Republic Act No.

9208             May 26, 2003

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

Be it enacted by the Senate and the 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".

Section 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 accepted human rights instruments and other international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or
without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be
considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care
of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money, profit or any other consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of enticement, violence,
intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy,
debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals which consists
of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes
sexual services and practices offered during rest and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic materials as a
result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through
abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her
control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of
the services as reasonably assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent shows, information
technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of
the sexual parts of a person for primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following
acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext
of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for
under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
 (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing
and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion,
or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be
unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of
promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and
certificates of any government agency which issues these certificates and stickers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or
distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for
departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial
boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked
persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or
appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large
scale if committed against three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked
person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement
agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).

Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement
officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to
privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such
circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of
the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking
in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under this Act, the
trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any
of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense: Provided, That
the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this
Act:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment
of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos
(P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment
of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of
not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be
imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of
the crime or who shall have knowingly permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency,
corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be
cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from
entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances,
passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether
juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without
prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be
dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the
decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution shall be
penalized as follows:

(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos
(P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That
trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the
conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when
such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable
to the accused.

Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the recovery of civil
damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - In addition to the
penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the commission of the crime, unless they are the property of a third person not liable for the
unlawful act; Provided, however, That all awards for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be taken from the confiscated and forfeited
properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to
prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the
value of the proceeds, property or instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to
Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the Council to be used exclusively for programs
that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such
programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring
and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and non-government
organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe,
government, NGOs and international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 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;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for trafficked persons
regardless of their manner of entry to the receiving country, and explore means to further enhance its assistance in
eliminating trafficking activities through closer networking with government agencies in the country and overseas,
particularly in the formulation of policies and implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable Passports to protect the
integrity of Philippine passports, visas and other travel documents to reduce the incidence of trafficking through the use of
fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and protective programs for
trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and develop a system for
accreditation among NGOs for purposes of establishing centers and programs for intervention in various levels of the
community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance with the rules and
guidelines relative to the employment of persons locally and overseas. It shall likewise monitor, document and report cases of
trafficking in persons involving employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and designate and train
special prosecutors who shall handle and prosecute cases of trafficking. It shall also establish a mechanism for free legal
assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs
and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and coordinate in the
formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant
government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its local and
international advocacy for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration laws. It shall
adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and shall ensure
compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with the guidance and counseling requirement as
provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake surveillance, investigation
and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate with various law
enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. It shall
also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-employment orientation
seminars and pre-departure counseling programs to applicants for overseas employment. It shall likewise formulate a system
of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and prevention
campaign and likewise maintain a databank for the effective monitoring, documentation and prosecution of cases on
trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their areas of jurisdiction,
effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution
 of such cases. They shall also undertake an information campaign against trafficking in persons through the establishment of
the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with DILG,
Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They
shall encourage and support community based initiatives which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's organizations (Pos),
civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the act or acts of trafficking
and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth
in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act No. 6981 to the
contrary notwithstanding, any trafficked person shall be entitled to the witness protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council, trafficked persons in the
Philippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to
trafficked persons under this Act: Provided, That they shall be permitted continued presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the prosecution of offenders.

Section 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 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.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems
attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various
issues and problems attendant to trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action
taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education
and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic
organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic Act No. 8042,
otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons,
and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in
persons which shall form the basis for policy formulation and program direction;
 (k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral
and/or multilateral arrangements to prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry
(DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the
Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into the mainstream of
society, concerned government agencies shall make available the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights and the procedure for filing complaints,
claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the
trafficked persons shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in Distress" and may
avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by Republic Act No.
8042 shall also be extended to trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993, shall be the
operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons insofar as the
promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate agencies, shall have the
primary responsibility for the repatriation of trafficked persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make representation with
the host government for the extension of appropriate residency permits and protection, as may be legally permissible in the host
country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons among
extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to Congress an annual report
of the policies, programs and activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their programs and issue
such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the annual General
Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing rules and regulations
within sixty (60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. - Nothing in this Act shall be
interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law
as guaranteed by the Constitution.

Section 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.
Section 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".

Section 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.
REPUBLIC ACT No. 11165

An Act Institutionalizing Telecommuting as An Alternative Work Arrangement for Employees in the Private Sector

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "Telecommuting Act".

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to affirm labor as a primary social economic force. To
this end, it shall protect the rights of workers and promote their welfare, especially in the light of technological development that has
opened up new and alternative avenues for employees to carry out their work such as telecommuting, and other flexible work
arrangements.

Section 3. Telecommuting Defined. - As used in this Act the term "telecommuting" refers to a work from an alternative workplace
with the use of telecommunications and/or computer technologies.

Section 4. telecommuting Program. - An employer in private sector may offer a telecommuting program to its employees on a
voluntary bases, and upon such terms and conditions as they may mutually agree upon: Provided, That such terms and conditions shall
not be less than the minimum labor standards set by law, and shall include compensable work hours, minimum number of work hours,
overtime, rest days, and entitlement to leave benefits. In all cases, the employer shall provide the telecommuting employee with
relevant written information in order to adequately apprise the individual of the terms and conditions of the telecommuting program,
and the responsibilities of employee.

Section 5. Fair Treatment. - The employer shall ensure that the telecommuting employee are given the same treatment as that of
comparable employees are given the same treatment as that of comparable employees working at the time employer's premises. All
telecommuting employee shall:

(a) Receive a rate of pay, including overtime and night shift differential, and other similar monetary benefits not lower than
those provided in applicable laws, and collective bargaining agreements.

(b) Have the right to rest periods, regular holidays, and special nonworking days.

(c) Have the same or equivalent workload and performance standards as those of comparable workerat the employer's
premises.

(d) Have the same access to training and career development opportunities as those of comparable workers at the employer's
premises, and be subject to the same appraisal policies covering these workers.

(e) Receive appropriate training on the technical equipment at their disposal, and the characteristics and conditions of
telecommuting.

(f) Have the same collectible rights as the workers at the employer's premises, and shall not be barred from communicating
with workers' representatives.1âwphi1

The employer shall also ensure that measures are taken to prevent the telecommuting employee from being isolated from the rest of
the working community in the company by giving the telecommuting employee the opportunity to meet with colleagues on a regular
basis, and opportunity to meet with colleagues on a regular basis, and allowing access to company information.

Section 6. Data Protection. - The employer shall be responsible for taking the appropriate measures to ensure the protection of data
used and processed by the telecommuting employee for professional purposes. The employer shall inform the telecommuting
employee of all relevant laws, and company rules concerning sata protection. The telecommuting employee shall ensure that
confidential and proprietary information are protected at all times.

For this purpose, the provision s of the Data Privacy Act of 2012 shall have suppletory effect.

Section 7. Administration. - The parties to a telecommuting work arrangement shall be primarily responsible for its administration. In
case of differences in interpretation, the following guidelines shall be observed:

(a) The differences shall be treated as grievances under the applicable grievance mechanism of the company.1âwphi1

(b) If there id no grievance mechanism or if the mechanism is inadequate, the grievance shall be referred to the regional
office of the Department of Labor and Employment (DOLE) which has jurisdiction over the workplace for conciliation.

(c) To facilitate the resolution of grievances, employers shall keep and maintain, as part of their records, the documents
proving that the telecommuting work arrangement was voluntarily adopted.

Section 8. Telecommuting Pilot Program. - The DOLE shall establish and maintain a telecommuting pilot program in select industries
which shall last for a period of not more than three (3) years. The said agency shall be responsible for baselining, scoping and
profiling research work prior to implementation, regular quarterly monitoring, and evaluation. At the end of the program, the DOLE
shall submit a report to Congress on its findings.

Section 9. Implementing Rules. - Within sixty (60) days from the effectivity of this Act, the Secretary of Labor and Employment shall
in consultation with the National Tripartite Industrial Peace Council, and relevant stakeholders issue the appropriate implementing
rules and regulations of this Act.
Section 10. Separability Clause. - If any provision or part of this Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected shall remain in full force and effect.

Section 11. Repealing Clause. - All laws, decrees, orders, rules and regulations and other issuances or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Section 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of
general circulation.
REPUBLIC ACT No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or
Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

Section 1. Short Title. -This Act shall be known as the "Safe Spaces Act".

Section 2. Declaration of Policies. -It is the policy of the State to value the dignity of every human person and guarantee full respect
for human rights. It is likewise the policy of the State to recognize the role of women in nation-building and ensure the fundamental
equality before the law of women and men. The State also recognizes that both men and women must have equality, security and
safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions.

Section 3. Definition of Terms. -As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who in exchange for remuneration, agrees to perform specified services for another person,
whether natural or juridical, and whether private or public, who exercises fundamental control over the work, regardless of
the term or duration of agreement: Provided, That for the purposes of this law, a person who is detailed to an entity under a
subcontracting or secondment agreement shall be considered an employee;

(c) Employer refers to a person who exercises control over an employee: Provided, That for the purpose of this Act, the status
or conditions of the latter’s employment or engagement shall be disregarded;

(d) Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the
social behavior of men and women, and the relations between them;

(e) Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to
cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including
unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video and audio
recordings, cyberstalking and online identity theft;

(f) Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by manner of
clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female
identity with physiological characteristics of the opposite sex in which case this person is considered transgender:

(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals,
public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles
covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls,
theaters and spas; and

(h) Stalking refers to conduct directed at a person involving the repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of
others, or to suffer emotional distress.

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES

SEXUAL HARASSMENT

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of gender-based streets and public spaces sexual
harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive
for committing such action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for
personal details, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any
advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and
committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces
sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops,
public markets, transportation terminals or public utility vehicles.

