PRESIDENTIAL DECREE No.

148 March 13, 1973

AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT

NUMBERED SIX HUNDRED SEVENTY-NINE, AS AMENDED, COMMONLY
KNOWN AS THE WOMAN AND CHILD LABOR LAW

Article II of the New Constitution, the State shall among other policies, afford protection to labor, promote full
employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate
the relations between workers and employers. There is an urgent need to translate these policies into meaningful reality
consistent with the demands of national development particularly in so far as the employment of women and minors is
concerned;

Section 1. Minimum Employable Age. No child below 14 years of age shall be employed by any employer, except where
the child works directly under the sole responsibility of his parent or guardian, involving activities which are
not hazardous in nature and which do not in any way interfere with his schooling."

Section 2. Age Eligibility for Employment. Any person between 14 and 18 years of age may be employed in any non-
hazardous undertaking as determined by the Secretary of Labor. The employer shall not discriminate against
any such person in respect to terms and conditions of employment on account of his age."

Section 3. Additional coverage. Any woman who is permitted or suffered to work, with or without compensation in any
nightclubs, cocktail lounges, bars, massage clinics, or in any similar places, shall be considered as employees
of such establishments for purposes of this and other existing labor and social legislations."

Section 4. Section 7 of the same Act is further amended by amending paragraph (b) to read as follows:

(b) No woman, regardless of age, shall be allowed to work, with or without compensation, in any industrial
undertaking or branch thereof between ten o'clock at night and six o'clock in the morning of the following day,
except for activities which may be allowed by the Secretary of Labor through implementing rules and
regulations."

Section 5. Section 8 of the same Act is further amended to read as follows:

Sec. 8. Maternity Leave Benefits.

(a) Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at
least six months for the last twelve months, maternity leave of at least two weeks prior to the expected date of
delivery and another four weeks after normal delivery or abortion, with full pay based on her regular or
average weekly wages. The employer may require from any woman employee applying for maternity leave the
production of a medical certificate stating that delivery will probably take place within two weeks.

(b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of
the pregnancy, delivery, abortion, or miscarriage, which renders the woman unfit for work, unless she has
earned unused leave credits from which such extended leave may be charged.

(c) The maternity leave provided in the preceding paragraph shall be paid by the employer only for the first
four deliveries by a woman employee after the effectivity of this Decree.

(d) The Secretary of Labor may by regulation require an employer to establish a nursery in his workplace for
the benefit of his women employees.

(e) Establishments which are required by law to maintain a clinic or infirmary shall provide free family
planning services to their employees which shall include, but not limited to, the application or use of
contraceptive and/or intra-uterine devices.
 (f) In coordination with the other agencies of the Government engaged in the promotion of family planning,
the Department of Labor shall develop and prescribe incentive bonus schemes to encourage family planning
among the married workers in any establishment or enterprise."

Section 6. Section 9 of the same Act is further amended by amending paragraph (b) and by adding thereto paragraph (c) to
read as follows:

(a) It shall be the duty of every employer to give his employees not less than sixty minutes time-off for their
regular meals, unless otherwise prescribed by the Secretary of Labor.

(b) The Secretary of Labor shall also establish standards that will insure the health and safety of women
employees."

Section 7. Section 10 of the same Act is hereby repealed.

Section 8. Section 12 of the same Act as amended, is further amended by amending paragraph (c) to read as follows:

(c) It shall be unlawful for an employer to require as a condition of employment or continuation of

employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting
married a woman employee shall be deemed resigned or separated, or to actually dismiss; discharge,
discriminate or otherwise prejudice a woman employee merely by reason of her marriage."

Section 9. Repealing Clause. All laws, decrees, orders and regulations or parts thereof, which are contrary to or
inconsistent with this Decree are hereby repealed.

Section 10. Effectivity. This Decree shall take effect immediately.

PRESIDENTIAL DECREE No. 223 June 22, 1973

CREATING THE PROFESSIONAL REGULATION COMMISSION AND

PRESCRIBING ITS POWERS AND FUNCTIONS

The regulations of the various profession presently regulated by the Office of the Boards of Examiners is so
extensive, practically covering all social and economic life of the country. The existence of the Boards of Examiners is
misconstrued for a number of years now as nothing more than an examining unit, though all the professional laws creating
the various Boards have charged them with the supervision and regulation over the professional practice in the
Philippines; and

WHEREAS, to effectively enforce the laws regulating the various professions, there is an urgent need to create a
three-man Commission to administer, implement, coordinate and supervise the various Boards of Examiners;

Section 1. Professional Regulation Commission. There is hereby created a three-man Commission to be known as the
Professional Regulation Commission which shall be attached to the Office of the President for general
direction and coordination.

Section 2. Composition. The Commission shall be headed by one full time Commissioner and two full time Associate
Commissioners, all to be appointed by the President for a term of nine (9) years without reappointment to start
from the time they assume office, except the first two Associate Commissioners who shall be appointed, one
for six (6) years and the other for three (3) years, and thereafter, any vacancy in the Commission shall be filled
for the unexpired term only with the most senior of the Associate Commissioners succeeding the
Commissioner at the expiration of his term, resignation or removal. No person shall be appointed chairman or
 member of the Commission unless he is at least forty (40) years of age, familiar with the principles and
methods of professional regulation and/or licensing and has at least five (5) years of executive or managerial
experience.

Section 3. Exercise of powers and functions of the Commission. The Commissioner, who shall be the Chairman of the
Commission, and the Associate Commissioners as members thereof shall, as a body, exercise general
administrative, executive and policy-making functions for the whole agency.

Section 4. Compensation. The Commissioner shall receive an annual compensation of forty-eight thousand pesos
(P48,000) with five hundred pesos (P500) commutable transportation and representation allowances and the
Associate Commissioners, thirty-six thousand pesos (P36,000) each with three hundred fifty pesos (P350)
commutable transportation and representation allowances.

