[REPUBLIC ACT NO.
10361]
AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as the
Domestic Workers Act or Batas Kasambahay. employer shall provide for the basic necessities of the
SEC. 2. Declaration of Policies. It is hereby declared that:
(a) The State strongly affirms labor as a primary social
force and is committed to respect, promote, protect and
realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor,
elimination of all forms of forced labor, discrimination in
employment and occupation, and trafficking in persons,
especially women and children;
(b) The State adheres to internationally accepted working
conditions for workers in general, and establishes labor
standards for domestic workers in particular, towards
decent employment and income, enhanced coverage of
social protection, respect for human rights and
strengthened social dialogue;
(c) The State recognizes the need to protect the rights of
domestic workers against abuse, harassment, violence,
economic exploitation and performance of work that is
hazardous to their physical and mental health; and
(d) The State, in protecting domestic workers and
recognizing their special needs to ensure safe and
healthful working conditions, promotes gender-sensitive
measures in the formulation and implementation of
policies and programs affecting the local domestic work.
SEC. 3. Coverage. This Act applies to all domestic workers
employed and working within the country.
SEC. 4. Definition of Terms. As used in this Act, the term:
(a) Debt bondage refers to the rendering of service by the
domestic worker as security or payment for a debt where
the length and nature of service is not clearly defined or
when the value of the service is not reasonably applied in
the payment of the debt.
(b) Deployment expenses refers to expenses that are
directly used for the transfer of the domestic worker from
place of origin to the place of work covering the cost of
transportation. Advances or loans by the domestic worker
are not included in the definition of deployment expenses.
(c) Domestic work refers to work performed in or for a
household or households.
(d) Domestic worker or Kasambahay refers to any
person engaged in domestic work within an employment
relationship such as, but not limited to, the following:
general househelp, nursemaid or yaya, cook, gardener,
or laundry person, but shall exclude any person who
performs domestic work only occasionally or sporadically
and not on an occupational basis.
The term shall not include children who are under foster
family arrangement, and are provided access to education
and given an allowance incidental to education, i.e.
baon, transportation, school projects and school
activities.
(e) Employer refers to any person who engages and
controls the services of a domestic worker and is party to
the employment contract.
(f) Household refers to the immediate members of the
family or the occupants of the house that are directly
provided services by the domestic worker.
(g) Private Employment Agency (PEA) refers to any
individual, legitimate partnership, corporation or entity
licensed to engage in the recruitment and placement of
domestic workers for local employment.
(h) Working children, as used under this Act, refers to
domestic workers who are fifteen (15) years old and above
but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
SEC. 5. Standard of Treatment. The employer or any
member of the household shall not subject a domestic worker
or kasambahay to any kind of abuse nor inflict any form of
physical violence or harassment or any act tending to degrade
the dignity of a domestic worker.
SEC. 6. Board, Lodging and Medical Attendance. The
domestic worker to include at least three (3) adequate meals
a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and
assistance to the domestic worker in case of illnesses and
injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in
abeyance the provision of these basic necessities as
punishment or disciplinary action to the domestic worker.
SEC. 7. Guarantee of Privacy. Respect for the privacy of
the domestic worker shall be guaranteed at all times and shall
extend to all forms of communication and personal effects.
This guarantee equally recognizes that the domestic worker is
obliged to render satisfactory service at all times.
SEC. 8. Access to Outside Communication. The
employer shall grant the domestic worker access to outside
communication during free time: Provided, That in case of
emergency, access to communication shall be granted even
during work time. Should the domestic worker make use of
the employers telephone or other communication facilities,
the costs shall be borne by the domestic worker, unless such
charges are waived by the employer.
SEC. 9. Right to Education and Training. The employer
shall afford the domestic worker the opportunity to finish
basic education and may allow access to alternative learning
systems and, as far as practicable, higher education or
technical and vocational training. The employer shall adjust
the work schedule of the domestic worker to allow such
access to education or training without hampering the
services required by the employer.
SEC. 10. Prohibition Against Privileged Information.
All communication and information pertaining to the employer
or members of the household shall be treated as privileged
and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such
privileged information shall be inadmissible in evidence
except when the suit involves the employer or any member of
the household in a crime against persons, property, personal
liberty and security, and chastity.
ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract. An employment contract
shall be executed by and between the domestic worker and
the employer before the commencement of the service in a
language or dialect understood by both the domestic worker
and the employer. The domestic worker shall be provided a
copy of the duly signed employment contract which must
include the following:
(a) Duties and responsibilities of the domestic worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.
The Department of Labor and Employment (DOLE)
shall develop a model employment contract for domestic
workers which shall, at all times, be made available free of
charge to domestic workers, employers, representative
organizations and the general public. The DOLE shall widely
disseminate information to domestic workers and employers
on the use of such model employment contract.
In cases where the employment of the domestic
worker is facilitated through a private employment agency,
the PEA shall keep a copy of all employment contracts of
domestic workers and shall be made available for verification
and inspection by the DOLE.
SEC. 12. Pre-Employment Requirement. Prior to the
execution of the employment contract, the employer may
require the following from the domestic worker:
(a) Medical certificate or a health certificate issued by a
local government health officer;
(b) Barangay and police clearance;
(c) National Bureau of Investigation (NBI) clearance; and
(d) Duly authenticated birth certificate or if not available,
any other document showing the age of the domestic
worker such as voters identification card, baptismal
record or passport.
However, Section 12(a), (b), (c) and (d) shall be
standard requirements when the employment of the domestic
worker is facilitated through the PEA.
The cost of the foregoing shall be borne by the
prospective employer or agency, as the case may be.
SEC. 13. Recruitment and Finders Fees. Regardless of
whether the domestic worker was hired through a private
employment agency or a third party, no share in the
recruitment or finders fees shall be charged against the
domestic worker by the said private employment agency or
third party.
SEC. 14. Deposits for Loss or Damage. It shall be
unlawful for the employer or any other person to require a
domestic worker to make deposits from which deductions
shall be made for the reimbursement of loss or damage to
tools, materials, furniture and equipment in the household.
SEC. 15. Prohibition on Debt Bondage. It shall be
unlawful for the employer or any person acting on behalf of
the employer to place the domestic worker under debt
bondage.
SEC. 16. Employment Age of Domestic Workers. It shall
be unlawful to employ any person below fifteen (15) years of
age as a domestic worker. Employment of working children, as
defined under this Act, shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of
Section 12-D, and Section 13 of Republic Act No. 7610, as
amended, otherwise known as the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination
Act.
Working children shall be entitled to minimum wage,
and all benefits provided under this Act.
Any employer who has been sentenced by a court of
law of any offense against a working child under this Act shall
be meted out with a penalty one degree higher and shall be
prohibited from hiring a working child.
SEC. 17. Employers Reportorial Duties. The employers
shall register all domestic workers under their employment in
the Registry of Domestic Workers in the barangay where the
employers residence is located. The Department of the
Interior and Local Government (DILG) shall, in coordination
with the DOLE, formulate a registration system for this
purpose.
SEC. 18. Skills Training, Assessment and Certification.
To ensure productivity and assure quality services, the DOLE,
through the Technical Education and Skills Development
Authority (TESDA), shall facilitate access of domestic workers
to efficient training, assessment and certification based on a
duly promulgated training regulation.
ARTICLE IV
EMPLOYMENT TERMS AND CONDITIONS
SEC. 19. Health and Safety. The employer shall safeguard
the health and safety of the domestic worker in accordance
with laws, rules and regulations, with due consideration of the
peculiar nature of domestic work.
SEC. 20. Daily Rest Period. The domestic worker shall be
entitled to an aggregate daily rest period of eight (8) hours
per day.
SEC. 21. Weekly Rest Period. The domestic worker shall be
entitled to at least twenty-four (24) consecutive hours of rest
in a week. The employer and the domestic worker shall agree
in writing on the schedule of the weekly rest day of the
domestic worker: Provided, That the employer shall respect
the preference of the domestic worker as to the weekly rest
day when such preference is based on religious grounds.
Nothing in this provision shall deprive the domestic worker
and the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent
daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
SEC. 22. Assignment to Nonhousehold Work. No
domestic worker shall be assigned to work in a commercial,
industrial or agricultural enterprise at a wage rate lower than
that provided for agricultural or nonagricultural workers. In
such cases, the domestic worker shall be paid the applicable
minimum wage.
SEC. 23. Extent of Duty. The domestic worker and the
employer may mutually agree for the former to temporarily
perform a task that is outside the latters household for the
benefit of another household. However, any liability that will
be incurred by the domestic worker on account of such
arrangement shall be borne by the original employer. In
addition, such work performed outside the household shall
entitle the domestic worker to an additional payment of not
less than the existing minimum wage rate of a domestic
worker. It shall be unlawful for the original employer to charge
any amount from the said household where the service of the
domestic worker was temporarily performed.
SEC 24. Minimum Wage. The minimum wage of domestic
workers shall not be less than the following:
(a) Two thousand five hundred pesos (P2,500.00) a month
for those employed in the National Capital Region (NCR);
(b) Two thousand pesos (P2,000.00) a month for those
employed in chartered cities and first class municipalities;
and
(c) One thousand five hundred pesos (P1,500.00) a month
for those employed in other municipalities.
After one (1) year from the effectivity of this Act, and
periodically thereafter, the Regional Tripartite and Productivity
Wage Boards (RTPWBs) shall review, and if proper, determine
and adjust the minimum wage rates of domestic workers.
SEC 25. Payment of Wages. Payment of wages shall be
made on time directly to the domestic worker to whom they
are due in cash at least once a month. The employer, unless
allowed by the domestic worker through a written consent,
shall make no deductions from the wages other than that
which is mandated by law. No employer shall pay the wages
of a domestic worker by means of promissory notes, vouchers,
coupons, tokens, tickets, chits, or any object other than the
cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as
provided for by law.
SEC. 26. Pay Slip. The employer shall at all times provide
the domestic worker with a copy of the pay slip containing the
amount paid in cash every pay day, and indicating all
deductions made, if any. The copies of the pay slip shall be
kept by the employer for a period of three (3) years.
SEC. 27. Prohibition on Interference in the Disposal of
Wages. It shall be unlawful for the employer to interfere
with the freedom of any domestic worker to dispose of the
latters wages. The employer shall not force, compel or oblige
the domestic worker to purchase merchandise, commodities
or other properties from the employer or from any other
person, or otherwise make use of any store or services of such
employer or any other person.
SEC 28. Prohibition Against Withholding of Wages. It
shall be unlawful for an employer, directly or indirectly, to
withhold the wages of the domestic worker. If the domestic
worker leaves without any justifiable reason, any unpaid
salary for a period not exceeding fifteen (15) days shall be
forfeited. Likewise, the employer shall not induce the
domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means
whatsoever.
SEC. 29. Leave Benefits. A domestic worker who has
rendered at least one (1) year of service shall be entitled to an
annual service incentive leave of five (5) days with
pay: Provided, That any unused portion of said annual leave
shall not be cumulative or carried over to the succeeding
years. Unused leaves shall not be convertible to cash.
SEC. 30. Social and Other Benefits. A domestic worker
who has rendered at least one (1) month of service shall be
covered by the Social Security System (SSS), the Philippine
Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to
all the benefits in accordance with the pertinent provisions
provided by law.
Premium payments or contributions shall be
shouldered by the employer. However, if the domestic worker
is receiving a wage of Five thousand pesos (P5,000.00) and
above per month, the domestic worker shall pay the
proportionate share in the premium payments or
contributions, as provided by law.
The domestic worker shall be entitled to all other
benefits under existing laws.
SEC. 31. Rescue and Rehabilitation of Abused Domestic
Workers. Any abused or exploited domestic worker shall be
immediately rescued by a municipal or city social welfare
officer or a social welfare officer from the Department of
Social Welfare and Development (DSWD) in coordination with
the concerned barangay officials. The DSWD and the DILG
shall develop a standard operating procedure for the rescue
and rehabilitation of abused domestic workers, and in
coordination with the DOLE, for possible subsequent job
placement.
ARTICLE V
POST EMPLOYMENT
SEC. 32. Termination of Service. Neither the domestic
worker nor the employer may terminate the contract before
the expiration of the term except for grounds provided for in
Sections 33 and 34 of this Act. If the domestic worker is
unjustly dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of fifteen
(15) days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not
exceeding the equivalent fifteen (15) days work shall be
forfeited. In addition, the employer may recover from the
domestic worker costs incurred related to the deployment
expenses, if any: Provided, That the service has been
terminated within six (6) months from the domestic workers
employment.
If the duration of the domestic service is not
determined either in stipulation or by the nature of the
service, the employer or the domestic worker may give notice
to end the working relationship five (5) days before the
intended termination of the service.
The domestic worker and the employer may mutually
agree upon written notice to pre-terminate the contract of
employment to end the employment relationship.
SEC. 33. Termination Initiated by the Domestic
Worker. The domestic worker may terminate the
employment relationship at any time before the expiration of
the contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by
the employer or any member of the household;
(b) Inhuman treatment including physical abuse of the
domestic worker by the employer or any member of the
household;
(c) Commission of a crime or offense against the domestic
worker by the employer or any member of the household;
(d) Violation by the employer of the terms and conditions
of the employment contract and other standards set forth
under this law;
(e) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.
SEC. 34. Termination Initiated by the Employer. An
employer may terminate the services of the domestic worker
at any time before the expiration of the contract, for any of
the following causes:
(a) Misconduct or willful disobedience by the domestic
worker of the lawful order of the employer in connection
with the formers work;
(b) Gross or habitual neglect or inefficiency by the
domestic worker in the performance of duties;
(c) Fraud or willful breach of the trust reposed by the
employer on the domestic worker;
(d) Commission of a crime or offense by the domestic
worker against the person of the employer or any
immediate member of the employers family;
(e) Violation by the domestic worker of the terms and
conditions of the employment contract and other
standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
SEC. 35. Employment Certification. Upon the severance
of the employment relationship, the employer shall issue the
domestic worker within five (5) days from request a certificate
of employment indicating the nature, duration of the service
and work performance.
ARTICLE VI
PRIVATE EMPLOYMENT AGENCIES
SEC. 36. Regulation of Private Employment Agencies
(PEAs). The DOLE shall, through a system of licensing and
regulation, ensure the protection of domestic workers hired
through the PEAs.
The PEA shall be jointly and severally liable with the
employer for all the wages, wage-related benefits, and other
benefits due a domestic worker.
The provision of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the
Philippines, on qualifications of the PEAs with regard to
nationality, networth, owners and officers, office space and
other requirements, as well as non-transferability of license
and commission of prohibited practices, shall apply.
In addition, PEAs shall have the following
responsibilities:
(a) Ensure that domestic workers are not charged or levied
any recruitment or placement fees;
(b) Ensure that the employment agreement between the
domestic worker and the employer stipulates the terms
and conditions of employment and all the benefits
prescribed by this Act;
(c) Provide a pre-employment orientation briefing to the
domestic worker and the employer about their rights and
responsibilities in accordance with this Act;
(d) Keep copies of employment contracts and agreements
pertaining to recruited domestic workers which shall be
made available during inspections or whenever required
by the DOLE or local government officials;
 (e) Assist domestic workers with respect to complaints or
grievances against their employers; and
(f) Cooperate with government agencies in rescue
operations involving abused or exploited domestic
workers.