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and
Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public. -Restaurants, bars, cinemas, malls,
buildings and other privately-owned places open to the public shall adopt a zero-tolerance policy against gender-based streets and
public spaces sexual harassment. These establishments are obliged to provide assistance to victims of gender-based sexual harassment
by coordinating with local police authorities immediately after gender-based sexual harassment is reported, making CCTV footage
available when ordered by the court, and providing a safe gender-sensitive environment to encourage victims to report gender-based
sexual harassment at the first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business establishments clearly-visible warning signs
against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number in bold letters, and shall
designate at least one (1) anti-sexual harassment officer to receive gender-based sexual harassment complaints. Security guards in
these places may be deputized to apprehend perpetrators caught in flagrante delicto and are required to immediately coordinate with
local authorities.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the penalties in this Act, the Land
Transportation Office (LTO) may cancel the license of perpetrators found to have committed acts constituting sexual harassment in
public utility vehicles, and the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise
of transportation operators who commit gender-based streets and public spaces sexual harassment acts. Gender-based sexual
harassment in public utility vehicles (PUVs) where the perpetrator is the driver of the vehicle shall also constitute a breach of contract
of carriage, for the purpose of creating a presumption of negligence on the part of the owner or operator of the vehicle in the selection
and supervision of employees and rendering the owner or operator solidarity liable for the offenses of the employee.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. -In case the offense is committed by
a minor, the Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures as provided for
under Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006".

Section 8. Duties of Local Government Units (LGUs). -local government units (LGUs) shall bear primary responsibility in enforcing
the provisions under Article I of this Act. LGUs shall have the following duties:

(a) Pass an ordinance which shall localize the applicability of this Act within sixty (60) days of its effectivity;

(b) Disseminate or post in conspicuous places a copy of this Act and the corresponding ordinance;

(c) Provide measures to prevent gender-based sexual harassment in educational institutions, such as information campaigns
and anti-sexual harassment seminars;

(d) Discourage and impose fines on acts of gender-based sexual harassment as defined in this Act;

(e) Create an anti-sexual harassment hotline; and

(f) Coordinate with the Department of the Interior and Local Government (DILG) on the implementation of this Act.

Section 9. Role of the DILG. -The DILG shall ensure the full implementation of this Act by:

(a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy of this Act and the corresponding
ordinance;

(b) Conducting and disseminating surveys and studies on best practices of LGUs in implementing this Act; and

(c) Providing capacity-building and training activities to build the capability of local government officials to implement this
Act in coordination with the Philippine Commission on Women (PCW). the Local Government Academy (LGA) and the
Development Academy of the Philippines (DAP).

Section 10. Implementing Bodies for Gender-Based Sexual Harassment in Streets and Public Spaces. -The Metro Manila
Development Authority (MMDA), the local units of the Philippine National Police (PNP) for other provinces, and the Women and
Children’s Protection Desk (WCPD) of the PNP shall have the authority to apprehend perpetrators and enforce the
law: Provided, That they have undergone prior Gender Sensitivity Training (GST). The PCW. DILG and Department of Information
and Communications Technology (DICT) shall be the national bodies responsible for overseeing the implementation of this Act and
formulating policies that will ensure the strict implementation of this Act.

For gender-based streets and public spaces sexual harassment, the MMDA and the local units of the PNP for the provinces shall
deputize its enforcers to be Anti-Sexual Harassment Enforcers (ASHE). They shall be deputized to receive complaints on the street
and immediately apprehend a perpetrator if caught in flagrante delicto. The perpetrator shall be immediately brought to the nearest
PNP station to face charges of the offense committed. The ASHE unit together with the Women’s and Children’s Desk of PNP
stations shall keep a ledger of perpetrators who have committed acts prohibited under this Act for purposes of determining if a
perpetrator is a first-time, second-time or third-time offender. The DILG shall also ensure that all local government bodies expedite
the receipt and processing of complaints by setting up an Anti-Sexual Harassment Desk in all barangay and city halls and to ensure the
set-up of CCTVs in major roads, alleys and sidewalks in their respective areas to aid in the filing of cases and gathering of evidence.
The DILG, the DSWD in coordination with the Department of Health (DOH) and the PCW shall coordinate if necessary to ensure that
victims are provided the proper psychological counseling support services.

Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. -The following acts are
unlawful and shall be penalized as follows:

(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations,
misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless
requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or
actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist,
homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and
demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of
personal safety –

(1) The first offense shall be punished by a fine of One thousand pesos (₱1,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in
coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos
(₱3,000.00);
 (3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos
(₱10,000.00).

(b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual gratification of the
perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended party including flashing of
private parts, public masturbation, groping, and similar lewd sexual actions –

(1) The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in
coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos
(₱15,000.00);

(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of Twenty
thousand pesos (₱20,000.00).

(c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when accompanied by
touching, pinching or brushing against the body of the offended person; or any touching, pinching, or brushing against the
genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when not
accompanied by acts mentioned in Section 11 paragraphs (a) and (b) –

(1) The first offense shall be punished by arresto rnenor (11 to 30 days) or a line of Thirty thousand pesos
(₱30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in
coordination with the LGU and the PCW;

(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty
thousand pesos (₱50,000.00);

(3) The third offense shall be punished by arresto mayor in its maximum period or a fine of One hundred thousand
pesos (₱100,000.00).

ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT

Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual harassment includes acts that use information and
communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted
sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private
messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of
the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any
of the victim’s photos, videos, or any information online, impersonating identities of victims online or posting lies about victims to
harm their reputation, or filing, false abuse reports to online platforms to silence victims.

Section 13. Implementing Bodies for Gender-Based Online Sexual Harassment. -For gender-based online sexual harassment, the PNP
Anti-Cybercrime Group (PNPACG) as the National Operational Support Unit of the PNP is primarily responsible for the
implementation of pertinent Philippine laws on cybercrime, shall receive complaints of gender-based online sexual harassment and
develop an online mechanism for reporting real-time gender-based online sexual harassment acts and apprehend
perpetrators.1âшphi1 The Cybercrime Investigation and Coordinating Center (CICC) of the DICT shall also coordinate with the
PNPACG to prepare appropriate and effective measures to monitor and penalize gender-based online sexual harassment.

Section 14. Penalties for Gender-Based Online Sexual Harassment. -The penalty of prision correccional in its medium period or a
fine of not less than One hundred thousand pesos (₱100,000.00) but not more than Five hundred thousand pesos (₱500,000.00), or
both, at the discretion of the court shall be imposed upon any person found guilty of any gender-based online sexual harassment.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall be
the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the
case of broadcast media. An alien who commits gender-based online sexual harassment shall be subject to deportation proceedings
after serving sentence and payment of fines.

Exemption to acts constitutive and penalized as gender-based online sexual harassment are authorized written orders of the court for
any peace officer to use online records or any copy thereof as evidence in any civil, criminal investigation or trial of the
crime: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses may produce, and upon showing that there are reasonable grounds to believe that
gender-based online sexual harassment has been committed or is about to be committed, and that the evidence to be obtained is
essential to the conviction of any person for, or to the solution or prevention of such crime.

Any record, photo or video, or copy thereof of any person that is in violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES

AND ONLINE SEXUAL HARASSMENT

Section 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The penalty next higher in degree will be
applied in the following cases:
 (a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis, tricycles, or app-based
transport network vehicle services, where the perpetrator is the driver of the vehicle and the offended party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her
child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed Forces of the Philippines (AFP),
and the act was perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering frontline services to the public and the perpetrator is
a government employee.

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based sexual harassment in the workplace
includes the following:

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of
sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail
or through any other forms of information and communication systems, that has or could have a detrimental effect on the
conditions of an individual’s employment or education, job performance or opportunities;

(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome,
unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and communication systems;

(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the
recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those
committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and

(d) Information and communication system refers to a system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents and includes the computer system or other similar devices by or
in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or
electronic documents.

Section 17. Duties of Employers. -Employers or other persons of authority, influence or moral ascendancy in a workplace shall have
the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Towards this end,
the employer or person of authority, influence or moral ascendancy shall:

(a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace;

(b) Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual
harassment seminars;

(c) Create an independent internal mechanism or a committee on decorum and investigation to investigate and address
complaints of gender-based sexual harassment which shall:

(1) Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees,
and the union, if any;

(2) Designate a woman as its head and not less than half of its members should be women;

(3) Be composed of members who should be impartial and not connected or related to the alleged perpetrator;

(4) Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;

(5) Observe due process;

(6) Protect the complainant from retaliation; and

(7) Guarantee confidentiality to the greatest extent possible;

(d) Provide and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which
shall:

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Describe the procedures of the internal mechanism created under Section 17(c) of this Act; and

(3) Set administrative penalties.

Section 18. Duties of Employees and Co-Workers. -Employees and co-workers shall have the duty to:
 (a) Refrain from committing acts of gender-based sexual harassment;

(b) Discourage the conduct of gander-based sexual harassment in the workplace;

(c) Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-
based sexual harassment; and

(d) Report acts of gender-based sexual harassment witnessed in the workplace.

Section 19. Liability of Employers.— In addition to liabilities for committing acts of gender-based sexual harassment, employers may
also be held responsible for:

(a) Non-implementation of their duties under Section 17 of this Act, as provided in the penal provisions; or

(b) Not taking action on reported acts of gender-based sexual harassment committed in the workplace.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five thousand
pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten thousand
pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).

Section 20. Routine Inspection. -The Department of Labor and Employment (DOLE) for the private sector and the Civil Service
Commission (CSC) for the public sector shall conduct yearly spontaneous inspections to ensure compliance of employers and
employees with their obligations under this Act.

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS

Section 21. Gender-Based Sexual Harassment in Educational and Training Institutions.— All schools, whether public or private,
shall designate an officer-in-charge to receive complaints regarding violations of this Act, and shall, ensure that the victims are
provided with a gender-sensitive environment that is both respectful to the victims’ needs and conducive to truth-telling.

Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members. Even
if an individual does not want to file a complaint or does not request that the school take any action on behalf of a student or faculty
member and school authorities have knowledge or reasonably know about a possible or impending act of gender-based sexual
harassment or sexual violence, the school should promptly investigate to determine the veracity of such information or knowledge and
the circumstances under which the act of gender-based sexual harassment or sexual violence were committed, and take appropriate
steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual harassment or sexual
violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts,
prevent their recurrence, and address their effects.

Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue
an expulsion order.

The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based sexual harassment
and online sexual harassment in accordance with the rules and procedures contained in their CODI manual.

Section 22. Duties of School Heads. -School heads shall have the following duties:

(a) Disseminate or post a copy of this Act in a conspicuous place in the educational institution;

(b) Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns;

(c) Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based sexual
harassment which shall:

(1) Adequately represent the school administration, the trainers, instructors, professors or coaches and students or
trainees, students and parents, as the case may be;

(2) Designate a woman as its head and not less than half of its members should be women;

(3) Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as
far as practicable;

(4) Be composed of members who should be impartial and not connected or related to the alleged perpetrator;

(5) Investigate and decide on complaints within ten (10) days or less upon receipt, thereof;

(6) Observe due process;

(7) Protect the complainant from retaliation; and

(8) Guarantee confidentiality to the greatest extent possible.