Section 5. Powers of the Commission. The powers of the Commission are as follows:

a) To administer, implement and enforce the regulatory policies of the National Government with respect to
the regulation and licensing of the various professions and occupations under its jurisdiction including the
maintenance of professional and occupational standards and ethics and the enforcement of the rules and
regulations relative thereto.

b) To perform any and all acts, enter into contracts, make such rules and regulations and issue such orders and
other administrative issuances as may be necessary in the execution and implementation of its functions and
the improvement of its services.

c) To review, coordinate, integrate and approve the policies, resolutions, rules and regulations, orders or
decisions promulgated by the various Boards with respect to the profession or occupation under their
jurisdictions including the results of their licensures examination but their decisions on administrative cases
shall be final and executory unless appealed to the Commission within thirty (30) days from the date of
promulgation thereof.

d) To administer and conduct the licensure examinations of the various Boards according to the rules and
regulations promulgated by it; determine and fix the places and dates of examinations; appoint supervisors and
room examiners from among the employees of the Government or private individuals who have been trained
by the Commission for that purpose who shall be entitled to a daily allowance of not less than ten pesos (P10)
for every examination day actually attended; use the buildings and facilities of public and private schools for
examination purposes; and approve the release of examination results;

e) To keep and maintain a register of authorized practitioners of the profession or occupation; issue certificates
of registration or licenses signed by all the members of the Board concerned and the Commissioner with the
official seal of the Board affixed;

f) To have custody of all the records of the various Boards including their examination papers, minutes of
deliberation, records of administrative cases and investigations and examination results;

g) To determine, fix and collect the amount to be charged for examination, registration, registration without
examination, licenses, annual registration fees, certifications, surcharges and other fees not specified under the
provisions of Republic Act No. 6511 or amend the rates provided thereunder subject to approval by the Office
of the President;

h) To appoint, subject to the provisions of existing laws, such as officials and employees of the Commission as
are necessary in the effective performance of its functions and responsibilities, prescribed their duties and fix
their compensation; and to organize or reorganize the structure of the Commission, create or abolish positions,
change the designations of existing positions to meet changing conditions or as the need therefor arises;
Provided, That such changes shall not affect the employment status of the incumbents, reduce their ranks
and/or salaries nor result separating them from the services;
 i) To submit and recommend to the President of the Philippines nominees for appointment as members of the
various Boards from among those nominated by the bona fide professional organizations accredited by the
Commission to fill existing or probable vacancies;

j) The Commission may, upon the recommendation of the Board concerned, approve the registration of and
authorize the issuance of a certificate of registration with or without examination to a foreigner who is
registered under the laws of his country: Provided, That the requirement for the registration or licensing in said
foreign state or country are substantially the same as those required and contemplated by the laws of the
Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice
the profession on the same basis and grant the same privileges as the subject or citizens of such foreign state or
country: Provided, finally, That the applicant shall submit competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs, showing that this country's existing laws permit citizens of
the Philippines to practice the profession under the rules and regulations governing citizens thereof. The
Commission is also hereby authorized to prescribe additional requirements or grant certain privileges to
foreigners seeking registration in the Philippines if the same privileges are granted to or some additional
requirements are required of citizens of the Philippines in acquiring the same certificates in his country;

k) The Commission shall have general supervision over foreign nationals who are authorized by existing laws
or granted special permits to, practice their profession temporarily in the Philippines to see that the terms and
conditions for their employment are strictly observed and adhered to;

l) to prescribe or revise, in conjunction with the Board concerned and the Secretary of Education and Culture
or his authorized representative, collegiate courses the completion of or graduation from which shall be a
prerequisite for admission into the practice of the profession concerned;

m) To exercise general supervision over the members of the various Boards;

n) To promulgate such rules and regulations as may be necessary to effectively implement policies with
respect to the regulation and practice of the professions;

o) To perform such other functions and duties as may be necessary to carry out effectively the various
provisions of professional regulatory laws, decrees or orders;

Section 6. Powers, functions and responsibilities of various Boards. The various Boards shall retain the following powers,
functions and responsibilities:

a) To look from time to time into the condition affecting the practice of the profession or occupation under
their respective jurisdictions and whenever necessary, adopt such measures as may be deemed proper for the
enhancement of the profession or occupation and/or the maintenance of high professional, ethical and technical
standards and for this purpose the members of a Board may personally or through subordinate employees of
the Commission conduct ocular inspection or visit industrial, mechanical, electrical or chemical plants or
works, hospitals, clinics and other engineering works where registered practitioners of the profession or
occupation are employed or are working for the purpose of determining compliance with the provisions of
laws relative to the practice of the profession or occupation or as an aid in formulating policies relative thereto
in accordance with the established policies promulgated by the Commission;

b) To investigate violations of their respective laws and the rules and regulations promulgated thereunder and
for this purpose may issue summons, subpoenas and subpoena duces tecum to alleged violators or witnesses
thereof and compel their attendance to such investigations or hearings;

c) To delegate the hearing of investigation of administrative cases filed before them except in cases where the
issue involved strictly concerns the practice of the profession or occupation, in which case the hearing shall be
presided by at least one member of the Board concerned assisted by a legal or hearing officer of the
Commission;
 d) To promulgate decisions on such administrative cases subject to review by the Commission. If after thirty
(30) days from the receipt of such decision no appeal is taken therefrom to the Commission, the same shall
become final and immediately enforceable;

e) Subject to review by the Commission to approve registration without examination and the issuance of the
corresponding certificates of registration;

f) After due process, to suspend, revoked or reissue certificates of registration for causes provided for by law
or by the rules and regulations promulgated therefor;

g) To determine and prepare the contents of licensure examinations; score and rate the examination papers and
submit the results thereof to the Commission within one hundred twenty (120) days after the last examination
day unless extended by the Commission; and, subject to approval by the Commission determine the
appropriate passing general rating if not provided for in the law regulating the profession.

Section 7. Names of various Boards. The names of the various Boards shall be changed by the Commission by deleting
the word "Examiners."

Section 8. Transfer of personnel, funds, records, etc. The present office of the Boards of Examiners, its personnel, funds,
records, supplies, equipment, materials, furniture, and fixture are hereby transferred to the Commission.

Section 9. Repealing clause. The provisions of Republic Act No. 546 are hereby repealed as well as those of other
pertinent laws inconsistent herewith.

Section 10. Effectivity. This Decree shall take effect immediately.

