January 13, 2012 "Workplace" refers to the o ce, premises or worksite, where Driver or conductor's full name, date
ksite, where Driver or conductor's full name, date of birth or age, address,
DOLE DEPARTMENT ORDER NO. 118-12
RULES AND REGULATIONS GOVERNING THE EMPLOYMENT
AND WORKING CONDITIONS OF DRIVERS AND CONDUCTORS IN THE
PUBLIC UTILITY BUS TRANSPORT INDUSTRY
Pursuant to the provision of Article 5 of the Labor Code of the
Philippines, as amended, the following rules and regulations are hereby
issued to ensure the protection and welfare of drivers and conductors
employed in the public utility bus transport industry:
RULE I
Coverage and Definition of Terms
SECTION 1. Coverage. — This Rules shall apply to all public
utility bus owners and/or operators employing drivers and conductors.
SECTION 2. Denition of Terms. — As used herein, the
following terms shall mean:
"Minimum Wage" refers to the lowest wage rate that an
employer should pay his/her worker as fixed by the appropriate RTWPB
of the NWPC.
"Fixed and Performance-based Compensation Scheme" refers
to compensation scheme for bus drivers and conductors wherein the
xed component shall be based on an amount mutually agreed upon by
the owner/operator and the driver/conductor, which shall in no case be
lower than the applicable minimum wage. The performance based
component shall be based on safety performance, business
performance and other related parameters. SAEHaC
"DOLE-RO" refers to the Department of Labor and
Employment-Regional Office.
"Public utility bus driver" refers to a professional-licensed
driver hired or paid to drive a public utility bus.
"Public utility bus conductor" refers to a person hired or paid
to serve as conductor in a public utility bus.
"Public utility bus operator" refers to a person issued a Certi
cate of Public Convenience to operate a public utility bus by the Land
Transportation Franchising and Regulatory Board.
"Ridership" refers to the number of persons who ride the
public utility bus transport system.
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the workers are habitually employed and shall include the place where
the workers, who have no xed or de nite work site, regularly report for
assignment in the course of their employment. For the public utility
bus transport industry, workplace includes the bus, bus
terminals, garage, and the company office.
"NWPC" refers to the National Wages and Productivity
Commission.
"RTWPB" refers to the Regional Tripartite Wage and
Productivity Board.
"NTIPC" refers to the National Tripartite Industrial Peace
Council.
"TESDA" refers to the Technical Education and Skills
Development Authority.
''OSHC" refers to the Occupational Safety and Health Center.
"BWC" refers to the Bureau of Working Conditions.
"NCMB" refers to the National Conciliation and Mediation
Board.
"LTO" refers to the Land Transportation Office. SEHaTC
"LTFRB" refers to the Land Transportation Franchising and
Regulatory Board.
"MMDA" refers to the Metropolitan Manila Development
Authority.
"Kapatiran (WISE)-TAV Program" refers to the Kapatiran
Work Improvement in Small Enterprises-Technical and Advisory Visit.
"CBA" refers to a Collective Bargaining Agreement.
RULE II
Terms and Conditions of Employment
SECTION 1. Employment Agreement for Drivers and
Conductors. — There shall be an agreement in writing between the
public utility bus owner/operator and the public utility bus driver
and/or conductor, which shall include the following terms:
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civil status, and SSS ID no.;
Public Utility Bus owner's/operator's name and address;
Place where and date when the employment agreement is
entered into;
Amount of the driver's or conductor's xed wage and formula
used for calculating the performance based compensation in
accordance with Rule III (Compensation), as provided hereunder;
Hours of work;
Wages and wage-related bene ts such as overtime pay,
holiday pay, premium pay, 13th month pay and leaves;
Social security and welfare benefits;
Separation or retirement pay; and
Other benefits under existing laws. TSEcAD
The public utility bus owner/operator shall provide the public
utility bus driver/conductor the signed and notarized original copy of
the agreement.
SECTION 2. Minimum Benets. — The public utility bus drivers
and conductors are entitled to the following benefits:
Wages for all actual work during the normal work hours and
days shall not be lower than the applicable minimum wage rates.
Wages shall be paid at least once every two weeks or twice a month at
intervals not exceeding 16 days;
Twelve (12) Regular Holidays with pay pursuant to Republic
Act No. 9849 (An Act Declaring the Tenth Day of Zhul Hijja, the Twelfth
Month of the Islamic Calendar, a National Holiday for the Observance
of Eidul Adha,
Further Amending for the Purpose Section 26, Chapter 7,
Book I of Executive Order No. 292, Otherwise Known as the
Administrative Code of 1987, as Amended). The driver/conductor shall
be paid holiday pay of 100% of the minimum wage even if he/she does
not report for work, provided he/she is present or is on leave of
absence with pay on the workday immediately preceding the holiday. If
the driver/conductor is required to work on said holiday, he/she shall
be paid 200% of the minimum wage;
 Rest day of twenty-four (24) consecutive hours for every six
(6) consecutive working days. If the driver/conductor is required to
work on a rest day, he/she shall be paid an additional premium pay of
30% of the basic wage. If the driver/conductor is required to work on
special days under Republic Act No. 9849, he/she shall also be paid an
additional premium pay of 30% of the basic wage. Whenever work is
performed on a rest day, which happens to be also a special day,
he/she is entitled to an additional 50% of the basic wage;
Overtime pay equivalent to at least 25% of the basic wage on
ordinary days and 30% on regular holidays, special days and rest days
for work beyond eight (8) hours per day;
Night shift pay of an additional 10% of the basic wage for
work between 10:00 pm and 6:00 am of the following day;
Paid service incentive leave of five (5) days for every year of
service;
13th month pay pursuant to Presidential Decree No. 851, as
amended, which entitles the employee to receive an amount
equivalent to 1/12 of the total basic salary earned within the calendar
year, not later than 24 December of each year; SaCIDT
Paid maternity leave of sixty (60) days for normal delivery or
seventy eight (78) days for caesarian section delivery, pursuant to
Republic Act No. 8282, otherwise known as the Social Security Act of