ARTICLE VII
SETTLEMENT OF DISPUTES
SEC. 37. Mechanism for Settlement of Disputes. All
labor-related disputes shall be elevated to the DOLE Regional
Office having jurisdiction over the workplace without prejudice
to the filing of a civil or criminal action in appropriate cases.
The DOLE Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be rendered.
Ordinary crimes or offenses committed under the Revised
Penal Code and other special penal laws by either party shall
be filed with the regular courts.
ARTICLE VIII
SPECIAL PROVISIONS
SEC. 38. Information Program. The DOLE shall, in
coordination with the DILG, the SSS, the PhilHealth and Pag-
IBIG develop and implement a continuous information
dissemination program on the provisions of this Act, both at
the national and local level, immediately after the enactment
of this law.
SEC. 39. Araw Ng Mga Kasambahay. The date upon
which the President shall approve this Domestic Workers Act
shall be designated as the Araw ng mga Kasambahay.
ARTICLE IX
PENAL AND MISCELLANEOUS PROVISIONS
SEC. 40. Penalty. Any violation of the provisions of this Act
declared unlawful shall be punishable with a fine of not less
than Ten thousand pesos (P10,000.00) but not more than
Forty thousand pesos (P40,000.00) without prejudice to the
filing of appropriate civil or criminal action by the aggrieved
party.
SEC. 41. Transitory Provision; Non-Diminution of
Benefits. All existing arrangements between a domestic
worker and the employer shall be adjusted to conform to the
minimum standards set by this Act within a period of sixty
(60) days after the effectivity of this Act: Provided, That
adjustments pertaining to wages shall take effect immediately
after the determination and issuance of the appropriate wage
order by the RTWPBs: Provided, further, That nothing in this
Act shall be construed to cause the diminution or substitution
of any benefits and privileges currently enjoyed by the
domestic worker hired directly or through an agency.
SEC. 42. Implementing Rules and Regulations. Within
ninety (90) days from the effectivity of this Act, the Secretary
of Labor and Employment, the Secretary of Social Welfare and
Development, the Secretary of the Interior and Local
Government, and the Director General of the Philippine
National Police, in coordination with other concerned
government agencies and accredited nongovernment
organizations (NGOs) assisting domestic workers, shall
promulgate the necessary rules and regulations for the
effective implementation of this Act.
ARTICLE X
FINAL PROVISIONS
SEC. 43. 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.
SEC. 44. Repealing Clause. All articles or provisions of
Chapter III (Employment of Househelpers) of Presidential
Decree No. 442, as amended and renumbered by Republic Act
No. 10151 are hereby expressly repealed. All laws, decrees,
executive orders, issuances, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 45. Effectivity Clause. This Act shall take effect
fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of general
circulation.
Approved, This Act which is a consolidation of Senate Bill No.
78 and House Bill No. 6144 was finally passed by the Senate
and the House of Representatives on November 27, 2012 and
November 26, 2012, respectively.
Approved: JAN 18 2013
REPUBLIC ACT NO. 8042
AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS
EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF
PROTECTION AND PROMOTION OF THE WELFARE OF
MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS
FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Short Title. This act shall be known and cited
as the Migrant Workers and Overseas Filipinos Act of 1995.
SEC. 2. Declaration Of Policies
(a) In the pursuit of an independent foreign policy and
while considering national sovereignty, territorial integrity,
national interest and the right to self-determination
paramount in its relations with other states, the State
shall, at all times, uphold the dignity of its citizens whether
in country or overseas, in general, and Filipino migrant
workers, in particular.
(b) The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for
all. Towards this end, the State shall provide adequate and
timely social, economic and legal services to Filipino
migrant workers.
(c) While recognizing the significant contribution of Filipino
migrant workers to the national economy through their
foreign exchange remittances, the State does not promote
overseas employment as a means to sustain economic
growth and achieve national development. The existence
of the overseas employment program rests solely on the
assurance that the dignity and fundamental human rights
and freedoms of the Filipino citizens shall not, at any time,
be compromised or violated. The State, therefore, shall
continuously create local employment opportunities and
promote the equitable distribution of wealth and the
benefits of development.
(d) The State affirms the fundamental equality before the
law of women and men and the significant role of women
in nation-building. Recognizing the contribution of
overseas migrant women workers and their particular
vulnerabilities, the State shall apply gender sensitive
criteria in the formulation and implementation of policies
and programs affecting migrant workers and the
composition of bodies tasked for the welfare of migrant
workers.
(e) Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
persons by reason of poverty. In this regard, it is
imperative that an effective mechanism be instituted to
ensure that the rights and interest of distressed overseas
Filipinos, in general, and Filipino migrant workers, in
particular, documented or undocumented, are adequately
protected and safeguarded.
(f) The right of Filipino migrant workers and all overseas
Filipinos to participate in the democratic decision-making
processes of the State and to be represented in
institutions relevant to overseas employment is
recognized and guaranteed.
 (g) The State recognizes that the ultimate protection to all
migrant workers is the possession of skills. Pursuant to this
and as soon as practicable, the government shall deploy
and/or allow the deployment only to skilled Filipino
workers.
(h) Non-governmental organizations, duly recognized as
legitimate, are partners of the State in the protection of
Filipino migrant workers and in the promotion of their
welfare, the State shall cooperate with them in a spirit of
trust and mutual respect.
(i) Government fees and other administrative costs of
recruitment, introduction, placement and assistance to
migrant workers shall be rendered free without prejudice
to the provision of Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers,
whether land-based or sea-based by local service contractors
and manning agencies employing them shall be encouraged.
Appropriate incentives may be extended to them.
SEC. 3. DEFINITIONS. For purposes of this Act:
(a) Migrant worker refers to a person who is to be
engaged, is engaged or has been engaged in a
renumerated activity in a state of which he or she is not a
legal resident to be used interchangeably with overseas
Filipino worker.
(b) Gender-sensitivity shall mean cognizance of the
inequalities and inequities prevalent in society between
women and men and a commitment to address issues with
concern for the respective interests of the sexes.
(c) Overseas Filipinos refers to dependents of migrant
workers and other Filipino nationals abroad who are in
distress as mentioned in Sections 24 and 26 of this Act.
I.
DEPLOYMENT
SEC. 4. Deployment of Migrant Workers The State shall
deploy overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected. The
government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the
rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the
rights of migrant workers;
(b) It is a signatory to multilateral conventions, declaration
or resolutions relating to the protection of migrant
workers;
(c) It has concluded a bilateral agreement or arrangement
with the government protecting the rights of overseas
Filipino workers; and
(d) It is taking positive, concrete measures to protect the
rights of migrant workers.
SEC. 5. TERMINATION ORBANONDEPLOYMENT
Notwithstanding the provisions of Section 4 hereof, the
government, in pursuit of the national interest or when public
welfare so requires, may, at any time, terminate or impose a
ban on the deployment of migrant workers.
II.
ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers
and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not,
when undertaken by a non-license or non-holder of authority
contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the
Philippines. Provided, that such non-license or non-holder,
who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged.
It shall likewise include the following acts, whether committed
by any persons, whether a non-licensee, non-holder, licensee
or holder of authority.
(a) To charge or accept directly or indirectly any amount
greater than the specified in the schedule of allowable
fees prescribed by the Secretary of Labor and
Employment, or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or
document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or
document or commit any act of misrepresentation for the
purpose of securing a license or authority under the Labor
Code;
(d) To induce or attempt to induce a worker already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any persons or
entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of placement of workers in
jobs harmful to public health or morality or to dignity of
the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly
authorized representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange
earnings, separations from jobs, departures and such
other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the
Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including
the period of the expiration of the same without the
approval of the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement
agency to become an officer or member of the Board of
any corporation engaged in travel agency or to be
engaged directly on indirectly in the management of a
travel agency;
(k) To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under the
Labor Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment;
and
(m) Failure to reimburse expenses incurred by the workers
in connection with his documentation and processing for
purposes of deployment, in cases where the deployment
does not actually take place without the workers fault.
Illegal recruitment when committed by a syndicate or in
large scale shall be considered as offense involving
economic sabotage.
Illegal recruitment is deemed committed by a
syndicate 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.
The persons criminally liable for the above offenses
are the principals, accomplices and accessories. In case of
juridical persons, the officers having control, management or
direction of their business shall be liable.
SEC. 7. PENALTIES
(a) Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years
and a fine not less than two hundred thousand pesos
(P200,000.00) nor more than five hundred thousand pesos
(P500,000.00).
(b) The penalty of life imprisonment and a fine of not less
than five hundred thousand pesos (P500,000.00) nor more
than one million pesos (P1,000,000.00) shall be imposed if
illegal recruitment constitutes economic sabotage as
defined herein.
Provided, however, that the maximum penalty shall be
imposed if the person illegally recruited is less than
 eighteen (18) years of age or committed by a non-licensee
or non-holder of authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES.
Ot shall be unlawful for any official or employee of the
Department of Labor and Employment, the Philippine
Overseas Employment Administration, or the Overseas
Workers Welfare Administration, or the Department of Foreign
Affairs, or other government agencies involved in the
implementation of this Act, or their relatives within the fourth
civil degree of consanguinity or affinity, to engage, directly or
indirectly, in the business of recruiting migrant workers as
defined in this Act. The penalties shall be imposed upon them.
SEC. 9. VENUE. A criminal action arising from illegal
recruitment as defined herein shall be filed with the Regional
Trial Court of the province or city where the offense was
committed or where the offended party actually resides at the
same 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. Provided,
however, That the aforestated provisions shall also apply to
those criminal actions that have already been filed in court at
the time of the effectivity of this Act.
SEC. 10. MONEY CLAIMS. Botwithstanding any provision
of law to the contrary, the Labor Arbiters of the National Labor
Relations Commission (NLRC) shall have the priginal and
exclusive jurisdiction to hear and decide, within ninety (90)
calendar days after filing of the complaint, the claims arising
out of an employer-employee relationship or by virtue of any
law or contract involving Filipino workers for overseas
deployment including claims for actual, moral, exemplary and
other forms of damages.
The liability of the principal/employer and the
recruitment/placement agency for any and all claims under
this section shall be joint and several. This provisions shall be
incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The
performance bond to be filed by the recruitment/placement
agency, as provided by law, shall be answerable for all money
claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the case may
be, shall themselves be jointly and solidarily liable with the
corporation or partnership for the aforesaid claims and
damages.
Such liabilities shall continue during the entire period
or duration of the employment contract and shall not be
affected by any substitution, amendment or modification
made locally or in a foreign country of the said contract.
Any compromise/amicable settlement or voluntary
agreement on money claims inclusive of damages under this
section shall be paid within four (4) months from the approval
of the settlement by the appropriate authority.
In case of termination of overseas employment
without just, valid or authorized cause as defined by law or
contract, the workers shall be entitled to the full
reimbursement of his placement fee with interest of twelve
percent (12%) per annum, plus his salaries for the unexpired
portion of his employment contract or for three (3) months for
every year of the unexpired term, whichever is less.
Non-compliance with the mandatory periods for
resolutions of cases provided under this section shall subject
the responsible officials to any or all of the following penalties:
(a) The salary of any such official who fails to render his
decision or resolutions within the prescribed period shall
be, or caused to be, withheld until the said official
complies therewith;
(b) Suspension for not more than ninety (90) days; or
(c) Dismissal from the service with disqualifications to hold
any appointive public office for five (5) years.
Provided, however, that the penalties herein provided
shall be without prejudice to any liability which any such
official may have incurred under other existing laws or rules
and regulations as a consequence of violating the provisions
of this paragraph.
SEC. 11. MANADATORY PERIODS FOR RESOLUTION OF
ILLEGAL RECRUITMENT CASES. The preliminary
investigations of cases under this Act shall be terminated
within a period of thirty (30) calendar days from the date of
their filing. Where the preliminary investigation is conducted
by a prosecution officer and a prima facie case is established,
the corresponding information shall be filed in court within
twenty-four (24) hours from the termination of the
investigation. If the preliminary investigation is conducted by
a judge and a prima facie case is found to exist, prosecution
officer within forty-eight (48) hours from the date of receipt of
the records of the case.
SEC. 12. PRESCRIPTIVE PERIODS. Illegal recruitment
cases under this Act shall prescribe in five (5) years: Provided,
however, That illegal recruitment cases involving economic
sabotage as defined herein shall prescribe in twenty (20)
years.
SEC. 13. FREE LEGAL ASSISTANCE, PREFERENTIAL
ENTITLEMENT UNDER THE WITNESS PROTECTION
PROGRAM. A mechanism for free legal assistance for
victims of illegal recruitment shall be established within the
Department of Labor and Employment including its regional
offices. Such mechanism must include coordination and
cooperation with the Department of Justice, the Integrated Bar
of the Philippines, and other non-governmental organizations
and volunteer groups.
The provisions of Republic Act No. 6981 to the
contrary, notwithstanding, any person who is a victim of
illegal recruitment shall be entitled to the Witness Protection
Program provided thereunder.
III.
SERVICES
SEC. 14. TRAVEL ADVISORY/INFORMATION
DISSEMINATION. To give utmost priority to the
establishment of programs and services to prevent illegal
recruitment, fraud, and exploitation or abuse of Filipino
migrant workers, all embassies and consular offices, through
the Philippine Overseas Employment Administration (POEA),
shall issue travel advisories or disseminate information on
labor and employment conditions, migration realities and
other facts; and adherence of particular countries to
international standards on human and workers rights which
will adequately prepare individuals into making informed and
intelligent decisions about overseas employment. Such
advisory or information shall be published in a newspaper of
general circulation at least three (3) times in every quarter.
SEC. 15. REPATRIATION OF WORKERS; EMERGENCY
REPATRIATION FUND. The repatriation of the worker and
the transport of his personal belongings shall be the primary
responsibility of the agency which recruited or deployed the
worker overseas. All costs attendant to repatriation shall be
borne by or charged to the agency concerned and/or its
principal. Likewise, the repatriation of remains and transport
of the personal belongings of a deceased worker and all costs
attendant thereto shall be borne by the principal and/or local
agency. However, in cases where the termination of
employment is due solely to the fault of the worker, the
principal/employer or agency shall not in any manner be
responsible for the repatriation of the former and/or his
belongings.
The Overseas Workers Welfare Administration
(OWWA), in coordination ith appropriate international
agencies, shall undertake the repatriation of workers in cases
of war, epidemic, disasters or calamities, natural or man-
made, and other similar events without prejudice to
reimbursement by the responsible principal or agency.
However, in cases where the principal or recruitment agency
cannot be identified, all costs attendant to repatriation shall
be borne by the OWWA.
For this purposes, there is hereby created and
established an emergency repatriation fund under the
administration control and supervision of the OWWA, initially
to consist of one hundred million pesos (P100,000,000.00),
inclusive of outstanding balances.
SEC. 16. MANDATORY REPATRIATION OF UNDERAGE
MIGRANT WORKERS. Upon discovery or being informed of
the presence of migrant workers whose actual ages fall below
the minimum age requirement for overseas deployment, the
responsible officers in the foreign service shall without delay
repatriate said workers and advise the Department of Foreign
Affairs through the fastest means of communication availavle
of such discovery and other relevant information.
SEC. 17. ESTABLISHMENT OF RE-PLACEMENT AND
MONITORING CENTER. A replacement and monitoring
center is hereby created in the Department of Labor and
Employment for returning Filipino migrant workers which shall
provide a mechanism for their reintegration into the Philippine
society, serve as a promotion house for their local
employment, and tap their skills and potentials for national
development.
