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ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 / RA NO.

9262  A dating relationship neither refers to 1) casual acquaintance; nor to 2) ordinary


socialization in a business or social context.
 Jurisprudence described RA 9262 as a landmark legislation defining and criminalizing  It refers to a situation where the parties live as husband and wife
acts of violence against women and their children perpetrated by women’s intimate without the benefit of marriage; or
partners.  are romantically involved overtime and on a continuing basis.

 According to the court, the law provides for Protection Orders from the barangay and  The dating relationship contemplated under the law can exist even without a sexual
the courts to prevent the commission of further acts of violence against women and intercourse taking place between those involved.
their children.  The Law did not use the colloquial verb “romance” that implies a sexual
act, neither did it state that the offender must have romanced the woman
 The law also outlines the duties and responsibilities of barangay officials, law victim survivor.
enforcers, prosecutors and court personnel, social workers, health care providers,  Rather, it used the noun “romance” to describe a couple's relationship that
and other government officials in responding to complaints or requests for assistance is a “love affair”

 What is the concept of violence against women and their children about?  Remember that violence against victim survivors is not confined to this physical
 Violence against women and their children refers to: violence.
1. physical  it also includes sexual violence
2. sexual  psychological violence;
3. psychological or  economic abuse.
4. economic abuse
 Violence refers to any act or a series of acts committed by any person against victim
 It is committed by a person against: survivors.
1. a woman who is his wife
2. a former wife  Jurisprudence teaches that the law does not require that the violence must be
3. with whom he has or had a sexual or dating relationship repeatedly done in order it to be punishable.
4. with whom he has a common child  The object of the law is to promote the protection and safety of victim survivors
5. against her child whether legitimate or illegitimate limiting punishment to repeatedly committed violence with licensed isolated
 aged below 18 years ones.
 aged 18 years or older but incapable of
taking care of himself Forms of Violence

 Women and children who are victims of violence are also referred to under the law as: 1. Physical violence
“victim survivors”  is the infliction of bodily harm.
 it could be in the form of battery, assault, coercion, harassment, or arbitrary
 Jurisprudence teaches that the victim survivor does not necessarily be the wife or deprivation of liberty.
former wife.
 She could be any woman whom the offender has or had a sexual relationship 2. Sexual violence
or dating relationship, whether the sexual or dating relationship had ceased  can be in the form of the following:
is “immaterial” for as long as there is sufficient evidence showing the past -rape
or present existence of such relationship between the offender and the -sexual harassment
woman victim survivor when the physical harm was committed. -acts of lasciviousness
-treating the victim survivor as a sex object
 A sexual relationship can exist even if there was only a single sexual act, regardless of -making demeaning and sexually suggestive remarks
whether it resulted in the bearing of a common child. -physically attacking the sexual parts of the body

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
-forcing the victim survivor to watch obscene publications and indecent
shows or do indecent acts or make films thereof
-forcing the woman victim survivor, a mistress, or lover to leave to live in the
conjugal home or sleep together in the same room with the abuser/offender Remedies available to victim survivors
-acts causing or attempting to cause the victim survivor to engage in any 1. Criminal action
sexual activity, by force, threat of force, physical or other harm or threat of 2. Criminal action with reservation of a special civil action
physical or other harm or coercion 3. Civil action for damages
-prostituting the victim survivor 4. Protection order without claiming damages

