
without nationality for any one calendar year, except that the
following immigrants, termed “non-quota immigrants,” may be
admitted without regard to such numerical limitations.

The corresponding Philippine Consular representative


abroad shall investigate and certify the eligibility of a quota
immigrant previous to his admission into the Philippines.
Qualified and desirable aliens who are in the Philippines under
temporary stay may be admitted within the quota, subject to
the provisions of the last paragraph of Section 9 of this Act.

(a) The wife or the husband or the unmarried child under


twenty-one. years of age of a Philippine citizen, if accompanying
or following to join such citizen;

(b) A child of alien parents born during the temporary


visit abroad of the mother, the mother having been previously
lawfully admitted into the Philippines for permanent residence,
if the child is accompanying or coming to join a parent and
applies for admission within five years from the date of its birth;

(c) A child born subsequent to the issuance of the


immigration visa of the accompanying parent, the visa not having
expired;

(d) A woman who was a citizen of the Philippines and


who lost her citizenship because of her marriage to an alien or
by reason of the loss of Philippine citizenship by her husband,
and her unmarried child under twenty- one years of age, if
accompanying or following to join her;

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(e) A person previously lawfully admitted into the


Philippines for permanent residence, who is returning from a
temporary visit abroad to an unrelinquished residence in the
Philippines;

(g) A natural-born citizen of the Philippines, who has been


naturalized in a foreign country, and is returning to the
Philippines for permanent residence, including his spouse and
minor unmarried children, shall be considered a non-quota
immigrant for purposes of entering the Philippines.

XXX XXX XXX

DOCUMENTATION OF IMMIGRANTS

SEC. 15. Presentation of unexpired passport; in the case


of the children. - Immigrants must present for admission into
the Philippines unexpired passports or official documents in
the nature of passports issued by the governments of the
countries to which they owe allegiance or other travel
documents showing their origin and identity as prescribed by
regulations, and valid immigration visas issued by consular
officers, except that children born subsequent to the issuance
of the immigration visa or a reentry permit in case of children
born abroad during the temporary visit abroad of their mothers
as provided for in paragraph (c) of Section Thirteen of this Act,
the immigration visa or reentry permit not having expired, and
returning residents as referred to in Section Thirteen (f) hereof,
present unexpired reentry permits as provided for in Section
twenty-two of this Act, shall not be subject to these documentary
requirements. No child shall, however, be exempt from these
documentary requirements unless the alleged mother shall have
proved her state of pregnancy before the consular officers in
the case of children born subsequent to the issuance of a valid
immigration visa, or before the immigration authority prior to
her departure from the Philippines in the case of children born
abroad of mothers with valid reentry permits: Provided,

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LEGISLATIVE MEASURES

however, That in the latter case should the mother become


pregnant after her departure from the Philippines the fact of
her pregnancy shall be proved before the consul officers who
shall issue the appropriate certification for presentation to the
immigration authorities upon her return to the Philippines.

XXX XXX XXX

IMMIGRATION VISAS FOR QUOTA IMMIGRANTS

SEC. 18. An immigration visa shall not be issued by a


consular officer to an immigrant whose admission into the
Philippines is subject to the numerical limitations imposed by
Section Thirteen of this Act until the consular officer shall have
received from the Commissioner of Immigration the allotment
of a quota number to be placed upon the visa for the immigrant.

SEC. 19. Preference in allotment of quota numbers. - In


allotting quota numbers, the Commissioner of immigration shall
accord preference to immigrants who are the fathers and
mothers of Philippine citizens who are twenty-one years of age
or over, and the wives, husbands, and unmarried children under
of twenty-one years of age, of aliens lawfully admitted into the
Philippines for permanent residence and residing therein. Such
preference shall be accorded only upon petition made therefor
under regulations prescribed by the Commissioner.

XXX XXX XXX

REENTRY PERMITS

EXCLUDED CLASSES

SEC. 29. (a) The following classes of aliens shall be


excluded from entry into the Philippines:

(1) Idiots or insane persons and persons who have been


insane;

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(2) Persons afflicted with a loathsome or dangerous


contagious disease, or epilepsy:

(3) Persons who have been convicted of a crime involving


moral turpitude;

(4) Prostitutes, or procurers, or persons coming for any


immoral purposes;

(5) Persons likely to become, public charge;

(6) Paupers, vagrants, and beggars;

(7) Persons who practice polygamy or who believe in or


advocate the practice of polygamy;

(8) Persons who believe in or advocate the overthrow by


force and violence of the Government of the Philippines, or of
constituted lawful authority, or who disbelieve in or are opposed
to organized government, or who advocate the assault or
assassination of public officials because of their office, or who
advocate or teach principles, theories, or ideas contrary to the
Constitution of the Philippines or advocate or teach the unlawful
destruction of property, or who are members of or affiliated with
any organization entertaining or teaching such doctrines;

(9) Persons over fifteen years of age, physically capable


of reading, who cannot read printed matter in ordinary use in
any language selected by the alien, but this provision shall not
apply to the grandfather, grandmother, father, mother, wife,
husband or child of a Philippine citizen or of an alien lawfully
resident in the Philippines;

XXX XXX XXX

SEC. 30. Any alien seeking admission into the Philippines


may be required to testify under oath on matters relating to his
admissibility. The burden of proof shall be upon such alien to

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LEGISLATIVE MEASURES

establish that he is not subject to exclusion under any provision


of the immigration laws.

XXX XXX XXX

GENERAL DEFINITIONS

SEC. 50. As used in this Act:

(a) The term “Philippines” means all the territory and


waters subject to the jurisdiction of the Government of the
Philippines.

(b) The term “alien” means any person not a citizen of


the Philippines.

(c) Except for the period covered by Section 55, the term
“consular officer” means any official acting for the Government
of the Philippines, designated by the President for the purpose
of issuing visas to aliens as required of aliens by this Act.

(d) The term “unmarried” when used in reference to an


individual as of any time, means an individual who at such time
is not married, whether or not previously married.

(e) The terms “child,” “father,” and “mother,” do not


include a child or parent by adoption unless the adoption took
place before May 1, 1939.

(f) The terms “wife” and “husband” do not include a wife


or husband by reason of a proxy or picture marriage taking place
after the effective date of this Act.

(g) The word “person” shall be construed to import both


the plural and the singular, as the case may be, and shall include
partnerships, corporations, companies, and associations. When
construing and enforcing the provisions of this Act, the act,
omission, or failure of any director, officer, agent, or employee

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of any partnership, corporation, company, or association acting


within the scope of his employment or office shall, in every case,
be deemed the act, omission, or failure of such partnership,
corporation, company, or association.

(h) The term “vessel” shall include civil aircraft as well


as water craft.

(i) The term “seaman” means a person serving in any


capacity on board a vessel or civil aircraft.

(j) The term “immigrant” means any alien departing from


any place outside the Philippines destined for the Philippines,
other than a nonimmigrant.

(k) The term “immigration laws” shall mean this Act and
any other law hereafter enacted relating to the entry of aliens
into the Philippines, and their exclusion, deportation, and
repatriation therefrom.

(l) The words “the President” refer to the President of


the Philippines.

EFFECTIVE DATE OF ACT

SEC. 51. When this Act shall have been approved by the
President of the United States, such fact shall be made known
by proclamation of the President of the Philippines and this
Act shall take effect on the one hundred and twentieth day after
the date of such proclamation: Provided, however, That the
provisions of this Act creating the Bureau of Immigration and
appropriating funds for its support and maintenance shall take
effect on the date of the proclamation above-referred to,
announcing the approval of this Act by the President of the
United States.

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LEGISLATIVE MEASURES

REPEAL OF EXISTING LAWS

SEC. 52. This Act is in substitution for and supersedes


all previous laws relating to the entry of aliens into the
Philippines, and their exclusion, deportation, and repatriation
therefrom, with the exception of Section Sixty-Nine of Act
Numbered Twenty-seven hundred and eleven which shall
continue in force and effect: Provided, That nothing contained
in this Act shall be construed to affect any prosecution, suit,
action, or proceedings brought, or any act, thing, or matter, civil
or criminal, done or existing at the time of the taking effect of
this Act; but as to all such prosecutions, suits, actions,
proceedings, acts, thing, or matters, the laws or parts of laws
repealed or amended by this Act are continued in force and
effect: and Provided, further, That as to such prosecutions,
actions, suits, or proceedings or as to such acts, things, or
matters, the procedure provided for by this Act or by the
regulations prescribed thereunder shall be followed in so far as
the same may be applicable.

GENERAL RESERVATIONS

SECTION 54. [Repealed by Section 19 of R.A. 503,


approved June 12, 1950].

Approved: August 26, 1940.

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COMMONWEALTH ACT NO. 625


COMMONWEALTH
AN ACT PROVIDING THE MANNER IN WHICH THE
OPTION TO ELECT PHILIPPINE CITIZENSHIP
SHALL BE DECLARED BY A PERSON WHOSE
MOTHER IS A FILIPINO CITIZEN

Be it enacted by the National Assembly of the Philippines:

SECTION 1. The option to elect Philippine citizenship


in accordance with subsection (4), section 1, Article IV, of the
Constitution1 shall be expressed in a statement to be signed
and sworn to by the party concerned before any officer
authorized to administer oaths, and shall be filed with the
nearest civil registry. The said party shall accompany the
aforesaid statement with the oath of allegiance to the
Constitution and the Government of the Philippines.

SEC. 2. If the party concerned is absent from the


Philippines, he may make the statement herein authorized
before any officer of the Government of the United States2
authorized to administer oaths, and he shall forward such
statement together with his oath of allegiance, to the Civil
Registry of Manila.

SEC. 3. The civil registrar shall collect as filing fees of


the statement, the amount of ten pesos.

SEC. 4. The penalty of prision correccional, or a fine not


exceeding ten thousand pesos, or both, shall be imposed on
anyone found guilty of fraud or falsehood in making the
statement herein prescribed.

SEC. 5. This Act shall take effect upon its approval.

Approved, June 7, 1941.

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LEGISLATIVE MEASURES

COMMONWEALTH ACT NO. 647


COMMONWEALTH
AN ACT TO GRANT MATERNITY LEAVE TO MARRIED
WOMEN WHO ARE IN THE SERVICE OF THE
GOVERNMENT OR OF ANY OF ITS
INSTRUMENTALITIES.

Be it enacted by the National Assembly of the Philippines:

SECTION 1. Married women who are permanently or


temporarily appointed in the service of the Government, or in
any of its branches, subdivisions, agencies, or instrumentalities,
including the corporations and enterprises owned or controlled
by the Government, shall, in addition to the vacation and sick
leave which they may enjoy now, be entitled in case of pregnancy
to a maternity leave of sixty days subject to the following
conditions.

(a) Permanent and regular employees who have rendered


two or more years of continuous service, shall be entitled to
maternity leave with full pay;

(b) Permanent and regular employees who have rendered


less than two years of continuous service, shall be entitled to
half pay; and

(c) Temporary employees shall be entitled to maternity


leave without pay and shall be readmitted to the service at the
end of their leave. No employee shall be refused readmission to
the service on the ground of absence on account of maternity.

SEC. 2. The proper department head or chief of bureau


or office shall, subject to the requirements of the public service,
avoid the assignment of strenuous and fatiguing work to married
women under their charge who are in a state of pregnancy.

SEC. 3. Any savings in the appropriation, allotment, or


fund for salaries and wages, authorized for any fiscal year for

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the department of the government concerned, or for any of its


branches, subdivisions, agencies, or instrumentalities, including
corporations and enterprises owned or controlled by it, may be
used for the temporary employment of substitute officers or
employees to take the place of those who are granted maternity
leave if the duties of the latter cannot be dispensed with without
detriment to the service, and the same cannot be assigned to,
or distributed among, the other employees already in the
service.

SEC. 4. This Act shall take effect upon its approval.

Approved: June 14, 1941.

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COMMONWEALTH ACT NO. 701


COMMONWEALTH
AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED
THOUSAND PESOS FOR THE RESUMPTION OF THE
ACTIVITIES AND FUNCTIONS RELATIVE TO THE
PROTECTION OF EARLY INFANCY, MATERNITY,
AND CHILD HEALTH.

Be it enacted by the Senate and the House of Representatives


in Congress assembled:

SECTION 1. In order to insure and afford adequate


facilities for the resumption and continuation of the protection
of early infancy and the promotion of the general work of the
Government related to maternity and child health, there is
appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of five hundred thousand pesos
to be expended at the discretion of the Secretary of Health and
Public Welfare: Provided, That the funds herein appropriated
shall not be affected by any priority appropriation established
by law.

SEC. 2. It shall be the duty of the Secretary of Health


and Public Welfare, through the Bureau of Health, to reorganize
as soon as practicable, the puericulture centers and maternity
houses existing on or before the approval of this Act, and
establish new ones in the different municipalities, municipal
districts and chartered cities where such institutions are
urgently needed. The Director of Health or his duly authorized
representatives shall have control and supervision over the
puericulture centers.

SEC. 3. Said institutions shall be maintained by the


National Government and by the chartered city or municipality
or municipal district in which established. The share of the
National Government and of the cities, municipalities and other
entities shall be in the following proportion: sixty per centum

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shall be paid out to the National fund and forty percent centum
by the local entity concerned. Said amount shall be deposited
with, and certified to, by the treasurer of the city or municipality
or municipal district concerned, who shall act as treasurer ex-
officio of the puericulture center or maternity house therein.

SEC. 4. This Act shall take effect upon its approval.

Approved, November 1, 1945.

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COMMONWEALTH ACT NO. 704


COMMONWEALTH
AN ACT TO ESTABLISH MUNICIPAL MATERNITY AND
CHARITY CLINICS

Be it enacted by the Senate and House of Representatives in


Congress assembled:

SECTION 1. Subject to the provisions of this Act, the


Director of Health shall establish municipal maternity and
charity clinics in municipalities and municipal districts having
a population of not more than eight thousand inhabitants:
Provided, That said municipalities and municipal districts have
no puericulture centers or other health organizations
established.

SEC. 2. To take charge of a municipal maternity and


charity clinic established under this Act the Director of Health
shall appoint a duly licensed physician; a registered nurse
should there be no physician available; or a registered midwife,
should no physician, or registered nurse be available: Provided,
however, That such appointee shall reside in the municipality
or municipal district for which he is appointed and that he shall
serve subject to the rules and regulations that may be
promulgated by the Director of Health with the approval of the
Department Head.

SEC. 3. The municipal maternity and charity clinic shall


attend to all obstetrical cases in the municipality and shall
render free service to indigent patients certified as such by the
municipal treasurer.

SEC. 4. A physician appointed to take charge of a


municipal maternity and charity clinic shall be given a basic
compensation of one hundred pesos a month provided said
physician attends to at least fifty patients during the month,
fifty per cent of whom shall be mothers and babies under one

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year of age; in addition, said physician shall be granted an


additional compensation of twenty-five pesos for every childbirth
personally attended by him or her, said rate of additional
compensation not to exceed fifty pesos or a total of one hundred
fifty pesos a month including the basic compensation.

A registered nurse shall have a basic compensation of


sixty pesos a month provided she attends to at least forty
patients during the month; in addition, the nurse shall be given
an additional compensation of fifteen pesos for every childbirth
attended by her which additional pay shall not exceed a total of
forty pesos during the month or a total monthly compensation
including the basic salary, of one hundred pesos.

A registered midwife shall have a basic compensation of


thirty pesos a month provided she attends to thirty patients
during the month; in addition, she shall be granted an additional
compensation of ten pesos for every childbirth attended by her
during the month which additional pay shall not exceed forty
pesos or a total of seventy pesos including her basic
compensation.

SEC. 5. In Mindanao and Sulu and the Provinces of


Palawan, Mindoro, Samar, Batanes, and the Mountain Province,
the basic pay and the additional compensation provided in
section four of this Act shall be doubled.

SEC. 6. The sum of seven hundred thousand pesos is


hereby appropriated from the funds of the National Treasury
not otherwise appropriated to cover the expenses for salaries,
supplies, equipment, travelling expenses and other sundry
expenses that may be needed to carry out the provisions of this
Act and shall not be affected by any priority appropriation
established by law.

SEC. 7. This Act shall take effect upon its approval.

Approved, November 1, 1945.

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REPUBLIC ACT NO. 21

AN ACT AUTHORIZING THE LEGITIMATE FATHER, OR, IN


HIS DEFAULT, THE MOTHER, OF ANY MINOR OR
INCOMPETENT PERSON HAVING A CLAIM OR
SHARE IN A CLAIM AGAINST THE GOVERNMENT
OF THE PHILIPPINES OR OF THE UNITED STATES,
TO RECEIVE PAYMENT OF SAID CLAIM OR SHARE
WHEN THE AMOUNT THEREOF DOES NOT EXCEED
FIVE HUNDRED PESOS OR ITS EQUIVALENT IN
DOLLARS

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled.

SECTION 1. Any provision of law to the contrary


notwithstanding, the legitimate father, or, in his default, the
mother, of any minor or incompetent person having a claim, or
share in a claim, against the Government of the Philippines or
of the United States, is authorized, without need of the court
appointing him or her as guardian for said minor or incompetent
person, to receive payment of said claim or share when the
amount thereof does not exceed five hundred pesos or its
equivalent in dollars, except in case said father or mother is an
imbecile, insane, vagrant or vicious person, or is a habitual
drunkard or a habitual criminal, or has abandoned, neglected,
or refused to support said minor or incompetent person, or has
caused the same to commit offenses against the law.

SEC. 2. This Act shall take effect upon its approval.

Approved, September 25, 1946.

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REPUBLIC ACT NO. 208

AN ACT PROVIDING A LIFE PENSION FOR WIDOWS OF EX-


PRESIDENTS OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled;

SECTION 1. The widow of an ex-President of the


Philippines, or of a President who dies in office shall be entitled
to a life pension of twelve thousand pesos per year payable to
her monthly by the Treasury of the Philippines.

SEC. 2. This Act shall take effect on April fifteen,


nineteen hundred and forty-eight.

Approved, June 1, 1948.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE


THE CIVIL CODE OF THE PHILIPPINES

BOOK I
PERSONS

Title III. – MARRIAGE

CHAPTER 1
REQUISITES OF MARRIAGE

ART. 52. Marriage is not a mere contract but an inviolable


social institution. Its nature, consequences and incidents are
governed by law and not subject to stipulation, except that the
marriage settlements may to a certain extent fix the property
relations during the marriage. (n)

ART. 53. No marriage shall be solemnized unless all these


requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional


character(Sec. 1a, ART. 3613).

ART. 54. Any male of the age of sixteen years or upwards,


and any female of the age of fourteen years or upwards, not
under any of the impediments mentioned in Articles 80 to 84,
may contract marriage. (2)

ART. 55. No particular form for the ceremony of marriage


is required, but the parties with legal capacity to contract
marriage must declare, in the presence of the person solemnizing

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the marriage and of two witnesses of legal age, that they take
each other as husband and wife. This declaration shall be set
forth in an instrument in triplicate, signed by signature or mark
by the contracting parties and said two witnesses and attested
by the person solemnizing the marriage.

In case of a marriage on the point of death, when the


dying party, being physically unable, cannot sign the instrument
by signature or mark, it shall be sufficient for one of the
witnesses to the marriage to sign in his name, which fact shall
be attested by the minister solemnizing the marriage. (3)

XXX XXX XXX

ART. 57. The marriage shall be solemnized publicly in


the office of the judge in open court or of the mayor; or in the
church, chapel or temple, as the case may be, and not elsewhere,
except in cases of marriages contracted on the point of death or
in remote places in accordance with Article 72 of this Code, or
in case of marriage referred to in Article 76 or when one of the
parents or the guardian of the female or the latter herself if
over eighteen years of age request it in writing, in which cases
the marriage may be solemnized at a house or place designated
by said parent or guardian of the female or by the latter herself
in a sworn statement to that effect. (5a)

XXX XXX XXX

ART. 61. In case either of the contracting parties is a


widowed or divorced person, the same shall be required to
furnish, instead of the baptismal or birth certificate required in
the last preceding article, the death certificate of the deceased
spouse or the decree of the divorce court, as the case may be. In
case the death certificate cannot be found, the party shall make
an affidavit setting forth this circumstance and his or her actual
civil status and the name and the date of the death of the
deceased spouse.

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LEGISLATIVE MEASURES

In case either or both of the contracting parties, being


neither widowed nor divorced, are less than twenty years of
age as regards the male and less than eighteen years as regards
the female, they shall, in addition to the requirements of the
preceding articles, exhibit to the local civil registrar, the consent
to their marriage, of their father, mother or guardian, or persons
having legal charge of them, in the order mentioned. Such
consent shall be in writing, under oath taken with the
appearance of the interested parties before the proper local civil
registrar or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law
to administer oaths. (9a)

ART. 62. Males above twenty but under twenty-five years


of age, or females above eighteen but under twenty-three years
of age, shall be obliged to ask their parents or guardian for
advice upon the intended marriage. If they do not obtain such
advice, or if it be unfavorable, the marriage shall not take place
till after three months following the completion of the
publication of the application for marriage license. A sworn
statement by the contracting parties to the effect that such
advice has been sought, together with the written advice given,
if any, shall accompany the application for marriage license.
Should the parents or guardian refuse to give any advice, this
fact shall be stated in the sworn declaration. (n)

XXX XXX XXX

CHAPTER 2
MARRIAGES OF EXCEPTIONAL CHARACTER

ART. 72. In case either of the contracting parties is on


the point of death or the female has her habitual residence at a
place more than fifteen kilometers distant from the municipal
building and there is no communication by railroad or by
provincial or local highways between the former and the latter,
the marriage may be solemnized without necessity of a marriage

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license; but in such cases the official, priest, or minister


solemnizing it shall state in an affidavit made before the local
civil registrar or any person authorized by law to administer
oaths that the marriage was performed in articulo mortis or at
a place more than fifteen kilometers distant from the municipal
building concerned, in which latter case he shall give the name
of the barrio where the marriage was solemnized. The person
who solemnized the marriage shall also state, in either case,
that he took the necessary steps to ascertain the ages and
relationship of the contracting parties and that there was in
his opinion no legal impediment to the marriage at the time
that it was solemnized. (20)

XXX XXX XXX

ART. 79. Mixed marriages between a Christian male and


a Mohammedan or pagan female shall be governed by the general
provision of this Title and not by those of the last preceding
article, but mixed marriages between a Mohammedan or pagan
male and a Christian female may be performed under the
provisions of the last preceding article if so desired by the
contracting parties, subject, however, in the latter case to the
provisions of the second paragraph of said article. (26)

CHAPTER 3
VOID AND VOIDABLE MARRIAGES

ART. 80. The following marriages shall be void from the


beginning:

(1) Those contracted under the ages of sixteen and


fourteen years by the male and female respectively, even with
the consent of the parents;

(2) Those solemnized by any person not legally authorized


to perform marriages;

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LEGISLATIVE MEASURES

(3) Those solemnized without a marriage license, save


marriages of exceptional character;

(4) Bigamous or polygamous marriages not falling under


Article 83, Number 2;

(5) Incestuous marriages mentioned in Article 81;

(6) Those where one or both contracting parties have


been found guilty of the killing of the spouse of either of them;

(7) Those between stepbrothers and stepsisters and other


marriages specified in Article 82. (n)

ART. 81. Marriages between the following are incestuous


and void from their performance, whether the relationship
between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree;

(2) Between brothers and sisters, whether of the full or


half blood;

(3) Between collateral relatives by blood within the


fourth civil degree. (28a)

Art. 82. The following marriages shall also be void from


the beginning:

(1) Between stepfathers and stepdaughters, and


stepmothers and stepsons;

(2) Between the adopting father or mother and the


adopted, between the latter and the surviving spouse of the
former, and between the former and the surviving spouse of the
latter;

(3) Between the legitimate children of the adopter and


the adopted.(28a)

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XXX XXX XXX

ART. 84. No marriage license shall be issued to a widow


till after three hundred days following the death of her husband,
unless in the meantime she has given birth to a child. (n)

ART. 85. A marriage may be annulled for any of the


following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have


the marriage annulled was between the ages of sixteen and
twenty years, if male, or between the ages of fourteen and
eighteen years, if female, and the marriage was solemnized
without the consent of the parent, guardian or person having
authority over the party, unless after attaining the ages of twenty
or eighteen years, as the case may be, such party freely cohabited
with the other and both lived together as husband and wife;

(2) In a subsequent marriage under Article 83, Number


2, that the former husband or wife believed to be dead was in
fact living and the marriage with such former husband or wife
was then in force;

(3) That either party was of unsound mind, unless such


party, after coming to reason, freely cohabited with the other as
husband or wife;

(4) That the consent of either party was obtained by fraud,


unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as her
husband or his wife, as the case may be;

(5) That the consent of either party was obtained by force


or intimidation, unless the violence or threat having
disappeared, such party afterwards freely cohabited with the
other as her husband or his wife, as the case may be;

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LEGISLATIVE MEASURES

(6) That either party was, at the time of marriage,


physically incapable of entering into the married state, and such
incapacity continues, and appears to be incurable. (30a)

XXX XXX XXX

ART. 87. The action for annulment of marriage must be


commenced by the parties and within the periods as follows:

(1) For causes mentioned in Number 1 of Article 85, by


the party whose parent or guardian did not give his or her
consent, within four years after attaining the age of twenty or
eighteen years, as the case may be; or by the parent or guardian
or person having legal charge, at any time before such party
has arrived at the age of twenty or eighteen years;

(2) For causes mentioned in Number 2 of Article 85, by


the spouse who has been absent, during his or her lifetime; or
by either spouse of the subsequent marriage during the lifetime
of the other;

XXX XXX XXX

Title IV. – LEGAL SEPARATION

ART. 97. A petition for legal separation may be filed:

(1) For adultery on the part of the wife and for


concubinage on the part of the husband as defined in the
Penal Code; or

(2) An attempt by one spouse against the life of the other.


(n)

XXX XXX XXX

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Title V. – RIGHTS AND OBLIGATIONS


BETWEEN HUSBAND AND WIFE

ART. 109. The husband and wife are obliged to live together,
observe mutual respect and fidelity, and render mutual help
and support. (56a)

ART. 110. The husband shall fix the residence of the


family. But the court may exempt the wife from living with the
husband if he should live abroad unless in the service of the
Republic. (58a)

ART. 111. The husband is responsible for the support of


the wife and the rest of the family. These expenses shall be met
first from the conjugal property, then from the husband’s capital,
and lastly from the wife’s paraphernal property. In case there is
a separation of property, by stipulation in the marriage
settlements, the husband and wife shall contribute
proportionately to the family expenses. (n)

ART. 112. The husband is the administrator of the


conjugal property, unless there is a stipulation in the marriage
settlements conferring the administration upon the wife. She
may also administer the conjugal partnership in other cases
specified in this Code. (n)

ART. 113. The husband must be joined in all suits by or


against the wife, except:

(1) When they are judicially separated;

(2) If they have in fact been separated for at least one


year;

(3) When there is a separation of property agreed upon


in the marriage settlements;

(4) If the administration of all the property in the


marriage has been transferred to her, in accordance with

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LEGISLATIVE MEASURES

Articles 196 and 197;

(5) When the litigation is between the husband and wife;

(6) If the suit concerns her paraphernal property;

(7) When the action is upon the civil liability arising


from a criminal offense;

(8) If the litigation is incidental to the profession,


occupation or business in which she is engaged;

(9) In any civil action referred to in Articles 25 to 35;


and

(10) In an action upon a quasi-delict.

In the cases mentioned in Nos. 7 to 10, the husband must


be joined as a party defendant if the third paragraph of Article
163 is applicable. (n)

ART. 114. The wife cannot, without the husband’s consent


acquire any property by gratuitous title, except from her
ascendants, descendants, parents-in-law, and collateral relatives
within the fourth degree. (n)

ART. 115. The wife manages the affairs of the household.


She may purchase things necessary for the support of the family,
and the conjugal partnership shall be bound thereby. She may
borrow money for this purpose, if the husband fails to deliver
the proper sum. The purchase of jewelry and precious objects is
voidable, unless the transaction has been expressly or tacitly
approved by the husband, or unless the price paid is from her
paraphernal property. (62a)

ART. 116. When one of the spouses neglects his or her


duties to the conjugal union or brings danger, dishonor or

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material injury upon the other, the injured party may apply to
the court for relief.

The court may counsel the offender to comply with his


or her duties, and take such measures as may be proper. (n)

ART. 117. The wife may exercise any profession or


occupation or engage in business. However, the husband may
object, provided:

(1) His income is sufficient for the family, according to


its social standing, and

(2) His opposition is founded on serious and valid


grounds.

In case of disagreement on this question, the parents and


grandparents as well as the family council, if any, shall be
consulted. If no agreement is still arrived at, the court will
decide whatever may be proper and in the best interest of the
family. (n)

Title VI. – PROPERTY RELATIONS


BETWEEN HUSBAND AND WIFE

CHAPTER 1
GENERAL PROVISIONS

ART. 118. The property relations between husband and


wife shall be governed in the following order:

(1) By contract executed before the marriage;

(2) By the provisions of this Code; and

(3) By custom. (1315a)

ART. 119. The future spouses may in the marriage


settlements agree upon absolute or relative community of

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LEGISLATIVE MEASURES

property, or upon complete separation of property, or upon any


other regime. In the absence of marriage settlements, or when
the same are void, the system of relative community or conjugal
partnership of gains as established in this Code, shall govern
the property relations between husband and wife. (n)

XXX XXX XXX

ART. 124. If the marriage is between a citizen of the


Philippines and a foreigner, whether celebrated in the
Philippines or abroad, the following rules shall prevail:

(1) If the husband is a citizen of the Philippines while


the wife is a foreigner, the provisions of this Code shall govern
their relations;

(2) If the husband is a foreigner and the wife is a citizen


of the Philippines, the laws of the husband’s country shall be
followed, without prejudice to the provisions of this Code with
regard to immovable property. (1325a)

XXX XXX XXX

CHAPTER 3
PARAPHERNAL PROPERTY

ART. 135. All property brought by the wife to the


marriage, as well as all property she acquires during the
marriage, in accordance with article 148, is paraphernal. (1381a)

ART. 136. The wife retains the ownership of the


paraphernal property. (1382)

ART. 137. The wife shall have the administration of the


paraphernal property, unless she delivers the same to the
husband by means of a public instrument empowering him to
administer it.

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In this case, the public instrument shall be recorded in


the Registry of Property. As for the movables, the husband shall
give adequate security.(1384a)

XXX XXX XXX

ART. 140. A married woman of age may mortgage,


encumber, alienate or otherwise dispose of her paraphernal
property, without the permission of the husband, and appear
alone in court to litigate with regard to the same. (n)

ART. 141. The alienation of any paraphernal property


administered by the husband gives a right to the wife to require
the constitution of a mortgage or any other security for the
amount of the price which the husband may have received.
(1390a)

CHAPTER 4
CONJUGAL PARTNERSHIP OF GAINS

SECTION 1. – General Provisions

ART. 142. By means of the conjugal partnership of gains


the husband and wife place in a common fund the fruits of their
separate property and the income from their work or industry,
and divide equally, upon the dissolution of the marriage or of
the partnership, the net gains or benefits obtained
indiscriminately by either spouse during the marriage. (1392a)

ART. 143. All property of the conjugal partnership of gains


is owned in common by the husband and wife. (n)

ART. 144. When a man and a woman live together as


husband and wife, but they are not married, or their marriage
is void from the beginning, the property acquired by either or
both of them through their work or industry or their wages and
salaries shall be governed by the rules on co-ownership. (n)

XXX XXX XXX

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LEGISLATIVE MEASURES

SECTION 2. – Exclusive Property of Each Spouse

ART. 148. The following shall be the exclusive property


of each spouse:

(1) That which is brought to the marriage as his or her


own;

(2) That which each acquires, during the marriage, by


lucrative title;

(3) That which is acquired by right of redemption or by


exchange with other property belonging to only one of the
spouses;

(4) That which is purchased with exclusive money of the


wife or of the husband. (1396)

ART. 149. Whoever gives or promises capital to the


husband shall not be subject to warranty against eviction, except
in case of fraud. (1937)

ART. 150. Property donated or left by will to the spouses,


jointly and with designation of determinate shares, shall pertain
to the wife as paraphernal property, and to the husband as
capital, in the proportion specified by the donor or testator, and
in the absence of designation, share and share alike, without
prejudice to what is provided in Article 753. (1398a)

XXX XXX XXX

SECTION 3. – Conjugal Partnership Property

ART. 156. Whenever an amount or credit payable in a


certain number of years belongs to one of the spouses, the sums
which may be collected by installments due during the marriage
shall not pertain to the conjugal partnership, but shall be
considered capital of the husband or of the wife, as the credit
may belong to one or the other spouse. (1402)

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ART. 157. The right to an annuity, whether perpetual or


of life, and the right of usufruct, belonging to one of the spouses
shall form a part of his or her separate property, but the fruits,
pensions and interests due during the marriage shall belong to
the partnership.

The usufruct which the spouses have over the property


of their children, though of another marriage, shall be included
in this provision. (1403a)

ART. 158. Improvements, whether for utility or


adornment, made on the separate property of the spouses
through advancements from the partnership or through the
industry of either the husband or the wife, belong to the conjugal
partnership.

Buildings constructed, at the expense of the partnership,


during the marriage on land belonging to one of the spouses,
also pertain to the partnership, but the value of the land shall
be reimbursed to the spouse who owns the same.(1404a)

ART. 159. Whenever the paraphernal property or the


husband’s capital consists, in whole or in part, of livestock
existing upon the dissolution of the partnership, the number of
animals exceeding that brought to the marriage shall be deemed
to be of the conjugal partnership. (1405a)

ART. 160. All property of the marriage is presumed to


belong to the conjugal partnership, unless it be proved that it
pertains exclusively to the husband or to the wife. (1407)

SECTION 4. – Charges Upon and Obligation of the


Conjugal Partnership

ART. 161. The conjugal partnership shall be liable for:

(1) All debts and obligations contracted by the husband


for the benefit of the conjugal partnership, and those contracted

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LEGISLATIVE MEASURES

by the wife, also for the same purpose, in the cases where she
may legally bind the partnership;

(2) Arrears or income due, during the marriage, from


obligations which constitute a charge upon property of either
spouse or of the partnership;

(3) Minor repairs or for mere preservation made during


the marriage upon the separate property of either the husband
or the wife; major repairs shall not be charged to the
partnership;

(4) Major or minor repairs upon the conjugal partnership


property;

(5) The maintenance of the family and the education of


the children of both husband and wife, and of legitimate children
of one of the spouses;

(6) Expenses to permit the spouses to complete a


professional, vocational or other course. (1408a)

XXX XXX XXX

ART. 163. The payment of debts contracted by the


husband or the wife before the marriage shall not be charged to
the conjugal partnership.

Neither shall the fines and pecuniary indemnities


imposed upon them be charged to the partnership.

However, the payment of debts contracted by the husband


or the wife before the marriage, and that of fines and
indemnities imposed upon them, may be enforced against the
partnership assets after the responsibilities enumerated in
Article 161 have been covered, if the spouse who is bound should
have no exclusive property or if it should be insufficient; but at
the time of the liquidation of the partnership such spouse shall

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be charged for what has been paid for the purpose above-
mentioned. (1410)

XXX XXX XXX

SECTION 5. – Administration of the Conjugal


Partnership

ART. 165. The husband is the administrator of the


conjugal partnership.(1412a)

ART. 166. Unless the wife has been declared a non compos
mentis or a spendthrift, or is under civil interdiction or is
confined in a leprosarium, the husband cannot alienate or
encumber any real property of the conjugal partnership without
the wife’s consent. If she refuses unreasonably to give her
consent, the court may compel her to grant the same.

This article shall not apply to property acquired by the


conjugal partnership before the effective date of this Code.
(1413a)

ART. 167. In case of abuse of powers of administration of


the conjugal partnership property by the husband, the courts,
on petition of the wife, may provide for receivership, or
administration by the wife, or separation of property. (n)

ART. 168. The wife may, by express authority of the


husband embodied in a public instrument, administer the
conjugal partnership property. (n)

ART. 169. The wife may also by express authority of the


husband appearing in a public instrument, administer the
latter’s estate. (n)

ART. 170. The husband or the wife may dispose by will of


his or her half of the conjugal partnership profits. (1414a)

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LEGISLATIVE MEASURES

ART. 171. The husband may dispose of the conjugal


partnership property for the purposes specified in Articles 161
and 162. (1415a)

ART. 172. The wife cannot bind the conjugal partnership


without the husband’s consent except in cases provided by law.
(1416a)

ART. 173. The wife may, during the marriage, and within
ten years from the transaction questioned, ask the courts for
the annulment of any contract of the husband entered into
without her consent, when such consent is required, or any act
or contract of the husband which tends to defraud her or impair
her interest in the conjugal partnership property. Should the
wife fail to exercise this right, she or her heirs, after the
dissolution of the marriage, may demand the value of property
fraudulently alienated by the husband. (n)

ART. 174. With the exception of moderate donations for


charity, neither husband nor wife can donate any property of
the conjugal partnership without the consent of the other. (n)

XXX XXX XXX

SECTION 6. – Dissolution of the Conjugal Partnership

Art. 175. The conjugal partnership of gains terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled;

(4) In case of judicial separation of property under Article


191. (1417a)

Art. 176. In case of legal separation, the guilty spouse


shall forfeit his or her share of the conjugal partnership profits,

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which shall be awarded to the children of both, and the children


of the guilty spouse had by a prior marriage. However, if the
conjugal partnership property came mostly or entirely from the
work or industry, or from the wages and salaries, or from the
fruits of the separate property of the guilty spouse, this forfeiture
shall not apply.

In case there are no children, the innocent spouse shall


be entitled to all the net profits. (n)

Art. 177. In case of annulment of the marriage, the spouse


who acted in bad faith or gave cause for annulment shall forfeit
his or her share of the conjugal partnership profits. The
provision of the preceding article shall govern. (n)

Art. 178. The separation in fact between husband and


wife without judicial approval, shall not affect the conjugal
partnership, except that:

(1) The spouse who leaves the conjugal home or refuses


to live therein, without just cause, shall not have a right to be
supported;

(2) When the consent of one spouse to any transaction


of the other is required by law, judicial authorization shall be
necessary;

(3) If the husband has abandoned the wife without just


cause for at least one year, she may petition the court for a
receivership, or administration by her of the conjugal
partnership property, or separation of property. (n)

XXX XXX XXX

SECTION 7. – Liquidation of the Conjugal Partnership

ART. 186. The mourning apparel of the widow shall be


paid for out of the estate of the deceased husband. (1427a)

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LEGISLATIVE MEASURES

XXX XXX XXX

CHAPTER 5
SEPARATION OF PROPERTY OF THE SPOUSES
AND ADMINISTRATION OF PROPERTY
BY THE WIFE DURING THE MARRIAGE

ART. 190. In the absence of an express declaration in the


marriage settlements, the separation of property between
spouses during the marriage shall not take place save in virtue
of a judicial order. (1432a)

ART. 191. The husband or the wife may ask for the
separation of property, and it shall be decreed when the spouse
of the petitioner has been sentenced to a penalty which carries
with it civil interdiction, or has been declared absent, or when
legal separation has been granted.

In case of abuse of powers of administration of the


conjugal partnership property by the husband, or in case of
abandonment by the husband, separation of property may also
be ordered by the court, according to the provisions of Articles
167 and 178, No. 3.

In all these cases, it is sufficient to present the final


judgment which has been entered against the guilty or absent
spouse. (1433a)

The husband and the wife may agree upon the dissolution
of the conjugal partnership during the marriage, subject to
judicial approval. All the creditors of the husband and of the
wife, as well as of the conjugal partnership shall be notified of
any petition for judicial approval or the voluntary dissolution
of the conjugal partnership, so that any such creditors may
appear at the hearing to safeguard his interests. Upon approval
of the petition for dissolution of the conjugal partnership, the
court shall take such measures as may protect the creditors
and other third persons.

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After dissolution of the conjugal partnership, the


provisions of Articles 214 and 215 shall apply. The provisions of
this Code concerning the effect of partition stated in Articles
498 to 501 shall be applicable. (1433a)

XXX XXX XXX

ART. 195. The separation of property ceases:

(1) Upon reconciliation of the spouses, in case of legal


separation;

(2) When the civil interdiction terminates;

(3) When the absent spouse appears;

(4) When the court, at the instance of the wife, authorizes


the husband to resume the administration of the conjugal
partnership, the court being satisfied that the husband will not
again abuse his powers as an administrator;

(5) When the husband, who has abandoned the wife,


rejoins her.

In the above cases, the property relations between the


spouses shall be governed by the same rules as before the
separation, without prejudice to the acts and contracts legally
executed during the separation.

The spouses shall state, in a public document, all the


property which they return to the marriage and which shall
constitute the separate property of each.

This public document shall be recorded in the Registry


of Property.

In the cases referred to in this article, all the property


brought in shall be deemed to be newly contributed, even though

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LEGISLATIVE MEASURES

all or some may be the same which existed before the liquidation
effected by reason of the separation.(1439a)

ART. 196. With the conjugal partnership subsisting, the


administration of all classes of property in the marriage may be
transferred by the courts to the wife:

(1) When she becomes the guardian of her husband;

(2) When she asks for the declaration of his absence;

(3) In case of civil interdiction of the husband.

The courts may also confer the administration to the wife,


with such limitation as they may deem advisable, if the husband
should become a fugitive from justice or be in hiding as a
defendant in a criminal case, or if, being absolutely unable to
administer, he should have failed to provide for administration.
(1441a)

ART. 197. The wife to whom the administration of all the


property of the marriage is transferred shall have, with respect
to said property, the same powers and responsibility which the
husband has when he is the administrator, but always subject
to the provisions of the last paragraph of the preceding article.
(1442a)

XXX XXX XXX

Title VIII. – PATERNITY AND FILIATION

CHAPTER 1
LEGITIMATE CHILDREN

ART. 255. Children born after one hundred and eighty


days following the celebration of the marriage, and before three
hundred days following its dissolution or the separation of the
spouses shall be presumed to be legitimate.

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Against this presumption no evidence shall be admitted


other than that of the physical impossibility of the husband’s
having access to his wife within the first one hundred and twenty
days of three hundred which preceded the birth of the child.

This physical impossibility may be caused:

(1) By the impotence of the husband;

(2) By the fact that the husband and wife were living
separately, in such a way that access was not possible;

(3) By the serious illness of the husband. (108a)

ART. 256. The child shall be presumed legitimate,


although the mother may have declared against its legitimacy
or may have been sentenced as an adulteress. (109)

ART. 257. Should the wife commit adultery at or about


the time of the conception of the child, but there was no physical
impossibility of access between her and her husband as set forth
in Article 255, the child is prima facie presumed to be
illegitimate if it appears highly improbable, for ethnic reasons,
that the child is that of the husband. For the purposes of this
article, the wife’s adultery need not be proved in a criminal case.
(n)

ART. 258. A child born within one hundred eighty days


following the celebration of the marriage is prima facie
presumed to be legitimate. Such a child is conclusively presumed
to be legitimate in any of these cases:

(1) If the husband, before the marriage, knew of the


pregnancy of the wife;

(2) If he consented, being present, to the putting of his


surname on the record of birth of the child;

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LEGISLATIVE MEASURES

(3) If he expressly or tacitly recognized the child as his


own. (110a)

ART. 259. If the marriage is dissolved by the death of the


husband, and the mother contracted another marriage within
three hundred days following such death, these rules shall
govern:

(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is disputably
presumed to have been conceived during the former marriage,
provided it be born within three hundred days after the death
of the former husband:

(2) A child born after one hundred eighty days following


the celebration of the subsequent marriage is prima facie
presumed to have been conceived during such marriage, even
though it be born within the three hundred days after the death
of the former husband.(n)

ART. 260. If after a judgment annulling a marriage, the


former wife should believe herself to be pregnant by the former
husband, she shall, within thirty days from the time she became
aware of her pregnancy, notify the former husband or his heirs
of that fact. He or his heirs may ask the court to take measures
to prevent a simulation of birth.

The same obligation shall devolve upon a widow who


believes herself to have been left pregnant by the deceased
husband, or upon the wife who believes herself to be pregnant
by her husband from whom she has been legally separated. (n)

ART. 261. There is no presumption of legitimacy or


illegitimacy of a child born after three hundred days following
the dissolution of the marriage or the separation of the spouses.
Whoever alleges the legitimacy or the illegitimacy of such child
must prove his allegation. (n)

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ART. 262. The heirs of the husband may impugn the


legitimacy of the child only in the following cases:

(1) If the husband should die before the expiration of the


period fixed for bringing his action;

(2) If he should die after the filing of the complaint,


without having desisted from the same;

(3) If the child was born after the death of the husband.
(112)

ART. 263. The action to impugn the legitimacy of the child


shall be brought within one year from the recording of the birth
in the Civil Register, if the husband should be in the same place,
or in a proper case, any of his heirs.

If he or his heirs are absent, the period shall be eighteen


months if they should reside in the Philippines; and two years
if abroad. If the birth of the child has been concealed, the term
shall be counted from the discovery of the fraud. (113a)

ART. 264. Legitimate children shall have the right:

(1) To bear the surnames of the father and of the mother;

(2) To receive support from them, from their ascendants


and in a proper case, from their brothers and sisters, in
conformity with Article 291;

(3) To the legitime and other successional rights which


this Code recognizes in their favor. (114)

XXX XXX XXX

CHAPTER 4
ILLEGITIMATE CHILDREN

SECTION 1. – Recognition of Natural Children

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LEGISLATIVE MEASURES

ART. 284. The mother is obliged to recognize her natural


child:

(1) In any of the cases referred to in the preceding article,


as between the child and the mother;

(2) When the birth and the identity of the child are clearly
proved.(136a)

ART. 285. The action for the recognition of natural


children may be brought only during the lifetime of the presumed
parents, except in the following cases:

(1) If the father or mother died during the minority of


the child, in which case the latter may file the action before the
expiration of four years from the attainment of his majority;

(2) If after the death of the father or of the mother a


document should appear of which nothing had been heard and
in which either or both parents recognize the child.

In this case, the action must be commenced within four years


from the finding of the document. (137a)

XXX XXX XXX

SECTION 2. – Other Illegitimate Children

ART. 288. Minor children mentioned in the preceding


article are under the parental authority of the mother. (n)

XXX XXX XXX

CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
ON THE PROPERTY OF THE CHILDREN

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CHAPTER 4
EXTINGUISHMENT OF PARENTAL AUTHORITY

ART. 327. Parental authority terminates:

(1) Upon the death of the parents or of the child;

(2) Upon emancipation;

(3) Upon adoption of the child;

(4) Upon the appointment of a general guardian. (167a)

ART. 328. The mother who contracts a subsequent


marriage loses the parental authority over her children, unless
the deceased husband, father of the latter, has expressly
provided in his will that his widow might marry again, and has
ordered that in such case she should keep and exercise parental
authority over their children.

The court may also appoint a guardian of the child’s


property in case the father should contract a subsequent
marriage. (168a)

ART. 329. When the mother of an illegitimate child


marries a man other than its father, the court may appoint a
guardian for the child. (n)

ART. 330. The father and in a proper case the mother,


shall lose authority over their children:

(1) When by final judgment in a criminal case the penalty


of deprivation of said authority is imposed upon him or her;

(2) When by a final judgment in legal separation


proceedings such loss of authority is declared. (169a)

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LEGISLATIVE MEASURES

ART. 331. Parental authority is suspended by the


incapacity or absence of the father, or in a proper case of the
mother, judicially declared, and also by civil interdiction. (170)

ART. 332. The courts may deprive the parents of their


authority or suspend the exercise of the same if they should
treat their children with excessive harshness or should give
them corrupting orders, counsels, or examples, or should make
them beg or abandon them. In these cases, the courts may also
deprive the parents in whole or in part, of the usufruct over the
child’s property, or adopt such measures as they may deem
advisable in the interest of the child. (171a)

ART. 333. If the widowed mother who has contracted a


subsequent marriage should again become a widow, she shall
recover from this moment her parental authority over all her
unemancipated children. (172)

XXX XXX XXX

ART. 363. In all questions on the care, custody, education


and property of children the latter’s welfare shall be paramount.
No mother shall be separated from her child under seven years
of age, unless the court finds compelling reasons for such
measure.

Title XIII. – USE OF SURNAMES (n)

ART. 368. Illegitimate children referred to in Article 287


shall bear the surname of the mother.

ART. 369. Children conceived before the decree annulling


a voidable marriage shall principally use the surname of the
father.

ART. 370. A married woman may use:

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(1) Her maiden first name and surname and add her
husband’s surname, or

(2) Her maiden first name and her husband’s surname


or

(3) Her husband’s full name, but prefixing a word


indicating that she is his wife, such as “Mrs.”

ART. 371. In case of annulment of marriage, and the wife


is the guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to
continue employing her former husband’s surname, unless:

(1) The court decrees otherwise, or

(2) She or the former husband is married again to another


person.

ART. 372. When legal separation has been granted, the


wife shall continue using her name and surname employed
before the legal separation.

ART. 373. A widow may use the deceased husband’s


surname as though he were still living, in accordance with
Article 370.

XXX XXX XXX

CHAPTER 2
AGE OF MAJORITY

Art. 402. Majority commences upon the attainment of the


age of twenty-one years.

The person who has reached majority is qualified for all


acts of civil life, save the exceptions established by this Code in
special cases. (320a)

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LEGISLATIVE MEASURES

Art. 403. Notwithstanding the provisions of the preceding


article, a daughter above twenty-one but below twenty-three
years of age cannot leave the parental home without the consent
of the father or mother in whose company she lives, except to
become a wife, or when she exercises a profession or calling, or
when the father or mother has contracted a subsequent
marriage.(321a)

XXX XXX XXX

Approved, June 18, 1949.

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REPUBLIC ACT NO. 679

AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN


AND CHILDREN, TO PROVIDE PENALTIES FOR
VIOLATION HEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Employment of children below fourteen


years of age. - (a) Children below fourteen years of age may only
be employed to perform light work –

XXX XXX XXX

SEC. 7. Employment of women. – (a) No women shall be


employed in any shop factory, commercial or industrial
establishment or other place of labor –

(1) to perform work which requires the employee to work


always standing or which involves the lifting of heavy objects;
or

(2) to work between ten o’clock at night and six o’clock in


the morning of the following day.