The Department of Labor and Employment, the
Overseas Workers Welfare Administration, and the Philippine
Overseas Employment Administration shall, within ninety (90)
days from the effectivity of this Act, formulate a program that
would motivate migrant workers to plan for productive options
such as entry into highly technical jobs or undertakings,
livelihood and entrepreneurial development, better wage
employment, and investment of savings.
For this purpose, the Technical Education and Skills
Development Authority (TESDA), the Technology Livelihood
Resource Center (TLRC), and other government agencies
involved in training and livelihood development shall give
priority to return who had been employed as domestic helpers
and entertainers.
SEC. 18. FUNCTIONS OF THE RE-PLACEMENT AND
MONITORING CENTER. The center shall provide the
following service:
(a) Develop livelihood programs and projects for returning
Filipino migrant workers in coordination with the private
sector;
(b) Coordinate with appropriate private and government
agencies the promotion, development, re-placement and
the full utilization of their potentials;
(c) Institute in cooperation with other government
agencies concerned, a computer-based information
system on skilled Filipino migrant workers which shall be
accessible to all local recruitment agencies and employers,
both public and private;
(d) Provide a periodic study and assessment of job
opportunities for returning Filipino migrant workers.
SEC. 19. ESTABLISHMENT OF A MIGRANT WORKERS
AND OTHER OVERSEAS FILIPINOS RESOURCE CENTER.
Within the premises and under the administrative jurisdiction
of the Philippine Embassy in countries where there are large
concentrations of Filipino migrant workers, there shall be
establish a Migrant Workers and Other Overseas Filipinos
Resource Center with the following services:
(a) Counseling and legal services;
(b) Welfare assistance including the procurement of
medical and hospitalization services;
(c) Information, advisory and programs to promote social
integration such as post-arrival orientation, settlement and
community networking services for social integration;
(d) Institute a scheme of registration of undocumented
workers to bring them within the purview of this Act. For
this purpose, the Center is enjoined to compel existing
undocumented workers to register with it within six (6)
months from the effectivity of this Act, under pain of
having his/her passport cancelled;
(e) Human resource development, such as training and
skills upgrading;
(f) Gender sensitive programs and activities to assist
particular needs of women migrant workers;
(g) Orientation program for returning workers and other
migrants; and
(h) Monitoring of daily situations, circumstances and
activities affecting migrant workers and other overseas
Filipinos.
The establishment and operations of the Center shall
be a joint undertaking of the various government agencies.
The Center shall be open for twenty-four (24) hours daily,
including Saturdays, Sundays and holidays, and shall be
staffed by Foreign Service personnel, service attaches or
officers who represent other organizations from the host
countries. In countries categorized as highly problematic by
the Department of Foreign Affairs and the Department of
Labor and Employment and where there is a concentration of
Filipino migrant workers, the government must provide a
lawyer and a social worker for the Center. The Labor Attache
shall coordinate the operation of the Center and shall keep the
Chief of Mission informed and updated on all matters affecting
it.
The Center shall have a counterpart 24-hour
information and assistance center at the Department of
Foreign Affairs to ensure a continuous network and
coordinative mechanism at the home office.
SEC. 20. ESTABLISHMENT OF A SHARED GOVERNMENT
INFORMATION SYSTEM FOR MIGRATION. An inter-
agency committee composed of the Department of Foreign
Affairs and its attached agency, the Commission on Filipino
Overseas, the Department of Labor and Employment, the
Philippine Overseas Employment Administration, The
Overseas Workers Welfare Administration, The Department of
Tourism, the Department of Justice, the Bureau of
Immigration, the National Bureau of Investigation, and the
National Statistics Office shall be established to implement a
shared government information system for migration. The
inter-agency committee shall initially make available to itself
the information contained in existing data bases/files. The
second phase shall involve linkaging of computer facilities in
order to allow free-flow data exchanges and sharing among
concerned agencies.
The inter-agency committee shall convene to identify
existing data bases which shall be declassified and shared
among member agencies. These shared data bases shall
initially include, but not limited to, the following information:
(a) Masterlists of departing/arriving Filipinos;
(b) Inventory of pending legal cases involving Filipino
migrant workers and other Filipino nationals, including
those serving prison terms;
(c) Masterlists of departing/arriving Filipinos;
(d) Statistical profile on Filipino migrant workers/overseas
Filipinos/Tourists;
(e) Blacklisted foreigners/undesirable aliens;
(f) Basic data on legal systems, immigration policies,
marriage laws and civil and criminal codes in receiving
countries particularly those with the large numbers of
Filipinos;
(g) List of labor and other human rights instruments where
receiving countries are signatories;
(h) A tracking system of past and present gender
disaggregated cases involving male and female migrant
workers; and
(i) Listing of overseas posts which may render assistance
to overseas Filipinos, in general, and migrant workers, in
particular.
SEC. 21. MIGRANT WORKERS LOAN GUARANTEE FUND.
In order to further prevent unscrupulous illegal recruiters from
taking advantage of workers seeking employment abroad, the
OWWA, in coordination with government financial institutions,
shall institute financing schemes that will expand the grant of
pre-departure loan and family assistance loan. For this
purpose, a Migrant Workers Loan Guarantee Fund is hereby
created and the revolving amount of one hundred million
pesos (P100,000,000.00) from the OWWA is set aside as a
guarantee fund in favor of participating government financial
institutions.
SEC. 22. RIGHTS AND ENFORCEMENT MECHANISM
UNDER INTERNATIONAL AND REGIONAL HUMAN RIGHTS
SYSTEMS. The Department of Foreign Affairs is mandated
to undertake the necessary initiative such as promotions,
acceptance or adherence of countries receiving Filipino
workers to multilateral convention, declaration or resolutions
pertaining to the protection of migrant workers rights. The
Department of Foreign Affairs is also mandated to make an
assessment of rights and avenues of redress under
international and regional human rights systems that are
available to Filipino migrant workers who are victims of abuse
and violation and, as far as practicable and through the Legal
Assistant for Migrant Workers Affairs created under this Act,
pursue the same on behalf of the victim if it is legally
impossible to file individual complaints. If a complaints
machinery is available under international or regional
systems, the Department of Foreign Affairs shall fully apprise
the Filipino migrant workers of the existence and effectiveness
of such legal options.
IV.
GOVERNMENT AGENCIES
SEC. 23. ROLE OF GOVERNMENT AGENCIES. The
following government agencies shall perform the following to
promote the welfare and protect the rights of migrant workers
and, as far as applicable, all overseas Filipinos:
(a) Department of Foreign Affairs. The Department,
through its home office or foreign posts, shall take priority
action its home office or foreign posts, shall take priority
action or make representation with the foreign authority
concerned to protect the rights of migrant workers and
other overseas Filipinos and extend immediate assistance
including the repatriation of distressed or beleaguered
migrant workers and other overseas Filipinos;
(b) Department of Labor and Employment The
Department of Labor and Employment shall see to it that
labor and social welfare laws in the foreign countries are
fairly applied to migrant workers and whenever applicable,
to other overseas Filipinos including the grant of legal
assistance and the referral to proper medical centers or
hospitals:
(b.1) Philippine Overseas Employment Administration
Subject to deregulation and phase out as provided
under Sections 29 and 30 herein, the Administration
shall regulate private sector participation in the
recruitment and overseas placement of workers by
setting up a licensing and registration system. It shall
also formulate and implement, in coordination with
appropriate entities concerned, when necessary
employment of Filipino workers taking into
consideration their welfare and the domestic
manpower requirements.
(b.2) Overseas Workers Welfare Administration The
Welfare Officer or in his absence, the coordinating
officer shall provide the Filipino migrant worker and his
family all the assistance they may need in the
enforcement of contractual obligations by agencies or
entities and/or by their principals. In the performance
of this functions, he shall make representation and
may call on the agencies or entities concerned to
conferences or conciliation meetings for the purpose of
settling the complaints or problems brought to his
attention.
V.
THE LEGAL ASSISTANT FOR MIGRANT
WORKERS AFFAIRS
SEC. 24. LEGAL ASSISTANT FOR MIGRANT WORKERS
AFFAIRS. There is hereby created the position of Legal
Assistant for Migrant Workers Affairs under the Department of
Foreign Affairs who shall be primarily responsible for the
provision and overall coordination of all legal assistance
services to be provided to Filipino migrant workers as well as
overseas Filipinos in distress. He shall have the rank, salary
and privileges equal to that of an undersecretary of said
Department.
The said Legal Assistant for Migrant Workers Affairs
shall be appointed by the President and must be of proven
competence in the field of law with at least ten (10) years of
experience as a legal practitioner and must not have been a
candidate to an elective office in the last local or national
elections.
Among the functions and responsibilities of the
aforesaid Legal Assistant are:
(a) To issue the guidelines, procedures and criteria for the
provisions of legal assistance services to Filipino migrant
workers;
(b) To establish close linkages with the Department of
Labor and Employment, the POEA, the OWWA and other
government agencies concerned, as well as with non-
governmental organizations assisting migrant workers, to
ensure effective coordination and cooperation in the
provision of legal assistance to migrant workers;
(c) To tap the assistance of reputable law firms and the
Integrated Bar of the Philippines and other bar
associations to complement the governments efforts to
provide legal assistance to migrant workers;
(d) To administer the legal assistance fund for migrant
workers established under Section 25 hereof and to
authorize disbursements there from in accordance with
the purposes for which the fund was set up; and
(e) To keep and maintain the information system as
provided in Section 20.
The legal Assistant for Migrant Workers Affairs shall
have authority to hire private lawyers, domestic or foreign, in
order to assist him in the effective discharge of the above
functions.
SEC. 25. LEGAL ASSISTANCE FUND There is hereby
established a legal assistance fund for migrant workers,
herein after referred to as Legal Assistance fund, in the
amount of One hundred million pesos (P100,000,000.00) to be
constituted from the following sources:
Fifty million pesos (P50,000,000.00) from the Contingency
Fund of the President;
Thirty million pesos (P30,000,000.00) from the
Presidential Social Fund; and
Twenty million pesos (P20,000,000.00) from the
Welfare Fund for Overseas Workers established under Letter of
Instruction No. 537, as amended by Presidential Decree Nos.
1694 and 1809.
Any balances of existing fund which have been set
aside by the government specifically as legal assistance or
defense fund to help migrant workers shall, upon effectivity of
this Act, to be turned over to, and form part of, the Fund
created under this Act.
SEC. 26. USES OF THE LEGAL ASSISTANCE FUND. The
Legal Assistance Fund created under the preceeding section
shall be used exclusively to provide legal services to migrant
workers and overseas Filipinos in distress in accordance witht
the guidelines, criteria and procedures promulgated in
accordance with Section 24 (a) hereof. The expenditures to be
charged against the Fund shall include the fees for the foreign
lawyers to be hired by the Legal Assistance for Migrant
Workers Affairs to represent migrant workers facing charges
abroad, bail bonds to secure the temporary release of workers
under detention, court fees and charges and other litigation
expenses.
VI.
COUNTRY TEAM APPROACH
SEC. 27. PRIORITY CONCERNS OF PHILIPPINE FOREIGN
SERVICE POSTS. The country team approach, as
enunciated under Executive Order No. 74, series of 1993, shall
be the mode under which Philippine embassies or their
personnel will operate in the protection of the Filipino migrant
workers as well as in the promotion of their welfare. The
protection of the Filipino migrant workers and the promotion
of their welfare, in particular, and the protection of the dignity
and fundamental rights and freedoms of the Filipino citizen
abroad, in general, shall be the highest priority concerns of
the Secretary of Foreign Affairs and the Philippine Foreign
Service Posts.
SEC. 28. COUNTRY-TEAM APPROACH. Under the country-
team approach, all officers, representatives and personnel of
the Philippine government posted abroad regardless of their
mother agencies shall, on a per country basis, act as one
country-team with a mission under the leadership of the
ambassador. In this regard, the ambassador may recommend
to the Secretary of the Department of Foreign Affairs the
recall of officers, representatives and personnel of the
Philippine government posted abroad for acts inimical to the
national interest such as, but not limited to, failure to provide
the necessary services to protect the rights of overseas
Filipinos.
Upon receipt of the recommendation of the
ambassador, the Secretary of the Department of Foreign
Affairs shall, in the case of officers, representatives and
personnel of other departments, endorse such
recommendation to the department secretary concerned for
appropriate action. Pending investigation by an appropriate
body in the Philippines, the person recommended for recall
may be placed under preventive suspension by the
ambassador.
In host countries where there are Philippine
consulates, such consulates shall also constitute part of the
country-team under the leadership of the ambassador.
In the implementation of the country-team approach,
visiting Philippine delegations shall be provided full support
and information.
VII.
DEREGULATION AND PHASE-OUT
SEC. 29. COMPREHENSIVE DEREGULATION PLAN ON
RECRUITMENT ACTIVITIES. Pursuant to a progressive
policy of deregulation whereby the migration of workers
becomes strictly a matter between the worker and his foreign
employer, the DOLE within one (1) year from the effectivity of
this Act, is hereby mandated to formulate a five-year
comprehensive deregulation plan on recruitment activities
taking into account labor market trends, economic conditions
of the country and emergency circumstances which may
affect the welfare of migrant workers.
SEC. 30. GRADUAL PHASE-OUT OF REGULATORY FUNCTIONS.
Within a period of five (5) years from the effectivity
of this Act, the DOLE shall phase out the regulatory functions
of the POEA pursuant to the objectives of deregulation.
VIII.
PROFESSIONAL AND OTHER HIGHLY-SKILLED FILIPINOS
ABROAD
SEC. 31. INCENTIVES TO PROFESSIONALS AND OTHER
HIGHLY-SKILLED FILIPINOS ABROAD. Pursuant to the
objective of encouraging professionals and other highly-skilled
Filipinos abroad especially in the field of science and
technology to participate in, and contribute to national
development, the government shall provide proper and
adequate incentives and programs so as to secure their
services in priority development areas of the public and
private sectors.
IX.
MISCELLANEOUS PROVISIONS
SEC. 32. POEA AND OWWA BOARD; ADDITIONAL
MEMBERSHIPS. Notwithstanding any provision of law to
the contrary, the respective Boards of the POEA and the
OWWA shall, in addition to their present composition, have
three (3) members each who shall come from the women,
sea-based and land-based sectors, respectively, to be
appointed by the President in the same manner as the other
members.
SEC. 33. REPORT TO CONGRESS. In order to inform the
Philippine Congress on the implementation of the policy
enunciated in Section 4 hereof, the Department of Foreign
Affairs and the Department of Labor and Employment shall
submit to the said body a semi-annual report of Philippine
foreign posts located in countries hosting Filipino migrant
workers. The report shall not be limited to the following
information:
(a) Masterlist of Filipino migrant workers, and inventory of
pending cases involving them and other Filipino nationals
including those serving prison terms;
(b) Working conditions of Filipino migrant workers;
(c) Problems encountered by the migrant workers,
specifically violations of their rights;
(d) Initiative/actions taken by the Philippine foreign posts
to address the problems of Filipino migrant workers;
(e) Changes in the laws and policies of host countries; and
(f) Status of negotiations on bilateral labor agreements
between the Philippines and the host country.
Any officer of the government who fails to report as
stated in the preceeding section shall be subjected to
administrative penalty.