Presidential Decree No. 442 May 1, 1974

OMNIBUS RULES IMPLEMENTING THE LABOR CODE- RULES ON

EMPLOYEES COMPENSATION

A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING AND

CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION
TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND ENSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE

Chapter 1

EMANCIPATION OF TENANTS

Article 7. Statement of objectives. Inasmuch as the old concept of land ownership by a few has spawned valid and
legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate
grievances being one of the fundamental objectives of the New Society, it has become imperative to start
reformation with the emancipation of the tiller of the soil from his bondage.

Article 8. Transfer of lands to tenant workers. Being a vital part of the labor force, tenant-farmers on private agricultural
lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as
landed estate or not shall be deemed owner of a portion constituting a family size farm of five hectares if not
irrigated and three hectares if irrigated.
 In all cases, the landowner may retain an area of not more than seven hectares if such landowner is cultivating
such area or will now cultivate it.

Article 9. Determination of land value. For the purpose of determining the cost of the land to be transferred to the m
tenant-farmer, the value of the land shall be equivalent to two and one-half times the average harvest of three
normal crop years immediately preceding the promulgation of Presidential Decree No. 27 on October 21,
1972.

The total cost of the land, including interest at the rate of six percent per annum, shall be paid by the tenant in
fifteen years of fifteen equal annual amortizations.

In case of default, the amortizations due shall be paid by the farmer's cooperative of which the defaulting
tenant-farmer is a member, with the cooperative having a right of recourse against him.

The government shall guarantee such amortizations with shares of stock in government-owned and
government-controlled corporations.

Article 10. Conditions of ownership. No title to the land acquired by the tenant-farmer under Presidential Decree No. 27
shall be actually issued to him unless and until he has become a full-fledged member of a duly recognized
farmers' cooperative.

Title to the land acquired pursuant to Presidential Decree No. 27 or the Land Reform Program of the
Government shall not be transferable except by hereditary succession or to the Government in accordance with
the provisions of Presidential Decree No. 27, the Code of Agrarian Reforms and other existing laws and
regulations.

Article 11. Implementing agency. The Department of Agrarian Reform shall promulgate the necessary rules and
regulations to implement the provisions of this chapter.

Book 1

PRE-EMPLOYMENT

Article 12. Statement of objectives. It is the policy of the State:

(a) To promote and maintain a state of full employment through improved manpower training, allocation and
utilization; lawphi1.net

(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms
and conditions of employment;

(c) To facilitate a free choice of available employment by persons seeking work in conformity with the
national interest;

(d) To facilitate and regulate the movement of workers in conformity with the national interest;

(e) To regulate the employment of aliens, including the establishment of a registration and/or work permit
system;

(f) To strengthen the network of public employment offices and rationalize the participation of the private
sector in the recruitment and placement of workers, locally and overseas, to serve national development
objectives.
 (g) To insure careful selection of Filipino workers for overseas employment in order to protect the good name
of the Philippines abroad.

Title I

RECRUITMENT AND PLACEMENT OF WORKERS

Chapter 1

GENERAL PROVISIONS

Article 13. Definitions.

(a) "Workers" means any member of the labor force, whether employed or unemployed.

(b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing,
hiring or procuring workers, and includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any
manner, offers or promises for a free employment to two or more persons shall be deemed engaged in
recruitment and placement.

(c) "Private employment agency" means any person or entity engaged in the recruitment and placement of
workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

(d) "License" means a document issued by the Department of Labor authorizing a person or entity to operate a
private employment agency.

(e) "Private recruitment entity" means any person or association engaged in the recruitment and placement of
workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.

(f) "Authority" means a document issued by the Department of Labor authorizing a person or association to
engage in recruitment and placement activities as a private recruitment entity.

(g) "Seaman" means any person employed in a vessel engaged in maritime navigation.

(h) "Overseas employment" means employment of a worker outside the Philippines.

(i) "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of an
immigrant visa or resident permit or its equivalent in the country of destination.

Article 14. Employment promotion. The Secretary of Labor and Employment shall have the power and authority to:

(a) Organize and establish new employment offices in addition to the existing employment offices under the
Department of Labor as the need arises;

(b) Organize and establish a nationwide job clearance and information system to inform applicants registering
with a particular employment office of job opportunities in other parts of the country as well as job
opportunities abroad;

(c) Develop and organize programs that will facilitate occupational, industrial and geographical mobility of
labor and provide assistance in the relocation of workers from one area to another; and

(d) Require any person, establishment, organization or institution to submit such employment information as
may be prescribed by the Department of Labor and Employment.
Article 15. Bureau of Employment Services. (a) The Bureau of Employment Services shall be primarily responsible for
developing and monitoring a comprehensive employment program.

It shall have the power and duty:

1. To formulate and develop plans and programs to implement the employment promotion objectives of
this Title;

2. To establish and maintain a registration and/or licensing system to regulate private sector participation
in the recruitment and placement of workers, locally and overseas, and to secure the best possible terms
and conditions of employment for Filipino contract workers and compliance therewith under such rules
and regulations as may be issued by the Department of Labor and Employment.

3. To formulate and develop employment programs designed to benefit disadvantaged groups and
communities;

4. To establish and maintain a registration and/or work permit system to regulate the employment of
aliens;

5. To develop a labor market information system in aid of proper manpower and development planning;

6. To develop a responsive vocational guidance and testing system in aid of proper human resources
allocation; and

7. To maintain a central registry of skill, except seamen.

(b) The regional offices of the Department of Labor shall have the original and exclusive jurisdiction over all
matters or cases involving employer-employee relations including money claims, arising out of or by virtue of
any law or contracts involving Filipino workers for overseas employment except seamen: Provided, That the
Bureau of Employment Service may, in the cases of the National Capital Region, exercise such power,
whenever the Department of Labor and Employment deems it appropriate. The decisions of the regional
offices or the Bureau of Employment Services if so authorized by the Secretary of Labor and Employment as
provided in this Article, shall be appealable to the National Labor Relations Commission upon the same
grounds provided in Article 223 hereof. The decisions of the National Labor Relations Commission shall be
final and inappealable.

(c) The Department of Labor and Employment shall have the power to impose and collect fees, based on rate
recommended by the Bureau of Employment Services. Such fees shall be deposited in the National Treasury
as a special account of the General Fund, for the promotion of the objectives of the Bureau of Employment
Services, subject to the provisions of Section 40 of Presidential Decree No. 1177.