An employer may be exempted from the requirement of


paragraph (2) of subsection (a) of this section

(1) in case of force majeure causing an interruption in –


the work which was not foreseen and which is not of a recurring
character; or

(2) by the Secretary of Labor, if he finds, after proper


investigation, that the work has to do with raw materials or
materials in the course of treatment which are subject to rapid
deterioration and night work is necessary to preserve such
materials from loss.

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LEGISLATIVE MEASURES

(b) In any shop, factory, commercial, industrial, or


agricultural establishment or other place of labor where men
and women are employed, the employer shall not discriminate
against any woman in respect to terms and conditions of
employment on account of her sex, and shall pay equal
remuneration for work of equal value for both men and women
employees.

SEC. 8. Maternity protection. – (a) In any shop, factory,


commercial, industrial, or agricultural establishment or other
place of labor, the employer shall grant to any woman employed
by him who may be pregnant vacation with pay for six weeks
prior to the expected date of delivery and for another eight
weeks after normal delivery or miscarriage at the rate of not
less than sixty per cent of her regular or average weekly wages.
The employer shall have the right to require any woman applying
for vacation leave with pay under this section to produce a
medical certificate stating that delivery will probably take place
within six weeks. The vacation shall be extended without pay
on account of illness medically certified to arise out of the
pregnancy or delivery or miscarriage rendering the woman unfit
for work. Prolonged absence on account of illness incident to
pregnancy or delivery or miscarriage shall not be a valid ground
for discharge.

(b) It shall be the duty of any employer to allow any


woman employed by him who is nursing a child at least one-
half hour twice a day during her working hours to nurse her
child.

(c) It shall be the duty of every employer having at least


fifteen married women in his employ to establish an adequate
nursery near the place of work where they may leave their
children, said nursery to be under the supervision of either a
registered or a qualified midwife.

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SEC. 9. Facilities for women and children. – (a) It shall


be the duty of every employer –

(1) to provide seats proper for women and children and


permit them to use such seats when they are free from work
and during working hours, provided they can perform their
duties in this position without detriment to efficiency; and

(2) to establish separate and suitable toilet rooms and


lavatories for men and women and provide at least a dressing
room for women and children.

The Secretary of Labor may exempt from the requirement


of paragraph (2) of this subsection small shops which, on account
of their small capital, cannot comply therewith.

(b) It shall be the duty of every employer to allow his


employees not less than sixty minutes for their noon meals.

SEC. 10. Special work permits; rules and regulations. –


(a) The Secretary of Labor or his duly authorized representative
shall have the power to grant a special permit for the
employment of any child whose employment is otherwise
prohibited in this Act, whenever in his judgment the economic
necessity of the family to which such child belongs requires his
assistance for increasing the family income. Such permit shall
be issued under such conditions as will not prejudice the
compulsory school attendance of any child under the rules and
regulations prescribed by the Secretary of Education under
section 1 of this Act and as may be necessary for the protection
of such child.

(b) The Secretary of Labor shall have power, after


consultation with representatives of employers and employees
or organizations thereof, to make, amend, or rescind such rules
and regulations as may be necessary to carry out the purposes
of this Act. Such rules and regulations, without limiting the

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LEGISLATIVE MEASURES

generality of the foregoing, may define terms used in this Act


and may include terms and conditions to prevent the
circumvention or evasion of the provisions of this Act. Such rules
and regulations shall take effect thirty days after publication
in newspapers of general circulation and by such other means
as the Secretary of Labor deems reasonably calculated to give
the public general notice of its issuance.

SEC. 11. Enforcement of Act. – (a) The Director of Labor


shall enforce this Act and the rules and regulations promulgated
by the Secretary of Labor hereunder.

(b) Every employer employing women and children shall


keep a printed abstract of this Act conspicuously posted in or
about the premises wherein they are employed. Every employer
shall keep a list of the women and children employed by him
and shall furnish the Director of Labor with copy of such list
and shall also keep on file the birth certificates, educational
certificates, medical certificates and special work permits
pertaining to such children.

(c) The Director of Labor or his authorized representative


shall have the power to enter any place of employment, during
office hours where women and children are employed, to require
the production of such list, birth certificates, educational
certificates, medical certificates, special work permits and other
pertinent books and records, to question and employee therein
and make such investigation of any fact, matter or condition as
may be necessary to apprehend violations of this Act or as will
aid in the proper enforcement of this Act.

SEC. 12. Violations and penalties. – (a) It shall be unlawful


for employer to discharge any woman employed by him who
may be pregnant for the purpose of preventing such woman from
enjoying the benefits of section 7 of this Act or to discharge such
woman while on leave on account of her pregnancy of
confinement.

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(b) It shall be unlawful for any employer to discharge


any woman or child employed by him for having filed a complaint
under this Act or to discharge such woman and child or other
employee who has given testimony or is about to give testimony
under this Act.

(c) Any violation of any provision of this Act shall be


punished by a fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for not less than
thirty days nor more than one year, or by both such fine and
imprisonment, in the discretion of the court.

If the violation is committed by a firm, association or


corporation, the manager or in his default, the person acting as
such, shall be liable.

SEC. 13. Separability. - If any provision of this Act or the


application thereof to any person circumstance shall be held
invalid, the remainder of the Act or the application of such
provision to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby.

SEC. 14. Repeal of prior inconsistent laws. – Act


Numbered Thirty hundred and seventy-one, entitled “An Act to
regulate the employment of women and children in shops,
factories, industrial, agricultural and mercantile
establishments, and other places of labor in the Philippine
Islands; to provide penalties for violations hereof, and for other
purposes,” and such other acts as are inconsistent herewith,
are hereby repealed.

SEC. 15. Effectivity. – This Act shall take effect on its


approval.

Approved, April 15, 1952.

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REPUBLIC ACT NO. 856

AN ACT TO AMEND CERTAIN PROVISIONS OF THE


PRIVATE EMPLOYMENT AGENCY LAW IN ORDER
TO GIVE ADDED PROTECTION TO APPLICANTS
FOR EMPLOYMENT

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section numbered eleven of Act Numbered


Three thousand nine hundred fifty-seven, whose short title is
the Private Employment Agency Law, is hereby amended to read
as follows:

“SEC. 11. In order that any contract between the


agent or recruiter and the applicant for employment,
work or a position may be valid, it shall be written in a
language or dialect known to the latter and shall be
executed before the public defender, or the clerk of Court
of First Instance, or justice of the peace who shall not
charge any fee for his services or for preparing the
contract. It shall be the duty of the public defender, or
the clerk of court or the justice of the peace to carefully
explain to the contracting parties the scope and effects
of the contract, to satisfy himself regarding the
correctness of any debt or obligation set forth in such
contract, including the fees of the agent or recruiter, and
to sign the contract, certifying in the acknowledgment
clause thereof that the provisions of this section have
been complied with. When it is specifically provided in
the contract that applicant for employment shall be
employed outside the province where he or she resides,
it shall be further the duty of the public defender, or the
clerk of court, or the justice of the peace to observe the
following requirements: (1) to require the production of
the birth certificate of the applicant, or, in the event of

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the destruction of the records thereof, an affidavit of the


father or mother, or in their default, the guardian or
person in charge of the applicant, the same to be sworn
to before the justice of the peace of the birthplace of the
applicant certifying the latter’s age except when it
appears evident from the physical appearance of the
applicant that he or she is already of age, (2) if the
applicant be a minor, no contract shall be executed
without the written consent of the applicant’s father or
mother, or in their default, the guardian or person in
charge who shall appear before the public defender, or
the clerk of court or the justice of the peace to express
their consent, and (3) if the applicant be a female person
below fourteen years of age, no contract shall be executed.
Any failure to comply with these obligations shall render
the public defender, or the clerk of court, or the justice
of the peace liable to the penalties imposed in section
numbered twenty-one of this Act.”

SEC. 2. Paragraph (e) of section numbered twenty of


the said Act is hereby amended to read as follows:

“SEC. 20. It shall be unlawful for any licensee:

XXX XXX XXX

“(e) To recruit for employment, offer


employment to, enter into any contract to secure
employment for, or assist in the admission as employee,
servant or laborer of, any female person below fourteen
years of age in any case, or any minor without the written
consent of the minor’s father or mother, in their default,
the guardian or person in charge.”

SEC. 3. Section numbered twenty-one of the said Act is


hereby amended to read as follows:

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“SEC. 21. Any violation of the provisions of this


Act shall be punished by a fine of not less than one
hundred pesos nor more than five hundred pesos and by
imprisonment for not less than one month nor more than
six months, or both, in the discretion of the court:
Provided, That in the case of the violation of subsections
(e) and (f) of the next preceding section, the penalty shall
be imprisonment for not less than six months nor more
than six years: Provided, further, That the court may in
its discretion impose the additional penalty of removal
from office, if the violator is the public defender, or the
clerk of court, or the justice of the peace or of permanent
disqualification from obtaining any license, if the violator
is an agent or recruiter.”

SEC.4. This Act shall take effect upon its approval.

Approved, June 16, 1953.

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REPUBLIC ACT NO. 988

AN ACT GRANTING A LIFE PENSION TO THE WIDOW OF


THE LATE COMMISSIONER PEDRO GUEVARA IN
CONSIDERATION OF HIS MANY YEARS OF
OUTSTANDING AND HIGHLY MERITORIOUS
PUBLIC SERVICE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. In consideration of the many years of


outstanding and highly meritorious public service rendered in
various capacities by the late Commissioner Pedro Guevara, a
life pension in the amount of two thousand four hundred pesos
annually, payable in twelve equal installments, is hereby
granted to his widow. Such gratuity shall not be subject to
attachment or levy and shall be exempt from any tax.

SEC. 2. The sum of two thousand four hundred pesos


is hereby authorized to be appropriated, out of any funds in the
National Treasury not otherwise appropriated, for the payment
of the pension herein authorized for the fiscal year 1954-1955.
Thereafter the necessary amount therefor shall be included in
the animal General Appropriations Act.

SEC. 3. This Act shall take effect upon its approval.

Approved, June 2, 1954.

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REPUBLIC ACT NO. 1070

AN ACT AUTHORIZING THE PRESIDENT TO ISSUE


APPROPRIATE CERTIFICATES OF RECOGNITION
TO WIDOWS, PARENTS AND NEXT OF KIN OF
MEMBERS OF THE ARMED FORCES OF THE
PHILIPPINES WHO LOST OR SHALL LOSE THEIR
LIVES IN LINE OF DUTY

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The President is hereby authorized to issue


an appropriate certificate or token acknowledging the debt of
the Filipino people to widows, parents and next of kin of
members of the Armed Forces of the Philippines who have lost
or shall lose their lives in line of duty during World War II, or
during any war or period of armed conflict involving the security
of the Philippines.

SEC. 2. Such certificates of appreciation shall be issued


to such widows, parents and next of kin upon application to the
Chief of Staff of the Armed Forces of the Philippines. As used in
this Act:

a. The term “widow” shall include widower.

b. The term “parents” shall include mother, father, step-


mother, step-father, mother or father through adoption, and
foster parents who stood in loco parentis.

c. The term “next of kin” shall include children step-


children, children through adoption, brothers, sisters, half-
brothers and half-sisters.

d. The term “World War II” shall include the period


extending from December eight, nineteen hundred and forty-
one to July twenty-fifth, nineteen hundred and forty-seven.

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SEC. 3. This Act shall take effect upon its approval.

Approved, June 12, 1954.

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REPUBLIC ACT NO. 1131


1131
AN ACT TO AMEND SECTIONS THREE, SEVEN AND
TWELVE OF REPUBLIC ACT NUMBERED SIX
HUNDRED SEVENTY-NINE, ENTITLED “AN ACT TO
REGULATE THE EMPLOYMENT OF WOMEN AND
CHILDREN, TO PROVIDE PENALTIES FOR
VIOLATION HEREOF, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section three, seven and twelve of Republic


Act Numbered Six hundred seventy-nine are amended to read
as follows:

XXX XXX XXX

“SEC. 7. Employment of women. – (a) No woman,


regardless of age, shall be employed in any shop, factory,
commercial or industrial establishment or other place of labor
to perform work which requires the employee to work always
standing or which involves the lifting of heavy objects.

“(b) No woman, regardless of age, shall be employed or


permitted or suffered to work, with or without compensation,
in any industrial undertaking or branch thereof between ten
o’clock at night and six o’clock in the morning of the following
day, except those who are immediate members of the family
operating or owning the same. An employer may be exempted
from the requirement of this subsection –

“(1) in case of force majeure causing an interruption in


the work which was not foreseen and which is not of a securing
character;

“(2) by the secretary of Labor, if he finds, after the proper


investigation, that the work has to do with raw materials or

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materials in the course of treatment and which are subject to


rapid deteriorations and night work is necessary to preserve
such materials from loss; and

“(3) by the President of the Philippines, with or without


the recommendation of the Secretary of Labor, in case of
emergency where the national interests demand the suspension
of the night work prohibition for women in a particular industry
or industries.

“(c) No woman, regardless of age, shall be employed or


permitted or suffered to work, with or without compensation,
in any commercial or non-industrial and undertaking or branch
thereof, other than agricultural, between twelve o’clock midnight
and seven o’clock in the morning of the following day, except
those who are immediate members of the family owning or
operating the same.

“(d) No woman, regardless of age, shall be employed or


permitted or suffered to work in any agricultural undertaking
at night time without giving her a period of rest of not less than
nine consecutive hours.

“The prohibition against night work for women provided


for in subsections (b), (c) and (d) hereof shall not apply to —

“(1) women holding responsible positions of a managerial


or technical character; and

“(2) women employed in health and welfare services.

“(c) In any shop, factory, commercial, industrial, non-


industrial, or agricultural establishment or other place of labor
where mean and women are employed, the employer shall not
discriminate against any woman in respect to terms and
conditions of employment on account of her sex, and shall pay
equal remunerations for work of equal value for both men and
women employees.

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“SEC. 12. Violation and penalties. – (a) It shall be unlawful


for any employer: (1) to discharge any woman employed by him
for the purpose of preventing such woman from enjoying the
benefits of sections seven or eight of this Act; (2) to discharge
such woman on account of her pregnancy, or while on leave or
in confinement due to her pregnancy, or (3) to discharge or refuse
the admission of such woman upon returning to her work for
fear that she may again the pregnant.

“(b) It shall be unlawful for any employer to discharge


any women or child employed by him for having filed a complaint
under this Act or to discharge such woman or child or any other
employee who has given testimony or is about to give testimony
under this Act.

“(c) It shall be unlawful for any employer to discharge


any women or child employed by him for any other cause which
is not attributable to the fault of such employee or worker.

“(d) Any violation of any provisions of this Act shall be


punished by a fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for not less than
thirty days nor more than one year, or by both such fine and
imprisonment, in the discretion of the Court.

“If the violation is committed by a firm, association or


corporation, the manager or, in his default, the person acting as
such, shall be liable.”

SEC. 2. This Act shall take effect upon its approval.

Approved, June 16, 1954.

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REPUBLIC ACT NO. 1883

AN ACT APPROPRIATING FUNDS AS COMPENSATION TO


THE WIDOWS AND/OR LEGITIMATE CHILDREN OF
GOVERNMENT OFFICERS AND EMPLOYEES IN THE
EXECUTIVE DEPARTMENT WHO DIED IN THEIR
CRASHES IN THE PROVINCE OF CEBU AND AT
ILIGAN BAY

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The widows and/or legitimate children of


every officer or employee of the Government in the Executive
Department who died as a result of their crash in the Province
of Cebu on March seventeen, nineteen hundred and fifty-seven,
and their crash at Iligan Bay on October three, nineteen hundred
and fifty-six, shall be granted compensation equivalent to the
salary for two years of their deceased husbands and/or legitimate
fathers, the same not to be subject to attachment, levy, execution
or any tax whatsoever.

SEC. 2. Such sum as may be necessary to carry out the


purposes of this Act is appropriated out of any funds in the
National Treasury not otherwise appropriated.

SEC. 3. This Act shall take effect upon its approval.

Approved, June 22, 1957.

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REPUBLIC ACT NO. 3835

AN ACT TO ESTABLISH THE WOMEN’S AUXILIARY CORPS


IN THE ARMED FORCES OF THE PHILIPPINES, TO
PROVIDE THE PROCUREMENT OF ITS OFFICERS
AND ENLISTED PERSONNEL, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled.

SECTION 1. There is established in the Armed Forces


of the Philippines a Women’s Auxiliary Corps which shall
perform administrative duties and such other functions and
services as may be prescribed by the Secretary of National
Defense. It shall be composed of officers and enlisted women
the full complement of which shall not exceed one per cent of
the total manpower strength of the Armed Forces of the
Philippines: Provided, That the ratio of officers to enlisted
women shall be one officer for every twenty enlisted women.

SEC. 2. Officers of the Women’s Auxiliary Corps shall


be commissioned in the Reserve Force by the President of the
Philippines upon recommendation of the Secretary of National
Defense from unmarried female native-born citizens of the
Philippines between the ages of twenty-one and twenty-six years
who are holders of Bachelor’s degrees from any school, college
or university recognized by the Government and are possessed
by the such additional qualifications as may be prescribed by
the Secretary of National Defense: Provided, however, That all
initial commissions shall be in the rank of second lieutenant
except that within a period of two years from the approval of
this Act, and under such rules and regulations as the President
of the Philippines may prescribe, the President is hereby
authorized to commission officers in the Women’s Auxiliary Corps
in rank above second lieutenant but not higher than captain.

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SEC. 3. Any unmarried and without dependent female


citizen of the Philippines, between the ages of eighteen and
twenty-five years, able-bodied, free from disease, of good moral
character and habits and who is a high school graduate may be
enlisted in the Women’s Auxiliary Corps for a term of three years;
Provided, That insofar as practicable, enlistments shall be
apportioned among the various provinces of the Philippines;
Provided, further, That those who are high school
undergraduates who possess working knowledge of typewriting
and stenography or such other special skills necessary in the
performance of administrative duties and other functions and
services as determined by the Secretary of National Defense
may be enlisted in the Women’ Auxiliary Corps.

SEC. 4. The names of all commissioned officers of the


Women’s Auxiliary Corps shall be contained in a separate
promotion list which shall be known as the Women’s Auxiliary
Corps Promotion List, separate and distinct from those of the
major services of the Armed Forces of the Philippines. They
shall be promoted in the same manner as officers of the Nurse
Corps : Provided, however, That no officer of the Women’s
Auxiliary Corps shall be promoted to a rank higher than that of
a major. Enlisted women of the Women’s Auxiliary Corps shall
likewise be promoted in the same manner as enlisted women of
the Nurse Corps.

SEC. 5. Except as otherwise specifically provided, all


laws and rules and regulations now or hereafter applicable to
male commissioned officers and enlisted men, shall be applicable
respectively to commissioned officers and enlisted women of
the Women’s Auxiliary Corps : Provided, That upon contracting
marriage, they shall be automatically separated or discharged
from the service: Provided, further, That of they become pregnant
out of wedlock they shall be discharged for cause.

SEC. 6. Nothing in this Act shall be construed to mean


the displacement or separation from the service of those female

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civilian employees under the employ of the Armed Forces of


the Philippines before the approval of this Act: Provided, That
in the commission and enlistment herein provided, these female
employee shall be given preference in the commission and/or
enlistment, subject to the same conditions, limitations and
qualifications hereinabove provided.

SEC. 7. The amount of one million five hundred


thousand pesos is hereby appropriated, out of any funds in the
National Treasury not otherwise appropriated, for the initial
implementation of this Act, and such amounts as shall thereafter
be needed shall be included in the annual appropriations of the
Armed Forces of the Philippines.

SEC. 8. This Act shall take effect upon its approval.

Approved, June 22, 1963.

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REPUBLIC ACT NO. 4909

AN ACT EXEMPTING FROM INCOME TAX THE TEN


THOUSAND DOLLARS PRIZE OF MISS GEMMA CRUZ
AS MISS INTERNATIONAL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The ten thousand dollars prize of Miss


Gemma Cruz as Miss International, donated by her to Boys Town,
shall not be included in gross income and shall be exempt from
tax, any provision of the National Internal Revenue Code to the
contrary notwithstanding.

SEC. 2. This Act shall take effect upon its approval.

Approved, June 17, 1967.

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REPUBLIC ACT NO. 5011


5011
AN ACT GRANTING MRS. NATALIA AMPARADO A
FRANCHISE TO INSTALL, MAINTAIN AND OPERATE
AN ELECTRIC LIGHT, HEAT AND POWER SYSTEM
IN THE MUNICIPALITY OF ALIMODIAN, PROVINCE
OF ILOILO

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the terms and conditions


established in, Act Numbered Thirty-six hundred and thirty-
six, as amended by Commonwealth Act Numbered One hundred
and thirty-two, and to the provisions of the Constitution, there
is hereby granted to Mrs. Natalia Amparado for a period of
twenty-five years from the approval of this Act, the right,
privilege and authority to install, maintain and operate an
electric light, heat and power system for the purpose of
generating and distributing electric light, heat and/or power
for sale within the Municipality of Alimodian, Province of Iloilo.

SEC. 2. In the event that the grantee shall purchase and


secure electric heat and power from the National Power
Corporation, the latter is hereby authorized to negotiate and
transact for the benefit and in behalf of the public consumers
with reference to rates.

SEC. 3. This Act shall take effect upon its approval.

Approved, June 17, 1967.

** Lapsed into law without the President’s signature, pursuant to Article VI


Section 27 of the Constitution.

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REPUBLIC ACT NO. 5238

AN ACT PROVIDING FOR THE ESTABLISHMENT OF A


MATERNITY AND CHILDREN’S HOSPITAL IN THE
MUNICIPALITY OF MARCOS, PROVINCE OF ILOCOS
NORTE, TO BE KNOWN AS MARCOS MATERNITY
AND CHILDREN’S HOSPITAL, AND AUTHORIZING
THE APPROPRIATION OF FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION1. There shall be established under the direct


supervision of the Director of Medical Services, a maternity and
children’s hospital in the Municipality of Marcos, Province of
Ilocos Norte, to be known as Marcos Maternity and Children’s
Hospital.

SEC.2. The sum of one hundred thousand pesos is hereby


authorized to be appropriated, out of any funds in the National
Treasury not otherwise appropriated, for the establishment,
operation and maintenance of said hospital during the’ fiscal
year nineteen hundred and sixty-seven. Thereafter, such sum
as may be needed for its operation and maintenance shall be
included in the annual General

SEC. 3. This Act shall take effect upon its approval.

Approved, June 15, 1968.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5273

AN ACT GRANTING FELICIANA E. ALVAREZ A FRANCHISE


TO CONSTRUCT, MAINTAIN AND OPERATE AN ICE
PLANT AND COLDSTORAGES, AND TO DISTRIBUTE
AND SELL ICE SO MANUFACTURED AND FURNISH
COLD STORAGE SERVICE IN THE CITY OF QUEZON

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the conditions imposed by this


Act, there is granted to Feliciana E. Alvarez, her successors or
assigns, for a period of twenty-five years after the approval of
this Act, the right, privilege and authority to construct, maintain
and operate an ice plant and cold storages in the City of Quezon
for the purpose of manufacturing ice and furnishing cold storage,
and to sell and distribute the ice so manufactured and render
cold storage service and facilities in the said city, and to collect
a schedule of rates, prices and charges for the ice so
manufactured,

distributed and sold, and for the cold storage furnished which
schedule of rates, prices and charges shall at all times be subject
to regulation by the Public Service Commission.

SEC. 2. All the machinery, equipment and appurtenances


to be used by the grantee shall be modern, safe and first class in
every respect.

SEC. 3. If the grantee shall not commence the


manufacture of ice within two years from the approval of this
Act, unless prevented by an act of God, or by force majeure,
martial law, riot, civil commotion, usurpation by a military
power or any other cause beyond the grantee’s control, this
franchise shall become null and void.

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SEC. 4. This franchise is granted subject to the provisions


of Commonwealth Act Numbered One hundred forty six, as
amended, only with respect to the fixing of rates, and with the
understanding and upon the. condition that it shall be subject
to amendment, alteration and/or repeal by the Congress of the
Philippines when public interest so requires.

SEC. 5. In the event of any competing individual,


association of persons, or corporation receiving from the

Congress of the Philippines a similar franchise in which there


shall be any term or terms more favorable than those herein
granted or tending to place the herein grantee at any
disadvantage, then such term or terms shall ipso facto become
a part of the terms hereof and shall operate equally in favor of
the grantee as in the case of said competing individual,
association of persons or corporation.

SEC. 6. This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5305

AN ACT GRANTING EMELIA MACALINO A FRANCHISE TO


CONSTRUCT, MAINTAIN AND OPERATE AN ICE
PLANT AND COLD STORAGE IN THE CITY OF
ILOILO

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the terms and conditions


established in this Act and in Commonwealth Act Numbered
One Hundred forty-six, as amended, and to the provisions of
the Constitution, there is granted to Emelia Macalino, for a
period of twenty five years from the approval of this Act, the
right, privilege and authority to construct, maintain and operate
an ice plant and cold storage, in the City of Iloilo for the purpose
of manufacturing ice for distribution and sale for supplying cold
storage in the City of Iloilo and surrounding municipalities of
Panay and to charge and collect a schedule of prices and rates
therefore which schedule shall at all times be subject to
regulation by the Public Service Commission or its legal
successor.

SEC. 2. The grantee shall manufacture and supply ice


up to the limit of the capacity of her plant, said limit to be
determined by the Public Service Commission, and sell the same
at rates to be determined by the said Commission.

SEC. 3. All the apparatus and appurtenances to be used


by the grantee shall be modern, safe and first class in every
respect, and the grantee shall, whenever the Public Service
Commission shall determined that public interest reasonably
requires it, change or alter any of her apparatus and
appurtenances at grantee’s expense.

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SEC. 4. If the grantee shall not commence the


construction of the ice plant and cold storage within one year
from the approval of this Act, unless prevented by an Act of God
or force majeure, martial law, rot, civil commotion, usurpation
by a military power or by any other cause beyond the grantee’s
control, this franchise shall become null and void.

SEC. 5. This franchise is granted with the understanding


and upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines when
the public interest so requires.

SEC. 6. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
quarterly reports in duplicate showing the gross receipts for
the quarter.

SEC. 7. In the event of any competing person, natural or


juridical, receiving from the Congress of the Philippines a
similar franchise in which there shall be any term or tending to
place the herein grantee at any disadvantage, then such term
or terms shall ipso facto become a part of the terms hereof and
shall operate equally in favor of the grantee as in the case of
such competing person.

SEC. 8. This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5384

AN ACT GRANTING SYLVIA G. GUMABAO FRANCHISE TO


CONSTRUCT, MAINTAIN, AND OPERATE AN ICE
PLANT AND COLD STORAGE IN THE
MUNICIPALITIES OF SANTIAGO AND ECHAGUE,
PROVINCE OF ISABELA, AND TO SELL AND
DISTRIBUTE ICE SO MANUFACTURED AND
FURNISH COLD STORAGE THEREIN AND IN THE
MUNICIPALITIES OF ALICIA, ANGADANAN,
CAUAYAN, CABATUAN, SAN MATEO, RAMON,
CORDON, JONES, SAN AGUSTIN, SAN GUILLERMO
AND SAN ISIDRO, ALL IN THE PROVINCE OF
ISABELA

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the conditions established in this


Act, and the provisions of Commonwealth Act Numbered One
hundred and forty-six, as amended, and of the Constitution,
applicable thereto, there is hereby granted to Sylvia G. Gumabao,
hereinafter called the grantee, her successors or assigns, for a
period of twenty-five years from the approval of this Act, the
right and privilege to construct, operate and maintain a fifty-
ton ice plant and cold storage in the municipalities of Santiago
and Echague, Province of lsabela, for the purpose of
manufacturing and distributing ice within said municipalities
and to sell the ice manufactured in and .in the municipalities of
Alicia, Angadanan, Cauayan, Cabatuan, San Mateo, Ramon,
Cordon, Jones, San Agustin, San Guillermo and San Isidro, all
in the Province of Isabela, and to render cold storage service
and facilities in the same municipalities and to charge and collect
a schedule of rates and prices for the ice so manufactured,
distributed and sold, which schedule of rates and prices shall
at all times be subject to regulations by the Public Service
Commission.

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SEC. 2. This franchise is granted subject to the provisions


of Commonwealth Act Numbered One hundred forty-six as
amended, only with respect to fixing rates and with the
understanding and upon the condition that it shall be subject to
amendment, alteration or repeal by the Congress of the
Philippines when public interest so requires.

SEC. 3. All the apparatus and appurtenances to be used


by the grantee shall be modern, safe and first class in every
respect, and the grantee shall change or alter any of said
apparatus and appurtenances at her expense whenever the
Public Service Commission shall determine that public interest
reasonably requires it.

SEC. 4. If the grantee shall not commence the


construction of the ice plant and cold storage within one year
from the approval of this Act, unless prevented by an Act of God
or force majeure, martial law, riot, civil commotion, usurpation
by a military power or by any other cause beyond the grantee’s
control, this franchise shall become null and void.

SEC. 5. This franchise is granted with the understanding


and upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines when
the public interest so requires.

SEC. 6. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
quarterly reports in duplicate showing the gross receipts for
the quarter.

SEC. 7. In the event of any competing person, natural or


juridical, receiving from the Congress of the Philippines a
similar franchise in which there shall be any term or tending to
place the herein grantee at any disadvantage, then such term
or terms shall ipso facto become a part of the terms hereof and

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LEGISLATIVE MEASURES

shall operate equally in favor of the grantee as in the case of


such competing person.

SEC. 8. This Act shall take effect upon its approval.

Approved,

** Lapsed into without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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REPUBLIC ACT NO. 5419

AN ACT GRANTING LOURDES BENGZON A FRANCHISE TO


CONSTRUCT, OPERATE AND MAINTAIN AN ICE
PLANT AND COLD STORGE IN THE MUNICIPALITY
OF BUGALLON, PROVINCE OF PANGASINAN, AND
TO SELL AND DISTRIBUTE ICE AND SUPPLY COLD
STORAGE IN THE MUNICIPALITIES OF LINGAYEN,
BUGALLON, MANGATAREM, AGUILAR, BINMALEY
AND URBlZTONDO, ALL IN THE SAME PROVINCE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the terms and conditions


established in this Act and in Commonwealth Act Numbered
One hundred forty-six, as amended, and to the provisions of
the Constitution, there is hereby granted to Lourdes E. Bengzon,
hereinafter referred to as the grantee, for a period of. Twenty-
five years from the approval of this Act, a franchise to construct,
operate and maintain an ice plant and cold storage in the
Municipality of Bugallon, Province of Parigasinan, for the
purpose of manufacturing ice for distribution and sale, and for
supplying cold storage in the Municipalities of Lingayen,
Bugallon, Mangatarem, Aguilar, Binmaley and Urbiztondo, and.
to charge and collect a schedule of prices and rates therefore
which schedule shall at all times be subject to regulation by the
Public Service Commission. or its legal successor: Provided
however, that the Public Service Commission shall only have
the power to fix prices and rates and shall have no power to
deny the grantee the right, privilege and authority to construct,
operate and maintain said ice plant and cold storage.

SEC. 2. The grantee shall manufacture and supply up to


fifty tons, the maximum capacity of her ice plant and cold storage,
which shall be determined by the Public Service Commission
or its legal successors.

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LEGISLATIVE MEASURES

SEC. 3. All the apparatus and appurtenances to be used


by the grantee shall be modern, safe and first class in every
respect, and the grantee whenever the Public Service
Commission shall have determined that public interest
reasonably requires it shall any of such apparatus and
appurtenances at grantee’s expense.

SEC. 4. If the grantee shall not commence the


construction of the ice plant and cold storage within one year
from the approval of this Act, unless prevented by an Act of God
or force majeure, martial law, riot, civil commotion, usurpation
by a military power or by any other cause beyond the grantee’s
control, this franchise shall become null and void.

SEC. 5. This franchise is granted with the understanding


and upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines when
the public interest so requires.

SEC. 6. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
quarterly reports in duplicate showing the gross receipts for
the quarter.

SEC. 7. In the event of any competing person, natural or


juridical, receiving from the Congress of the Philippines a
similar franchise in which there shall be any term or tending to
place the herein grantee at any disadvantage, then such term
or terms shall ipso facto become a part of the terms hereof and
shall operate equally in favor of the grantee as in the case of
such competing person.

SEC. 8. This Act shall take effect upon its approval.

Approved,
** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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REPUBLIC ACT NO. 5453

AN ACT GRANTING TERESITA TIROL GARGANTIEL A


FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN AN ICE PLANT AND COLD STORAGE IN
THE MUNICIPALITY OF BAYAWAN, PROVINCE OF
NEGROS ORIENTAL, AND TO SELL ICE AND TO
SUPPLY COLD STORAGE THEREIN AND TO
NEIGHBORING MUNICIPALITIES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the conditions imposed by this


Act, there is hereby granted to Teresita Tirol Gargantiel, herein
referred to as the grantee, a franchise to construct, operate
and maintain an ice plant and cold storage in the Municipality
of Bayawan, Province of Negros Oriental, for the purpose of
manufacturing and distributing ice and supplying cold storage
therein and to its neighboring municipalities and to collect and
charge a schedule of prices and rates for the ice and cold storage
furnished.

SEC. 2. The grantee shall manufacture and supply ice


up to the limit of ‘the capacity of her plant and/or plants.

SEC. 3. The apparatus and appurtenances to be used by


the grantee shall be modern, safe and first class in every respect
and the grantee, whenever the’ Congress shall determine that
public interest reasonably requires it, shall change or alter any
of the apparatus and appurtenances at the grantee’s .expense.

SEC. 4. The franchise shall continue for a period of


twenty-five years from the date said plant and cold storage is
placed in operation and/or commences the manufacture and
distribution of ice in the Municipality of Bayawan and in its
neighboring municipalities, subject to, the excess condition that

146
LEGISLATIVE MEASURES

be franchise shall be null and void unless the construction of at


least one plant and cold storage be begun within four, years
from the date of the approval of this Act and completed within
six years from said date, except when prevented by an Act of
God or force majeure, martial law, riot, civil commotion,
usurpation by military power or any other cause beyond the
grantee’s control.

SEC. 5. The books, records and accounts of the grantee


shall always be open to inspection by the municipal treasurer
and/or his authorized representatives, and it shall be the duty
of the grantee to submit to the municipal treasurer a quarterly
report in duplicate showing the gross receipts for the past
quarter, one of which shall be forwarded by the municipal
treasurer to the Auditor General, who shall keep the same on
file.

SEC. 6. This franchise is granted subject to the provisions


of the Constitution, Commonwealth Act Numbered One
hundred forty-six, as’ amended, and Act Numbered Fourteen
hundred and fifty-nine, as amended; and with the understanding
and upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines, when
public interest so requires.

SEC. 7. The grantee shall not commence any construction


nor exercise the rights and privileges herein granted without
first communicating to the Secretary of Public Works and
Communications her acceptance and conformity to the terms
and conditions of this franchise within two years from the date
of the approval of this Act.

SEC. 8. In the event of any competing individual,


association of persons, or corporation receiving from the
Congress of the Philippines a. similar franchise in which there
shall be any term or terms more favorable than those herein
granted or tending to place the herein grantee at any

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disadvantage, then such term or terms shall ipso facto become


a part of the terms hereof and shall operate equally in favor of
the grantee as in the case of said competing individual,
association of persons or corporation.

SEC. 9. This Act shall take effect upon its approval.

Approved, September 30, 1968.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5685

AN ACT AUTHORIZING MARCELINA S. AQUINO TO


TRANSFER, ASSIGN, SELL OR MORTGAGE IN
FAVOR OF ANY BANKING OR FINANCING
INSTITUTION HER FRANCHISES UNDER REPUBLIC
ACTS NUMBERED SIX HUNDRED NINETY- SEVEN
AND SEVEN HUNDRED FIFTY-SEVEN, TO INSTALL,
OPERATE AND MAINTAIN TELEPHONE SYSTEMS
IN THE CITY OF BUTUAN AND IN THE PROVINCE
OF AGUSAN AND THE MUNICIPALITIES ANP
MUNICIPAL DISTRICTS THEREOF

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the provisions of the Constitution,


Marcelina S. Aquino is hereby authorized to transfer, assign,
sell or mortgage in favor of any banking or financing institution
the franchises granted under Republic Acts Numbered Six
hundred ninety-seven and Seven hundred Fifty-seven which
were transferred to her by authority of Republic Acts Numbered
Thirty-nine hundred seventy one and Thirty nine hundred
seventy-two, as well as the certificates of Public Service
Commission to her pursuant to the above mentioned Acts,
including all assets and property operated there under, located
in the City of Butuan and in the Province of Agusan and the
municipalities and municipal districts thereof.

SEC. 2. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on June 21, 1969, without the signature of the President
pursuant to Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 5738

AN ACT GRANTING ANUNCIACION H. REYES A


FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A RADIO BROADCASTINGSTATION IN
THE CITY OF SAN CARLOS IN PANGASINAN FOR
EDUCATIONAL, CULTURALAND COMMERCIAL
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the provisions of the Constitution,


as well as of Act Numbered Three thousand eight hundred forty-
six, entitled “An Act providing for the regulation of radio stations
and radio communications in the Philippine Islands, and for
other purposes;” Act Numbered Three thousand nine hundred
ninety-seven, known as the Radio Broadcasting Law;
Commonwealth Act Numbered One hundred forty-six, known
as the Public Service Act and their amendments, and other
applicable laws not inconsistent with this Act, Anunciacion H.
Reyes is hereby granted a franchise to construct, operate and
maintain for educational, cultural and commercial purposes and
in the public interest, a radio broadcasting station in the City
of San Carlos in Pangasinan.

SEC. 2. This franchise shall continue for a period of


twenty-five years from the date said station shall be put in
operation, and is granted upon the express condition that the
same shall be void unless the construction of said station be
begun within two years from the date of approval of this Act
and be completed within four years from said date.

SEC. 3. This franchise is likewise made upon the express


condition that the grantee shall contribute to the public welfare,
shall assist in the function of public information and education,
shall conform to the ethics of honest enterprise and shall not

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LEGISLATIVE MEASURES

use her station for the dissemination of deliberately false


information or willful misrepresentation, or to the detriment
of public health, or to incite, encourage or assist in subversive
or treasonable acts.

SEC. 4. The grantee’s radio broadcasting station shall


not be put in actual operation until the Secretary of Public Works
and Communications shall have allotted to the grantee the
frequency and wave length to be used under this franchise and
issued to the grantee a license for such use.

SEC. 5. The radio broadcasting station of the grantee


shall be so constructed and operated and the wave length so
selected as to avoid interference with existing radio stations
and to permit the expansion of the grantee’s service.

SEC. 6. A special right is reserved to the President of


the Philippines, in time of war, rebellion, public peril, calamity,
disaster or disturbance of peace and order, to cause the closing
of the said station or to authorize the temporary use and
operation thereof by any department of the Government without
compensating the grantee for the use of said station during the
period when it shall be so operated.

SEC. 7. The grantee shall be liable to pay the same taxes,


unless exempted there from, on her real estate, buildings, and
personal property, exclusive of the franchise, as other persons
or corporations are now paying or hereafter may be required by
law to pay.

SEC. 8. The franchise hereby granted shall be subject to


amendment, alteration, or repeal by the Congress of the
Philippines when the public interest so requires.

SEC. 9. Acceptance of this franchise shall be given in


writing by the grantee within one year after the approval of

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this Act. When so accepted, the grantee shall be empowered to


exercise the privilege granted thereby.

SEC. 10. The grantee shall not lease, transfer, grant the
usufruct of, sell or assign this franchise, or the rights and
privileges acquired thereunder, to any person, firm, company,
corporation or other commercial or legal entity, nor merge with
any other company or corporation organized for the same
purpose, without the prior approval of the Congress of the
Philippines. Any corporation to which this franchise may be
sold, transferred or assigned shall be subject to the corporation
laws of the Philippines now existing or hereafter enacted, and
any person, firm, company, corporation or other commercial or
legal entity to which this franchise is sold, transferred or
assigned shall be subject to all conditions, terms, restrictions
and limitations of this franchise as fully and completely and to
the same extent as if the franchise had been originally granted
to the said person, firm, company or other commercial or legal
entity.

SEC. 11. This Act shall take effect upon its approval.

Approved, June 21, 1969.

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5904

AN ACT GRANTING LYNDA FELICIANO A FRANCHISE TO


CONSTRUCT, OPERATE AND MAINTAIN AN ICE
PLANT AND COLD STORAGE IN THE
MUNICIPALITY OF MAKATI,PROVINCE OF RIZAL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the terms and conditions


established in this Act and Commonwealth Act Numbered One
hundred forty-six, as amended, and to the provisions of the
Constitution, there is granted to Lynda Feliciano, for a period
of twenty-five years from the approval of this Act, the right,
privilege and operate and maintain an ice plant and cold storage
in the Municipality of Makati, Province of Rizal, for the purpose
of manufacturing ice for distribution and sale, and for supplying
cold storage in the said municipality and to charge and collect a
schedule of prices and rates therefore, which schedule shall at
all times be subject to regulation by the Public Service
Commission or its legal successor.

SEC. 2. The grantee shall manufacture and supply ice


up to the limit of the capacity of the plant, said limit to be
determined by the Public Service Commission and sell the same
at rates to be determined by the Public Service Commission.

SEC. 3. All the apparatus and appurtenances to be used


by the grantee shall be modern, safe and first class in every
respect, and the grantee shall whenever the Public Service
Commission shall determined that public interest reasonably
requires it, change or alter any of its apparatus and
appurtenances at grantee’s expense.

SEC. 4. If the grantee shall not commence the


construction of the ice plant within two years from the approval

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of this Act, unless prevented by an Act of God or force majeure,


martial law, riot, civil commotion, usurpation by a military
power or any other cause beyond the grantee’s control, this
franchise shall become null and void.

SEC. 5. This franchise is granted with the understanding


and upon the condition that its terms shall not exceed twenty-
five years that it shall be subject to amendment, alteration, or
repeal by the Congress of the Philippines when the public
interest so requires and that the grantee shall be subject to all
existing taxes under the National Internal Revenue Code.

SEC. 6. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
or his authorized representatives and it shall be the duty of the
grantee to submit to the Auditor General quarterly reports in
duplicate showing the gross receipts for the quarter past.

SEC. 7. In the event of any competing person, natural or


juridical, receiving from the Congress of the Philippines a
similar franchise in which there shall be any term or terms more
favorable than those herein granted or tending to place the
herein grantee at any disadvantage, then such term or terms
shall ipso facto become a part of the terms hereof and shall
operate equally in favor of the grantee as in the case of such
competing person.

SEC. 8. In consideration of this franchise, the grantee


shall pay a tax equivalent to five per-cent (5%) of his gross
income.

SEC. 9. This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 5997

AN ACT GRANTING ENRICA M. REYES GARCIA A


TEMPORARY PERMIT TO CONSTRUCT, ESTABLISH,
OPERATE AND MAINTAIN A COMMERCIAL RADIO
BROADCASTING STATION IN THE MUNICIPALITY
OF KALIBO, PROVINCE OF AKLAN

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION1. Subject to the, provisions of the Constitution,


Enrica M. Reyes Garcia is herby granted a temporary permit to
construct, establish, operate and maintain in the Municipality
of Kalibo, Province of Aklan, subject to the approval of the
Secretary of Public Works and communications, a commercial
radio broadcasting station in the Municipality of Kalibo,
Province of Aklan.

SEC. 2. The president of the Philippines shall have the


power and authority to permit the location of said radio station,
or any of them on lands of the public domain under such terms
and conditions as he may prescribe.

SEC. 3. This temporary permit shall continue to be in


force during the time that Government has not yet established
any, similar service in the places selected by the grantee and is
granted upon the express condition that the same shall be void
unless, the construction of the said radio station be begun within
one year from the date of approval of this Act and be completed
within three years from said date.

SEC. 4. The grantee shall not engage in the domestic


business of telecommunications in the Philippines without
further special approval of the Congress of the Philippines, it
being understood that the purpose of this temporary permit is
to secure to the grantee the right to construct, establish, operate

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and maintain said stations in such places within the Philippines


as the interest of the grantee and of her trade and business may
justify.

SEC. 5. This temporary permit shall not take effect until


the Secretary of Public Works and Communications shall have
allotted to the grantee the frequencies and wave lengths to be
used there under, but the grantee may use the international
distress frequency of five hundred kilocycle and the high distress
frequency of eight thousand two hundred eighty kilocycle
whenever necessary.

SEC. 6. No fees are chargeable as the radio station that


may by establish by virtue of this Act shall engage in
communication regarding the grantee’s business only.

SEC. 7. The grantee shall so construct and operate said


radio so as not to interfere with the operation of other radio
stations maintained and operated in the Philippines.

SEC. 8. The grantee shall hold the national, provincial,


and municipal governments of the Philippines harmless from
all claims, accounts, demands, or actions arising out accidents
or injuries either to property persons, caused by the construction
or operation of grantee’s radio station.

SEC. 9. A special right is hereby reserved to the President


of the Philippines in time of war, insurrection, public peril,
emergency, calamity or disaster to cause the closing of the
grantee’s radio station or to authorize the temporary use of
possession thereof by any department of the Government upon
payment of just compensation.

SEC. 10. The grantee shall not lease, transfer, grant the
usufruct, of sell or assign this temporary permit, or the rights
or privileges acquired there under to any person, natural or
juridical, nor merge with any other person, without the approval

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of the Congress of the Philippines first had. Any person, natural


or juridical to which this temporary permit may be sold,
transferred or assigned shall be subject to the corporation laws
of the Philippines now existing or hereafter enacted, and any
person to which this temporary permit is sold, transferred or
assigned shall be subject to all conditions, terms, restrictions,
and limitations of this temporary permit as fully and, as
completely and to the same extent as if the temporary permit
has been originally granted to such person.

SEC. 11. This franchise shall be subject to amendment,


alteration or repeal by the Congress of the Philippines when
the public interest so requires, and shall not be interpreted as
an exclusive grant of privileges herein provided for.

SEC. 12. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on without the signature of the President pursuant to Article
VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 6005

AN ACT GRANTING NATIVIDAD R. ORTEGA FRANCHISE


TO INSTALL, OPERATE AND MAINTAIN AN
ELECTRIC LIGHT, HEAT AND POWER SYSTEM AND
AN ICE PLANT IN THE MUNICIPALITY OF
MAHAPLAG, PROVINCE OF LEYTE, AND TO SELL
AND DISTRIBUTE ELECTRIC LIGHT, HEAT, POWER
AND ICE PLANT

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Subject to the terms and condition


established in Act Numbered Thirty-six hundred and thirty-
six, as amended by Commonwealth Act Numbered One hundred
thirty-two, and to the provisions of the constitution, there is
granted to Natividad R. Ortega in the Municipality of Mahaplag,
Province of Leyte, for a period of twenty-five years from the
approval of this Act, the right, privilege and authority to install,
operate and maintain electric light, heat and power system and
an ice plant for the purpose of generating, distributing electric
light, heat and power and manufacturing ice for sale within
the limits of the said municipality.

SEC. 2. In the event that the grantee shall purchase and


secure electric heat and power from the National power
Corporation, the latter is hereby authorized to negotiate and
transact for the benefit and in behalf of the public consumers
with reference to rates.

SEC. 3. The grantee shall manufacture and supply ice


up to the limit of the capacity of her plant, said limit to be
determined by the Public Service Commission.

SEC. 4. All the apparatus and appurtenances to be used


by the grantee shall be modern, safe and first class in every

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respect, and the grantee, whenever the Public service


Commission shall have determined that public interest
reasonably requires it, shall change or alter any of her apparatus
and appurtenances at her expense.

SEC. 5. If the grantee shall not commence the


manufacture and distribution of ice in the Municipality of
Mahaplag, Province of Leyte, within one year from the approval
of this Act, unless prevented by an Act of God or force majeure,
martial law, riot, civil commotion, usurpation by a military
power or by any other cause beyond the grantee’s control, this
franchise shall become null and void.

SEC. 6. This franchise is granted subject to the provision


of the Constitution and Commonwealth Act Numbered One
hundred forty-six, as amended, and with the understanding and
upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines when
the public interest so requires.

SEC. 7. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
or his authorized representatives, and it shall be the duty of
the grantee to submit to the Auditor General quarterly reports
in duplicate showing the gross receipts for the quarter past.

SEC. 8. It is expressly provided that in the event the


Government decides to maintain and operate for itself the
system and enterprise herein authorized, the grantee shall
surrender her franchise and turn over to the Government all
serviceable equipment therein, at cost, less reasonable
depreciation.

SEC. 9. In consideration of this franchise the grantee


shall pay a tax equivalent to five per cent of her gross income.

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SEC. 10. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on without the signature of the President pursuant to Article
VI, Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6008

AN ACT AMENDING REPUBLIC ACT NUMBERED FIFTY


HUNDRED AND FIVE, ENTITLED “AN ACT
GRANTING ESPERANZA LAZARO A FRANCHISE TO
CONSTRUCT, MAINTAIN AND OPERATE AN ICE
PLANT IN BARRIO DAMPALIT, MUNICIPALITY OF
MALABON, PROVINCE OF RIZAL.”

Be it enacted by the Senate and House of Representatives of


the Philippines Congress assembled:

SECTION 1. The title of Republic Act Numbered Fifty


hundred and five is hereby amended to read as follows: “An Act
granting Esperanza Lazaro a franchise to construct, maintain
and operate an ice plant and cold storage in Barrio Dampalit,
Municipality of Malabon, Province of Rizal.”

SEC. 2. Sections one and two of the same Act are also
amended to read as follows:

“SECTION 1. Subject to the terms and conditions


established in this Act and in Commonwealth Act Numbered
One hundred forty-six, as amended, and to the provisions of
the Constitution, there is hereby granted to Esperanza Lazaro,
for a period of twenty-five years from the approval of this Act,
the right, privilege and authority to construct, maintain and
operate an ice plant and cold storage in Barrio Dampalit,
Municipality of Malabon, Province of Rizal, for the purpose of
manufacturing ice for distribution and sale supplying cold
storage within the Province of Rizal, and to charge and collect a
schedule of prices and rates therefor which schedule shall, at
all times, be subject to regulation by the Public Service
Commission or its legal successor.

SEC. 2. The grantee shall manufacture and supply ice


and cold storage up to the limit of the capacity of her plants and

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cold storage service, said limit to be determined by the Public


Service Commission, and sell the same at rates to be determined
by the said Commission.”