SEC. 34. REPRESENTATION IN CONGRESS. Pursuant to
Section 3(2), Article VI of the Constitution and in line with the
objective of empowering overseas Filipinos to participate in
the policy-making process to address Filipino migrant
concerns, two (2) sectoral representatives for migrant workers
in the House of Representatives shall be appointed by the
President from the ranks of migrant workers: Provided, that at
least one (1) of the two (2) sectoral representatives shall
come from the women migrant workers sector: Provided,
further, that all nominees must have at least two (2) years
experience as a migrant worker.
SEC. 35. EXEMPTION FROM TRAVEL TAX AND AIRPORT
FEE. All laws to the country notwithstanding, the migrant
worker shall be exempt from the payment of travel tax and
airport fee upon proper showing of proof of entitlement by the
POEA.
SEC. 36. NON-INCREASE OF FEES; ABOLITION OF
REPATRIATION BOND. Upon approval of this Act, all fees
being charged by any government office on migrant workers
shall remain at their present levels and the repatriation bond
shall be established.
SEC. 37. THE CONGRESSIONAL MIGRANT WORKERS
SCHOLARSHIP FUND. There is hereby created a
Congressional Migrant Workers Scholarship Fund which shall
benefit deserving migrant workers and/or their immediate
descendants below twenty-one (21) years of age who intent to
pursue courses or training primarily in the field of science and
technology. The initial seed fund of two hundred million pesos
(P200,000,000.00) shall be constituted from the following
sources:
(a) Fifty million pesos (P50,000,000.00) from the
unexpected Countrywide Development Fund for 1995 in
equal sharing by all members of Congress; and
(b) The remaining one hundred fifty million pesos
(P150,000,000.00) shall be funded from the proceeds of
Lotto.
The Congressional Migrant Workers Scholarship Fund
as herein created shall be administered by the DOLE in
coordination with the Department of Science and Technology
(DOST). To carry out the objectives of this section, the DOLE
and the DOST shall formulate the necessary rules and
regulations.
SEC. 38. APPROPRIATION AND OTHER SOURCES OF
FUNDING. The amount necessary to carry out the
provisions of this Act shall be provided for in the General
Appropriations Act of the year following its enactment into law
and thereafter.
SEC. 39. MIGRANT WORKERS DAY. The day of signing by
the President of this Act shall be designated as the Migrant
Workers Day and shall henceforth be commemorated as such
annually.
SEC. 40. IMPLEMENTING RULES AND REGULATIONS.
The departments and agencies charged with carrying out the
provisions of this Act shall, within ninety (90) days after the
effectivity of this Act, formulate the necessary rules and
regulations for its effective implementation.

SEC. 41. REPEATING CLAUSE. All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
SEC. 42. SEPARABILITY CLAUSE. If, for any reason, any
section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be
affected thereby.
SEC. 43. EFFECTIVITY CLAUSE. This Act shall take effect
after fifteen (15) days from its publication in the Official
Gazette or in at least two (2) national newspapers of general
circulation whichever comes earlier.
Approved,
This Act which is a consolidation of House Bill No. 14314 and
Senate Bill No. 2077 was finally passed by the House of
Representatives and the Senate on June 5, 1995 and June 3,
1995, respectively.
Approved: JUN 07 1995
Republic Act 8187
Paternity Leave Act of 1996
AN ACT GRANTING PATERNITY LEAVE OF SEVEN
(7) DAYS WITH FULLPAY TO ALL MARRIED
EMPLOYEES IN THE PRIVATE AND PUBLIC
SECTORS FOR THE FIRST FOUR (4) DELIVERIES
OF THE LEGITIMATE SPOUSE WITH WHOM HE IS
COHABITING AND FOR OTHER PURPOSES
SECTION 1. Short Title. - This Act shall be known as the
"Paternity Leave Act of 1996".
SECTION 2. Notwithstanding any law, rules and regulations to
the contrary, every married male employee in the private and
public sectors shall be entitled to a paternity leave of seven
(7) days with full pay for the first four (4) deliveries of the
legitimate spouse with whom he is cohabiting. The
male employee applying for paternity leave shall notify his
employer of the pregnancy of his legitimate spouse and the
expected date of such delivery.
For purposes, of this Act, delivery shall include
childbirth or any miscarriage.
SECTION 3. Definition of Term. - For purposes of this Act,
Paternity Leave refers to the benefits granted to a married
male employee allowing him not to report for work for seven
(7) days but continues to earn the compensation therefor, on
the condition that his spouse has delivered a child or suffered
a miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the
nursing of the newly-born child.
SECTION 4. The Secretary of Labor and Employment, the
Chairman of the Civil Service Commission and the Secretary
of Health shall, within thirty (30) days from the effectivity of
this Act, issue such rules and regulations necessary for the
proper implementation of the provisions hereof.
SECTION 5. Any person, corporation, trust, firm, partnership,
association or entity found violating this Act or the rules and
regulations promulgated thereunder shall be punished by a
fine not exceeding Twenty-five thousand pesos (P25,000) or
imprisonment of not less than thirty (30)days nor more than
six (6) months.
If the violation is committed by a corporation, trust
or firm, partnership, association or any other entity, the
penalty of imprisonment shall be imposed on the entity's
responsible officers, including, but not limited to, the
president, vice-president, chief executive officer, general
manager, managing director or partner directly responsible
therefor.
SECTION 6. Non-diminution Clause. - Nothing in this Act
shall be construed to reduce any existing benefits of any form
granted under existing laws, decrees, executive orders, or any
contract agreement or policy between employer and
employee.
SECTION 7. Repealing Clause. - All laws, ordinances, rules,
regulations, issuances, or parts thereof which are inconsistent
with this Act are hereby repealed or modified accordingly.
SECTION 8. Effectivity. - This Act shall take effect (15) days
from its publication in the Official Gazette or in at least two
(2) newspapers of national circulation.
Republic Act No. 7610, June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION, AND FOR OTHER PURPOSES
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection
of Children Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby
declared to be the policy of the State to provide special protection to
children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development;
provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of
child abuse, exploitation and discrimination. The State shall intervene
on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher
or person having care and custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in
all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children
as enunciated in the United Nations Convention of the Rights of the
Child. Every effort shall be exerted to promote the welfare of children
and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or
not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but are not
limited to, the following;
(1) Being in a community where there is armed conflict or
being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or
rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;
 (4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which
is underdeveloped and/or lacks or has inadequate access to
basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or
calamity; or
(6) Circumstances analogous to those above stated which
endanger the life, safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and
facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and
normal development of children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a
comprehensive program to be formulated, by the Department of
Justice and the Department of Social Welfare and Development in
coordination with other government agencies and private sector
concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent shows; other acts of
abuse; and circumstances which endanger child survival and normal
development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children,
whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
means;
(3) Taking advantage of influence or relationship to procure a
child as prostitute;
(4) Threatening or using violence towards a child to engage
him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in
prostitution.
(b) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve (12)
years of age, the perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an
attempt to commit child prostitution under Section 5, paragraph (a)
hereof when any person who, not being a relative of a child, is found
alone with the said child inside the room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph
(b) of Section 5 hereof when any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall be
imposed upon the principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the Revised
Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in
trading and dealing with children including, but not limited to, the act of
buying and selling of a child for money, or for any other consideration,
or barter, shall suffer the penalty of reclusion temporal to reclusion
perpetua. The penalty shall be imposed in its maximum period when
the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an
attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid
reason therefor and without clearance issued by the Department of
Social Welfare and Development or written permit or justification
from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for the
purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth for
the purpose of child trafficking; or
(e) When a person engages in the act of finding children among
low-income families, hospitals, clinics, nurseries, day-care centers,
or other child-during institutions who can be offered for the purpose
of child trafficking.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed upon
the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any
person who shall hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows, whether live or
in video, or model in obscene publications or pornographic materials or
to sell or distribute the said materials shall suffer the penalty of prision
mayor in its medium period.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any
capacity with the care of a child who shall cause and/or allow such
child to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall suffer
the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development.
(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized
by law, local custom and tradition or acts in the performance of a
social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as
provided in the preceding paragraph shall suffer the penalty of
 prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor,
the penalty to be imposed shall be prision mayor in its maximum
period, a fine of not less than Fifty thousand pesos (P50,000), and
the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him to
such place or places any minor herein described shall be imposed
a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss of the
license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a
street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking
or pushing; or
(3) Conduct any illegal activities, shall suffer the
penalty of prision correccional in its medium period
to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal Code,
for the crimes of murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion perpetua when
the victim is under twelve (12) years of age. The penalty for the
commission of acts punishable under Article 337, 339, 340 and 341 of
Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the
offended party, corruption of minors, and white slave trade,
respectively, shall be one (1) degree higher than that imposed by law
when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted
to the care of the Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. All
establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be
immediately closed and their authority or license to operate cancelled,
without prejudice to the owner or manager thereof being prosecuted
under this Act and/or the Revised Penal Code, as amended, or special
laws. A sign with the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the Department of Social
Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment
under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign
tourists; exhibits children in a lewd or indecent show; provides child
masseurs for adults of the same or opposite sex and said services
include any lascivious conduct with the customers; or solicits children
or activities constituting the aforementioned acts shall be deemed to
have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15)
years of age may be employed except:
(1) When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the
employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child
with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of
the Department of Labor and Employment: Provided, That the
following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety
and morals of the child;
(b) the employer shall institute measures to prevent the child's
exploitation or discrimination taking into account the system
and level of remuneration, and the duration and arrangement
of working time; and;
(c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a
continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such child,
a work permit from the Department of Labor and Employment which
shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate
rules and regulations necessary for the effective implementation of this
Section.
Section 13. Non-formal Education for Working Children. The
Department of Education, Culture and Sports shall promulgate a
course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain
Advertisements. No person shall employ child models in all
commercials or advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and violence.
Section 15. Duty of Employer. Every employer shall comply with
the duties provided for in Articles 108 and 109 of Presidential Decree
No. 603.
Section 16. Penalties. Any person who shall violate any provision of
this Article shall suffer the penalty of a fine of not less than One
thousand pesos (P1,000) but not more than Ten thousand pesos
(P10,000) or imprisonment of not less than three (3) months but not
more than three (3) years, or both at the discretion of the court;
Provided, That, in case of repeated violations of the provisions of this
Article, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to
the rights guaranteed to children under this Act and other existing laws,
children of indigenous cultural communities shall be entitled to
protection, survival and development consistent with the customs and
traditions of their respective communities.
Section 18. System of and Access to Education. The Department
of Education, Culture and Sports shall develop and institute an
alternative system of education for children of indigenous cultural
communities which culture-specific and relevant to the needs of and
the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-
formal but functional indigenous educational programs conducted by
non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social
services in health and nutrition to children of indigenous cultural
communities shall be given priority by all government agencies
concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention.
In the provision of health and nutrition services to children of
indigenous cultural communities, indigenous health practices shall be
respected and recognized.
Section 20. Discrimination. Children of indigenous cultural
communities shall not be subjected to any and all forms of
discrimination.
 Any person who discriminate against children of indigenous
cultural communities shall suffer a penalty of arresto mayor in its
maximum period and a fine of not less than Five thousand pesos
(P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through
their duly-designated or appointed representatives shall be involved in
planning, decision-making implementation, and evaluation of all
government programs affecting children of indigenous cultural
communities. Indigenous institution shall also be recognized and
respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby
declared as Zones of Peace. It shall be the responsibility of the State
and all other sectors concerned to resolve armed conflicts in order to
promote the goal of children as zones of peace. To attain this objective,
the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat,
assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units or other armed
groups, nor be allowed to take part in the fighting, or used as
guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary
health and emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services
including those involved in fact-finding missions from both
government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the
performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health
units shall not be utilized for military purposes such as command
posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of
families temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict.
Children shall be given priority during evacuation as a result of armed
conflict. Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation operations.
Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever
possible, members of the same family shall be housed in the same
premises and given separate accommodation from other evacuees
and provided with facilities to lead a normal family life. In places of
temporary shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical
exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to
Armed Conflict. Any child who has been arrested for reasons
related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights;
(a) Separate detention from adults except where families are
accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of
the child; and
(d) Release of the child on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as
determined by the court.
If after hearing the evidence in the proper proceedings the
court should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty, including
any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the
Department of Social Welfare and Development or to any training
institution operated by the Government, or duly-licensed agencies or
any other responsible person, until he has had reached eighteen (18)
years of age or, for a shorter period as the court may deem proper,
after considering the reports and recommendations of the Department
of Social Welfare and Development or the agency or responsible
individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision
by a representative of the Department of Social Welfare and
Development or any duly-licensed agency or such other officer as the
court may designate subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of
Armed Conflict. The chairman of the barangay affected by the
armed conflict shall submit the names of children residing in said
barangay to the municipal social welfare and development officer
within twenty-four (24) hours from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of
unlawful acts committed against the children as enumerated herein
may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-
caring institution;
(e) Officer or social worker of the Department of Social Welfare
and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the
violation occurred.
Section 28. Protective Custody of the Child. The offended party
shall be immediately placed under the protective custody of the
Department of Social Welfare and Development pursuant to Executive
Order No. 56, series of 1986. In the regular performance of this
function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the
provisions of Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party,
his name may be withheld from the public until the court acquires
jurisdiction over the case.
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 broadcasting, producer and director of the film in
case of the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results in the moral
degradation and suffering of the offended party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations
of this Act shall be heard in the chambers of the judge of the Regional
Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with
the exception of habeas corpus, election cases, and cases involving
detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases
involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its
maximum period if the offender has been previously convicted
under this Act;
(b) When the offender is a corporation, partnership or association,
the officer or employee thereof who is responsible for the violation
of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum
period when the perpetrator is an ascendant, parent guardian,
stepparent or collateral relative within the second degree of
consanguinity or affinity, or a manager or owner of an
establishment which has no license to operate or its license has
expired or has been revoked;
 (d) When the offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred from
entry to the country;
(e) The penalty provided for in this Act shall be imposed in its
maximum period if the offender is a public officer or employee:
Provided, however, That if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of perpetual or
temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional
or arresto mayor, the penalty of suspension shall also be imposed;
and
(f) A fine to be determined by the court shall be imposed and
administered as a cash fund by the Department of Social
Welfare and Development and disbursed for the
rehabilitation of each child victim, or any immediate member
of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in
this Act, the Department of Justice, in coordination with the Department
of Social Welfare and Development, shall promulgate rules and
regulations of the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in
two (2) national newspapers of general circulation.
Section 33. Appropriations. The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the
General Appropriations Act of the year following its enactment into law
and thereafter.
Section 34. Separability Clause. If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules
inconsistent with the provisions of this Acts are hereby repealed or
modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon
completion of its publication in at least two (2) national newspapers of
general circulation.
Approved: June 17, 1992
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO
SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO.