1997;
Paid paternity leave of seven (7) days, pursuant to Republic
Act No. 8187, otherwise known as Paternity Leave Act of 1996;
Paid parental leave of seven (7) days for solo parents
pursuant to Republic Act No. 8972, otherwise known as the Solo
Parents' Welfare Act of
2000;
Paid leave of ten (10) days for victims of violence against
women and their children, pursuant to Republic Act No. 9262 otherwise
known as the Anti-Violence Against Women and Their Children Act of
2004;
Paid special leave for women who underwent surgery caused
by gynecological disorders, pursuant to Republic Act No. 9710,
otherwise known as the Magna Carta of Women; and
Retirement pay upon reaching the age of sixty (60) or more,
pursuant to Republic Act No. 7641.
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SECTION 3. Hours of Work and Hours of Rest. — The normal
hours of work of a driver and conductor shall not exceed eight (8) hours
a day.
If the driver/conductor is required to work overtime, the
maximum hours of work shall not exceed twelve (12) hours in any 24-
hour period, subject to the overriding safety and operational conditions
of the public utility bus.
Drivers and conductors shall be entitled to rest periods of at
least one (1) hour, exclusive of meal breaks, within a 12-hour shift.
SECTION 4. Right to Security of Tenure. — Drivers and
conductors shall enjoy security of tenure in their employment as
provided by law. Their employment can only be terminated for just or
authorized causes pursuant to the provisions of the Labor Code, as
amended.
SECTION 5. Observance of Required Standards of Due
Process; Requirements of Notice. — In all cases of termination of
employment, the standards of due process laid down in the Labor
Code, as amended, and settled jurisprudence on the matter, must be
observed. Thus, the following is hereby set out to clarify the standards
of due process that must be observed: CDScaT
a) For termination of employment based on just causes as de
ned in the Code,
the requirement of two written notices served on the
employee shall observe the following:
The first written notice should contain:
The specific causes or grounds for termination;
Detailed narration of the facts and circumstances that will
serve as basis for the charge against the employee. A general
description of the charge will not suffice:
The company rule, if any, that is violated and/or the ground
that is being charged against the employee; and
A directive that the employee is given opportunity to submit
a written explanation within a reasonable period.
"Reasonable period" should be construed as a period of at
least ve (5) calendar days from receipt of the notice to give the
employee an opportunity to study the accusation, consult a union
official or lawyer, gather data and evidence, and decide on the defenses
against the complaint.
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After serving the rst notice, the employer should afford the
employee ample opportunity to be heard and to defend himself/herself
with the assistance of his/her representative if he/she so desires, as
provided in Article 277 (b) of the Labor Code, as amended.
"Ample opportunity to be heard" means any meaningful
opportunity (verbal or written) given to the employee to answer the
charges against him/her and submit evidence in support of his/her
defense, whether in a hearing, conference or some other fair, just and
reasonable way. A formal hearing or conference becomes mandatory
only when requested by the employee in writing or substantial
evidentiary disputes exist or a company rule or practice requires it, or
when similar circumstances justify it.
After determining that termination of employment is justi ed,
the employer contractor shall serve the employee a written notice of
termination indicating that: (1) all circumstances involving the charge
against the employees have been considered; and (2) the grounds have
been established to justify the severance of their employment.
DEcTCa
The foregoing notices shall be served on the employee's last
known address.
For termination of employment based on authorized causes
de ned in Article 283 of the Labor Code, the requirement of due process
shall be deemed complied with upon service of a written notice to the
employee and the appropriate regional o ce of the Department of Labor
and Employment at least thirty days before the effectivity of the
termination, specifying the ground or grounds for termination.
If the termination is brought about by the completion of the
contract or phase thereof, no prior notice is required. If the termination
is brought about by the failure of a probationary employee to meet the
reasonable standards of the employer, which was made known to the
employee at the time of his/her employment, it shall be su cient that a
written notice is served upon the employee within a reasonable time
prior to the expiration of the probationary period.
SECTION 6. Right to Self-Organization and Collective
Bargaining. — Drivers and conductors shall have the right to form, join
or assist in the formation of a labor organization, association, or
cooperatives of their own choice for purposes of collective bargaining
or for mutual aid or protection.
 RULE III
Compensation
SECTION 1. Fixed and Performance-Based Compensation
Scheme. — Bus owners and/or operators shall adopt a mutually-agreed
upon "part- xed, partperformance" based compensation scheme for
their bus drivers and conductors.
SECTION 2. Method of Determining Compensation. — Bus
owners and/or operators, in consultation with their drivers and
conductors shall determine the following:
The xed component shall be based on an amount mutually
agreed upon by the owner/operator and the driver/conductor, which
shall take into account minimum ridership requirement and in no case
be lower than
the applicable minimum wage for work during normal
hours/days. They shall also be entitled to wage related bene ts such as
overtime pay, premium pay and holiday pay, among others. HSacEI
The performance-based component shall be based on safety
performance and business performance such as ridership,
revenues/profitability, and other related parameters.
SECTION 3. Operational Guidelines. — The NWPC shall
develop operational guidelines to implement the part- xed, part
performance-based compensation scheme including the formula that
should be used by public utility bus companies within fteen (15) days
after publication of this Rules.
SECTION 4. Submission of Proposed Compensation Scheme.
— All public utility bus owners and/or operators shall submit a
proposed compensation scheme, mutually agreed upon with their