Article 16. Private recruitment. Except as provided in Chapter II of this Title, no person or entity, other than the public
employment offices and the OEDB for overseas employment, shall engage in the recruitment and placement
of workers.

Article 17. Overseas Employment Development Board. An Overseas Employment Development Board is hereby created
to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas
employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable
employment practices. It shall have the power and duty:

1. To promote and overseas employment of Filipino workers through a comprehensive market promotion and
development program;

2. To secure the best possible terms and conditions of employment of Filipino contract workers on a
government-to-government basis and to ensure compliance therewith;
 3. To recruit and place workers for overseas employment on a government arrangement and in such other
sectors as policy may dictate; and

4. To act as secretariat for the Board of Trustees of the Welfare and Training Fund for Overseas Workers.

Article 18. Ban on direct hiring. No employer may hire a Filipino worker for overseas employment except through the
Boards and entities authorized by the Department of Labor and Employment. Direct hiring by members of the
diplomatic service, officials and employees of international organizations and such other employers as may be
allowed by the Department and Labor and Employment is exempt from this provision.

Article 19. Office of Emigrant Affairs.

(a) Pursuant to the national policy to maintain close ties with Filipino migrant communities and promote their
welfare as well as establish a data bank in aid of national manpower policy information, an Office of Emigrant
Affairs is hereby created in the Department of Labor and Employment. The Office shall be a unit at the Office
of the Secretary and shall initially be manned and operated by such personnel and through such fundings as are
available within the Department and its attached agencies. Thereafter, its appropriation shall be made part of
the regular General Appropriation Decree.

(b) The Office shall, among others, promote the well-being of emigrants and maintain their close link to the
homeland by:

1. Serving as a liaison with migrant communities;

2. Providing welfare and cultural services;

3. Promoting and facilitating re-integration of migrants into the national mainstream;

4. Promoting economic, political and cultural ties with the communities; and

5. Undertaking such activities as may be appropriate to enhance such cooperative links.

Article 20. National Seamen Board.

(a) A National Seamen Board is hereby created which shall develop and maintain a comprehensive program
for Filipino seamen employed overseas. It shall have the power and duty:

1. To provide free placement services for seamen;

2. To regulate and supervise the activities of agents or representatives of shipping companies in the hiring
of seamen for overseas employment; and secure the best possible terms of employment for contract
seamen workers and secure compliance therewith; and

3. To maintain a complete registry of all Filipino seamen.

(b) The Board shall have original and exclusive jurisdiction over all matters or cases including money claims,
involving employer-employee relations, arising out of or by virtue of any law or contracts involving Filipino
seamen for overseas employment. The decision of the Board shall be appealable to the National Labor
Relations Commission upon the same grounds provided in Article 223 hereof. The decision of the National
Labor Relations Commission shall be final and inappealable.

Article 21. Foreign service role and participation. To provide ample protection to Filipino workers abroad, the labor
attaches, the labor reporting officers duly designated by the Department of Labor and Employment and the
Philippine diplomatic or consular officials concerned, shall, even without prior instruction or advice from the
home office, exercise the power and duty:
 (a) To provide all Filipino workers within their jurisdiction assistance on all matters arising out of
employment;

(b) To ensure that Filipino workers are not exploited or discriminated against;

(c) To verify and certify as requisite to authentication that the terms and conditions of employment in
contracts involving Filipino workers are in accordance with the Labor Code and rules and regulations of the
Overseas Employment Development Board and the National Seamen Board;

(d) To make continuing studies or research and recommendations on the various aspects of the employment
market within their jurisdiction:

(e) To gather and analyze information on the employment situation and its probable trends, and to make such
information available to the Department of Labor and Employment and the Department of Foreign Affairs;
and

(f) To perform such other duties as may be required of them from time to time.

Article 22. Mandatory remittance of foreign exchange earnings. It shall be mandatory for all Filipino workers abroad to
remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the
country in accordance with rules and regulations prescribed by the Secretary of Labor and Employment.

Article 23. Composition of the Boards.

(a) The OEDB shall be composed of the Secretary of Labor and Employment as Chairman, the
Undersecretary of Labor as Vice-Chairman, and a representative each of the Department of Foreign Affairs,
the Department of National Defense, the Central Bank, the Department of Education, Culture and Sports, the
National Manpower and Youth Council, the Bureau of Employment Services, a workers' organization and an
employers' organization and the Executive Director of the OEDB as members.

(b) The National Seamen Board shall be composed of the Secretary of Labor and Employment as Chairman,
the Undersecretary of Labor as Vice-Chairman, the Commandant of the Philippine Coast Guard, and a
representative each of the Department of Foreign Affairs, the Department of Education, Culture and Sports,
the Central Bank, the Maritime Industry Authority, the Bureau of Employment Services, a national shipping
association and the Executive Director of the NSB as members.

The members of the Boards shall receive allowances to be determined by the Board which shall not be more
than P2,000 per month.

(c) The Boards shall be attached to the Department of Labor for policy and program coordination. They shall
each be assisted by a Secretariat headed by an Executive Director who shall be a Filipino citizen with
sufficient experience in manpower administration, including overseas employment activities. The Executive
Director shall be appointed by the President of the Philippines upon the recommendation of the Secretary of
Labor and shall receive an annual salary as fixed by law. The Secretary of Labor shall appoint the other
members of the Secretariat.

(d) The Auditor General shall appoint his representative to the Boards to audit their respective accounts in
accordance, with auditing laws and pertinent rules and regulations.

Article 24. Boards to issue rules and collect fees. The Boards shall issue appropriate rules and regulations to carry out
their functions. They shall have the power to impose and collect fees from employers concerned, which shall
be deposited to the respective accounts of said Boards and be used by them exclusively to promote their
objectives.
 Chapter 2

REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES

Article 25. Private sector participation in the recruitment and placement of workers. Pursuant to national development
objectives and in order to harness and maximize the use of private sector resources and initiative in the
development and implementation of a comprehensive employment program, the private employment sector
shall participate in the recruitment and placement of workers, locally and overseas, under such guidelines,
rules and regulations, as may be issued by the Secretary of Labor and Employment.

Article 26. Travel agencies prohibited to recruit. Travel agencies and sales agencies of airline companies are prohibited
from engaging in the business of recruitment and placement of workers for overseas employment whether for
profit or not.