SEC. 3. This act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6025

AN ACT AMENDING SECTION ONE OF REPUBLIC ACT


NUMBERED THIRTY HUNDRED FIFTEEN BY
GIVING RETROACTIVE EFFECT TO THE
PROVISIONS THEREOF. (re: Armed Forces Retirement
Act)

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section one of Republic Act Numbered


Thirty hundred fifteen is hereby amended to read as follows:

“SECTION l. All the benefits granted under Republic Act


Numbered Three hundred forty, which provides for a uniform
retirement system for the Armed Forces of the Philippines, to
provide for separation therefrom and for other purposes, shall
be applicable to the officers and enlisted men of the Philippine
Constabulary who had been retired from active service before
the approval of the said Republic Act Numbered Three hundred
and forty, including such retirees who died after retirement but
before June nineteen, nineteen hundred and sixty, to the end
that said retired officers and enlisted men of the Philippine
Constabulary or their widows and minor children shall enjoy
the same rights and privileges there under granted to the Armed
Forces of the Philippines.

SEC. 2. This Act shall take effect upon its approval.

Approved, August 4, 1969.

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REPUBLIC ACT NO. 6098

AN ACT AUTHORIZING MARCELINA S. AQUINO TO


TRANSFER, ASSIGN, SELL OR MORTGAGE IN
FAVOR OF ANY BANKING OR FINANCING
INSTITUTION HER FRANCHISE UNDER REPUBLIC
ACTS NUMBERED SIX HUNDRED NINETY-SEVEN
AND SEVEN HUNDRED FIFTY-SEVEN, TO INSTALL,
OPERATE AND MAINTAIN TELEPHONE SYSTEMS IN
THE CITY OF BUTUAN AND IN THE PROVINCE OF
AGUSAN AND THE MINICIPALITIES AND
MUNICIPAL DISTRICTS THEREOF, AND FURTHER
MODIFYINGTHE PROVISIONS OF SAID FRANCHISE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Marcelina S. Aquino is hereby authorized


to transfer, assign, sell or mortgage in favor of any banking or
financing institution the franchises granted under Republic Acts
Numbered Six hundred ninety-seven and Seven hundred fifty-
seven, which were transferred to her by authority of Republic
Acts Numbered Thirty-nine hundred seventy-one and Thirty-
nine hundred seventy-two, as well as the certificates of public
convenience granted or to be granted by the Public Service
Commission to her pursuant to the above-mentioned Acts,
including all assets and property operated there under, located
in the City of Butuan and in the Province of Agusan and the
municipalities and municipal districts thereof

SEC. 2. Any provision of law or rule or regulation to the


contrary notwithstanding the jurisdiction of the Public Service
Commission over the telephone systems installed, operated and
maintained by the said Marcelina S. Aquino by virtue of the
aforementioned franchises and Republic Acts, shall be limited
to the fixing of rates for the telephone service rendered.

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LEGISLATIVE MEASURES

SEC. 3. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on without the signature of the President pursuant to Article
VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 6109

AN ACT GRANTING JOSEFINA B. RAMOS A FRANCHISE TO


CONSTRUCT, OPERATE AND MAINTAIN AN ICE
PLANT AND COLD STORAGE IN THE
MUNICIPALITY OF GUIGUINTO, PROVINCE OF
BULACAN AND TO SELL ICE IN THE PROVINCE OF
BULACAN

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assemble:

SECTION 1. Subject to the terms and conditions


established in this Act and in Commonwealth Act Numbered
One hundred forty-six, as amended, and to the provisions of
the Constitution, there is granted to Josefina B. Ramos, for a
period of twenty-five years from the approval of this Act, the
right, privilege and authority to construct, operate and maintain
an ice plant and cold storage in the Municipality of Guiguinto,
Province of Bulacan. Subject to the approval of the Public Service
Commission, for the purpose of manufacturing ice for
distribution and sale, and for supplying cold storage in the
Province of Bulacan and to charge and collect a schedule of prices
and rates therefor which schedule shall at all times be subject
to the regulation by the Public Service Commission or its legal
successor.

SEC. 2. The grantee shall manufacture and supply ice


up to the limit of the capacity of the plant, said limit to be
determined by the Public Service Commission.

SEC. 3. All the apparatus and appurtenance to be used


by the grantee shall be modern, safe and first class in every
respect. The grantee, whenever the Public Service Commission
determines that public interest reasonably requires it, shall
change or alter any her apparatus and appurtenances at
grantee’s expense.

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LEGISLATIVE MEASURES

SEC. 4. If the grantee shall not commence the


construction within two years from the approval of this Act,
unless prevented by an act of God or force mojeure, martial law,
riot, civil commotion, usurpation by a military power or any
other cause beyond the grantee’s control, this franchise shall
become null and void.

SEC. 5. This franchise is granted with the understanding


and upon the condition that it shall be subject to amendment,
alteration, or repeal by the Congress of the Philippines when
the public interest so requires.

SEC. 6. The books, records and accounts of the grantee


shall always be open to the inspection of the Auditor General
or his authorized representatives. It shall be the duty of the
grantee to submit to the Auditor General quarterly reports in
duplicate showing the gross receipts for the quarter past.

SEC. 7. In consideration of this franchise the grantee


shall pay a tax equivalent to five per cent of her gross income.

SEC. 8. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on August 4, 1969, without the signature of the President
pursuant to Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 6202

AN ACT CHANGING THE NAME OF SAN FELIPE


ELEMENTARY SCHOOL IN THE CITY OF NAGA TO
ROSARIO V. MARAMBA ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of San Felipe Elementary School


in the City of Naga, is hereby changed to Rosario V. Maramba
Elementary School.

SEC. 2. This Act shall take effect upon its approval.

Approved, June 19, 1971.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6223

AN ACT CREATING BARRIO CRISPINA MARCOS IN THE


MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS
NORTE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The sitios of Palongpong, Calogoan,


Sampalocan and Aracua in the Municipality of Batac, Province
of Ilocos Norte, are constituted into a district and independent
barrio of said municipality, to be known as the Barrio of Crispina
Marcos.

SEC. 2. This Act shall take effect upon its approval.

Approved, June 19, 1971.

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REPUBLIC ACT NO. 6237

AN ACT FURTHER AMENDING REPUBLIC ACT


NUMBERED SIX HUNDRED SEVENTY-NINE, AS
AMENDED BY REPUBLIC ACT NUMBERED ELEVEN
HUNDRED THIRTY-ONE (RE: WOMAN AND CHILD
LABOR LAW)

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section one of Republic Act Numbered Six


hundred seventy-nine is hereby amended to read as follows:

XXX XXX XXX

“SEC. 7. Employment of women. — (a) No women,


regardless of age, shall be employed in any shop, factory,
commercial or industrial establishment or other place of labor
to perform work which requires the employee to work always
standing or which involves the lifting of heavy objects.

(b) No woman, regardless of age, shall be employed or


permitted or suffered to work, with or without compensation,
in any industrial undertaking or branch thereof between ten
o’clock at night and ten o’clock in the morning of the following
day, except those who are immediate members of the family
operating or owning the same. An employer may be exempted
from the requirement of this subsection —

“(1) in case of force majeure causing an interruption in


the work which was not foreseen and which is not of a recurring
character;

(2) by the Secretary of Labor, if he finds, after proper


investigation, that the work has to do with raw material or
materials in the course of treatment which are subject to rapid

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LEGISLATIVE MEASURES

deterioration and night work is necessary to preserve such


materials from loss; and

(3) by the President of the Philippines, with or without


the recommendation of the Secretary of Labor, after consultation
with employers and workers’ organizations concerned in case
of serious emergency where national interest demand the
suspension of the night work prohibition for women in particular
industry or industries. Such suspension shall be notified by the
government to the Director General of the International Labor
Office in its Annual Report on the Application of the Night Work
Convention.

“(c) No woman, regardless of age, shall be employed or


permitted or suffered to work, with or without compensation,
in any commercial or non-industrial undertaking or branch
thereof, other than agricultural, between twelve o’clock midnight
and seven o’clock in the morning of the following day, except
those who are immediate members of the family owning or
operating the same.

“(d) No woman, regardless of age shall be employed or


permitted or suffered to work in any agricultural undertaking
at night without giving her a period of rest of not less than nine
consecutive hours.

The prohibition against night work for women provided


for in subsections (b), (c) and (d) hereof shall not apply to —

(1) women holding responsible positions of a


managerial or technical character; and

(2) women employed in health and welfare services.

“(e) In any shop, factory, commercial, industrial, non-


industrial or agricultural establishment or other place of labor
where men and women are employed, the employer shall not
discriminate against any woman in respect to terms and

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conditions of employment on account of her sex, and shall pay


equal remuneration for work of equal value for both men and
women employees.

“(f) No woman, eighteen years or over, shall be allowed


or permitted or suffered to work in any shop, factory,
commercial or industrial establishment or in any place of labor
without granting her a rest period of eleven consecutive hours
of work between two working periods.”

SEC. 5. This Act shall take effect upon its approval.

Approved, June 19, 1971.

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REPUBLIC ACT NO. 6361

AN ACT PROVIDING FOR THE FIXING OF THE MAXIMUM


SELLING PRICE OF ESSENTIAL ARTICLES OR
COMMODITIES, CREATING THE PRICE CONTROL
COUNCIL, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled;

SECTION 1. It is hereby declared to be the national


policy to prevent monopoly, hoarding, injurious speculation,
manipulation and profiteering with respect to the supply,
distribution and marketing of the following articles or
commodities, whether imported or locally produced or
manufactured, and to fix the maximum prices, consistent with
the policies of the State to increase production and productivity,
of such of these commodities as are essential to the public
interest:

XXX XXX XXX

SEC. 2. To carry out the above policy, there is hereby


created a Price Control Council hereinafter referred to as the
“Council”), which shall be composed of the Secretary of
Commerce and Industry, the Secretary of Agriculture and
Natural Resources, the Secretary of Health, the Chairman of
the National Economic Council, and three representatives of
consumers one of which shall be from qualified nominees of
nationwide government employees’ organization, the second
from qualified nominees of the private labor sector and the third
from qualified nominees of nationwide women’s organization,
who shall be appointed by the President of the Philippines with
the consent of the Commission on Appointments and who shall
have the following qualifications: a natural-born Filipino citizen;
at least thirty years of age; and not connected with the
production, supply, distribution or marketing of any of the items

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mentioned in Section One: Provided, that the above-named


government officials, except the Chairman, may authorize their
respective undersecretaries to represent them in the meetings
of the Council. A majority of the members shall constitute a
quorum and four affirmative votes shall be necessary for any
action or decision of the Council: Provided, further, that the
representative of consumers shall receive as emolument or
compensation for services rendered to the Council a per diem
of P50.00 for every meeting attended: Provided, finally, that the
total emolument or compensation that may be received by said
representative of the consumers shall not exceed the amount of
P1,000.00 a month. The Council shall elect the Chairman from
among themselves. The Director of Commerce shall serve as
the Executive Director of the Council and the Bureau of
Commerce (hereinafter referred to as the “Bureau”) shall
provide staff support to the Council.

Within 10 days after the assumption of office of the


Chairman or any member of the Council, the members thereof
including the Executive Director of the Council shall submit a
statement of their assets and/or liabilities and a full and fair
disclosure of all their interests and professional connections as
of the date of their assumption of office. A copy each of said
statements shall be filed with the office of the Secretary of the
Senate and with the Office of the Secretary of the House of
Representatives.

In each province and chartered city, there shall be a local


price council whose composition, functions and scope of
authority shall be determined by the Price Control Council, and
which shall be under its immediate control and supervision:
Provided, that the government employees, the private labor
sector and the women’s organization in the area are each
represented therein.

XXX XXX XXX

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SEC. 6. The Council shall promulgate such rules and


regulations as shall be deemed necessary for the effective
implementation of the provisions of this Act subject to the
approval of the President of the Philippines. The rules and
regulations that may be promulgated by the Council shall take
effect fifteen days after their publication once a week for two
consecutive weeks in at least two newspapers, one in English
and another in the National Language of general circulation in
the Philippines. They shall be posted at the entrance of the City
Hall or Municipal Building of each city, municipality or
municipal district in English and in the local dialect.

In the exercise of its powers, the Council, by unanimous


vote shall have the power to issue, under the signature and
authority of the Chairman, subpoenas and subpoenas duces
tecum, which shall be duly entered in a record book indicating
the facts attendant thereto, and, notwithstanding the provisions
of sections 81, 347 and 349 of the National Internal Revenue
Code, to require the Bureau of Internal Revenue to submit any
sales, income or other tax returns filed by any producer,
manufacturer or retailer of products listed in section one hereof
whenever relevant to any public hearing and any inquiry under
this Act.

The Council shall submit a quarterly report to Congress


of all its actuations under this Act beginning January 1, 1972
and every quarter thereafter.

SEC. 7. Imprisonment for a period of not less than six


months nor more than five years or a fine of not less than two
thousand pesos nor more than twenty thousand pesos, or both,
shall be imposed upon any person who sells any commodity in
excess of the maximum selling price established by the Council,
or who violates any provision of this Act or any order, rule or
regulation issued pursuant to the provisions of this Act.
Provided, however, that in the case of aliens, in addition to the
penalty herein provided, the offender shall, upon conviction and

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after service of sentence, be immediately deported without any


further proceedings.

Whenever any of the offenses described above is


committed by a corporation or association, the president and
each of the directors or managers of said corporation or
association, or its agent or representative in the Philippines in
case of a foreign corporation or association who shall have
knowingly permitted or failed to prevent the commission of such
offenses, shall be held liable as principals thereof.

Any government official or employee, who by neglect or


connivance has in any manner aided or abetted in the violation
or circumvention of the provisions of this Act, shall be held
criminally liable as co-principal under this section and shall, in
addition, suffer the penalty of perpetual absolute
disqualification to hold public office. Any government official
or employee who, being duly authorized by the Council to act as
its authorized agent, shall divulge to any person, or make known
in any other manner than may be authorized by law, any
information regarding the income, method of operation or other
confidential information regarding the business of any person,
association or corporation, knowledge of which was acquired
by him in the course of the discharge of his official duties, shall
be punished by both fine of not less than two thousand pesos
nor more than twenty thousand pesos and imprisonment of not
less than two years nor more than five years.

SEC. 8. If any provision of this Act or the applicability


of such provision to any person or circumstance shall be held
invalid, the validity of the other provisions of this Act and the
applicability of such provisions to other persons or
circumstances shall not be affected thereby.

SEC. 9. The President is hereby authorized to allot


from the unprogrammed appropriations for the Executive
Departments from the General Fund under Republic Act No.

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6130, the sum of Two hundred fifty thousand pesos for necessary
operating expenses to carry out the provisions of this Act during
the fiscal year ending June 30, 1972, and under the next General
Appropriations Act, the sum of one million pesos for the same
purpose during the fiscal year ending June 30, 1973: Provided,
that not more than one hundred thousand pesos shall be spent
for personal services for a full year.

The Council and the Bureau of Commerce may call upon


any official, agent, employee, agency or instrumentality of the
government for staff or any other assistance that they may deem
necessary to carry out the purposes of this Act and said agency
or instrumentality of the government shall, with the approval
of the President, assign the official, agent, or employee and
provide the assistance requested by the Council and the Bureau
of Commerce.

SEC. 10. The decisions of the Council on questions of


fact shall be final and executory while those involving questions
of law shall be reviewable by the Supreme Court by certiorari.

SEC. 11. This Act takes effect upon its approval and
shall continue in force up to June 30, 1973: Provided, however,
that convictions rendered under this Act or under the duly
promulgated orders, rules and regulations issued pursuant
thereto shall remain valid and enforceable, and prosecutions of
offenses committed during the effectivity thereof shall
commence and shall not be barred until terminated by
convictions or acquittal of the accused.

Approved, July 27, 1971.

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REPUBLIC ACT NO. 6423

AN ACT GRANTING ERNA P. CRUZ A FRANCHISE TO


CONSTRUCT, INSTALL, OPERATE AND MAINTAIN
AERONAUTICAL AND RADIO BROADCASTING AND
TELEVISION STATIONS IN THE ISLAND OF
MINDANAO

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. There is hereby granted and conceded to


Erna P. Cruz, her successors or assigns, and hereunder referred
to as the “grantee”, a franchise to construct, install, operate and
maintain, subject to the approval of the Secretary of Public
Works and Communications, aeronautical and broadcasting and
television stations in the Island of Mindanao.

SEC. 2. A special right is reserved to the President of


the Philippines in time of war, rebellion, public peril, calamity,
emergency, disaster or disturbance of peace or order to take
over and operate the said stations or to authorize the temporary
use and operation thereof by any department of the Government
upon due compensation to the grantee for the use of said stations
during the period when they shall be so operated.

SEC. 3. The President of the Philippines shall have the


power and authority to permit the construction of said stations
or any of them on any land of the public domain upon such terms
and conditions as he may prescribe

SEC. 4. This franchise is granted for a period of twenty-


five years and upon the express condition that same shall be
void unless the construction of two stations be completed within
two years from the date of the approval of this Act.

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LEGISLATIVE MEASURES

SEC. 5. The grantee, her successors or assigns, shall


construct and operate her radio stations so as not to interfere
with the operation of other radio stations maintained and
operated in the Philippines.

SEC. 6. No private property shall be taken for any


purpose by the grantee of this franchise, her successors or
assigns, without proper condemnation proceedings and just
compensation paid or tendered therefor, and any authority to
take and occupy land contained herein shall not authorize the
taking, use, or occupation of any land except such as required
for the actual necessary purposes for which the franchise is
granted. All lands or rights of use and occupation of lands granted
to the grantee, her successors or assigns, shall, upon the
termination of this franchise or upon its revocation or repeal,
revert to the national, provincial, or municipal government to
which such land or right to use and occupy belonged at the time
of the grant thereof, or the right to use and occupy the same
was conceded to the grantee herein, her successors or assigns.

SEC. 7. The right is hereby reserved to the Government


of the Philippines, through the Public Service Commission or
such other government agency as may hereafter be duly
authorized, to fix the maximum rates or charges to be charged
by the grantee.

SEC. 8. The grantee shall keep a separate account of the


gross receipts of the business transacted by her in the
Philippines and shall furnish the Auditor General and the
treasurer of the Philippines a copy of such account not later
than the thirty-first day of January of each year for the preceding
year. For the purpose of auditing the accounts so rendered to
the Auditor General and the National Treasurer, all the books
and accounts of the grantee or duplicates thereof, so far as they
relate to the business transacted in the Philippines, shall be
kept in the Philippines and shall be subject to the official
inspection of the Auditor General or his authorized

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representatives, and the audit and approval of such accounts


shall be final and conclusive evidence as to the account of said
gross receipts, except that the grantee shall have the right to
appeal to the courts of the Philippines, under the terms and
conditions provided in the laws of the Philippines.

SEC. 9. As a condition of the granting of this franchise


the grantee shall execute a bond in favor of the Government of
the Republic of the Philippines in the sum of fifty thousand
pesos, in form and with sureties satisfactory to the Secretary of
Public Works and Communications conditioned upon the faithful
performance of the grantee’s obligations hereunder during the
first three years of the life of this franchise. If, after three years
from the date of the acceptance of this franchise, the grantee
shall have fulfilled the same, the bond aforesaid shall be
cancelled by the Secretary of Public Works and
Communications.

SEC. 10. Acceptance of this franchise shall be given in


writing within six months after approval of this Act. When so
accepted by the grantee and upon the approval of the bond
aforesaid by the Secretary of Public Works and Communications,
the grantee shall be empowered to exercise the privileges
granted thereby.

SEC. 11. The grantee shall not lease, transfer, grant the
usufruct of sell or assign this franchise, or the rights or privileges
acquired thereunder to any person, firm company, corporation
or other commercial or legal entity, nor merge with any other
person, company or corporation organized for the same purpose
without the approval of the Congress of the Philippines first
had. Any corporation to which this franchise may be sold,
transferred, or assigned shall be subject to the corporation laws
of the Philippines now existing or hereafter enacted, and any
person, firm, company, corporation or other commercial or legal
entity to which this franchise is sold, transferred, or assigned
shall be subject to all conditions, terms, restrictions and

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LEGISLATIVE MEASURES

limitations of this franchise as fully and completely and to the


same extent as if the franchise had been originally granted to
the said person, firm, company, corporation or other commercial
or legal entity.

SEC. 12. In consideration of the franchise and rights


hereby granted, the grantee shall pay a franchise tax equal to
five per centum of the gross earnings under this franchise, three
per centum shall accrue to the national government and two
per centum to the municipality where the franchise is in
operation.

SEC. 13. This franchise shall be subject to amendment,


alteration, or repeal by the Congress of the Philippines when
the public interest so requires and shall not be interpreted as
an exclusive grant of the privileges herein provided for.

SEC. 14. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on October 4, 1971, without the signature of the President
pursuant to Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 6657

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN


REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE
AND INDUSTRIALIZATION, PROVIDING THE
MECHANISM FOR ITS IMPLEMENTATION, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

CHAPTER I
PRELIMINARY CHAPTER

SECTION 1. Title.– This Act shall be known as the


Comprehensive Agrarian Reform Law of 1988.

XXX XXX XXX

CHAPTER X
SPECIAL AREAS OF CONCERN

SEC. 40. Special Areas of Concern.-As an integral part of


the Comprehensive Agrarian Reform Program, the following
principles in these special areas of concern shall be observed:

(1) Subsistence Fishing-Small fisherfolk, including


seaweed farmers, shall be assured of greater access to the
utilization of water resources.

(2) Logging and Mining Concessions-Subject to the


requirement of a balanced ecology and conservation of water
resources, suitable areas, as determined by the Department of
Environment and Natural Resources (DENR), in logging, mining
and pasture areas, shall be opened up for agrarian settlements
whose beneficiaries shall be required to undertake reforestation
and conservation production methods. Subject to existing laws,
rules and regulations, settlers and members of tribal

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LEGISLATIVE MEASURES

communities shall be allowed to enjoy and exploit the products


of the forest other than timber within the logging concessions.

(3) Sparsely Occupied Public Agricultural Lands-


Sparsely occupied agricultural lands of the public domain shall
be surveyed, proclaimed and developed as farm settlements for
qualified landless people based on an organized program to
ensure their orderly and early development.

Agricultural land allocations shall be made for ideal


family-size farms as determined by the PARC. Pioneers and
other settlers shall be treated equally in every respect.

Subject to the prior rights of qualified beneficiaries,


uncultivated lands of the public domain shall be made available
on a lease basis to interested and qualified parties. Parties who
will engage in the development of capital-intensive, traditional
or pioneering crops shall be given priority.

The lease period, which shall not be more than a total of


fifty (50%) years, shall be proportionate to the amount of
investment and production goals of the lessee. A system of
evaluation and audit shall be instituted.

(4) Idle, Abandoned, Foreclosed and Sequestered Lands


-Idle, abandoned, foreclosed and sequestered lands shall be
planned for distribution as home lots and family-size farm lots
to actual occupants. If land area permits, other landless families
shall be accommodated in these lands.

(5) Rural Women-All qualified women members of the


agricultural labor force must be guaranteed and assured equal
rights to ownership of the land, equal shares of the farm’s
produce, and representation in advisory or appropriate
decision-making bodies.

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(6) Veterans and Retirees-In accordance with Section 7


of Article XVI of the Constitution, landless war veterans and
veterans of military campaigns, their surviving spouses and
orphans, retirees of the Armed Forces of the Philippines (AFP)
and the Integrated National Police (INP), returnees,
surrenderees, and similar beneficiaries shall be given due
consideration in the disposition of agricultural lands of the
public domain.

(7) Agriculture Graduates-Graduates of agricultural


schools who are landless shall be assisted by the government,
through the DAR, in their desire to own and till agricultural
lands.

XXX XXX XXX

SEC. 73. Prohibited Acts and Omissions.– The following


are prohibited:

(a) The ownership or possession, for the purpose of


circumventing the provisions of this Act, of agricultural lands
in excess of the total retention limits of award ceilings by any
person, natural or juridical, except those under collective
ownership by farmer-beneficiaries.

(b) The forcible entry or illegal detainer by persons who


are not qualified beneficiaries under this Act to avail themselves
of the rights and benefits of the Agrarian Reform Program.

(c) The conversion by any landowner of his agricultural


land into any non-agricultural use with intent to avoid the
application of this Act to his landholdings and to dispossess his
tenant farmers of the land tilled by them.

(d) The willful prevention or obstruction by any person,


association or entity of the implementation of the CARP.

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LEGISLATIVE MEASURES

(e) The sale, transfer, conveyance or change of the nature


of lands outside of urban centers and city limits either in whole
or in part after the effectivity of this Act. The date of the
registration of the deed of conveyance in the Register of Deeds
with respect to titled lands and the date of the issuance of the
tax declaration to the transferee of the property with respect
to unregistered lands, as the case may be, shall be conclusive
for the purpose of this Act.

(f) The sale, transfer or conveyance by a beneficiary of


the right to use or any other usufructuary right over the land
he acquired by virtue of being a beneficiary, in order to
circumvent the provisions of this Act.

SEC. 74. Penalties.-Any person who knowingly or


willfully violates the provisions of this Act shall be punished by
imprisonment of not less than one (1) month to not more than
three

(3) years or a fine of not less than one thousand pesos


(P1,000.00) and not more than fifteen thousand pesos
(P15,000.00), or both, at the discretion of the court.

If the offender is a corporation or association, the officer


responsible therefor shall be criminally liable.

SEC. 75. Suppletory Application of Existing Legislation.–


The provisions of Republic Act No. 3844 as amended,
Presidential Decree Nos. 27 and 266 as amended, Executive
Order Nos. 228 and 229, both Series of 1987; and other laws not
inconsistent with this Act shall have suppletory effect.

SEC. 76. Repealing Clause. – Section 35 of Republic Act


No. 3844, Presidential Decree No. 316, the last two paragraphs
of Section 12 of Presidential Decree No. 946, Presidential Decree
No. 1038, and all other laws, decrees, executive orders, rules

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and regulations, issuances or parts thereof inconsistent with


this Act are hereby repealed or amended accordingly.

SEC. 77. Separability Clause.-If, for any reason, any section


or provision of this Act is declared null and void, no other
section, provision, or part thereof shall be affected and the same
shall remain in full force and effect.

SEC. 78. Effectivity Clause.– This Act shall take effect


immediately after publication in at least two (2) national
newspapers of general circulation.

Approved, June 10, 1988.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6662

AN ACT RENAMING THE BAY-ANG ELEMENTARY SCHOOL


IN BARANGAY BAY-ANG, MUNICIPALITY OF AJUY,
PROVINCE OF ILOILO, AS THE BEATRIZ D. TUPAS
ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Bay-ang Elementary School


in Barangay Bay-ang, Municipality of Ajuy, Province of lloilo, is
hereby changed to Beatriz D. Tupas Elementary School.

SEC. 2. This Act shall take effect upon its approval.

Approved, June 22, 1988.

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REPUBLIC ACT NO. 6674

AN ACT CHANGING THE NAME OF BARANGAY COBOL,


MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS
NORTE, TO BARANGAY PETRA PIMENTEL AND FOR
SOME OTHER PURPOSE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of Barangay Cobol in the


Municipality of Batac, Province of Ilocos Norte, is hereby
changed to Barangay Petra Pimentel.

SEC. 2. This Act shall take effect upon its approval.

Approved, September 5, 1988.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6695

AN ACT RENAMING THE TUMAGA ELEMENTARY SCHOOL


IN ZAMBOANGA CITY AS THE CATALINA VDA. DE
JALON MEMORIAL SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The Tumaga Elementary School located


in Barangay Tumaga, Zamboanga City, is hereby renamed as
the Catalina Vda. de Jalon Memorial School.

SEC. 2. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on without the signature of the President pursuant to Article
VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 6725

AN ACT STRENGTHENING THE PROHIBITION ON


DISCRIMINATION AGAINST WOMEN WITH
RESPECT TO TERMS AND CONDITIONS OF
EMPLOYMENT, AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTY-FIVE OF THE
LABOR CODE, AS AMENDED.

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Article One hundred thirty-five of the Labor


Code, as amended, is hereby further amended to read as follows:

“Art. 135. Discrimination Prohibited. – It shall be


unlawful for any employer to discriminate against any woman
employee with respect to terms and conditions of employment
solely on account of her sex.

“The following are acts of discrimination:

“(a) Payment of a lesser compensation, including wage,


salary or other form of remuneration and fringe benefits, to a
female employee as against a male employee, for work of equal
value; and

“(b) Favoring a male employee over a female employee


with respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.

“Criminal liability for the willful commission of any


unlawful act as provided in this article or any violation of the
rules and regulations issued pursuant to Section 2 hereof shall
be penalized as provided in Articles 288 and 289 of this Code:
Provided, That the institution of any criminal action under this
provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which

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LEGISLATIVE MEASURES

may include claims for damages and other affirmative reliefs.


The actions hereby authorized shall proceed independently of
each other.”

SEC. 2. The Secretary of Labor and Employment is hereby


authorized to promulgate the necessary guidelines to implement
this Article in accordance with the generally accepted practices
and standards here and abroad.

SEC. 3. This Act shall take effect fifteen (15) days from
the date of its publication in at least two (2) national newspapers
of general circulation.

Approved, May 12, 1989.

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REPUBLIC ACT NO. 6742

AN ACT CHANGING THE NAME OF THE BATAAN


NATIONAL SCHOOL OF ARTS AND TRADES IN
BALANGA, BATAAN, TO MEDINA LACSON DE LEON
NATIONAL SCHOOL OF ARTS AND TRADES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Bataan National School of


Arts and Trades in Balanga, Bataan, is hereby changed to Medina
Lacson de Leon National School of Arts and Trades.

SEC. 2 This Act shall take effect upon its approval.

Approved, August 4, 1989.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6746

AN ACT CHANGING THE NAME OF THE PIEDAD


BARANGAY HIGH SCHOOL TO DONA CARMEN
DENIA CITY HIGH SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Pied ad Barangay High


School in Davao City is hereby changed to Dona Carmen Denia
City High School.

SEC. 2. This Act shall take effort upon its approval.

Approved, August 11, 1989.

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REPUBLIC ACT NO. 6790

AN ACT CHANGING THE NAME OF THE SAGURONG


ELEMENTARY SCHOOL IN BARANGAY SAGURONG,
MUNICIPALITY OF PILI, PROVINCE OF CAMARINES
SUR, TO SOLEDAD MARASIGAN ELEMENTARY
SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Sagurong Elementary


School situated in Barangay Sagurong, Municipality of Pili,
Province of Camarines Sur, is hereby changed to Soledad
Marasigan Elementary School.

SEC. 2. This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6791

AN ACT CHANGING THE NAME OF THE STA. ISABEL


ELEMENTARY SCHOOL IN BARANGAY STA. ISABEL,
CITY OF SAN PABLO, PROVINCE OF LAGUNA, TO
ANTONIA MANUEL MAGCASE ELEMENTARY
SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Sta. Isabel Elementary


School in Barangay Sta. Isabel, City of San Pablo, Province of
Laguna, is hereby changed to Antonia Manuel Magcase
Elementary School.

SEC. 2 This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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REPUBLIC ACT NO. 6820

AN ACT CHANGING THE NAME OF THE SAN MIGUEL


ELEMENTARY SCHOOL IN THE MUNICIPALITY OF
CALUMPIT, PROVINCE OF BULACAN, TO DAMIANA
DE LEON ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the San Miguel Elementary


School in the Municipality of Calumpit, Province of Bulacan, is
hereby changed to Damiana de Leon Elementary School.

SEC. 2 This Act shall take effect upon its approval.

Approved, December 18, 1989.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 6949

AN ACT TO DECLARE MARCH EIGHT OF EVERY YEAR AS


A WORKING SPECIAL HOLIDAY TO BE KNOWN AS
NATIONAL WOMEN’S DAY.

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The eighth day of March of every year is


hereby declared as a working special holiday to be known as
National Women’s Day.

SEC. 2. To ensure meaningful observance of the holiday


as herein declared, all heads of government agencies and
instrumentalities, including government-owned and controlled
corporations as well as local government units, and employers
in the private sector shall encourage and afford sufficient time
and opportunities for their employees to engage and participate
in any activity conducted within the premises of their respective
offices or establishments to celebrate National Women’s Day.

SEC. 3. This Act shall take effect two (2) days following
its publication in at least two (2) national newspapers of general
circulation.

Approved, April 10, 1990.

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REPUBLIC ACT NO. 6955

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF


MATCHING FILIPINO WOMEN FOR MARRIAGE TO
FOREIGN NATIONALS ON A MAIL ORDER BASIS
AND OTHER SIMILAR PRACTICES, INCLUDING THE
ADVERTISEMENT, PUBLICATION, PRINTING OR
DISTRIBUTION OF BROCHURES, FLIERS AND
OTHER PROPAGANDA MATERIALS IN
FURTHERANCE THEREOF AND PROVIDING
PENALTY THEREFORE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. It is the policy of the State to ensure and


guarantee the enjoyment of the people of a decent standard of
living. Towards this end, the State shall take measures to protect
Filipino women from being exploited in utter disregard of human
dignity in their pursuit of economic upliftment.

SEC. 2. Pursuant thereto, it is hereby declared unlawful:

(a) For a person, natural or juridical, association, club or


any other entity to commit, directly or indirectly, any of the
following acts:

(1) To establish or carry on a business which has for its


purpose the matching of Filipino women for marriage to foreign
nationals either on a mail-order basis or through personal
introduction;

(2) To advertise, publish, print or distribute or cause the


advertisement, publication, printing or distribution of any
brochure, flier, or any propaganda material calculated to
promote the prohibited acts in the preceding subparagraph;

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LEGISLATIVE MEASURES

(3) To solicit, enlist or in any manner attract or induce


any Filipino woman to become a member in any club or
association whose objective is to match women for marriage to
foreign nationals either on a mail-order basis or through
personal introduction for a fee;

(4) To use the postal service to promote the prohibited


acts in subparagraph 1 hereof.

(b) For the manager or officer-in-charge or advertising


manager of any newspaper, magazine, television or radio station,
or other media, or of an advertising agency, printing company
or other similar entities, to knowingly allow, or consent to, the
acts prohibited in the preceding paragraph.

SEC. 3. In case of violation of this Act by an association,


club, partnership, corporation, or any other entity, the incumbent
officers thereof who have knowingly participated in the violation
of this Act shall be held liable.

SEC. 4. Any person found guilty by the court to have


violated any of the acts herein prohibited shall suffer an
imprisonment of not less than six (6) years and one (1) day but
not more than eight (8) years, and a fine of not less than Eight
thousand pesos (P8,000) but not more than Twenty thousand
pesos (P20,000): Provided, That if the offender is a foreigner, he
shall be immediately deported and barred forever from entering
the country after serving his sentence and payment of fine.

SEC. 5. Nothing in this Act shall be interpreted as a


restriction on the freedom of speech and of association for
purposes not contrary to law as guaranteed by the Constitution.

SEC. 6. All laws, decrees, orders, instructions, rules and


regulations, or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

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SEC. 7. This Act shall take effect upon its publication for
two (2) consecutive weeks in a newspaper of general circulation.

Approved, June 13, 1990.

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REPUBLIC ACT NO. 6972

AN ACT ESTABLISHING A DAY CARE CENTER IN EVERY


BARANGAY, INSTITUTING THEREIN A TOTAL
DEVELOPMENT AND PROTECTION OF CHILDREN
PROGRAM, APPROPRIATING FUNDS THEREFORE,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the


“Barangay - Level Total Development and Protection of Children
Act.”

SEC. 2. Declaration of Policy. – It is hereby declared to


be the policy of the State to defend the right of the children to
assistance, including proper care and nutrition, and to provide
them with special protection against all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their
development.

Filipino children up to six (6) years of age deserve the


best care and attention at the family and community levels.
Towards this end, there is hereby established a day care center
in every barangay with a total development and protection of
children program as provided in this Act instituted in every
barangay day care center.

SEC. 3. Program Framework. – The total development


and protection of children program for day care centers shall
be provided for children up to six (6) years of age with the
consent of parents: provided, however, that, in case of abused,
neglected or exploited children, such consent shall not be
required. The program shall include the following:

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(a) Monitoring of registration of births and the completion


of the immunization series for prevention of tuberculosis,
diphtheria, tetanus, measles, poliomyelitis and such other
diseases for which vaccines have been developed for
administration to children up to six (6) years of age;

(b) Growth and nutritional monitoring, with


supplementary nutritional feeding and supervision of
nutritional intake at home;

(c) Care for children of working mothers during the day


and, where feasible, care for children up to six (6) years of age
when mothers are working at night: provided, that the day care
center need not to take care of children in a particular place
but shall develop network of homes where women may take
care of the children up to six (6) years of age of working mothers
during work hours, with adequate supervision from the
supervising social welfare officer of the Department of Social
Welfare and Development: provided, further, that, where young
children are left to the care of paid domestic, an elderly relative
or older children without adequate and competent adult
supervision, the supervising social welfare officer shall provide
such training and adult supervision until the children’s care
meets adequate standards whereby the children under their
care will develop normally as healthy, happy and loved children,
even in the absence of their mothers during working hours;

(d) Materials and network of surrogate mothers-teachers


who will provide intellectual and mental stimulation to the
children, as well as supervised wholesome recreation, with a
balanced program of supervised play, mental stimulation
activities, and group activities with peers;

(e) A sanctuary for abused, neglected or exploited


children either in one child institution in the barangay and/or
network of sanctuary-homes which will take in children in
urgent need of protection due to a situation which endangers

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LEGISLATIVE MEASURES

the child or which has exposed the child to cruelty and abuse:
provided, that the day care center, with the help and support of
the barangay chairman and their barangay-level support
systems, may call upon law enforcement agencies when the child
needs to be rescued from an unbearable home situation;

(f) A referral and support system for pregnant mothers


for prenatal and neonatal care and, in the proper case, for
delivery of the infant under conditions which will remove or
minimize risk to mother and child. Provided, that high-risk
mothers shall be referred to the proper tertiary or secondary
care service personnel and children who are at risk from any
condition or illness will be brought for care: provided, further,
that the day care center shall be alert to illegal abortions and
incompetent and untrained hilots so that they are provided the
needed basic training for normal delivery and are trained to
recognize high-risk pregnancies which should be referred to
competent obstetrical and pediatric medical care for mother
and child who are at risk; and

(g) A support system and network of assistance from


among the members of the barangay for the total development
and protection of children.

Section 4. Implementing Agency. – The program shall be


implemented by the barangay.

The sangguniang barangay may call upon private


volunteers, who are responsible members of the community, and
utilize them to assist in the care of children and provide
consultative services for medical, educational, and other needs
of the children.

SEC. 5. Functions of the Department of Social Welfare


and Development. – The Department shall:

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(a) Formulate the criteria for the selection, qualifications,


and training accreditation of barangay day care workers and
the standards for the implementation of the total development
and protection of children program;

(b) Coordinate activities of nongovernment organizations


with the day care workers and other social workers of the
Department in order that their services may be fully utilized
for the attainment of the program goals; and

(c) Protect and assist abused, neglected or exploited


children and secure proper government assistance for said
children.

SEC. 6. Funds for the Center, the Program and Day Care
Workers. – (a) The funds for the establishment, maintenance
and operation of barangay day care centers shall be appropriated
from the national budget and shall be included in the annual
General Appropriations Act as part of the budget of the
Department of Social Welfare and Development.

(b) The province, city or municipality concerned shall


provide financial assistance for the establishment of every
barangay day care center within their respective locality.

(c) Barangay day care workers in accredited day care


centers shall receive a monthly allowance of not less than Five
hundred pesos (P500.00) to be charged to the annual
appropriations of the Department of Social Welfare and
Development.

(d) In order to carry out the provisions of this Act, the


amount needed for the program and day care workers shall be
appropriated in the General Appropriations Act of the year
following its enactment into law.

(e) A portion of health programs available to the


Philippines under official aid or official debt arrangements from

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foreign countries, the amount to be determined by the Office of


the President, shall be extended in support of the day care
centers.

SEC. 7. Repealing Clause. – All laws, decrees, rules and


regulations, and executive orders contrary to or inconsistent
with this Act are hereby repealed or modified accordingly.

SEC 8. Effectivity. – This Act shall take effect upon its


approval and completion if its publication in at least two (2)
national newspapers of general circulation.

Approved, November 23, 1990.

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REPUBLIC ACT NO. 7077

AN ACT PROVIDING FOR THE DEVELOPMENT,


ADMINISTRATION, ORGANIZATION, TRAINING,
MAINTENANCE AND UTILIZATION OF THE CITIZEN
ARMED FORCE OF THE ARMED FORCES OF THE
PHILIPPINES AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

ARTICLE I
TITLE

SECTION 1. Title. – This Act shall be known as the


“Citizen Armed Force or Armed Forces of the Philippines
Reservist Act.”

XXX XXX XXX

ARTICLE X
UTILIZATION OF THE RESERVE FORCE

SEC. 59. Mobilization. – The utilization of the Reserve


Force in times of emergency to meet threats to national security
shall be through mobilization:

(1) Full Mobilization – Full mobilization shall be through


the joint act of Congress and the President. When full
mobilization is ordered, all units of the Ready and Standby
Reserves will be activated, the reservists constituting them are
called to active duty, and the units activated are placed on
operational readiness. All other reservists not assigned to any
unit or those assigned to reserve pools shall be organized into
replacement units;

(2) Partial Mobilization – Partial mobilization shall be


through the joint act of Congress and the President. When

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LEGISLATIVE MEASURES

partial mobilization is ordered, only the units of the Ready


Reserve as are necessary to meet the threat will be activated,
the reservists assigned to these units are called to active duty
and the activated units are placed on operational readiness.
The President will specify the units to be activated; and

(3) Selective Mobilization – Selective mobilization shall


be by authority of the President. Selective mobilization may be
ordered to meet a local threat or emergency situation. When so
ordered, only selected units of the Ready Reserve of the
localities involved are activated and the reservists assigned to
them are called to active duty; or active auxiliary units are
organized and volunteer reservists are called to active auxiliary
service for the purpose, under such rules and regulations as
the Secretary of National Defense may prescribe.

SEC. 60. Status of Reservists under Mobilization. – An


enlisted or officer reservist when called to active duty by virtue
of mobilization shall receive all the pay and allowances, medical
care, hospitalization and other privileges and benefits
prescribed by law or regulations for officers and enlisted
personnel of the regular force.

SEC. 61. Mobilization Centers. – There shall be


established in each province as many mobilization centers as
needed corresponding to the number and distribution of
reservists in the province to which reservists will report when
mobilization is ordered. The citizen military training centers
in the provinces established under this Act may also be used as
mobilization centers. The Secretary of National Defense, upon
recommendation of the Chief of Staff, AFP and in consultation
with the local executives, shall prescribe the location of the
mobilization centers. The location of these centers shall be given
the widest public information by the local executives.

SEC. 62. Demobilization. – When the threat or emergency


for which mobilization had been ordered has passed, the

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President shall order the demobilization of the reserve units


activated and the reservists of such deactivated units shall be
reverted to the inactive status.

SEC. 63. Auxiliary Service. – For the purpose of helping


maintain local peace and order, meeting local insurgency threat,
assisting in rescue and relief operations during disasters and
calamities, health welfare activities and participating in local
socioeconomic development projects, the President may call
upon the reservists in the affected or concerned localities to
volunteer their services. Such voluntary services shall be
referred to as auxiliary service and shall be of two (2) types:

(1) Civil Auxiliary Service – Civil auxiliary service covers


services rendered in helping maintain law and order, assisting
in rescue and relief operations, participating in socioeconomic
development projects, delivery of health services and any other
nonmilitary activity. Female reservists shall be given greater
participation in this regard. Reservists serving under this
category shall not be armed. Those who have licensed firearms
may be granted permit to carry firearms only when they are
actually performing duties in maintaining peace and order,
provided adequate control measures are instituted by the proper
authorities concerning the carrying and use of firearms. In no
case shall the reservists be vested with police powers.

(2) Military Auxiliary Service – Military auxiliary service


covers services rendered in meeting local insurgency threat.
Reservists serving under this category will be organized into
Ready Reserve units. They must be issued and allowed to carry
firearms: Provided, That these reservists will be utilized only
for the defense of their respective localities and will not be
employed outside their localities. Elected/appointed local
government officials are expected to perform their duties and
responsibilities in their respective peace and order council
levels or similar organizations efficiently and effectively to

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enhance a total integrated system approach against threats to


national security.

The Secretary of National Defense shall prescribe the


rules and regulations to implement this section in coordination
with the Secretary of the Interior and Local Government.

SEC. 64. Status of Reservists on Auxiliary Service. – A


reservist performing auxiliary service shall not receive pay but
shall be entitled to receive allowances and burial benefits as
provided by law. With his consent, a reservist on auxiliary
service, whether civil or military, may continue to render such
service without receiving the allowances due him. A reservist
serving military auxiliary service is subject to military law;
whereas, a reservist serving civil auxiliary service is not.

SEC. 65. Women Reservists. – Women shall have the right


and duty to serve in the AFP. The relevant standards for
admission, training and commissioning of women shall be the
same as those required for men, except for those essential
adjustments in such standards required because of physiological
differences between men and women.

XXX XXX XXX

ARTICLE XII
TRANSITORY PROVISIONS

SEC. 67. Retention of ROTC Units in Colleges and


Universities. – ROTC units in colleges and universities shall
continue with ROTC training in accordance with this Act.

ARTICLE XIII
PENALTIES

SEC. 68. Penalties. – Failure of reservists to respond to


the call to compulsory training or service shall be punishable in
accordance with the Articles of War, and those convicted by a

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court martial shall be liable for imprisonment of not less than


two (2) months to not more than twelve (12) months. Citizens
who fail to register for compulsory military training or who alter
having selected to undergo such training and have been notified
thereof fall to report for training shall, upon conviction by the
civil court, be punishable and liable for imprisonment of not
less than one (1) month to not more than three (3) months.

SEC. 69. Failure to Provide Updated List of Registrants.–


Failure of registrars and canvassers to provide an updated
listing of registrants under their responsibility shall, upon
conviction by the civil court, be punishable and liable for
imprisonment of not less than one (1) month to not more than
three (3) months under Sections 16 and 19 of this Act.

ARTICLE XIV
RESCISSION AND EFFECTIVITY

SEC. 70. Repealing Clause. – All laws, decrees, executive


orders, rules and regulations which are inconsistent or in
conflict with any provision of this Act are hereby repealed or
amended.

SEC. 71. Effectivity. – This Act shall take effect upon its
approval.

Approved, June 27, 1991.

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REPUBLIC ACT NO. 7192

AN ACT PROMOTING THE INTEGRATION OF WOMEN AS


FULL AND EQUAL PARTNERS OF MEN IN
DEVELOPMENT AND NATION BUILDING AND FOR
OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. — This Act shall be cited as the


“Women in Development and Nation Building Act.”

SEC. 2. Declaration of Policy. — The State recognizes


the role of women in nation building and shall ensure the
fundamental equality before the law of women and men. The
State shall provided women rights and opportunities equal to
that of men.

To attain the foregoing policy:

(1) A substantial portion of official development


assistance funds received from foreign governments and
multilateral agencies and organizations shall be set aside and
utilized by the agencies concerned to support programs and
activities for women;

(2) All government departments shall ensure that women


benefit equally and participate directly in the development
programs and projects of said department, specifically those
funded under official foreign development assistance, to ensure
the full participation and involvement of women in the
development process; and

(3) All government departments and agencies shall review


and revise all their regulations, circulars, issuances and
procedures to remove gender bias therein.

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SEC. 3. Responsible Agency. — The National Economic


and Development Authority (NEDA) shall primarily be
responsible for ensuring the participation of women as
recipients in foreign aid, grants and loans. It shall determine
and recommend the amount to be allocated for the development
activity involving women.

SEC. 4. Mandate. — The NEDA, with the assistance of


the National Commission on the Role of Filipino Women, shall
ensure that the different government departments, including
its agencies and instrumentalities which, directly or indirectly,
affect the participation of women in national development and
their integration therein:

(1) Formulate and prioritize rural or countryside


development programs or projects, provide income and
employment opportunities to women in the rural areas and thus,
prevent their heavy migration from rural to urban or foreign
countries;

(2) Include an assessment of the extent to which their


programs and/or projects integrate women in the development
process and of the impact of said programs or projects on women,
including their implications in enhancing the self-reliance of
women in improving their income;

(3) Ensure the active participation of women and women’s


organizations in the development programs and/or projects
including their involvement in the planning, design,
implementation, management, monitoring and evaluation
thereof;

(4) Collect sex-disaggregated data and include such data


in its program/project paper, proposal or strategy;

(5) Ensure that programs and/or projects are designed


so that the percentage of women who receive assistance is

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approximately proportionate to either their traditional


participation in the targeted activities or their proportion of
the population, whichever is higher. Otherwise, the following
should be stated in the program/project paper, proposal or
strategy;

(a) The obstacle in achieving the goal;

(b) The steps being taken to overcome those obstacles;

(c) To the extent that steps are not being taken to


overcome those obstacles, why they are not being taken.

(6) Assist women in activities that are of critical


significance to their self-reliance and development.

SEC. 5. Equality in Capacity to Act. — Women of legal


age, regardless of civil status, shall have the capacity to act and
enter into contracts which shall in every respect be equal to
that of men under similar circumstances.

In all contractual situations where married men have


the capacity to act, married women shall have equal rights.

To this end:

(1) Women shall have the capacity to borrow and obtain


loans and execute security and credit arrangement under the
same conditions as men;

(2) Women shall have equal access to all government and


private sector programs granting agricultural credit, loans and
non-material resources and shall enjoy equal treatment in
agrarian reform and land resettlement programs;

(3) Women shall have equal rights to act as incorporators


and enter into insurance contracts; and

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(4) Married women shall have rights equal to those of


married men in applying for passport, secure visas and other
travel documents, without need to secure the consent of their
spouses.

In all other similar contractual relations, women shall


enjoy equal rights and shall have the capacity to act which shall
in every respect be equal to those of men under similar
circumstances.

SEC. 6. Equal Membership in Clubs. — Women shall


enjoy equal access to membership in all social, civic and
recreational clubs, committees, associations and similar other
organizations devoted to public purpose. They shall be entitled
to the same rights and privileges accorded to their spouses if
they belong to the same organization.

SEC. 7. Admission to Military Schools. — Any provision


of the law to the contrary notwithstanding, consistent with the
needs of the services, women shall be accorded equal
opportunities for appointment, admission, training, graduation
and commissioning in all military or similar schools of the Armed
Forces of the Philippines and the Philippine National Police
not later than the fourth academic year following the approval
of this Act in accordance with the standards required for men
except for those minimum essential adjustments required by
physiological differences between sexes.