3. Psychological violence Areas which concern Labor Laws


 refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim survivor such as: Leave for victims of violence
-intimidation
-harassment  Victim survivors are entitled to a paid leave of absence up to 10 days, in
-damage to property addition to other paid leaves under the Labor Code of the Philippines and the
-public ridicule or humiliation Civil Service Rules and Regulations
-repeated verbal abuse
-marital infidelity  The period for the leave of absence may be extended when the necessity
-causing or allowing the victim survivor to witness: arises, as specified in the protection order.
-the physical, sexual, or psychological abuse of a
member of the family, to which the victim survivor  The leave is non-cumulative and non-convertible to cash, if unused.
belongs
-pornography, in any form  The employer or agency head who denies the application for leave and who
-abusive injury to pets shall prejudice the victim survivor or any person assisting the co-employee, who
-unwanted deprivation of the right to custody and/or visitation of is a victim survivor shall be held liable for discrimination and violation of the
common children law.
-stalking
To be entitled to the leave for victim survivors, the following conditions must be
4. Economic abuse complied with:
 refers to the acts that are intended to make the victim survivor financially
dependent such as: 1. The employee victim survivor must present a certification from the Punong
-withdrawal of financial support Barangay, Kagawad, Prosecutor, or the Clerk of Court, as the case may be.
-preventing the woman victim survivor from engaging in any legitimate
profession occupation, business, or activity, except when the same is 2. Such certification must concern a case for violence against women and their
based on valid serious and moral grounds as defined in Art. 73 of the children that is pending.
Family Code of the Philippines
-deprivation or threat of the deprivation of financial resources, including
the right to the use and enjoyment of the conjugal community or Note: The availment of the 10-day leave shall cover only the days when she has to attend
property owned in common to medical and legal concerns.
-destroying household property
-controlling the victim survivor’s own money or properties
-solely controlling the conjugal money or properties

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
 How is sexual harassment committed in a work-related environment?

 In a work-related or employment environment, sexual harassment is committed


when a sexual favor is made, as a condition for:
-hiring
-re-employment
ANTI-SEXUAL HARRASMENT ACT OF 1995 / RA NO. 7877 -continued employment
-granting favorable compensation, terms, conditions, promotions, or
 What is the concept of sexual harassment about? privileges,

 Sexual harassment is the act of demanding or requesting sexual favors by a or when refusal to grant sexual favor results in:
person having authority or moral ascendancy over another regardless of -discrimination
whether the demand or request is accepted or not. -deprivation of employment opportunities
-diminished employment opportunities
 Sexual harassment can be committed only when there is a superior or -other adverse effects
subordinate relationship, because sexual harassment is not about a man
taking advantage of a woman because of sexual desire, it is about power being or when the sexual advances impair:
exercised by a superior officer over his subordinates - employee rights or privileges

 The power emanates from the fact that the superior can remove the subordinate or result in intimidating, hostile, or offensive environment.
from his workplace, even if the latter would refuse his amorous advances.
 How is sexual harassment committed in an education/training environment?
 The gravamen of offense in sexual harassment is not the violation of the
employee sexuality, but the abuse of power by the employer  In an education/training environment sexual harassment is committed when
 it is not necessary that the demand request or requirement of his the sexual favor is made as a condition for:
sexual favor, be articulated in a categorical, oral, or written -giving passing grades
statement. -granting honor and scholarships
-paying benefits, privileges, or considerations,
 It may be discerned with equal servitude from the acts of the
superior. or when sexual advances result in an intimidating hostile or offensive
environment.
 It is not essential that the demand request or requirement be
made as a condition for continued employment or for  Who can be victims of sexual harassment?
promotion.  In a work-related environment, sexual harassment can be committed against:
-an employee
 It is enough that the sexual advances or requests for sexual fever -applicant for employment
resulted in creating an intimidating hostile or offensive
environment for the employee.  In an education or training environment, sexual harassment can be committed
against:
 In what case can sexual harassment be committed? -a person under the care custody or supervision of the offender
-a person whose education or training is entrusted to the offender.
 Sexual harassment can be committed in:
1. a work related or employment environment  Who may be liable for sexual harassment?
2. an education or training environment.  The following may be held liable for sexual harassment:
-employer manager, supervisor, or agent of the employer
Transcribed by: April Anne Toledo
2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
-teacher, instructor, professor, coach, or trainer  it should also conduct the investigation of alleged cases
-any person having authority influence or moral ascendancy over constituting sexual harassment.
another in a work, or training/education environment
-any person who directs, induces, or cooperates, with another to Liability
commit an any act of sexual harassment.  The liability of the employer and educational or training institutions, employers,
and educational or training institutions, are solidarity liable for damages arising
Obligations from the acts of sexual harassment committed in the employment, educational or
training environment, if they do not take immediate action on any sexual harassment
 Employers and heads of educational or training institutions are obliged: incident reported to them by those in there.
 To create a committee on the decorum and investigation.
Remedy
 To promulgate rules and regulations, prescribing:
-the guidelines on proper decorum in the workplace, educational, or  The victim of work-related or education/training-related sexual harassment may
training institutions. institute a separate and independent action for damages and other affirmative
relief.
-the procedure for the investigation of sexual harassment cases and
administrative sanctions therefor.