Article 27. Citizenship requirement. Only Filipino citizens or corporations, partnerships or entities at least 75 percent of
the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be
permitted to participate in the recruitment and placement of workers, locally or overseas.

Article 28. Capitalization. All applicants for authority to hire or renewal of license to recruit are required to have such
substantial capitalization as determined by the Secretary of Labor and Employment.

Article 29. Non-transferability of license or authority. No license or authority shall be used directly or indirectly by any
person other than the one in whose favor it was issued at any place other than that stated in the license or
authority, nor may such license or authority be transferred, conveyed or assigned to any other person or entity.
Any transfer of business address, appointment or designation of any agent or representative including the
establishment of additional offices anywhere shall be subject to the prior approval of the Department of Labor
and Employment.

Article 30. Registration fees. The Secretary of Labor and Employment shall promulgate a schedule of fees for the
registration of all applicants for license or authority.

Article 31. Bonds. All applicants for license or authority shall post such cash and surety bonds as determined by the
Secretary of Labor and Employment to guarantee compliance with prescribed recruitment procedures, rules
and regulations, and terms and conditions of employment as appropriate.

Article 32. Fees to be paid by workers. Any person applying with a private fee charging employment agency for
employment assistance shall not be charged any fee until he has obtained employment through his efforts or
has actually commenced employment. Such fee must be always covered with approved receipt clearly
showing the amount paid. The Secretary of Labor and Employment shall promulgate a schedule of allowable
fees.

Article 33. Reports on employment status. Whenever the public interest so requires, the Secretary of Labor and
Employment may direct all persons or entities within the coverage of this Title to submit a report on the status
of employment, including job vacancies; details of job requisitions, separation from jobs, wages, other terms
and conditions, and other employment data.

Article 34. Prohibited practices. It shall be unlawful for any individual, entity, licensee or holder of authority:

(a) To charge or accept directly or indirectly any amount greater than that 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 or misrepresentation for
the purpose of securing a license or authority under this 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 person or entity not to employ any worker who has not applied
for employment through his agency;

(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the
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 representatives;

(h) To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange
earnings, separation 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 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 expiration
of the same without the approval of the Department of Labor and Employment.

(j) To become officer or member of the Board of any corporation engaged in travel agency or to be engaged
directly or 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 this Code and its implementing rules and regulations.

Article 35. Suspension and/or cancellation of license or authority. The Secretary of Labor and Employment shall have the
power to suspend or cancel any license or authority to recruit employees for overseas employment for violation
of rules and regulations issued by the Secretary of Labor and Employment, the Overseas Employment
Development Board, and the National Seamen Board, or for violations of the provisions of this and other
applicable laws, General Orders and Letters of Instructions.

Article 36. Regulatory power. The Secretary of Labor and Employment shall have the power to restrict and regulate the
recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized
to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions
of this Title.

Chapter 3

MISCELLANEOUS PROVISIONS

Article 37. Visitorial power. The Secretary of Labor and Employment or his duly authorized representatives may at any
time inspect the premises, books of accounts and records of any person or entity covered by this Title, require
it to submit reports regularly on prescribed forms, and act on violations of any provision of this Title.

Article 38. Illegal Recruitment.

(a) The following recruitment activities are deemed illegal and punishable as provided herein:

1. Those undertaken in any form or manner by non-licensees or non-holders of authority;

 2. Participation in the exaction of money, goods and/or services in consideration of employment in an
amount exceeding that authorized by law or appropriate regulations; and

3. Participation in the recruitment , placement or deployment of any worker under false pretense or false
documentation.

(b) Illegal recruitment shall be considered as a crime of economic sabotage and shall be penalized as such in
accordance with existing laws.

(c) The Secretary of Labor or his duly authorized representative shall have the power to recommend the arrest
and detention of any person engaged in illegal recruitment.

(d) The Department of Labor shall set up a secretariat on illegal recruitment to serve as the focal point for all
inter-agency efforts against illegal recruitment and related activities. The Secretariat shall initially be manned
and operated by such personnel and through such funding as are available in the Department of Labor.
Thereafter its appropriation shall be made part of the regular appropriation act.

Article 39. Penalties.

(a) Any license or holder of authority found violating or causing another to violate any provision of this Title
or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of
not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000 or
both such imprisonment and fine, at the discretion of the court;

(b) Any person who is neither a license nor a holder of authority under this Title found violating any provision
thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of
imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more
than P100,000 or both such imprisonment and fine, at the discretion of the court;

(c) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the
officer or officers of the corporation, partnership, association or entity responsible for violation; and if such
officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further
proceedings;

(d) In every case, conviction shall cause and carry the automatic revocation of the license or authority and all
the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and
surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the
case may be, both of which are authorized to use the same exclusively to promote their objectives.

Title II

EMPLOYMENT OF NON-RESIDENT ALIENS

Article 40. Employment permit for non-resident aliens. Any alien seeking admission to the Philippines for employment
purposes and any domestic or foreign employer who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the Department of Labor and Employment.

The employment permit may be issued to a non-resident alien or to the applicant employer after a
determination of the non-availability of a person in the Philippines who is competent, able and willing at the
time of application to perform the services for which the alien is desired.

For an enterprise registered in preferred areas of investment, said employment permit may be issued upon
recommendation of the government agency charged with the supervision of said registered enterprise.
Article 41. Prohibition and penal sanctions.

(a) After the issuance of employment permit, the alien shall not transfer to another job or change his employer
without prior approval of Secretary of Labor and Employment.

(b) Any non-resident alien who shall take up employment in violation of the provision of this Title and its
implementing rules and regulations shall be punished in accordance with the provisions of Articles 289 and
290 of the Labor Code.

In addition, the alien worker shall be subject to deportation after service of his sentence.

Article 42. Submission of list. Any employer employing non-resident foreign nationals on the effective date of this Code
shall submit a list of such nationals to the Secretary of Labor and Employment within 30 days after such date
indicating their names, citizenship, foreign and local addresses, nature of employment and status of stay in the
country. The Secretary of Labor and Employment shall then determine if they are entitled to an employment
permit.