SEC. 8. Voluntary Pag-IBIG, GSIS and SSS Coverage. —


Married persons who devote full time to managing the
household and family affairs shall, upon the working spouse’s
consent, be entitled to voluntary Pag-IBIG (Pagtutulungan —
Ikaw, Bangko, Industriya at Gobyerno), Government Service
Insurance System (GSIS) or Social Security System (SSS)
coverage to the extent of one-half (1/2) of the salary and
compensation of the working spouse. The contributions due
thereon shall be deducted from the salary of the working spouse.

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The GSIS or the SSS, as the case may be, shall issue rules
and regulations necessary to effectively implement the
provisions of this section.

SEC. 9. Implementing Rules. — The NEDA, in


consultation with the different government agencies concerned,
shall issue rules and regulations as may be necessary for the
effective implementation of Sections 2, 3 and 4, of this Act within
six (6) months from its effectivity.

SEC. 10. Compliance Report. — Within six (6) months


from the effectivity of this Act and every six (6) months
thereafter, all government departments, including its agencies
and instrumentalities, shall submit a report to Congress on their
compliance with this Act.

SEC. 11. Separability Clause. — If for any reason any


section or provision of this Act is declared unconstitutional or
invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 12. Repealing Clause. — The provisions of Republic


Act No. 386, otherwise known as the Civil Code of the
Philippines, as amended, and of Executive Order No. 209,
otherwise known as the Family Code of the Philippines, and all
laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are hereby
repealed.

SEC. 13. Effectivity Clause. — The rights of women and


all the provisions of this Act shall take effect immediately upon
its publication in the Official Gazette or in two (2) newspapers
of general circulation.

Approved, February 12, 1992.

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REPUBLIC ACT NO. 7285

AN ACT DECLARING FEBRUARY NINETEEN OF EACH


YEAR AS DONA AURORA ARAGON QUEZON DAY A
SPECIAL NONWORKING HOLIDAY IN THE
PROVINCE OF AURORA IN ORDER TO
COMMEMORATE THE BIRTH ANNIVERSARY OF
DONA AURORA ARAGON QUEZON, THE FIRST
PRESIDENT OF THE PHILIPPINE NATIONAL RED
CROSS, AND FOUNDATION DAY OF THE PROVINCE

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. In commemoration of the birth anniversary


of the first President of the Philippine National Red Cross Dona
Aurora Aragon Quezon, and the foundation day of the Province
of Aurora, February Nineteen of each year is hereby declared
as a special nonworking holiday in the said province.

SEC. 2. This Act shall take effect upon its approval.

Approved, March 24, 1992.

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REPUBLIC ACT NO. 7305

THE MAGNA CARTA OF PUBLIC HEALTH WORKERS

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the


“Magna Carta of Public Health Workers”.

XXX XXX XXX

SEC. 29. Leave Benefits for Public Health Workers. –


Public health workers are entitled to such vacation and sick
leaves as provided by existing laws and prevailing practices:
Provided, That in addition to the leave privilege now enjoyed
by public health workers, women health workers are entitled
to such maternity leaves provided by existing laws and
prevailing practices: Provided, further, That upon separation
of the public health workers from service, they shall be entitled
to all accumulated leave credits with pay.

XXX XXX XXX

SEC. 35. Rules and Regulations. – The Secretary of


Health after consultation with appropriate agencies of the
Government as well as professional and health workers’
organizations or unions, shall formulate and prepare the
necessary rules and regulations to implement the provisions of
this Act. Rules and regulations issued pursuant to this Section
shall take effect thirty (30) days after publication in a newspaper
of general circulation.

SEC. 36. Prohibition Against Double Recovery of Benefits.


– Whenever other laws provide for the same benefits covered
by this Act, the public health worker shall have the option to
choose which benefits will be paid to him/her. However, in the

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event that the benefits chosen are less than that provided under
this Act, the worker shall be paid only the difference.

SEC. 37. Prohibition Against Elimination and/or


Diminution – Nothing in this law shall be construed to eliminate
or in any way diminish benefits being enjoyed by public health
workers at the time of the effectivity of this Act.

SEC. 38. Budgetary Estimates. – The Secretary of Health


shall submit annually the necessary budgetary estimates to
implement the provisions of this Act in staggered basis of
implementation of the proposed benefits until the total of Nine
hundred forty-six million six hundred sixty-four thousand pesos
(P946,664,000.00) is attained within five (5) years. Budgetary
estimates for the succeeding years should be reviewed and
increased accordingly by the Secretary of Health in consultation
with the Department of Budget and Management and the
Congressional Commission on Health (HEALTHCOM).

SEC. 39. Penal Provision. – Any person who shall willfully


interfere with, restrain or coerce any public health worker in
the exercise of his/her rights or shall in any manner commit
any act in violation of any of the provisions of this Act, upon
conviction, shall be punished by a fine of not less than Twenty
thousand pesos (P20,000.00) but not more than Forty thousand
pesos (P40,000.00) or imprisonment of not more than one (1)
year or both at the discretion of the court.

If the offender is a public official, the court, in addition


to the penalties provided in the preceding paragraph, may
impose the additional penalty of disqualification from office.

SEC. 40. Separability Clause. – If any provision of this


Act is declared invalid, the remainder of this Act or any provision
not affected thereby shall remain in force and effect.

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SEC. 41. Repealing Clause. – All laws, presidential


decrees, executive orders and their implementing rules,
inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 42. Effectivity. – This Act shall take effect fifteen


(15) days after its publication in at least two (2) national
newspapers of general circulation.

Approved, March 26, 1992.

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REPUBLIC ACT NO. 7314

AN ACT CHANGING THE NAME OF THE STA. ANA


ELEMENTARY SCHOOL IN BARANGAY STA. ANA,
MUNICIPALITY OF ESCALANTE, PROVINCE OF
NEGROS OCCIDENTAL, TO ROSARIO C. VALDIVIA
ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Sta. Ana Elementary School


in Barangay Sta. Ana, Municipality of Escalante, Province of
Negros Occidental, is hereby changed to Rosario C. Valdivia
Elementary School.

SEC. 2. This Act shall take effect upon its approval.

Approved, March 30, 1992.

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REPUBLIC ACT NO. 7322

AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF


WOMEN WORKERS IN THE PRIVATE SECTOR,
AMENDING FOR THE PURPOSE SECTION 14-A OF
REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section 14-A of Republic Act No. 1161, as


amended, is further amended to read as follows:

“SEC. 14-A. Maternity Leave Benefit. – A covered female


employee who has paid at least three monthly maternity
contributions in the twelve-month period preceding the
semester of her childbirth, abortion or miscarriage and who is
currently employed shall be paid a daily maternity benefit
equivalent to one hundred percent (100%) of her present basic
salary, allowances and other benefits or the cash equivalent of
such benefits for sixty (60) days 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) That the payment shall be advanced by the employer


in two equal installments within thirty (30) days from the filing
of the maternity leave application:

“(c) That in case of caesarian delivery, the employee shall


be paid the daily maternity benefit for seventy-eight (78) days;

“(d) That payment of daily maternity benefits shall be a


bar to the recovery of sickness benefits provided by this Act for

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the same compensable period of sixty (60) days for the same
childbirth, abortion, or miscarriage;

“(e) That the maternity benefits provided under this


Section shall be paid only for the first four deliveries after March
13, 1973;

“(f) 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

“(g) That if an employee should give birth or suffer


abortion or 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 would otherwise have been entitled to, and the SSS
shall in turn pay such amount to the employee concerned.”

SEC. 2. Nothing in this Act shall be construed as to


diminish existing maternity benefits under present laws and
collective bargaining agreements.

SEC. 3. All laws, executive orders, proclamations,


presidential decrees, rules and regulations, and other issuances,
or parts hereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

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

Approved, March 30, 1992.

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REPUBLIC ACT NO. 7382

AN ACT CHANGING THE NAME OF THE LAYOG


BARANGAY NATIONAL HIGH SCHOOL IN
BARANGAY LAYOG, MUNICIPALITY OF MAASIN,
PROVINCE OF ILOILO, TO AUREA BELONIA
MEMORIAL HIGH SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Layog Barangay National


High School in Barangay layog, Municipality of Maasin, Province
of Iloilo, is hereby changed to Aurea Belonia Memorial High
School.

SEC. 2. This Act shall take effect upon its approval.

Approved, April 10, 1992.

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REPUBLIC ACT NO. 7392

AN ACT REVISING REPUBLIC ACT NO. 2644, AS AMENDED,


OTHERWISE KNOWN AS THE PHILIPPINE
MIDWIFERY ACT

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

ARTICLE I – TITLE

SECTION 1. Title. – This Act shall be known as the


“Philippine Midwifery Act of 1992”.

XXX XXX XXX

SEC. 23. Practice of Midwifery Defined. – The practice


of mid-wifery consist in performing or rendering, or offering to
perform or render, for a fee, salary, or other reward or
compensation, services requiring an understanding of the
principles and application of procedures and techniques in the
supervision and care of women during pregnancy, labor and
puerperium management of normal deliveries, including the
performance of internal examination during labor except when
patient is with antenatal bleeding; health education of the
patient, family and community; primary health care services in
the community, including nutrition and family planning in
carrying out the written order of physicians with regard to
antenatal, intra-natal and post-natal care of the normal
pregnant mother in giving immunization, including oral and
parenteral dispensing of oxitoxic drug after delivery of placenta,
suturing perenial lacerations to control bleeding, to give
intravenous fluid during obstetrical emergencies provided they
have been trained for that purpose; and may inject Vitamin K
to the newborn: Provided, however, That this provision shall
not apply to students in midwifery schools who perform

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midwifery services under the supervision of the instructors, nor


to emergency cases.

XXX XXX XXX

SEC. 28. Repealing Clause. – Republic Act Numbered Two


Thousand Six Hundred and Forty-four is hereby repealed and
all laws, decrees, orders, instructions, rules and regulations and
other issuances or parts thereof inconsistent with this Act are
likewise repealed or amended accordingly.

SEC. 29. Separability Clause. – If for any reason, any part


or section of this Act shall be declared unconstitutional or
invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 30. Effectivity Clause. – This Act shall take effect


upon completion of its publication in at least two (2) national
newspapers of general circulation.

Approved, April 10, 1992.

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REPUBLIC ACT NO. 7432

AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR


CITIZENS TO NATION BUILDING, GRANT BENEFITS
AND SPECIAL PRIVILEGES AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Declaration of Policies and Objectives. –


Pursuant to Article XV. Section 4 of the Constitution, it is the
duty of the family to take care of its elderly members while the
State may design programs of social, security for them. In
addition to this, Section 10 in the Declaration of Principles and
State Policies provides:” The State shall provide social justice
in all phases of national development”. Further Article XII,
Section 11 provides: “The State shall adopt an integrated and
comprehensive approach to health development which shall
endeavor to make essential goods, health and other social
services available to all people at affordable cost. There shall
be priority for the needs of the underprivileged, sick, elderly,
disabled, women and children.” Consonant with these
constitutional principles the following are the declared policies
of this Act:

a) to motivate and encourage the senior citizens to


contribute to nation building;

b) to encourage their families and the communities they


live with to reaffirm the valued Filipino tradition of caring for
the senior citizens.

In accordance with these policies, this Act aims to:

1) establish mechanisms whereby our senior citizens are


maximized;

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LEGISLATIVE MEASURES

2) adopt measure whereby our senior citizens are assisted


and appreciated by the community as a whole;

3) establish a program beneficial to the senior citizens,


their families and the rest of the community that they serve.

XXX XXX XXX

SEC. 12. Repealing Clause. – All provisions of law, orders,


decrees, including rules and regulations inconsistent herewith
are hereby repealed and/or modified accordingly.

SEC. 13. Separability Clause. – If any part or provision


of this Act shall be held to be unconstitutional or invalid, other
provisions hereof which are not affected thereby shall continue
to be in full force and effect.

SEC. 14. Effectivity. – This Act shall take effect fifteen


(15) days following its publication in one (1) national newspaper
of general circulation.

Approved, April 23, 1992.

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REPUBLIC ACT NO. 7433

AN ACT CHANGING THE NAME OF THE SURIGAO DEL


SUR PROVINCIAL HOSPITAL IN THE MUNICIPALITY
OF TANDAG, PROVINCE OF SURIGAO DEL SUR, TO
ADELA SERRA TY MEMORIAL HOSPITAL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress Assembled:

SECTION 1. The name of the Surigao del Sur Provincial


Hospital in the Municipality of Tandag, Province of Surigao del
Sur, is hereby changed to Adela Serra Ty Memorial Hospital.

SEC. 2. This Act shall take effect upon its approval.

Approved, April 23, 1992.

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REPUBLIC ACT NO. 7490

AN ACT CHANGING THE NAME OF THE BARANGAY


CABUNGAHAN HIGH SCHOOL IN BARANGAY
CABUNGAHAN, MUNICIPALITY OF MAAYON,
PROVINCE OF CAPIZ, TO FLORENTINA BATOAMPO
DEGALA MEMORIAL HIGH SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Barangay Cabungahan


High School in Barangay Cabungahan Municipality of Maayon,
Province of Capiz, is hereby changed to Florentina Batoampo
Degala Memorial High School.

SEC 2. This Act shall effect upon its approval.

Approved, May 13, 1992.

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REPUBLIC ACT NO. 7600

AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT


AND PRIVATE HEALTH INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as “The


Rooming-In and Breastfeeding Act of 1992”.

SEC. 2. Declaration of Policy. – The State adopts rooming-


in as a national policy to encourage, protect and support the
practice of breastfeeding. It shall create an environment where
basic physical, emotional, and psychological needs of mothers
and infants are fulfilled through the practice of rooming-in and
breastfeeding.

Breastfeeding has distinct advantages which benefit the


infant and the mother, including the hospital and the country
that adopt its practice. It is the first preventive health measure
that can be given to the child at birth. It also enhances mother-
infant relationship. Furthermore, the practice of breastfeeding
could save the country valuable foreign exchange that may
otherwise be used for milk importation.

Breastmilk is the best food since it contains essential


nutrients completely suitable for the infant’s needs. It is also
nature’s first immunization, enabling the infant to fight potential
serious infection. It contains growth factors that enhance the
maturation of an infant’s organ systems.

SEC. 3. Definition of Terms. – For purposes of this Act,


the following definitions are adopted:

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a) Age of gestation - the length of time the fetus is inside


the fetus is inside the mother’s womb.

b) Bottlefeeding - the method of feeding an infant using


a bottle with artificial nipples, the contents of which can be any
type of fluid.

c) Breastfeeding - the method of feeding an infant


directly from the human breast.

d) BreastmiIk - The human milk from a mother.

e) Expressed breastmilk - the human milk which has


been extracted from the breast by hand or by breast pump. It
can be fed to an infant using a dropper, a nasogatric tube, a cup
and spoon, or a bottle.

f) Formula feeding - the feeding of a newborn with


infant formula usually by bottlefeeding. It is also called artificial
feeding.

g) Health institutions - are hospitals, health infirmaries,


health centers, lying-in centers, or puericulture centers with
obstetrical and pediatric services.

h) Health personnel - are professionals and workers who


manage and/or administer the entire operations of health
institutions and/or who are involved in providing maternal and
child health services.

i) Infant - a child within zero (0) to twelve (12) months


of age.

j) Infant formula - the breastmilk substitute formulated


industrially in accordance with applicable Codex Alimentarius
standards, to satisfy the normal nutritional requirements of
infants up to six (6) months of age, and adopted to their
physiological characteristics.

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k) Lactation Management – the general care of a


mother-infant nursing couple during the mother’s prenatal,
immediate postpartum and postnatal periods. It deals with
educating and providing knowledge and information to pregnant
and lactating mothers on the advantages of breastfeeding the
physiology of lactation, the establishment and maintenance of
lactation, the proper care of the breasts and nipples, and such
other matters that would contribute to successful breastfeeding.

l) Low birth weight infant - a newborn weighing less


than two thousand five hundred (2,500) grams at birth.

m) Mother’s milk - the breastmilk from the newborn’s


own mother.

n) Rooming-in - the practice of placing the newborn in


the same room as the mother right after delivery up to discharge
to facilitate mother-infant bonding and to initiate breastfeeding.
The infant may either share the mother’s bed or be placed in a
crib beside the mother.

o) Seriously ill mothers - are those who are: with severe


infections; in shock; in severe cardiac or respiratory distress;
or dying; or those with other conditions that may be determined
by the attending physician as serious.

p) Wet-nursing - the feeding of a newborn from another


mother’s breast when his/her own mother cannot breastfeed.

CHAPTER I

ROOMING-IN AND BREASTFEEDING OF INFANTS

SEC. 4. Applicability. – The provisions in this Chapter


shall apply to all private and government health institutions
adopting rooming-in and breastfeeding as defined in this Act.

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LEGISLATIVE MEASURES

SEC. 5. Normal Spontaneous Deliveries. – The following


newborn infants shall be put to the breast of the mother
immediately after birth and forthwith roomed-in within thirty
(30) minutes:

a) well infants regardless of age of gestation; and

b) infants with low birth weights but who can suck.

SEC. 6. Deliveries by Caesarian. – Infants delivered by


caesarian section shall be roomed-in and breastfed within three
(3) to four (4) hours after birth.

SEC. 7. Deliveries Outside Health Institutions. –


Newborns delivered outside health institutions whose mothers
have been admitted to the obstetrics department/unit and who
both meet the general conditions stated in Section 5 of this Act,
shall be roomed-in and breastfed immediately.

SEC. 8. Exemptions. – Infants whose conditions do not


permit rooming-in and breastfeeding as determined by the
attending physician and infants whose mothers are either. a)
seriously ill; b) taking medications contraindicated to breast
feeding; c) violent psychotics; or d) whose conditions do not
permit breastfeeding and rooming-in as determined by the
attending physician shall be exempted from the provisions of
Sections 5, 6, and 7: Provided, That these infants shall be fed
expressed breastmilk or wet-nursed as may be determined by
the attending physician.

SEC. 9. Right of the Mother to Breastfeed. – It shall be


the mother’s right to breastfeed her child who equally has the
right to her breastmilk. Bottlefeeding shall be allowed only after
the mother has been informed by the attending health personnel
of the advantages of breastfeeding and the proper techniques

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of infant formula feeding and the mother has opted in writing


to adopt infant formula feeding for her infant.

CHAPTER II
HUMAN MILK BANK

SEC. 10. Provision of Facilities for Breastmilk Collection


and Storage. – The health institution adopting rooming-in and
breastfeeding shall provide equipment, facilities, and supplies
for breastmilk collection, storage and utilization, the standards
of which shall be defined by the Department of Health.

CHAPTER III
INFORMATION, EDUCATION AND RE-EDUCATION
DRIVE

SEC. 11. Continuing Education, Re-education and


Training of Health Personnel. – The Department of Health with
the assistance of other government agencies, professional and
non-governmental organizations shall conduct continuing
information, education, re-education and training programs for
physicians, nurses, midwives, nutritionist-dietitians,
community health workers and traditional birth attendants
(TBAs) and other health personnel on current and updated
lactation management. Information materials shall be given to
all health personnel involved in maternal and infant care in
health institutions.

SEC. 12. Information Disseminations to Pregnant


Women. – During the prenatal, perinatal and postnatal
consultations and/or confinements of the mothers or pregnant
women in a health institution, it shall be the obligation of the
health institution and the health personnel to immediately and
continuously teach, train, and support the women on current
and updated lactation management and infant care, through
participatory strategies such as organization of mothers’ clubs

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LEGISLATIVE MEASURES

and breastfeeding support groups and to distribute written


information materials on such matters free of charge.

CHAPTER IV
MISCELLANEOUS PROVISIONS

SEC. 13. Incentives . – The expenses incurred by a


private health institution in complying with the provisions of
this Act, shall be deductible expenses for income tax purposes
up to twice the actual amount incurred: Provided, That the
deduction shall apply for the taxable period when the expenses
were incurred: Provided, further, That the hospital shall comply
with the provisions of this Act within six (6) months after its
approval.

Government health institutions shall receive an


additional appropriation equivalent to the savings they may
derive as a result of adopting rooming-in and breastfeeding.
The additional appropriation shall be included in their budget
for the next fiscal year.

SEC. 14. Sanctions. – The Secretary of Health is hereby


empowered to impose sanctions for the violation of this Act
and the rules issued there under. Such sanctions may be in the
form of reprimand or censure and in cases of repeated willful
violations, suspension of the permit to operate of the erring
health institution.

SEC. 15. Rules and Regulations – The Secretary of Health


in consultation with other government agencies, professional
and non- governmental organizations concerned shall
promulgate the rules and regulations, necessary to carry out
the provisions of this Act.

SEC. 16. Repealing Clause. – All acts, laws, decrees,


executive orders, rules and regulations or parts thereof which

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are contrary to or inconsistent with this Act are hereby repealed,


amended, or modified accordingly.

SEC. 17. Separability Clause. – If any clause, sentence,


paragraph or part of this Act shall be declared to be invalid,
the remainder of this Act or any provision not affected there by
shall remain in force and effect

SEC. 18. Effectivity. – This Act shall take effect one


hundred twenty (120) days after publication in at least two (2)
newspapers of general circulation.

Approved, June 02, 1992.

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REPUBLIC ACT NO. 7615

AN ACT CHANGING THE NAME OF THE PANTOK-


PALANGOY ELEMENTARY SCHOOL IN THE
MUNICIPALITY OF BINANGONAN, PROVINCE OF
RIZAL, TO SUSANA MADRIGAL MEMORIAL
ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Pantok-Palangoy


Elementary School in the Municipality of Binangonan, Province
of Rizal, is hereby changed to Susana Madrigal Memorial
Elementary School.

SEC. 2. This Act shall take effect upon its approval.

Approved, June 19, 1992.

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REPUBLIC ACT NO. 7688

AN ACT GIVING REPRESENTATION TO WOMEN IN THE


SOCIAL SECURITY COMMISSION, AMENDING FOR
THE PURPOSE SECTION 3 (A) OF REPUBLIC ACT NO.
1161, AS AMENDED

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section 3 (a) of Republic Act No. 1161, as


amended, is hereby further amended to read as follows:

“SEC. 3. Social Security System – (a) To carry out the


purposes of this ACT, the Social Security System with principal
place of business in Metro Manila, Philippines, is hereby
created. The SSS shall be directed and controlled by a Social
Security Commission composed of the Secretary of Labor and
Employment, the SSS Administrator and seven appointive
members, three of whom shall represent the labor group, one of
whom shall be a woman, three, the management group, one of
whom shall be a woman and one, the general public, to be
appointed by the President of the Philippines. The Chairman
of the Commission shall be designated by the President from
among its members. The term of the appointive members shall
be three years: Provided, That the terms of the first six
appointive members shall be one, two and three years for every
two members, respectively.

All vacancies, except through the expiration of the term,


shall be filled for the unexpired term only. The appointive
members of the Commission shall receive One thousand five
hundred pesos per diem for each meeting actually attended by
them: Provided, That no compensation shall be paid for more
than eight meetings a month. Members of the Commission who
hear cases pending before the Commission shall also receive
per diem of One thousand five hundred pesos.”

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LEGISLATIVE MEASURES

SEC. 2. This Act shall take effect upon its approval.

Approved, March 03, 1994.

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REPUBLIC ACT NO. 7702

AN ACT CHANGING THE NAME OF THE BUCAY


NATIONAL GENERAL HIGH SCHOOL IN THE
MUNICIPALITY OF BUCAY, PROVINCE OF ABRA, TO
CRISTINA B. GONZALES MEMORIAL HIGH SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Bucay National General High


School in the Municipality of Bucay, Province of Abra, is hereby
changed to Cristina B. Gonzales Memorial High School.

SEC. 2. This Act shall take effect upon its approval.

Approved,

** Lapsed into law without the signature of the President pursuant to Article VI,
Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 7708

AN ACT CHANGING THE NAME OF THE ANGELINA


DUMAJEL ELEMENTARY SCHOOL IN THE
MUNICIPALITY OF KALAWIT, ZAMBOANGA DEL
NORTE, TO BATAYAN ELEMENTARY SCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the Angelina Dumajel


Elementary School in the Municipality of Kalawit, Province of
Zamboanga del Norte, is hereby changed to Batayan Elementary
School.

SEC. 2. This Act shall take effect upon its publication in


at least two (2) national newspapers of general circulation.

**Lapsed into law without the signature of the President


pursuant to Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 7796

AN ACT CREATING THE TECHNICAL EDUCATION AND


SKILLS DEVELOPMENT AUTHORITY, PROVIDING
FOR ITS POWERS, STRUCTURE AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the


“Technical Education and Skills Development Act of 1994” or
the “TESDA Act of 1994.”

XXX XXX XXX

SEC. 7. Composition of the TESDA Board. – The TESDA


Board shall be composed of the following:

The Secretary of Labor and Employment Chairperson

Secretary of Education, Culture and Sports Co-


Chairperson

Secretary of Trade and Industry Co-Chairperson

Secretary of Agriculture Member

Secretary of Interior and Local Government Member

Director-General of the TESDA Secretariat Member

In addition, the President of the Philippines shall appoint


the following members from the private sector: two (2)
representatives, from the employer/industry organization, one
of whom shall be a woman; three (3) representatives, from the
labor sector, one of whom shall be a woman, and two (2)
representatives of the national associations of private technical-
vocational education and training institutions, one of whom shall

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LEGISLATIVE MEASURES

be a woman. As soon as all the members of the private sector


are appointed, they shall so organize themselves that the term
of office of one-third (1/3) of their number shall expire every
year. The member from the private sector appointed thereafter
to fill vacancies caused by expiration of terms shall hold office
for three (3) years.

The President of the Philippines may, however, revise


the membership of the TESDA Board, whenever the President
deems it necessary for the effective performance of the Board’s
functions through an administrative order.

The TESDA Board shall meet at least twice a year, or as


frequently as deemed necessary by its Chairperson. In the
absence of the Chairperson, a Co-Chairperson shall preside. In
case any member of the Board representing the Government
cannot attend the meeting, he or she shall be regularly
represented by an undersecretary or deputy-director general,
as the case may be, to be designated by such member for the
purpose.

The benefits, privileges and emoluments of the Board


shall be consistent with existing laws and rules.

XXX XXX XXX

SEC. 34. Transitory Provisions. – a) Within two (2) months


after the approval of this Act, the President shall, in consultation
with the Secretary of Labor and Employment and the Secretary
of Education, Culture and Sports, appoint the private sector
representatives of the TESDA Board.

b) Within three (3) months after the appointment of the


private sector representatives, the President shall, upon the
recommendation of the Board, appoint the Director-General.

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c) Within four (4) months after the appointment of the


Director-General, the Board shall convene to determine the
organizational structure and staffing pattern of the Authority.

d) Within one (1) year after the organization of the


Authority, the Board shall commission an expert group on
funding schemes for the TESDA Development Fund, as provided
in Section 31, the results of which shall be used as the basis for
appropriate action by the Board.

e) The personnel of the existing National Manpower and


Youth Council (NMYC) of the Department of Labor and
Employment and the Bureau of Technical and Vocational
Education (BTVE) of the Department of Education, Culture and
Sports, shall, in a holdover capacity, continue to perform their
respective duties and responsibilities and receive their
corresponding salaries and benefits until such time when the
organizational structure and staffing pattern of the Authority
shall have been approved by the Board: Provided, That the
preparation and approval of the said new organizational
structure and staffing pattern shall, as far as practicable, respect
and ensure the security of tenure and seniority rights of affected
government employees.

Those personnel whose positions are not included in the


new staffing pattern approved by the Board or who are not
reappointed or who choose to be separated as a result of the
reorganization shall be paid their separation or retirement
benefits under existing laws.

SEC. 35. Automatic Review. – Every five (5) years, after


the effectivity of this Act, an independent review panel composed
of three (3) persons appointed by the President shall review
the performance of the Authority and shall make
recommendations, based on its findings to the President and to
both Houses of Congress.

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LEGISLATIVE MEASURES

SEC. 36. Implementing Rules and Guidelines. – The


TESDA Board shall issue, within a period of ninety (90) days
after the effectivity of this Act, the rules and regulations for the
effective implementation of this Act.

The TESDA Board shall submit to the Committees on


Education, Arts and Culture of both Houses of Congress copies
of the implementing rules and guidelines within thirty (30) days
after its promulgation.

Any violation of this Section shall render the official/s


concerned liable under R.A. No. 6713, otherwise known as the
“Code of Conduct and Ethical Standards for Public Officials and
Employees” and other existing administrative and/or criminal
laws.

SEC. 37. Repealing Clause. – All laws, presidential


decrees, executive orders, presidential proclamations, rules and
regulations or parts thereof contrary to or inconsistent with
this Act are hereby repealed or modified accordingly.

SEC. 38. Separability Clause. – If any provision of this


Act is declared unconstitutional, the same shall not affect the
validity and effectivity of the other provisions hereof.

SEC. 39. Effectivity. – This Act shall take effect fifteen


(15) days after its complete publication in two (2) newspapers
of general circulation.

Approved, August 25, 1994.

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REPUBLIC ACT NO. 7845

AN ACT APPROPRIATING FUNDS FOR THE OPERATION


OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND NINETY-
FIVE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, nineteen hundred and ninety-five,
except where otherwise specifically provided herein:

XXX XXX XXX

SEC. 27. Gender-Responsive Projects. – All departments,


bureaus, offices and agencies shall set aside an amount out of
their 1995 appropriations to be used for projects designed to
address gender issues in accordance with R.A. No. 7192.

The concerned departments, bureaus, offices and


agencies shall submit reports to the National Commission on
the Role of Filipino Women through the Department of Budget
and Management, indicating the amounts utilized to implement
such Gender-responsive projects and activities.

The implementation of this Section shall be in accordance


with the guidelines to be jointly issued by the National
Commission on the Role of Filipino Women, the National
Economic and Development Authority and the Department of
Budget and Management.

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LEGISLATIVE MEASURES

XXX XXX XXX

SEC. 72. Report on Compliance with COA


Recommendations. – All departments, agencies, bureaus, offices
and instrumentalities of the government, including government
owned or controlled corporations and local government units,
shall submit to the Commission on Audit (COA) within sixty
(60) days from their receipt of the COA annual audit report, a
status report on the actions they have taken on the audit
findings and recommendations made by the COA pertaining to
each of said departments, agencies, instrumentalities,
corporations and local government units.

SEC. 73. Submission of Quarterly Reports. – Within thirty


(30) days after the end of each quarter, each department, bureau,
office or agency shall submit a quarterly report to the House
Committee on Appropriations and the Senate Committee on
Finance, copy furnished the Department of Budget and
Management, the Commission on Audit, and the appropriate
Committee Chairman of the House of Representatives on their
cumulative allotments, obligations incurred/liquidated, total
disbursements, unliquidated obligations, unobligated and
unexpended balances, and the results of expended
appropriations.

The quarterly report shall include detailed statements


on the disbursements and utilization of appropriations for the
purchase of motor vehicles and equipment, capital investment
outlays, as well as appropriations earmarked and released for
rentals, travels, petroleum, oil and lubricants, water,
illumination and power services, and telephone and other
communication services.

Likewise, the Department of Budget and Management


shall submit to the House Committee on Appropriations, the
Senate Committee on Finance and the appropriate Committee
Chairman of the House of Representatives a quarterly report

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on releases made from the lump-sum Special Purpose Funds,


Supplemental Appropriations, Continuing Appropriations and
Automatic Appropriations, and, as applicable, the unreleased
balances of such appropriations.

SEC. 74. Separability Clause. – If for any reason any


section or provision of this Act is declared unconstitutional or
invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 75. Effectivity. – The provisions of this Act shall


take effect on January one, nineteen hundred and ninety-five,
unless otherwise provided herein.

Approved, December 30, 1994.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 7875

AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE


PROGRAM FOR ALL FILIPINOS AND ESTABLISHING
THE PHILIPPINE HEALTH INSURANCE
CORPORATION FOR THE PURPOSE

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 “National Health Insurance Act of 1995.”

ARTICLE I
GUIDING PRINCIPLES

SEC. 2. Declaration of Principles and Policies. – Section


11, Article XIII of the 1987 Constitution of the Republic of the
Philippines declares that the State shall adopt an integrated
and comprehensive approach to health development which shall
endeavor to make essential goods, health and other social
services available to all the people at affordable cost. Priority
for the needs of the underprivileged, sick, elderly, disabled,
women, and children shall be recognized. Likewise, it shall be
the policy of the State to provide free medical care to paupers.

In the pursuit of a National Health Insurance Program,


this Act shall adopt the following guiding principles:

(a) Allocation of National Resources for Health – The


Program shall underscore the importance for government to
give priority to health as a strategy for bringing about faster
economic development and improving quality of life.

XXX XXX XXX

(o) Public Health Services – The Government shall be


responsible for providing public health services for all groups

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such as women, children, indigenous people, displaced


communities and communities in environmentally endangered
areas, while the Program shall focus on the provision of personal
health services. Preventive and promotive public health services
are essential for reducing the need and spending for personal
health services;

(p) Quality of Services - The Program shall promote the


improvement in the quality of health services provided through
the institutionalization of programs of quality assurance at all
levels of the health service delivery system. The satisfaction of
the community, as well as individual beneficiaries, shall be a
determinant of the quality of service delivery;

XXX XXX XXX

SEC. 3. General Objectives. – This Act seeks to:

(a) provide all citizens of the Philippines with the


mechanism to gain financial access to health services;

(b) create the National Health Insurance Program,


hereinafter referred to as the Program, to serve as the means
to help the people pay for health care services;

(c) prioritize and accelerate the provision of health


services to all Filipinos, especially that segment of the
population who cannot afford such services; and

(d) establish the Philippine Health Insurance


Corporation, hereinafter referred to as the Corporation, that
will administer the Program at central and local levels.

ARTICLE II
DEFINITION OF TERMS

SEC. 4. Definition of Terms. – For the purpose of this


Act, the following terms shall be defined as follows:

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LEGISLATIVE MEASURES

(a) Beneficiary -Any person entitled to health care


benefits under this Act.

(b) Benefit Package - Services that the Program offers to


its members.

(c) Capitation - A payment mechanism where a fixed rate,


whether per person, family, household, or group, is negotiated
with a health care provider who shall be responsible for
delivering or arranging for the delivery of health services
required by the covered person under the conditions of a health
care provider contract.

(d) Contribution - The amount paid by or in behalf of a


member to the Program for coverage, based on salaries or wages
in the case of formal sector employees, and on household
earnings and assets, in the case of the self-employed, or on other
criteria as may be defined by the Corporation in accordance
with the guiding principles set forth in Article I of this Act.

(e) Coverage - The entitlement of an individual, as a


member or as a dependent, to the benefits of the Program.

(f) Dependent - The legal dependents of a member are:


1) the legitimate spouse who is not a member; 2) the unmarried
and unemployed legitimate, legitimated, illegitimate,
acknowledged children as appearing in the birth certificate;
legally adopted or stepchildren below twenty-one (21) years of
age; 3) children who are twenty-one (21) years old or above but
suffering from congenital disability, either physical or mental,
or any disability acquired that renders them totally dependent
on the member for support; 4) the parents who are sixty (60)
years old or above whose monthly income is below an amount
to be determined by the Corporation in accordance with the
guiding principles set forth in Article I of this Act.

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(g) Diagnostic Procedure - Any procedure to identify a


disease or condition through analysis and examination.

(h) Emergency - An unforeseen combination of


circumstances which calls for immediate action to preserve the
life of a person or to preserve the sight of one or both eyes; the
hearing of one or both ears; or one or two limbs at or above the
ankle or wrist.

(i) Employee - Any person who performs services for an


employer in which either or both mental and physical efforts
are used and who receives compensation for such services,
where there is an employer-employee relationship.

(j) Employer - A natural or juridical person who employs


the services of an employee.

(k) Enrollment - The process to be determined by the


Corporation in order to enlist individuals as members or
dependents covered by the Program.

(l) Fee for Service - A reasonable and equitable health


care payment system under which physicians and other health
care providers receive a payment that does not exceed their
billed charge for each unit of service provided.

(m) Global Budget - An approach to the purchase of


medical services by which health care provider negotiations
concerning the costs of providing a specific package of medical
benefits is based solely on a predetermined and fixed budget.

(n) Government Service Insurance System – The


Government Service Insurance System created under
Commonwealth Act No. 186, as amended.

(o) Health Care Provider - Refers to:

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LEGISLATIVE MEASURES

(1) a health care institution, which is duly licensed and


accredited devoted primarily to the maintenance and operation
of facilities for health promotion, prevention, diagnosis,
treatment, and care of individuals suffering from illness, disease,
injury, disability or deformity, or in need of obstetrical or other
medical and nursing care. It shall also be construed as any
institution, building, or place where there are installed beds,
cribs, or bassinets for twenty-four hour use or longer by patients
in the treatment of diseases, injuries, deformities, or abnormal
physical and mental states, maternity cases or sanitarial care,
or infirmaries, nurseries, dispensaries, and such other similar
names by which they may be designated; or

SEC. 56. Separability Clause. – In the event any provision


of this Act or the application of such provision to any person or
circumstances is declared invalid, the remainder of this Act or
the application of said provisions to other persons or
circumstances shall not be affected by such declaration.

SEC. 57. Repealing Clause. – Executive Order 119,


Presidential Decree 1519 and other laws currently applying to
the administration of Medicare are hereby repealed. All other
laws, executive orders, administrative rules and regulations or
parts thereof which are inconsistent with the provisions of this
Act are also hereby amended, modified, or repealed accordingly.

SEC. 58. Government Guarantee. – The Government of


the Philippines guarantees the financial viability of the Program.

SEC. 59. Effectivity. – This Act shall take effect fifteen


(15) days after its publication in at least three (3) national
newspapers of general circulation.

Approved, February 14, 1995.

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REPUBLIC ACT NO. 7882

AN ACT PROVIDING ASSISTANCE TO WOMEN ENGAGING


IN MICRO AND COTTAGE BUSINESS ENTERPRISES,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Objective of the Act. – It is hereby declared


to be the objective of this Act to provide all possible assistance
to Filipino women in their pursuit of owning, operating and
managing small business enterprises.

SEC. 2. Coverage of the Act.·– All women who are citizens


of the Philippines, at least eighteen (18) years of age, regardless
of civil status, shall enjoy the benefits provided in this Act.

SEC. 3. Women With Existing Micro and Cottage


Business. – Any woman who, at time of ’ the effectivity of this
Act shall have been engaged for at least one (1) year in any micro
and cottage business, with a daily inventory of goods worth not
more than Twenty-five thousand pesos (P25,000) or with any
business equipment with a book value of not more than Fifty
thousand pesos (P50,000) shall have priority to obtain a loan
not exceeding the value of her business equipment, at prime
interest rate or at the rate of twelve percent (12%) per annum,
whichever is lower from any government financing institution.
Provided , That only women with good track record in sales
shall be eligible to obtain such loan.

SEC. 4. Business Learner. – All woman who shall have


been certified, after appropriate training, by the Technical
Education and Skills Development Authority (TESDA), or any
government or government-accredited training institution as
eligible to operate a micro and cottage business with a maximum
capitalization of Twenty-five thousand pesos (P25,000) shall

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LEGISLATIVE MEASURES

likewise be eligible in obtaining a loon under the same conditions


as provided in the preceding Section: Provided, That no loan
for the operation of a retail store shall be granted : Provided,
further, That the loan shall be limited to the purchase or the
basic equipment, tools and materials: Provided, furthermore,
That such basic equipment and tools shall be subject to chattel
mortgage in favor of the government financing institution
concerned.

SEC. 5. Technical Training. – The office of the TESDA


shall provide and conduct such necessary technical training and
programs, free of charge, to all women who may avail of the
benefits provided in Section 4 hereof.

SEC. 6. Implementing Bureau. – The function of


accomplishing the objective of this Act is hereby given to the
Bureau of Small and Medium Business Development of the
Department of Trade and Industry created under Executive
Order No. 133, including the authority to issue such necessary
certification of eligibility to obtain a loan as provided in Sections
4 and 5 hereof.

SEC. 7. Assurance of Loon Availability. – There shall be


earmarked from the loan portfolio of all government financing
institutions such amount of money equivalent to five percent
(5%) thereof for purposes of implementing the provisions of this
Act

SEC. 8. Rules and Regulations. – The Department of


Trade and Industry shall promulgate such rules and regulations
necessary to implement the provisions of this Act.

SEC. 9. Prohibited Acts. – The following acts are hereby


prohibited:

a) To sell mortgage, pledge or in any way encumber any


of the equipment, tools or materials procured through a loan

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and obtained by virtue of this Act while the loan has not yet
been fully paid.

b) to refuse, deny or delay without justifiable cause


granting loans as provided in this Act.

SEC. 10. Penalty. – Any person who may be found guilty


of committing any of the prohibited acts provided in the
preceding Section hereof shall be sentenced to suffer a penalty
of one (1) year imprisonment or a fine of not less than Five
thousand pesos (P5,000) or both.

SEC. 11 . Effectivity. – This Act shall take effect fifteen


(15) days after its publication in two (2) newspapers of general
circulation.

Approved, February 20, 1995.

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REPUBLIC ACT NO. 7884

AN ACT CREATING THE NATIONAL DAIRY AUTHORITY TO


ACCELERATE THE DEVELOPMENT OF THE DAIRY
INDUSTRY IN THE PHILIPPINES, PROVIDING FOR
A DAIRY DEVELOPMENT FUND, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title . – This Act shall be known as the


“National Dairy Development Act of 1995.”

XXX XXX XXX

SEC. 12. National Dairy Campaign. – The Authority shall


promote a nationwide campaign to boost support for the
realization of the objectives of this Act. It shall encourage the
participation of women’s groups in dairy and dairy-related
projects including dairy animal health care, village nutrition
schemes, community-based processing, and marketing of milk
and dairy products.

XXX XXX XXX

SEC. 24. Appropriations . – The appropriations of


agencies, division, council and corporation, merged, abolished
or transferred pursuant to this Act shall be turned over to the
Authority. Thereafter, such sums as may be necessary for its
continued operation and maintenance shall be included in the
annual General Appropriations Act.

SEC. 25. Repealing Clause. – All laws, decrees, executive


orders, rules and regulations or parts thereof which are
inconsistent with this Act are hereby repealed or modified
accordingly.

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SEC. 26. Separability Clause. – If any provision of this


Act is declared unconstitutional or invalid, other provisions
thereof which are not affected thereby shall continue in full force
and effect.

SEC. 27. Effectivity. – This Act shall take effect after


fifteen (15) days following its publication in the Official Gazette
or in any newspaper of general circulation.

Approved, Februrary 20, 1995.

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REPUBLIC ACT NO. 7895

AN ACT CONVERTING THE JOSEFINA H. CERILLES


NATIONAL HIGH SCHOOL IN THE MUNICIPALITY
OF SAN MIGUEL, PROVINCE OF ZAMBOANGA DEL
SUR, INTO A POLYTECHNIC COLLEGE TO BE
KNOWN AS THE JOSEFINA H. CERILLES
POLYTECHNIC COLLEGE. AND APPROPRIATING
FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The Josefina H. Ceri1Ies National High


School in the Municipality of San Miguel, Province of Zamboanga
del Sur, is hereby converted into a polytechnic college to be
known as Josefina H. Cerilles Polytechnic College.

SEC. 2. The faculty and employees of Josefina H. Cerilles


National High School, as well as its funds, assets, equipment
and facilities, shall be absorbed by the College.

SEC. 3. The chairperson of the Commission on Higher


Education, in coordination with the Secretary of Education,
Culture and Sports, is hereby directed to take such steps as are
necessary for the immediate conversion and operation of the
College.

SEC. 4. The amount necessary for the implementation of


this Act shall be charged against the current year ’s
appropriations of the Josefina H. Cerilles National High School.
Thereafter, such sums as may be necessary for its operation and
maintenance shall be included in the General Appropriations
Act.

Fees and charges, including government subsidies and


other income generated by the College shall constitute special

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trust funds and shall be deposited in any authorized government


depository bank, and all interests that shall accrue therefrom
shall form part of the same funds for the use of the College.

The income generated by the College may, at their


discretion, be disbursed for the professional growth and
development, health, welfare and other similar benefits of the
faculty members and personnel, for extension and student
welfare expenses so that flexibility on use of income shall be
focused on faculty, personnel improvement and student welfare
activities and for expenses necessary for the attainment of its
purposes under this Act.

SEC. 5. This Act shall take effect upon its approval.

Approved, February 20, 1995.

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REPUBLIC ACT NO. 7941

AN ACT PROVIDING FOR THE ELECTIONS OF PARTY-LIST


REPRESENTATIVES THROUGH THE PARTY-LIST
SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title . – This Act shall be known as the


“Party-List System Act”.

SEC. 2. Declaration of Policy. – The State shall promote


proportional representation in the election of representatives
to the House of Representatives through a party-list system of
registered national, regional and sectoral parties or
organizations or coalitions thereof, which will enable Filipino
citizens belonging to marginalized and underrepresented
sectors, organizations and parties, and who lack well-defined
political constituencies but who could contribute to the
formulation and enactment of appropriate legislation that will
benefit the nation as a whole, to become members of the House
of Representatives. Towards this end, the State shall develop
and guarantee a full, free and open party system in order to
attain the broadest possible representation of party, sectoral or
group interests in the House of Representatives by enhancing
their chances to compete for and win seats in the legislature,
and shall provide the simplest scheme possible.

XXX XXX XXX

SEC. 5. Registration. – Any organized group of persons


may register as a party, organization or coalition for purposes
of the party-list system by filing with the COMELEC not later
than ninety (90) days before the election a petition verified by
its president or secretary stating its desire to participate in
the party-list system as a national, regional or sectoral party or

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organization or a coalition of such parties or organizations,


attaching thereto

its constitution, by-laws, platform or program of government,


list of officers, coalition agreement and other relevant
information as the COMELEC may require: Provided, That the
sectors shall include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers, and professionals.

The COMELEC shall publish the petition in at least two


(2) national newspapers of general circulation.

The COMELEC shall, after due notice and hearing,


resolve the petition within fifteen (15) days from the date it
was submitted for decision but in no case not later than sixty
(60) days before election.

XXX XXX XXX

SEC. 17. Rights of Party-List Representatives. – Party-


list representatives shall be entitled to the same salaries and
emoluments as regular members of the House of
Representatives.

SEC. 18. Rules and Regulations. – The COMELEC shall


promulgate the necessary rules and regulations as may be
necessary to carry out the purposes of this Act.

SEC. 19. Appropriations. – The amount neccesary for the


implementation of this Act shall be provided in the regular
appropriations for the Commission on Elections starting fiscal
year 1996 under the General Appropriations Act.

Starting 1995, the COMELEC is hereby authorized to


utilize savings and other available funds for purpose of its
information campaign on the party-list system.

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SEC. 20. Separability Clause. – If any part of this Act is


held invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.

SEC. 21. Repealing Clause. – All laws, decrees, executive


orders, rules and regulations, or parts thereof, inconsistent with
the provisions of this Act are hereby repealed.

SEC. 22. Effectivity. – This Act shall take effect fifteen


(15) days after its publication in a newspaper of general
circulation.

Approved, March 3, 1995.

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REPUBLIC ACT NO. 8042

AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS


EMPLOYMENT AND ESTABLISH A HIGHER
STANDARD OF PROTECTION AND PROMOTION OF
THE WELFARE OF MIGRANT WORKERS, THEIR
FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS,
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 and


cited as the “Migrant Workers and Overseas Filipinos Act of
1995.”

XXX XXX XXX

IX. MISCELLANEOUS PROVISIONS

SEC. 32. POEA and OWWA Board; Additional


Memberships. – Notwithstanding any provision of law to the
contrary, the respective Boards of the POEA and the OWWA
shall, in addition to their present composition, have three (3)
members each who shall come from the women, sea-based and
land-based sectors respectively, to be appointed by the President
in the same manner as the other members.

XXX XXX XXX

SEC. 34. Representation in Congress. – Pursuant to


Section 5(2), Article VI of the Constitution and in line with the
objective of empowering overseas Filipinos to participate in the
policy-making process to address Filipino migrant concerns, two
(2) sectoral representatives for migrant workers in the House
of Representatives shall be appointed by the President from
the ranks of migrant workers: Provided, That at least one (1) of
the two (2) sectoral representatives shall come from the women

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LEGISLATIVE MEASURES

migrant workers sector: Provided, further, That all nominees


must have at least two (2) years experience as a migrant worker.

XXX XXX XXX

SEC. 38. Appropriation and Other Sources of Funding. –


The amount necessary to carry out the provisions of this Act
shall be provided for in the General Appropriations Act of the
year following its enactment into law and thereafter.

SEC. 39. Migrant Workers Day. – The day of signing by


the President of this Act shall be designated as the Migrant
Workers Day and shall henceforth be commemorated as such
annually.

SEC. 40. Implementing Rules and Regulations. – The


departments and agencies charged with carrying out the
provisions of this Act shall, within ninety (90) days after the
effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.

SEC. 41. Repealing Clause. – All laws, decrees, executive


orders, rules and regulations, or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 42. Separability Clause. – If, for any reason, any


section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be
affected thereby.

SEC. 43. Effectivity Clause. – This Act shall take effect


after fifteen (15) days from its publication in the Official Gazette
or in at least two (2) national newspapers of general circulation
whichever comes earlier.

Approved, June 7, 1995.

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REPUBLIC ACT NO. 8148

AN ACT FURTHER EXTENDING THE TERM OF THE


FRANCHISE GRANTED TO CONSUELO D. BORJA
NOW PRESENTLY HELD BY ILIGAN LIGHT AND
POWER, INC., HER SUCCESSOR-IN-INTEREST,
UNDER REPUBLIC ACT NUMBERED SIX
THOUSAND THREE HUNDRED NINETY-ONE,
ORIGINALLY GRANTED TO CONSUELO D. BORJA
UNDER ACT NUMBERED THREE THOUSAND EIGHT
HUNDRED TEN FOR A PERIOD OF TWENTY-FIVE
(25) YEARS FROM THE DATE OF ITS EXPIRATION
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The term of franchise granted to Consuela


D. Borja, now held by Iligan Light and Power, Inc., as her
successor-in-interest, originally granted to Consuelo D. Borja
under Act Numbered Three thousand eight hundred ten and
extended under Republic Act Numbered Six thousand three
hundred ninety-one is hereby extended under the same terms
and conditions therein provided, subject to the provisions of
the Constitution, for a period of twenty-five (25) years from the
date of its expiration.