drivers/conductors, to the appropriate RTWPB for information and
reference purposes based on Rule III, Section 2 of this Rules, within
sixty (60) days after the effectivity of this Order.
RULE IV
Occupational Safety and Health
SECTION 1. Occupational Safety and Health Policy and
Program. — The bus owners and/or operators shall adopt, implement
and promote occupational safety and health programs consistent with
the provisions of the Occupational Safety and Health Standards (OSHS)
and other related DOLE issuances to include the prevention and control
of tuberculosis, HIV and AIDS, hepatitis B and drugs in the workplace.
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The bus owners and/or operators shall also implement and
promote workplace policies and programs on Anti-Smoking, Anti-Sexual
Harassment and Disaster and Climate Risk Reduction.
SECTION 2. Safety and Health Committee. — A Safety and
Health Committee shall be organized by the bus owner/s and/or
operators in accordance with existing OSH Standards.
SECTION 3. Operational Guidelines. — The BWC and the
OSHC shall develop a Safety and Health Manual for the Bus Industry
within fteen (15) days after publication of this Rules.
RULE V
Social Protection
SECTION 1. Social Welfare Benefits. — Without prejudice to
established company policy, collective bargaining agreement or other
applicable employment agreement, all bus drivers and conductors shall
be entitled to coverage for social welfare bene ts such as Pag-ibig Fund
(Republic Act No. 7742), PhilHealth (Republic Act No. 7875, as amended
by Republic Act No. 9241), Employees' Compensation Law (Presidential
Decree No. 626), Social Security Law (Republic Act No 1161 as amended
by Republic Act No. 8282) and other applicable laws. HTASIa
The cost of health services for the illnesses and injuries
suffered by the driver and conductor shall be covered by mandatory
social welfare programs under existing laws.
RULE VI
Training and Development
SECTION 1. Assessment and Certification. — The TESDA, in
coordination with the OSHC, the LTO, the LTFRB and the MMDA shall
implement an assessment and certi cation program for professional
drivers. The assessment will focus on knowledge, attitude and skills.
SECTION 2. Driver Prociency Standards. — The TESDA shall
work closely with LTFRB in the implementation of its Department Order
No. 2011-25 "Inclusion of Driver
Pro ciency Standard as Additional Requirement in the
Exercise of the Regulatory
Powers of LTFRB to Issue Certi cates of Public Convenience
(CPC)". Applicants for CPCs shall present su cient proof and submit a list
of its drivers who are duly certi ed by the TESDA.
RULE VII
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Labor-Management Schemes
SECTION 1. Labor-Management Schemes. — The National
Conciliation and Mediation Board (NCMB) shall encourage and assist
public utility bus companies in creating a labor management committee
or any labor management mechanism that shall be composed of
representatives from management and drivers/conductors. The
committee is tasked to develop and implement labor-management
schemes and welfare programs for the workers.
RULE VIII
Compliance and Enforcement
SECTION 1. Enforcement of Labor Standards. — Compliance
with minimum wages, wage-related bene ts, hours of work and
occupational safety and health standards shall be enforced by the
appropriate DOLE-RO having jurisdiction over the principal o ce of the
bus owner/operator in accordance with the prescribed rules and
regulations. aHTEIA
Consistent with Article 128 (Visitorial and Enforcement
Power) of the Labor Code, as amended, the Regional Director through
his/her duly authorized representatives, shall conduct routine
inspection of the workplace and shall also have access to employer's
records and premises at any time of the day or night whenever work is
being undertaken therein, and the right to copy therefrom, to question
any employee and investigate any fact, condition or matter which may
be necessary to determine violations or which may aid in the
enforcement of the Labor Code and of any labor law, wage order, or
rules and regulations issued pursuant thereto.
The ndings of the duly authorized representative shall be
referred to the Regional Director for appropriate action as provided for
in Article 128, and shall be furnished the collective bargaining agent, if
any.
Based on the visitorial and enforcement power of the
Secretary of Labor and Employment in Article 128 (a), (b), (c), and (d),
the Regional Director shall issue compliance orders to give effect to the
labor standards provisions of the Labor Code, other labor legislation,
and this Rules.
SECTION 2. Enrollment in DOLE programs on improving
compliance with labor standards. — For purposes of ensuring
compliance with labor standards, public utility bus owners and/or
operators and drivers and conductors covered by this Rules are
encouraged to enroll and participate in the DOLE Kapatiran Work
Improvement for Small Enterprise (WISE)-TAV Program (Department
 Advisory No. 06, dated 07 March 2011) and/or in the Incentivizing
Compliance Program (Department Order No. 115-11).
SECTION 3. Violations of Employment Agreement. — Any
violation of the provisions of the employment agreement uncovered
during the conduct of inspection, as well as complaints led relative to
the other provisions of this Rules, shall be resolved through the
disposition of labor case procedures and conciliation-mediation services
of the DOLE pursuant to Department Order No. 107, series of 2010, as
may be applicable.
SECTION 4. Failure to Comply/Restitute. — In case of
violations committed by bus owners/operators and failure to comply or
correct such violations, the DOLE shall coordinate with the LTFRB on
the matter for appropriate action, including possible cancellation of
franchise after due process.
SECTION 4. Non-diminution of Benets. — Nothing herein shall
be construed to authorize diminution of bene ts being enjoyed by the
bus drivers and conductors at the time of the issuance hereof.
SECTION 5. Effect on Existing Company Policy, Contracts or
CBAs. — The minimum bene ts provided in this Rules shall be without
prejudice to any company policy, contract, or Collective Bargaining
Agreement (CBA) providing better terms and conditions of
employment.
SECTION 6. Repealing Clause. — All policies, issuances, rules
and regulations and agreements inconsistent with this Rules are hereby
repealed or modified accordingly.
SECTION 7. Effectivity. — This Order shall take effect fteen
(15) days upon its publication in a newspaper of general circulation.