7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO
MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION
BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND
FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior
Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by
Republic Act No. 9257, otherwise known as the "Expanded Senior
Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided
in the Constitution of the Republic of the Philippines, it is the
declared policy of the State to promote a just and dynamic social
order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a
rising standard of living and an improved quality of life. In the
Declaration of Principles and State Policies in Article II, Sections
10 and 11, it is further declared that the State shall provide social
justice in all phases of national development and that the State
values the dignity of every human person and guarantees full
respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate
shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health
and other social services available to all the people at affordable
cost. There shall be priority for the needs of the underprivileged,
sick, elderly, disabled, women and children. Article XV, Section 4 of
the Constitution Further declares that it is the duty of the family to
take care of its elderly members while the State may design
programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve
the following objectives:
"(a) To recognize the rights of senior citizens to take their
proper place in society and make it a concern of the family,
community, and government;
"(b) To give full support to the improvement of the total well-
being of the elderly and their full participation in society,
considering that senior citizens are integral part of Philippine
society;
"(c) To motivate and encourage the senior citizens to
contribute to nation building;
"(d) To encourage their families and the communities they live
with to reaffirm the valued Filipino tradition of caring for the
senior citizens;
"(e) To provide a comprehensive health care and rehabilitation
system for disabled senior citizens to foster their capacity to
attain a more meaningful and productive ageing; and
"(f) To recognize the important role of the private sector in the
improvement of the welfare of senior citizens and to actively
seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the
senior citizens are maximized;
"(2) adopt measures whereby our senior citizens are assisted
and appreciated by the community as a whole;
"(3) establish a program beneficial to the senior citizens, their
families and the rest of the community they serve: and
"(4) establish community-based health and rehabilitation
programs for senior citizens in every political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by
Republic Act No. 9257, otherwise known as the Expanded Senior
Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms
are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the
Philippines at least sixty (60) years old;
"(b) Geriatrics refer to the branch of medical science devoted
to the study of the biological and physical changes and the
diseases of old age;
"(c) Lodging establishment refers to a building, edifice,
structure, apartment or house including tourist inn, apartelle,
motorist hotel, and pension house engaged in catering, leasing
or providing facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional
services of physicians and other health care professionals and
diagnostics and laboratory tests that the necessary for the
diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent
and temporary filling, extractions and gum treatments,
restoration, replacement or repositioning of teeth, or alteration
of the alveolar or periodontium process of the maxilla and the
mandible that are necessary for the diagnosis or treatment of
an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who
survives the deceased senior citizen: Provided, That where no
spouse survives the decedent, this shall be limited to relatives
in the following order of degree of kinship: children, parents,
siblings, grandparents, grandchildren, uncles and aunts;
"(g) Home health care service refers to health or supportive
care provided to the senior citizen patient at home by licensed
health care professionals to include, but not limited to,
physicians, nurses, midwives, physical therapist and
caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail,
sickly or with disability, and without pension or permanent
source of income, compensation or financial assistance from
 his/her relatives to support his/her basic needs, as determined
by the Department of Social Welfare and development
(DSWD) in consultation with the National Coordinating and
Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by
Republic Act No. 9257, otherwise known as the "Expanded Senior
Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. -
The senior citizens shall be entitled to the following:
"(a) the grant of twenty percent (20%) discount and exemption
from the value -added tax (VAT), if applicable, on the sale of the
following goods and services from all establishments, for the
exclusive use and enjoyment or availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of
influenza and pnuemococcal vaccines, and such other
essential medical supplies, accessories and equipment to be
determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of
compulsory rebates in the sharing of burden of discounts
among retailers, manufacturers and distributors, taking into
consideration their respective margins;
"(2) on the professional fees of attending physician/s in all
private hospitals, medical facilities, outpatient clinics and home
health care services;
"(3) on the professional fees of licensed professional health
providing home health care services as endorsed by private
hospitals or employed through home health care employment
agencies;
"(4) on medical and dental services, diagnostic and laboratory
fees in all private hospitals, medical facilities, outpatient clinics,
and home health care services, in accordance with the rules
and regulations to be issued by the DOH, in coordination with
the Philippine Health Insurance Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility
buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility
vehicles (AUVs), shuttle services and public railways, including
Light Rail Transit (LRT), Mass Rail Transit (MRT), and
Philippine National Railways (PNR);
"(6) in actual transportation fare for domestic air transport
services and sea shipping vessels and the like, based on the
actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging
establishments, restaurants and recreation centers;
"(8) on admission fees charged by theaters, cinema houses
and concert halls, circuses, leisure and amusement; and
"(9) on funeral and burial services for the death of senior
citizens;
"(b) exemption from the payment of individual income taxes of
senior citizens who are considered to be minimum wage earners in
accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to
the monthly utilization of water and electricity supplied by the
public utilities: Provided, That the individual meters for the
foregoing utilities are registered in the name of the senior citizen
residing therein: Provided, further, That the monthly consumption
does not exceed one hundred kilowatt hours (100 kWh) of
electricity and thirty cubic meters (30 m3) of water: Provided,
furthermore, That the privilege is granted per household regardless
of the number of senior citizens residing therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory
fees such as, but not limited to, x-rays, computerized tomography
scans and blood tests, in all government facilities, subject to the
guidelines to be issued by the DOH in coordination with the
PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza
virus and pneumococcal disease for indigent senior citizen
patients;
"(g) educational assistance to senior citizens to pursue pot
secondary, tertiary, post tertiary, vocational and technical
education, as well as short-term courses for retooling in both public
and private schools through provision of scholarships, grants,
financial aids, subsides and other incentives to qualified senior
citizens, including support for books, learning materials, and
uniform allowances, to the extent feasible: Provided, That senior
citizens shall meet minimum admission requirements;
"(h) to the extent practicable and feasible, the continuance of the
same benefits and privileges given by the Government Service
Insurance System (GSIS), the Social Security System (SSS) and
the PAG-IBIG, as the case may be, as are enjoyed by those in
actual service;
"(i) retirement benefits of retirees from both the government and
the private sector shall be regularly reviewed to ensure their
continuing responsiveness and sustainability, and to the extent
practicable and feasible, shall be upgraded to be at par with the
current scale enjoyed by those in actual service;
"(j) to the extent possible, the government may grant special
discounts in special programs for senior citizens on
purchase of basic commodities, subject to the guidelines to
be issued for the purpose by the Department of Trade and
Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all
commercial and government establishments; in the absence
thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand
pesos (Php2, 000.00) shall be given to the nearest surviving
relative of a deceased senior citizen which amount shall be
subject to adjustments due to inflation in accordance with the
guidelines to be issued by the DSWD.1avvphi1
"In the availment of the privileges mentioned above, the
senior citizen, or his/her duly authorized representative, may
submit as proof of his/her entitled thereto any of the
following:
"(1) an identification card issued by the Office of
the Senior Citizen Affairs (OSCA) of the place
where the senior citizen resides: Provided, That
the identification card issued by the particular
OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned;
and
"(3) other documents that establish that the senior
citizen is a citizen of the Republic and is at least
sixty (60) years of age as further provided in the
implementing rules and regulations.
"In the purchase of goods and services which are on
promotional discount, the senior citizen can avail of the
promotional discount or the discount provided herein,
whichever is higher.
"The establishment may claim the discounts granted under
subsections (a) and (c) of this section as tax deduction
based on the cost of the goods sold or services rendered:
Provided, That the cost of the discount shall be allowed as
deduction from gross income for the same taxable year that
the discount is granted: Provided, further, That the total
amount of the claimed tax deduction net of VAT, if applicable,
shall be included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and
to the provisions of the National Internal Revenue Code
(NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further
amended to read as follows:
"SEC. 5. Government Assistance. - The government shall
provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or
be re-employed, shall be provided information and matching
services to enable them to be productive members of
society. Terms of employment shall conform with the
provisions of the Labor Code, as amended, and other laws,
rules and regulations.
"Private entities that will employ senior citizens as
employees, upon the effectivity of this Act, shall be entitled to
an additional deduction from their gross income, equivalent
to fifteen percent (15%) of the total amount paid as salaries
and wages to senior citizens, subject to the provision of
Section 34 of the NIRC, as amended: Provided, however,
That such employment shall continue for a period of at least
six (6) months: Provided, further, That the annual income of
the senior citizen does not exceed the latest poverty
threshold as determined by the National Statistical
Coordination Board (NSCB) of the National Economic and
Development Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but
not limited to, the Technology and Livelihood Resource
Center (TLRC) and the Department of Trade and Industry
(DTI), shall assess, design and implement training programs
that will provide skills and welfare or livelihood support for
senior citizens.
"(b) Education
"The Department of Education (DepED), the Technical
Education and Skills Development Authority (TESDA) and
the Commission on Higher Education (CHED), in
consultation with nongovernmental organizations (NGOs)
and people's organizations (POs) for senior citizens, shall
institute programs that will ensure access to formal and
nonformal education.
"(c) Health
"The DOH, in coordination with local government units
(LGUs), NGOs and POs for senior citizens, shall institute a
national health program and shall provide an integrated
health service for senior citizens. It shall train community-
based health workers among senior citizens and health
personnel to specialize in the geriatric care and health
problems of senior citizens.
"The national health program for senior citizens shall, among
others, be harmonized with the National Prevention of
Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior
citizens' ward" in every government hospital. This geriatric
ward shall be for the exclusive use of senior citizens who are
in need of hospital confinement by reason of their health
conditions. However, when urgency of public necessity
purposes so require, such geriatric ward may be used for
emergency purposes, after which, such "senior citizens'
ward" shall be reverted to its nature as geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the
consumption of electricity, water, and telephone by the
senior citizens center and residential care/group homes that
are government-run or non-stock, non-profit domestic
corporation organized and operated primarily for the purpose
of promoting the well-being of abandoned, neglected,
unattached, or homeless senior citizens, subject to the
guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which
provide senior citizens opportunities for
socializing, organizing, creative expression, and
self-improvement;
"(2) "after care and follow-up services" for citizens
who are discharged from the homes or institutions
for the aged, especially those who have problems
of reintegration with family and community,
wherein both the senior citizens and their families
are provided with counseling;
"(3) "neighborhood support services" wherein the
community or family members provide caregiving
services to their frail, sick, or bedridden senior
citizens; and
"(4) "substitute family care " in the form of
residential care or group homes for the
abandoned, neglected, unattached or homeless
senior citizens and those incapable of self-care.
"(e) Housing
"The national government shall include in its national shelter
program the special housing needs of senior citizens, such
as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications
(DOTC) shall develop a program to assist senior citizens to
fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or
nongovernmental institution caring for or establishing homes,
residential communities or retirement villages solely for,
senior citizens, as follows:
"(1) realty tax holiday for the first five (5) years
starting from the first year of operation; and
"(2) priority in the construction or maintenance of
provincial or municipal roads leading to the
aforesaid home, residential community or
retirement village.
"(h) Additional Government Assistance
"(1) Social Pension
"Indigent senior citizens shall be entitled to a
monthly stipend amounting to Five hundred pesos
(Php500.00) to augment the daily subsistence and
other medical needs of senior citizens, subject to a
review every two (2) years by Congress, in
consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the
national health insurance program of PhilHealth.
The LGUs where the indigent senior citizens
resides shall allocate the necessary funds to
ensure the enrollment of their indigent senior
citizens in accordance with the pertinent laws and
regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of
economics shocks, disasters and calamities shall be
available for senior citizens. The social safety assistance
which shall include, but not limited to, food, medicines, and
financial assistance for domicile repair, shall be sourced from
the disaster/calamity funds of LGUs where the senior
citizens reside, subject to the guidelimes to be issued by the
DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further
amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). -
There shall be established in all cities and municipalities an
OSCA to be headed by a senior citizen who shall be
appointed by the mayor for a term of three (3) years without
reappointment but without prejudice to an extension if
exigency so requires. Said appointee shall be chosen from a
list of three (3) nominees as recommended by a general
assembly of senior citizens organizations in the city or
municipality.
"The head of the OSCA shall be appointed to serve the
interest of senior citizens and shall not be removed or
replaced except for reasons of death permanent disability or
ineffective performance of his duties to the detriment of
fellow senior citizens.
"The head of the OSCA shall be entitled to receive an
honorarium of an amount at least equivalent to Salary Grade
10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social
Welfare and Development officer or by the Municipal Social
Welfare and Development Officer, in coordination with the
Social Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the
OSCA relative to their plans, activities and programs for
senior citizens. The OSCA shall work together and establish
linkages with accredited NGOs Pos and the barangays in
their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work
programs in pursuance of the objectives of this
Act;
"(b) To draw up a list of available and required
services which can be provided by the senior
citizens;
"(c) To maintain and regularly update on a
quarterly basis the list of senior citizens and to
issue national individual identification cards, free
 of charge, which shall be valid anywhere in the
country;
"(d) To serve as a general information and liason
center for senior citizens;
"(e) To monitor compliance of the provisions of this
Act particularly the grant of special discounts and
privileges to senior citizens;
"(f) To report to the mayor, any individual,
establishments, business entity, institutions or
agency found violating any provision of this Act;
and
"(g) To assist the senior citizens in filing complaints
or charges against any individual, establishments,
business entity, institution, or agency refusing to
comply with the privileges under this Act before
the Department of Justice (DOJ), the Provincial
Prosecutor's Office, the regional or the municipal
trial court, the municipal trial court in cities, or the
municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further
amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the
senior citizen card issued by this the government or violates
any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less
than two (2) years but not more than six (6) years
and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not exceeding One hundred
thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of
not less than two (2) years but not more than six
(6) years and a fine of not less than One Hundred
thousand pesos (Php100,000.00) but not
exceeding Two hundred thousand pesos
(Php200,000.00); and
"(c) Any person who abuses the privileges granted
herein shall be punished with imprisonment of not
less than six (6) months and a fine of not less than
Fifty thousand pesos (Php50,000.00) but not more
than One hundred thousand pesos
(Php100,000.00).
"If the offender is a corporation, partnership, organization or
any similar entity, the officials thereof directly involved such
as the president, general manager, managing partner, or
such other officer charged with the management of the
business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be
deported immediately after service of sentence.
"Upon filing of an appropriate complaint, and after due notice
and hearing, the proper authorities may also cause the
cancellation or revocation of the business permit, permit to
operate, franchise and other similar privileges granted to any
person, establishment or business entity that fails to abide
by the provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further
amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A
National Coordinating and Monitoring Board shall be
established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or
an authorized representative;
"(b) Vice Chairperson - the Secretary of the
Department of the Interior and Local Government
(DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an
authorized representative;
"(2) the Secretary of the DOH or an
authorized representative;
"(3) the Secretary of the DTI or an
authorized representative; and
(4) representatives from five (5) NGOs
for senior citizens which are duly
accredited by the DSWD and have
service primarily for senior citizens.
Representatives of NGOs shall serve a
period of tree (3) years.
"The Board may call on other government agencies, NGOs
and Pos to serve as resource persons as the need arises.
Resource person have no right to vote in the National
Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60)
days from theeffectivity of this Act, the Secretary of the DSWD shall
formulate and adopt amendments to the existing rules and regulations
implementing Republic Act No. 7432, as amended by Republic Act No.