SEC. 2. The grantee shall not lease, transfer , grant the


usufruct of, sell or assign this franchise nor the rights and
privileges acquired thereunder, to any person, firm, company,
corporation or other commercial or legal entity, nor merge with
any other person, company or corporation organized for the same

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LEGISLATIVE MEASURES

purpose, without the approval and/or consent of the Congress


of the Philippines.

SEC. 3. This Act shall take effect upon its approval.

Approved,

** Lapsed into Law on September 4, 1995 without the signature of the President
in accordance with Art. VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 8171

AN ACT PROVIDING FOR THE REPATRIATION OF


FILIPINO WOMEN WHO HAVE LOST THEIR
PHILIPPINE CITIZENSHIP BY MARRIAGE TO
ALIENS AND OF NATURAL-BORN FILIPINOS

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Filipino women who have lost their Philippine


citizenship by marriage to aliens and natural-born Filipinos who
have lost their Philippine citizenship, including their minor
children, on account of political or economic necessity, may
reacquire Philippine citizenship through repatriation in the
manner provided in Section 4 of Commonwealth Act No. 63, as
amended: Provided, That the applicant is not a:

(1) Person opposed to organized government or affiliated


with any association or group of persons who uphold and teach
doctrines opposing organized government;

(2) Person defending or teaching the necessity or


propriety of violence, personal assault, or association for the
predominance of their ideas;

(3) Person convicted of crimes involving moral turpitude;

(4) Person suffering from mental alienation or incurable


contagious diseases.

SEC. 2. Repatriation shall be effected by taking the


necessary oath of allegiance to the Republic of the Philippines
and registration in the proper civil registry and in the Bureau
of Immigration. The Bureau of Immigration shall thereupon
cancel the pertinent alien certificate of registration and issue
the certificate of identification as Filipino citizen to the
repatriated citizen.

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LEGISLATIVE MEASURES

SEC. 3. All laws, decrees, orders, rules and regulations,


or parts thereof inconsistent with this Act are hereby repealed
or amended accordingly.

SEC. 4. This Act shall take effect thirty (30) days after
its publication in a newspaper of general circulation.

Approved,

** Lapsed into law on October 23, 1995 without the signature of the president in
accordance with Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 8174

AN ACT APPROPRIATING FUNDS FOR THE OPERATION


OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND NINETY-
SIX, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, nineteen hundred and ninety-six,
except where otherwise specifically provided herein:

XXX XXX XXX

SEC. 27. Gender-Responsive Projects. – All departments,


bureaus, offices and agencies shall set aside a minimum amount
of five percent (5%) out of their 1996 appropriations to be used
for projects designed to address gender issues in accordance
with R.A. No. 7192.

The concerned departments, bureaus, offices and


agencies shall submit reports to the National Commission on
the Role of Filipino Women through the Department of Budget
and Management, indicating the amounts utilized to implement
such Gender-responsive projects and activities.

The implementation of this Section shall be in accordance


with the guidelines to be jointly issued by the National Economic
and Development Authority and the Department of Budget and
Management.

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V. CLOSING STATEMENT

In closing, I would like to put on record my deep


gratitude to the leadership of Congress, most especially to the
House Committee on Appropriations and the Senate Committee
on Finance for the timely enactment of the General
Appropriations Bill for CY 1996. While this was scrutinized by
all concerned, I observed that it was designed, molded and
crafted with the welfare of the Filipino people and the national
interest of our beloved Philippines in mind.

This Bill has become Republic Act No. 8174.

Very truly yours,

(Sgd.) FIDEL V. RAMOS

THE HOUSE OF REPRESENTATIVES


Congress of the Philippines
Manila

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REPUBLIC ACT NO. 8250

AN ACT APPROPRIATING FUNDS FOR THE OPERATION


OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND NINETY-
SEVEN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, nineteen hundred and ninety-
seven, except where otherwise specifically provided herein:

XXX XXX XXX

SEC. 28. Gender-Responsive Projects. – All departments,


bureaus, offices and agencies shall set aside a minimum amount
of five percent (5%) out of their 1997 appropriations to be used
for projects designed to address gender issues in accordance
with R.A. No. 7192.

The concerned departments, bureaus, offices and


agencies shall submit semestral reports to Congress, the
Department of Budget and Management and the National
Commission on the Role of Filipino Women indicating the
amounts utilized to implement such gender-responsive projects
and activities.

The implementation of this Section shall be in accordance


with the guidelines jointly issued by the National Economic

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LEGISLATIVE MEASURES

and Development Authority and the Department of Budget and


Management.

VI. CLOSING STATEMENT

In closing, I would like to put on record my gratitude to


the leadership of Congress, most especially to the House
Committee on Appropriations and the Senate Committee on
Finance for the enactment of the General Appropriations Act
for Fy 1997. I am aware of the extensive debate that went on, in
and out of the halls of Congress, in the crafting of this most
important measure. I am satisfied that, with the proper
guidelines, this budget will be an instrument for carrying on
our goals towards an economically prosperous, socially
responsible and politically stable Philippines in FY 1997 and
beyond.

This Bill becomes Republic Act No. 8250.

Very truly yours,

(Sgd.) FIDEL V. RAMOS

THE HOUSE OF REPRESENTATIVES


Congress of the Philippines
Manila

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REPUBLIC ACT NO. 8272

AN ACT CHANGING THE NAME OF THE SAN MIGUEL


ELEMENTARY SCHOOL IN BARANGAY SAN MIGUEL
IN THE MUNICIPALITY OF STO. TOMAS, PROVINCE
OF BATANGAS, TO TIBURCIA CARPIO MALVAR
ELEMENTARYSCHOOL

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The name of the San Miguel Elementary


School in Sto. Tomas, Batangas, is hereby changed to Tiburcia
Carpio Malvar Elementary School.

SEC. 2. This Act shall take effect immediately upon its


approval.

Approved,

** Lapsed into law without the signature of the president in accordance with
Article VI, Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 8311


8311

AN ACT PROVIDING FOR THE SEPARATION OF THE


INAYAWAN EXTENSION CLASS LOCATED IN THE
MUNICIPALITY OF CAUAYAN, PROVINCE OF
NEGROS OCCIDENTAL, FROM TIHE LINAON
BARANGAY HIGH SCHOOL, AND TO BE KNOWN AS
THE EVA J. MONTILLA NATIONAL HIGH SCHOOL,
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. The Inayawan Extension Class located in


the Municipality of Cauayan, Negros Occidental, is hereby
separated from the Linaon Barangay High School, and shall
henceforth be known as the Eva J. Montilla National High
School.

SEC. 2. The Secretary of Education, Culture and Sports


shall issue such rules and regulations as may be necessary to
carry out the purpose of this Act.

SEC. 3. The amount necessary for the implementation


of this Act shall be charged against the current year ’s
appropriation of the Linaon National High School-Inayawan
Extension Class.

Thereafter, such sums as may be necessary for the


operation and maintenance of the Eva J. Montilla National High
School shall be included in the annual General Appropriations
Act.

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SEC. 4. This Act shall take effect upon its approval.

Approved,

** Lapsed into law on June 14, 1997 without the signature of the president, in
accordance with Article VI, Section 27 of the Constitution.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF


RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS, AMENDING FOR THE PURPOSE
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS THE REVISED PENAL CODE, 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-Rape Law of 1997.”

SEC. 2. Rape as a Crime Against Persons. - The crime of


rape shall hereafter be classified as a crime Against Persons
under Title Eight of Act No. 3815, as amended, otherwise known
as the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new chapter
to be known as Chapter Three on Rape, to read as follows:

CHAPTER THREE
RAPE

“Article 266-A. Rape; When And How Committed. – Rape


is Committed –

1) By a man who shall have carnal knowledge of a woman


under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or


otherwise unconscious;

c) By means of-fraudulent machination or grave abuse


of authority; and

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d) When the offended party is under twelve (12) years


of age or is demented, even though none of the circumstances
mentioned above be present.

2) By any person who, under any of the circumstances


mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person’s mouth or
anal orifice, or any instrument or object, into the genital or anal
orifice of another person.

XXX XXX XXX

“Article 266- C. Effect of Pardon. – The subsequent valid


marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the


subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, That
the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.

Article 266-D. Presumptions. – Any physical overt act


manifesting resistance against the act of rape in an y degree
from the offended party, or where the offended party is so
situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts
punished under Article 266-A.”

SEC. 3. Separability Clause. – If any part, section, or


provision of this Act is declared invalid or unconstitutional, the
other parts thereof not affected thereby shall remain valid.

SEC. 4. Repealing Clause. – Article 335 of Act No. 3815,


as amended, and all laws, acts, presidential decrees, executive
orders, administrative orders, rules and regulations
inconsistent with or contrary to the previsions of this Act are
deemed amended, modified or repealed accordingly.

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SEC. 5. Effectivity. – This Act shall take effect fifteen


(15) days after completion of its publication in two (2)
newspapers of general circulation.

Approved, September 30, 1997.

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REPUBLIC ACT NO. 8369

AN ACT ESTABLISHING FAMILY COURTS, GRANTING


THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129, AS AMENDED, OTHERWISE
KNOWN AS THE JUDICIARY REORGANIZATION ACT
OF 1980, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title . – This Act shall be known as the


“Family Courts Act of 1997.”

SEC. 2. State and National Policies. – The State shall


protect the rights and promote the welfare of children in
keeping with the mandate of the Constitution and the precepts
of the United Nations Convention on the Rights of the Child.
The State shall provide a system of adjudication for youthful
offenders which takes into account their peculiar circumstances.

The State recognizes the sanctity of family life and shall


protect and strengthen the family as a basic autonomous social
institution. The courts shall preserve the solidarity of the family;
provide procedures for the reconciliation of spouses and the
amicable settlement of family controversy.

SEC. 3. Establishment of Family Courts. – There shall


be established a family court in every province and city in the
country. In case where the city is the capital of the province,
the Family Court shall be established in the municipality which
has the highest population.

XXX XXX XXX

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SEC. 5. Jurisdiction of Family Courts. – The Family


Courts shall have exclusive original jurisdiction to hear and
decide the following cases:

a) Criminal cases where one or more of the accused is


below eighteen (18) years of age but not less than nine (9) years
of age, or where one or more of the victims is a minor at the
time of the commission of the offense: Provided, That if the
minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 603, otherwise
known as the “Child and Youth Welfare Code”;

XXX XXX XXX

j) Violations of Republic Act No. 7610, otherwise known


as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act,” as amended by Republic
Act No. 7658; and

k) Cases of domestic violence against:

1) Women - which are acts of gender based violence that


results, or are likely to result in physical, sexual or psychological
harm or suffering to women; and other forms of physical abuse
such as battering or threats and coercion which violate a
woman’s personhood, integrity and freedom of movement; and

XXX XXX XXX

SEC. 14. Appeals. – Decisions and orders of the court


shall be appealed in the same manner and subject to the same
conditions as appeals from the ordinary regional trial courts.

SEC. 15. Appropriations. – The amount necessary to carry


out the provisions of this Act shall be included in the General

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Appropriations Act of the year following its enactment into law


and thereafter.

SEC. 16. Implementing Rules and Regulations. – The


Supreme Court, in coordination with the DSWD, shall formulate
the necessary rules and regulations for the effective
implementation of the social aspects of this Act.

SEC. 17. Transitory Provisions . – Pending the


establishment of such family courts, the Supreme Court shall
designate from among the branches of the Regional Trial Court
at least one Family Court in each of the cities of Manila, Quezon,
Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa,
Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San
Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi,
Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue,
Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao, General
Santos, Oroquieta, Ozamiz, Dipolog, Zamboanga, Pagadian,
Iligan, and in such other places as the Supreme Court may deem
necessary.

Additional cases other than those provided in Section 5


may be assigned to the Family Courts when their dockets permit:
Provided, That such additional cases shall not be heard on the
same day family cases are heard.

In areas where there are no Family Courts, the cases


referred to in Section 5 of this Act shall be adjudicated by the
Regional Trial Court.

SEC. 18. Separability Clause. – In case any provision of


this Act is declared unconstitutional, the other provisions shall
remain in effect.

SEC. 19. Repealing Clause. – All other laws, decrees,


executive orders, rules or regulations inconsistent herewith are
hereby repealed, amended, or modified accordingly.

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SEC. 20. Effectivity. – This Act shall take effect fifteen


(15) days after its publication in at least two (2) national
newspapers of general circulation.

Approved, October 28, 1997.

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REPUBLIC ACT NO. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE


RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/ INDIGENOUS PEOPLES, CREATING
A NATIONAL COMMISSION ON INDIGENOUS
PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. – This Act shall be known as


“The Indigenous Peoples Rights Act of 1997.”

XXX XXX XXX

CHAPTER V
SOCIAL JUSTICE AND HUMAN RIGHTS

SEC. 21. Equal Protection and Non-discrimination of


ICCs/IPs. – Consistent with the equal protection clause of the
Constitution of the Republic of the Philippines, the Charter of
the United Nations, the Universal Declaration of Human Rights
including the Convention on the Elimination of Discrimination
Against Women and International Human Rights Law, the State
shall, with due recognition of their distinct characteristics and
identity, accord to the members of the ICCs/IPs the rights,
protections and privileges enjoyed by the rest of the citizenry.
It shall extend to them the same employment rights,
opportunities, basic services, educational and other rights and
privileges available to every member of the society. Accordingly,

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the State shall likewise ensure that the employment of any form
of force or coercion against ICCs/IPs shall be dealt with by law.

The State shall ensure that the fundamental human


rights and freedoms as enshrined in the Constitution and
relevant international instruments are guaranteed also to
indigenous women. Towards this end, no provision in this Act
shall be interpreted so as to result in the diminution of rights
and privileges already recognized and accorded to women under
existing laws of general application.

XXX XXX XXX

SEC. 25. Basic Services. – The ICCs/IPs have the right to


special measures for the immediate, effective and continuing
improvement of their economic and social conditions, including
in the areas of employment, vocational training and retraining,
housing, sanitation, health and social security. Particular
attention shall be paid to the rights and special needs of
indigenous women, elderly, youth, children and differently-abled
persons. Accordingly, the State shall guarantee the right of ICCs/
IPs to government’s basic services which shall include, but not
limited to, water and electrical facilities, education, health and
infrastructure.

SEC. 26. Women. – ICC/IP women shall enjoy equal rights


and opportunities with men, as regards the social, economic,
political and cultural spheres of life. The participation of
indigenous women in the decision-making process in all levels,
as well as in the development of society, shall be given due
respect and recognition.

The State shall provide full access to education, maternal


and child care, health and nutrition, and housing services to
indigenous women. Vocational, technical, professional and other
forms of training shall be provided to enable these women to
fully participate in all aspects of social life. As far as possible,

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the State shall ensure that indigenous women have access to


all services in their own languages.

XXX XXX XXX

SEC. 40. Composition. – The NCIP shall be an


independent agency under the Office of the President and shall
be composed of seven (7) Commissioners belonging to ICCs/IPs,
one (1) of whom shall be the Chairperson. The Commissioners
shall be appointed by the President of the Philippines from a
list of recommendees submitted by authentic ICCs/IPs: Provided,
That the seven (7) Commissioners shall be appointed specifically
from each of the following ethnographic areas: Region I and the
Cordilleras; Region II; the rest of Luzon; Island Groups
including Mindoro, Palawan, Romblon, Panay and the rest of
the Visayas; Northern and Western Mindanao; Southern and
Eastern Mindanao; and Central Mindanao: Provided, That at
least two (2) of the seven (7) Commissioners shall be women.

XXX XXX XXX

SEC. 50. Consultative Body. – A body consisting of the


traditional leaders, elders and representatives from the women
and youth sectors of the different ICCs/IPs shall be constituted
by the NCIP from time to time to advise it on matters relating
to the problems, aspirations and interests of the ICCs/IPs.

XXX XXX XXX

CHAPTER XIII
FINAL PROVISIONS

SEC. 78. Special Provision. – The City of Baguio shall


remain to be governed by its Charter and all lands proclaimed
as part of its townsite reservation shall remain as such until
otherwise reclassified by appropriate legislation: Provided,
That prior land rights and titles recognized and/or acquired
through any judicial, administrative or other processes before

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the effectivity of this Act shall remain valid: Provided, further,


That this provision shall not apply to any territory which
becomes part of the City of Baguio after the effectivity of this
Act.

SEC. 79. Appropriations. – The amount necessary to


finance the initial implementation of this Act shall be charged
against the current year’s appropriation of the ONCC and the
OSCC. Thereafter, such sums as may be necessary for its
continued implementation shall be included in the annual
General Appropriations Act.

SEC. 80. Implementing Rules and Regulations. – Within


sixty (60) days immediately after appointment, the NCIP shall
issue the necessary rules and regulations, in consultation with
the Committees on National Cultural Communities of the House
of Representatives and the Senate, for the effective
implementation of this Act.

SEC. 81. Saving Clause. – This Act will not in any manner
adversely affect the rights and benefits of the ICCs/IPs under
other conventions, recommendations, international treaties,
national laws, awards, customs and agreements.

SEC. 82. Separability Clause. – In case any provision of


this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.

SEC. 83. Repealing Clause. – Presidential Decree No.


410, Executive Order Nos. 122-B and 122-C, and all other laws,
decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified
accordingly.

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SEC. 84. Effectivity. – This Act shall take effect fifteen


(15) days upon its publication in the Official Gazette or in any
two (2) newspapers of general circulation.

Approved, October 29, 1997

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REPUBLIC ACT NO. 8390

AN ACT CREATING A NATIONAL HIGH SCHOOL IN


BARANGAY SAN PEDRO, MUNICIPALITY OF BATAC,
PROVINCE OF ILOCOS NORTE, TO BE KNOWN AS
THE CRISPINA MARCOS·VALDEZ NATIONAL HIGH
SCHOOL, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. There shall be established a national high


school in Barangay San Pedro, Municipality of Batac, Province
of llocos Norte, to be known as the Crispina Marcos-Valdez
National High School.

SEC. 2. The Secretary of Education, Culture and Sports


shall issue such rules and regulations as may be necessary to
carry out the purpose of this Act.

SEC. 3. The amount necessary to carry out the provisions


of this Act shall be included in the General Appropriations Act
of the year following its enactment into law and thereafter.

SEC. 4. This Act shall take effect upon its approval.

Approved,

sed into law on November 22, 1997 without the signature of the President
pursuant to Article VI, Section 27 of the Constitution.

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REPUBLIC ACT NO. 8425

AN ACT INSTITUTIONALIZING THE SOCIAL REFORM AND


POVERTY ALLEVIATION PROGRAM, CREATING
FOR THE PURPOSE THE NATIONAL ANTI-POVERTY
COMMISSION, DEFINING ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Social


Reform and Poverty Alleviation Act.”

XXX XXX XXX

SEC. 4. Adoption and Integration of Social Reform


Agenda (SRA) in the National Anti-Poverty Action Agenda. –
The National Anti-Poverty Action Agenda shall principally
include the core principles and programs of the Social Reform
Agenda (SRA). The SRA shall have a multi-dimensional
approach to poverty consisting of the following reforms:

(1) Social dimension access to quality basic services. –


These are reforms which refer to equitable control and access
to social services and facilities such as education, health,
housing, and other basic services which enable the citizens to
meet their basic human needs and to live decent lives;

(2) Economic dimension asset reform and access to


economic opportunities. - Reforms which address the existing
inequities in the ownership, distribution, management and
control over natural and man-made resources from which they
earn a living or increase the fruits of their labor;

(3) Ecological dimension sustainable development of


productive resources. - Reforms which ensure the effective and
sustainable utilization of the natural and ecological resource

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base, thus assuring greater social acceptability and increased


participation of the basic sectors in environmental and natural
resources conservation, management and development;

(4) Governance dimension democratizing the decision-


making and management processes. - Reforms which enable the
basic sectors to effectively participate in decision-making and
management processes that affect their rights, interests and
welfare.

The SRA shall focus on the following sector-specific


flagship programs:

XXX XXX XXX

(6) For members of other disadvantaged groups such as


the women, children, youth, persons with disabilities, the
elderly, and victims of natural and man-made calamities – the
Comprehensive Integrated Delivery of Social Services (CIDSS).

Additionally, to support the sectoral flagship programs,


the following cross-sectoral flagships shall likewise be instituted:

(1) Institution-building and effective participation in


governance;

(2) Livelihood programs;

(3) Expansion of micro-credit/microfinance services and


capability building; and

(4) Infrastructure buildup and development.

XXX XXX XXX

SEC. 6. Composition of the NAPC. – The President of


the Republic of the Philippines shall serve as Chairperson of
the NAPC. The President shall appoint the Lead Convenor of
the NAPC, either from the government or private sector, who

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shall likewise serve as the head of the National Anti-Poverty


Commission Secretariat, and shall have the rank of a Cabinet
Secretary. There shall be a vice chairperson for the government
sector and a vice chairperson for the basic sectors; the former
to be designated by the President, and the latter to be elected
among the basic sector representatives of the NAPC as vice
chairperson for the basic sector; and the following as members:

XXX XXX XXX

(3) Representatives from each of the following basic


sectors:

XXX XXX XXX

(g) Women;

XXX XXX XXX

SEC. 16. Special Credit Windows in Existing Government


Financing Institutions (GFIs) . – The existing government
financial institutions shall provide for the savings and credit
needs of the poor. The GFIs such as the Land Bank of the
Philippines, Philippine Postal Bank, Al Amanah Bank, and the
Development Bank of the Philippines are hereby mandated to
coordinate with NAPC and PCFC in setting up special credit
windows and other arrangements, such as the servicing of Small
Savers Instruments (SSIs), that will promote the microfinance
program of this Act.

The private financing institutions may also provide the


savings and credit requirements of the poor by setting up similar
credit windows and other arrangements to promote the savings
component of the microfinance program of this Act.

Special credit windows for the poor shall, as far as


practicable, include an allocation for the basic sectors, as defined

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in this Act, particularly those living in the rural areas, agrarian


reform communities, and women in the countryside.

XXX XXX XXX

SEC. 20. Repealing Clause. – All laws, executive orders,


rules and regulations, or parts thereof, inconsistent with this
Act are hereby repealed, amended or modified accordingly. The
provisions of this Act shall not be repealed, amended or modified
unless expressly provided in subsequent general or special laws.

SEC. 21. Separability Clause. – If any provision of this


Act shall be held invalid or unconstitutional, the remaining
provisions thereof not affected thereby shall remain in full force
and effect.

SEC. 22. Effectivity Clause. – This Act shall be effective


on June 30, 1998.

Approved, December 11, 1997.

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REPUBLIC ACT NO. 8505

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR


RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE
A RAPE CRISIS CENTER IN EVERY PROVINCE AND
CITY. AUTHORIZING THE APPROPRIATION OF
FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION I. Title. – This Act shall be known as the “Rape


Victim Assistance and Protection Act of 1998,”

XXX XXX XXX

SEC. 4. Duty of the Police Officer. – Upon receipt by the


police of the complaint for rape, it shall be the duty of the police
officer to:

(a) Immediately refer the case to the prosecutor for


inquest investigation if the accused is detained; otherwise, the
rules of court shall apply;

(b) Arrange for counseling and medical services for the


offended party; and

(c) Immediately make a report on the action taken. It


shall be the duty of the police officer or the examining physician,
who must be of the same gender as the offended party, to ensure
that only persons expressly authorized by the offended party
shall be allowed inside the room where the investigation or
medical or physical examination is being conducted.

For this purpose. a women’s desk must be established in


every police precinct throughout the country to provide a police
woman to conduct investigation of complaints of women rape
victims. In the same manner, the preliminary investigation

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proper or inquest of women rape victims must be assigned to


female prosecutor or prosecutors after the police shall have
endorsed all the pertinent papers thereof to the same office.

XXX XXX XXX

SEC. 8. Implementing Rules and Regulations. – Within


ninety (90) days upon the approval of this Act, all concerned
agencies shall formulate rules and regulations as may be
necessary for the proper implementation thereof.

SEC. 9. Separability Clause. – If any part, section or


provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain valid.

SEC. 10. Repealing Clause. – All laws, acts, presidential


decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of
this Act are deemed amended, modified or repealed accordingly.

SEC. II. Effectivity. – This Act shall take effect fifteen


(15) days after completion of its publication in at least two (2)
newspapers of general circulation.

Approved, February13, 1998.

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REPUBLIC ACT NO. 8522

AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF


THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND
NINETYEIGHT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, nineteen hundred and ninety-eight,
except where otherwise specifically provided herein:

SUMMARY OF FY 1998 NEW APPROPRIATIONS

(Amount, In thousand pesos)

XXX XXX XXX

SEC. 28. Gender-Responsive Projects. – All departments,


bureaus, offices, agencies, state universities and colleges and
instrumentalities including government-owned and/or
controlled corporations shall set aside a minimum amount of
five percent (5%) out of their 1998 appropriations to be used for
projects designed to address gender issues in accordance with
R.A. No. 7192.

The concerned departments, bureaus, offices, agencies,


state universities and colleges and instrumentalities including
government-owned and/or controlled corporations shall
formulate their 1998 gender and development plan and submit
semestral reports to Congress, the Department of Budget and

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Management and the National Commission on the Role of


Filipino Women, indicating the amounts utilized to implement
such gender-responsive projects and activities.

The implementation of this Section shall be in accordance


with the guidelines jointly issued by the National Economic and
Development Authority, the Department of Budget and
Management and the National Commission on the Role of
Filipino Women.

XXX XXX XXX

SEC. 91. Separability Clause. – If for any reason any


section or provision of this Act is declared unconstitutional or
invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 92. Effectivity. – The provisions of this Act shall


take effect on January one, nineteen hundred and ninety-eight,
unless otherwise provided herein.

Approved, February 14, 1998

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REPUBLIC ACT NO. 8551

AN ACT PROVIDING FOR THE REFORM AND


REORGANIZATION OF THE PHILIPPINE NATIONAL
POLICE AND FOR OTHER PURPOSES, AMENDING
CERTAIN PROVISIONS OF REPUBLIC ACT
NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-
FIVE ENTITLED, “AN ACT ESTABLISHING THE
PHILIPPINE NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT, AND FOR OTHER
PURPOSES”

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

TITLE I
TITLE AND DECLARATION OF POLICY

SECTION 1. Title. – This Act shall be known as the


“Philippine National Police Reform and Reorganization Act of
1998.”

XXX XXX XXX

D. PROMOTION SYSTEM

SEC. 31. Rationalized Promotion System. – Within six


(6) months after the effectivity of this Act, the Commission shall
establish a system of promotion for uniformed and non-
uniformed personnel of the PNP which shall be based on merits
and on the availability of vacant positions in the PNP staffing
pattern. Such system shall be gender fair and shall ensure that
women members of the PNP shall enjoy equal opportunity for
promotion as that of men.

XXX XXX XXX

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TITLE VII
CREATION OF WOMEN’S DESKS IN ALL POLICE
STATIONS AND THE FORMULATION OF A GENDER
SENSITIVITY PROGRAM

SEC. 57. Creation and Functions . – The PNP shall


establish women’s desks in all police stations throughout the
country to administer and attend to cases involving crimes
against chastity, sexual harassment, abuses committed against
women and children and other similar offenses: Provided, That
municipalities and cities presently without policewomen will
have two (2) years upon the effectivity of this Act within which
to comply with the requirement of this provision.

SEC. 58. Prioritization of Women for Recruitment. –


Within the next five (5) years, the PNP shall prioritize the
recruitment and training of women who shall serve in the
women’s desk. Pursuant to this requirement, the PNP shall
reserve ten percent (10%) of its annual recruitment, training,
and education quota for women.

SEC. 59. Gender Sensitivity Program. – The Commission


shall formulate a gender sensitivity program within ninety (90)
days from the effectivity of this Act to include but not limited to
the establishment of equal opportunities for women in the PNP,
the prevention of sexual harassment in the workplace, and the
prohibition of discrimination on the basis of gender or sexual
orientation.

XXX XXX XXX

SEC. 61. Non-Prohibition for Promotion. – Nothing in this


title shall be construed as a restriction on the assignment of
policewomen to other positions in the PNP nor shall any
provisions of this title be used for the non-promotion of a PNP
female personnel to higher position.

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XXX XXX XXX

TITLE X
TRANSITORY PROVISIONS

SEC. 72. Transition . – The provisions on the


reorganization and the civilianization of the PNP and the
devolution of police capabilities to the local police forces shall
be effected within three (3) years after the effectivity of this
Act.

TITLE XI
FINAL PROVISIONS

SEC. 73. Rules and Regulations . – Unless otherwise


provided in this Act, the Commission in coordination with the
Philippine National Police and the Department of the Interior
and Local Government, shall promulgate rules and regulations
for the effective implementation of this Act. Such rules and
regulations shall take effect upon their publication in three (3)
newspapers of general circulation.

SEC. 74. Appropriations. – The amount necessary to carry


out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.

SEC. 75. Repealing Clause. – All laws, presidential


decrees, letters of instructions, executive orders, rules and
regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.

SEC. 76. Separability Clause. – In case any provision of


this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.

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SEC. 77. Effectivity Clause. – This Act shall take effect


after its complete publication in at least three (3) newspapers
of general circulation.

Approved, February 25, 1998.

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REPUBLIC ACT NO. 8745

AN ACT APPROPRIATING FUNDS FOR THE OPERATION


OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND
NINETYNINE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, nineteen hundred and ninety-nine,
except where otherwise specifically provided herein:

XXX XXX XXX

SEC. 28. Programs/Projects Related to Gender and


Development (GAD) . – The National Economic and
Development Authority (NEDA) and the Department of Budget
and Management (DBM), in consultation with the National
Commission on the Role of Filipino Women (NCRFW), shall
formulate a set of guidelines for the implementation of
programs/ projects related to GAD.

In consultation with the NCRFW, all departments,


offices, bureaus, agencies, state universities and colleges,
government owned and controlled corporations and other
instrumentalities, shall formulate a GAD plan, designed to
address gender issues, in accordance with RA 7192 and the
Philippine Plan for Gender- Responsive Development (PPGD),
1995-2005. The cost of implementation of the GAD plan shall be

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at least five percent (5%) of the agency’s total 1999 budget


appropriation.

All concerned government entities shall submit their


GAD plan to the NCRFW for review. They shall likewise submit
annual reports to Congress, the DBM and the NCRFW,
indicating the accomplishments and amounts utilized to
implement GAD related programs/projects/activities.

XXX XXX XXX

SEC. 89. Separability Clause. – If for any reason, any


section or provision of this Act is declared unconstitutional or
invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 90. Effectivity. – The provisions of this Act shall


take effect on January one, nineteen hundred and ninety-nine,
unless otherwise provided herein.

Approved, December 30, 1998.

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REPUBLIC ACT NO. 8760

AN ACT APPROPRIATING FUNDS FOR THE OPERATION


OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, TWO THOUSAND, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Appropriation of Funds. – The following


sums, or so much thereof as may be necessary, are hereby
appropriated out of any funds in the National Treasury of the
Philippines not otherwise appropriated, for the operation of
the Government of the Republic of the Philippines from January
one to December thirty-one, two thousand, except where
otherwise specifically provided herein:

XXX XXX XXX

SEC. 27. Programs/Projects Related to Gender and


Development (GAD) . – In consultation with the National
Commission on the Role of Filipino Women (NCRFW), all
departments including their attached agencies, offices, bureaus,
agencies, State universities and colleges, government-owned
and controlled corporations and other instrumentalities, shall
formulate a GAD Plan, designed to empower women and
address gender issues, in accordance with R.A. No. 7192 and
the Philippine Plan for Gender-Responsive Development
(PPGD), 1995-2025. The cost of implementation of the GAD Plan
shall be at least five percent (5%) of the agency’s total FY 2000
budget appropriations.

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All concerned government entities shall submit their


GAD Plan to the NCRFW for review. They shall likewise submit
annual reports to Congress, the Department of Budget and
Management (DBM) and the NCRFW, indicating the
accomplishment and amounts utilized to implement programs/
projects/activities addressing gender issues and women
empowerment. The evaluation of agencies’ utilization of the
GAD budget shall be performance-based.

In addition to Joint Circular 99-4 issued by the National


Economic and Development Authority (NEDA), the DBM and
NCRFW, additional sets of guidelines, as deemed necessary,
shall be formulated, for the implementation of GAD-related
programs/projects/activities.

XXX XXX XXX

VI. CLOSING STATEMENT

In closing, I would like to put on record my gratitude to


the leadership of both Houses of Congress, most especially to
the House Committee on Appropriations and the Senate
Finance Committee for the extreme effort in the enactment of
this General Appropriations Act for FY 2000. The crafting of
this general appropriations measure has been difficult in view
of the tight fiscal situation facing us. But it is true that in
adversity, we find unity in spirit and cooperation of hearts and
minds to come up with what is best for the nation. In the past
one and a half years of my Administration, the coordination
between the Executive and the Legislative branches of
government in budgeting and fiscal management has
continuously improved. Therefore, I am confident that with the
high spirit and our strong commitment to public service, this
budget for “Angat Pinoy 2004” will finally lead us in building

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and in installing a Government that puts in the highest priority


the concerns and welfare of the greatest number of our people
as well as of the poorest of our citizenry.

Very truly yours,

(Sgd.) JOSEPH EJERCITO ESTRADA

THE HOUSE OF REPRESENTATIVES


Congress of the Philippines
Manila

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REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES


TO SOLO PARENTS AND THEIR CHILDREN,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Solo


Parents’ Welfare Act of 2000.”

XXX XXX XXX

SEC. 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;

XXX XXX XXX

SEC. 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.

SEC. 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.

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SEC. 17. Effectivity Clause. – This Act shall take effect


fifteen (15) days following its complete publication in the
Official Gazette or in at least two (2) newspapers of general
circulation.

Approved, November 7, 2000.

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REPUBLIC ACT NO. 8980

AN ACT PROMULGATING A COMPREHENSIVE POLICY


AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD
CARE AND DEVELOPMENT (ECCD), PROVIDING
FUNDS THEREFOR 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 “ECCD Act.”

XXX XXX XXX

SEC. 3. Objectives. – The objectives of the National ECCD


System are:

(a) To achieve improved infant and child survival rates


by ensuring that adequate health and nutrition programs are
accessible to young children and their mothers from the pre-
natal period throughout the early childhood years;

(b) To enhance the physical, social, emotional, cognitive,


psychological, spiritual and language development of young
children;

(c) To enhance the role of parents and other caregivers


as the primary caregivers and educators of their children from
birth onwards;

(d) To facilitate a smooth transition from care and


education provided at home to community or school-based
setting and to primary school;

(e) To enhance the capabilities of service providers and


their supervisors to comply with quality standards for various
ECCD programs;

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(f) To enhance and sustain the efforts of communities to


promote ECCD programs and ensure that special support is
provided for poor and disadvantaged communities;

(g) To ensure that young children are adequately prepared


for the formal learning system and that both public and private
schools are responsive to the developmental needs of these
children;

(h) To establish an efficient system for early


identification, prevention, referral and intervention for
developmental disorders and disabilities in early childhood; and

(i) To improve the quality standards of public and private


ECCD programs through, but not limited to, a registration and
credential system for ECCD service providers.

XXX XXX XXX

SEC. 12. Separability Clause. – If any provision of this


Act is declared unconstitutional, the same shall not affect the
validity and effectivity of the other provisions thereof.

SEC. 13. Repealing Clause. – Pertinent provisions of


Presidential Decree No. 603 and Executive Order No. 233, all
laws, decrees, executive orders, presidential proclamations,
rules and regulations or parts thereof contrary to or inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 14. Implementing Rules and Regulations. – The


Council in consultation with all appropriate government
agencies and nongovernment organizations shall formulate and
issue the necessary rules and regulations for the implementation
of this Act within ninety (90) days after the effectivity of this
Act.

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SEC. 15. Effectivity Clause. – This Act shall take effect


fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

Approved, December 5, 2000.

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REPUBLIC ACT NO. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE


TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Anti-


Trafficking in Persons Act of 2003”.

SEC. 2. Declaration of Policy. – It is hereby declared that


the State values the dignity of every human person and
guarantees the respect of individual rights. In pursuit of this
policy, the State shall give highest priority to the enactment of
measures and development of programs that will promote
human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate
pressures for involuntary migration and servitude of persons,
not only to support trafficked persons but more importantly, to
ensure their recovery, rehabilitation and reintegration into the
mainstream of society.

It shall be a State policy to recognize the equal rights


and inherent human dignity of women and men as enshrined in
the United Nations Universal Declaration on Human Rights,
United Nations Convention on the Rights of the Child, United
Nations Convention on the Protection of Migrant Workers and
their Families,United Nations Convention Against
Transnational Organized Crime Including its Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and universally

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accepted human rights instruments and other international


conventions to which the Philippines is a signatory.

XXX XXX XXX

SEC. 16. Programs that Address Trafficking in Persons.


– The government shall establish and implement preventive,
protective and rehabilitative programs for trafficked persons.
For this purpose, the following agencies are hereby mandated
to implement the following programs.

XXX XXX XXX

SEC. 20. Inter-Agency Council Against Trafficking . –


There is hereby established an Inter-Agency Council Against
Trafficking, to be composed of the Secretary of the Department
of Justice as Chairperson and the Secretary of the Department
of Social Welfare and Development as Co-Chairperson and shall
have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment


Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of


Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be


composed of one (1) representative each from among the sectors
representing women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives

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shall be nominated by the government agency representatives


of the Council, for appointment by the President for a term of
three (3) years.

The members of the Council may designate their


permanent representatives who shall have a rank not lower
than an assistant secretary or its equivalent to meetings, and
shall receive emoluments as may be determined by the Council
in accordance with existing budget and accounting, rules and
regulations.

XXX XXX XXX

SEC. 31. Separability Clause. – If, for any reason, any


section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be
affected thereby.

SEC. 32. 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: Provided, That this Act shall
not in any way amend or repeal the provision of Republic Act
No. 7610, otherwise known as the “Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act”.

SEC. 33. 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.

Approved, May 26, 2003.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 9254

AN ACT ESTABLISHING THE PURIFICATION DOLAR


MONFORT NATIONAL SCIENCE HIGH SCHOOL IN
BARAGAY P. D. MONFORT NORTH, MUNICIPALITY
OF DUMANGAS, PROVINCE OF ILOlLO,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. There shall be established under the


supervision of the Department of ’ Education (DepEd) a national
science high school in Barangay P. D. Monfort North
Municipality of Dumangas. Province of Iloilo to be known as
the Purification Dolar Monfort National Science High School.

SEC. 2. The site of said national science high school shall


be Located within the compound of the Dolar State College P.
D. Monfort, South Dumangas, Iloilo.

SEC. 3. The DepEd shall issue such rules and regulation


as May be necessary to carry out the purposes of this Act.

SEC. 4. The Secretary of the DepEd shall immediately


include in its program the operationalization of the Purificacion
Dolar Monfort National High School the funding of which shall
be included in the annual General Appropriation Act.

SEC. 5. This Act shall take effect upon its approval.

Approved, February 24, 2004.

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REPUBLIC ACT NO. 9255

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE


THE SURNAME OF THEIR FATHER, AMENDING FOR
THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER
NO. 209, OTHERWISE KNOWN AS THE “FAMILY
CODE OF THE PHILIPPINES”

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Article176 of Executive Order No.209,


otherwise known as the Family Code of the Philippines, is
hereby amended to read as follows:

“Article 176. Illegitimate children shall use the surname


and shall be under the parental authority of their mother, and
shall be entitled to support in conformity with this Code.
However, illegitimate children may use the surname of their
father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register,
or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the
father has the right to institute an action before the regular
courts to prove non-filiation during his lifetime. The legitime
of each illegitimate child shall consist of one-half of the legitime
of a legitimate child. “

SEC. 2. Repealing Clause. – All laws, presidential


decrees, executive orders, proclamations, rules and regulations,
which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 3. Effectivity Clause. – This Act shall take effect


fifteen (15) days from its publication in the Official Gazette or
in two (2) newspapers of general circulation.

Approved, February 24, 2004.

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REPUBLIC ACT NO. 9262

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”.

SEC. 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.

SEC. 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,

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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

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LEGISLATIVE MEASURES

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

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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.

SEC. 4. Construction.– This Act shall be liberally


construed to promote the protection and safety of victims of
violence against women and their children.

SEC. 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;

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(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

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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.

SEC. 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.

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LEGISLATIVE MEASURES

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.

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SEC. 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.

SEC. 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

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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

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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.

SEC. 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;

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(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.

SEC. 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.

SEC. 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:

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(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.

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SEC. 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.

SEC. 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.

SEC. 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 the Punong 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.

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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.

SEC. 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.

SEC. 16. Permanent Protection Orders. – Permanent


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

Respondent’s 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

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LEGISLATIVE MEASURES

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.

SEC. 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.”

SEC. 18. Mandatory Period For Acting on Applications


For Protection Orders – Failure to act on an application for a

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protection order within the reglementary period specified in


the previous section without justifiable cause shall render the
official or judge administratively liable.

SEC. 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.

SEC. 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.

SEC. 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 maybe 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

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LEGISLATIVE MEASURES

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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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

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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.

SEC. 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.

SEC. 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.

SEC. 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.

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LEGISLATIVE MEASURES

SEC. 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 without 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.

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SEC. 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.

SEC. 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.

SEC. 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

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LEGISLATIVE MEASURES

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.

SEC. 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.

SEC. 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 from 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.

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SEC. 36. Damages. – Any victim of violence under this


Act shall be entitled to actual, compensatory, moral and
exemplary damages.

SEC. 37 . Hold Departure Order . – The court shall


expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.

SEC. 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.

SEC. 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);

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LEGISLATIVE MEASURES

(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.

SEC. 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.

SEC. 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.

SEC. 42. Training of Persons Involved in Responding to


Violence Against Women and their Children Cases. – All

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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.

SEC. 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.

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LEGISLATIVE MEASURES

SEC. 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).

SEC. 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.

SEC. 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.

SEC. 47. Suppletory Application – For purposes of this


Act, the Revised Penal Code and other applicable laws, shall
have suppletory application.

SEC. 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.

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SEC. 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.

SEC. 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.

Approved, March 08, 2004.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 9700

AN ACT STRENGTHENING THE COMPREHENSIVE


AGRARIAN REFORM PROGRAM (CARP),
EXTENDING THE ACQUISITION AND
DISTRIBUTION OF ALL AGRICULTURAL LANDS,
INSTITUTING NECESSARY REFORMS, AMENDING
FOR THE PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS
THE COMPREHENSIVE AGRARIAN REFORM LAW
OF 1988, AS AMENDED, AND APPROPRIATING
FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Section 2 of Republic Act No. 6657, as


amended, otherwise known as the Comprehensive Agrarian
Reform Law of 1988, is hereby further amended to read as
follows:

XXX XXX XXX

SEC. 2. Section 3 of Republic Act No. 6657, as amended,


is hereby further amended to read as follows:

“SEC. 3. Definitions. – For the purpose of this Act, unless


the context indicates otherwise:

XXX XXX XXX

“(1) Rural women refer to women who are engaged


directly or indirectly in farming and/or fishing as their source
of livelihood, whether paid or unpaid, regular or seasonal, or in
food preparation, managing the household, caring for the
children, and other similar activities.”

XXX XXX XXX

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SEC. 28. Periodic Reports. – The COCAR shall submit to


the Speaker of the House of Representatives and to the
President of the Senate of the Philippines periodic reports on
its findings and recommendations on actions to be undertaken
by both Houses of Congress, the DAR, and the PARC.

SEC. 29. Access to Information. – Notwithstanding the


provisions of Republic Act No. 1405 and other pertinent laws,
information on the amount of just compensation paid to any
landowner under Republic Act No. 6657, as amended, and other
agrarian reform laws shall be deemed public information.

SEC. 30. Resolution of Case. – Any case and/or proceeding


involving the implementation of the provisions of Republic Act
No. 6657, as amended, which may remain pending on June 30,
2014 shall be allowed to proceed to its finality and be executed
even beyond such date.

SEC. 31. Implementing Rules and Regulations. – The


PARC and the DAR shall provide the necessary implementing
rules and regulations within thirty (30) days upon the approval
of this Act. Such rules and regulations shall take effect on July
1, 2009 and it shall be published in at least two (2) newspapers
of general circulation.

SEC. 32. Repealing Clause. – Section 53 of Republic Act


No. 3844, otherwise known as the Agricultural Land Reform
Code, is hereby repealed and all other laws, decrees, executive
orders, issuances, rules and regulations, or parts thereof
inconsistent with this Act are hereby likewise repealed or
amended accordingly.

SEC. 33. Separability Clause. – If, for any reason, any


section or provision of this Act is declared unconstitutional or
invalid, the other sections or provisions not affected thereby
shall remain in full force and effect.

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LEGISLATIVE MEASURES

SEC. 34. Effectivity Clause. – This Act shall take effect


on July 1, 2009 and it shall be published in at least two (2)
newspapers of general circulation.

Approved, August 7, 2009.

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REPUBLIC ACT NO. 9710

AN ACT PROVIDING FOR THE MAGNA CARTA OF


WOMEN

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION. 1. Short Title. – This Act shall be known as


“The Magna Carta of Women”.

SEC. 2. Declaration of Policy. – Recognizing that the


economic, political, and sociocultural realities affect women’s
current condition, the State affirms the role of women in nation
building and ensures the substantive equality of women and
men. It shall promote empowerment of women and pursue equal
opportunities for women and men and ensure equal access to
resources and to development results and outcome. Further,
the State realizes that equality of men and women entails the
abolition of the unequal structures and practices that perpetuate
discrimination and inequality. To realize this, the State shall
endeavor to develop plans, policies, programs, measures, and
mechanisms to address discrimination and inequality in the
economic, political, social, and cultural life of women and men.

The State condemns discrimination against women in all


its forms and pursues by all appropriate means and without
delay the policy of eliminating discrimination against women
in keeping with the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW) and other
international instruments consistent with Philippine law. The
State shall accord women the rights, protection, and
opportunities available to every member of society.

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LEGISLATIVE MEASURES

The State affirms women’s rights as human rights and


shall intensify its efforts to fulfill its duties under international
and domestic law to recognize, respect, protect, fulfill, and
promote all human rights and fundamental freedoms of women,
especially marginalized women, in the economic, social, political,
cultural, and other fields without distinction or discrimination
on account of class, age, sex, gender, language, ethnicity, religion,
ideology, disability, education, and status. The State shall
provide the necessary mechanisms to enforce women’s rights
and adopt and undertake all legal measures necessary to foster
and promote the equal opportunity for women to participate in
and contribute to the development of the political, economic,
social, and cultural realms.

The State, in ensuring the full integration of women’s


concerns in the mainstream of development, shall provide ample
opportunities to enhance and develop their skills, acquire
productive employment and contribute to their families and
communities to the fullest of their capabilities.

In pursuance of this policy, the State reaffirms the right


of women in all sectors to participate in policy formulation,
planning, organization, implementation, management,
monitoring, and evaluation of all programs, projects, and
services. It shall support policies, researches, technology, and
training programs and other support services such as financing,
production, and marketing to encourage active participation of
women in national development.

SEC. 3. Principles of Human Rights of Women. – Human


rights are universal and inalienable. All people in the world
are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal
Declaration of Human Rights, which states that all human beings
are free and equal in dignity and rights.

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Human rights are indivisible. Human rights are inherent


to the dignity of every human being whether they relate to civil,
cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The


fulfillment of one right often depends, wholly or in part, upon
the fulfillment of others.

All individuals are equal as human beings by virtue of


the inherent dignity of each human person. No one, therefore,
should suffer discrimination on the basis of ethnicity, gender,
age, language, sexual orientation, race, color, religion, political,
or other opinion, national, social, or geographical origin,
disability, property, birth, or other status as established by
human rights standards.

All people have the right to participate in and access


information relating to the decision- making processes that
affect their lives and well-being. Rights-based approaches
require a high degree of participation by communities, civil
society, minorities, women, young people, indigenous peoples,
and other identified groups.

States and other duty-bearers are answerable for the


observance of human rights. They have to comply with the legal
norms and standards enshrined in international human rights
instruments in accordance with the Philippine Constitution.
Where they fail to do so, aggrieved rights-holders are entitled
to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the
rules and procedures provided by law.

CHAPTER II
DEFINITION OF TERMS

SEC. 4. Definitions. – For purposes of this Act, the


following terms shall mean:

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LEGISLATIVE MEASURES

(a) “Women Empowerment” refers to the provision,


availability, and accessibility of opportunities, services, and
observance of human rights which enable women to actively
participate and contribute to the political, economic, social, and
cultural development of the nation as well as those which shall
provide them equal access to ownership, management, and
control of production, and of material and informational
resources and benefits in the family, community, and society.

(b) “Discrimination Against Women” refers to any gender-


based distinction, exclusion, or restriction which has the effect
or purpose of impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural,
civil, or any other field.

It includes any act or omission, including by law, policy,


administrative measure, or practice, that directly or indirectly
excludes or restricts women in the recognition and promotion
of their rights and their access to and enjoyment of
opportunities, benefits, or privileges.

A measure or practice of general application is


discrimination against women if it fails to provide for
mechanisms to offset or address sex or gender-based
disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection
of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men,
are shown to have suffered the greater adverse effects of those
measures or practices.

Provided, finally, That discrimination compounded by or


intersecting with other grounds, status, or condition, such as
ethnicity, age, poverty, or religion shall be considered
discrimination against women under this Act.

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(c) “Marginalization” refers to a condition where a whole


category of people is excluded from useful and meaningful
participation in political, economic, social, and cultural life.

(d) “Marginalized” refers to the basic, disadvantaged, or


vulnerable persons or groups who are mostly living in poverty
and have little or no access to land and other resources, basic
social and economic services such as health care, education,
water and sanitation, employment and livelihood opportunities,
housing, social security, physical infrastructure, and the justice
system.