SECTION 5. Tripartite Monitoring Body. — A region-based Manila, Philippines, January 13, 2012.
tripartite monitoring body shall be constituted within thirty (30) days
from the effectivity of this Rules. It shall submit a quarterly regional
monitoring report to the DOLE Secretary and to the National Tripartite
Industrial Peace Council (NTIPC).

RULE IX

Miscellaneous Provisions

SECTION 1. Transitory Provisions. — This Rules shall initially

cover the public utility bus transport companies exclusively serving or
plying Metro Manila routes and shall apply to other public utility bus
companies by July 2012.

In the rst six months but not later than one year from the
effectivity of this Rules, the provisions herein stated shall be liberally
construed to enable compliance by the public utility bus companies.

SECTION 2. Operational Guidelines. — Operational guidelines

to implement this

Rules shall be issued by concerned DOLE agencies (i.e., BWC,

OSHC, NCMB, and

TESDA) within fifteen (15) days after its publication. DaHISE

SECTION 3. Technical Assistance to Public Utility Bus

Transport Companies. — Public utility bus operators may request for
technical assistance from concerned DOLE agencies in the
implementation of this Rules.

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March 16, 2010
REPUBLIC ACT NO. 10028
AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING,
AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS
"AN ACT PROVIDING
INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH
INSTITUTIONS WITH
ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR
OTHER PURPOSES"
SECTION 1. Short Title. — This Act shall be
known as the "Expanded
Breastfeeding Promotion Act of 2009". acEHSI
SECTION 2. Section 2 of Republic Act No. 7600 is hereby
amended to read as follows:
"SEC. 2. Declaration of Policy. — The State adopts rooming-in
as a national policy to encourage, protect and support the practice of
breastfeeding. It shall create an environment where basic physical,
emotional, and psychological needs of mothers and infants are ful lled
through the practice of rooming-in and breastfeeding.
"The State shall likewise protect working women by providing
safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in
the service of the nation. This is consistent with international treaties
and conventions to which the Philippines is a signatory such as the
Convention on the Elimination of Discrimination Against Women
(CEDAW), which emphasizes provision of necessary supporting social
services to enable parents to combine family obligations with work
responsibilities; the Beijing Platform for Action and Strategic Objective,
which promotes harmonization of work and family responsibilities for
women and men; and the Convention on the Rights of the Child, which
recognizes a child's inherent right to life and the State's obligations to
ensure the child's survival and development.
"Breastfeeding has distinct advantages which bene t the
infant and the mother, including the hospital and the country that
adopt its practice. It is the rst preventive health measure that can be
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given to the child at birth. It also enhances mother-infant relationship.
Furthermore, the practice of breastfeeding could save the country
valuable foreign exchange that may otherwise be used for milk
importation.
"Breastmilk is the best food since it contains essential
nutrients completely suitable for the infant's needs. It is also nature's
rst immunization, enabling the infant to fight potential serious
infection. It contains growth factors that enhance the maturation of an
infant's organ systems.
"Towards this end, the State shall promote and encourage
breastfeeding and provide the speci c measures that would present
opportunities for mothers to continue expressing their milk and/or
breastfeeding their infant or young child."
SECTION 3. Section 3 of Republic Act No. 7600 is hereby
amended to read as follows: SaDICE
"SEC. 3. Denition of Terms. — For purposes of this Act, the
following definitions are adopted:
"a) Age of gestation — the length of time the fetus is inside
the mother's womb.
"b) Bottlefeeding — the method of feeding an infant using a
bottle with arti cial nipples, the contents of which can be any type of
fluid.
"c) Breastfeeding — the method of feeding an infant directly
from the human breast.
"d) Breastmilk — the human milk from a
mother.
"e) Breastmilk substitute — any food being marketed or
otherwise represented as partial or total replacement of breastmilk
whether or not suitable for that purpose.
"f) Donor milk — the human milk from a non-biological
mother.
"g) Expressed breastmilk — the human milk which has been
extracted from the breast by hand or by breast pump. It can be fed to
an infant using a dropper, a nasogastric tube, a cup and spoon, or a
bottle.
"h) Expressing milk — the act of extracting human milk from
the breast by hand or by pump into a container.
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"i) Formula feeding — the feeding of a newborn with infant
formula usually by bottlefeeding. It is also called arti cial feeding.
"j) Health institutions —
are hospitals, health
in rmaries, health centers, lying-in centers, or puericulture
centers with obstetrical and pediatric services.
"k) Health personnel — are professionals and workers who
manage and/or administer the entire operations of health institutions
and/or who are involved in providing maternal and child health
services.
"l) Health workers — all persons who are engaged in health
and health-related work, and all persons employed in all hospitals,
sanitaria, health in rmaries, health centers, rural health units, barangay
health stations, clinics and other health-related establishments,
whether government or private, and shall include medical, allied health
professional, administrative and support personnel employed
regardless of their employment status. EIaDHS
"m) Infant — a child within zero (0) to twelve (12) months of
age.
"n) Infant formula — the breastmilk substitute formulated
industrially in accordance with applicable Codex Alimentarius
standards, to satisfy the normal nutritional requirements of infants up
to six (6) months of age, and adopted to their physiological
characteristics.
"o) Lactation management — the general care of a mother-
infant nursing couple during the mother's prenatal, immediate
postpartum and postnatal periods. It deals with educating and
providing knowledge and information to pregnant and lactating
mothers on the advantages of breastfeeding, the risks associated with
breastmilk substitutes and milk products not suitable as breastmilk
substitutes such as, but not limited to, condensed milk and evaporated
milk, the monitoring of breastfeeding mothers by health workers and
breastfeeding peer counselors for service patients to ensure
compliance with the Department of Health, World Health Organization
(WHO) and the United Nations Children's Fund (UNICEF) on the