 Rules and regulations must be jointly approved by the duly


designated representatives of employees or students/trainees.

 For employers, the committee on decorum and investigation


shall be composed of at least one representative from:
-the management
-the rank-and-file employees
-the supervisory employees
-the union, if one exists.

 For educational or training institutions, the committee on


the decorum and investigation shall be composed of at least
one representative from:
-the administration
-trainers
-teachers
-instructors
-professors
-coaches
-student or trainees

 The committee on decorum and investigation shall conduct


meetings with officers and employees, teachers, instructors,
professors, coaches, trainers, and students or trainees to
increase understanding and prevent incidents of sexual
harassment

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
1. Unwelcome sexual advances or request for sexual favors against the
recipient.

2. Unwelcome and reasonable and offensive conduct of sexual nature


against the recipient.

3. Unwelcome and pervasive conduct that creates an intimidating, hostile,


or humiliating environment for the recipient.
SAFE SPACES ACT / RA NO. 11313

Rationale Who may be liable?

 The law was enacted to uphold the equality of men and women and to afford them their  Any person who commits an act of gender based sexual harassment may be held
safe space. liable under the safe spaces act.

 In a recent case the Supreme Court stated that the safe spaces act expands on the  Unlike the Anti-Sexual Harassment Act Of 1995, the safe spaces act does
concept of discrimination and protects persons of diverse sexual orientation, gender not require the existence of a superior subordinate relationship for
identity and/or expression. gender based sexual harassment in the workplace; neither does the safe
spaces act require the presence of a teacher-student or trainor-
 It thus recognizes gender based sexual harassment as including among others trainee relationship for gender based sexual harassment in educational
misogynistic, transphobic, homophobic, and sexist slurs. or training environments.

 The court also stated that the safe spaces act does not undo or abandone the definition  The Safe Spaces Act provides that gender-based sexual harassment may
of sexual harassment under the Anti-Sexual Harassment Law of 1995. be committed even between peers; or those committed to a superior
officer by a subordinate; or to a teacher by a student; or to a trainer
 The gravamen of the offenses punished under the Safe Spaces Act is the act of by a trainee.
sexually harassing a person on the basis of his or her sexual orientation gender
identity and or expression. Obligations of Employers and Heads of Educational or Training Institutions

 The Anti-Sexual Harassment Law of 1995 refers to the abuse of one's authority  To disseminate a copy of the Safe Spaces Act to all persons in the workplace or post the
influence or moral ascendancy, so as to enable the sexual harassment of a same in a conspicuous place within the workplace.
subordinate.
 To provide measures to prevent gender-based sexual harassment in the workplace, such
Concept of Safe Spaces as the conduct of anti-sexual harassment seminars.

 The concept of safe spaces contemplates public spaces, online platforms, as well as  To create a committee on the decorum and investigation, to investigate and address
workplaces and educational or training institutions, where persons are supposed to complaints of gender-based sexual harassment.
be protected from gender based sexual harassment.
 To disseminate a code of conduct or policy against gender-based sexual harassment.
 There are several acts or aspects penalized in the law for purposes of the labor law bar
exam, the gender based sexual harassment in the workplace and in educational or  The Committee on Decorum and Investigation is required:
training environments.
 To adequately represent management employees from the supervisory
This involves the following acts that occur in workplaces or educational or training rank, rank and file employees, union, school administration, trainers,
environments:

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
instructors, professors or coaches, and students or trainees, students
and parents, as the case may be.

 To designate a woman as its head and make certain that not less than
half of its members should be women.

 To ensure equal representation of persons of diverse sexual orientation,


identity, and/or expression, as far as practicable.