These include, but are not limited to, women in the


following sectors and groups:

(1) “Small Farmers and Rural Workers” refers to those


who are engaged directly or indirectly in small farms and forest
areas, workers in commercial farms and plantations, whether
paid or unpaid, regular or season-bound. These shall include.
but are not limited to, (a) small farmers who own or are still
amortizing for lands that is not more than three (3) hectares,
tenants, leaseholders, and stewards; and (b) rural workers who
are either wage earners, self-employed, unpaid family workers
directly and personally engaged in agriculture, small-scale
mining, handicrafts, and other related farm and off-farm
activities;

(2) “Fisherfolk” refers to those directly or indirectly


engaged in taking, culturing, or processing fishery or aquatic
resources. These include, but are not to be limited to, women
engaged in fishing in municipal waters, coastal and marine
areas, women workers in commercial fishing and aquaculture,
vendors and processors of fish and coastal products, and
subsistence producers such as shell-gatherers, managers, and
producers of mangrove resources, and other related producers:

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(3) “Urban Poor” refers to those residing in urban and


urbanizable slum or blighted areas, with or without the benefit
of security of abode, where the income of the head of the family
cannot afford in a sustained manner to provide for the family’s
basic needs of food, health, education, housing, and other
essentials in life;

(4) “Workers in the Formal Economy” refers to those who


are employed by any person acting directly or indirectly in the
interest of an employer in relation to an employee and shall
include the government and all its branches, subdivisions, and
instrumentalities, all government-owned and controlled
corporations and institutions, as well as non-profit private
institutions or organizations;

(5) “Workers in the Informal Economy” refers to self-


employed, occasionally or personally hired, subcontracted, paid
and unpaid family workers in household incorporated and
unincorporated enterprises, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores
and all other categories who suffer from violation of workers’
rights;

(6) “Migrant Workers” refers to Filipinos who are to be


engaged, are engaged, or have been engaged in a remunerated
activity in a State of which they are not legal residents, whether
documented or undocumented;

(7) “Indigenous Peoples” refers to a group of people or


homogenous societies identified by self-ascription and ascription
by other, who have continuously lived as organized community
on communally bounded and defined territory, and who have,
under claims of ownership since time immemorial, occupied,
possessed customs, tradition, and other distinctive cultural
traits, or who have, through resistance to political, social, and
cultural inroads of colonization, non-indigenous religions and
culture, became historically differentiated from the majority of

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Filipinos. They shall likewise include peoples who are regarded


as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions
and cultures, or the establishment of present state boundaries,
who retain some or all of their own social, economic, cultural,
and political institutions, but who may have been displaced from
their traditional domains or who may have resettled outside
their ancestral domains as defined under Section 3(h), Chapter
II of Republic Act No. 8371, otherwise known as “The Indigenous
Peoples Rights Act of 1997” (IPRA of 1997);

(8) “Moro” refers to native peoples who have historically


inhabited Mindanao, Palawan, and Sulu, and who are largely of
the Islamic faith;

(9) “Children” refers to those who are below eighteen


(18) years of age or over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental
disability or condition;

(10) “Senior Citizens” refers to those sixty (60) years of


age and above;

(11) “Persons with Disabilities” refers to those who are


suffering from restriction or different abilities, as a result of a
mental, physical, or sensory impairment to perform an activity
in the manner or within the range considered normal for a
human being; and

(12) “Solo Parents” refers to those who fall under the


category of a solo parent defined under Republic Act No. 8972,
otherwise known as the “Solo Parents Welfare Act of 2000”.

(e) “Substantive Equality” refers to the full and equal


enjoyment of rights and freedoms contemplated under this Act.

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It encompasses de jure and de facto equality and also equality


in outcomes.

(f) “Gender Equality” refers to the principle asserting


the equality of men and women and their right to enjoy equal
conditions realizing their full human potentials to contribute
to and benefit from the results of development, and with the
State recognizing that all human beings are free and equal in
dignity and rights.

(g) “Gender Equity” refers to the policies, instruments,


programs, services, and actions that address the disadvantaged
position of women in society by providing preferential treatment
and affirmative action. Such temporary special measures aimed
at accelerating de facto equality between men and women shall
not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards.
These measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.

(h) “Gender and Development (GAD)” refers to the


development perspective and process that are participatory and
empowering, equitable, sustainable, free from violence,
respectful of human rights, supportive of self-determination and
actualization of human potentials. It seeks to achieve gender
equality as a fundamental value that should be reflected in
development choices; seeks to transform society’s social,
economic, and political structures and questions the validity of
the gender roles they ascribed to women and men; contends
that women are active agents of development and not just
passive recipients of development assistance; and stresses the
need of women to organize themselves and participate in
political processes to strengthen their legal rights.

(i) “Gender Mainstreaming” refers to the strategy for


making women’s as well as men’s concerns and experiences an
integral dimension of the design, implementation, monitoring,

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and evaluation of policies and programs in all political,


economic, and societal spheres so that women and men benefit
equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned
action, including legislation, policies, or programs in all areas
and at all levels.

(j) “Temporary Special Measures” refers to a variety of


legislative, executive, administrative, and regulatory
instruments, policies, and practices aimed at accelerating this
de facto equality of women in specific areas. These measures
shall not be considered discriminatory but shall in no way entail
as a consequence the maintenance of unequal or separate
standards. They shall be discontinued when their objectives
have been achieved.

(k) “Violence Against Women” refers to any act of gender-


based violence that results in, or is likely to result in, physical,
sexual, or psychological harm or suffering to women, including
threats of such acts, coercion, or arbitrary deprivation of liberty,
whether occurring in public or in private life. It shall be
understood to encompass, but not limited to, the following:

(1) Physical, sexual, psychological, and economic violence


occurring in the family, including battering, sexual abuse of
female children in the household, dowry-related violence,
marital rape, and other traditional practices harmful to women,
non-spousal violence, and violence related to exploitation;

(2) Physical, sexual, and psychological violence occurring


within the general community, including rape, sexual abuse,
sexual harassment, and intimidation at work, in educational
institutions and elsewhere, trafficking in women, and
prostitution; and

(3) Physical, sexual, and psychological violence


perpetrated or condoned by the State, wherever it occurs.

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It also includes acts of violence against women as defined


in Republic Acts No. 9208 and 9262.

(l) “Women in the Military” refers to women employed


in the military, both in the major and technical services, who
are performing combat and/or noncombat functions, providing
security to the State, and protecting the people from various
forms of threat. It also includes women trainees in all military
training institutions.

(m) “Social Protection” refers to policies and programs


that seek to reduce poverty and vulnerability to risks and
enhance the social status and rights of all women, especially
the marginalized by promoting and protecting livelihood and
employment, protecting against hazards and sudden loss of
income, and improving people’s capacity to manage risk. Its
components are labor market programs, social insurance, social
welfare, and social safety nets.

CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

The State, private sector, society in general, and all


individuals shall contribute to the recognition, respect, and
promotion of the rights of women defined and guaranteed under
this Act.

SEC. 5. The State as the Primary Duty-Bearer. – The


State, as the primary duty-bearer, shall:

(a) Refrain from discriminating against women and


violating their rights;

(b) Protect women against discrimination and from


violation of their rights by private corporations, entities, and
individuals; and

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(c) Promote and fulfill the rights of women in all spheres,


including their rights to substantive equality and non-
discrimination.

The State shall fulfill these duties through law, policy,


regulatory instruments, administrative guidelines, and other
appropriate measures, including temporary special measures.

Recognizing the interrelation of the human rights of


women, the State shall take measures and establish mechanisms
to promote the coherent and integrated implementation, and
enforcement of this Act and related laws, policies, or other
measures to effectively stop discrimination against and advance
the rights of women.

The State shall keep abreast with and be guided by


progressive developments in human rights of women under
international law and design of policies, laws, and other
measures to promote the objectives of this Act.

SEC. 6. Duties of the State Agencies and


Instrumentalities. - These duties of the State shall extend to all
state agencies, offices, and instrumentalities at all levels and
government-owned and -controlled corporations, subject to the
Constitution and pertinent laws, policies, or administrative
guidelines that define specific duties of state agencies and
entities concerned.

SEC. 7. Suppletory Effect. - This chapter shall be deemed


integrated into and be suppletory to other provisions of this
Act, particularly those that guarantee specific rights to women
and define specific roles and require specific conduct of state
organs.

CHAPTER IV
RIGHTS AND EMPOWERMENT

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SEC. 8. Human Rights of Women. – All rights in the


Constitution and those rights recognized under international
instruments duly signed and ratified by the Philippines, in
consonance with Philippine law, shall be rights of women under
this Act to be enjoyed without discrimination.

SEC. 9. Protection from Violence. – The State shall ensure


that all women shall be protected from all forms of violence as
provided for in existing laws. Agencies of government shall give
priority to the defense and protection of women against gender-
based offenses and help women attain justice and healing.

Towards this end, measures to prosecute and reform


offenders shall likewise be pursued.

(a) Within the next five (5) years, there shall be an


incremental increase in the recruitment and training of women
in the police force, forensics and medico-legal, legal services,
and social work services availed of by women who are victims
of gender-related offenses until fifty percent (50%) of the
personnel thereof shall be women.

(b) Women shall have the right to protection and security


in situations of armed conflict and militarization. Towards this
end, they shall be protected from all forms of gender-based
violence, particularly rape and other forms of sexual abuse, and
all forms of violence in situations of armed conflict. The State
shall observe international standards for the protection of
civilian population in circumstances of emergency and armed
conflict. It shall not force women, especially indigenous peoples,
to abandon their lands, territories, and means of subsistence,
or relocate them in special centers for military purposes under
any discriminatory condition.

(c) All government personnel involved in the protection


and defense of women against gender-based violence shall

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undergo a mandatory training on human rights and gender


sensitivity pursuant to this Act.

(d) All local government units shall establish a Violence


Against Women’s Desk in every barangay to ensure that violence
against women cases are fully addressed in a gender-responsive
manner.

SEC. 10. Women Affected by Disasters, Calamities, and


Other Crisis Situations. – Women have the right to protection
and security in times of disasters, calamities, and other crisis
situations especially in all phases of relief, recovery,
rehabilitation, and construction efforts. The State shall provide
for immediate humanitarian assistance, allocation of resources,
and early resettlement, if necessary. It shall also address the
particular needs of women from a gender perspective to ensure
their full protection from sexual exploitation and other sexual
and gender- based violence committed against them. Responses
to disaster situations shall include the provision of services,
such as psychosocial support, livelihood support, education,
psychological health, and comprehensive health services,
including protection during pregnancy.

SEC. 11. Participation and Representation. – The State


shall undertake temporary special measures to accelerate the
participation and equitable representation of women in all
spheres of society particularly in the decision-making and policy-
making processes in government and private entities to fully
realize their role as agents and beneficiaries of development.

The State shall institute the following affirmative action


mechanisms so that women can participate meaningfully in the
formulation, implementation, and evaluation of policies, plans,
and programs for national, regional, and local development:

(a) Empowerment within the Civil Service. - Within the


next five (5) years, the number of women in third (3rd) level

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positions in government shall be incrementally increased to


achieve a fifty-fifty (50-50) gender balance;

(b) Development Councils and Planning Bodies. - To


ensure the participation of women in all levels of development
planning and program implementation, at least forty percent
(40%) of membership of all development councils from the
regional, provincial, city, municipal and barangay levels shall
be composed of women;

(c) Other Policy and Decision-Making Bodies. - Women’s


groups shall also be represented in international, national, and
local special and decision-making bodies;

(d) International Bodies. - The State shall take all


appropriate measures to ensure the opportunity of women, on
equal terms with men and without any discrimination, to
represent their governments at the international level and to
participate in the work of international organizations;

(e) Integration of Women in Political Parties. - The State


shall provide incentives to political parties with women’s
agenda. It shall likewise encourage the integration of women
in their leadership hierarchy, internal policy-making structures,
appointive, and electoral nominating processes; and

(f) Private Sector. - The State shall take measures to


encourage women leadership in the private sector in the form
of incentives.

SEC. 12. Equal Treatment Before the Law. – The State


shall take steps to review and, when necessary, amend and/or
repeal existing laws that are discriminatory to women within
three (3) years from the effectivity of this Act.

SEC. 13. Equal Access and Elimination of Discrimination


in Education, Scholarships, and Training. – (a) The State shall
ensure that gender stereotypes and images in educational

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materials and curricula are adequately and appropriately


revised. Gender-sensitive language shall be used at all times.
Capacity-building on gender and development (GAD), peace and
human rights, education for teachers, and all those involved in
the education sector shall be pursued toward this end.
Partnerships between and among players of the education
sector, including the private sector, churches, and faith groups
shall be encouraged.

(b) Enrollment of women in non-traditional skills training


in vocational and tertiary levels shall be encouraged.

(c) Expulsion and non-readmission of women faculty due


to pregnancy outside of marriage shall be outlawed. No school
shall turn out or refuse admission to a female student solely on
the account of her having contracted pregnancy outside of
marriage during her term in school.

SEC. 14. Women in Sports. – The State shall develop,


establish, and strengthen programs for the participation of
women and girl-children in competitive and non-competitive
sports as a means to achieve excellence, promote physical and
social well-being, eliminate gender-role stereotyping, and
provide equal access to the full benefits of development for all
persons regardless of sex, gender identity, and other similar
factors.

For this purpose, all sports-related organizations shall


create guidelines that will establish and integrate affirmative
action as a strategy and gender equality as a framework in
planning and implementing their policies, budgets, programs,
and activities relating to the participation of women and girls
in sports.

The State will also provide material and nonmaterial


incentives to local government units, media organizations, and
the private sector for promoting, training, and preparing women

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and girls for participation in competitive and non-competitive


sports, especially in local and international events, including,
but not limited to, the Palarong Pambansa, Southeast Asian
Games, Asian Games, and the Olympics.

No sports event or tournament will offer or award a


different sports prize, with respect to its amount or value, to
women and men winners in the same sports category: Provided,
That the said tournament, contest, race, match, event, or game
is open to both sexes: Provided, further, That the sports event
or tournament is divided into male or female divisions.

The State shall also ensure the safety and well-being of


all women and girls participating in sports, especially, but not
limited to, trainees, reserve members, members, coaches, and
mentors of national sports teams, whether in studying, training,
or performance phases, by providing them comprehensive
health and medical insurance coverage, as well as integrated
medical, nutritional, and healthcare services.

Schools, colleges, universities, or any other learning


institution shall take into account its total women student
population in granting athletic scholarship. There shall be a
pro rata representation of women in the athletic scholarship
program based on the percentage of women in the whole student
population.

SEC. 15. Women in the Military. – The State shall pursue


appropriate measures to eliminate discrimination of women in
the military, police, and other similar services, including revising
or abolishing policies and practices that restrict women from
availing of both combat and noncombat training that are open
to men, or from taking on functions other than administrative
tasks, such as engaging in combat, security-related, or field
operations. Women in the military shall be accorded the same
promotional privileges and opportunities as men, including pay
increases, additional remunerations and benefits, and awards

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based on their competency and quality of performance. Towards


this end, the State shall ensure that the personal dignity of
women shall always be respected.

Women in the military, police, and other similar services


shall be provided with the same right to employment as men on
equal conditions. Equally, they shall be accorded the same
capacity as men to act in and enter into contracts, including
marriage.

Further, women in the military, police, and other similar


services shall be entitled to leave benefits such as maternity
leave, as provided for by existing laws.

SEC. 16. Non-discriminatory and No derogatory


Portrayal of Women in Media and Film. – The State shall
formulate policies and programs for the advancement of women
in collaboration with government and nongovernment media-
related organizations. It shall likewise endeavor to raise the
consciousness of the general public in recognizing the dignity
of women and the role and contribution of women in the family,
community, and the society through the strategic use of mass
media.

For this purpose, the State shall ensure allocation of


space, airtime, and resources, strengthen programming,
production, and image-making that appropriately present
women’s needs, issues, and concerns in all forms of media,
communication, information dissemination, and advertising.

The State, in cooperation with all schools of journalism,


information, and communication, as well as the national media
federations and associations, shall require all media
organizations and corporations to integrate into their human
resource development components regular training on gender
equality and gender-based discrimination, create and use gender
equality guidelines in all aspects of management, training,

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production, information, dissemination, communication, and


programming; and convene a gender equality committee that
will promote gender mainstreaming as a framework and
affirmative action as a strategy, and monitor and evaluate the
implementation of gender equality guidelines.

SEC. 17. Women’s Right to Health. – (a) Comprehensive


Health Services. – The State shall, at all times, provide for a
comprehensive, culture-sensitive, and gender-responsive health
services and programs covering all stages of a woman’s life cycle
and which addresses the major causes of women’s mortality and
morbidity: Provided, That in the provision for comprehensive
health services, due respect shall be accorded to women’s
religious convictions, the rights of the spouses to found a family
in accordance with their religious convictions, and the demands
of responsible parenthood, and the right of women to protection
from hazardous drugs, devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services


to address pregnancy and infant health and nutrition;

(2) Promotion of breastfeeding;

(3) Responsible, ethical, legal, safe, and effective methods


of family planning;

(4) Family and State collaboration in youth sexuality


education and health services without prejudice to the primary
right and duty of parents to educate their children;

(5) Prevention and management of reproductive tract


infections, including sexually transmitted diseases, HIV, and
AIDS;

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(6) Prevention and management of reproductive tract


cancers like breast and cervical cancers, and other gynecological
conditions and disorders;

(7) Prevention of abortion and management of pregnancy-


related complications;

(8) In cases of violence against women and children,


women and children victims and survivors shall be provided
with comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance
towards healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual


dysfunction pursuant to ethical norms and medical standards;

(10) Care of the elderly women beyond their child-bearing


years; and

(11) Management, treatment, and intervention of mental


health problems of women and girls.

In addition, healthy lifestyle activities are encouraged


and promoted through programs and projects as strategies in
the prevention of diseases.

(b) Comprehensive Health Information and Education. -


The State shall provide women in all sectors with appropriate,
timely, complete, and accurate information and education on
all the above-stated aspects of women’s health in government
education and training programs, with due regard to the
following:

(1) The natural and primary right and duty of parents in


the rearing of the youth and the development of moral character
and the right of children to be brought up in an atmosphere of
morality and rectitude for the enrichment and strengthening
of character;

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(2) The formation of a person’s sexuality that affirms


human dignity; and

(3) Ethical, legal, safe, and effective family planning


methods including fertility awareness.

SEC. 18. Special Leave Benefits for Women. – A woman


employee having rendered continuous aggregate employment
service of at least six (6) months for the last twelve (12) months
shall be entitled to a special leave benefit of two (2) months
with full pay based on her gross monthly compensation following
surgery caused by gynecological disorders.

SEC 19. Equal Rights in All Matters Relating to Marriage


and Family Relations. – The State shall take all appropriate
measures to eliminate discrimination against women in all
matters relating to marriage and family relations and shall
ensure:

(a) the same rights to enter into and leave marriages or


common law relationships referred to under the Family Code
without prejudice to personal or religious beliefs;

(b) the same rights to choose freely a spouse and to enter


into marriage only with their free and full consent. The betrothal
and the marriage of a child shall have no legal effect;

(c) the joint decision on the number and spacing of their


children and to have access to the information, education and
means to enable them to exercise these rights;

(d) the same personal rights between spouses or common


law spouses including the right to choose freely a profession
and an occupation;

(e) the same rights for both spouses or common law


spouses in respect of the ownership, acquisition, management,
administration, enjoyment, and disposition of property;

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(f) the same rights to properties and resources, whether


titled or not, and inheritance, whether formal or customary;
and

(g) women shall have equal rights with men to acquire,


change, or retain their nationality. The State shall ensure in
particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically
change the nationality of the wife, render her stateless or force
upon her the nationality of the husband. Various statutes of
other countries concerning dual citizenship that may be enjoyed
equally by women and men shall likewise be considered.

Customary laws shall be respected: Provided, however,


That they do not discriminate against women.

CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED
SECTORS

Women in marginalized sectors are hereby guaranteed


all civil, political, social, and economic rights recognized,
promoted, and protected under existing laws including, but not
limited to, the Indigenous Peoples Rights Act, the Urban
Development and Housing Act, the Comprehensive Agrarian
Reform Law, the Fisheries Code, the Labor Code, the Migrant
Workers Act, the Solo Parents Welfare Act, and the Social
Reform and Poverty Alleviation Act.

SEC. 20. Food Security and Productive Resources. – The


State recognizes the contribution of women to food production
and shall ensure its sustainability and sufficiency with the active
participation of women. Towards this end, the State shall
guarantee, at all times, the availability in the market of safe
and health-giving food to satisfy the dietary needs of the
population, giving particular attention to the specific needs of
poor girl-children and marginalized women, especially pregnant

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and lactating mothers and their young children. To further


address this, the State shall ensure:

(a) Right to Food. - The State shall guarantee the


availability of food in quantity and quality sufficient to satisfy
the dietary needs of individuals, the physical and economic
accessibility for everyone to adequate food that is culturally
acceptable and free from unsafe substances and culturally
accepted, and the accurate and substantial information to the
availability of food, including the right to full, accurate, and
truthful information about safe and health-giving foods and how
to produce and have regular and easy access to them;

(b) Right to Resources for Food Production. - The State


shall guarantee women a vital role in food production by giving
priority to their rights to land, credit, and infrastructure
support, technical training, and technological and marketing
assistance. The State shall promote women-friendly technology
as a high priority activity in agriculture and shall promote the
right to adequate food by proactively engaging in activities
intended to strengthen access to, utilization of, and receipt of
accurate and substantial information on resources and means
to ensure women’s livelihood, including food security:

(1) Equal status shall be given to women and men,


whether married or not, in the titling of the land and issuance
of stewardship contracts and patents;

2) Equal treatment shall be given to women and men


beneficiaries of the agrarian reform program, wherein the vested
right of a woman agrarian reform beneficiary is defined by a
woman’s relationship to tillage, i.e., her direct and indirect
contribution to the development of the land;

(3) Customary rights of women to the land, including


access to and control of the fruits and benefits shall be recognized

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in circumstances where private ownership is not possible, such


as ancestral domain claims:

(4) Information and assistance in claiming rights to the


land shall be made available to women at all times;

(5) Equal rights to women to the enjoyment, use, and


management of land, water, and other natural resources within
their communities or ancestral domains;

(6) Equal access to the use and management of fisheries


and aquatic resources, and all the rights and benefits accruing
to stakeholders in the fishing industry;

(7) Equal status shall be given to women and men in the


issuance of stewardship or lease agreements and other fishery
rights that may be granted for the use and management of coastal
and aquatic resources. In the same manner, women’s
organizations shall be given equal treatment as with other
marginalized fishers organizations in the issuance of
stewardship or lease agreements or other fishery rights for the
use and management of such coastal and aquatic resources which
may include providing support to women-engaged coastal
resources;

(8) There shall be no discrimination against women in


the deputization of fish wardens;

(9) Women-friendly and sustainable agriculture


technology shall be designed based on accessibility and viability
in consultation with women’s organizations;

(10) Access to small farmer-based and controlled seeds


production and distribution shall be ensured and protected;

(11) Indigenous practices of women in seed storage and


cultivation shall be recognized, encouraged, and protected;

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(12) Equal rights shall be given to women to be members


of farmers’ organizations to ensure wider access to and control
of the means of production;

(13) Provide opportunities for empowering women


fishers to be involved in the control and management, not only
of the catch and production of aquamarine resources but also,
to engage in entrepreneurial activities which will add value to
production and marketing ventures; and

(14) Provide economic opportunities for the indigenous


women, particularly access to market for their produce.

In the enforcement of the foregoing, the requirements of


law shall be observed at all times.

SEC. 21. Right to Housing. – The State shall develop


housing programs for women that are localized, simple,
accessible, with potable water, and electricity, secure, with viable
employment opportunities and affordable amortization. In this
regard, the State shall consult women and involve them in
community planning and development, especially in matters
pertaining to land use, zoning, and relocation.

SEC. 22. Right to Decent Work. – The State shall


progressively realize and ensure decent work standards for
women that involve the creation of jobs of acceptable quality in
conditions of freedom, equity, security, and human dignity.

(a) Decent work involves opportunities for work that are


productive and fairly remunerative as family living wage,
security in the workplace, and social protection for families,
better prospects for personal development and social
integration, freedom for people to express their concerns
organize, participate in the decisions that affect their lives, and
equality of opportunity and treatment for all women and men.

(b) The State shall further ensure:

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(1) Support services and gears to protect them from


occupational and health hazards taking into account women’s
maternal functions;

(2) Support services that will enable women to balance


their family obligations and work responsibilities including, but
not limited to, the establishment of day care centers and breast-
feeding stations at the workplace, and providing maternity leave
pursuant to the Labor Code and other pertinent laws;

(3) Membership in unions regardless of status of


employment and place of employment; and

(4) Respect for the observance of indigenous peoples’


cultural practices even in the workplace.

(c) In recognition of the temporary nature of overseas


work, the State shall exert all efforts to address the causes of
out-migration by developing local employment and other
economic opportunities for women and by introducing measures
to curb violence and forced and involuntary displacement of
local women. The State shall ensure the protection and
promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against
discrimination in wages, conditions of work, and employment
opportunities in host countries.

SEC. 23. Right to Livelihood, Credit, Capital, and


Technology. – The State shall ensure that women are provided
with the following:

(a) Equal access to formal sources of credit and capital;

(b) Equal share to the produce of farms and aquatic


resources; and

(c) Employment opportunities for returning women


migrant workers taking into account their skills and

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LEGISLATIVE MEASURES

qualifications. Corollarily, the State shall also promote skills


and entrepreneurship development of returning women migrant
workers.

SEC. 24. Right to Education and Training. – The State


shall ensure the following:

(a) Women migrant workers have the opportunity to


undergo skills training, if they so desire, before taking on a
foreign job, and possible retraining upon return to the country:

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit


and fitness, especially to those interested in research and
development aimed towards women-friendly farm technology.

SEC. 25. Right to Representation and Participation. –


The State shall ensure women’s participation in policy-making
or decision-making bodies in the regional, national, and
international levels. It shall also ensure the participation of
grassroots women leaders in decision and policy-making bodies
in their respective sectors including, but not limited to, the
Presidential Agrarian Reform Council (PARC) and its local
counterparts; community-based resource management bodies
or mechanisms on forest management and stewardship; the
National Fisheries and Aquatic Resources Management Council
(NFARMC) and its local counterparts; the National Commission
on Indigenous Peoples; the Presidential Commission for the
Urban Poor; the National Anti-Poverty Commission; and, where
applicable, the local housing boards.

SEC. 26. Right to Information. – Access to information


regarding policies on women, including programs, projects, and
funding outlays that affect them, shall be ensured.

SEC. 27. Social Protection. –(a) The Social Security


System (SSS) and the Philippine Health Insurance Corporation

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(PhilHealth) shall support indigenous and community-based


social protection schemes.

(b) The State shall institute policies and programs that


seek to reduce the poverty and vulnerability to risks and
enhance the social status and rights of the marginalized women
by promoting and protecting livelihood and employment,
protecting against hazards and sudden loss of income, and
improving people’s capacity to manage risks.

(c) The State shall endeavor to reduce and eventually


eliminate transfer costs of remittances from abroad through
appropriate bilateral and multilateral agreements. It shall
likewise provide access to investment opportunities for
remittances in line with national development efforts.

(d) The State shall establish a health insurance program


for senior citizens and indigents.

(e) The State shall support women with disabilities on a


community-based social protection scheme.

SEC. 28. Recognition and Preservation of Cultural


Identity and Integrity. – The State shall recognize and respect
the rights of Moro and indigenous women to practice, promote,
protect, and preserve their own culture, traditions, and
institutions and to consider these rights in the formulation and
implementation of national policies and programs. To this end,
the State shall adopt measures in consultation with the sectors
concerned to protect their rights to their indigenous knowledge
systems and practices, traditional livelihood, and other
manifestations of their cultures and ways of life: Provided, That
these cultural systems and practices are not discriminatory to
women.

SEC. 29. Peace and Development. – The peace process


shall be pursued with the following considerations:

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LEGISLATIVE MEASURES

(a) Increase the number of women participating in


discussions and decision-making in the peace process, including
membership in peace panels recognizing women’s role in conflict-
prevention and peace-making and in indigenous system of
conflict resolution;

(b) Ensure the development and inclusion of women’s


welfare and concerns in the peace agenda in the overall peace
strategy and women’s participation in the planning,
implementation, monitoring, and evaluation of rehabilitation
and rebuilding of conflict-affected areas;

(c) The institution of measures to ensure the protection


of civilians in conflict-affected communities with special
consideration for the specific needs of women and girls:

(d) Include the peace perspective in the education


curriculum and other educational undertakings; and

(e) The recognition and support for women’s role in


conflict-prevention, management, resolution and peacemaking,
and in indigenous systems of conflict resolution.

SEC. 30. Women in Especially Difficult Circumstances.


– For purposes of this Act, “Women in Especially Difficult
Circumstances” (WEDC) shall refer to victims and survivors of
sexual and physical abuse, illegal recruitment, prostitution,
trafficking, armed conflict, women in detention, victims and
survivors of rape and incest, and such other related
circumstances which have incapacitated them functionally. Local
government units are therefore mandated to deliver the
necessary services and interventions to WEDC under their
respective jurisdictions.

SEC. 31. Services and Interventions. – WEDC shall be


provided with services and interventions as necessary such as,
but not limited to, the following:

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(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(d) Counseling;

(e) Psychiatric evaluation;

(f) Legal services;

(g) Productivity skills capability building;

(h) Livelihood assistance;

(i) Job placement;

(j) Financial assistance: and

(k) Transportation assistance.

SEC. 32. Protection of Girl-Children. – (a) The State shall


pursue measures to eliminate all forms of discrimination against
girl-children in education, health and nutrition, and skills
development.

(b) Girl-children shall be protected from all forms of abuse


and exploitation.

(c) Equal access of Moro and indigenous girl-children in


the Madaris, schools of living culture and traditions, and the
regular schools shall be ensured.

(d) Gender-sensitive curriculum, including legal literacy,


books, and curriculum in the Madaris and schools of living
culture and traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and


indigenous practices, such as fasting in the month of Ramadan,

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LEGISLATIVE MEASURES

choice of clothing (including the wearing of hijab) , and


availability of halal food shall be ensured.

SEC. 33. Protection of Senior Citizens. – The State shall


protect women senior citizens from neglect, abandonment,
domestic violence, abuse, exploitation, and discrimination.
Towards this end, the State shall ensure special protective
mechanisms and support services against violence, sexual abuse,
exploitation, and discrimination of older women.

SEC. 34. Women are entitled to the recognition and


protection of their rights defined and guaranteed under this
Act including their right to non-discrimination.

SEC. 35. Discrimination Against Women is Prohibited. –


Public and private entities and individuals found to have
committed discrimination against women shall be subject to the
sanctions provided in Section 41 hereof. Violations of other
rights of women shall be subject to sanctions under pertinent
laws and regulations.

CHAPTER VI
INSTITUTIONAL MECHANISMS

SEC. 36. Gender Mainstreaming as a Strategy for


Implementing the Magna Carta of Women. – Within a period
prescribed in the implementing rules and regulations, the
National Commission on the Role of Filipino Women (NCRFW)
shall assess its gender mainstreaming program for consistency
with the standards under this Act. It shall modify the program
accordingly to ensure that it will be an effective strategy for
implementing this Act and attaining its objectives.

All departments, including their attached agencies,


offices, bureaus, state universities and colleges, government-
owned and -controlled corporations, local government units, and
other government instrumentalities shall adopt gender

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mainstreaming as a strategy to promote women’s human rights


and eliminate gender discrimination in their systems, structures,
policies, programs, processes, and procedures which shall
include, but not limited to, the following:

(a) Planning, budgeting, monitoring and evaluation for


GAD. GAD programs addressing gender issues and concerns
shall be designed and implemented based on the mandate of
government agencies and local government units, Republic Act
No. 7192, gender equality agenda of the government and other
GAD-related legislation, policies, and commitments. The
development of GAD programs shall proceed from the conduct
of a gender audit of the agency or the local government unit
and a gender analysis of its policies, programs, services and the
situation of its clientele; the generation and review of sex-
disaggregated data; and consultation with gender/women’s rights
advocates and agency/women clientele. The cost of
implementing GAD programs shall be the agency’s or the local
government unit’s GAD budget which shall be at least five
percent (5%) of the agency’s or the local government unit’s total
budget appropriations.

Pursuant to Republic Act No. 7192, otherwise known as


the Women in Development and Nation Building Act, which
allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to GAD, government agencies receiving
official development assistance should ensure the allocation and
proper utilization of such funds to gender-responsive programs
that complement the government GAD funds and annually
report accomplishments thereof to the National Economic and
Development Authority (NEDA) and the Philippine Commission
on Women (PCW).

The utilization and outcome of the GAD budget shall be


annually monitored and evaluated in terms of its success in
influencing the gender-responsive implementation of agency

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LEGISLATIVE MEASURES

programs funded by the remaining ninety-five percent (95%)


budget.

The Commission on Audit (COA) shall conduct an annual


audit on the use of the GAD budget for the purpose of
determining its judicious use and the efficiency, and
effectiveness of interventions in addressing gender issues
towards the realization of the objectives of the country’s
commitments, plans, and policies on women empowerment,
gender equality, and GAD.

Local government units are also encouraged to develop


and pass a GAD Code based on the gender issues and concerns
in their respective localities based on consultation with their
women constituents and the women’s empowerment and gender
equality agenda of the government. The GAD Code shall also
serve as basis for identifying programs, activities, and projects
on GAD.

Where needed, temporary gender equity measures shall


be provided for in the plans of all departments, including their
attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local
government units, and other government instrumentalities.

To move towards a more sustainable, gender-responsive,


and performance-based planning and budgeting, gender issues
and concerns shall be integrated in, among others, the following
plans:

(1) Macro socioeconomic plans such as the Medium-Term


Philippine Development Plan and Medium-Term Philippine
Investment Plan;

(2) Annual plans of all departments, including their


attached agencies, offices, bureaus, state universities and

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colleges, and government-owned and -controlled corporations;


and

(3) Local plans and agenda such as executive-legislative


agenda, comprehensive development plan (CDP),
comprehensive land use plan (CLUP), provincial development
and physical framework plan (PDPFP), and annual investment
plan.

(b) Creation and/or Strengthening of the GAD Focal


Points (GFP). All departments, including their attached
agencies, offices, bureaus, state universities and colleges,
government-owned and -controlled corporations, local
government units, and other government instrumentalities shall
establish or strengthen their GAD Focal Point System or similar
GAD mechanism to catalyze and accelerate gender
mainstreaming within the agency or local government unit.

The GAD Focal Point System shall be composed of the


agency head or local chief executive, an executive committee
with an Undersecretary (or its equivalent), local government
unit official, or office in a strategic decision-making position as
Chair; and a technical working group or secretariat which is
composed of representatives from various divisions or offices
within the agency or local government unit.

The tasks and functions of the members of the GFP shall


form part of their regular key result areas and shall be given
due consideration in their performance evaluation.

(c) Generation and Maintenance of GAD Database. All


departments, including their attached agencies, offices,
bureaus, state universities and colleges, government-owned and
- controlled corporations, local government units, and other
government instrumentalities shall develop and maintain a
GAD database containing gender statistics and sex
disaggregated data that have been systematically gathered,
regularly updated and subjected to gender analysis for planning,
programming, and policy formulation.
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LEGISLATIVE MEASURES

SEC. 37. Gender Focal Point Officer in Philippine


Embassies and Consulates. – An officer duly trained on GAD
shall be designated as the gender focal point in the consular
section of Philippine embassies or consulates. Said officer shall
be primarily responsible in handling gender concerns of women
migrant workers. Attached agencies shall cooperate in
strengthening the Philippine foreign posts’ programs for the
delivery of services to women migrant workers.

SEC. 38. National Commission on the Role of Filipino


Women (NCRFW). – The National Commission on the Role of
Filipino Women (NCRFW) shall be renamed as the Philippine
Commission on Women (PCW), the primary policymaking and
coordinating body of the women and gender equality concerns
under the Office of the President. The PCW shall be the overall
monitoring body and oversight to ensure the implementation
of this Act. In doing so, the PCW may direct any government
agency and instrumentality, as may be necessary, to report on
the implementation of this Act and for them to immediately
respond to the problems brought to their attention in relation
to this Act. The PCW shall also lead in ensuring that government
agencies are capacitated on the effective implementation of this
Act. The chairperson shall likewise report to the President in
Cabinet meetings on the implementation of this Act.

To the extent possible, the PCW shall influence the


systems, processes, and procedures of the executive, legislative,
and judicial branches of government vis-a-vis GAD to ensure
the implementation of this Act.

To effectively and efficiently undertake and accomplish


its functions, the PCW shall revise its structure and staffing
pattern with the assistance of the Department of Budget and
Management.

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SEC. 39. Commission on Human Rights (CHR). – The


Commission, acting as the Gender and Development Embed,
consistent with its mandate, shall undertake measures such as
the following:

(a) Monitor with the PCW and other state agencies,


among others, in developing indicators and guidelines to comply
with their duties related to the human rights of women,
including their right to non-discrimination guaranteed under
this Act;

(b) Designate one (1) commissioner and/or its Women’s


Human Rights Center to be primarily responsible for
formulating and implementing programs and activities related
to the promotion and protection of the human rights of women,
including the investigations and complaints of discrimination
and violations of their rights brought under this Act and related
laws and regulations;

(c) Establish guidelines and mechanisms, among others,


that will facilitate access of women to legal remedies under this
Act and related laws, and enhance the protection and promotion
of the rights of women, especially marginalized women;

(d) Assist in the filing of cases against individuals,


agencies, institutions, or establishments that violate the
provisions of this Act; and

(e) Recommend to the President of the Philippines or


the Civil Service Commission any possible administrative action
based on noncompliance or failure to implement the provisions
of this Act.

SEC. 40. Monitoring Progress and Implementation and


Impact of this Act. – The PCW, in coordination with other state
agencies and the CHR, shall submit to Congress regular reports
on the progress of the implementation of this Act highlighting
the impact thereof on the status and human rights of women:

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LEGISLATIVE MEASURES

Provided, That the second report shall include an assessment


of the effectiveness of this Act and recommend amendments to
improve its provisions: Provided, finally, That these reports shall
be submitted to Congress every three (3) years or as determined
in the implementing rules and regulations.

SEC. 41. Penalties. – Upon finding of the CHR that a


department, agency, or instrumentality of government,
government-owned and -controlled corporation, or local
government unit has violated any provision of this Act and its
implementing rules and regulations, the sanctions under
administrative law, civil service, or other appropriate laws shall
be recommended to the Civil Service Commission and/or the
Department of the Interior and Local Government. The person
directly responsible for the violation as well as the head of the
agency or local chief executive shall be held liable under this
Act.

If the violation is committed by a private entity or


individual, the person directly responsible for the violation shall
be liable to pay damages.

Filing a complaint under this Act shall not preclude the


offended party from pursuing other remedies available under
the law and to invoke any of the provisions of existing laws
especially those recently enacted laws protecting women and
children, including the Women in Development and Nation
Building Act (Republic Act No. 7192), the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination
Act (Republic Act No. 7610), the Anti-Sexual Harassment Act of
1995 (Republic Act No. 7877), the Anti-Rape Law of 1997
(Republic Act No. 8353), the Rape Victim Assistance and
Protection Act of 1998 (Republic Act No. 8505), the Anti-
Trafficking in Persons Act of 2003 (Republic Act No. 9208) and
the Anti- Violence Against Women and Their Children Act of
2004 (Republic Act No. 9262). If violence has been proven to be
perpetrated by agents of the State including, but not limited to,

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extrajudicial killings, enforced disappearances, torture, and


internal displacements, such shall be considered aggravating
offenses with corresponding penalties depending on the severity
of the offenses.

SEC. 42. Incentives and Awards. – There shall be


established an incentives and awards system which shall be
administered by a board under such rules and regulations as
may be promulgated by the PCW to deserving entities,
government agencies, and local government units for their
outstanding performance in upholding the rights of women and
effective implementation of gender-responsive programs.

SEC. 43. Funding. – The initial funding requirements for


the implementation of this Act shall be charged against the
current appropriations of the agencies concerned. Thereafter,
such sums as may be necessary for the implementation of this
Act shall be included in the agencies’ yearly budgets under the
General Appropriations Act.

The State shall prioritize allocation of all available


resources to effectively fulfill its obligations specified under this
Act. The State agencies’ GAD budgets, which shall be at least
five percent (5%) of their total budgetary allocation, shall also
be utilized for the programs and activities to implement this
Act.

SEC. 44. Implementing Rules and Regulations. – As the


lead agency, the PCW shall, in coordination with the Commission
on Human Rights and all concerned government departments
and agencies including, as observers, both Houses of Congress
through the Committee on Youth, Women and Family Relations
(Senate) and the Committee on Women and Gender Equality
(House of Representatives) and with the participation of
representatives from nongovernment organizations (NGOs) and
civil society groups with proven track record of involvement
and promotion of the rights and welfare of Filipino women and

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LEGISLATIVE MEASURES

girls identified by the PCW, formulate the implementing rules


and regulations (IRR) of this Act within one hundred eighty (180)
days after its effectivity.

SEC. 45. Separability Clause. – If any provision or part


hereof is held invalid or unconstitutional, the remainder of the
law or the provisions not otherwise affected shall remain valid
and subsisting.

SEC. 46. Repealing Clause. – Any law, presidential decree


or issuance, executive order, letter of instruction,
administrative order, rule, or regulation contrary to, or
inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SEC. 47. Effectivity Clause. – This Act shall take effect


fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.

Approved, August 14, 2009.

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REPUBLIC ACT NO. 10028

AN ACT EXPANDING THE PROMOTION OF


BREASTFEEDING, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS
“AN ACT PROVIDING INCENTIVES TO ALL
GOVERNMENT AND PRIVATE HEALTH
INSTITUTIONS WITH ROOMING-IN AND
BREASTFEEDING PRACTICES 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 “Expanded Breastfeeding Promotion Act of 2009”.

SEC. 2. Section 2 of Republic Act No. 7600 is hereby


amended to read as follows:

“SEC. 2. Declaration of Policy. – The State adopts


rooming-in as a national policy to encourage, protect and support
the practice of breastfeeding. It shall create an environment
where basic physical, emotional, and psychological needs of
mothers and infants are fulfilled through the practice of
rooming-in and breastfeeding.

“The State shall likewise protect working women by


providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation. This is
consistent with international treaties and conventions to which
the Philippines is a signatory such as the Convention on the
Elimination of Discrimination Against Women (CEDAW), which
emphasizes provision of necessary supporting social services
to enable parents to combine family obligations with work

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LEGISLATIVE MEASURES

responsibilities; the Beijing Platform for Action and Strategic


Objective, which promotes harmonization of work and family
responsibilities for women and men; and the Convention on the
Rights of the Child, which recognizes a child’s inherent right to
life and the State’s obligations to ensure the child’s survival and
development.

“Breastfeeding has distinct advantages which benefit the


infant and the mother, including the hospital and the country
that adopt its practice. It is the first preventive health measure
that can be given to the child at birth. It also enhances mother-
infant relationship. Furthermore, the practice of breastfeeding
could save the country valuable foreign exchange that may
otherwise be used for milk importation.

“Breastmilk is the best food since it contains essential


nutrients completely suitable for the infant’s needs. It is also
nature’s first immunization, enabling the infant to fight potential
serious infection. It contains growth factors that enhance the
maturation of an infant’s organ systems.

“Towards this end, the State shall promote and encourage


breastfeeding and provide the specific measures that would
present opportunities for mothers to continue expressing their
milk and/or breastfeeding their infant or young child.”

XXX XXX XXX

SEC. 17. Funding. – Government agencies, including their


subdivisions and instrumentalities, shall use their respective
budget for gender and development or their budgets for repairs,
maintenance and materials acquisition to comply with Section
6 hereof.

SEC. 18. Rules and Regulations. – The Department of


Health, as the lead agency, in coordination with the Department
of Labor and Employment, the Department of Trade and

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Industry, the Department of Justice, the Department of Social


Welfare and Development, the Department of Education, the
Department of the Interior and Local Government, the Civil
Service Commission, the Commission on Higher Education, the
technical Education and Skills Development Authority and
professional and nongovernmental organizations concerned,
shall issue within one hundred and twenty (120) days upon its
effectivity the rules and regulations necessary to carry out the
provisions of this Act.

SEC. 19. Separability Clause. – If any clause, sentence,


paragraph or part of this Act shall be declared to be invalid, the
remainder of this Act or any provision not affected thereby shall
remain in force and effect.

SEC. 20. Repealing Clause. – All laws, presidential


decrees, executive orders, rules and regulations or parts thereof
which are not consistent with this Act are hereby repealed,
amended or modified accordingly.

SEC. 21. Effectivity Clause. – This Act shall take effect


fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation, whichever
comes earlier.

Approved, March 16, 2010.

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LEGISLATIVE MEASURES

REPUBLIC ACT NO. 10151

AN ACT ALLOWING THE EMPLOYMENT OF NIGHT


WORKERS, THEREBY REPEALING ARTICLES 130
AND 131 OF PRESIDENTIAL DECREE NUMBER
FOUR HUNDRED FORTY-TWO, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of


the Philippines in Congress assembled:

SECTION 1. Article 130 of the Labor Code is hereby


repealed.

SEC. 2. Article 131 of the Labor Code is hereby repealed.

SEC. 3. The subsequent articles in Boot Three, Title III,


Chapter I to Chapter IV of Presidential Decree No. 442 are
hereby renumbered accordingly.

SEC. 4. A new chapter is hereby inserted after Book


Three, Title III of Presidential Decree No. 442, to read as follows:

“Chapter V
“Employment of Night Workers

XXX XXX XXX

“Art. 158. Women Night Workers.— Measures shall be


taken to ensure thatan alternative to night work is available to
women workers who would otherwise be called upon to perform
such work:

“(a) Before and after childbirth, for a period of at least


sixteen (16) weeks, which shall be divided between the time
before and after childbirth;

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“(b) For additional periods, in respect of which a medical


certificate is produced stating that said additional periods are
necessary for the health of the mother or child:

“(1) During pregnancy;

“(2) During a specified time beyond the period, after


childbirth is fixed pursuant to subparagraph (a) above, the length
of which shall be determined by the DOLE after consulting the
labor organizations and employers.

“During the periods referred to in this article:

“(i) A woman worker shall not be dismissed or given


notice of dismissal, except for just or authorised causes
provided for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities.

“(ii) A woman worker shall not lose the benefits regarding


her status, seniority, and access to promotion which may attach
to her regular night work position.

‘Pregnant women and nursing mothers may he allowed


to work at night only if a competent physician, other than the
company physician, shall certify their fitness to render night
work, and specify, in the ease of pregnant employees, the period
of the pregnancy that they can safely work.

“The measures referred to in this article may include


transfer to day work where this is possible, the provision of
social security benefits or an extension of maternity leave.

“The provisions of this article shall not have the effect of


reducing the protection and benefits connected with maternity
leave under existing laws.”

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LEGISLATIVE MEASURES

“Art. 159. Compensation. – The compensation for night


workers in the form of working time, pay or similar benefits
shall recognize the exceptional nature of night work.”

“Art. 160. Social Services. – Appropriate social services


shall be provided for night workers and, where necessary, for
workers performing night work.”

“Art. 161. Night Work Schedules. – Before introducing


work schedules requiring the services of night workers, the
employer shall consult the workers’ representatives/labor
organizations concerned on the details of such schedules and
the forms of organization of night work that are best adapted
to the establishment and its personnel, as well as on the
occupational health measures and social services which are
required. In establishments employing night workers,
consultation shall take place regularly.”

SEC. 5. The subsequent articles starting from Book Four,


Title I, Chapter I of Presidential Decree No. 442 are hereby
renumbered accordingly.

SEC. 6. Application. – The measures referred to in this


chapter shall be applied not later than six (G) months from the
effectivity of this Act.

SEC. 7. Guidelines. – The DOLE shah promulgate


appropriate regulations in addition to existing ones to ensure
protection, safety and welfare of night workers.

SEC. 8. Penalties. – Any violation of this Act, and the


rules and regulations issued pursuant hereof shall be punished
with a fine of not less than Thirty thousand pesos (P30,000.00)
nor more than Fifty thousand pesos (P50,000.00) or imprisonment
of not less than six (6) months, or both, at the discretion of the
court. If the offense is committed by a corporation, trust, firm,
partnership or association, or other entity, the penalty shall be

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imposed upon the guilty officer or officers of such corporation,


trust, firm, partnership or association, or entity.

SEC. 9. Separability Clause. – If any portion of this Act


is declared unconstitutional, the same shall not affect the validity
and effectivity of the other provisions not affected thereby.

SEC. 10. Repealing Clause. – All laws, acts, decrees,


executive orders, rules and regulations or other issuances or
parts thereof, which are inconsistent with this Act, are hereby
modified and repealed.

SEC. 11 Effectivity Clause.– This Act shall take effect


after fifteen (15) days following its publication in two (2) national
newspapers of general circulation.

Approved, June 21, 2011.

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EXECUTIVE ISSUANCES

PART II
Executive Issuances

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392
EXECUTIVE ISSUANCES

MALACAÑANG

Manila

PRESIDENTIAL DECREE NO. 148

AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC


ACT NUMBERED SIX HUNDRED SEVENTY NINE, AS
AMENDED, COMMONLY KNOWN AS THE WOMAN
AND CHILD LABOR LAW.

WHEREAS, under Section 9, Article II of the New


Constitution, the State shall among other policies, afford
protection to labor, promote full employment and equality in
employment, ensure equal work opportunities regardless of sex,
race or creed, and regulate the relations between workers and
employers;

WHEREAS, there is an urgent need to translate these


policies into meaningful reality consistent with the demands
of national development particularly in so far as the
employment of women and minors is concerned;

WHEREAS, to effect these objectives, it is necessary to


amend further Republic Act No. 679, commonly known as the
Woman and Child Labor Law;

NOW, THEREFORE, I, FERDINANCE E. MARCOS,


President of the Philippines by virtue of the powers vested in
me under the Constitution as Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation
No. 1081 dated September 21, 1972, General Order No. 1, dated
September 22, 1972 as amended, do hereby amend certain
sections or provisions of R.A. No. 679, as amended to wit:

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SECTION 1. Section one of the Republic Act Numbered


six hundred and seventy-nine, as amended, is further amended
to read as follows:

“SECTION 1. Minimum Employable Age. – No child


below 14 years of age shall be employed by any employer, except
where the child works directly under the sole responsibility of
his parent or guardian, involving activities which are not
hazardous in nature and which do not in any way interfere with
his schooling.”

SEC. 2. Section two of the same Act is repealed, and in


lieu thereof, a new section is inserted to read as follows:

“SECTION 2. Age of Eligibility for Employment. – Any


person between 14 and 18 years of age may be employed in any
non-hazardous undertaking as determined by the Secretary of
Labor. The employer shall not discriminate against any such
person in respect to terms and conditions of employment on
account of his age.”