implementation of breastfeeding policies, the physiology of lactation,
the establishment and maintenance of lactation, the proper care of the
breasts and nipples, and such other matters that would contribute to
successful breastfeeding.
"p) Lactation stations — private, clean, sanitary, and well-
ventilated rooms or areas in the workplace or public places where
 nursing mothers can wash up, breastfeed or express their milk
comfortably and store this afterward.
"q) Low birth weight infant — a newborn weighing less than
two thousand five hundred (2,500) grams at birth.
"r) Nursing employee — any female worker, regardless of
employment status, who is breastfeeding her infant and/or young child.
"s) Mother's milk — the breastmilk from the newborn's own
mother.
"t) Non-health facilities, establishment or institution — public
places and working places, as de ned in subparagraphs (u) and (y),
respectively.
"u) Public place — enclosed or con ned areas such as schools,
public transportation terminals, shopping malls, and the like. DCIEac
"v) Rooming-in — the practice of placing the newborn in the
same room as the mother right after delivery up to discharge to
facilitate mother-infant bonding and to initiate breastfeeding. The
infant may either share the mother's bed or be placed in a crib beside
the mother.
"w) Seriously ill mothers — are those who are: with severe
infections; in shock, in severe cardiac or respiratory distress; or dying;
or those with other conditions that may be determined by the
attending physician as serious.
"x) Wet-nursing — the feeding of a newborn from another
mother's breast when his/her own mother cannot breastfeed.
"y) Workplace — work premises, whether private enterprises
or government agencies, including their subdivisions, instrumentalities
and government-owned and -controlled corporations.
"z) Young child — a child from the age of twelve (12) months
and one (1) day up to thirty-six (36) months."
SECTION 4. Section 4 of Republic Act No. 7600 is hereby
amended to read as follows:
"SEC. 4. Applicability. — The provisions in this Chapter shall
apply to all private enterprises as well as government agencies,
including their subdivisions and instrumentalities, and government-
owned and -controlled corporations.
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"Upon application to, and determination by, the Secretary of
the Department of Labor and Employment for the private sector, and
the
Chairperson of the Civil Service Commission for the public
sector, all health and non-health facilities, establishments and
institutions may be exempted for a renewable period of two (2) years
from Section 6 of this Act where the establishment of lactation stations
is not feasible or necessary due to the peculiar circumstances of the
workplace or public place taking into consideration, among others,
number of women employees, physical size of the establishment, and
the average number of women who visit.
"All health and non-health facilities, establishments or
institutions which are exempted in complying with the provisions of this
Act but nevertheless opted to comply are entitled to the bene ts herein
stated: Provided, That they give their employees the privilege of using
the same."
SECTION 5. Section 10 of Republic Act No.
7600 is hereby amended to read
as follows: ESTcIA
"SEC. 10. Provision of Facilities for Breastmilk Collection and
Storage for Health Institutions. — The health institution adopting
rooming-in and breastfeeding shall provide equipment, facilities, and
supplies for breastmilk collection, storage and utilization, the standards
of which shall be de ned by the Department of Health. Health
institutions are likewise encouraged to set up milk banks for storage of
breastmilk donated by mothers and which have undergone
pasteurization. The stored breastmilk will primarily be given to children
in the neonatal intensive care unit whose own mothers are seriously
ill."
SECTION 6. A new Section 11, under a new Chapter, is
added to read as follows:
"CHAPTER III "LACTATION STATIONS
"SEC. 11. Establishment of Lactation Stations. — It is hereby
mandated that all health and non-health facilities, establishments or
institutions shall establish lactation stations. The lactation stations shall
be adequately provided with the necessary equipment and facilities,
such as: lavatory for hand-washing, unless there is an easily-accessible
lavatory nearby; refrigeration or appropriate cooling facilities for
storing expressed breastmilk; electrical outlets for breast pumps; a
small table; comfortable seats; and other items, the standards of which
shall be de ned by the Department of Health. The lactation station shall
not be located in the toilet.
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"In addition, all health and non-health facilities,
establishments or institutions shall take strict measures to prevent any
direct or indirect form of promotion, marketing, and/or sales of infant
formula and/or breastmilk substitutes within the lactation stations, or
in any event or circumstances which may be conducive to the same.
"Apart from the said minimum requirements, all health and
non-health facilities, establishments or institutions may provide other
suitable facilities or services within the lactation station, all of which,
upon due substantiation, shall be considered eligible for purposes of
Section 14 of this Act."
SECTION 7. A new Section 12 is hereby
added to read as follows:
"SEC. 12. Lactation Periods. — Nursing employees shall be
granted break intervals in addition to the regular time-off for meals to
breastfeed or express milk. These intervals, which shall include the time
it takes an employee to get to and from the workplace lactation station,
shall be counted as compensable hours worked. The Department of
Labor and Employment (DOLE) may adjust the same: Provided, That
such intervals shall not be less than a total of forty (40) minutes for
every eight (8)-hour working period." DEaCSA
SECTION 8. Section 11, which shall be under the renumbered
Chapter IV of Republic Act No. 7600, is hereby amended to read as
follows:
"CHAPTER IV
"INFORMATION, EDUCATION AND RE-EDUCATION DRIVE
"SEC. 13. Continuing Education, Re-education and Training of
Health Workers and Health Institutions. — The Department of Health
with the assistance of other government agencies, professional and
nongovernmental organizations shall conduct continuing information,
education, re-education, and training programs for physicians, nurses,
midwives, nutritionists-dietitians, community health workers and
traditional birth attendants (TBAs) and other health workers on current
and updated lactation management.
"Information materials shall be given to all health workers
involved in maternal and infant care in health institutions."
SECTION 9. Section 12 of Republic Act No. 7600 is hereby
renumbered and amended to read as follows:
"SEC. 14. Information Dissemination and Educational
Programs to Pregnant Women and Women of Reproductive Age. —