 (d) Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or school policy
which shall:

(1) Expressly reiterate the prohibition on gender-based sexual harassment;

(2) Prescribe the procedures of the internal mechanism created under this Act; and

(3) Set administrative penalties.

Section 23. Liability of School Heads.— In addition to liability for committing acts of gender-based sexual harassment, principals,
school heads, teachers, instructors, professors, coaches, trainers, or any odier person who has authority, influence or moral ascendancy
over another in an educational or training institution may also be held responsible for:

(a) Non-implementation of their duties under Section 22 of this Act, as provided in the penal provisions; or

(b) Failure to act on reported acts of gender-based sexual harassment committed in the educational institution.

Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than Five thousand
pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than Ten thousand
pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).

Section 24. Liability of Students.— Minor students who are found to have committed acts of gender-based sexual harassment shall
only be held liable for administrative sanctions by the school as stated in their school handbook.

Section 25. Routine Inspection.— The Department of Education (DepEd), the Commission on Higher Education (CHED), and the
Technical Education and Skills Development Authority (TESDA) shall conduct regular spontaneous inspections to ensure compliance
of school heads with their obligations under this Act.

ARTICLE VI
COMMON PROVISIONS

Section 26. Confidentiality.— At any stage of the investigation, prosecution and trial of an offense under this Act, the rights of the
victim and the accused who is a minor shall be recognized.

Section 27. Restraining Order.— Where appropriate, the court, even before rendering a final decision, may issue an order directing
the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the residence, school,
place of employment, or any specified place frequented by the offended person.

Section 28. Remedies and Psychological Counselling.— A victim of gender-based street, public spaces or online sexual harassment
may avail of appropriate remedies as provided for under the law as well as psychological counselling services with the aid of the LGU
and the DSWD, in coordination with the DOH and the PCW. Any fees to be charged in the course of a victim’s availment of such
remedies or psychological counselling services shall be borne by the perpetrator.

Section 29. Administrative Sanctions.— Above penalties are without prejudice to any administrative sanctions that may be imposed if
the perpetrator is a government employee.

Section 30. Imposition of Heavier Penalties.— Nothing in this Act shall prevent LGUs from coming up with ordinances that impose
heavier penalties for the acts specified herein.

Section 31. Exemptions.— Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public
shall not be penalized.

ARTICLE VII
FINAL PROVISIONS

Section 32. PNP Women and Children’s Desks.— The women and children’s desks now existing in all police stations shall act on and
attend to all complaints covered under this Act. They shall coordinate with ASHE officers on the street, security guards in privately-
owned spaces open to the public, and anti-sexual harassment officers in government and private offices or schools in the enforcement
of the provisions of this Act.

Section 33. Educational Modules and Awareness Campaigns.— The PCW shall take the lead in a national campaign for the
awareness of the law. The PCW shall work hand-in-hand with the DILG and duly accredited women’s groups to ensure all LGUs
participate in a sustained information campaign and the DICT to ensure an online campaign that reaches a wide audience of Filipino
internet-users. Campaign materials may include posters condemning different forms of gender-based sexual harassment, informing the
public of penalties for committing gender-based sexual harassment, and infographics of hotline numbers of authorities.

All schools shall educate students from the elementary to tertiary level about the provisions of this Act and how they can report cases
of gender-based streets, public spaces and online sexual harassment committed against them. School courses shall include age-
appropriate educational modules against gender-based streets, public spaces and online sexual harassment which shall be developed
by the DepEd, the CHED, the TESDA and the PCW.

Section 34. Safety Audits. -LGUs are required to conduct safety audits every three (3) years to assess the efficiency and effectivity of
the implementation of this Act within their jurisdiction. Such audits shall be multisectoral and participatory, with consultations
undertaken with schools, police officers, and civil society organizations.
Section 35. Appropriations.— Such amounts as may be necessary for the implementation of this Act shall be indicated under the
annual General Appropriations Act (GAA). National and local government agencies shall be authorized to utilize their mandatory
Gender and Development (GAD) budget, as provided under Republic Act No. 9710, otherwise known as "The Magna Carta of
Women" for this purpose. In addition, LGUs may also use their mandatory twenty percent (20%) allocation of them annual internal
revenue allotments for local development projects as provided under Section 287 of Republic Act No. 7160, otherwise known as the
"Local Government Code of 1991".

Section 36. Prescriptive Period.— Any action arising from the violation of any of the provisions of this Act shall prescribe as follows:

(a) Offenses committed under Section 11(a) of this Act shall prescribe in one (1) year;

(b) Offenses committed under Section 11(b) of this Act shall prescribe in three (3) years;

(c) Offenses committed under Section 11(c) of this Act shall prescribe in ten (10) years;

(d) Offenses committed under Section 12 of this Act shall be imprescriptible; and

(e) Offenses committed under Sections 16 and 21 of this Act shall prescribe in five (5) years.

Section 37. Joint Congressional Oversight Committee.— There is hereby created a Joint Congressional Oversight Committee to
monitor the implementation of this Act and to review the implementing rules and regulations promulgated. The Committee shall be
composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Senate Committee on Women,
Children. Family Relations and Gender Equality and the House Committee on Women and Gender Equality.

Section 38. Implementing Rules and Regulations (IRR).— Within ninety (90) days from the effectivity of this Act, the PCW as the
lead agency, in coordination with the DILG, the DSWD, the PNP, the Commission on Human Rights (CHR), the DOH, the DOLE, the
DepEd, the CHED, the DICT, the TESDA, the MMDA, the LTO, and at least three (3) women’s organizations active on the issues of
gender-based violence, shall formulate the implementing rules and regulations (IRR) of this Act.

Section 39. Separability Clause.— If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not
affected thereby shall remain valid and subsisting.

Section 40. 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.

Section 41. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any two (2)
newspapers of general circulation in the Philippines.
REPUBLIC ACT No. 6971             November 22, 1990

AN ACT TO ENCOURAGE PRODUCTIVITY AND MAINTAIN INDUSTRIAL PEACE BY PROVIDING INCENTIVES

TO BOTH LABOR AND CAPITAL

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 "Productivity Incentives Act of 1990".

Section 2. Declaration of Policy. - It is the declared policy of the State to encourage higher levels of productivity, maintain industrial
peace and harmony and promote the principle of shared responsibility in the relations between workers and employers, recognizing
the right of labor to its just share in the fruits of production and the right of business enterprises to reasonable returns on investments
and to expansion and growth, and accordingly to provide corresponding incentives to both labor and capital for undertaking voluntary
programs to ensure greater sharing by the workers in the fruits of their labor.

Section 3. Coverage. - This Act shall apply to all business enterprises with or without existing and duly recognized or certified labor
organizations, including government-owned and controlled corporations performing proprietary functions. It shall cover all employees
and workers including casual, regular, supervisory and managerial employees.

Section 4. Definition of Terms. - As used in this Act:

a) "Business Enterprise" refers to industrial, agricultural, or agro-industrial establishments engaged in the production
manufacturing, processing, repacking, or assembly of goods, including service-oriented enterprises, duly certified as such by
appropriate government agencies.

b) "Labor-Management Committee" refers to a negotiating body in a business enterprise composed of the representatives of
labor and management created to establish a productivity incentives program, and to settle disputes arising therefrom in
accordance with Section 9 hereof.

c) "Productivity Incentives Program" refers to a formal agreement established by the labor-management committee
containing a process that will promote gainful employment, improve working conditions and result in increased productivity,
including cost savings, whereby the employees are granted salary bonuses proportionate to increases in current productivity
over the average for the preceding three (3) consecutive years. The agreement shall be ratified by at least a majority of the
employees who have rendered at least six (6) months of continuous service.

Section 5. Labor-Management Committee. - a) A business enterprise or its employees, through their authorized representatives, may
initiate the formation of a labor-management committee that shall be composed of an equal number of representatives from the
management and from the rank-and-file employees: Provided, That both management and labor shall have equal voting rights:
Provided, further, That at the request of any party to the negotiation, the National Wages and Productivity Commission of the
Department of Labor and Employment shall provide the necessary studies, technical information and assistance, and expert advice to
enable the parties to conclude productivity agreements.

b) In business enterprises with duly recognized or certified labor organizations, the representatives of labor shall be those designated
by the collective bargaining agent(s) of the bargaining unit(s).

c) In business enterprises without duly recognized or certified labor organizations, the representatives of labor shall be elected by at
least a majority of all rank-and-file employees who have rendered at least six (6) months of continuous service.

Section 6. Productivity Incentives Program. -

a) The productivity incentives program shall contain provisions for the manner of sharing and the factors in determining
productivity bonuses: Provided, That the productivity bonuses granted to labor under this program shall not be less than half
of the percentage increase in the productivity of the business enterprise.

b) Productivity agreements reached by the parties as provided in this Act supplement existing collective bargaining
agreements.

c) If, during the existence of the productivity incentives program or agreement, the employees will join or form a union, such
program or agreement may, in addition to the terms and conditions agreed upon by labor and management, be integrated in
the collective bargaining agreement that may be entered into between them.

Section 7. Benefits and Tax Incentives. - (a) Subject to the provisions of Section 6 hereof, a business enterprise which adopts a
productivity incentives program, duly and mutually agreed upon by parties to the labor-management committee, shall be granted a
special deduction from gross income equivalent to fifty percent (50%) of the total productivity bonuses given to employees under the
program over and above the total allowable ordinary and necessary business deductions for said bonuses under the National Internal
Revenue Code, as amended.

b) Grants for manpower training and special studies given to rank-and-file employees pursuant to a program prepared by the labor-
management committee for the development of skills identified as necessary by the appropriate government agencies shall also entitle
the business enterprise to a special deduction from gross income equivalent to fifty per cent (50%) of the total grants over and above
the allowable ordinary and necessary business deductions for said grants under the National Internal Revenue Code, as amended.

c) Any strike or lockout arising from any violation of the productivity incentives program shall suspend the effectivity thereof pending
settlement of such strike or lockout: Provided, That the business enterprise shall not be deemed to have forfeited any tax incentives
accrued prior to the date of occurrence of such strike or lockout, and the workers shall not be required to reimburse the productivity
bonuses already granted to them under the productivity incentives program. Likewise, bonuses which have already accrued before the
strike or lockout shall be paid the workers within six (6) months from their accrual.
d) Bonuses provided for under the productivity incentives program shall be given to the employees not later than every six (6) months
from the start of such program over and above existing bonuses granted by the business enterprise and by law: Provided, That the said
bonuses shall not be deemed as salary increases due the employees and workers.

e) The special deductions from gross income provided for herein shall be allowed starting the next taxable year after the effectivity of
this Act.