 To be composed of members who shall be impartial and not connected


or related to the alleged perpetrator.

 To investigate and decide on the complaints within 10 days or less upon


receipt thereof.

 To observe due process.

 To protect the complainant from retaliation.

 To guarantee confidentiality to the greatest extent possible.

Obligations of Employees and Co-workers

 To refrain from committing acts of gender-based sexual harassment.

 To discourage the conduct of gender-based sexual harassment in the workplace.

 To provide emotional or social support to fellow employees, co-workers,


colleagues, or peers, who are victims of gender-based sexual harassment.

 To report acts of gender-based sexual harassment witnessed in the workplace.

Remedies

 The victim of work-related or educational/training-related gender-based sexual


harassment may institute a separate and independent action for damages and
other affirmative relief.

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
5. Free medical and dental services in government facilities

6. Educational assistance for post, secondary, tertiary, post-tertiary vocational and


technical education, as well as short term courses, in both public and private
schools, through provision of scholarships, grants, financial aids, subsidies, including
support for books learning materials and uniform allowance to the extent feasible if
the senior citizen meets the minimum admission requirements.

7. Continuance of the same benefits and privileges given by the GSIS, SSS, Home
Development Mutual Fund.
SENIOR CITIZENS ACT / RA NO. 7432
(As Amended by RA Nos. 9257, 9994, and 10645) 8. Special discounts in special programs for senior citizens on purchase of basic
commodities

Concept of a senior citizen 9. Express lanes in all commercial and government establishments, or in the absence
thereof, priority shall be given to them
 A senior citizen refers to a resident citizen of the Philippines, at least 60 years old.
 It includes Filipinos with dual citizenship status, provided they have at least six months 10. Death benefit assistance of a minimum of 2,000 pesos to be given to the nearest
residency in Philippines. surviving relative of deceased senior citizen.

Privileges of a senior citizen What should senior citizens present to avail privileges/benefits?

1. 20% discount and value added tax exemption on the payment of the following  Senior Citizens availing of the privileges granted under the senior citizens act must
goods and services for his or her exclusive use and enjoyment: present any of the following documents:

 medicines prescribed by his or her attending physician 1. Identification card issued by the office of the senior citizens affairs.
 essential medical supplies accessories and equipment 2. Philippine passport
 professional fees of his or her attending physician 3. Other documents showing the senior citizens age and Filipino citizenship such as his
 professional fees of licensed home health care workers or her:
 medical and dental services, as well as diagnostic and laboratory fees -Driver’s license
 actual fare for land transportation -Voters ID
 actual fare for domestic air and sea transportation -SSS or GSIS ID
 services in hotels restaurants and recreation centers -Professional Regulation Commission ID
 admission fees to theaters, cinema houses, and concert halls, circuses,
carnivals, and other similar places of culture, leisure, and amusement  If goods and services are on promotional discount, the senior citizen can choose
amusement between the promotional discount or the 20% discount under the senior citizens act,
 funeral and burial services. whichever is higher and more favorable.

2. Exemption from the payment of individual income taxes of minimum wage  If the senior citizen is also a PWD, he/she can choose to avail of the 20% discount under
earners the Magna Carta for Persons with Disability or under the Senior Citizens Act.

3. 5% discount on the monthly water and electricity utility bills Incentives

4. Exemption from training fees for social economic programs

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
 Incentives for foster care individual or non-governmental institutions, homes,
residential communities, or retirement villages, caring solely for senior citizens are
entitled to following incentives:

1. Realty tax holiday for the first five years starting from the first year of
operation.

2. Priority in the construction or maintenance of provincial or municipal


roads leading to the aforesaid home, residential community, or retirement
village.

 Private entities that employ senior citizens are entitled to an additional deduction
from their gross income equivalent to 15% of the total amount paid as salaries and
wages to senior citizens if:
1. Senior citizens are continuously employed for a period of at 6 months;
and

2. The annual income of the senior citizen does not exceed the latest
poverty threshold as determined by the National Statistical Coordination
Board of the National Economic and Development Authority for that year.

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
When to enjoy maternity leave?