During the prenatal, perinatal and postnatal consultations and/or con
 nements of the mothers or pregnant women in a health institution, it
shall be the obligation of the health institution and the health worker to
immediately and continuously teach, train, and support the women on
current and updated lactation management and infant care, through
participatory strategies such as organization of mothers' clubs and
breastfeeding support groups and to distribute written information
materials on such matters free of charge.
"The Department of Health is hereby mandated to develop
and provide breastfeeding programs for working mothers whose
employers are encouraged to avail of it as part of their human resource
development programs.
"To equip women of reproductive age with accurate
information on maternal nutrition and proper nourishment in
preparation for successful and sustainable breastfeeding, the
Department of Health is likewise mandated to produce and make
available relevant information and programs which should be
disseminated to all city, municipal and barangay health centers.
"Employers are also highly encouraged to develop
breastfeeding or lactation support programs which main functions are
to assess the needs of lactating women in their company and provide
pregnant and lactating employees with adequate information regarding
lactation management in the form of brochures, pamphlets and other
educational materials."
SECTION 10. A new Section 15 is hereby
added to read as follows:
"SEC. 15. Integration of Breastfeeding Education in the
Curricula. — To encourage and promote breastfeeding, the Department
of Education, the Commission on Higher Education, and the Technical
Education and Skills Development Authority shall integrate in the
relevant subjects in the elementary, high school, and college levels,
especially in the medical and allied medical courses, and in technical
vocational education, the importance, bene ts, methods or techniques
of breastfeeding, and change of societal attitudes towards
breastfeeding."
SECTION 11. A new Section 16 is hereby
added to read as follows:
"SEC. 16. Breastfeeding Awareness Month. — To raise
awareness on the importance of and to further promote breastfeeding,
the month of August in each and every year throughout the Philippines
shall be known as
'Breastfeeding Awareness Month'." TEcHCA
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SECTION 12. A new Section 17 is hereby
added to read as follows:
"SEC. 17. Public Education and Awareness Program. — To
ensure the meaningful observance of breastfeeding month as herein
declared, a comprehensive national public education and awareness
program shall be undertaken in order to achieve the following
objectives:
"a) To protect, promote and support breastfeeding in the
Philippines as the normal, natural and preferred method of feeding
infants and young children;
"b) To guarantee the rightful place of breastfeeding in society
as a time honored tradition and nurturing value as well as a national
health policy that must be enforced;
"c) To provide information about the bene ts and
superiority of breastfeeding and the high risks and costs of
bottlefeeding;
"d) To generate awareness on, and full enforcement of,
national and international laws, codes, policies and programs on the
promotion and protection of safe and adequate nutrition for infants
and young children by promoting and protecting breastfeeding and by
regulating the marketing of certain foods and feeding bottles, teats and
pacifiers; and
"e) To instill recognition and support and ensure access to
comprehensive, current and culturally appropriate lactation care and
services for all women, children and families, including support for
breastfeeding mothers in the work force. CSDTac
"The Department of Health shall lead in the implementation
of the comprehensive national public education and awareness
program on breastfeeding through a collaborative interagency and
multi-sectoral effort at all levels."
SECTION 13. A new Section 18, which shall be under
the renumbered Chapter V of Republic Act No. 7600, is hereby added to
read as follows:
"CHAPTER V "MISCELLANEOUS PROVISIONS
"SEC. 18. Department of Health Certication. — Any health
and nonhealth facility, establishment or institution satisfying the
requirements of Sections 6 and 7 herein relative to a proper lactation
station may apply with the local Department of Health of ce for a
'working mother-baby friendly' certi cation. The Department of Health
shall promulgate guidelines to determine eligibility for such certi cation,
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which shall include an annual Department of Health inspection to con
rm the continued compliance with its standards.
"The Department of Health shall maintain a list of 'mother-
baby-friendly' establishments, which it shall make available to the
public."
SECTION 14. Section 13 of Republic Act No. 7600 is hereby
renumbered and amended to read as follows:
"SEC. 19. Incentives. — The expenses incurred by a private
health and non-health facility, establishment or institution, in
complying with the provisions of this Act, shall be deductible expenses
for income tax purposes up to twice the actual amount incurred:
Provided, That the deduction shall apply for the taxable period when
the expenses were incurred: Provided, further, That all health and non-
health facilities, establishments and institutions shall comply with the
provisions of this Act within six (6) months after its approval: Provided,
finally, That such facilities, establishments or institutions shall
secure a "Working Mother-Baby-Friendly Certi cate" from the
Department of Health to be filed with the Bureau of Internal Revenue,
before they can avail of the incentive.
"Government facilities, establishments or institutions shall
receive an additional appropriation equivalent to the savings they may
derive as a result of complying with the provisions of this Act. The
additional appropriation shall be included in their budget for the next
fiscal year."
SECTION 15. A new Section 20 shall be added
to read as follows:
"SEC. 20. Implementing Agency. — The Department of Health
shall be principally responsible for the implementation and
enforcement of the provisions of this Act."
SECTION 16. Section 14 of Republic Act No. 7600 is hereby
renumbered and amended to read as follows:
"SEC. 21. Sanctions. — Any private non-health facility,
establishment and institution which unjusti ably refuses or fails to
comply with Sections 6 and 7 of this Act shall be imposed a ne of not
less than Fifty thousand pesos (Php50,000.00) but not more than Two
hundred thousand pesos
(Php200,000.00) on the first offense.
 "On the second offense, a ne of not less than Two hundred concerned, shall issue within one hundred and twenty (120) days upon
thousand pesos (Php200,000.00) but not more than Five hundred its effectivity the rules and regulations necessary to carry out the
thousand pesos (Php500,000.00). provisions of this Act.