9257, to carry out the objectives of this Act, in consultation with the
Department of Finance, the Department of Tourism, the Housing and
Urban Development Coordinating Council (HUDCC), the DOLE, the
DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the DepED,
the TESDA, the CHED, and five (5) NGOs or POs for the senior
citizens duly accredited by the DSWD. The guidelines pursuant to
Section 4(a)(i) shall be established by the DOH within sixty (60) days
upon the effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the
operation and maintenance of the OSCA shall be appropriated and
approved by the LGUs concerned. For national government agencies,
the requirements to implement the provisions of this Act shall be
included in their respective budgets: Provided, That the funds to be
used for the national health program and for the vaccination of senior
citizens in the first year of the DOH and thereafter, as a line item under
the under the DOH budget in the subsequent General Appropriations
Act (GAA): Provided, further, That the monthly social pension for
indigent senior citizens in the first year of implementation shall be
added to the regular appropriations of the DSWD budget in the
subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and
regulations or any part hereof inconsistent herewith are deemed
repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act
shall be declared unconstitutional and invalid, such 18 declaration shall
not invalidate other parts thereof which shall remain in full force and
effect.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its
complete publication n the Official Gazette or in at least two
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT
NO. 9994, ALSO KNOWN AS THE "EXPANDED SENIOR CITIZENS
ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS AND
PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING
REPUBLIC ACT NO. 7432 OF 1992 AS AMENDED BY REPUBLIC
ACT NO. 9257 OF 2003
RULE I
TITLE, PURPOSE AND CONSTRUCTION
Article 1. Title. - These Rules shall be known and cited as the
Implementing Rules and Regulations of Republic Act No. 9994,
otherwise known as the "Expanded Senior Citizens Act of 2010."
Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter
referred to as the Act), these Rules and Regulations are promulgated
to prescribe the procedures and guidelines for its implementation, in
order to facilitate compliance with the Act and to achieve its objectives.
Article 3. Construction. - These Rules shall be construed and applied
in accordance with and in furtherance of the policies and objectives of
the law. In case of conflict or ambiguity, the same shall be construed
liberally and in favor of the senior citizens.
RULE II
DECLARATION OF POLICIES AND OBJECTIVES
Article 4. Declaration of Policies and Objectives. -
Section 1. As provided in the Constitution of the Philippines:
a) It is the declared policy of the State to promote a just and
dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of
life for all.
 b) It is further declared that the State shall promote social justice in
all phases of national development and values the dignity of every
human person and guarantees full respect for human rights.
c) In all matters relating to the care, health, and benefits of the
elderly, the State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make
essential goods, health and other social services available to all
people at affordable costs giving priority for the needs of the
underprivileged sick, elderly, disabled, women and children.
d) Further, it is declared that though the family has the duty to take
care for its elderly members, the State may also help through just
programs of social security.
Section 2. Consonant with these constitutional policies and RA 9994,
these Rules shall serve the following objectives:
a) To recognize the rights of senior citizens to take their proper
place in society and make them a concern of the family,
community, and government;
b) To give full support to the improvement of the total well-being of
the elderly and their full participation as an integral part of
Philippine society;
c) To motivate and encourage the senior citizens to contribute to
nation building;
d) To encourage their families and the communities they live in to
reaffirm and apply the valued Filipino traditions of caring for the
senior citizens;
e) To provide a comprehensive health care and rehabilitation
system for senior citizens with disability to foster their capacity to
attain a more meaningful and productive ageing; and
f) To recognize the important role of the private and the non-
government sector in the improvement of the welfare of senior
citizens and to actively seek their partnership.
Section 3. In conformity with these objectives, these Rules shall:
a) Establish mechanisms whereby the contributions of the senior
citizens are maximized;
b) Adopt measures whereby our senior citizens are assisted and
appreciated by the community as a whole;
c) Establish programs beneficial to the senior citizens, their
families and the rest of the community that they serve; and
d) Establish community-based health and rehabilitation programs
in every political unit of society.
RULE III
DEFINITION OF TERMS
Article 5. Definition of Terms. - For purposes of these Rules, the terms
are defined as follows:
5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen
who is a resident of the Philippines, and who is sixty (60) years old or
above. It may apply to senior citizens with "dual citizenship" status
provided they prove their Filipino citizenship and have at least six (6)
months residency in the Philippines.
5.2 BENEFACTOR - refers to any person whether related or not to the
senior citizen who provides care or who gives any form of assistance
to him/her, and on whom the senior citizen is dependent on for primary
care and material support, as certified by the City or Municipal Social
Welfare and Development Officer (C/MSWDO).
5.3 GERIATRICS - refers to the branch of medical science devoted to
the study, management and treatment of the biological and physical
changes, and the diseases of old age.
5.4 GERONTOLOGY - is the scientific study of the biological,
psychological, and sociological phenomena associated with old age
and ageing and in determining answers about the normal aging
process rather than the diseases of old age. It is also the scientific
study of the processes of aging from many disciplines, including social
work, anthropology, biology, history, sociology, psychology, and
demography.
5.5 IDENTIFICATION DOCUMENT - refers to any document or proof
of being a senior citizen which may be used for the availment of
benefits and privileges under the Act and its Rules. It shall be any of
the following:
a) Senior Citizens' Identification Card issued by the Office of
Senior Citizens Affairs (OSCA) in the city or municipality where the
elderly resides;
b) The Philippine passport of the elderly person or senior citizen
concerned; and
c) Other valid documents that establish the senior citizen or elderly
person as a citizen of the Republic and at least sixty (60) years of
age, which shall include but not be limited to the following
government-issued identification documents indicating an elderly's
birthdate or age: driver's license, voters ID, SSS/GSIS ID, PRC
card, postal ID.
5.6 LODGING ESTABLISHMENT - refers to a building, edifice,
structure, apartment, or house including tourist inn, apartelle, motorist
hotel, and pension house engaged in catering, leasing, or providing
facilities to transients, tourists, or travelers, duly licensed with business
permit and/or franchised by the national government agencies or the
local government units.
5.7 HOTEL/HOSTEL - refers to an establishment whose building,
edifice or premises, including a completely independent part thereof
such as cottages, cabanas, or huts, are used for the regular reception,
accommodation or lodging of travelers, tourists, or vacationers, and
provides other services incidental thereto for a fee;
5.8 RESTAURANT - refers to any establishment duly licensed and with
business permits issued by the local government units, offering to the
public, regular and special meals or menu, fast food, cooked food and
short orders. Such eating-places may also serve coffee, beverages
and drinks. This covers Quick-Service Restaurants or QSRs, Casual
Dining and Fine Dining Restaurants as defined below:
a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to
restaurants with multiple branches that have menu boards where
food item choices are listed. Customers place their orders with the
cashier and pay right after their orders are taken.
b) CASUAL and FINE DINING RESTAURANTS - are restaurants
where customers are seated first before their food orders are taken
by waiters. They are served at their tables and pay only after they
have consumed their meals.
5.9 MEDICINES - refer to prescription and non-prescription/over-the-
counter drugs, both generic and branded, including vitamins and
mineral supplements medically prescribed by the elderly's physician,
and approved by the Department of Health (DOH) and the Food and
Drug Administration (FDA), which are intended for use in the diagnosis,
cure, mitigation, treatment or prevention of human disease or sickness.
It does not include food, devices or their components, parts, or
accessories.
5.10 MEDICAL SERVICES - refer to public and private hospital
services, professional services of physicians and other health care
professionals, and diagnostic and laboratory tests that are requested
by a physician as necessary for the diagnosis and/or treatment of an
illness or injury.
5.11 DENTAL SERVICES - refer to oral examination, cleaning,
permanent and temporary filling, extractions and gum treatments,
restoration, replacement or repositioning of teeth, or alteration of the
alveolar or periodontium process of the maxilla and the mandible that
are necessary for the diagnosis and/or treatment of a dental illness or
injury.
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic
examinations that are necessary for the diagnosis and/or treatment of
an illness and injury, including but not limited to X-ray, CT scans, ECG,
2D Echo, gastroenterology, blood chemistry exams, histopathology
and immunopathology, hematology, urine analysis, parasitology and
bacteriology test, and serology.
5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to
the office established in cities and municipalities under the Office of the
Mayor headed by a senior citizen.
5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to
any private entity, which is non-profit and voluntary in nature dedicated
to the promotion, enhancement and support of the welfare of senior
citizens, duly registered with any regulatory body.
For purposes of the Act and its Rules, an ACCREDITED NGO refers to
any private non-stock non-profit organization, regional or national in
scope, mainly providing services for senior citizens, duly registered
with the Securities and Exchange Commission (SEC), Cooperative
Development Authority (CDA), or any appropriate government
regulatory body and registered or licensed with, and with programs
accredited by, the Department of Social Welfare and Development
(DSWD).
5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social
welfare and development association with a bonafide membership, an
identifiable leadership and an organizational structure that has
demonstrated its capacity to promote the public interest and engage in
social welfare and development activities. As part of the civil society
movement, it is composed of a specific population or sector, like the
senior citizens, and seeks to represent the interest of its members.
5.16 SENIOR CITIZENS CENTER - refers to the place established by
Republic Act No. 7876 or the Senior Citizens Center Act, with
recreational, educational, health and social programs and facilities
designed for the full enjoyment and benefit of the senior citizens in the
city or municipality accredited by the DSWD. It can be any available
structure, a spacious room in a private or public building, a room
attached to a community center, a barangay hall or chapel.
5.17 RETIREMENT VILLAGE - refers to an independent-living facility,
often with continuing-care amenities. It refers to a residential
community offering separate or autonomous houses for residents. It is
a retirement habitat with a multi-residence housing facility that is
planned, designed and geared towards people who no longer work and
are restricted to a certain age. It has particular conveniences catering
to the wishes and desires of retirees, which may include services such
as clubhouses, swimming pools, arts and crafts, boating, walking trails,
golf courses, active adult retail and on-site medical services.
5.18 GROUP HOMES - refer to a community-based alternative living
arrangement to institutional care. It can be a transit home for a definite
period for neglected older persons while the necessary services of
locating relatives and care management is ongoing. It envisions
responding to the needs of the senior citizens who have been
abandoned, have no families to return to or to whose family
reunification is not suitable, and are assessed to be needing group
living experience. The program enables a minimum of 6 and a
maximum of 10 clients discharged from a residential care facility to live
together and manage their group living activities with minimal
supervision from the agency social worker.
5.19 FOSTER CARE - refer to a social work intervention which
provides for a planned substitute or alternative family care by a
licensed foster family to a neglected, abandoned, unattached and poor
older person.
5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides
twenty-four (24) hour residential care services operated primarily for
the purpose of promoting the well-being of abandoned, neglected,
unattached or homeless senior citizens. The facility may be run by
government or non-stock non-profit organization and is accredited by
the DSWD to serve a minimum of 10 clients.
5.21 AFTER CARE SERVICES - refer to the provision of interventions,
approaches, and strategies with the end goal of ensuring effective
reintegration of older persons discharged from residential facilities.
5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and
canned fish and other marine products, fresh pork, beef and poultry,
meat, fresh eggs, fresh and processed milk, fresh vegetables, root
crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and
drugs classified as essential by the DOH and other commodities as
maybe classified by the Department of Trade and Industry (DTI) and
the Department of Agriculture (DA) according to Republic Act No. 7581
or the Price Act.
5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried,
processed and canned pork, beef and poultry, meat, dairy products not
falling under basic necessities; noodles, onions, garlic, and all drugs
not classified as essential drugs by the DOH and other commodities
that may be classified by the DTI and the DA according to Republic Act
No. 7581 or The Price Act.
5.24 NEAREST SURVIVING RELATIVE - refers to the closest person
related to the deceased senior citizen by blood or affinity, such as the
legal spouse who survives the deceased senior citizen: Provided, That
where no spouse survives the decedent, this shall be limited to
relatives in the following order of degree of kinship: children, parents,
siblings, grandchildren, uncles and aunts.
5.25 HOME HEALTH CARE SERVICE - refers to health or supportive
care provided to the senior citizen patient at home by TESDA-certified
caregivers or licensed health care professionals to include, but not
limited to, physicians, nurses, midwives, and physical therapists.
5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail,
sickly, or with disability, and without pension or regular source of
income, compensation or financial assistance from his/her relatives to
support his/her basic needs, as determined by the DSWD in
consultation with the National Coordinating and Monitoring Board
(NCMB).
RULE IV
PRIVILEGES FOR THE SENIOR CITIZENS
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the
availment of benefits and privileges under the Act and these Rules, the
senior citizen, or his/her duly authorized representative, shall present
as proof of eligibility, a valid and original Senior Citizens' Identification
Card issued by the Head of the Office of Senior Citizens Affairs
(OSCA) of the place where the senior citizen resides, and which shall
be honored nationwide.
Article 7. Twenty Percent (20%) Discount and VAT Exemption - The
senior citizens shall be entitled to the grant of twenty percent (20%)
discount and to an exemption from the value-added tax (VAT), IF
APPLICABLE, on the sale of the goods and services covered by
Section 1 to 6 of this Article, from all establishments for the exclusive
use and enjoyment or availment of senior citizens.
For this purpose, the Department of Finance (DOF) through the
Bureau of Internal Revenue (BIR) shall come up with the appropriate
Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules that
shall cover among others, new invoicing procedures, reportorial
requirements, and a system for claiming tax deductions.
Section 1. MEDICAL_RELATED PRIVILEGES
(a) MEDICINE AND DRUG PURCHASES - The 20% discount and
VAT exemption shall apply to the purchase of generic or branded
medicines and drugs by or for senior citizens, including the
purchase of influenza and pneumococcal vaccines. The 20%
discount and VAT exemption shall also be granted to the purchase
of vitamins and mineral supplements which are medically
prescribed by an attending physician for prevention and treatment
of diseases, illness, or injury.
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND
EQUIPMENT - The 20% discount and VAT exemption privilege
shall also apply to the purchase of eyeglasses, hearing aids,
dentures, prosthetics, artificial bone replacements like steel,
walkers, crutches, wheelchairs whether manual or electric-
powered, canes/quad canes, geriatric diapers, and other essential
medical supplies, accessories and equipment by or for senior
citizens.
The purchase under Sections 1 (a) and (b) from drug stores,
hospital pharmacies, medical and optical clinics and similar
establishments including non-traditional outlets dispensing
medicines, shall be subject to guidelines that shall be issued by the
DOH within thirty (30) days from effectivity of these Rules, in
coordination with the Food and Drug Administration (FDA) and the
Philippine Health Insurance Corporation (PHILHEALTH). Said
guidelines shall also indicate what constitutes discounted essential
medical supplies, accessories and equipment as contemplated by
Section 1 (b), and will be subjected to a regular review as deemed
necessary in keeping with the changes, demands and needs of
senior citizens.
The guidelines issued by the DOH, in consultation with the DOF
and the BIR, shall also establish mechanisms of compulsory
rebates in the sharing of burden of discounts among retailers,
manufacturers and distributors, taking into consideration their
respective margins. When necessary, the DOF and the BIR shall
come up with the appropriate Revenue Regulations for this
purpose.
(c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE
FACILITIES - Medical and dental services, diagnostic and
laboratory tests such as but not limited to X-Rays, computerized
tomography scans, and blood tests, that are requested by a
 physician as necessary for the diagnosis and/or treatment of an
illness or injury are subjected to the 20% discount and VAT
exemption.
(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all
private hospitals, medical facilities, outpatient clinics and home
health care facilities shall be subjected to the 20% discount and
VAT exemption.
(e) PROFESSIONAL FEES OF LICENSED HEALTH
WORKERS PROVIDING HOME HEALTH CARE
SERVICES as endorsed by private hospitals or employed
through home health care employment agencies are entitled
to the 20% discount and VAT exemption. The burden of the
discount shall be borne solely by the employment agency
given the health worker's very minimal share compared to
the agency fee.