 Maternity leave cannot be deferred. It may be availed of before or after the actual period
of delivery in a continuous or uninterrupted manner. However, the post-natal leave shall
not be less than 60 days.

Allocation of Maternity Leave Credits


 The employee may allocate 7 days of the maternity leave benefit to the child's father.

 Whether or not the father is married to the female worker.


 The allocated benefit granted to the child's father is over and above that which
is provided under the Paternity Leave Act Of 1996
 In case of death, absence, or incapacity of the father, the 7-day benefit may be
allocated to an alternate caregiver.
 The alternate caregiver may be relative within the 4th degree of
consanguinity or the current partner of the female worker who shares the
105-DAY EXPANDED MATERNITY LEAVE LAW / RA NO. 11210 same household.

Coverage Notice Requirements


 The worker shall notify her employer or the head of the government agency of her
 The 105-day expanded maternity leave below covers all female members of the Social option to allocate with her application for maternity leave.
Security System, government employees, national athletes, and those in the informal  the father or alternate caregiver, as the case may be, shall notify the employer
economy, whether married or unmarried. concerned of his or her availment of the allocated leave and the inclusive dates
thereof.
Occasions when maternity leave can be availed of
1. Childbirth Effect of Death or Incapacity
2. Miscarriage  If the female worker dies or becomes permanently incapacitated the balance of the
3. Emergency termination of pregnancy maternity leave benefit shall accrue to the father of the child or to a qualified
caregiver
 Emergency Termination of Pregnancy refers to pregnancy loss, on or after the
20th week of gestation, including stillbirth.  A qualified caregiver may be a relative within the 4th degree of consanguinity,
or the current partner of the female worker who share the same household.
Duration of maternity leave
Limits on number of pregnancies/miscarriages in availing benefits?
1. For pregnancy or childbirth of ordinary employees  Maternity leave can be availed of, for every instance of pregnancy miscarriage or
 105 days, with full pay regardless of whether normal or caesarian delivery. emergency termination of pregnancy, regardless of frequency.
 extendable for 30 days without pay, at the option of the employee.
 In case of two overlapping maternity benefit claims (e.g., a miscarriage or emergency
2. For solo parents termination of pregnancy after the other or followed by life childbirth) the female member
 120 days. shall be granted maternity benefits for the 2 contingencies, in a consecutive manner.
 In other words, 105 days plus 15 days, with full pay.
However, the amount of benefit corresponding to the period where there is an overlap,
3. For miscarriage or emergency termination of pregnancy shall be deducted from the current maternity benefit claim and the worker shall be paid
 60 days, with full pay.
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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
only one maternity benefit, regardless of the number of offspring per childbirth or  Who may be exempted from paying salary differential?
delivery.
The following establishments may be exempted from paying the salary differential:
Conditions for availment
1. For members of the Social Security System 1. Distressed the stablishment's or petitions or cooperatives he's just when the
 The member must have paid at 3 monthly contributions in the 12-month period, actual net loss amounts to 25% of the total assets or when they register capital
immediately preceding the semester of her childbirth, miscarriage, or deficiency that is negative stockholders equity immediately preceding the
emergency termination of pregnancy. application for exemption for sole proprietorships or partnerships is when the
accumulated losses for the two accounting periods immediately preceding the
2. For non-members of the Social Security System application for exemption amounts to at least 20% of the total invested capital at the
 Female workers who are neither voluntary, nor regular members of the social beginning of the period under review or when they register capital deficiency that is
security system, should be governed the by: negative net worth as of the last full accounting. Immediately preceding the
-The Philippine Health Insurance Corporation Circular Number application for exemption for non stock or non profit organizations this is when the
022-2014; or accumulated losses for the last two full accounting periods immediately preceding
-The Social Health Insurance Coverage and benefits for women the application for exemption amounts to at least 20% of the fund balance or
about to give birth. members contribution at the beginning of the period or when the establishment
3. For women in the informal economy and voluntary contributors to the Social registers capital deficiency that is negative fund balance our members contribution
Security System as of the last full accounting. Immediately preceding the application for exemption
 Female workers in the informal economy should be entitled to maternity leave as the banks and quasi banks when it is under receivership or liquidation as
benefits, if they have remitted to the Social Security system at least 3 monthly certified by the Bank of central and philippinus 2 retail or service establishments
contributions in the 12-month period immediately preceding the semester of and other enterprises regularly employing not more than 10 workers regardless of
her childbirth, miscarriage, or emergency termination of pregnancy. the status except donors for at least six months in any calendar year three micro
business enterprises that is those engaged in production processing or
How maternity benefit is paid? manufacturing of products or commodities including agro processing trading and
1. For the public sector services whose total assets do not exceed 3,000,000 pesos in accordance with the
 The government agency concerned shall pay the maternity benefit in full. Bungay microbusiness enterprises act of 2002 for those already providing similar
 The worker shall have the option to be paid in lump sum payment or regular benefits under a collective bargaining agreement company policy or practice
payroll. employers who may be exempted are obliged to submit a yearly justification for
their continued exemption for approval by the Department of Labor and
2. For the private sector employment
 The Social Security system shall pay the maternity benefit based on the Note the procedure for availing the maternity leave benefit one for government
average daily salary credit and the employer shall pay the salary differential, if employees notice of pregnancy should be given by the employee to the head of agency at
any. least 30 days in advance the prescribed civil service form should be used in applying for
 Full payment shall be advanced by the employer within 30 days from filing the maternity leave the application should be supported by a medical certificate two for
application for maternity leave. employees in the private sector notice of pregnancy and expected date of childbirth
 The Social Security System should reimburse the employer 100% of the should be given by the employee to her employer immediately upon confirmation of her
amount of maternity benefits advanced to the employee upon proof of pregnancy the employer shall enter notify the Social Security system failure to notify the
payment. employer shall not bar the employee from enjoying the maternity leave benefits subject
to guidelines to be prescribed by the Social Security system three voluntary Social
Re: Salary Differentials Security system members overseas Filipino workers and those in the informal economy
 The instance when female workers are not entitled to salary differentials? they give notice directly to the Social Security system how about the procedure breaks
 Female workers employed by exempt establishments are not entitled to salary tension of maternity leave in case of life childbirth the employee may ask for 30 day
differentials. They are entitled only to the maternity benefit under the Social extension of her maternity leave without pay by giving her employer or head of agency a
Security System. written notice at least 45 days before the end of her maternity leave prior notice is not
necessary in case of medical emergencies but subsequent notice should be given to the