"On the third offense, a ne of not less than Five hundred SECTION 19. Separability Clause. — If any clause, sentence,
thousand pesos (Php500,000.00) but not more than One million pesos paragraph or part of this Act shall be declared to be invalid, the
(Php1,000,000.00) and the cancellation or revocation of the business remainder of this Act or any provision not affected thereby shall remain
permits or licenses to operate. in force and effect.

"In all cases, the ne imposed should take into consideration,
among others, number of women employees, physical size of the
establishment, and the average number of women who visit.
"In addition, the Secretary of Health is hereby empowered to
impose
sanctions on health institution for the violation of this Act
and the rules issued thereunder. Such sanctions may be in the form of
reprimand or censure and in cases of repeated willful violations,
suspension of the permit to operate of the erring health institution.
SECTION 20. Repealing Clause. — All laws, presidential
decrees, executive orders, rules and regulations or parts thereof which
are not consistent with this Act are hereby repealed, amended or
modified accordingly.
SECTION 21. Effectivity Clause. — This Act shall take effect
fteen (15) days after its publication in the Ofcial Gazette or in at least
two (2) newspapers of general circulation, whichever comes earlier.
Approved: March 16, 2010.

"Heads, of cials and employees of government health and

non-health facilities, establishments and institutions who violate this
Act shall further be subject to the following administrative penalties:

"First offense — Reprimand;

"Second offense — Suspension for one (1) to thirty (30) days;

and "Third offense — Dismissal.

"This shall be without prejudice to other liabilities applicable

under civil service law and rules."

SECTION 17. Funding. — Government agencies, including

their subdivisions and instrumentalities, shall use their respective
budget for gender and development or their budgets for repairs,
maintenance and materials acquisition to comply with Section

6 hereof. IHCSET

SECTION 18. Rules and Regulations. — The Department of

Health, as the lead agency, in coordination with the Department of
Labor and Employment, the Department of Trade and Industry, the
Department of Justice, the Department of Social Welfare and
Development, the Department of Education, the Department of the
Interior and Local

Government, the Civil Service Commission, the Commission

on Higher Education, the Technical Education and Skills Development
Authority and professional and nongovernmental organizations