Section 8. Notification. - A business enterprise which adopts a productivity incentives program shall submit copies of the same to the
National Wages and Productivity Commission and to the Bureau of Internal Revenue for their information and record.

Section 9. Disputes and Grievances. - Whenever disputes, grievances, or other matters arise from the interpretation or implementation
of the productivity incentives program, the labor-management committee shall meet to resolve the dispute, and may seek the
assistance of the National Conciliation and Mediation Board of the Department of Labor and Employment for such purpose. Any
dispute which remains unresolved within twenty (20) days from the time of its submission to the labor-management committee shall
be submitted for voluntary arbitration in line with the pertinent of the Labor Code, as amended.

The productivity incentives program shall include the name(s) of the voluntary arbitrator or panel of voluntary arbitrators previously
chosen and agreed upon by the labor-management committee.

Section 10. Rule Making Power. - The Secretary of Labor and Employment and the Secretary of Finance, after due notice and
hearing, shall jointly promulgate and issue within six (6) months from the effectivity of this Act such rules and regulations as are
necessary to carry out the provisions hereof.

Section 11. Penalty. - Any person who shall make any fraudulent claim under this Act, regardless of whether or not a tax benefit has
been granted, shall upon conviction be punished with imprisonment of not less than six (6) months but not more than one (1) year or a
fine of not less than two thousand pesos (P2,000.00) but not more than six thousand pesos (P6,000.00), or both, at the discretion of the
Court, without prejudice to prosecution for any other acts punishable under existing laws.

In case of partnerships or corporations, the penalty shall be imposed upon the officer(s) or employee(s) who knowingly approved,
authorized or ratified the filing of the fraudulent claim, and other persons responsible therefor.

Section 12. Non-Diminution of Benefits. - Nothing in this Act shall be construed to diminish or reduced any benefits and other
privileges enjoyed by the workers under existing laws, decrees, executive orders, company policy or practice, or any agreement or
contract between the employer and employees.

Section 13. Separability Clause. - If any provision of this Act is held invalid, any other provision not so affected shall continue to be
valid and effective.

Section 14. Repealing Clause. - Any law, presidential decree, executive order, and letter of instruction, or any part thereof, which is
inconsistent with any of the provisions of this Act is hereby repealed or amended accordingly.

Section 15. Effectivity Clause. - 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.
REPUBLIC ACT No. 11223

An Act Instituting Universal Health Care for All Filipinos, Prescribing Reforms in the Health Care System, and
Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

CHAPTER 1

GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Universal Health Care Act".

Section 2. Declaration of Principles and Policies. - It is the policy of the State to protect and promote the right to health of all
Filipinos and instill health consciousness among them. Towards this end, the State shall adopt:

(a) An integrated and comprehensive approach to ensure that all Filipinos are health literate, provided with healthy living
conditions, and protected from hazards and risks that could affect their health;

(b) A health care model that provides all Filipinos access to a comprehensive set of quality and cost-effective, promotive,
preventive, curative, rehabilitative and palliative health services without causing financial hardship,, and prioritizes the needs
of the population who cannot afford such services;

(c) A framework that fosters a whole-of-system, whole-of-government, and whole-of-society approach in the development,
implementation, monitoring, and evaluation of health policies, programs and plans; and

(d) A people-oriented approach for the delivery of health services that is centered on people’s needs and well-being, and
cognizant of the differences in culture, values, and beliefs.

Section 3. General Objectives. - This Act seeks to:

(a) Progressively realize universal health care in the country through a systemic approach and clear delineation of roles of
key agencies and stakeholders towards better performance in the health system; and

(b) Ensure that all Filipinos are guaranteed equitable access to quality and affordable health care goods and services, and
protected against financial risk.

Section 4. Definition of Terms. - As used in this Act:

(a) Abuse of authority refers to an act of a person performing a duty or function that goes beyond what is authorized by this
Act and Republic Act No. 7875, otherwise known as the "National Health Insurance Act of 1995", as amended, or their
implementing rules and regulations (IRR), and is inimical to the public;

(b) Amenities refer to features of the health service that provide comfort or convenience, such as private accommodation, air
conditioning, telephone, television, and choice of meals, among others;

(c) Basic or ward accommodation refers to the provision of regular meal, bed in shared room, fan ventilation, and shared
toilet and bath;

(d) Co-insurance refers to a percentage of a medical charge that is paid by the insured, with the rest paid by the health
insurance plan;

(e) Co-payment refers to a flat fee or predetermined rate paid at point of service;

(f) Direct contributors refer to those who have the capacity to pay premiums, are gainfully employed and are bound by an
employer-employee relationship, or are self-earning, professional practitioners, migrant workers, including their qualified
dependents, and lifetime members;

(g) Emergency refers to a condition or state of a patient wherein based on the objective findings of a prudent medical officer
on duty, there is immediate danger and where delay in initial support and treatment may cause loss of life or permanent
disability to the patient, or in the case of a pregnant woman, permanent injury or loss of her unborn child, or a non-
institutional delivery;

(h) Entitlement refers to any singular or package of health services provided to Filipinos for the purpose of improving health;

(i) Essential health benefit package refers to a set of individual-based entitlements covered by the National Health Insurance
Program (NHIP) which includes primary care; medicines, diagnostics and laboratory; and preventive, curative, and
rehabilitative services;
 (j) Fraudulent act refers to any act of misrepresentation or deception resulting in undue benefit or advantage on the part of the
doer or any means that deviate from normal procedure and is undertaken for personal gam, resulting thereafter to damage and
prejudice which may be capable of pecuniary estimation;

(k) Health care provider refers to any of the following:

(1) A health facility which may be public or private, devoted primarily to the provision of services for health
promotion, prevention, diagnosis, treatment, rehabilitation and palliation of individuals suffering from illness,
disease, injury, disability, or deformity, or in need of obstetrical or other medical and nursing care;

(2) A health care professional who may be a doctor of medicine, nurse, midwife, dentist, or other allied professional
or practitioner duly licensed to practice in the Philippines;

(3) A community-based health care organization, which is an association of members of the community organized
for the purpose of improving the health status of that community; or

(4) Pharmacies or drug outlets, laboratories and diagnostic clinics.

(l) Health care provider network refers to a group of primary to tertiary care providers, whether public or private, offering
people-centered and comprehensive care in an integrated and coordinated manner with the primary care provider acting as
the navigator and coordinator of health care within the network;

(m) Health Maintenance Organization (HMO) refers to an entity that provides, offers, or covers designated health services for
its plan holders or members for a fixed prepaid premium;

(n) Health Technology Assessment (HTA) refers to the systematic evaluation of properties, effects, or impact of health-
related technologies, devices, medicines, vaccines, procedures and all other health-related systems developed to solve a
health problem and improve quality of lives and health outcomes, utilizing a multidisciplinary process to evaluate the social,
economic, organizational, and ethical issues of a health intervention or health technology;

(o) Indirect contributors refer to all others not included as direct contributors, as well as their qualified dependents, whose
premium shall be subsidized by the national government including those who are subsidized as a result of special laws;

(p) Individual-based health services refer to services which can be accessed within a health facility or remotely that can be
definitively traced back to one (1) recipient, has limited effect at a population level and does not alter the underlying cause of
illness such as ambulatory and inpatient care, medicines, laboratory tests and procedures, among others;

(q) Population-based health services refer to interventions such as health promotion, disease surveillance, and vector control,
which have population groups as recipients;

(r) Primary care refers to initial-contact, accessible, continuous, comprehensive and coordinated care that is accessible at the
time of need including a range of services for all presenting conditions, and the ability to coordinate referrals to other health
care providers in the health care delivery system, when necessary;

(s) Primary care provider refers to a health care worker, with defined competencies, who has received certification in primary
care as determined by the Department of Health (DOH) or any health institution that is licensed and certified by the DOH;

(t) Private health insurance refers to coverage of a defined set of health services financed through private payments in the
form of a premium to the insurer; and

(u) Unethical act refers to any action, scheme or ploy against the NHIP, such as overbilling, upcasing, harboring ghost
patients or recruitment practice, or any act contrary to the Code of Ethics of the responsible persons profession or practice, or
other similar, analogous acts that put or tend to put in disrepute the integrity and effective implementation of the NHIP.

CHAPTER II
UNIVERSAL HEALTH CARE (UHC)

Section 5. Population Coverage. - Every Filipino citizen shall be automatically included into the NHIP, hereinafter referred to as the
Program.

Section 6. Service Coverage. -

(a) Every Filipino shall be granted immediate eligibility and access to preventive, promotive, curative, rehabilitative, and
palliative care for medical, dental, mental and emergency health services, delivered either as population-based or individual-
based health services: Provided, That the goods and services to be included shall be determined through a fair and transparent
HTA process;

(b) Within two (2) years from the effectivity of this Act, PhilHealth shall implement a comprehensive outpatient benefit,
including outpatient drug benefit and emergency medical services in accordance with the recommendations of the Health
Technology Assessment Council (HTAC) created under Section 34 hereof;

(c) The DOH and the local government units (LGUs) shall endeavor to provide a health care delivery system that will afford
every Filipino a primary care provider that would act as the navigator, coordinator, and initial and continuing point of contact
in the health care delivery system: Provided, That except in emergency or serious cases and when proximity is a concern,
access to higher levels of care shall be coordinated by the primary care provider; and
 (d) Every Filipino shall register with a public or private primary care provider of choice. The DOH shall promulgate the
guidelines on the licensing of primary care providers and the registration of every Filipino to a primary care provider.

Section 7. Financial Coverage. -

(a) Population-based health services shall be financed by the National Government through the DOH and provided free of
charge at point of service for all Filipinos.

The National Government shall support LGUs in the financing of capital investments and provision of population-based
interventions.

(b) Individual-based health services shall be financed primarily through prepayment mechanisms such as social health
insurance, private health insurance, and HMO plans to ensure predictability of health expenditures.