Book 2

HUMAN RESOURCES DEVELOPMENT

Title I

NATIONAL MANPOWER DEVELOPMENT PROGRAM

Chapter 1

NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR

IMPLEMENTATION

Article 43. Statement of objective. It is the objective of this Title to develop human resources, establish training
institutions and formulate such plans and programs that will ensure efficient allocation, development and
utilization of the nation's manpower and thereby promote employment and accelerate economic and social
growth.

Article 44. Definitions.

(a) "Manpower" shall mean that portion of the nation's population which has actual or potential capability to
contribute directly to the production of goods and services.

(b) "Entrepreneurship" shall mean training for self-employment or assisting individual or small industries
within the purview of this Title.

Article 45. National Manpower and Youth Council Composition. To carry out the objectives of this Title, the National
Manpower and Youth Council, which is attached to the Department of Labor and Employment for policy and
program coordination and hereinafter referred to as the Council, shall be composed of the Secretary of Labor
and Employment as ex-officio chairman, the Secretary of Education, Culture and Sports as ex-officio vice-
chairman, and as ex-officio members: the Director-General of the National Economic and Development
Authority; the Secretary of Agriculture; the Secretary of Natural Resources; the Chairman of the Civil Service
Commission; the Secretary of Social Welfare; the Secretary of Local Government and Community
Development, the Chairman of the National Science Development Board; the Secretary of Trade and Industry
and the Director-General of the Council. The Director-General of the Council shall have no vote.
 In addition, the President shall appoint the following members from the private sector; two representatives of
national organizations of employers; two representatives of national workers organizations; and two from
national family and youth organizations, each for a term of three years.

Article 46. National Manpower Plan. The Council shall formulate a long-term national manpower plan for the optimum
allocation, development and utilization of manpower for employment, entrepreneurship and economic and
social growth. This manpower plan shall, after adoption by the Council, be updated annually and submitted to
the President for his approval. Thereafter, it shall be the controlling plan for the development of manpower
resources for the entire country in accordance with the national development plan. The Council shall call upon
any agency of government or the private sector to assist in this effort.

Article 47. National Manpower Skills Center. The Council shall establish a National Manpower Skills Center and regional
and local training centers for the purpose of promoting the development of skills. The centers shall be
administered and operated under such rules and regulations as may be established by the Council.

Article 48. Establishment and formulation of skills standards. There shall be national skills standards for industry trades to
be established by the Council in consultation with employers and workers organizations and appropriate
government authorities. The Council shall thereafter administer the national skills standards.

Article 49. Administration of training programs. The Council shall provide through the Secretariat instructor training,
entrepreneurship development, training in vocations, trades and other fields of employment, and assist any
employer or organization in training schemes designed to attain its objectives under rules and regulations
which the Council shall establish for this purpose.

The Council shall exercise, through the Secretariat, authority and jurisdiction over, and administer, on-going
technical assistance programs and/or grants-in-aid for manpower youth development including those which
may be entered into between the Government of the Philippines and international and foreign organizations
and nations, as well as persons and organizations in the Philippines.

In order to integrate the national manpower development effort, all manpower training schemes as provided for
in this Code shall be coordinated with the Council particularly those having to do with the setting of skills
standards. For this purpose, existing manpower training programs in government and in the private sector shall
be reported to the Council which may regulate such programs to make them conform with national
development programs.

This Article shall not include apprentices, learners and handicapped workers as governed by appropriate
provisions of this Code.

Article 50. Industry boards. The Council shall establish industry boards to assist in the establishment of manpower
development schemes, trades and skills standards and such other functions as will provide direct participation
of employers and workers in the fulfillment of the Council's objectives, in accordance with guidelines to be
established by the Council and in consultation with the National Economic and Development Authority.

The maintenance and operations of the Industry Boards shall be financed through a funding scheme under
such rates or fees and manners of collection and disbursements as may be determined by the Council.

Article 51. Employment service training functions. The Council shall utilize the employment service of the Department of
Labor and Employment for the placement of its graduates. The Bureau of Employment Services shall render
assistance to the Council in the measurement of unemployment and under-employment, conduct of local
manpower resource surveys and occupational studies including an inventory of the labor force, establishment
and maintenance without charge of a national register of technicians who have successfully completed a
training program under this Act and skilled manpower including its periodic publication, and maintenance of
an adequate and up-to-date system of employment information.
Article 52. Incentive scheme. An additional deduction from taxable income of one-half of the value of labor training
expenses incurred for development programs shall be granted to the person or enterprise concerned provided
that such development programs, other than apprenticeship, are approved by the Council and the deduction
does not exceed ten percent of direct labor wage.

There shall be a review of the said scheme two years after its implementation.

Article 53. Council Secretariat. The Council shall have a Secretariat headed by a Director-General who shall be assisted
by a Deputy Director-General, both of whom shall be career administrators appointed by the President of the
Philippines on recommendation of the Secretary of Labor and Employment. The Secretariat shall be under the
administrative supervision of the Secretary of Labor and Employment and shall have an Office of Manpower
Planning and Development, an Office of Vocational Preparation, a National Manpower Skills Center, regional
manpower development offices and such other offices as may be necessary.

The Director-General shall have the rank and emoluments of an undersecretary and shall serve for a term of
ten years. The Executive-Directors of the Office of Manpower Planning and Development, the Office of
Vocational Preparation and the National Manpower Skills Center shall have the rank and emoluments of a
bureau director and shall be subject to Civil Service Law, rules and regulations. The Director-General, Deputy
Director-General and Executive Directors shall be natural-born citizens, between thirty and fifty years of age
at the time of appointment, with a master's degree, or its equivalent, and experience in national planning and
development of human resources. The Executive Director of the National Manpower Skills Center shall, in
addition to the foregoing qualifications, have undergone training in center management. Executive Directors
shall be appointed by the President on the recommendations of the Secretary of Labor and Employment.

The Director-General shall appoint such personnel necessary to carry out the objectives, policies and
functions of the Council subject to Civil Service rules. The regular professional and technical personnel shall
be exempt from WAPCO rules and regulations.