CD Technologies Asia, Inc. 2018 cdasiaonline.com


June 2, 1992
REPUBLIC ACT NO. 7600
AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND
PRIVATE HEALTH
INSTITUTIONS WITH ROOMING-IN AND BREAST-FEEDING
PRACTICES AND FOR OTHER PURPOSES
SECTION 1. Title. — This Act shall be known as "The
Rooming-In and Breast-feeding Act of 1992".
SECTION 2. Declaration of Policy. — The State adopts
rooming-in as a national policy to encourage, protect and support the
practice of breast-feeding. It shall create an environment where basic
physical, emotional, and psychological needs of mothers and infants are
fulfilled through the practice of rooming-in and breast-feeding. cd
Breast-feeding has distinct advantages which bene t the
infant and the mother, including the hospital and the country that
adopt its practice. It is the rst preventive health measure that can be
given to the child at birth. It also enhances mother-infant relationship.
Furthermore, the practice of breast-feeding could save the country
valuable foreign exchange that may otherwise be used for milk
importation.
Breastmilk is the best food since it contains essential
nutrients completely suitable for the infant's needs. It is also nature's
rst immunization, enabling the infant to fight potential serious
infection. It contains growth factors that enhance the maturization of
an infant's organ systems.
SECTION 3. Definition of Terms. — For purposes of this Act,
the following de nitions are adopted:
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Age of gestation — the length of time the fetus is inside the
mother's womb.
Bottlefeeding — the method of feeding an infant using a
bottle with artificial nipples, the contents of which can be any type of
fluid.
Breast-feeding — the method of feeding an infant directly
from the human breast.
Breastmilk — the human milk from a mother.
Expressed breastmilk — the human milk which has been
extracted from the breast by hand or by breast pump. It can be fed to
an infant using a dropper, a nasogatric tube, a cup and spoon, or a
bottle.
Formula feeding — the feeding of a newborn with infant
formula usually by bottlefeeding. It is also called artificial feeding. cd
Health institutions — are hospitals, health infirmaries, health
centers, lyingin centers, or puericulture centers with obstetrical and
pediatric services. cda
Health personnel — are professionals and workers who
manage and/or
administer the entire operations of health institutions and/or
who are involved in providing maternal and child health services.
Infant — a child within zero (0) to twelve (12) months of age.
Infant formula — the breastmilk substitute formulated
industrially in accordance with applicable Codex Alimentarius
standards, to satisfy the normal nutritional requirements of infants up
to six (6) months of age, and adopted to their physiological
characteristics.
Lactation management — the general care of a mother-infant
nursing couple during the mother's prenatal, immediate postpartum
and postnatal periods. It deals with educating and providing knowledge
and information to pregnant and lactating mothers on the advantages
of breast-feeding, the physiology of lactation, the establishment and
maintenance of lactation, the proper care of the breasts and nipples,
and such other matters that would contribute to successful
breastfeeding.
Low birth weight infant — a newborn weighing less than two
thousand five hundred (2,500) grams at birth.
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Mother's milk — the breastmilk from the newborn's own
mother.
Rooming-in — the practice of placing the newborn in the
same room as the mother right after delivery up to discharge to
facilitate motherinfant bonding and initiate breast-feeding. The infant
may either share the mother's bed or be placed in a crib beside the
mother.
Seriously ill mothers — are those who are: with severe
infections; in shock; in severe cardiac or respiratory distress; or dying;
or those with other conditions that may be determined by the
attending physician as serious. cdt
Wet-nursing — the feeding of a newborn from another
mother's breast when his/her own mother cannot breast-feed.
CHAPTER I
Rooming-in and Breast-Feeding of Infants
SECTION 4. Applicability. — The provisions in this Chapter
shall apply to all private and government health institutions adopting
rooming-in and breast-feeding as de ned in this Act.
SECTION 5. Normal Spontaneous Deliveries. — The following
newborn infants shall be put to the breast of the mother immediately
after birth and forthwith roomed-in within thirty (30) minutes.
well infants regardless of age of gestation; and
infants with low birth weights but who can suck.
SECTION 6. Deliveries by Caesarian. — Infants delivered by
caesarian section shall be roomed-in and breast-fed within three (3) to
four (4) hours after birth.
SECTION 7. Deliveries Outside Health Institutions. —
Newborns delivered outside
health institutions whose mothers have been admitted to the
obstetrics department/unit and who both meet the general conditions
stated in Section 5 of this Act, shall be roomedin and breast-fed
immediately.
SECTION 8. Exemptions. — Infants whose conditions do not
permit rooming-in and breast-feeding as determined by the attending
physician, and infants whose mothers are either: a) seriously ill; b)
taking medications contraindicated to breast-feeding; c) violent
psychotics; or d) whose conditions do not permit breast-feeding and
 rooming-in as determined by the attending physician shall be exempted
from the provisions of Sections 5, 6, and 7: Provided, That these infants
shall be fed expressed breastmilk or wet-nursed as may be determined
by the attending physician.
SECTION 9. Right of the Mother to Breast-feed. — It shall be
the mother's right to breast-feed her child who equally has the right to
her breastmilk. Bottle-feeding shall be allowed only after the mother
has been informed by the attending health personnel of the advantages
of breast-feeding and the proper techniques of infant formula feeding
and the mother has opted in writing to adopt infant formula feeding for
her infant.
CHAPTER II
Human Milk Bank
SECTION 10. Provision of Facilities for Breastmilk Collection
and Storage. — The health institution adopting rooming-in and breast-
feeding shall provide equipment, facilities, and supplies for breastmilk
collection, storage and utilization, the standards of which shall be
defined by the Department of Health.
CHAPTER III
Information, Education and Re-Education Drive
SECTION 11. Continuing Education, Re-education and Training
of Health Personnel. — The Department of Health with the assistance
of other government agencies, professional and non-governmental
organizations shall conduct continuing information, education, re-
education, and training programs for physicians, nurses, midwives,
nutritionist-dietitians, community health workers and traditional birth
attendants (TBAs) and other health personnel on current and updated
lactation management. cda
Information materials shall be given to all health personnel
involved in maternal and infant care in health institutions.
SECTION 12. Information Dissemination to Pregnant Women.
— During the prenatal, perinatal and postnatal consultations and/or
con nements of the mothers or pregnant women in a health institution,
it shall be the obligation of the health institution and the health
personnel to immediately and continuously teach, train, and support
the women on current and updated lactation management and infant
care, through participatory strategies such as organization of mother's
clubs and breast-feeding support groups and to distribute written
information materials on such matters free of charge.
CHAPTER IV
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Miscellaneous Provisions
SECTION 13. Incentives. — The expenses incurred by a
private health institution in complying with the provisions of this Act,
shall be deductible expenses for income tax purposes up to twice the
actual amount incurred: Provided, That the deduction shall apply for
the taxable period when the expenses were incurred: Provided, further,
That the hospital shall comply with the provisions of this Act within six
(6) months after its approval.
Government health institutions shall receive an additional
appropriation equivalent to the savings they may derive as a result of
adopting rooming-in and breast-feeding. The additional appropriation
shall be included in their budget for the next fiscal year.
SECTION 14. Sanctions. — The Secretary of Health is hereby
empowered to impose sanctions for the violation of this Act and the
rules issued thereunder. Such sanctions may be in the form of
reprimand or censure and in cases of repeated willful violations,
suspension of the permit to operate of the erring health institution.
SECTION 15. Rules and Regulations. — The Secretary of
Health, in consultation with other government agencies, professional
and non-governmental organizations concerned shall promulgate the
rules and regulations necessary to carry out the provisions of this Act.
SECTION 16. Repealing Clause. — All acts, laws, decrees,
executive orders, rules and regulations or parts thereof, which are
contrary to or inconsistent with this Act are hereby repealed, amended,
or modified accordingly.
SECTION 17. Separability Clause. — If any clause, sentence,
paragraph or part of this Act shall be declared to be invalid, the
remainder of this Act or any provision not affected thereby shall remain
in force and effect. cd
SECTION 18. Effectivity. — This Act shall take effect one
hundred twenty (120) days after publication in at least two (2)
newspapers of general circulation.
Approved: June 2, 1992
Published in Malaya and the Philippine Times Journal on June
8, 1992. Published in the Official Gazette, Vol. 88 No. 29 page 4659 on
July 20, 1992.
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