Section 2. DOMESTIC TRANSPORTATION PRIVILEGES
The Department of Transportation and Communication (DOTC), in
coordination with the Maritime Industry Authority (MARINA), Philippine
Ports Authority (PPA), the Civil Aeronautics Board (CAB), Light Rail
Transit Authority (LRTA), Philippine National Railways (PNR), Mass
Rail Transit Authority (MRTA) and Land Transportation Franchising and
Regulatory Board (LTFRB), shall within thirty (30) days from effectivity
of these Rules issue the necessary circulars or directives on the
following transportation privileges of senior citizens:
(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare
for domestic air, and sea travel, including \f0 advanced
booking, shall be subject to the 20% discount and VAT
exemption, if applicable.
(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare
in the public railways including LRT, MRT, and PNR, fares in
buses (PUB), jeepneys (PUJ), taxi and shuttle services
(AUV), are likewise subject to the 20% discount and VAT
exemption, if applicable.
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS,
AND PLACES OF LEISURES, AND FUNERAL SERVICES
The Department of Interior and Local Government (DILG) and
Department of Tourism (DOT) shall, within thirty (30) days from
effectivity of these Rules, issue the necessary circulars or directives to
establishments for its implementation to ensure compliance herewith.
(a) HOTELS AND SIMILAR LODGING
ESTABLISHMENTS - The discount shall be for room
accommodation and other amenities offered by the
establishment such as but not limited to hotel-based parlors
and barbershops, restaurants, massage parlor, spa, sauna
bath, aromatherapy rooms, workout gyms, swimming pools,
Jacuzzis, ktv bars, internet facilities, food, drinks and other
services offered. The term "hotel" shall include beach and
mountain resorts,
(b) RESTAURANTS - The discount shall be for the purchase
of food, drinks, dessert, and other consumable items served
by the establishments offered for the consumption of the
general public.
(c) For Dine-in services under paragraphs (a) and (b) of
Section 3, and Section 4, paragraph 2 of Article 7, the
privilege must be personally availed of by the senior citizen
as defined under these Rules, and no proxies or
authorization in favor of another person who is not a senior
citizen will be honored.
(d) Consistent with the intent of the Act, the phrase
"exclusive use and enjoyment" of the senior citizen shall
mean "for the senior citizen's personal consumption" only. As
such, the 20% senior citizen discount shall not apply to
"children's meals" which are primarily prepared and
intentionally marketed for children. Similarly, the 20% senior
citizen discount shall not apply to "pre-contracted" party
packages or bulk orders.
(e) Food, drinks and other consumable items provided in
Section 3 (a) and (b), and Section 4, paragraph 2 of Article 7
purchased by the senior citizen shall be processed
separately as an independent transaction from his/her non-
eligible companions to ensure that it is for his/her exclusive
consumption and to enable computation of the 205 discount
and the exemption from the Value Added Tax (VAT), which
only the senior citizen is entitled to.
However, if the group of diners is composed entirely of
senior citizens, all of whom present valid senior citizens IDs,
each shall be entitled to a 20% discount and exemption from
Value Added Tax.
(f) The 20% discount shall apply to Take-Out/Take-
Home/Drive-Thru orders as long as it is the senior citizen
himself/herself who is present and personally ordering, and
he/she can show a valid senior citizen ID card.
(g) For Delivery Orders, the 20% discount shall likewise
apply subject to certain conditions; i.e. senior citizen ID card
number must be given while making the order over the
telephone; the senior citizen ID card must also be presented
upon delivery to verify the identity of the senior citizen
entitled to the 20% discount.
(h) For the above-mentioned transactions under paragraphs
(f) and (g) of Section 3 of Article 7, the Most Expensive Meal
Combination (MEMC) shall apply to food purchases by
senior citizens. The MEMC is an amount corresponding to
the combination of the most expensive and biggest single-
serving meal with beverage served in a quick service
restaurant, is deemed flexible and is adjusted accordingly by
food establishments to estimate a single food purchase for
an individual senior citizen.
Section 4. RECREATION CENTERS - The discount shall be for the
utilization of services in the form of fees, charges and rental for sport
facilities or equipment, including golfcart rentals and green fees, or
venues for ballroom dancing, yoga, badminton courts, bowling lanes,
table or lawn tennis, workout gyms, martial arts facilities.
Non-profit, stock golf and country clubs which are not open to the
general public, and are private and for exclusive membership only as
duly proven by their official Securities and Exchange (SEC) registration
papers, are not mandated to give the 20% senior citizens discount.
However, should restaurants and food establishments inside these
country clubs be independent concessionaires and food sold are not
consumable items under club membership dues, they must grant the
20% senior citizen discount.
Section 5. ADMISSION FEES PRIVILEGE - The discount shall be
applied to admission fees charged by theaters, cinema houses and
concert halls, circuses, carnivals, and other similar places of culture,
leisure and amusement such as museums and parks.
Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or
any person who shall shoulder the funeral and burial expenses of the
deceased senior citizen, shall claim the discount under this Rule for the
deceased senior citizen upon presentation of the death certificate.
Such expenses shall cover the purchase of casket or urn, embalming,
hospital morgue, transport of the body to intended burial site in the
place of origin, but shall exclude obituary publication and the cost of
the memorial lot.
Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT
exemption shall also apply to purchases of goods and services by
senior citizens paying through credit cards.
Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and
services which are on promotional discount, the senior citizen can avail
of the establishment's offered discount or the 20% discount provided
herein, whichever is higher and more favorable.
In cases where the senior citizen is also a person with disability (PWD)
entitled to a 20% discount under his/her valid PWD identification card
(ID), the senior citizen shall use either his/her OSCA-issued ID card or
PWD ID card to avail of the 20% discount.
Article 10. TAX DEDUCTION - The establishment may claim the
discounts provided herein as tax deductions based on the cost of the
goods sold or services rendered: Provided. That the cost of the
discount shall be allowed as deduction from the gross income for the
same taxable year that the discount is granted: Provides, further, That
the total amount of the claimed tax deduction net of VAT, if applicable,
shall be included in their gross sales receipts for tax purposes and
shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code (NIRC), as amended.
For this purpose, the Department of Finance (DOF) through the
Bureau of Internal Revenue (BIR) shall come up with the appropriate
Revenue Regulations on the 20% senior citizens discount and VAT
exemption within thirty (30) days from effectivity of these Rules.
Article 11. OTHER PRIVILEGES
Section 1. INCOME TAX EXEMPTION - The senior citizen shall be
entitled to exemption from the payment of the individual income tax,
provided he/she is considered to be minimum wage earner in
accordance with Republic Act No. 9504.
Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen
shall be exempted from training fees for socio-economic programs
conducted by private and government agencies subject to the
guidelines to be issued within thirty (30) days from effectivity of these
Rules by the DTI, the Department of Labor and Employment (DOLE),
the DA, the Technical Education and Skills Development Authority
(TESDA) and the Department of Science and Technology - Technology
Resource Center (DOST-TRC).
Section 3. FREE MEDICAL AND DENTAL SERVICES IN
GOVERNMENT FACILITIES - Medical and dental services, diagnostic
and laboratory tests requested by the physician such as but not limited
to X-rays, computerized tomography scans, and blood tests availed of
by senior citizens, including professional fees of attending doctors in all
government hospitals, medical facilities, outpatient clinics, and home
health care services, shall be provided free of charge to senior citizens.
These shall be in accordance with the rules and regulation to be issued
by the DOH, in coordination with the PHILHEALTH.
Section 4. FREE VACCINATION FOR INDIGENT SENIOR
CITIZENS - The DOH shall, subject to technical and operational
guidelines which it shall issue not later than thirty (30) days from
effectivity of these Rules, administer free vaccinations against the
influenza virus and pneumococcal disease for indigent senior citizen
patients. Neglected, abandoned, unattached or homeless senior
citizens in government-run residential homes, centers and facilities
shall likewise be entitled to free vaccinations under these Rules.
The DOH shall enjoin all government and private hospitals, as well as
other health facilities to post, publish or print out a schedule of health
benefits and privileges i.e., laboratory and diagnostic test fees, which
should be regularly updated. These postings and publications shall be
clearly identified in the guidelines.
Section 5. EDUCATIONAL PRIVILEGES - Educational assistance
shall be granted to senior citizens to pursue post secondary, post
tertiary, as well as vocational or technical education in both public and
private schools through provision of scholarships, grants, financial aid,
subsidies and other incentives to qualified senior citizens, including
support for books, learning materials, and uniform allowance, to the
extent feasible: Provided, that senior citizens shall meet minimum
admission requirements.
Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the
extent practicable and feasible, the senior citizen shall be granted the
continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security
System (SSS) and PAG-IBIG, as the case may be, as are enjoyed by
those in active service.
Retirement benefits of retirees from both the government and the
private sector shall be regularly reviewed every year to ensure their
continuing responsiveness and sustainability, and to the extent
practicable and feasible, shall be upgraded to be at par with the current
scale enjoyed by those in actual service based on National Economic
and Development Authority (NEDA) poverty threshold per region as
determined by the National Statistical Coordination Board (NSCB).
Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN
SPECIAL PROGRAMS - To the extent possible, the government may
grant special discounts in special programs for senior citizens on
purchase of basic necessities and prime commodities, subject to the
guidelines to be issued for the purpose by the DTI and the DA within
(30) days from effectivity of these Rules. Provided, That such special
programs and their guidelines shall be developed by the concerned
department within the concerned department's jurisdiction.
Section 8. EXPRESS LANES PRIVILEGES - Accessible express
lanes for senior citizens shall be provided in all private, banking,
commercial, and government establishments; in the absence thereof,
priority shall be given to them.
Article 12. UTILITY DISCOUNTS
Section 1. Five (5%) Discount - The grant of a minimum of five percent
(5%) discount relative to the monthly utilization of water and electricity
by households with senior citizens; Provided, That the individual
meters for the foregoing utilities are registered in the name of the
senior citizen residing therein: provided, further, that the monthly
consumption does not exceed one hundred kilowatt hours (100 kWh)
of electricity and thirty cubic meters (30m') of water: Provided,
furthermore, that the privilege is granted per household regardless of
the number of senior citizens residing therein.
To avail of the discount under this Section, the senior citizen shall:
1. Apply for the discount personally or thru a representative.
There shall be annual renewal of application to the utility
provider.
2. Submit requirements.
a. Proof of age and citizenship
b. Proof of billing. Meter registration should be in
the name of the senior citizen for a period of one
year
c. Proof of residence
Section 2. Fifty (50%) Discount - The grant of a 50% discount an all
electricity, water, telephone consumption for DSWD-accredited senior
citizens centers and residential care institutions or group homes that
are government-run or organized and operated by non-stock, non-
profit domestic corporations, primarily for the purpose of promoting the
well-being of abandoned, neglected, unattached or homeless senior
citizens.
Such senior citizens centers and residential care or group
homes must have been in operation for at least six (6) months and
must have a separate meter for said utilities/services.
Section 3. DSWD shall issue the necessary guidelines within (30)
days from effectivity of these Rules for the accredited senior citizens
centers and residential/group homes willing to avail of the utility
discount.
The Energy Regulatory Commission (ERC), the Metropolitan
Waterworks and Sewerage System (MWSS), the Local Water Utility
Administration (LWUA) and other concerned utility-regulatory agencies
shall, within six (6) months after the effectivity of these Rules,
formulate supplemental guidelines to cover recovery rate mechanics
and/or sharing of burden, among other concern of the distribution
utilities.
RULE V
GOVERNMENT ASSISTANCE
Article 13. EMPLOYMENT
Section 1. Senior citizens, who have the capacity and desire to work,
or to be re-employed, shall be provided by the DOLE, in coordination
with other government agencies including local government units, with
information and matching services to enable them to be productive
members of society. Terms of employment shall conform to the
provisions of the Labor Code, as amended, Civil Service Laws and
other laws, rules and regulations.
Section 2. Private entities that shall employ senior citizens as
employees upon effectivity of the Act, shall be entitled to an additional
deduction from their gross Income, equivalent to fifteen percent (15%)
of the total amount paid as salaries and wages to senior citizens
subject to the provision of Section 34 of the National Internal Revenue
Code (NIRC), as amended and the Revenue Regulations to be issued
by the BIR and approved by the DOF; Provided, however, That such
employment shall continue for a period of at least six (6) months;
Provided, further, That the net annual income of the senior citizen does
not exceed the poverty level for that year as determined by NEDA thru
the NSCB.
Section 3. The DOLE, in coordination with other government
agencies, such as, but not limited to, the DOST-Technology Resource
Center (DOST-TRC) and the DTI, shall assess, design and implement
training programs that will provide free of charge to senior citizens the
appropriate skills development, livelihood training programs, and
welfare or livelihood support.
Article 14. EDUCATION
The Department of Education (DepEd), the DOST-TRC, the Technical
Education and Skills Development Authority (TESDA), and the
Commission on Higher Education (CHED), in consultation with non-
governmental (NGOs) and people's organizations (POs) for senior
citizens, shall institute a program that will ensure access of senior
citizens to formal and non-formal education. They are to:
a) Formulate and implement relevant and effective course
designs and educational programs;
 b) Conduct the necessary training for the implementation of
the appropriate curriculum for the purpose;
c) Ensure the availability of the needed-educational facilities
in the form of modular programs and other distance and
alternative learning materials;
d) In coordination with OSCA and the City or Municipal
Social Welfare and Development Officer, shall conduct
assessment and profiling of senior citizens who wanted to
study; and
e) Conduct continuing research and development program
for the necessary and relevant education of the senior
citizens.
Article 15. HEALTH
Section 1. The DOH, in coordination with local government units
(LGUs), NGOs and POs for senior citizens, shall institute a national
health program that shall incorporate the National Prevention of
Blindness Program, and shall also provide an integrated health service
for senior citizens.
It shall train community-based health workers including barangay
health workers, among senior citizens and health personnel to
specialize in geriatric care, gerontology, and health problems of senior
citizens.
Section 2. The National Health Program aims to promote healthy and
productive older population through the following:
a) Establishment and provision of a comprehensive and
integrated health service package catering to the specific
needs of the citizens;
b) Human resource development/capacity building of health
personnel in relation to the care and health problems of
senior citizens;
c) Health promotion;
d) Conduct of researches and study in geriatric care,
gerontology, and health needs of senior citizens;
e) In coordination with the municipal health worker,
designate one (1) barangay health worker to attend to senior
citizens' health needs;
f) The barangay, in coordination with local office health office
shall designate one day of every month specifically for
medical attention of senior citizens;
g) Establishment of senior citizens' ward in every
government hospital and in all levels of hospitals throughout
the country; and
h) Provision of accessible express lanes, or prioritization, in
all health facilities.
Section 3. Provide technical assistance in coordination with DSWD,
NGOs and other concerned agencies to local government units in the
establishment of community based health rehabilitation programs.
Article 16. SOCIAL SERVICES
The DSWD, in cooperation with the OSCA and the local government
units, non-governmental organizations and people'' organizations for
senior citizens, shall develop and implement programs and social
services for senior citizens. Local government units shall ensure that
the developed programs and social services are provided. The
components of these programs are:
a) Self and social enhancement services which provide
senior citizens opportunities for socializing, organizing,
creative expression, and improvement of self;
b) After care services for senior citizens who are discharged
from the homes/institutions for the aged, especially those
who have problems of reintegration with family and
community, wherein both the senior citizens and their
families are provided with counseling;
c) Neighborhood support services/home care wherein the
community or family members provide caregiving services to
their frail, sick, or bedridden senior citizens; and
d) Substitute family care in the form of residential care,
group homes, or foster homes for the abandoned, neglected,
unattached or homeless senior citizens and those incapable
of self-care.
e) Inclusion of community-based settings as practicum for
academic institutions and in the curriculum of caregiving and
technical vocational schools.