CHAPTER III
NATIONAL HEALTH INSURANCE PROGRAM

Section 8. Program Membership. - Membership into the Program shall be simplified into two (2) types, direct contributors and
indirect contributors, as defined in Section 4 of this Act.

Section 9. Entitlement to Benefits. - Every member shall be granted immediate eligibility for health benefit package under the
Program: Provided, That PhilHealth Identification Card shall not be required in the availment of any health service: Provided,
further, That no co-payment shall be charged for services rendered in basic or ward accommodation: Provided, furthermore, That co-
payments and co-insurance for amenities in public hospitals shall be regulated by the DOH and PhilHealth: Provided, finally, That the
current PhilHealth package for members shall not be reduced.

PhilHealth shall provide additional Program benefits for direct contributors, where applicable: Provided, That failure to pay premiums
shall not prevent the enjoyment of any Program benefits: Provided, further, That employers and self-employed direct contributors
shall be required to pay all missed contributions with an interest, compounded monthly, of at least three percent (3%) for employers
and not exceeding one and one-half percent (1.5%) for self-earning, professional practitioners, and migrant workers.

Section 10. Premium Contributions. - For direct contributors, premium rates shall be in accordance with the following schedule, and
monthly income floor and ceiling:

Year Premium Rate Income Floor Income Ceiling

2019 2.75% ₱10,000.00 ₱50.000.00
2020 3.00 % ₱10,000.00 ₱60,000.00
2021 3.50% ₱10,000.00 ₱70,000.00
2022 4.00 % ₱10,000.00 ₱80,000.00
2023 4.50 % ₱10,000.00 ₱90,000.00
2024 5.00 % ₱10,000.00 ₱100,000.00
2025 5.00 % ₱10,000.00 ₱100,000.00

Provided, That for indirect contributors, premium subsidy shall be gradually adjusted and included annually in the General
Appropriations Act (GAA): Provided, further, That the funds shall be released to PhilHealth: Provided, furthermore; That the DOH, in
coordination with PhilHealth, may request Congress to appropriate supplemental funding to meet targeted milestones of this
Act: Provided, finally, That for every increase in the rate of contribution of direct contributors and premium subsidy of indirect
contributors, PhilHealth shall provide for a corresponding increase in benefits.

Section 11. Program Reserve Funds.— PhilHealth shall set aside a portion of its accumulated revenues not needed to meet the cost of
the current year’s expenditures as reserve funds: Provided, That the total amount of reserves shall not exceed a ceiling equivalent to
the amount actuarially estimated for two (2) years’ projected Program expenditures: Provided, further, That whenever actual reserves
exceed the required ceiling at the end of the fiscal year, the excess of the PhilHealth reserve fund shall be used to increase the
Program’s benefits and to decrease the amount of members’ contributions.

Any unused portion of the reserve fund that is not needed to meet the current expenditure obligations or support the abovementioned
programs shall be placed in investments to earn an average annual income at prevailing rates of interest and shall be referred to as the
Investment Reserve Fund. The Investment Reserve Fund shall be invested in any or all of the following:

(a) In interest-bearing bonds, securities or other evidences of indebtedness of the Government of the
Philippines: Provided, That such investment shall be at least fifty percent (50%) of the reserve fund;

(b) In debt securities and corporate bonds of prime or solvent corporations created or existing under the laws of the
Philippines: Provided, That the issuing or its predecessor entity shall not have defaulted in the payment of interest on any of
its securities: Provided, further, That the securities are issued by companies with high growth opportunities and earnings
potentials: Provided, finally, That such investment shall not exceed thirty percent (30%) of the reserve fund;

(c) In interest-bearing deposits and loans to or securities in any domestic bank doing business in the
Philippines: Provided, That in the case of such deposits, this shall not exceed at any time the unimpaired capital and surplus
or total private deposits of the depository bank, whichever is smaller: Provided, further, That the bank shall have been
designated as a depository for this purpose by the Monetary Board of the Bangko Sentral ng Pilipinas;
 (d) In preferred stocks of any solvent corporation or institution created or existing under the laws of the Philippines listed in
the stock exchange with proven track record or profitability over the last three (3) years and payment of dividends for a
period of at least three (3) years immediately preceding the date of investment in such preferred stocks;

(e) In common stocks of any solvent corporation or institution created or existing under the laws of the Philippines listed in
the stock exchange with high growth opportunities and earnings potentials;

(f) In bonds, securities, promissory notes, or other evidences of indebtedness of accredited and financially sound medical
institutions exclusively to finance the construction, improvement and maintenance of hospitals and other medical
facilities: Provided, That such securities and instruments shall be guaranteed by the Republic of the Philippines or the issuing
medical institution and the issued securities are both rated triple ‘A’ by authorized accredited domestic rating
agencies: Provided, further, That said investments shall not exceed ten percent (10%) of the total reserve fund; and

(g) In debt instruments and other securities traded in the secondary markets with the same intrinsic quality as those
enumerated in paragraphs (a) to (e) hereof, subject to the approval of the PhilHealth Board.

No portion of the reserve fund or income thereof shall accrue to the general fund of the National Government or to any of its agencies
or instrumentalities, including government-owned or -controlled corporations.

As part of its investments operations, PhilHealth may hire institutions with valid trust licenses as its external local fund managers to
manage the reserve fund, as it may deem appropriate, through public bidding. The fund manager shall submit an annual report on
investment performance to PhilHealth.

The PhilHealth shall set up the following funds:

(1) A fund to secure benefit payouts to members prior to their becoming lifetime members;

(2) A fund to secure payouts to lifetime members; and

(3) A fund for optional supplemental benefits that are subject to additional contributions.

A portion of each of the above funds shall be identified as current and kept in liquid instruments. In no case shall said portion be
considered part of invested assets.

The PhilHealth shall allocate a portion of all contributions to the fund for lifetime members based on an allocation to be determined by
the PhilHealth actuary based on a pre-determined percentage using the current average age of members and the current life expectancy
and morbidity curve of Filipinos.

The PhilHealth shall manage the supplemental benefits and the lifetime members’ fund in an actuarially sound manner.

The PhilHealth shall manage the supplemental benefits fund to the minimum required to ensure that the supplemental benefit
payments are secure.

Section 12. Administrative Expense. - No more than seven and one-half percent (7.5%) of the actual total premium collected from
direct and indirect contributory members during the immediately preceding year shall be allotted for the administrative cost of
implementing the Program.

Section 13. PhilHealth Board of Directors. -

(a) The PhilHealth Board of Directors, hereinafter referred to as the Board, is hereby reconstituted to have a maximum of
thirteen (13) members, consisting of the following: (1) five (5) ex officio members, namely: the Secretary of Health,
Secretary of Social Welfare and Development, Secretary of Budget and Management, Secretary of Finance, Secretary of
Labor and Employment; (2) three (3) expert panel members with expertise in public health, management, finance, and health
economics; and (3) five (5) sectoral panel members, representing the direct contributors, indirect contributors, employers
group, health care providers to be endorsed by their national associations of health care institutions and health care
professionals, and representative of the elected local chief executives to be endorsed by the League of Provinces of the
Philippines, League of Cities of the Philippines and League of Municipalities of the Philippines: Provided, That at least one
(1) of the expert panel members and at least two (2) of the sectoral panel members are women.

The sectoral and expert panel members must be Filipino citizens and of good moral character.

The expert panel members must: (i) be of recognized probity and independence and must have distinguished themselves
professionally in public, civic or academic service; (ii) be in the active practice of their professions for at least seven (7)
years; and (iii) not be appointed within one (1) year after losing in the immediately preceding elections, whether regular or
special.

(b) The Secretary of Health shall be an ex officio nonvoting Chairperson of the Board.

(c) All appointive members of the Board shall be required to undergo training in health care financing, health systems,
costing health services and HTA prior to the start of their term. Noncompliance shall be a ground for dismissal.

Within thirty (30) days following the effectivity of this Act, the Governance Commission for Government-Owned or -Controlled
Corporations (GCG) shall, in accordance with the provisions of Republic Act No. 10149, promulgate the nomination and selection
process for appointive members of the Board with a clear set of qualifications, credentials, and recommendation from the concerned
sectors.
Section 14. President and Chief Executive Officer (CEO) of PhilHealth. - Upon the recommendation of the Board, the President of the
Philippines shall appoint the President and CEO of PhilHealth from the Board’s non-ex officio members: Provided, That the Board
cannot recommend a President and CEO of PhilHealth unless the member is a Filipino citizen and must have at least seven (7) years
of experience in the field of public health, management, finance, and health economics or a combination of any of these expertise.

Section 15. PhilHealth Personnel as Public Health Workers. - All PhilHealth personnel shall be classified as public health workers in
accordance with the pertinent provisions under Republic Act No. 7305, also known as the Magna Carta of Public Health Workers.

Section 16. Additional Powers and Functions of PhilHealth. -

(a) To fix the reasonable compensation, allowances and other benefits of all positions, including its President and CEO, based
on a comprehensive job analysis and audit of actual duties and responsibilities, subject to the approval of the President of the
Philippines. The compensation plan shall be comparable with government social security institutions and shall be subject to
periodic review by the Board no more than once every four (4) years without prejudice to merit reviews or increases based on
productivity and efficiency;

(b) To establish the organizational structure and staffing pattern of PhilHealth’s central and regional offices to cover as many
provinces, cities and legislative districts, including foreign countries, whenever and wherever it may be expedient, necessary
and feasible and to inspect or cause to be inspected periodically such offices, subject to the approval by the Board;

(c) To maintain a Provident Fund which consists of contributions made by both PhilHealth and its officials and employees
and earnings thereon, for the payment of benefits to such officials and employees or their dependents or heirs under such
terms and conditions as may be prescribed by the Board, subject to the approval of the President of the Philippines; and

(d) To adopt or approve the annual and supplemental budget of receipts and expenditures including salaries, allowances and
early retirement of PhilHealth personnel and to authorize such capital and operating expenditures and disbursements as may
be necessary and proper for the effective management and operation of PhilHealth: Provided, That this shall be subject to the
budgetary limitations stated under Section 12 hereof: Provided, further, That the submission of the corporate budget to the
Department of Budget and Management (DBM) shall be for information purposes only.