SEC.3. Section 3 of the same Act is repealed and in lieu


thereof, a new Section is inserted to read as follows:

“SECTION 3. Additional Coverage. Any woman who is


permitted or suffered to work, with or without compensation
in any nightclubs, cocktail lounges bars, massage clinics, or in
any similar places, shall be considered as employees of such
establishments for purposes of this and other existing labor
and social legislation.”

SEC. 4. Section 7 of the same Act is further amended by


amending paragraph (b) to read as follows:

“(b) No woman, regardless of age, shall be allowed to


work, with or without compensation, in any industrial
undertaking or branch thereof between ten o’clock at night and
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EXECUTIVE ISSUANCES

six o’clock in the morning of the following day, except for


activities which may be allowed by the Secretary of Labor
through implementing rules and regulations..”

SEC. 5. Section 8. Of the same Act is further amended


to read as follows:

“SEC. 8. Maternity Leave Benefits. –

(a) Every employer shall grant to any pregnant woman


employee who has rendered an aggregate service of at least six
months for the last twelve months, maternity leave of at least
two weeks prior to the expected date of delivery and another
four weeks after normal delivery or abortion, with full pay based
on her regular or average weekly wages. The employer may
require from any woman employee applying for maternity leave
the production of a medical certificate stating that delivery will
probably take place within two weeks.

(b) He maternity leave shall be extended without pay


on account of illness medically certified to arise out of the
pregnancy, delivery, abortion or miscarriage, which renders the
woman unfit for work, unless she has earned unused leave
credits from which such extended leave may be charged.

(c) The maternity leave provided in the preceding


paragraph shall be paid by the employer only for the first four
deliveries by a woman employee after the effectivity of this
Decree.

(d) The Secretary of Labor may by regulation require


an employer to establish a nursery in his workplace for the
benefit of his women employees.

(e) Establishments which are required b law to maintain


a clinic or infirmary shall provide free family planning services

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to their employees which shall include, but not limited to, the
application or use of contraceptive and/or intra-uterine devices.

(f) In coordination with the other agencies of the


Government engaged in the promotion of family planning, the
Department of Labor shall develop and prescribe incentive
bonus schemes to encourage family planning among the married
workers in any establishment or enterprise.”

SEC. 6. Section 9 of the same Act is further amended by


amending paragraph (b) and by adding thereto paragraph (c) to
read as follows:

“(b) It shall be the duty of every employer to give his


employees not less than sixty minutes time-off for their regular
meals, unless otherwise prescribed by the Secretary of Labor.”

“(c) The Secretary of Labor shall also establish standards


that will insure the health and safety of women employees.”

SEC. 7. Section 10 of the same Act is hereby repealed.

SEC. 8. Section 12 of the same Act as amended, is further


amended by amending paragraph (c) to read as follows:

“(c) It shall be unlawful for an employer to require as a


condition of employment or continuation of employment that a
woman employee shall not get married, or to stipulate expressly
or tacitly that upon getting married a woman employee shall
be deemed resigned or separated, or to actually dismiss;
discharge, discriminate or otherwise prejudice to woman
employee merely by reason of her marriage.”

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EXECUTIVE ISSUANCES

SEC.9. Repealing Clause. – All laws, decrees, orders and


regulations or parts thereof, which are contrary to or
inconsistent with this Decree are hereby repealed.

SEC. 10. Effectivity . – This Decree shall take effect


immediately.

Done in the City of Manila, this 13th day of March,


nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES


Assistant Executive Secretary

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PRESIDENTIAL DECREE NO. 442

A DECREE INSTITUTING A LABOR CODE, THEREBY


REVISING AND CONSOLIDATING LABOR AND
SOCIAL LAWS TO AFFORD PORTECTION TO
LABOR, PROMOTE EMPLOYMENT AND HUMAN
RESOURCES DEVELOPMENT AND INSURE
INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE.

PRELIMINARY TITLE

Chapter 1
General Provisions

ARTICLE 1. Name of Decree. – This Decree shall be


known as the “Labor Code of the Philippines.”

ART. 2. Date of Effectivity. – This Code shall take effect


six months after its promulgation.

ART. 3. Declaration of Basic Policy. – The State shall


afford protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or creed, and
regulate the relations between workers and employers. The
State shall assure the rights of workers to self-organization,
collective bargaining, security of tenure and just and humane
conditions of work.

ART. 4. Construction in Favor of Labor. – All doubts in


the implementation and interpretation of the provisions of this
Code, including its implementing rules and regulations, shall
be resolved in favor of labor.

ART. 5. Rules and Regulations-. – The Department of


Labor and other government agencies charged with the

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EXECUTIVE ISSUANCES

administration and enforcement of this Code or any of its parts


shall promulgate the necessary implementing rules and
regulations. Such rules and regulations shall become effective
fifteen (15) days after announcement of their adoption in
newspapers of general circulation.

ART. 6. Applicability to Agricultural Workers. – In


addition to the rights conferred upon them by Republic Act
Numbered Thirty-eight Hundred and Forty-four, as amended,
otherwise known as the Code of Agrarian Reforms of the
Philippines, agricultural workers shall enjoy the rights and
benefits granted by this Code to non-agricultural workers.

XXX XXX XXX

BOOK I
PRE-EMPLOYMENT

XXX XXX XXX

BOOK II
HUMAN RESOURCES DEVELOPMENT

XXX XXX XXX

BOOK III
CONDITIONS OF EMPLOYMENT

Title I
WORKING CONDITIONS AND REST PERIODS

XXX XXX XXX

Title II
WAGES

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XXX XXX XXX

Title III
WORKING CONDITIONS FOR SPECIAL GROUPS OF
EMPLOYEES

Chapter I
Employment of Women

ART. 128. Night Work Prohibition. – No woman,


regardless of age, shall be employed or permitted or suffered
to work, with or without compensation:

(a) In any industrial undertaking or branch thereof


between ten o’clock at night and six o’clock in the
morning of the following day; or

(b) In any commercial or non-industrial undertaking or


branch thereof, other than agricultural, between
midnight and six o’clock in the morning of the
following day; or

(c) In any agricultural undertaking at nighttime unless


she is given a period of rest of not less than nine (9)
consecutive hours.

ART. 129. Exceptions. – The prohibitions prescribed by


the preceeding Article shall not apply in any of the following
cases:

(a) In cases of actual or impending emergencies caused


by serious accident, fire, flood, typhoon, earthquake,
epidemic or other disasters or calamity, to prevent
loss of life or property, or in cases of force majeure or
imminent danger to public safety;

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EXECUTIVE ISSUANCES

(b) In case of urgent work to be performed on


machineries, equipment or installation, to avoid
serious loss which the employer would otherwise
suffer;

(c) Where the work is necessary to prevent serious loss


of perishable goods;

(d) Where the woman employee holds a responsible


position of managerial or technical nature, or where
the woman employee has been engaged to provide
health and welfare services;

(e) Where the nature of the work requires the manual


skill and dexterity of women workers and the same
cannot be performed with equal efficiency by male
workers;

(f) Where the women employees are immediate


members of the family operating the establishment
or undertaking.

(g) Under other analogous cases exempted by the


Secretary of Labor in appropriate regulations,

ART. 130. Facilities for Women. – The Secretary of Labor


shall establish standards that will insure the safety and health
of women employees. In appropriate cases, he shall by
regulations require any employer to:

(a) Provide seats proper for women and permit them to


use such seats when they are free from work and
during working hours, provided they can perform
their duties in this position without detriment to
efficiency;

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(b) Establish separate toilet rooms and lavatories for men


and women and provide at least a dressing room for
women;

(c) Establish a nursery in a workplace for the benefit of


the women employees therein; and

(d) Determine appropriate minimum age and other


standards for retirement or termination in special
occupations such as those of flight attendants and the
like.

ART. 131. Maternity Leave Benefits. –

(a) Every employer shall grant to any pregnant women


employee who has rendered an aggregate service of
at least six (6) months for the last twelve (12) months,
maternity leave of at least two (2) weeks prior to the
expected date of delivery and another four (4) weeks
after normal delivery or abortion, with full pay based
on her regular or average weekly wages. The
employer may require from any woman employee
applying for maternity leave the production of a
medical certificate stating that delivery will probably
take place within two (2) weeks.

(b) The maternity leave shall be extended without pay


on account of illness medically certified to arise out
of the pregnancy, delivery, abortion, or miscarriage,
which renders the woman unfit for work, unless she
has earned unused leave credits from which such
extended leave may be charged.

(c) The maternity leave provided in this Article shall be


paid by the employer only for the first four (4)

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EXECUTIVE ISSUANCES

deliveries by a woman employee after the effectivity


of this Code.

ART. 132. Family Planning Services; Incentives for


Family Planning. –

(a) Establishments which are required by law to maintain


a clinic or infirmary shall provide free family planning
services to their employees which shall include, but
not limited to, the application or use of contraceptive
pills and intrauterine devices.

(b) In coordination with other agencies of the


Government engaged in the promotion of family
planning, the Department of Labor shall develop and
prescribe incentive bonus schemes to encourage
family planning among female workers in any
establishment or enterprise.

ART. 133. Discrimination Prohibited. – No employer


shall discriminate against any woman with respect to terms
and conditions of employment on account of her sex. Equal
remuneration shall be paid to both men and women for work of
equal value.

ART. 134. Stipulation Against Marriage. – It shall be


unlawful for an employer to require as a condition of
employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or
tacitly that upon getting married a woman employee shall be
deemed resigned or separated, or to actually dismiss, discharge,
discriminate or otherwise prejudice a woman employee merely
by reason of her marriage.

ART. 135. Prohibited Acts. – (a) It shall be unlawful for


any employer:

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(1) To deny any woman employee the benefits provided


for in this Chapter or to discharge any woman
employed by him for the purpose of preventing her
from enjoying any of the benefits provided for under
this Code;

(2) To discharge such woman on account of her


pregnancy, or while on leave or in confinement due
to her pregnancy; or

(3) To discharge or refuse the admission of such woman


upon returning to her work for fear that she may again
be pregnant.

ART. 136. Classification of Certain Women Workers. –


Any woman who is permitted or suffered to work, for a
substantial period of time under the effective control or
supervision of the employer, with or without compensation, in
any night club, cocktail lounge, bar, massage clinic, or any
similar place, shall be considered as an employee of such
establishment for purposes of existing labor and social
legislations.

XXX XXX XXX

ART. 340. Severability Provisions. – If any provisions or


part of this Code, or the application thereof to any person or
circumstance, is held invalid, the remainder of this Code, or
the application of such provision or part to other persons or
circumstances, shall not be affected thereby.

ART. 341. Repealing Clause. – All provisions of existing


laws, orders, decrees, rules and regulations inconsistent
herewith are hereby repealed.

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EXECUTIVE ISSUANCES

Done in the City of Manila, this 1st day of May, in the


year of Our Lord, nineteen hundred and seventy-four.

(Sgd.) FERDINAND E. MARCOS


President
Republic of the Philippines

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PRESIDENTIAL DECREE NO. 486

EXEMPTING FROM TAX PRIZES OF MISS UNIVERSE


CONTESTANTS AND CERTAIN EQUIPMENT AND
FACILITIES TO BE USED IN CONNECTION WITH
THE MISS UNIVERSE BEAUTY PAGEANT.

WHEREAS, the Philippines will play host to the 1974


Miss Universe Beauty Pageant to be held in Manila; and

WHEREAS, as a gesture of courtesy and good will to


the various beauty representatives of the nations participating
therein;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the authority vested
in me by the Constitution, do hereby order and decree:

SECTION 1. All prizes in cash or in kind, including


talent fees and gifts given to the winning candidates and the
participants in the Miss Universe Beauty Pageant during and
in connection with the said Pageant shall be exempt from any
and all taxes due to the Philippine Government.

SEC. 2. Television and movie equipment and facilities


brought to the country by the technical crew of Miss Universe
Inc. to be used for the coverage of the Pageant shall be exempt
from all customs duties and taxes or bonds in lieu thereof;
Provided, That the listing, specifications and details of said
equipment and facilities shall be furnished to the Commissioner
of Customs and the Department of Tourism; and provided,
further, that none of said equipment and facilities shall remain
in the Philippines after the Pageant otherwise full customs
duties shall be levied and collected on them.

SEC 3. All necessary rules and regulations to implement


this Decree shall be promulgated by the Secretary of Finance.

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EXECUTIVE ISSUANCES

SEC. 4. This Decree shall take effect immediately.

DONE in the City of Manila, this 19th day of June, in


the year of Our Lord, nineteen hundred and seventy-four.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

BY THE PRESIDENT:

(Sgd.) ALEJANDRO MELCHOR


Executive Secretary

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PRESIDENTIAL DECREE NO. 603

THE CHILD AND YOUTH WELFARE CODE

I, FERDINAND E. MARCOS, President of the


Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following:

TITLE I – GENERAL PRINCIPLES

ARTICLE 1. Declaration of Policy. – The Child is one of


the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities
for a useful and happy life.

The child is not a mere creature of the State. Hence, his


individual traits and aptitudes should be cultivated to the
utmost insofar as they do not conflict with the general welfare.

The molding of the character of the child starts at the


home. Consequently, every member of the family should strive
to make the home a wholesome and harmonious place as its
atmosphere and conditions will greatly influence the child’s
development.

Attachment to the home and strong family ties should


be encouraged but not to the extent of making the home isolated
and exclusive and unconcerned with the interests of the
community and the country.

The natural right and duty of parents in the rearing of


the child for civic efficiency should receive the aid and support
of the government.

Other institutions, like the school, the church, the guild,


and the community in general, should assist the home and the

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EXECUTIVE ISSUANCES

State in the endeavor to prepare the child for the


responsibilities of adulthood.

ART. 2. Title and scope of code. - The Code shall be


known as the Child and Youth Welfare Code. It shall apply to
persons below twenty-one years of age except those
emancipated in accordance with law. “Child” or “minor” or
“youth” as used in this Code, shall refer to such persons.

XXX XXX XXX

TITLE II. CHILD AND YOUTH WELFARE AND THE


HOME

CHAPTER 1. – Parental Authority

SECTION A. In General

XXX XXX XXX

ART. 64. Assistance to Widowed or Abandoned Parent


and Her Minor Dependents. – The State shall give assistance
to widowed or abandoned parent or where other spouse is on
prolonged absence due to illness, imprisonment, etc. and who
is unable to support his/her children. Financial and other
essential social services shall be given by the National
Government or other duly licensed agencies with similar
functions to help such parent acquire the necessary knowledge
or skill needed for the proper care and maintenance of the
family.

XXX XXX XXX

ART. 66. Assistance to Unmarried Mothers and Their


Children. – Any unmarried mother may, before and after the
birth of her child, seek the assistance and advice of the
Department of Social Welfare or any duly licensed child

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placement agency. The said agencies shall offer specialized


professional services which include confidential help and
protection to such mother and her child, including placement
of the child for adoption whenever warranted, and enforcement
of such mother’s rights, if any, against the father of such child.

TITLE VII.

CHILD AND YOUTH WELFARE AND THE STATE

CHAPTER I. – Regulation of Child and Youth Welfare


Services

ART. 117. Classifications of Child and Youth Welfare


Agencies. - Public and private child welfare agencies providing
encouragement, care, and protection to any category of children
and youth whether mentally gifted, dependent, abandoned,
neglected, abused, handicapped, disturbed, or youthful
offenders, classified and defined as follows, shall be coordinated
by the Department of Social Welfare:

1. An institution, whose primary purpose is education,


is deemed to be a child-caring institution when nine or more of
its pupils or wards in the ordinary course of events do not return
annually to the homes of their parents or guardians for at least
two months of summer vacation.

2. A detention home is a twenty-four hour child-caring


institution providing short term resident care for youthful
offenders who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.

3. A shelter-care institution is one that provides


temporary protection and care to children requiring emergency
reception as a result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or cruelty in the home,

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EXECUTIVE ISSUANCES

being without adult care because of crisis in the family, or a


court order holding them as material witnesses.

4. Receiving homes are family-type homes which


provides temporary shelter from ten to twenty days for children
who shall during this period be under observation and study
for eventual placement by the Department of Social Welfare.
The number of children in a receiving home shall not at any
time exceed nine: Provided, That no more than two of them
shall be under three years of age.

5. A nursery is a child-caring institution that provides


care for six or more children below six years of age for all or
part of a twenty-four hour day, except those duly licensed to
offer primarily medical and educational services.

6. A maternity home is an institution or place of residence


whose primary function is to give shelter and care to pregnant
women and their infants before, during and after delivery.

7. A rehabilitation center is an institution that receives


and rehabilitates youthful offenders or other disturbed children.

8. A reception and study center is an institution that


receives for study, diagnosis, and temporary treatment, children
who have behavioral problems for the purpose of determining
the appropriate care for them or recommending their
permanent treatment or rehabilitation in other child welfare
agencies.

9. A child-placing agency is an institution or person


assuming the care, custody, protection and maintenance of
children for placement in any child-caring institution or home
or under the care and custody of any person or persons for
purposes of adoption, guardianship or foster care. The relatives

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of such child or children within the sixth degree of


consanguinity or affinity are excluded from this definition.

XXX XXX XXX

CHAPTER 3. – Implementation of Code and Rule-Making


Authority

ART. 209. Implementation of this Code and Rule-Making


Authority. - The enforcement and implementation of this Code
shall be the primary responsibility of the Council for the Welfare
of Children. Said Council shall have authority to promulgate
the necessary rules and regulations for the purpose of carrying
into effect the provisions of this Code.

FINAL PROVISIONS

ART. 210. General Penalty. – Violations of any provisions


of this Code for which no penalty is specifically provided shall
be punished by imprisonment not exceeding one month or a
fine not exceeding two hundred pesos, or both such fine and
imprisonment at the discretion of the court, unless a higher
penalty is provided for in the Revised Penal Code or special
laws.

ART. 211. Repealing Clause. – All laws or parts of any


laws inconsistent with the provisions of this Code are hereby
repealed or modified accordingly: Provided, That the provisions
of the Dangerous Drugs Act of 1972 and amendments thereto
shall continue to be in force and shall not be deemed modified
or repealed by any provision of this Code.

ART. 212. Separability Clause. - If any provision of this


Code is held invalid, the other provisions not affected thereby
shall continue in operation.

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EXECUTIVE ISSUANCES

ART. 213. Effectivity Clause. - This Code shall take effect


six months after its approval.

Done in the City of Manila, this 10th day of December,


in the year of Our Lord, nineteen hundred and seventy-four.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

BY THE PRESIDENT:

(Sgd.) ALEJANDRO MELCHOR


Executive Secretary

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PRESIDENTIAL DECREE NO. 633

CREATING A NATIONAL COMMISSION ON


THE ROLE OF FILIPINO WOMEN

WHEREAS, the General Assembly of the United Nations


has designated 1975 as International Women’s Year with its
central theme of “Equality, Development and Peace”;

WHEREAS, the United Nations will convene during


International Women’s Year an International Conference in
which, inter alia, will be launched an international action-
program including short and long term measures aimed at
achieving the integration of women as full and equal partners
with men in the total development effort;

WHEREAS, the Government of the Republic of the


Philippines recognizes the significant contribution of Filipino
women as citizens, homemakers, workers, volunteers, as well
as their increasing participation in the development of friendly
relations and cooperation among nations, and the promotion of
world peace; and

WHEREAS, there is a need for a body to review, evaluate


and recommend measures, including priorities, to ensure the
full integration of women for economic, social, and cultural
development at national, regional and international levels and
to ensure further equality between men and women;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby create under the Office of
the President a National Commission on the Role of the Filipino
Women. The membership shall be as follows:

Chairman – Mrs. Imelda Romualdez Marcos

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EXECUTIVE ISSUANCES

Members:

(1) Members of the Cabinet whose


respective departments directly or
indirectly affect the participation of
Women in national development and their
integration therein;

(2) The heads of women’s organizations as


the President may designate;

(3) The heads of the different chambers of


commerce and industry;

(4) Representatives of government and


private sectors as the President may
designate who would be in a position to
help implement the aims of International
Women’s Year;

(5) Others as may be deemed necessary by


the Commission.

The members of the Commission may designate qualified


and competent representatives to act in their stead. The
Commission may create such committee as it may deem
necessary to carry out its functions:

The Commission shall have the following functions:

(1) To advice the President in formulating policies and


implementing programs on increased contribution by women
in national development;

(2) To ensure that the gains which Filipino women have


achieved because of Philippine culture and tradition will be
preserved and enhanced in the process of modernization;

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(3) To continuously review and evaluate the extent to


which women are integrated in all sectors of economic and social
life at all levels on a basis of equality with men;

(4) To make recommendations which would guarantee


the enjoyment by women and men of full equality before the
law in all fields where it does not exist;

(5) To prepare a national program for International


Women’s Year which can be implemented throughout the
Philippines.

This Decree shall take effect immediately.

Done in the City of Manila, this 7th day of January, in


the year of Our Lord, nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

BY THE PRESIDENT:

(Sgd.) ALEJANDRO MELCHOR


Executive Secretary

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 725

PROVIDING FOR REPATRIATION OF FILIPINO WOMEN


WHO HAD LOST THEIR PHILIPPINE CITIZENSHIP
BY MARRIAGE TO ALIENS AN OF NATURAL BORN
FILIPINOS

WHEREAS, there are many Filipino women who had


lost their Philippine Citizenship by marriage to aliens;

WHEREAS, while the new Constitution allows a Filipino


woman who marries an alien to retain her Philippine citizenship
unless by her act or omission, she is deemed under the law to
have renounced her Philippine citizenship, such provision of
the new Constitution does not apply to Filipino women who
had married aliens before said Constitution took effect;

WHEREAS, the existing law (C.A. Nos. 63, as amended)


allows the repatriation of Filipino women who lost their
citizenship by reason of their marriage to aliens only after the
death of their husbands or the termination of their marital
status; and

WHEREAS, there are natural born Filipinos who have


lost their Philippine citizenship but now desire to re-acquire
Philippine citizenship;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and order that: 1)
Filipino women who lost their Philippine citizenship by
marriage to aliens; and (2) natural born Filipinos who have lost
their Philippine citizenship may require Philippine citizenship
through repatriation by applying with the Special Committee
on Naturalization created by Letter of Instruction No. 270, and,
if their applications are approved, taking the necessary oath of
allegiance to the Republic of the Philippines, after which they

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shall be deemed to have reacquired Philippine citizenship. The


Commission on Immigration and Deportation shall thereupon
cancel their certificate of registration.

The aforesaid Special Committee is hereby authorized


to promulgate rules and regulations and prescribe the
appropriate forms and the required fees for the effective
implementation of this Decree.

This Decree shall take effect immediately.

Done in the City of Manila, this 5th day of June, in the


year of Our Lord, nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS


President
Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR


Executive Secretary

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 768

AMENDING PRESIDENTIAL DECREE NO. 198 ENTITLED


“DECLARING A NATIONAL POLICY FAVORING
LOCAL OPERATION AND CONTROL OF WATER
SYSTEMS; AUTHORIZING THE FORMATION OF
LOCAL WATER DISTRICTS AND PROVIDING FOR
THE GOVENRMENT AND ADMINISTRATION OF
SUCH DISTRICT; CHARTERING A NATIONAL
ADMINISTRATION TO FACILITATE IMPROVEMENT
OF LOCAL WATER FACILITIES; GRANTING SAID
ADMINISTRATION SUCH POWERS AS ARE
NECESSARY TO OPTIMIZE PUBLIC SERVICE FROM
WATER UTILITY OPERATIONS, AND FOR OTHER
PURPOSES.”

WHEREAS, it is the primary concern of the government


to develop an orderly and effective system of local water
utilities, particularly in the area of water supply and sewerage
services;

WHEREAS, under Presidential Decree No. 198, the


Government declared as a national policy the local operation
and control of water systems; authorized the formation of local
water districts provided for the administration of such districts,
and chartered a national administration to facilitate
improvement of local water utilities.

WHEREAS, there is need to amend certain provisions


of Presidential Decree No. 198 in order to hasten and make
more effective the implementation and administration of the
program of total development and expansion of domestic water
systems;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby amended to read as follows:

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XXX XXX XXX

SEC. 4. Section 8 of the same decree is hereby amended


to read as follows:

“Sec. 8 Number and Qualifications.– The Board of


Directors of a district shall be composed of five citizens of the
Philippines who are of voting age and residents within the
district. One member shall be a representative of civic-oriented
service clubs, one member a representative of professional
associations, one member a representative of business,
commercial, or financial institutions and one member a
representative of women’s organizations. No public officials
shall serve as director.”

XXX XXX XXX

SEC. 39. Sections 73 and 74 of the same decree are hereby


amended to read as Sections 77 and 78, respectively.

SEC. 40. This Decree shall take effect immediately.

Done in the City of Manila, this 15th day of August, in


the year of Our Lord, nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS


President
Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR


Executive Secretary

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 799

EXTENDING FRANKING PRIVILEGE TO THE ARMED


FORCES OF THE PHILIPPINES LADIES CLUB
STEERING COMMITTEE FOR MAILING MONTHLY
FINANCIAL ASSISTANCE ONLY TO ORPHANS OF
PERSONNEL OF THE AFP WHO DIED IN COMBAT.

WHEREAS, the Armed Forces of the Philippines Ladies


Club Steering Committee launched project “Sandigan” for the
purpose of raising funds to be given as financial assistance to
orphans of personnel of the Armed Forces of the Philippines
who died in combat;

WHEREAS, the aforesaid Committee does not have


enough funds for mailing the monthly financial assistance to
the aforesaid orphans as in fact it is still campaigning for
contribution for the purpose mentioned above;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the power vested in
me by the Constitution as Commander-in-Chief of the Armed
Forces of the Philippines and pursuant to Proclamation No.
1081 dated September 21, 1972, do hereby order and decree as
part of the law of the land that:

1. The Armed Forces of the Philippines Ladies Club


Steering Committee may transmit in the mail, free of charge,
monthly financial assistance intended for orphans of personnel
of the Armed Forces of the Philippines who died in combat.

2. The envelope or wrapper of the privilege mail matter


shall bear on the left upper corner the name, official designation
and station of the official sending such mail matter and on the
right upper corner the words: “Private or unauthorized use to
avoid payment of postage is penalized by fine or imprisonment
or both.”

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3. That any person who uses the privilege granted


hereunder for private or unauthorized purpose shall be
punished by a fine of five hundred pesos or imprisonment of
not more than three (3) years or both.

This Decree shall take effect immediately.

Done in the City of Manila this 11th day of September in


the year of Our Lord nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS


President
Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES


Assistant Executive Secretary

422
EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 836

GRANTING CITIZENSHIP TO DESERVING ALIENS


AND FOR OTHER PURPOSES

WHEREAS, in order that aliens residing in this country


and deserving of Philippine citizenship may, through a less
expensive and more expeditious procedure, become Philippine
citizens, Letter of Instructions No. 270 constituted a Special
Committee on Naturalization to receive and process
applications for naturalization by decree from aliens with the
qualifications and none of the disqualifications specified therein
and submit recommendations thereon to the President of the
Philippines; and

WHEREAS, pursuant to said Letter of Instructions, the


aforesaid Special Committee has recommended to the President
of the Philippines the grant of Philippine citizenship by decree
to certain applicants;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby grant Philippine
citizenship to the individuals of foreign nationality whose names
appear in Annex “A” of this Decree, with all the rights,
privileges, duties, and obligations appurtenant to such grant,
and with the following effects and subject to the following
conditions:

1. The grant of Philippine citizenship to the aforesaid


aliens under this Decree shall be effective upon their taking
the oath of allegiance as Philippine citizens and the issuance
to them of certificate of naturalization by the Special
Committee. The Commission on Immigration and Deportation
shall thereupon cancel their certificate of registration as aliens

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and issue to them the corresponding identification certificates


as citizens;

2. If the naturalized alien should die before taking the


oath of allegiance as Filipino citizens and the issuance to him
of the certificate of naturalization, his widow, if residing in the
Philippines and found by the Special Committee to have none
of the disqualifications specified in said LOI 270, may take the
oath of allegiance as Filipino citizen, after which the minor
children of said deceased alien and his wife, subject to the
provisos of the next succeeding section, shall follow the acquired
Filipino citizenship of their mother;

3. Alien wives and minor children of persons


naturalization under this Decree shall be deemed Philippine
citizens provided that:

(a) The alien wife shall, in all cases, not suffer from any
of the disqualifications for naturalization under Letter of
Instructions No. 270;

(b) The alien wife and minor children of persons


naturalized under this Decree reside permanently in the
Philippines at the time of his naturalization;

(c) If the alien wife does not reside in the Philippines at


the time of the naturalization of her husband, she shall come to
the Philippines and reside in this country in good faith within
one year from the naturalization of her husband;

(d) If minor children do not reside in the Philippines at


the time of the naturalization of their father thay shall, within
one (1) year from the naturalization of their father, in good faith
reside in this country and, if of school age, enroll in Philippine
schools. The fact that any such minor child of school age fails to
graduate from a Philippine school, except for valid reasons

424
EXECUTIVE ISSUANCES

shown, shall be considered prima facie evidence of failure to


bona fide enroll in Philippine schools.

4. In case the alien naturalized under this Decree is a


woman, her minor children shall continue to follow the
citizenship of their alien father during their minority, but may
elect Philippine citizenship pursuant to existing law upon
reaching the age of majority.

5. The Special Committee may cancel certificates of


naturalization issued under this decree in the following cases:

(a) If it finds that the naturalized person or his duly


authorized representative made any false statement or
misrepresentation or committed any violation of law, rules and
regulations in connection with the petition for naturalization,
or if he otherwise obtains Philippine citizenship fraudulently
or illegally, the certificate of naturalization shall be cancelled;

(b) If the naturalized person or his wife, or any of his


minor children who acquire Filipino citizenship by virtue of
his naturalization shall, within five (5) years next following the
grant of Philippine citizenship, establish permanent residence
in a foreign country, that individual’s certificate of
naturalization or acquired citizenship shall be cancelled or
revoked; provided that the fact of such person’s remaining for
more than one year in his country of origin, or two years in any
other foreign country, shall be considered prima facie evidence
of intent to permanently reside therein;

(c) If the naturalized person or his wife or child with


acquired citizenship allows himself or herself to be used as a
dummy in violation of any constitutional or legal provision
requiring Philippine citizenship as a condition for the exercise,
use, or enjoyment of a right, franchise, or privilege, the

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certificate of naturalization or acquired citizenship shall be


cancelled or revoked;

(d) If the naturalized person or his wife or child with


acquired citizenship commits any act inimical to national
security, the certificate of naturalization or acquired citizenship
shall be cancelled or revoked.

6. In case the naturalized person holds any hereditary


title, or belongs to any order of nobility, he shall make an express
renunciation of his title or membership in this order of nobility
before the Special Committee or its duly authorized
representative, and such renunciation shall be included in the
records of his application for citizenship; and

7. The Special Committee is authorized to promulgate


rules and regulations for the effective and expeditious
implementation of the provision of this Decree.

8. Any person who shall fraudulently make, falsify, forge,


change, alter, or cause or aid any person to do the same, or who
shall purposely aid and assist in falsely making, forging,
falsifying, changing or altering a naturalization certificate
issued under this Decree for the purpose of making use thereof,
or in order that the same may be used by another person or
persons, and any person who shall purposely aid and assist
another in obtaining a naturalization certificate in violation of
this Decree, shall be punished by a fine of not more than Five
Thousand Pesos (P5,000.00) and by imprisonment for not more
than five years, and in the case that the person convicted is a
naturalized citizen his certificate of naturalization shall, if not
earlier cancelled by the Special Committee, be ordered
cancelled.

9. This Decree shall take effect immediately.

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EXECUTIVE ISSUANCES

Done in the City of Manila, this 3rd day of December in


the year of our Lord, nineteen hundred and seventy-five.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JACOBO C. CLAVE


Presidential Executive Assistant

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PRESIDENTIAL DECREE NO. 850

AMENDING CERTAIN ARTICLES OF PD 442 ENTITLED


“LABOR CODE OF THE PHILIPPINES”

WHEREAS,, PD 442, as amended, otherwise known as


the Labor Code of the Philippines, is designed to be a dynamic
and growing body of laws which will reflect continuously the
demands of development and the lessons of experience;

WHEREAS, in order to fully orient the Code towards


economic development and justice, the department of Labor
has been conducting studies and discussions on the Labor Code
with responsible public officials, labor organizations, employers’
organizations, civic, professional and technical associations,
educational institutions, and other knowledgeable groups
representing various sectors of the economy;

WHEREAS, as a result of these discussions and


consultations, especially the National Tripartite Conference on
the Labor Code at the Development Academy of the Philippines
last 24-26 October 1975, as well as the experience of the
Department of Labor, it has been found necessary to make
adjustments in the text of the Labor Code in order to fully align
it with the overriding priority of development and justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree:

SECTION 1. Article 13 to 39 of Title I, Book One of the


Labor Code, except Articles 14, 26, 29, 32, 34 and 35 thereof,
are hereby amended to read as follows:

XXX XXX XXX

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EXECUTIVE ISSUANCES

“CHAPTER III HOLIDAYS AND SERVICE LEAVES”

SECTION 6. Article 99 of the Code is hereby amended


to read as follows:

“Art. 99. Prohibition against elimination or


diminution of benefits. Nothing in this Book shall be
construed to eliminate or in any way diminish
supplements or other employee benefits being enjoyed
at the time of the promulgation of this Code.”

XXX XXX XXX

SECTION 11. Article 137 of the Code is hereby amended


to read as follows:

“Art. 137. Classification of certain women


workers. – Any woman who is permitted or suffered to
work with or without compensation, in any night club,
cocktail lounge, massage clinic, bar or similar
establishment, under the effective control or supervision
of the employer for a substantial period of time as
determined by the Secretary of Labor, shall be
considered as an employee of such establishments for
purposes of labor and social legislation.”

XXX XXX XXX

SECTION 35. If any provision or part of this Decree, or


the application thereof to any person or circumstance, is held
invalid, the remainder of this Decree, or the application of such
provision or part to other persons or circumstances, shall not
be affected thereby.

SECTION 36. All provisions of existing laws, orders,


decrees, rules and regulations inconsistent herewith are hereby
repealed.

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This Decree shall take effect immediately.

Done in the City of Manila, this 6th day of December, in


the year of Our Lord, nineteen hundred and seventy-five.

FERDINAND E. MARCOS
President of the
Republic of the Philippines

430
EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 1043

AMENDING REPUBLIC ACT NO. 3835 ESTABLISHING


THE WOMEN’S AUXILIARY CORPS IN THE ARMED
FORCE OF THE PHILIPPINES TO PROVIDE FOR
THE PROCUREMENT OF ITS OFFICERS AND
ENLISTED PERSONNEL AND OTHER PURPOSES

Section 1. Section 1 of the Act is hereby amended to read


as follows:

“Sec. 1. There is established in the Armed Forces


of the Philippines a Women’s Auxiliary Corps which shall
perform non-combat/administrative duties and such
other functions and service as may be prescribed by the
Secretary of National Defense. It shall composed of
officers and enlisted women, the full complement of
which shall be as determined annually by the Chief of
Staff, AFP, subject to the approval of the Secretary of
National Defense; Provided, that the ratio of officers to
enlisted women shall be one officer for every twenty
enlisted women; and Provided, further, that the number
of officers in each grade shall be considered within the
total authorized strength of the AFP for each grade in
accordance with Republic Act No. 291, as amended by
Presidential Decree No. 360.”

Section 2. Section 2 of the Act is hereby amended to read


as follows:

“Sec. 2. Officers of the Women’s Auxiliary Corps


shall be commissioned in the Regular and Reserved
Forces of the AFP by the President of the Philippines
upon the recommendation of the Secretary of National
Defense. All persons appointed officers in the Regular
Force pursuant to this Section shall be unmarried female
native-born citizens of the Philippines between the ages

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of twenty-one and twenty-six years who are holders of


Bachelor’s degrees from any school, college or university
recognized by the government and who possess such
additional qualifications as may be prescribed by the
Secretary of National Defense; Provided, however, that
all initial commission in the Regular Force shall be in
the rank of Second Lieutenant; Provided, further, that,
the President, under such rules and regulations as he
may prescribe, is hereby authorized to commission
officers in the Regular Component of the Corps in ranks
above Second Lieutenant but not higher than Captain
from among the officers in the active service within one
year from the effectivity of this Decree.”

Section 3. Section 3 of the Act is hereby amended to read


as follows:

“Sec. 3. Any unmarried and without dependent


female citizen of the Philippines, between the ages of
eighteen and twenty-six years, able-bodied, physically
and mentally fit, of good moral character and habits and
who has completed the second year of any course from a
college or university recognized by the government may
be enlisted in the Women’s Auxiliary Corps for a term of
three years; Provided, that, insofar as practicable,
enlistments shall be apportioned among the various
provinces of the Philippines; Provided further, that high
school graduates who possess technical or special skills
necessary in the performance of non-combatant/
administrative duties and other functions and services
as may be determined by the Secretary of National
Defense may be enlisted in the Women’s Auxiliary Corps.”

Section 4. Section 4 of the Act is hereby amended to read


as follows:

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EXECUTIVE ISSUANCES

“Sec. 4. The names of all commissioned officers of


the Women’s Auxiliary Corps shall be contained in
separate Promotion Lists, which shall be known as the
Women’s Auxiliary Corps Promotion Lists, similar to but
separate and distinct from those prescribed by law and
regulations for the other Major and Technical Services
of the Armed Forces of the Philippines. These officers of
the Women’s Auxiliary Corps shall be promoted in the
same manner as other commissioned officers of the
Armed Forces of the Philippines. Enlisted women of the
Corps shall likewise be promoted in the same manner
as enlisted men of the Armed Forces of the Philippines.”

Section 5. Section 5 of the Act is hereby amended to read


as follows:

“Sec. 5. Except as otherwise specifically provided,


all laws and regulations now or hereafter applicable to
commissioned officers and enlisted men of the AFP shall
likewise be applicable respectively to commissioned
officers and enlisted women of the Women’s Auxiliary
Corps: Provided, that any commissioned officer or
enlisted woman who contracts marriage while in the
active service shall be automatically separated from the
service, unless she has, at the time of said marriage,
already completed at least five (5) years of continuous
active military service in the AFP; Provided further, that
all laws and regulations on maternity leave now or
hereafter applicable to female employees of the
government shall be applicable to married members of
the Corps, and provided finally that members of the
Women’s Auxiliary Corps who were previously separated
or discharged honorably by reason of marriage may be
called to active duty subject to the conditions
aforementioned and in accordance with rules and
regulations as the Secretary of National Defense, upon

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recommendation by the Chief of Staff, AFP may


prescribe.”

This Decree takes effect upon approval.

DONE in the City of Manila, this 25th day of October, in


the year of Our Lord, nineteen hundred and seventy-six.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 1083

A DECREE TO ORDAIN AND PROMULGATE A CODE


RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM
LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND
PROVIDING FOR ITS ADMINISTRATION AND FOR
OTHER PURPOSES

WHEREAS, pursuant to the spirit of the provision of


the Constitution of the Philippines that, in order to promote
the advancement and effective participation of the National
Cultural Communities in the building of the New Society, the
State shall consider their customs, traditions, beliefs and
interests in the formulation and implementation of its policies;

WHEREAS, Islamic law and its principles of equity and


justice, to which the Filipino Muslim communities adhere,
provide an essential basis for the fuller development of said
communities in relation to the search for harmonious relations
of all segments of the Filipino nation to enhance national unity;

WHEREAS, the enforcement, with the full sanction of


the State, of the legal system of the Filipino Muslims shall
redound to the attainment of a more ordered life amongst them;

WHEREAS, it is the intense desire of the New Society


to strengthen all the ethno-linguistic communities in the
Philippines within the context of their respective ways of life
in order to bring about a cumulative result satisfying the
requirements of national solidarity and social justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Republic of the Philippines, by virtue of the
powers vested in me by the Constitution of the Philippines, do
hereby ordain and promulgate the “Code of Muslim Personal
Laws of the Philippines” as part of the law of the land hereby
decree:

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BOOK ONE
GENERAL PROVISIONS

TITLE I
TITLE AND PURPOSES OF CODE

Article 1. Title. This decree shall be known as the “Code


of Muslim Personal Laws of the Philippines.”

XXX XXX XXX

BOOK TWO
PERSONS AND FAMILY RELATIONS

XXX XXX XXX

TITLE II
MARRIAGE AND DIVORCE

Chapter One
APPLICABILITY CLAUSE

Article 13. Application.

(1) The provisions of this Title shall apply to marriage


and divorce wherein both parties are Muslims, or
wherein only the male party is a Muslim and the
marriage is solemnized in accordance with Muslim law
or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-


Muslim, solemnized not in accordance with Muslim law
or this Code, the Civil Code of the Philippines shall apply.

(3) Subject to the provisions of the preceding paragraphs,


the essential requisites and legal impediments to
marriage, divorce, paternity and filiation, guardianship
and custody of minors, support and maintenance, claims
for customary dower (mahr), betrothal, breach of contract

436
EXECUTIVE ISSUANCES

to marry, solemnization and registration of marriage and


divorce, rights and obligations between husband and wife
parental authority, and the properly relations between
husband and wife shall be governed by this Code and
other applicable Muslim laws.

Chapter Two
MARRIAGE (NIKAH)

XXX XXX XXX

Article 16. Capacity to contract marriage.

(1) Any Muslim male at least fifteen years of age and any
Muslim female of the age of puberty or upwards and not
suffering from any impediment under the provisions of
this Code may contract marriage. A female is presumed
to have attained puberty upon reaching the age of fifteen.

(2) However, the Shari’a District Court may, upon


petition of a proper wali, order the solemnization of the
marriage of a female who though less than fifteen but
not below twelve years of age, has attained puberty.

(3) Marriage through a wali by a minor below the


prescribed ages shall be regarded as betrothal and may
be annulled upon the petition of either party within four
years after attaining the age of puberty, provided no
voluntary cohabitation has taken place and the wali who
contracted the marriage was other than the father or
paternal grandfather.

XXX XXX XXX

Article 18. Authority to solemnize marriage. Marriage


may be solemnized:

(a) By the proper wali of the woman to be wedded;

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(b) Upon authority of the proper wali, by any person who


is competent under Muslim law to solemnize marriage;
or

(c) By the judge of the Shari’a District Court of Shari’a


Circuit Court or any person designated by the judge,
should the proper wali refuse without justifiable reason,
to authorize the solemnization.

Article 19. Place of solemnization. Marriage shall be


solemnized publicly in any mosque, office of the Shari’a judge,
office of the District or Circuit Registrar, residence of the bride
or her wali, or at any other suitable place agreed upon by the
parties.

Article 20. Specification of dower. The amount or value


of dower may be fixed by the contracting parties (marh-
musamma) before, during, or after the celebration of the
marriage. If the amount or the value thereof has not been so
fixed, a proper dower (mahr-mithl) shall, upon petition of the
wife, be determined by the court according to the social standing
of the parties.

XXX XXX XXX

Article 26. Prohibition due to fosterage (tahrim-bir-


rada’a).

(1) No person may validly contract marriage with any


woman who breastfed him for at least five times within
two years after his birth.

(2) The prohibition on marriage by reason of


consanguinity shall likewise apply to persons related by
fosterage within the same degrees, subject to exception
recognized by Muslim law.

Section 3. Subsequent Marriages

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EXECUTIVE ISSUANCES

Article 27. By a husband. Notwithstanding the rule of


Islamic law permitting a Muslim to have more than one wife
but one wife unless he can deal with them with equal
companionship and just treatment as enjoined by Islamic law
and only in exceptional cases.

Article 28. By widow. No widow shall contract a


subsequent marriage unless she has observed an ‘idda of four
months and ten days counted from the date of the death of her
husband. If at that time the widow is pregnant, she may remarry
within a reasonable time after delivery. In such case, she shall
produce the corresponding death certificate.

Article 29. By divorcee.

(1) No woman shall contract a subsequent marriage


unless she has observed an ‘idda of three monthly courses
counted from the date of divorce. However, if she is
pregnant at the time of the divorce, she may remarry
only after delivery.

(2) Should a repudiated woman and her husband


reconcile during her ‘idda, he shall have a better right
to take her back without need of a new marriage
contract.

(3) Where it is indubitable that the marriage has not been


consummated when the divorce was affected, no ‘idda
shall be required.

Article 30. Marriage after three talaq.

(1) Where a wife has been thrice repudiated (talaq bain


lubra) on three different occasions by her husband, he
cannot remarry her unless she shall have married
another person who divorces her after consummation of
the intervening marriage and the expiration of the ‘idda.

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(2) No solemnizing officer shall perform the subsequent


marriage mentioned in the preceding paragraph unless
he has ascertained that there was no collusion among
the parties.

Section 4. Batil and Fasi Marriages

XXX XXX XXX

Article 32. Fasid marriages. The following marriages


shall be irregular (fasid) from their performance:

(a) Those contracted with a female observing ‘idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated


by violence, intimidation, fraud, deceit or
misrepresentation;

(d) Those contracted by a party in a condition of death-


illness (marad-ul-mault) without the same being
consummated;

(e) Those contracted by a party in a state of ihram; and

(f) Mixed marriages not allowed under Islamic law.

Article 33. Validation of irregular marriages. (1)


Irregular marriages may be made regular by a new marriage
contract in the following cases:

(a) Those referred to in Article 32(a), after the


impediment has been removed;

(b) Those referred to in Article 32(b), upon compliance


with the requirement of Article 30;

440
EXECUTIVE ISSUANCES

(c) Those referred to in Article 32(c), after the causes


vitiating consent have ceased;

(d) Those referred to in Article 32(d), in case the party


recovers.

(e) Those referred to in Article 32(e), when the party is


no longer in a state of ihram; and

(f) Those referred to in Article 32(f), after conversion to


a faith that could have made the marriage valid.

(2) The effects of the new marriage under the first


paragraph shall retroact to the date of the celebration
of the irregular marriage.

Section 5. Rights and Obligations Between Spouses

Article 34. Mutual rights and obligations.

(1) The husband and the wife are obliged to live together,
observe mutual respect and fidelity, and render mutual
help and support in accordance with this Code.

(2) When one of the spouses neglects his or her duties to


the conjugal union or brings danger, dishonor or material
injury upon the other, the injured party may petition the
court for relief. The court may counsel the offender to
comply with his or her duties, and take such measures
as may be proper.

(3) The husband and the wife shall inherit from each
other in accordance with this Code.

(4) The husband and the wife shall have the right to
divorce in accordance with this Code.

Article 35. Rights and obligations of the husband. The


husband shall fix the residence of the family. The court may

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exempt the wife from living with her husband on any of the
following grounds:

(a) Her dower is not satisfied in accordance with the


stipulations; or

(b) The conjugal dwelling is not in keeping with her social


standing or is, for any reason, not safe for the members
of the family or her property.

Article 36. Rights and obligations of the wife.

(1) The wife shall dutifully manage the affairs of the


household. She may purchase things necessary for the
maintenance of the family, and the husband shall be
bound to reimburse the expenses, if he has not delivered
the proper sum.

(2) The wife cannot, without the husband’s consent,


acquire any property by gratuitous title, except from her
relatives who are within the prohibited degrees in
marriage.

(3) The wife may, with her husband’s consent, exercise


any profession or occupation or engage in lawful business
which is in keeping with Islamic modesty and virtue.
However, if the husband refuses to give his consent on
the ground that his income is sufficient for the family
according to its social standing or his opposition is based
on serious and valid grounds, the matter shall be referred
to the Agama Arbitration Council.

(4) The wife shall have the right to demand the


satisfaction of her mahr.

442
EXECUTIVE ISSUANCES

(5) Unless otherwise stipulated in the marriage


settlements, the wife retain ownership and
administration of her exclusive property.

(6) The wife shall be entitled to an equal and just


treatment by the husband.

XXX XXX XXX

Article 40. Ante-nuptial property. The wife shall not lose


ownership and administration of all properties brought by her
to the marriage in the absence of any written agreement to the
contrary, and she may dispose of the same by deed or otherwise
even without the consent of her husband.

Article 41. Exclusive property of each spouse. The


following shall be the exclusive property of either spouse:

(a) Properties brought to the marriage by the husband


or the wife;

(b) All income derived by either spouse from any


employment, occupation or trade;

(c) Any money or property acquired by either spouse


during marriage by lucrative title;

(d) The dower (mahr) of the wife and nuptial gifts to each
spouse;

(e) Properties acquired by right of redemption, purchase


or exchange of the exclusive property of either; and

(f) All fruits of properties in the foregoing paragraphs.

Article 42. Ownership and administration. Each spouse


shall own, possess, administer, enjoy and dispose of his or her
own exclusive estate even without the consent of the other.

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However, the court may, upon petition of either spouse, grant


to the other the administration of such property.

Article 43. Household property. Household property


which customarily pertains to or is used by either spouse shall
be prima facie presumed to be the property of said spouse.

Article 44. Right to sue and be sued. The wife may,


independently of the husband, sue or be sued in the following
cases:

(a) When the litigation is between husband and wife;

(b) If the suit concerns her exclusive property;

(c) If the litigation is incidental to her profession,


occupation or business;

(d) If the litigation concerns the exclusive property of


the husband, the administration of which has been
transferred to her; or

(e) Such other appropriate cases as may be followed by


the general principles of Islamic law and other laws.

Chapter Three
DIVORCE (TALAQ)

Section 1. Nature and Form

Article 45. Definition and forms. Divorce is the formal


dissolution of the marriage bond in accordance with this Code
to be granted only after the exhaustion of all possible means of
reconciliation between the spouses. It may be effected by:

(a) Repudiation of the wife by the husband (talaq);

(b) Vow of continence by the husband (ila);

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EXECUTIVE ISSUANCES

(c) Injurious assanilation of the wife by the husband


(zihar);

(d) Acts of imprecation (li’an);

(e) Redemption by the wife (khul’);

(f) Exercise by the wife of the delegated right to


repudiate (tafwld); or

(g) Judicial decree (faskh).

Article 46. Divorce by talaq.

(1) A divorce by talaq may be affected by the husband in


a single repudiation of his wife during her non-menstrual
period (tuhr) within which he has totally abstained from
carnal relation with her. Any number of repudiations
made during one tuhr shall constitute only one
repudiation and shall become irrevocable after the
expiration of the prescribed ‘idda.

(2) A husband who repudiates his wife, either for the first
or second time, shall have the right to take her back (ruju)
within the prescribed ‘idda by resumption of
cohabitation without need of a new contract of marriage.
Should he fail to do so, the repudiation shall become
irrevocable (Talaq bain sugra).