The Secretariat shall have the following functions and responsibilities:

(a) To prepare and recommend the manpower plan for approval by the Council;

(b) To recommend allocation of resources for the implementation of the manpower plan as approved by
the Council;

(c) To carry out the manpower plan as the implementing arm of the Council;

(d) To effect the efficient performance of the functions of the Council and the achievement of the
objectives of this Title;

(e) To determine specific allocation of resources for projects to be undertaken pursuant to approved
manpower plans;

(f) To submit to the Council periodic reports on the progress and accomplishment of work programs;

(g) To prepare for approval by the Council an annual report to the President on plans, programs and
projects on manpower and out-of-school youth development;

(h) To enter into agreements to implement approved plans and programs and perform any and all such acts
as will fulfill the objectives of this Code as well as ensure the efficient performance of the functions of the
Council; and

(i) To perform such other functions as may be authorized by the Council.

Article 54. Regional manpower development offices. The Council shall create regional manpower development offices
which shall determine the manpower needs of the industry, agriculture and other sectors of the economy
within their respective jurisdictions; provide the Council's central planners with the data for updating the
national manpower plan; recommend programs for the regional level agencies engaged in manpower and
youth development within the policies formulated by the Council; administer and supervise Secretariat
training programs within the region and perform such other functions as may be authorized by the Council.

Article 55. Consultants and technical assistance, publication and research. In pursuing its objectives, the Council is
authorized to set aside a portion of its appropriation for the hiring of services of qualified consultants, and/or
private organizations for research work and publication. It shall avail itself of the services of other agencies of
the Government as may be required.

Article 56. Rules and regulations. The Council shall define its broad functions and issue appropriate rules and regulations
necessary to implement the provisions of this Code.

PRESIDENTIAL DECREE No. 491 June 25, 1974

CREATING A NATIONAL NUTRITION COUNCIL AND FOR OTHER

PURPOSES

Malnutrition is seriously affecting millions of our people; it retards mental and physical development of our
children, weakens their resistance to infections resulting in unnecessary loss of human lives through high infant and child
mortality rates. Studies indicate that infants and young children, pregnant women and nursing mothers are most
vulnerable to malnutrition. There is a multiplicity of government agencies engaged in various aspects of nutrition
activities;

There are various food programs in the country such as the Green Revolution, Masagana 99, Palayan ng Bayan,
Masaganang Maisan and others which are aimed at providing for food sufficiency;

There is a close interlinking relationship between food, education and nutrition.

Executive Order 285, series of 1971, vested in the National Food and Agriculture Council the responsibility to
coordinate all nutrition programs in the country. Coordination has proven to be of great value in integrating the food and
nutrition efforts of the various agencies.

One of the objectives of the New Society is to bring about social, economic, and political reforms to eventually
improve the quality of life of every Filipino.

Section 1. Title. This decree shall be known as the Nutrition Act of the Philippines.

Section 2. Declaration of Policy. The Government of the Philippines hereby declares that nutrition is now a priority of the
government to be implemented by all branches of the government in an integrated fashion.

Section 3. Philippine Food and Nutrition Program. An Integrated Four-Year Program involving the government and
private sector shall be drafted by the National Council is hereby created. The program shall be approved by the
President to be implemented by all concerned.

Section 4. Creation of a National Nutrition Council. There is hereby created an agency under the Office of the President,
the National Nutrition Council, hereinafter referred to as the council, to be composed of the following officials;

The Secretary, Department of Education and Culture

The Chairman-Coordinator, National Food and Agriculture Council

 The Secretary, Department of Health

The Chairman, National Science Development Board

The Secretary, Department of Social Welfare

The Secretary, Department of Local Government and Community Development

The Chairman of the Nutrition Foundation of the Philippines

President, Philippine Medical Association

One other representative of the private sector to be appointed by the President of the Philippines.

In the event that any cabinet member cannot attend Council meetings, he shall be represented by an
Undersecretary or Assistant Secretary.

Section 5. Functions and Powers. The Council shall have the following functions and powers:

(a) To formulate an integrated national program on nutrition.

(b) To supervise, coordinate and evaluate the implementation of the integrated Philippine Food and Nutrition
Program to be implemented by all agencies and instrumentalities of both the government and the private sector
concerned with improving the nutrition of our people.

(c) To coordinate and integrate policies and programs of all agencies and instrumentalities of the government
charged with the prosecution of existing law, policies, rules and regulations concerning nutrition.

(d) To coordinate the release of public funds for nutrition purposes in accordance with the approved projects
and programs.

(e) To coordinate all requests for loans and grants by the government agencies involved in the nutrition
program.

(f) To call on any department, bureau, office, agency and other instrumentalities of the government for
assistance in the form of personnel, facilities and resources as the need arises.

Section 6. Officers of the Council. The Chairman-Coordinator of the National Food and Agriculture Council shall be the
Chairman of the Council. He shall maintain a close link of the nutrition program with the food programs of the
government. In his absence, the Secretary of Health shall be the Acting Chairman.

An Executive Director shall be appointed by the Council. He shall implement the policies, programs, projects
and decisions of the Council.

One or more Deputy Executive Directors may be appointed by the Council and shall assist the Executive
Director in the performance of his duties or take charge of special project assigned by the Executive Director.

A Management Committee shall be formed, the members of which shall be a representative appointed by each
of the members of the Council, which representatives should be the head of the nutrition unit or project of his
office. The Executive Director, or in his absence, a Deputy Executive Directors, shall be Chairman of the
Management Committee. This Committee shall perform such functions as may be assigned to it by this
Council.
 The Council shall hire such other personnel as may be necessary for the performance of its basic functions. All
positions, except the technical and professional staff and such other positions as the Council may declare to be
highly technical, policy determining, or primarily confidential, shall be subject to Civil Service rules and
regulations and the Wages and Position Classification Office:

Provided that, all personnel shall be entitled to the benefits and privileges normally accorded to government
employees, such as retirement, GSIS Insurance, leave and similar matters:

Provided further, that in the appointment and promotion or employees, merit and efficiency shall serve as
basis, and no political test or qualification shall be prescribed and considered for such appointments and
promotions.

Section 7. Nutrition Month. The month of July shall be designated as NUTRITION MONTH, for the purpose of creating
greater awareness among our people on the importance of nutrition. Activities thereto shall be approved and
coordinated by the Council. This Nutrition Month of July shall be in lieu of the previously declared Nutrition
Week in March.

Section 8. Donations. The Council shall be authorized to received donations, grants, or gifts in whatever form and from
whatever sources: Provided that, said grants, gifts or donations shall be terms of the grant or donations and in
such manner as a majority of the council may in its discretion determine.