CHAPTER IV
HEALTH SERVICES DELIVERY

Section 17. Population-based Health Services. - The DOH shall endeavor to contract province-wide and city-wide health systems for
the delivery of population-based health services. Province-wide and city-wide health systems shall have the following minimum
components:

(a) Primary care provider network with patient records accessible throughout the health system;

(b) Accurate, sensitive, and timely epidemiologic surveillance systems; and

(c) Proactive and effective health promotion programs or campaigns.

Section 18. Individual-based Health Services. -

(a) PhilHealth shall endeavor to contract public, private, or mixed health care provider networks for the delivery of
individual-based health services: Provided, That member access to services shall not be compromised: Provided,
further, That these networks agree to service quality, co-payment/co-insurance, and data submission
standards: Provided, furthermore, That during the transition, PhilHealth and DOH shall incentivize health care providers that
form networks: Provided, finally, That apex or end-referral hospitals, as determined by the DOH, may be contracted as stand-
alone health care providers by PhilHealth.

(b) PhilHealth shall endeavor to shift to paying providers using performance-driven, close-end, prospective payments based
on disease or diagnosis related groupings and validated costing methodologies and without differentiating facility and
professional fees; develop differential payment schemes that give due consideration to service quality, efficiency and equity;
and institute strong surveillance and audit mechanisms to ensure networks’ compliance to contractual obligations.

CHAPTER V
ORGANIZATION OF LOCAL HEALTH SYSTEMS

Section 19. Integration of Local Health Systems into Province-wide and City-wide Health System. - The DOH, Department of the
Interior and Local Government (DILG), PhilHealth and the LGUs shall endeavor to integrate health systems into province-wide and
city-wide health systems. The Provincial and City Health Boards shall oversee and coordinate the integration of health services for
province-wide and city-wide health systems, to be composed of municipal and component city health systems, and city-wide health
systems in highly urbanized and independent component cities, respectively. The Provincial and City Health Boards shall manage the
Special Health Fund referred to in Section 20 of this Act and shall exercise administrative and technical supervision over health
facilities and health human resources within their respective territorial jurisdiction: Provided, That municipalities and cities included
in the province-wide and city-wide health systems shall be entitled to a representative in the Provincial or City Health Board, as the
case may be.

Section 20. Special Health Fund. - The province-wide or city-wide health system shall pool and manage, through a special health
fund, all resources intended for health services to finance population-based and individual-based health services, health system
operating costs, capital investments, and remuneration of additional health workers and incentives for all health
workers: Provided, That the DOH, in consultation with the DBM and the LGUs, shall develop guidelines for the use of the Special
Health Fund.
Section 21. Income Derived from PhilHealth Payments. - All income derived from PhilHealth payments shall accrue to the Special
Health Fund to be allocated by the LGUs exclusively for the improvement of the LGU health system: Provided, That PhilHealth
payments shall be credited to the annual regular income (ARI) of the LGU.

Section 22. Incentives for Improving Competitiveness of the Public Health Service Delivery System. - The National Government shall
make available commensurate financial and non-financial matching grants, including capital outlay, human resources for health and
health commodities, to improve the functionality of province-wide and city-wide health systems: Provided, That underserved and
unserved areas shall be given priority in the allocation of grants: Provided, further, That the grants shall be in accordance with the
approved province-wide and city-wide health investment plans, which shall account for complementation of public and private health
care providers and public or private health sector investments.

CHAPTER VI
HUMAN RESOURCES FOR HEALTH

Section 23. National Health Human Resource Master Plan. - The DOH, together with stakeholders, shall ensure the formulation and
implementation of a National Health Human Resource Master Plan that will provide policies and strategies for the appropriate
generation, recruitment, retraining, regulation, retention and reassessment of health workforce based on population health needs.

To ensure continuity in the provision of the health programs and services, all health professionals and health care workers shall be
guaranteed permanent employment and competitive salaries.

Section 24. National Health Workforce Support System. - A national health workforce (NHW) support system shall be created to
support local public health systems in addressing their human resource needs: Provided, That deployment to Geographically Isolated
and Disadvantaged Areas (GIDAs) shall be prioritized.

Section 25. Scholarship and Training Program. -

(a) The Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA),
Professional Regulation Commission (PRC) and the DOH shall develop and plan the expansion of existing and new allied
and health-related degree and training programs including those for community-based health care workers and regulate the
number of enrollees in each program based on the health needs of the population especially those in underserved areas.

(b) The CHED and the DOH shall expand scholarship grants for allied and health-related undergraduate and graduate
programs: Provided, That scholarships shall be based on the needed cadre of national and local health managers and health
professionals: Provided, further, That scholarships for bona fide residents of unserved or underserved areas or members of
indigenous peoples shall be given priority.

(c) The PRC and the DOH, in coordination with duly-registered medical and allied health professional societies, shall set up a
registry of medical and allied health professionals, indicating, among others, their current number of practitioners and
location of practice.

(d) The CHED, PRC, and DOH, in coordination with duly-registered medical and allied professional societies, shall reorient
medical and allied medical professional education, and health professional certification and regulation towards producing
health workers with competencies in the provision of primary care services.

Section 26. Return Service Agreement. - All graduates of allied and health-related courses who are recipients of government-funded
scholarship programs shall be required to serve in priority areas in the public sector for at least three (3) full years, with compensation,
and under the supervision of the DOH: Provided, further, That those who will serve for additional two (2) years shall be provided with
additional incentives as determined by the DOH: Provided, further, That graduates of allied and health-related courses from state
universities and colleges and private schools shall be encouraged to serve in these areas.

The DOH shall coordinate with the CHED and PRC for the effective implementation of this section including the establishment of
guidelines for noncompliance.

CHAPTER VII
REGULATION

Section 27. Safety and Quality. -

(a) PhilHealth shall establish a rating system under an incentive scheme to acknowledge and reward health facilities that
provide better service quality, efficiency and equity: Provided, That PhilHealth shall recognize third party accreditation
mechanisms and may use these as basis for granting incentives.

(b) The DOH shall institute a licensing and regulatory system for stand-alone health facilities, including those providing
ambulatory and primary care services, and other modes of health service provision.

(c) The DOH shall set standards for clinical care through the development, appraisal, and use of clinical practice guidelines in
cooperation with professional societies and the academe.

Section 28. Affordability. -

(a) DOH-owned health care providers shall procure drugs and devices guided by price reference indices, following centrally
negotiated prices, sell them following the prescribed maximum mark-ups, and submit to DOH a price list of all drugs and
devices procured and sold by the health care provider.
 (b) An independent price negotiation board, composed of representatives from the DOH, PhilHealth and the Department of
Trade and Industry (DTI), among others, shall be constituted to negotiate prices on behalf of the DOH and PhilHealth, guided
by certain parameters including new technology, innovator drugs, and sourced from a single supplier: Provided, That the
negotiated price in the framework contract shall be applicable for all health care providers under DOH: Provided,
further, That the price negotiation board shall adhere to the guidelines issued by the Government Procurement Policy Board.

(c) Health care providers and facilities shall be required to make readily accessible to the public and submit to DOH and
PhilHealth, all pertinent, relevant, and up-to-date information regarding the prices of health services, and all goods and
services being offered.

(d) Drug outlets shall be required at all times to carry the generic equivalent of all drugs in the Primary Care Formulary and
shall be required to provide customers with a list of therapeutic equivalents and then’ corresponding prices when fulfilling
prescriptions or in any transaction.

(e) The DOH, PhilHealth, HMOs, life and non-life private health insurance (PHIs) shall develop standard policies and plans
that complement the Program’s benefit schedule: Provided, That a coordination mechanism between PhilHealth, PHIs and
HMOs shall be set up to ensure that no benefits shall be unnecessarily dropped.

Section 29. Equity. -

(a) The DOH shall annually update its list of underserved areas, which shall be the basis for preferential licensing of health
facilities and contracting of health services. The DOH shall develop the framework and guidelines to determine the
appropriate bed capacity and number of health care professionals of public health facilities.

(b) The government shall guarantee that the distribution of health services and benefits provided for in this Act shall be
equitable by prioritizing GIDAs in the provision of assistance and support.

(c) All government hospitals are required to operate not less than ninety percent (90%) of their bed capacity as basic or ward
accommodation: Provided, That specialty hospitals are required to operate not less than seventy percent (70%) of then bed
capacity as basic or ward accommodation: Provided, further, That private hospitals are required to operate not less than ten
percent (10%) of then bed capacity as basic or ward accommodation: Provided, finally, That all government hospitals,
specialty hospitals and private hospitals shall regularly submit a report on the allotment or percentage of their bed capacity to
basic or ward accommodation to DOH, which shall issue the necessary guidelines for the immediate implementation of this
provision.

CHAPTER VIII
GOVERNANCE AND ACCOUNTABILITY

Section 30. Health Promotion. - The DOH, as the overall steward for health care, shall strengthen national efforts in providing a
comprehensive and coordinated approach to health development with emphasis on scaling up health promotion and preventive
care.The DOH shall transform its existing Healthy Promotion and Communication Service into a full-fledged Bureau, to be named as
the Health Promotion Bureau, to improve health literacy and mainstream health promotion and protection.

The Health Promotion Bureau shall formulate a framework strategy for health promotion which shall serve as the basis for DOH
programs in increasing health literacy with focus on reducing non-communicable diseases, implement population-wide health
promotion programs and activities across social determinants of health, exercise policy coordination across government
instrumentalities to ensure the attainment of the framework strategy and its programs, and promote and provide technical support to
local research and development programs and projects: Provided, That within two (2) years from the effectivity of this Act, the cost of
implementing health promotion programs shall be at least one percent (1%) of the DOH’s total budget appropriations.

The schools under the supervision of the Department of Education (DepEd) are hereby designated as healthy settings for the purpose
of this Act, The DepEd, in coordination with DOH, shall formulate programs and modules on health literacy and rights to be
integrated into the existing school curricula to intensify the fight against the spread of communicable diseases and increase in
prevalence of non-communicable diseases through, among others, the effective promotion of healthy lifestyle, physical activity,
proper nutrition, and prevention of smoking and alcohol consumption among students. The program shall likewise acquaint the
students on their entitlements, privileges and responsibilities under this Act.

The DOH and DepEd shall submit annual reports on the health promotion and literacy programs they have respectively implemented,
including an assessment of the impact thereof, to the President of the Philippines, the Senate President, and the Speaker of the House
of Representatives.