Article 47. Divorce by Ila. Where a husband makes a vow


to abstain from any carnal relations (ila) with his wife and keeps
such ila for a period of not less than four months, she may be
granted a decree of divorce by the court after due notice and
hearing.

Article 48. Divorce by zihar. Where the husband has


injuriously assimilated (zihar) his wife to any of his relatives
within the prohibited degrees of marriage, they shall mutually

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refrain from having carnal relation until he shall have


performed the prescribed expiation. The wife may ask the court
to require her husband to perform the expiationor to pronounce
the a regular talaq should he fail or refuse to do so, without
prejudice to her right of seeking other appropriate remedies.

Article 49. Divorce by li’an. Where the husband accuses


his wife in court of adultery, a decree of perpetual divorce may
be granted by the court after due hearing and after the parties
shall have performed the prescribed acts of imprecation (li’an).

Article 50. Divorce by khul’. The wife may, after having


offered to return or renounce her dower or to pay any other
lawful consideration for her release (khul’) from the marriage
bond, petition the court for divorce. The court shall, in
meritorious cases and after fixing the consideration, issue the
corresponding decree.

Article 51. Divorce by tafwid. If the husband has


delegated (tafwid) to the wife the right to effect a talaq at the
time of the celebration of the marriage or thereafter, she may
repudiate the marriage and the repudiation would have the
same effect as if it were pronounced by the husband himself.

Article 52. Divorce by faskh. The court may, upon petition


of the wife, decree a divorce by faskh on any of the following
grounds :

(a) Neglect or failure of the husband to provide support


for the family for at least six consecutive months;

(b) Conviction of the husband by final judgment


sentencing him to imprisonment for at least one year;

(c) Failure of the husband to perform for six months


without reasonable cause his marital obligation in
accordance with this code;

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EXECUTIVE ISSUANCES

(d) Impotency of the husband;

(e) Insanity or affliction of the husband with an incurable


disease which would make the continuance of the
marriage relationship injurious to the family;

(f) Unusual cruelty of the husband as defined under the


next succeeding article; or

(g) Any other cause recognized under Muslim law for the
dissolution of marriage by faskh either at the instance
of the wife or the proper wali.

Article 53. Faskh on the ground of unusual cruelty. A


decree of faskh on the ground of unusual cruelty may be granted
by the court upon petition of the wife if the husband:

(a)Habitually assaults her or makes her life miserable


by cruel conduct even if this does not result in physical
injury;

(b) Associates with persons of ill-repute or leads an


infamous life or attempts to force the wife to live an
immoral life;

(c) Compels her to dispose of her exclusive property or


prevents her from exercising her legal rights over it;

(d) Obstructs her in the observance of her religious


practices; or

(e) Does not treat her justly and equitably as enjoined


by Islamic law.

Article 54. Effects of irrevocable talaq or faskh. A talaq


or faskh, as soon as it becomes irrevocable, shall have the
following effects:

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(a) The marriage bond shall be severed and the spouses


may contract another marriage in accordance with this
Code;

(b) The spouses shall lose their mutual rights of


inheritance;

(c) The custody of children shall be determined in


accordance with Article 78 of this code;

(d) The wife shall be entitled to recover from the husband


her whole dower in case the talaq has been affected after
the consummation of the marriage, or one-half thereof if
effected before its consummation;

(e) The husband shall not be discharged from his


obligation to give support in accordance with Article 67;
and

(f) The conjugal partnership, if stipulated in the marriage


settlements, shall be dissolved and liquidated.

Article 55. Effects of other kinds of divorce. The


provisions of the article immediately preceding shall apply to
the dissolution, of marriage by ila, zihar, li’an and khul’, subject
to the effects of compliance with the requirements of the Islamic
law relative to such divorces.

Section 2. ‘Idda

Article 56. ‘Idda defined. ‘Idda is the period of waiting


prescribed for a woman whose marriage has been dissolved by
death or by divorce the completion of which shall enable her to
contract a new marriage.

Article 57. Period.

(1) Every wife shall be obliged to observe ‘idda as follows:

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EXECUTIVE ISSUANCES

(a) In case of dissolution of marriage by death, four


months and ten days counted from the death of her
husband;

(b) In case of termination of marriage by divorce, for three


monthly courses; or

(c) In case of a pregnant women, for a period extending


until her delivery.

(2) Should the husband die while the wife is observing


‘idda for divorce, another ‘idda for death shall be
observed in accordance with paragraph 1(a).

XXX XXX XXX

TITLE III
PATERNITY AND FILIATION

Article 58. Legitimacy, how established. Legitimacy of


filiation is established by evidence of valid marriage between
the father and the mother at the time of the conception of the
child.

Article 59. Legitimate children.

(1) Children conceived in lawful wedlock shall be


presumed to be legitimate. Whoever claims illegitimacy of or
impugns such filiation must prove his allegation.

(2) Children born after six months following the


consummation of marriage or with two years after the
dissolution of the marriage shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other
than that of the physical impossibility of access between the
parents at or about the time of the conception of the child.

Article 60. Children of subsequent marriage. Should the


marriage be dissolved and the wife contracts another marriage

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after the expiration of her ‘IDDA, the child born within six
months from the dissolution of the prior marriage shall be
presumed to have been conceived during the former marriage,
and if born thereafter, during the later.

Article 61. Pregnancy after dissolution. If, after the


dissolution of marriage, the wife believes that she is pregnant
by her former husband, she shall, within thirty days from the
time she became aware of her pregnancy, notify the former
husband or his heirs of that fact. The husband or his heirs may
ask the court to take measures to prevent a simulation of birth.

TITLE IV
SUPPORT (NAFAQA)

Article 65. Support defined. Support (nafaqa) includes


everything that is indispensable for sustenance, dwelling,
clothing and medical attendance according to the social standing
of the person obliged to give it, and the education of the person
entitled to the support until he completes his education,
training, or vocation even beyond the age of majority.

Article 66. Amount. The amount of support shall be in


proportion to the resources of the giver and to the needs of the
recipient.

Article 67. Support for wife and infant.

(1) The wife shall be entitled to support during the


marriage. In cases of divorce, (talaq), her right shall be
extended up to the expiration of the ‘idda. However, in
case the wife is pregnant at the time of the separation,
she shall be entitled to support until delivery.

(2) Any divorced nursing mother who continues to


breastfeed her child for two years shall be entitled to
support until the time of weaning.

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EXECUTIVE ISSUANCES

Article 68. Support between ascendants and


descendants. The ascendants and descendants shall be obliged
to support each other in the order in which they are called to
succeed by intestacy the person who has a right to claim
support.

Article 69. Payment.

(1) The obligation to support shall be demandable from


the time the recipient needs it for maintenance, but it
shall not be paid except from the date it is extrajudicially
demanded.

(2) Payment shall be made daily, weekly or monthly in


advance, and when the recipient dies, his heirs shall not
be obliged to return what he had received in advance.

(3) If the recipient is the wife, the rule established in


the foregoing paragraph shall apply even though the
marriage is dissolved.

Article 70. Extinguishment of support. The obligation to


support shall cease:

(a) Upon the death of the recipient;

(b) When the resources of the obligor have been so


reduced that he cannot give the support without
neglecting his own need and those of his family, except
that in the case of the spouses, the husband, though
needy, is obliged to support the wife; or

(c) When the recipient commits any act which would give
rise to disqualification to inherit or denial of support
under Muslim law.

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TITLE V
PARENTAL AUTHORITY

Chapter One
NATURE AND EFFECTS

Article 71. Who exercises.

(1) The father and the mother shall jointly exercise just
and reasonable parental authority and fulfill their
responsibility over their legitimate and acknowledged
children. In case of disagreement, the father’s decision
shall prevail unless there is a judicial order to the
contrary.

(2) The mother shall exercise parental authority over


her children born out of wedlock, but the court may,
when the best interests of the children so require,
appoint a general guardian.

Article 72. Duty to parents.

(1) Children shall respect, revere, and obey their parents


always unless the latter cast them into disbelief.

(2) Grandparents are likewise entitled to respect and


reverence, and shall be consulted whenever practicable
by all members of the family on all important questions.

Article 73. Duty to children. Every parent and every


person exercising parental authority shall see to it that the
rights of the children are respected, and their duties complied
with, and shall particularly by precept and example, imbue them
with religious and civic attachment to the ideal of permanent
world peace.

Article 74. Effects upon person of children. The parents


have, with respect to their unemancipated children:

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EXECUTIVE ISSUANCES

(a) The duty to support them, have them in their


company, educate and instruct them in keeping with
their means and represent them in all actions which shall
redound to their benefits; and

(b) The power to correct, discipline, and punish them


moderately.

Article 75. Effects upon property of children.

(1) The father, or in his absence the mother, shall be the


legal administrator of the property of the child under
parental authority. If the property is worth more than
five thousand pesos, the father or the mother shall give
a bond to be approved by the court.

(2) The court may appoint a guardian (wasi) in the


absence of one who is natural or testamentary.

Article 76. Parental authority non-transferable. Parental


authority can neither be renounced nor transferred except as
otherwise provided in this Code and the general principles of
Islamic law.

Article 77. Extinguishment of parental authority.

(1) Parental authority terminates upon the death of the


parents or the child, or upon emancipation.

(2) Subject to Article 78, the widowed mother who


contracts a subsequent marriage shall lose parental
authority and custody over all children by the deceased
husband, unless the second husband is related to them
within the prohibited degrees of consanguinity.

(3) The court may deprive a person of parental authority


or suspend the exercise thereof if he treats his children

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with excessive harshness, gives then corrupting or


immoral orders and counsel, or abandons them.

Chapter Two
CUSTODY AND GUARDIANSHIP

Article 78. Care and custody.

(1) The care and custody of children below seven years


of age whose parents are divorced shall belong to the
mother or, in her absence, to the maternal grandmother,
the paternal grandmother, the sister and aunts. In their
default, it shall devolve upon the father and the nearest
paternal relatives. The minor above seven years of age
but below the age of puberty may choose the parent with
whom he wants to stay.

(2) The unmarried daughter who has reached the age of


puberty shall stay with the father; the son, under the
same circumstances, shall stay with the mother.

Article 79. Guardian for marriage (wali). The following


persons shall have authority to act as guardian for marriage
(wali) in the order of precedence:

(a) Father

(b) Paternal grandfather;

(c) Brother and other paternal relatives;

(d) Paternal grandfather’s executor or nominee; or

(e) The court.

Article 80. Guardian of minor’s property. The following


persons shall exercise guardianship over the property of minors
in the order of precedence:

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(a) Father;

(b) Father’s executor or nominee;

(c) Paternal grandfather;

(d) Paternal grandfather’s nominee; or

(e) The court.

XXX XXX XXX

BOOK THREE
SUCCESSION

XXX XXX XXX

TITLE III
LEGAL SUCCESSION

Chapter One
SHARES

Article 110. Who are sharers. The following persons shall


be entitled to the inheritance as sharers to the extent set forth
in the succeeding articles:

(a) The husband, the wife;

(b) The father, the mother, the grandfather, the


grandmother;

(c) The daughter and the son’s daughter in the direct


line;

(d) The full sister, the consanguine sister, the uterine


sister and the uterine brother.

XXX XXX XXX

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Article 112. Share of surviving wife. The wife surviving


together with a legitimate child or a child of the decedent’s son
shall be entitled to one-eight of the hereditary estate; in the
absence of such descendants, she shall inherit one-fourth of the
estate.

XXX XXX XXX

Article 114. Share of surviving mother. The mother


succeeding as sharer together with a child or a child of the
decedent’s son, or with two or more brothers or sisters of the
decedent, shall be entitled to one-sixth of the hereditary estate.
Should she survive without any such descendant or with only
one brother or sister, she shall inherit one-third of the estate.

XXX XXX XXX

Article 116. Share of paternal grandmother. The paternal


grandmother succeeding in default of the mother, father, or
intermediate grandfather of the decedent shall be entitled, as
sharer, to one-sixth of the hereditary estate.

Article 117. Share of surviving daughter.

(1) If the decedent leaves no son but one daughter, the


latter shall be entitled to inherit, as sharer, one-half of
the hereditary estate. Two or more daughters shall share
equally two-thirds thereof. Should one or more daughters
survive with one or more sons of the decedent, the latter
shall be entitled to double the share of the former.

(2) Should a lone daughter of the decedent survive


together with his son’s daughter, the two-thirds share
shall be divided between them, one-half thereof to
pertain to the former and one-sixth of the latter.

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EXECUTIVE ISSUANCES

Article 118. Share of son’s daughter. The son’s daughter


shall, in the absence of any child of the decedent, be entitled to
one-half of the hereditary estate. Two or more daughters of the
decedent’s son shall share the two-thirds of the estate per capita.

Article 119. Share of full sister. Should the decedent


leave neither descendant, father, nor full brother, the full sister,
shall be entitled as sharer to the extent of one-half of the
hereditary estate. Two or more full sisters shall inherit two-
thirds of the estate per capita.

Article 120. Share of consanguine sister. Should the


decedent leave neither descendent, full brother, nor full sister,
the consanguine sister shall be entitled to one-half of the
hereditary estate. Two or more consanguine sisters shall inherit
two-thirds of the estate per capita.

Article 121. Share of uterine brother or sister. The share


of a uterine brother or sister shall be one-sixth of the hereditary
estate should there be no surviving descendant, father, paternal
grandfather, or full brother and sister of the decedent. Two or
more uterine brothers or sisters shall inherit one-third of the
estate per capita.

XXX XXX XXX

Chapter Two
RESIDUARY HEIRS

Article 124. Residuaries. Any residue left after the


distribution of the shares shall be partitioned among the
residuaries in accordance with the following articles. An heir
may succeed as residuary in his own right (asaba-bin-nafs), in
another’s right (asaba-bil-ghair), or together with another
(asaba-ma’al-ghair).

Article 125. Residuaries in their own right. The following


persons are residuaries in their own right:

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(a) Male descendants of the decedent in the direct line,


however, distant in degree;

(b) Male ascendants of the decedent in the direct line,


however distant in degree;

(c) Full-blood or consanguine brothers of the decedent


and their male descendants, however, distant in degree;
and

(d) Full-blood or consanguine paternal uncles of the


decedent and their male descendants, however distant
in degree.

Article 126. Residuaries in another’s right. The following


persons shall succeed as residuaries in another’s right:

(a) Daughters surviving with the son of the decedent;

(b) Son’s daughters surviving with their own brothers;

(c) Full sisters surviving with their full brothers; and

(d) Consanguine sisters surviving with their consanguine


brothers.

Article 127. Residuaries together with another. Full-


blood or consanguine sisters, surviving with daughters of the
decedent or with the son’s daughters, however, distant in degree
from the decedent, are residuaries together with another.

Article 128. Preference among residuaries. Preference


among residuaries shall be governed by the following rules:

(a) The residuary nearer in degree shall be preferred to


the more remote of the same class.

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EXECUTIVE ISSUANCES

(b) The residuary with full-blood relationship shall be


preferred to those of the half-blood of the same degree
of relationship in the same class.

(c) The residuaries of the same class, degree and blood


relationship shall share equally, subject to the rule of
the male having a share double that of the female in
proper cases.

Article 129. Reduction of shares. If the totality of all the


shares assigned to each of the sharers exceeds the whole
inheritance, the shares shall be reduced proportionately.

Article 130. Reversion of residue. If, after distributing


the portions of the sharers, a residue is left in the inheritance
and there is no surviving residuary heir, the same shall revert
in its entirety to the lone sharer or to all the sharers in
proportion to their respective shares. However, the husband
or the wife shall not be entitled to any part of the reverted
portion as long as there are other sharers or distant kindred.

Chapter Three
DISTANT KINDRED (DHAW-UL-ARHAM)

Article 131. Relatives included. Distant kindred


includes the following :

(a) The daughter’s children and the children of the son’s


daughter and their descendants;

(b) The excluded grandfather and the excluded


grandmother;

(c) The sister’s children, the brother’s daughters, the sons


of the uterine brother, and their descendants; and

(d) The paternal aunts, the uterine uncles and the


maternal aunts and uncles.

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Article 132. Extent and distribution of shares. In default


of all sharers and residuaries, the distant kindred shall inherit
the entire hereditary estate, the same to be distributed among
them in accordance with Articles 123 and 128.

BOOK FIVE
MISCELLANEOUS AND TRANSITORY PROVISIONS

XXX XXX XXX

TITLE VI
TRANSITORY AND FINAL PROVISIONS

Article 186. Effect of code on past acts. (1) Acts executed


prior to the effectivity of this Code shall be governed by the
laws in force at the time of their execution, and nothing herein
except as otherwise specifically provided, shall affect their
validity or legality or operate to extinguish any right acquired
or liability incurred thereby.

(2) A marriage contracted by a Muslim male prior to the


effectivity of this Code in accordance with non-Muslim
law shall be considered as one contracted under Muslim
law provided the spouses register their mutual desire
to this effect.

Article 187. Applicability Clause. The Civil Code of the


Philippines, the Rules of Court and other existing laws, insofar
as they are not inconsistent with the provisions of this Code,
shall be applied suppletorily.

Article 188. Separability clause. If, for any reason, any


article or provision of this Code is held to be invalid, the same
shall not affect the other articles or provisions hereof.

Article 189. Repealing clause. All laws, proclamations,


executive orders, rules and regulations, or any part thereof,

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EXECUTIVE ISSUANCES

inconsistent with provisions of this Code are hereby


correspondingly modified or repealed.

Article 190. Effectivity. This Code shall take effect


immediately.

DONE in the City of Manila this 4th day of February in


the year of Our Lord nineteen hundred and seventy-seven.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant

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PRESIDENTIAL DECREE NO. 1202

FURTHER AMENDING REPUBLIC ACT NO. 1161


OTHERWISE KNOWN AS SOCIAL SECURITY LAW

WHEREAS, under Article II, Section 7 of the


Constitution of the Philippines, it is the declared policy of the
State to “establish, maintain and ensure adequate social services
in the field of . . . social security to guarantee the enjoyment by
the people of a decent standard of living.”

WHEREAS, in view of the increased membership of


judicious management of funds by the Social Security System,
it is now possible for the SSS to further increase benefits to its
members without any new additional contribution therefor;

WHEREAS, it is likewise necessary to integrate


maternity leave benefits into the SSS for the better protection
of the health and welfare of the female members of our working
population;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree:

Section 1. Section 3(a) Republic Act No. 1161 is hereby


amended to read as follows:

“Sec. 3. Social Security System (a) To carry out the


purposes of this Act, the Social Security System with
principal place of business in Metro-Manila, Philippines,
is hereby created. The SSS shall be under the general
supervision of a Social Security Commission composed
of the Secretary of Labor, the SSS Administrator and six
appointive members, two of whom shall represent the
labor group, two, the management group and two, the
general public, to be appointed by the President of the

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EXECUTIVE ISSUANCES

Philippines. The Chairman of the Commission shall be


designated by the President from among its members.
The term of the appointive members shall be three years:
Provided, That the terms of the six appointive members
shall be one, two, and three years for every two members,
respectively. All vacancies, except through the expiration
of the term, shall be filled for the unexpired term only.
The appointive members of the Commission shall receive
two hundred pesos per diem for each meeting actually
attended by them: Provided, That no compensation shall
be paid for more than eight meetings a month.”

XXX XXX XXX

Section 7. Republic Act No. 1161 is hereby amended by


adding a new section after Section 14 thereof, to read as follows:

“Sec. 14-A. Maternity Leave Benefits Any female


employee covered under this Act for whom at least three
monthly maternity contributions in the twelve-month
period immediately preceding the semester of her
childbirth, abortion, or miscarriage have been paid in
accordance with section eighteen (a) hereof and who is
currently employed shall be paid a daily maternity
benefit equivalent to one hundred per cent of her average
daily salary credit for forty-five days subject to the
following conditions:

(1) 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.

(2) That payment shall be advanced by the employer in


two equal installments within thirty days from the filing
of the maternity leave application;

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(3) That payment of daily maternity benefits shall be a


bar to the recovery of sickness benefits provided by this
Act for the same compensable period of forty-five days
for the same childbirth, abortion, or miscarriage;

(4) That the maternity benefits provided under this


Section shall be paid only for the first four deliveries
after March 13, 1973;

(5) That the SSS shall immediately reimburse the


employer of one hundred per centum of the amount of
maternity benefits advanced to the employee by the
employer upon receipt of satisfactory proof of such
payment and legality thereof;

(6) That if an employee should give birth or suffer


abortion or 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 time of the
pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said employee would
otherwise have been entitled to, and the SSS shall in
turn pay such amount to the employee concerned.

“Provided, however, That for contingencies occurring


during the period from January 1, 1978 to June 30, 1978,
the payment of social security contributions shall instead
be required for entitlement to maternity benefits.”

XXX XXX XXX

Section 10. Republic Act No. 1161 is hereby amended by


Adding a new section after Section 18 thereof, to read as follows:

“Sec. 18-A. Additional Contributions for Maternity


Benefits. The employer shall remit to the SSS an
additional contribution equivalent to 0.4% of the monthly

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EXECUTIVE ISSUANCES

salary credit of all his employees and if any contribution


is not paid to the SSS as herein prescribed, he shall pay,
besides the contribution, a penalty of 3% per month from
the date the contribution falls due until paid.

“The contribution provided hereunder shall be collected,


administered and disbursed in the same manner,
conditions, requirements and safeguards as those
provided for other funds collected and kept by the SSS
in accordance with this Act and shall be kept separate
and distinct from all such other funds of the SSS.”

XXX XXX XXX

Section 14. Effectivity This Decree shall take effect on


January 1, 1978.

DONE in the City of Manila, this 27th day of September,


in the year of Our Lord, nineteen hundred and seventy-seven.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant

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PRESIDENTIAL DECREE NO. 1379

GRANTING CITIZENSHIP TO DESERVING ALIENS WHO


HAVE APPLIED FOR NATURALIZATION AND FOR
OTHER PURPOSES.

WHEREAS, pursuant to Letters of Instructions Nos. 260


and 491 applications for naturalization by decree were received
by the Special Committee on Naturalization created under LOI
270 for processing and evaluation;

WHEREAS, while a substantial number of application


thus filed have already been passed upon resulting in the
naturalization of 16,399 alien applicants, there remain 22,4539
more applicants whose applications are still pending
consideration;

WHEREAS, on the basis of its performance resulting in


the approval of its recommendation with respect to alien
applicants whose application for naturalization should be
granted there is ground to entrust the approval of the remaining
applications for naturalization to the Special Committee on
Naturalization under the guidelines provided in LOI 270 and
491;

WHEREAS, it is necessary to grant naturalization to such


alien applicants as may be found by the Special Committee on
Naturalization to possess the qualifications and not suffering
from any disqualifications to obviate the need of approving
separate recommendations by the committee and promulgating
the corresponding decree as has heretofore been done.

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby provide as follows:

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EXECUTIVE ISSUANCES

SECTION 1. The Special Committee on Naturalization


created under Letter of Instruction No. 270, as amended by LOI
Nos. 283, and 491, shall from time to time determine who of the
individuals of foreign nationality, who have pending
applications for naturalizations by decree, possess the
qualifications and do not suffer from any of the disqualifications
provided in LOI 270, as amended by LOI Nos. 283, and 491,
until all applications for naturalization filed with it shall have
been disposed of.

SEC. 2. Philippine citizenship is hereby granted to such


individuals of foreign nationality who have pending applications
for naturalization by decree as may be determined by the Special
Committee on Naturalization to have all the qualifications and
none of the disqualifications, as provided in section 1.

Citizenship granted under this Decree shall take effect


upon the applicant taking the oath of allegiance as Philippine
citizen and the issuance to him of the corresponding certificate
of naturalization by the Special Committee. The Commission
on Immigration and Deportation shall thereupon cancel his
certificates of registration as alien and issue to him the
corresponding identification certificate as citizen.

SEC. 3. If an applicant is granted naturalization but dies


before taking the oath of allegiance as Filipino citizen and the
issuance to him of the certificate of naturalization, his widow,
if residing in the Philippines and found by the Special
Committee to have none of the disqualifications specified in
said LOI 270, may take the oath of allegiance, as Filipino citizen,
after which the minor children of said deceased alien and his
wife, subject to the provisos of the next succeeding section, shall
follow the required Filipino citizenship of their mother.

SEC. 4. Alien wives and minor children of persons


naturalized under this Decree shall be deemed Philippine
citizens provided that:

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(a) The alien wife shall, in all cases, not suffer


from any of the disqualifications for naturalization under
Letter of Instructions No. 270.

(b) The alien wife and minor children of persons


naturalized under this Decree reside permanently in the
Philippines at the time of his naturalization;

(c) If the alien wife does not reside in the


Philippines at the time of the naturalization of her
husband, she shall come to the Philippines and reside in
this country in good faith within one year from the
naturalization of her husband.

(d) If minor children do not reside in the


Philippines at the time of the naturalization of their
father they shall, within one (1) year from the
naturalization of their father, in good faith reside in this
country and, if of school age, enroll in Philippine schools.
The fact that any such minor child of school age fails to
graduate from a Philippine school, except for valid
reasons shown, shall be considered prima facie evidence
of failure in good faith enroll in Philippine schools.

SEC. 5. In case the alien naturalized under this Decree


is a women, her minor children may elect Philippine citizenship
pursuant to existing law upon reaching the age of majority.

SEC. 6. The Special Committee may cancel certificates


of naturalization issued under this Decree in the following
cases;

(a) If it finds that the naturalized persons or his


duly authorized representatives made any false
statement or misrepresentation or committed any
violation of law, rules and regulation in connection with
the petition for naturalization, or if he otherwise

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EXECUTIVE ISSUANCES

obtained Philippine citizenship, fraudulently or illegally,


the certificate of naturalization shall be canceled;

(b) If the naturalized persons or his wife, or any


of his minor children who acquire Filipino citizenship
by virtue of his naturalization shall, within five (5) years
next following the grant of Philippine citizenship,
establish permanent residence in a foreign country, that
individual’s certificate of naturalization or acquired
citizenship shall be cancelled or revoked, provided that
the fact of such person’s remaining for more than one
year in his country of origin, or two years in any other
foreign country, shall be considered prima facie evidence
of intent to permanently reside therein;

(c) If the naturalized persons or his wife or child


with acquired citizenship allows himself or herself to be
used as a dummy in violation of any constitutional or
legal provision requiring Philippine Citizenship as a
condition for the exercise, use, or enjoyment of a right,
franchise, or privilege, the certificate of naturalization
or acquired citizenship shall be cancelled or revoked;

(d) If the naturalized person of his wife or child


with acquired citizenship commits any act inimical to
national security, the certificate of naturalized or
acquired citizenship shall be cancelled or revoked.

SEC. 7. In case the naturalized person holds any


hereditary title, or belongs to any order of nobility, he shall
make an express renunciation of his title or membership in this
order of nobility before the Special Committee or its duly
authorized representative, and such renunciation shall be
included in the records of his application for citizenship; and

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SEC. 8. The Special Committee shall promulgate such


rules and regulations as may be necessary for the effective and
expeditious implementation of the provisions of this Decree.

SEC. 9. Any person who shall fraudulently make, falsity,


forge, change, alter, or cause or aid any person to do the same,
who shall purposely aid and assist in falsely making, forging,
falsifying, changing or altering an application of naturalization
under LOI 270 and its amendments, or a naturalization
certificate issued under this Decree for the purpose of making
use thereof, or in order that the same may be used by another
person or persons any person who shall purposely aid and assist
another in obtaining a naturalization certificate in violation of
this Decree, shall be punished by a fine of not more than Five
Thousand Pesos, (5,000.00) and by imprisonment for not more
than five years, and in the case that the person convicted is a
naturalized citizen his certificate of naturalization shall, if not
earlier canceled by the Special Committee, be order cancelled.

SEC. 10. All laws, decrees and instructions inconsistent


with this Decree shall be deemed repealed.

SEC. 11. This Decree shall take effect immediately.

Done in the City of Manila, this 17th day of May, in the


year of Our Lord, nineteen hundred and seventy-eight.

FERDINAND E. MARCOS
President of the Philippines

By the President:

JUAN C. TUVERA
Presidential Assistant

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 1636

FURTHER AMENDING REPUBLIC ACT NO. 1161


OTHERWISE KNOWN AS SOCIAL SECURITY LAW

WHEREAS, under Article II Section 7 of the Constitution


of the Philippines, it is the declared policy of the State to
“establish, maintain and ensure adequate social services in the
field of . . . social security to guarantee the enjoyment by the
people of a decent standard of living”;

WHEREAS, under Sec. 2 of the Social Security Law, it is


the declared 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. . with a view to promote
their well-being in the spirit of social justice”;

WHEREAS, in view of the increased membership and


judicious management of funds by the Social Security System,
it is now again feasible for the SSS to further increase benefits
to cushion the rising cost of living of its members in the light of
changing economic conditions;

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree:

SECTION 1. Paragraph (c) of Section 4 of Republic Act


No. 1161 is hereby amended to read as follows:

“Sec. 4. Powers and Duties of the Commission. —

XXX XXX XXX

SEC. 11. Section 14-A of Republic Act No. 1161 is hereby


amended to read as follows:

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“Sec. 14-A. Maternity leave benefit. — A covered female


employee who has paid at least three monthly contributions in
the twelve-month period immediately preceding the semester
of her childbirth, abortion, or miscarriage and who is currently
employed shall be paid a daily maternity benefit equivalent to
one hundred percent of her average daily salary credit for forty-
five days 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) That payment shall be advanced by the employer in


two equal installments within thirty 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 compensable period of forty-five days for the same
childbirth, abortion, or miscarriage;

“(d) That the maternity benefits provided under this


Section shall be paid only for the first four deliveries after
March 13, 1973;

“(e) That the SSS shall immediately reimburse the


employer of one hundred percent of the amount of maternity
benefits advanced to the employee by the employer upon receipt
of satisfactory proof of such payment and legality thereof;

“(f) That if an employee should give birth or suffer


abortion or 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 time of the pregnancy, the employer shall pay to
the SSS damages equivalent to the benefits which said employee

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EXECUTIVE ISSUANCES

would otherwise have been entitled to, and the SSS shall in
turn pay such amount to the employee concerned.

XXX XXX XXX

SEC. 20. Paragraph (e) of Section 28 of Republic Act No.


1161 is hereby amended to read as follows:

“Sec. 28. Penal Clause. —

“(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 hundred pesos nor more than five thousand
pesos, or imprisonment for not less than six months nor more
than one year, 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 employee’s compensation and
remit the same to the SSS, the penalty shall be fine of not less
than five hundred pesos nor more than five thousand pesos and
imprisonment for not less than six months nor more than one
year.”

SEC. 21. Effectivity. — This decree shall take effect on


January 1, 1980.

Done in the City of Manila, this 7th day of September, in


the year of Our Lord, nineteen hundred and seventy-nine.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant

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PRESIDENTIAL DECREE NO. 1855

AN ACT AMENDING SECTION FOUR OF THE CHARTER


OF THE PHILIPPINE VETERANS BANK

WHEREAS, the Philippine Veterans Bank was created


pursuant to its Charter (Republic Act No. 3518), as amended,
for the benefit solely of the veterans of World War II;

WHEREAS, the term “veteran or veterans under


paragraph (a), Section 4 of the PVB Charter include any person
or persons who served in the regularly constitutedr, land or
naval services or arms, or in such non-regularly organized
military units in the Philippines during World War II, and whose
services with such units are duly recognized by the Republic of
the Philippines or by the Government of the United States;

WHEREAS, Section 3 of Republic Act No. 2640, otherwise


known as the Charter of the Veterans Federation of the
Philippines, the umbrella of all accredited veterans
organizations, provides that the members of the said Federation
are not only veterans of World War II, but also those who served
in the Philippine Expeditionary Force to Korea (PEPTOK) or
in any armed conflict in which the Philippines may be involved
in the future, and the retirees of the Armed Forces of the
Philippines who served in the military service after World War
II for ten years or more;

WHEREAS, if only World War II veterans and their


widows, orphans and compulsory heirs shall remain the
stockholders of the PVB, there will come a time in the near
future that the number of stockholders will be greatly reduced
because of their inevitable death, taking into account that for
purposes of the PVB Charter, only the heirs of the veterans in

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EXECUTIVE ISSUANCES

the direct ascending line and direct descending line (excluding


their grandchildren) are qualified to succeed to the shares of
stock upon the death of the stockholders;

WHEREAS, in order to insure the perpetuity of the


Philippine Veterans Bank, there is an urgent necessity of
including in the definition of the term “veteran or veterans”
those who served in the Philippine Expeditionary Force to
Korea or in any armed conflict in which the Philippines may be
involved in the future, and the retirees of the Armed Forces of
the Philippines.

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and make the
following as part of the law of the land:

SECTION 1. Section four of Republic Act No. 3518 is


amended to read as follows:

“Sec. 4. Determination of veterans entitled to benefit


from this Act. — (a) The term “veteran or veterans” shall include
any person or persons who served in the regularly constituted,
land or naval services or arms, or in such non-regularly
organized military units in the Philippines during World War
II and whose services with such units are duly recognized by
the Republic of the Philippines or by the Government of the
United States, those who serve in the Philippine Expeditionary
Force to Korea during the Korean Campaign, or in any armed
conflict in which the Philippines may be involved in the future,
and the retirees of the Armed Forces of the Philippines who
served in the post World War II military service for at least ten
years: Provided, That, the said veterans or retirees have been
honorably discharged or separated from the service or continue
in the active military service or are carried in the military roster

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on inactive reserve: Provided, further, That for purposes of this


Act, the term “veteran or veterans” shall also include the
widows, orphans and compulsory heirs of deceased veterans in
the direct ascending line and direct descending line, excluding
their grandchildren and great-grandchildren.

(b) The term “organized or acknowledged veterans


organizations” as used in this Act shall mean a veteran
organization duly recognized or acknowledged as such by the
Philippine Veterans Affairs Office, and Armed Forces of the
Philippines which shall keep official rosters of such veterans
organizations;

(c) On the basis of the acknowledged or duly established


official records and data from the Treasury of the Philippines
and any other record or evidence admissible under the rules of
evidence, such as the records of the Philippine Veterans Affairs
Office and of the Armed Forces of the Philippines, the said
government entities shall determine immediately after the
approval of this Act who and how many are the veterans of the
Philippines as enumerated in Paragraph (a) of this section, who
are entitled to the benefits of this Act. The decision of the
Philippine Veterans Affairs Office and the Armed Forces of the
Philippines on the matter shall be final, unless appeal for review
within fifteen days from notice thereof, is made to the President
of the Philippines or to the Supreme Court whose decision shall
be final. The appeal shall be perfected in the same manner as
in other proceedings and it may be prosecuted by the interested
party or by the head of any acknowledged veteran organization;

(d) The reckoning date for determining the status and


number of such veterans, their widows, orphans or compulsory
heirs shall be the date of approval of this Act.

(e) The share of each beneficiary, war veteran or widow,


orphan or compulsory heir of a deceased veteran, in the
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EXECUTIVE ISSUANCES

distribution of the benefits accruing to the Republic of the


Philippines, shall be equal regardless of rank and services
rendered; Provided, That in case of orphan or orphans of a
deceased veteran, they shall be counted as one unit only and
the share of all of them regardless of their number shall be the
same or equal to that of a surviving war veteran or surviving
widow;

(f) Notice of the decision of the Philippine Veterans


Affairs Office and the Armed Forces of the Philippines on the
question of who are entitled to participate in the benefits
accruing to the Veterans Trust Fund shall immediately be served
on the interested parties, either directly or thru the
organization to which they belong in writing and by registered
mail. In addition, the Philippine Veterans Affairs Office and
the Armed Forces of the Philippines shall publish for three
consecutive weeks a notice in two newspapers of general
circulation in the Philippines to the effect that the Philippine
Veterans Affairs Office and the Armed Forces of the Philippines
have already completed their work of determining the number
and the identity of those entitled to participate in the trust
fund and advising any party interested who has not received
yet the notice of the decision served upon him that he may verify
his inclusion or exclusion from the official register in the
Philippine Veterans Affairs Office and the Armed Forces of the
Philippines. These offices shall keep complete lists and official
register of those included and excluded from the enjoyment of
the benefit, which lists shall be available for inspection during
office hours. The official registry books shall constitute as
irrevocable public record, certified true copies of which may be
released by the custodian of records for official purpose only.”

Section 2. This decree shall take effect immediately.

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Done in the City of Manila, this 26th day of December,


in the year of Our Lord, nineteen hundred and eighty-two.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

(Sgd.) JOAQUIN T. VENUS


Deputy Presidential Executive Assistant

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EXECUTIVE ISSUANCES

PRESIDENTIAL DECREE NO. 1910

AUTHORIZING FEMALE MILITARY MEMBERS OF THE


ARMED FORCES OF THE PHILIPPINES TO MARRY
UPON COMPLETION OF THREE YEARS ACTIVE
SERVICE

WHEREAS, Section 5 of Republic Act Number 3835


provides that officers and enlisted personnel of the Women’s
Auxiliary Corps who contract marriage shall be automatically
separated or discharged from the service;

WHEREAS, Presidential Decree Number 1043 modifies


the restriction by setting five years of continuous active service
as a prerequisite before any member of the Women’s Auxiliary
Corps can marry without being separated or discharged from
the service;

WHEREAS, similar current AFP regulations governing


members of the Nurse Corps, contain the same restriction
applied to the officers and enlisted women of the Women’s
Auxiliary Corps;

WHEREAS, this restriction causes demoralization


especially among those who honestly feel that their rights are
violated by such laws and regulations which limit their solemn
and inherent prerogative to contract marriage anytime and that
such restriction is prejudicial to their welfare since it is not
applied to their civilian counterparts in other government
service.

NOW, THEREFORE, I, FERDINAND E. MARCOS,


President of the Philippines by virtue of the powers vested in
me by the Constitution, do hereby order and decree that:

SECTION 1. Any female commissioned officer or enlisted


woman whose contract marriage on or after the approval of
this Act while in the active service shall be automatically

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

separated unless she has, at that time of said marriage, already


completed at least three (3) years of continuous active military
service in the Armed Forces of the Philippines. Provided, that
any female member of the AFP who was previously separated
or discharged honorably by reason of marriage may be called to
active duty or reinstated subject to the above condition and in
accordance with rules and regulations as the Chief of Staff, AFP
may prescribe.

SEC. 2. Any law, decree, letters of instructions,


presidential or executive orders, rules and regulations
inconsistent with this decree are hereby repealed or modified
accordingly.

Section 3. This decree shall take effect upon its approval.

Done in the City of Manila, this 22nd day of March, in


the Year of our Lord, Nineteen hundred and eighty-four.

(Sgd.) FERDINAND E. MARCOS


President of the Philippines

By the President:

gd.) JUAN C. TUVERA


Presidential Executive Assistant

480
EXECUTIVE ISSUANCES

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, January 31, 1922

EXECUTIVE ORDER NO. 5


Executive Order Numbered Two, series of nineteen
hundred and thirteen, as amended by Executive Orders
Numbered Seven and Seventy-nine, series of nineteen hundred
and thirteen and nineteen hundred and fourteen, respectively,
and Executive Orders Numbered Thirteen and Forty-three,
series of nineteen hundred and twenty-one, appointing the
officers and members of the Playground and Recreation
Commission of the City of Manila, is hereby further amended
by appointing Miss Trinidad Fernandez as an additional
member of the Commission and Messrs. E. S. Turner and C. E.
Zeininger, members, to take the positions left vacant by the
resignation of Messrs. H. W. Love and R. C. Bennet, respectively.

LEONARD WOOD
Governor-General

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OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, March 23, 1921

EXECUTIVE ORDER NO. 13


Executive Order Numbered Two, series of nineteen
hundred and thirteen, as amended by Executive Orders
Numbered Seven and Seventy-nine, series of nineteen hundred
and thirteen and nineteen hundred and fourteen, respectively,
is hereby further amended to read as follows:

“The following are appointed officers and members of


the Playground and Recreation Commission of the City of
Manila:

“Honorable Ramon Fernandez, Chairman.

“Milton E. Springer, Vice-Chairman.

“Camilo Osias, Treasurer.

“Fred O. Engalnd, Secretary.

“Mrs. Concepcion Calderon, Member.

“Mrs. C. G. Wrentmore, Member.

“Mrs. F. A. Delgado, Member.

“Dr. Guy P. Benton, Member.

“Dr. Alejandro Albert, Member.

“Luther P. Bewley, Member.

“Dr. Ramon Papa, Member.

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EXECUTIVE ISSUANCES

“H. A. Bordner, Member.

“R. McCollough Dick, Member.

“Bienvenido A. Tan, Member.

“Teodoro R. Yangco, Member.

“W. N. Bartholomew, Member.

“Conrado Benitez, Member.

“George Seaver, Member.

“Dr. Regino R. Ylanan, Member.

“H. W. Love, Member.

“Jorge B. Vargas, Member.

“James C. Rockwell, Member.

“Miss Librada Avelino, Member.

“Major J. H. Reynolds, Member.

“Hon. Manuel Earnshaw, Member.

“Michael O’Malley, Member.

“Dr. Jose Fabella, Member.

“R. C. Bennett, Member.

“R. M. Hall, Member.

“The purpose of the Playground and Recreation


Commission shall be to promote wholesome play and recreation
for children and adults of Manila, in pursuance of which it will
seek: (1) To secure an athletic stadium to be used as a public

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

playground and athletic field with seating facilities for 30,000


people; (2) to make a survey of the recreational needs of the
city of Manila and to adopt a definite plan of recreational
development after the survey has been completed and use its
influence and its efforts toward the realization of such a plan;
(3) to secure the provision of adequate facilities for athletics,
swimming and other forms of physical and social recreation for
the community; (4) to secure adequate and appropriate
playground in connection with all schools, and the organization
of play and physical activities at all suitable times thereon; and
(5) to devise ways and means of securing the necessary funds
for the realization of recreational projects undertaken by the
commission.

“The first meeting is hereby called to be held in the office


of the Mayor at five p.m. on Wednesday, April six, nineteen
hundred and twenty-one.”

CHARLES E. YEATER,
Acting Governor-General

484
EXECUTIVE ISSUANCES

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINES ISLANDS

MANILA, June 18, 1923

EXECUTIVE ORDER NO. 19


The following are hereby appointed to constitute a
Pardon Board to go over all cases in the Cebu jail and to submit
recommendations as to pardon or reduction of sentence to the
Board of Pardons created by Executive Order Numbered Forty-
seven, series of 1922:

Hon. Adolph Wislizenus, Judge of the Court of First


Instance of Cebu, Chairman,

The Provincial Commander of Constabulary, and

The Division Superintendent of Schools,

Mrs. Filemon Sotto and

Mrs. Adolph Wislizenus will sit with the board of all cases
of juvenile offenders under sixteen years of age.

LEONARD WOOD
Governor-General

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OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

Manila, April 18, 1925

EXECUTIVE ORDER NO. 22


Executive Order Numbered Nineteen, series of nineteen
hundred and twenty-three, is hereby amended to read as
follows:

“The following are hereby appointed to constitute a


Pardon Board to go over all cases in the Cebu Jail and to submit
recommendations as to pardon or reduction of sentence to the
Board of Pardons created by Executive Order Numbered Forty-
seven, series of nineteen hundred and twenty-two.

“Honorable Adolph Wislizenus, Judge of the Court of


First Instance of Cebu, Chairman; District Inspector of
Constabulary, and the Division Superintendent of Schools, Mrs.
Filemon Soto and Mrs. Adolph Wislizenus will sit with the board
in all cases of juvenile offenders under sixteen years of age.”

LEONARD WOOD
Governor-General

486
EXECUTIVE ISSUANCES

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

Manila, May 7, 1925

EXECUTIVE ORDER NO. 24


Executive Order Numbered Twenty-six, series of
nineteen hundred and twenty-two as amended by Executive
Order Numbered Twenty-nine, same series, and Executive
Orders Numbered Twenty-seven and Sixty-four, both series of
nineteen hundred and twenty-four, is hereby further amended
to read as follows:

“Dr. William H. Brown, Chairman; Dr. Fernando


Calderon, Dr. Jacobo Fajardo, Dr. R. Abriol, Miss Socorro
Salamanca, Dr. Frank Milam, Dr. Otto Schobl, Lieut.-Col. Joseph
F. Siler, and Lieut.-Col. J. L. Shepard, are hereby appointed a
board to select candidates for Rockefeller Foundation
fellowships.

“All communications pertaining thereto should be


addressed to the chairman of the board.”

LEONARD WOOD
Governor-General

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OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, January 31, 1922

EXECUTIVE ORDER NO. 26


Dr. Elmer D. Merrill, Dr. Vicente de Jesus, Dr. Fernando
Calderon, and Miss Anastacia Giron are hereby appointed a
board to select candidates for ROCKEFELLER FOUNDATION
fellowships.

All communications pertaining thereto should be


addressed to Dr. Elmer D. Merrill, Chairman of the board.

LEONARD WOOD
Governor-General

488
EXECUTIVE ISSUANCES

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, May 8, 1924

EXECUTIVE ORDER NO. 27


Executive Order Numbered Twenty-six, series of
nineteen hundred and twenty-two, as amended by Executive
Order Numbered Twenty-nine, same series, is hereby further
amended to read as follows:

“Doctor William H. Brown, Chairman; Dr. Fernando


Calderon, Dr. Vicente de Jesus, Dr. R. Abriol, Miss Socorro
Salamanca, Dr. George R. Lacy, Dr. Otto Schobl, and Lt. Col.
Joseph F. Siler, are hereby appointed a board to select
candidates for Rockfeller Foundation fellowships.

“All communications pertaining thereto should be


addressed to the chairman of the board.”

LEONARD WOOD
Governor-General

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L AWS AND EXECUTIVE ISSUANCES ON W OMEN ’S RIGHTS AND W ELFARE

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, January 31, 1922

EXECUTIVE ORDER NO. 29


Executive Order Numbered Twenty-six, current series,
is hereby amended to read as follows:

“Dr. Elmer D. Merrill, Dr. Vicente de Jesus, Dr. C. N.


Leach, Dr. W. S. Carter, Dr. Fernando Calderon, and Miss
Anastacia Giron are hereby appointed a board to select
candidates for Rockefeller Foundation fellowships.

“All communications pertaining thereto should be


addressed to Dr. Elmer D. Merrill, Chairman of the board.”

LEONARD WOOD
Governor-General

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EXECUTIVE ISSUANCES

OFFICE OF THE GOVERNOR-GENERAL OF THE


PHILIPPINE ISLANDS

MANILA, April 4, 1917

EXECUTIVE ORDER NO. 30


Executive Order Numbered Two, series of nineteen
hundred and thirteen, as amended by Executive Orders
Numbered Seven, of the same series, and No. 79, series of 1914,
is hereby further amended to read as follows:

“Justo Lukban, Mayor of the City of Manila, Mrs. Horace


G. Reed, Mrs. Concepcion Calderon, the Director of Education,
the City Engineer, George Seaver, the City Superintendent of
Schools, and Elwood S. Brown are hereby appointed a
playground committee for the city of Manila, of which the first
named shall be chairman and the last named, secretary, to act
in an advisory capacity to the present Park Board; to foster
public interest in the playground movement, to arrange for the
training of the supervisors, to adopt a comprehensive plan of
operation, to suggest the type of equipment necessary, to decide
where equipment secured shall be located, to plan and conduct
play festivals, and to develop such other activities as may be
necessary in connection with the work of securing and operating
playgrounds and play fields.”

“Any action of the committee requiring and expenditure


of money should be presented to the Municipal Board of the
city of Manila.”

FRANCIS BURTON HARRISON,


Governor-General

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EXECUTIVE ORDER NO. 33

PROMULGATING RULES AND REGULATIONS TO


CARRY OUT THE PROVISIONS OF REPUBLIC ACT
NUMBERED THIRTY ENTITLED “AN ACT
AUTHORIZING THE PAYMENT, UNDER CERTAIN
CONDITIONS, OF A GRATUITY TO THE WIDOW AND/
OR CHILDREN, AND IN THEIR ABSENCE TO THE
OTHER HEIRS, OF A DECEASED OFFICER OR
MEMBER OF ANY POLICE FORCE OR SIMILAR
GOVERNMENTAL ORGANIZATION ENGAGED IN
THE MAINTENANCE OF PEACE AND ORDER,
APPROPRIATING FUNDS THEREFOR.”

Pursuant to the provisions of section 2 of Republic Act


No. 30, I, Manuel Roxas, President of the Philippines, do hereby
promulgate the following rules and regulations to carry out the
provisions of the aforesaid Act:

1. Claims under the aforesaid Act shall be paid only after


a Committee composed of the Secretary of the Interior as
chairman and the Undersecretary of Justice and the Provost
Marshal General as members has determined that they come
within or that they fully satisfy the requirements of Republic
Act No. 30.

2. For the purpose of said determination, the papers of


each case shall include, among other pertinent supporting
information and documents, the following:

(a) Evidence of employment, such as certified true copies


of last appointment or commission, and transcript of service
record.

(b) The circumstances, in full, showing that the deceased


was engaged in the performance of his duties in connection with
the campaign for the maintenance of peace and order and that

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EXECUTIVE ISSUANCES

he met death in said campaign or that his death was a direct


consequence of his participation therein.

(c) Satisfactory evidence of death and of its cause, such


as death certificate and certificate of the physician who attended
the deceased during his last illness or autopsy report if cause
of death cannot be determined by ordinary means.

3. Until provision is made otherwise, the benefits


afforded in Republic Act No. 30 shall accrue only in cases of
death occurring on or after January 1, 1946: Provided, That such
sums out of the appropriation provided in said Act remaining
unexpended at the close of the present fiscal year may be paid
as benefits to cases of death occurring after June 30, 1947, if
the cause thereof be participation in a campaign conducted
before July 1, 1947.

4. The Auditor General, with the concurrence of the


Secretary of the Interior, shall issue the necessary instructions
for the proper and expeditious identification of the beneficiary
or beneficiaries as authorized by Republic Act No. 30. Said
instructions should tend to eliminate unnecessary
requirements and delay so that the beneficiary or beneficiaries,
once identified, may promptly receive the amount or amounts
due to them under said Act. Whenever there will be no
confusion, actual payment of the gratuity should be made to
only one of the rightful claimants who may have been duly
authorized by the others to receive the amount for all of them.

5. All officers and employees, be they National or of the


local governments, who participate in the perfection of the
claim or in the preparation of the necessary papers to support
the claim, are directed to assist in every possible way, any
applicant for gratuity under said Act.

6. All claims for gratuity shall be given preferential


attention and to expedite the movement from office to office of

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