Article 17. HOUSING
The national government shall include in its national shelter program
the special housing needs of senior citizens, such as establishment of
housing units for the elderly.
Section 1. The Housing and Land Use Regulatory Board (HLURB)
shall formulate housing rules on how to develop subdivision suitable to
the requirements of male and female senior citizens. The Home
Development Mutual Fund (HDMF) shall promote the establishment of
elderly residence and shall review its existing circulars particularly the
limitation of the age requirements of sixty-five (65) years old at the date
of the loan application and seventy (70) years old at loan maturity. It
shall also consider the concept of pension in lieu compensation.
Section 2. The housing program for the poor senior citizens which
include the establishment/donation of group/foster homes for the
neglected, abused and unattached or homeless senior citizens and
those incapable of self-care including its management, maintenance
and operations shall be established in accordance with EO 105,
approving and directing the implementation of the program, "Provision
of Group/Foster Home for Neglected, Abandoned, Abused, Unattached
and Poor Older Persons and Persons with Disabilities" promulgated on
May 16, 2002.
Article 18. ACCESS TO PUBLIC TRANSPORT
The DOTC and its attached agencies and sectoral officers shall
improve the implementation or programs to assist senior citizens to
fully gain access in the use of public transport facilities. The minimum
requirements and standards to make transportation facilities and
utilities for public use accessible to senior citizens shall be developed
to enhance the mobility of senior citizens. There shall be strict
implementation of courtesy space and seats for the exclusive use of
senior citizens in all transport system. As far as practicable, PUVs shall
also strive to install safe lower stepping boards.
Article 19. INCENTIVE FOR FOSTER CARE
The DILG through the local government units, in consultation with the
DOF and the BIR which shall provide the necessary guidelines, shall
provide incentives to persons or NGO institutions implementing foster
care programs for senior citizens, as follows:
(a) reality tax holiday for the first five (5) years starting from
the first year of operation and/or implementation of foster
care program; and
(b) priority in the construction, or maintenance of provincial
or municipal roads leading to the aforesaid home, residential
community or retirement village.
Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as
may be determined by the DSWD, indigent senior citizens shall be
entitled to a monthly stipend amounting to Five hundred pesos (Php
500.00) to augment the daily subsistence and other medical needs of
senior citizens. The grant of social pension shall be subject to a review
every two (2) years by Congress, in consultation with the DSWD within
three months after convening the Congress.
The DSWD, in consultation with the Department of Budget and
Management (DBM), the DILG, the NCMB, NGOs, and people's
organizations shall formulate guidelines within thirty (30) days from
effectivity of these Rules for the development of criteria, selection of,
and establishment of database for indigent senior citizens focusing on
targeting, delivery, monitoring and evaluation, to facilitate
implementation of this additional government assistance.
Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent
senior citizens shall be covered by the national health insurance
program of PHILHEALTH. The local government units where the
indigent senior citizens reside shall allocate the necessary funds to
ensure the enrollment and lifetime coverage of their indigent senior
citizens, in accordance with the pertinent laws and regulations.
Section 3. SOCIAL SAFETY NETS - Social safety assistance intended
to cushion the effects of economic shocks; disasters and calamities
shall be available for senior citizens. The social safety assistance
which shall include, but not limited to, food, medicines, and financial
assistance for domicile repair, shall be sourced from the
disaster/calamity funds of local government units where the senior
citizens reside, subject to the guidelines to be issued by the DSWD in
coordination with DILG.
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance
of a minimum of Two thousand pesos (Php 2, 000.00) shall be given to
the nearest surviving relative who took care of the deceased senior
citizens reside, subject to the guidelines to be issued by the DSWD
and DILG.
In keeping with the intention of the law and similar government
assistance being granted, this benefit shall apply in relation to
deceased indigent senior citizens only. However, it will not preclude
LGUs already granting burial assistance to continue giving such benefit
to non-indigent senior citizens.
RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)
Article 21. Office of Senior Citizens Affairs - There shall be
established in all cities and municipalities an Office for Senior Citizens
Affairs (OSCA).
Section 1. OSCA Head - The senior citizen to be appointed by the City
or Municipal Mayor as OSCA Head should have the following
qualifications:
a) A Filipino citizen and resident of the municipality or city for
at least one (1) year;
b) A registered voter of the concerned city or municipality;
c) Able to read and write;
d) Must be physically and mentally capable of performing the
tasks of OSCA Head;
e) A bonafide member of a duly registered senior citizens
organization which has a track record of at least three
consecutive years;
f) Good moral character; and
g) At least a high school graduate
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall
be chosen from a list of three (3) nominees as recommended by a
general assembly of DSWD- accredited or LGU-registered senior
citizens organizations in the city or municipality. He/she shall appointed
by the mayor for a term of three (3) years without reappointment but
without prejudice to an extension not exceeding three (3) months, if
exigency so requires.
The OSCA Head shall be appointed to serve the interest of senior
citizens and shall not be removed or replaced except for reasons of
death, permanent disability, or ineffective performance of his duties to
the detriment of fellow senior citizens, as stated in a resolution issued
by the general assembly. In case of death or permanent disability, the
remaining term shall be served by the new reappointed if he/she has
not served one-half of the full term.
Section 3. Remuneration for Services Rendered. - The head of the
OSCA shall be entitled to received an honorarium of an amount
equivalent to at least Salary Grade 10 to be approved by the local
government unit concerned.
For 3rd to 6th class local government units, their respective
sanggunians may provide for a reasonable and practicable
remuneration for the OSCA Head.
Section 4. Functions of OSCA. - The office for Senior Citizens Affairs
shall have the following Functions:
a) In consultation with the City or Municipal Social Work and
Development Officer and duly registered senior citizen
organizations, to plan, develop, implement, consolidate, and
monitor yearly work programs in pursuance of the objectives
of the Act and its Rules;
b) To draw up a list of available and required services which
can be provided by the registered federations and
associations of senior citizens;
c) To maintain and regularly update on a quarterly basis the
list of senior citizens and to issue national uniform individual
identification cards and purchase booklets, free of charge,
which shall be valid anywhere in the country;
d) To serve as a general information and liaison center the
needs of the senior citizens;
e) To monitor compliance of the provisions of the Act and its
Rules particularly the grant of special discounts and
privileges to senior citizens;
f) To report to the Mayor, any person, natural or judicial;
establishments, business, entity, institution or agency found
violating any provision of the Act and its Rules;
g) To facilitate the creation of a city or municipality
coordinating and monitoring board consisting of OSCA
Head, the City or Municipal Social Work and Development
Officer and the presidents of concerned duly registered
senior citizens organizations to deliberate and act on the
complaints;
h) To assist senior citizens in filling complaints or charges
against any person, natural or judicial; establishment,
institution, or agency refusing to comply with the privileges
under the Act before the Department of Justice (DOJ), the
Provincial Prosecutor's Office, the regional or the municipal
trial court, the municipal trial court in cities, or the municipal
circuit trial court;
i) To assist and coordinate with the concerned person,
natural or judicial, establishment, institution or agency in
investigating fraudulent practices and abuses of the discount
and privileges exclusively granted to senior citizens ; and
j) To establish linkages and work together wit the accredited
NGOs, people's organizations, and the barangays in their
respective areas.
Section 5. Operations and Maintenance of OSCA. - The necessary
appropriation for the operation and maintenance of the OSCA shall be
provided by the local government units concerned. An office space
established at the Office of the Mayor shall likewise be provided.
Section 6. Assistance and Supervision of OSCA. - The OSCA Head
shall be assisted by the City of the Municipal Social Welfare and
Development Officer (C/MSWDO). The Office of the Mayor shall
exercise supervision over the OSCA relative to their plans, activities
and programs for senior citizens.
RULE VII
PENALTIES AND OTHER SANCTIONS
Article 22. Violations in Discounted Medicine Purchases - The
following acts concerning drug and medicine purchases are considered
violative of the provisions of the Act and its Rules:
Section 1. A senior Citizen or his /her representative or a person
misusing the privileges by:
a) using several purchase booklets,
b) availing of the discounts to buy medicines, drugs, medical
accessories and supplies not for the use of the senior
citizen,
c) unauthorized use of the identification card of the senior
citizen.
Section 2. A medical practitioner giving prescription to other persons in
the name of the senior citizen or giving anomalous prescription.
Section 3. Retailers and establishments dispensing medicines:
a) refusing to grant the full 20% senior citizens discount and
VAT exemption on drug and medicine purchases paid via
credit card,
b) making a distinction between branded and generic drugs
and medicines in giving the 20% discount,
c) posting notices and signages telling customers that
availment of the 20% discount is limited to cash purchases
only,
d) "limiting" of discountable drug and medicine purchases to
certain weekdays only, such that senior citizens cannot avail
of the 20% discount on other days, and e) restricting the
purchase time or period for senior citizen discounts after a
certain hour.
Article 23. Violations in Discounted Food Purchases - The
following acts concerning food purchases are considered violative of
the provisions of the Act and its Rules:
a) Pegging a maximum amount of food purchase subject to
20% discount and the VAT exemption, and/ or posting of
notice to that effect;
b) Refusal to grant the 20% discount and VAT exemption on
take -out/ take home/ drive-thru orders it appearing that the
purchase is for the exclusive use and enjoyment of senior
citizens;
c) Refusal to grant a 20% discount and VAT exemption on
delivery orders it appearing that the purchases is for the
exclusive use and enjoyment of senior citizens.
Article 24. PENALTIES - Any person who refuses to honor the senior
citizen card or violates any provision of the Act and its Rules shall
suffer the following penalties:
Section 1. For the first violation, a fine of not less than Fifty thousand
pesos (Php 50,000.00) but not exceeding One hundred thousand
pesos (Php 100,000.00) and imprisonment for not less than two (2)
years but not more than six (6) years; and
Section 2. For any subsequent violation, a fine of not less than One
hundred thousand pesos (Php 100,000.00) but not exceeding Two
hundred thousand pesos (Php 200,000.00) and imprisonment for not
less than two (2) years but not more than six (6) years.
Section 3. Any person who abuses the privileges granted herein shall
be punished with a fine of not less than fifty thousand pesos (Php
50,000.00) but not more than One hundred thousand pesos (Php
100,000.00) and imprisonment of not less than six (6) months.
Section 4. If the offender is an alien or a foreigner, he/she shall be
deported immediately after service of sentence without further
deportation proceedings.
Section 5. If the offender is a corporation, partnership, organization or
any similar entity the officials thereof directly involved such as the
president, general manager, managing partner, or such other officer
charged with the management of the business affairs shall be liable
therefor.
Section 6. Upon filing of an appropriate complaint, and after due
notice and hearing, the proper authorities may also cause the
cancellation or revocation of the business permit, permit to operate,
franchise and other similar privileges granted to any person,
establishment or business entity that fails to abide by the provisions of
the Act and these Rules.
RULE VIII
MONITORING AND COORDINATING MECHANISM
Article 25. Monitoring and Coordinating Mechanism. - An inter-
agency coordinating and monitoring mechanism at the national level
shall be established which shall be called the National Coordinating
and Monitoring Board (NCMB) on the Expanded Senior Citizens Act of
2010.
Section 1. NCMB Composition. - The National Coordinating and
Monitoring Board shall be composed of the following:
a) Chairperson - Secretary of the Department of Social
Welfare and Development (DSWD), or authorized
representatives;
b) Vice-Chairperson - Secretary of the Department of the
Interior and Local Government (DILG), or authorized
representatives;
c) Members: Secretaries or authorized representatives of the
following:
1) Department of Justice (DOJ);
2) Department of Health (DOH);
3) Department of Trade and Industry (DTI); and
4) Representatives from five (5) accredited NGOs
for senior citizens
The National Inter-Agency Coordinating and Monitoring Board may call
on other government agencies, NGOs and people's organizations to
serve as resource persons as the need arises. Resource persons have
no voting rights at the Board.
Section 2. NGO/PO Representation. - The representatives from
accredited NGOs and people's organizations shall be senior citizens,
or from other sectors that have services primarily for senior citizens.
These NGO representatives which shall be selected and appointed by
the Board shall serve for a period of three (3) years.
Section 3. Level of Representation. - The authorized representative to
the National Coordinating and Monitoring Board from the government
agencies shall have a rank of not lower than Director level or its
equivalent, and for the NGOs, shall have a rank not lower than an
Executive Director.
Section 4. Functions. - The National Coordinating and Monitoring
Board (NCMB) shall have the following functions:
a) Formulate a National Plan of Action for Senior Citizens in
coordination with concerned government agencies and other
stakeholders;
b) Develop an effective monitoring and reporting system
towards an efficient, consistent and uniform implementation
of the law;
c) Develop and institute effective and innovative approaches
and methods with which to address emerging concerns of
the senior citizens;
d) Coordinate the programs and projects of government
agencies with responsibilities under RA No. 9994 and these
Rules;
e) Coordinate the conduct of nationwide information,
education campaign and other advocacy activities on RA No.
9994;
f) Monitor the conduct of orientation, training and other
capability building programs to maximize the contributions
and participation of senior citizens;
g) Coordinate the conduct and evaluation of the plan of
action, research and documentation of good practices and
disparities for policy and program development;
h) To actively establish national, regional and international
networks for resource generation and technical cooperation;
and
i) Prepare yearly accomplishment report for the Office of the
President, Congress, and the concerned national
government and local government units.
Section 5. Coordinating and Monitoring Body at the Regional Level. -
There shall be established in all regions a Regional Coordinating and
Monitoring Board (RCMB) with similar membership and functions as
the National Board. As far as practicable, similar bodies shall be
established in the local government units.
Section 6. Secretariat. - The Department of Social Welfare and
Development shall serve as the Secretariat to the Board at the national
and at the regional levels.
RULE IX
FINAL PROVISIONS
Article 26. Appropriations. - The appropriation necessary to
implement the provisions of the Act and its Rules shall be included in
the respective budgets of the responsible national government
agencies subject to availability of funds. The heads of departments and
agencies as well as local chief executives concerned shall immediately
include in their annual appropriations the funding necessary to
implement these programs and services.
Section 1. The funds to be used for the national health program and
for the vaccination of indigent senior citizens in the first year of
implementation shall be added to the regular appropriations of the
DOH and thereafter, as a line item under the DOH budget in the
subsequent General Appropriations Act (GAA) subject to availability of
funds.
Section 2. The monthly social pension for indigent senior citizens in
the first year of implementation shall be added to the regular
appropriations of the DSWD and thereafter as a line item under the
DSWD budget in the subsequent GAA subject to availability of funds.
Section 3. The local government units concerned shall provide the
necessary appropriations for the operation and maintenance of the
OSCA.
Article 27. Repealing Clause. - All laws, presidential decrees,
executive orders and rules and regulations or part thereof, contrary to,
or inconsistent with the provisions of these Rules, are hereby repealed
or modified accordingly.
Article 28. Separability Clause. - Should any provision of the Rules be
found unconstitutional or invalid by a court of law, such provision shall
be served from the remainder of these Rules and such action shall not
affect the enforceability of the remaining provisions of these Rules.
Article 29. Effectivity. - These Rules and Regulations shall take effect
fifteen (15) days after its complete publication in at least two (2)
national newspapers of general circulation, and submission to the
Office of the National Administrative Register, Law Center, University of
the Philippines.