Furthermore, the LGUs are also directed to enact stricter ordinances that strengthen and broaden existing health policies, the laws to
the contrary notwithstanding, and implement effective programs that promote health literacy and healthy lifestyle among their
constituencies to advance population health and individual wellbeing, reduce the prevalence of non-communicable diseases and their
risk factors, particularly tobacco and alcohol use, lower the incidence of new infectious diseases, address mental health issues and
improve health indicators. An annual report on the policies adopted and programs undertaken and an assessment of the impact thereof
shall be submitted by the LGUs to the DILG.

Section 31. Evidence-Informed Sectoral Policy and Planning for UHC. -

(a) All public and private, national and local health-related entities shall be required to submit health and health-related data
to PhilHealth including, among others, administrative, public health, medical, pharmaceutical and health financing
data: Provided, That PhilHealth shall furnish the DOH a copy of the health data: Provided, further, That these shall be used
for the purpose of generating information to guide research and policy-making: Provided, finally, That the DOH shall
strengthen its research capability by supporting health systems development and reform initiatives through policy and
systems research, and shall support the growth of research consortia in line with the vision of the Philippine National Health
Research System.
 (b) The DOH and Department of Science and Technology (DOST) shall develop a cadre of policy systems researchers,
technical experts and managers by providing training grants in glob ally-benchmarked institutions: Provided, That grantees
shall be required to serve for at least three (3) full years, under supervision and with compensation, in DOH, PhilHealth and
other relevant government agencies: Provided, further, That those who will serve for additional two (2) years, shall be
provided with additional incentives as determined by the agency concerned.

(c) All health, nutrition and demographic-related administrative and survey data generated using public funds shall be
considered public records and be made accessible to the public unless otherwise prohibited by law: Provided, That any
person who requests a copy of such public records may be required to pay the actual costs of reproduction and copying of the
requested public records.

(d) Participatory action researches on cost-effective, high-impact interventions for health promotion and social mobilization
shall form part of the national health research agenda of the Philippine National Health Research System which shall also be
mandated to provide adequate funding support for the conduct of these researches.

Section 32. Monitoring and Evaluation. -

(a) The Philippine Statistics Authority (PSA) shall conduct the relevant modules of household surveys annually during the
first ten (10) years of the implementation, and thereafter follow its regular schedule.

(b) The DOH shall publish annual provincial burden of disease estimates using internationally validated estimation methods
and biennially using actual public and private sector data from electronic records and disease registries, to support LGUs in
tracking progress of health outcomes.

Section 33. Health Impact Assessment (HIA). - HIA shall be required for policies, programs, and projects that are crucial in attaining
better health outcomes or those that may have an impact on the health sector.

Section 34. Health Technology Assessment (HTA). -

(a) The HTA process shall be institutionalized as a fan’ and transparent priority setting mechanism that shall be
recommendatory to the DOH and PhilHealth for the development of policies and programs, regulation, and the determination
of a range of entitlements such as drugs, medicines, pharmaceutical products, and other devices, procedures and services as
provided for under this Act: Provided, That investments on any health technology or development of any benefit package by
the DOH and PhilHealth shall be based on the positive recommendations of the HTA: Provided, farther, That despite having
undergone the HTA process, all health technology, intervention or benefit package shall still be subjected to periodic
review: Provided, furthermore, That a health technology assessment may be conducted as new evidence emerges which may
have substantial impact on the initial coverage decision by the DOH or PhilHealth: Provided, finally, That the HTA process
shall adhere to the principles of ethical soundness, inclusiveness and preferential regard for the underserved, evidence-based
and scientific defensibility, transparency and accountability, efficiency, enforceability and availability of remedies, and due
process.

(b) The following criteria must be observed in the conduct of HTA:

(1) Responsiveness to Magnitude, Severity, and Equity. - The health interventions must address the top medical
conditions that place the heaviest burden on the population, including dimensions of magnitude or the number of
people affected by a health problem, and severity or health loss by an individual as a result of disease, such as death,
handicap, disability or pain, and conditions of the poorest and most vulnerable population;

(2) Safety and Effectiveness. - Each intervention must have undergone Phase IV clinical trial, and systematic review
and meta-analysis must be readily available. The interventions must also not pose any harm to the users and health
care providers;

(3) Household Financial Impact. - The interventions must reduce out-of-pocket expenses. Interventions must have
economic studies and cost-of-illness studies to satisfy this criterion;

(4) Cost-effectiveness. - The interventions must provide overall health gain to the health system and outweigh the
opportunity costs of funding drug and technology; and

(5) Affordability and Viability. - The interventions must be affordable and the cost thereof must be viable to the
financing agents.

(c) The HTAC, to be composed of health experts, shall be created within the DOH and supported by a Secretariat and a
Technical Unit for Policy, Planning and Evaluation with evidence generation and validation capacity. The HTAC shall: (1)
facilitate provision of financing and/or coverage recommendations on health technologies to be financed by DOH and
Philhealth; (2) oversee and coordinate the HTA process within DOH and PhilHealth; and (3) review and assess existing DOH
and PhilHealth benefit packages. Within five (5) years after the establishment and effective operation of the HTAC, it shall
transition into an independent entity separate from the DOH, attached to DOST.

(d) The HTAC shall conduct the HTA in accordance with the principles, criteria and procedures of this Act and ensure that its
process is transparent, conducted with reasonable promptness, and the result of its deliberations is made public. The HTAC
shall consist of a core committee and subcommittees.

The core committee, which shall elect from among themselves its Chairperson, shall be composed of nine (9) voting members,
namely: a public health epidemiologist; a health economist; an ethicist; a citizen’s representative; a sociologist or anthropologist; a
clinical trial or research methods expert; a clinical epidemiologist or evidence-based medicine expert; a medico-legal expert; and a
public health expert.
The subcommittees to be constituted shall include, among others: Drugs, Vaccines, Clinical Equipment and Devices, Medical and
Surgical Procedure, Preventive and Promotive Health Services, and Traditional Medicine. Each subcommittee shall have a minimum
of one (1) and maximum of three (3) non-voting members for each subcommittee.

The HTAC may call upon technical resource persons from the PhilHealth, Food and Drug Administration (FDA), patient groups and
clinical medicine experts as regular resource persons; and representatives from the private sector and health care providers as by-
invitation resource persons.

(e) The HTAC’s core committee and subcommittee members shall be appointed by the Secretary of Health for a term of three (3)
years except for the medico-legal expert, ethicist, and the sociologist or anthropologist who shall serve for a term of four (4)
years: Provided, That no member shall serve for more than three (3) consecutive terms: Provided, further, That the members of the
HTAC shall receive an honorarium in accordance with existing policies: Provided, furthermore, That the DOH shall promulgate the
nomination process for all HTAC members with a clear set of qualifications, credentials and recommendations from the sectors
concerned: Provided, finally, That the Secretary of the DOST shall appoint the members of the HTAC upon its transition into an
attached agency under DOST.

Section 35. Ethics in Public Health Policy and Practice. - The implementation of UHC shall be strengthened by commitment of all
stakeholders to abide by ethical principles in public health practice:

(a) Conflict of interest declaration and management shall be routine in all policy-determining activities, and applicable to all
appointed decision-makers, policymakers and then staff.

(b) All manufacturers of drugs, medical devices, biological and medical supplies registered by the FDA shall collect and
track all financial relationships with health care professionals and health care providers and report these to the DOH, which
shall then make this list publicly available in accordance with existing laws.

(c) A public health ethics committee shall be constituted as an advisory body to the Secretary of Health to ensure compliance
with the provision of this section.

Section 36. Health Information System. - All health service providers and insurers shall each maintain a health information system
consisting of enterprise resource planning, human resource information, electronic health records, and an electronic prescription log
consistent with DOH standards, which shall be electronically uploaded on a regular basis through interoperable
systems: Provided, That the health information system shall be developed and funded by the DOH and PhilHealth: Provided,
further, That patient privacy and confidentiality shall at all times be upheld, in accordance with the Data Privacy Act of 2012.

CHAPTER IX
APPROPRIATIONS

Section 37. Appropriations. - The amount necessary to implement this Act shall be sourced from the following:

(a) Total incremental sin tax collections as provided for in Republic Act No. 10351, otherwise known as the "Sin Tax Reform
Law": Provided, That the mandated earmarks as provided for in Republic Act Nos. 7171 and 8240 shall be retained;

(b) Fifty percent (50%) of the National Government share from the income of the Philippine Amusement Gaming
Corporation (PAGCOR) as provided for in Presidential Decree No. 1869, as amended: Provided, That the funds raised for
this purpose shall be transferred to PhilHealth at the end of each quarter subject to the usual budgeting, accounting and
auditing rules and regulations: Provided, further, That the funds shall be used by PhilHealth to improve its benefit packages;

(c) Forty percent (40%) of the Charity Fund, net of Documentary Stamp Tax Payments, and mandatory contributions of the
Philippine Charity Sweepstakes Office (PCSO) as provided for in Republic Act No. 1169, as amended: Provided, That the
funds raised for this purpose shall be transferred to PhilHealth at the end of each quarter subject to the usual budgeting,
accounting, and auditing rules and regulations: Provided, further, That the funds shall be used by PhilHealth to improve its
benefit packages;

(d) Premium contributions of members;

(e) Annual appropriations of the DOH included in the GAA; and

(f) National Government subsidy to PhilHealth included in the GAA.

The amount necessary to implement the provisions of this Act shall be included in the GAA and shall be appropriated under the DOH
and National Government subsidy to PhilHealth. In addition, the DOH, in coordination with PhilHealth, may request Congress to
appropriate supplemental funding to meet targeted milestones of this Act.

CHAPTER X
PENAL PROVISIONS

Section 38. Penal Provisions. - Any violation of the provisions of this Act, after due notice and hearing, shall suffer the corresponding
penalties as herein provided:

(a) A health care provider of population-based health services who violates any of the provision in its respective contract
shall be subject to sanctions and penalties under its respective contracts without prejudice to the right of the government to
institute any criminal or civil action before the proper judicial body.

(b) A health care provider contracted for the provision of individual-based health services who commits an unethical act,
abuses the authority vested upon the health care provider, or performs a fraudulent act shall be punished by a fine of Two
hundred thousand pesos (₱200,000.00) for each count, or suspension of contract up to three (3) months or the remaining
period of its contract or accreditation whichever is shorter, or both, at the discretion of the PhilHealth, taking into
consideration the gravity of the offense.