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2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
head of the agency extended maternity leave without pay shall not be considered as a
gap in the service
will it pending administrative case of a female worker disallow her from enjoying
maternity leave benefits the worker whether in the government service or private sector
can still enjoy her maternity leave benefit even if she has a pending administrative case
how about the effect of termination of employment 1 if the childbirth miscarriage or
emergency termination of pregnancy occurs within 15 calendar days from termination
of employment maternity leave shall still be granted because her right there too has
already accrued 2 if the employee was dismissed without just cause the employer should
pay her full 105 day maternity benefit for childbirth or the 60 day maternity benefit for
miscarriage or emergency termination of pregnancy this is in addition to the applicable
daily cash maternity benefits which the employee would have received had she not been
illegally terminated 3 if the employee was dismissed for a just cause she will be entitled
only to the maternity benefit under the Social Security system the employer is not
obliged to pay the salary differential
finally note the maternity leave for female national athletes in the event a national
athlete becomes pregnant she will be referred to the team physician or an accredited
physician of the Philippine sports Commission or an obstetrician gynecologist to
determine her fitness to continue training she will be allowed to participate in all team
related activities unless the physician advises that participation is not medically safe or
should be limited upon medical advice she shall go on maternity leave until cleared to
return to training she shall continue receiving her allowance and be entitled to the same
benefits while on maternity leave prior to childbirth and up to six months after unless
she can resume sooner as advised by her physician in which case she will be entitled to
the allowance and benefits she had prior to pregnancy provided that a female national
athlete employed in the public sector shall not receive double compensation or benefits

Transcribed by: April Anne Toledo


2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)

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