The same shall also constitute a criminal violation punishable by imprisonment for six (6) months and one (1) day up to six
(6) years, upon discretion of the court without prejudice to criminal liability defined under the Revised Penal Code.

If the health care provider is a juridical person, its officers and employees or other representatives found to be responsible,
who acted negligently or with intent, or have directly or indirectly caused the commission of the violation, shall be liable.
Recidivists may no longer be contracted as participants of the Program.

(c) A member who commits any violation of this Act or knowingly and deliberately cooperates or agrees, whether explicitly
or implicitly, to the commission of a violation by a contracted health care provider or employer as defined in this section,
including the filing of a fraudulent claim for benefits or entitlement under this Act, shall be punished by a fine of Fifty
thousand pesos (₱50,000.00) for each count or suspension from availment of the benefits of the Program for not less than
three (3) months but not more than six (6) months, or both, at the discretion of PhilHealth.

(d) Any employer who:

(1) Deliberately or through inexcusable negligence, fails or refuses to register employees regardless of their
employment status, accurately and timely deduct contributions from the employee’s compensation or to accurately
and timely remit or submit the report of the same to PhilHealth shall be punished with a fine of Fifty thousand pesos
(₱50,000.00) for every violation per affected employee, or imprisonment of not less than six (6) months but not
more than one (1) year, or both such fine and imprisonment, at the discretion of the court.

Any employer or any officer authorized to collect contributions under this Act who, after collecting or deducting the
monthly contributions from the employee’s compensation, fails or refuses for whatever reason to accurately and
timely remit the contributions to PhilHealth within thirty (30) days from due date shall be presumed prima facie to
have misappropriated the same and is obligated to hold the same in trust for and in behalf of the employees and
PhilHealth, and is immediately obligated to return or remit the amount.1âwphi1

If the employer is a juridical person, its officers and employees or other representatives found to be responsible,
whether they acted negligently or with intent, or have directly or indirectly caused the commission of the violation,
shall be liable.

(2) Deducts, directly or indirectly, from the compensation of the covered employees or otherwise recover from them
the employer’s own contribution on behalf of such employees shall be punished with a fine of Five thousand pesos
(₱5,000.00) multiplied by the total number of affected employees or imprisonment of not less than six (6) months
but not more than one (1) year, or both such fine and imprisonment, at the discretion of the court.

If the unlawful deduction is committed by an association, partnership, corporation or any other institution, its
managing directors or partners or president or general manager, or other persons responsible for the commission of
the act shall be liable for the penalties provided for in this Act.

(e) Any director, officer or employee of PhilHealth who:

(1) Without prior authority or contrary to the provisions of this Act or its IRR, wrongfully receives or keeps funds or
property payable or deliverable to the PhilHealth, and who appropriates and applies such fund or property for
personal use, or shall willingly or negligently consents either expressly or implicitly to the misappropriation of funds
or property without objecting to the same and promptly reporting the. matter to proper authority, shall be liable for
misappropriation of funds under this Act and shall be punished with a fine equivalent to triple the amount
misappropriated per count and suspension for three (3) months without pay.

(2) Commits an unethical act, abuse of authority, or performs a fraudulent act shall be punished by a fine of Two
hundred thousand pesos (₱200,000.00) or suspension for three

(3) months without pay, or both, at the discretion of PhilHealth, taking into consideration the gravity of the offense.
The same shall also constitute a criminal violation punishable by imprisonment for six (6) months and one (1) day
up to six (6) years, upon discretion of the court without prejudice to criminal liability defined under the Revised
Penal Code.

Other violations of the provisions of this Act or of the rules and regulations promulgated by PhilHealth shall be punished
with a fine of not less than Five thousand pesos (₱5,000.00) but not more than Twenty thousand pesos (₱20,000.00).

All other violations involving funds of PhilHealth shall be governed by the applicable provisions of the Revised Penal Code
or other laws, taking into consideration the rules on collection, remittances, and investment of funds as may be promulgated
by PhilHealth.

PhilHealth may enumerate circumstances that will mitigate or aggravate the liability of the offender or erring health care
provider, member or employer.

Despite the cessation of operation by a health care provider or termination of practice of an independent health care
professional while the complaint is being heard, the proceeding shall continue until the resolution of the case.

CHAPTER XI
MISCELLANEOUS PROVISIONS
Section 39. Oversight Provision. - There is hereby created a Joint Congressional Oversight Committee on Universal Health Care to
conduct a regular review, of the implementation of this Act which shall entail a systematic evaluation of the performance, impact or
accomplishments of this Act and the performance of the various agencies involved in realizing universal health care, particularly with
respect to their roles and functions.

The Joint Congressional Oversight Committee shall be jointly chaired by the Chairpersons of the Senate Committee on Health and
Demography and the House of Representatives Committee on Health. It shall be composed of five (5) members from the Senate and
five (5) members from the House of Representatives, to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively.

The National Economic and Development Authority, in coordination with the PSA, National Institutes of Health, and other academic
institutions shall undertake studies to validate and evaluate the accomplishments of this Act. These validation studies and annual
reports, on the performance of the DOH and PhilHealth shall be submitted to the Joint Congressional Oversight Committee.

The DOH and PhilHealth shall allocate an adequate funding for the purpose of conducting these studies.

The Joint Congressional Oversight Committee shall commission an independent study to evaluate the implementation of this Act.

Section 40. Performance Monitoring Division. - The DOH shall establish a Performance Monitoring Division to monitor and evaluate
the proper and effective implementation of the provisions of this Act. The office in charge of field implementation performance of the
DOH shall comprise the core personnel of the office which shall be augmented by the DOH Secretary, as may be deemed necessary.

Section 41. Transitory Provision. -

(a) Within thirty (30) days from the effectivity of this Act, the President of the Philippines shall appoint the new members of
the Board and the President of PhilHealth. The existing board of directors shall serve in a hold-over capacity until a full and
permanent board of directors of PhilHealth is constituted and functioning.

(b) All officers and personnel of PhilHealth, except members of the Board who shall be governed by the first paragraph of
this section, shall continue to perform their duties and responsibilities and receive their corresponding salaries and benefits.
The approval of this Act shall not cause any demotion in rank or diminution of salary, benefits and other privileges of the
incumbent personnel of PhilHealth: Provided, That qualified officers and personnel may voluntarily elect for retirement or
separation from service and shall be entitled to the benefits under existing laws.1âwphi1

(c) All affected officers and personnel of the PCSO shall be absorbed by the agency without demotion in rank or diminution
of salary, benefits and other privileges: Provided, That qualified officers and personnel of the agency may voluntarily elect
for retirement or separation from service based on PCSO Board-approved Early Retirement Incentive Program (ERIP),
utilizing internally-generated funds, or savings from its operating fund: Provided, finally, That the retirement benefit package
shall be reasonable and within the bounds of existing laws.

(d) In the first six (6) years from the enactment of this Act, the National Government shall provide technical and financial
support to selected LGUs that commit to province-wide integration, subject to further review after the lapse of six (6)
years: Provided, That in the first three (3) years from the enactment of this Act, the province-wide and city-wide systems
shall exhibit managerial integration: Provided, further, That within the next three (3) years thereafter, the province-wide and
city-wide systems shall exhibit financial integration: Provided, finally, That upon positive recommendation by an
independent study commissioned by the Joint Congressional Oversight Committee on Universal Health Care of the overall
benefit of province-wide integration and the positive recommendation of the Secretary of Health, all local health systems
shall be integrated as prescribed by Section 19 of this Act through the issuance of an Executive Order by the President.

(e) In the first ten (10) years from the enactment of this Act, PhilHealth may outsource certain functions to ensure operational
efficiency and towards the fulfillment of this Act: Provided, That any outsourcing shall comply with the provisions of
Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act", and its IRR.

(f) In the first three (3) years from the enactment of this Act, PhilHealth and DOH shall provide reasonable financial and
licensing incentives to contracted health care facilities to form health care provider networks. Thereafter, these incentives
shall be withdrawn and providers shall be fully subject to the provisions of Section 19 of this Act.

(g) The HTAC under the DOH shall be established within one (1) year from the effectivity of this Act: Provided, That the
existing health benefit package shall be rationalized within two (2) years from the establishment of the HTAC.

(h) Within three (3) years from the effectivity of this Act, all private insurance companies and HMOs, together with DOH
and PhilHealth, shall have developed a system of co-payment that complements PhilHealth benefit packages.

(i) Within ten (10) years from the effectivity of this Act, only those who have been certified by the DOH and PRC to be
capable of providing primary care will be eligible to be a primary care provider.

(j) For the first two (2) years from the effectivity of this Act, the PCSO shall transfer at least fifty percent (50%) of the forty
percent (40%) of the charity fund per year, in accordance with Section 37(c) of this Act, to enable the PCSO to conclude and
liquidate its Individual Medical Assistance Program At-Source-ang-Processing (IMAP-ASAP) obligations.

Section 42. Interpretation. - All doubts in the implementation and interpretation of this Act, including its IRR, shall be resolved in
favor of upholding the rights and interests of every Filipino to quality, accessible and affordable health care.

Nothing in this Act shall be construed to eliminate or in any way diminish Program benefits being enjoyed at the time of promulgation
of this Act.
Section 43. Implementing Rules and Regulations (IRR). - The DOH and the PhilHealth, in consultation and coordination with
appropriate national government agencies, civil society organizations, nongovernment organizations, private sector representatives,
and other stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act no later than
one hundred eighty (180) days upon the effectivity of this Act.1avvphi1

Section 44. Separability Clause. - If any part or provision of this Act is held invalid or unconstitutional, the remaining parts or
provisions not affected shall remain in full force and effect.

Section 45. Repealing Clause. - The pertinent provisions of the following laws are hereby amended accordingly:

(a) Sections 6, 7, 10, 12, 16(n), 18, 19, 25, 26, 27, 28, 44, 45, 46, 47, 48 and 54 of Republic Act No. 7875, otherwise known
as the "National Health Insurance Act of 1995", as amended by Republic Act No. 9241 and Republic Act No. 10606;

(b) Section 8(c) of Republic Act No. 10351, otherwise known as the "Sin Tax Reform Law";

(c) Presidential Decree No. 1869, otherwise known as the PAGCOR Charter, as amended; and

(d) Republic Act No. 1169, otherwise known as the PCSO Charter, as amended, with respect to the provision of Section 37 of
this Act.

All other laws, decrees, executive orders and rules and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or amended accordingly.

Section 46. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of
general circulation.