Section 9. Appropriations. For the first fiscal year, 1974-1975, P3.4 million pesos shall be appropriated from NFAC funds
already stipulated for nutrition programs. Provided that, the sum of ten million pesos is hereby appropriated as
operating funds of the National Nutrition Council starting fiscal year 1975-1976. Provided further, that said
amount may be increased or deceased in the succeeding years by the Council in accordance with its financial
position. This appropriation shall be included in the Annual General Appropriation Act beginning in Fiscal Year
1975-1976.

Section 10. All laws, decrees, orders, rules and regulations inconsistent herewith are hereby repealed and/or modified
accordingly.

Section 11. This Decree shall take effect immediately.

PRESIDENTIAL DECREE No. 541 August 20, 1974

ALLOWING FORMER FILIPINO PROFESSIONALS TO PRACTICE THEIR

RESPECTIVE PROFESSIONS IN THE PHILIPPINES

A considerable number of Filipino professionals have, with the passage of time, gone to other countries to pursue
further studies and/or take up specialized studies in their chosen fields of endeavor while others emigrated to other lands
in search of better job opportunities. Since their departure from the Philippines some of these professionals have become
naturalized citizens of their host countries so that they are now barred from the practice of their profession in our country.
A considerable number of these erstwhile Filipino professionals are now desirous to come home under the Balikbayan
Program and, while here, would like to serve our people or share their advanced knowledge and expertise with their local
professional colleagues.

For the sake of faster national development our government is now trying to attract these erstwhile Filipino professionals
to return and reside permanently in the Philippines so that they can provide the talent and expertise urgently needed by the
homeland.

Section 1. The provisions of all existing laws, rules and regulations, decrees, orders, and instructions to the contrary
notwithstanding, professionals who were formerly citizens of the Philippines and who have previously passed
 licensure examinations in the Philippines for the practice of their profession, may, while in this country on a
visit, sojourn or permanent residence, practice their profession: Provided, That they are professional
practitioners of good standing prior to their departure from the Philippines and in their adopted country:
Provided further, That prior to the practice of their profession they shall have first registered with the
Professional license fee; and Provided finally, That they shall pay the corresponding income tax due on all
incomes realized by them in the practice of their respective professions in the Philippines.

Section 2. The Professional Regulations Commission shall promulgate the necessary rules and regulations to implement
and carry out the purposes of this Decree.

Section 3. This Decree shall take effect immediately.

PRESIDENTIAL DECREE No. 603

THE CHILD AND YOUTH WELFARE CODE

Title I

GENERAL PRINCIPLES

Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to
the utmost insofar as they do not conflict with the general welfare.

The molding of the character of the child starts at the home. Consequently, every member of the family should
strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly
influence the child's development.

Attachment to the home and strong family ties should be encouraged but not to the extent of making the home
isolated and exclusive and unconcerned with the interests of the community and the country.

The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and
support of the government.

Other institutions, like the school, the church, the guild, and the community in general, should assist the home
and the State in the endeavor to prepare the child for the responsibilities of adulthood.

Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare Code. It shall apply to
persons below twenty-one years of age except those emancipated in accordance with law. "Child" or "minor" or
"youth" as used in this Code, shall refer to such persons.

Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to
legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.

(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance, and has, therefore, the right to be born well.

(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security.

The dependent or abandoned child shall be provided with the nearest substitute for a home.
 (3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his special talents.

The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and
shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and
all the basic physical requirements of a healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and
the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to the development of his skills
for the improvement of his capacity for service to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as
well as social, for the wholesome use of his leisure hours.

(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions
or circumstances prejudicial to his physical, mental, emotional, social and moral development.

(9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and
attributes.

(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his fundamental needs for growth, development, and
improvement.

(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities both in their public and private lives.

(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance,
and universal brotherhood, and with the determination to contribute his share in the building of a better world.

Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social
status, political antecedents and other factors shall:

(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his
elders and mentors, and the biddings of a clean conscience;

(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep
the family harmonious and united;

(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited
to his abilities, in order that he may become an asset to himself and to society;
 (5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the
duly constituted authorities, the laws of our country, and the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it
is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the
nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.

Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.

Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be governed by the
pertinent provisions of the Revised Penal Code.

Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential and no
information relating thereto shall be issued except on the request of any of the following:

(1) The person himself, or any person authorized by him;

(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him
if he is a minor;

(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official
proceedings to determine the identity of the child's parents or other circumstances surrounding his birth; and

(4) In case of the person's death, the nearest of kin.

Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an
amount not exceeding five hundred pesos, or both, in the discretion of the court.

Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of the child,
his welfare shall be the paramount consideration.

Article 9. Levels of Growth. - The child shall be given adequate care, assistance and guidance through his various levels of
growth, from infancy to early and later childhood, to puberty and adolescence, and when necessary even after he
shall have attained age 21.

Article 10. Phases of Development. - The child shall enjoy special protection and shall be given opportunities and
facilities, by law and by other means, to ensure and enable his fullest development physically, mentally,
emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and
dignity appropriate to the corresponding developmental stage.

Article 11. Promotion of Health. - The promotion of the Child's health shall begin with adequate pre-natal and post-natal
care both for him and his mother. All appropriate measures shall be taken to insure his normal total development.

It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the
health of the child.

Article 12. Education. - The schools and other entities engaged in non-formal education shall assist the parents in
providing the best education for the child.
Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy social and emotional growth.
These shall be undertaken by the home in collaboration with the schools and other agencies engaged in the
promotion of child welfare.

Article 14. Morality. - High moral principles should be instilled in the child, particularly in the home, the school, and the
church to which he belongs.

Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to the precepts of his religion
should, as much as possible, be encouraged by the State.

Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked. He shall be brought up in an
atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his
responsibilities as a member of society.

Title II

CHILD AND YOUTH WELFARE AND THE HOME

Chapter I

PARENTERAL AUTHORITY

SECTION A. In General

Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental authority
and responsibility over their legitimate or adopted children. In case of disagreement, the father's decision shall
prevail unless there is a judicial order to the contrary.

In case of the absence or death of either parent, the present or surviving parent shall continue to exercise
parental authority over such children, unless in case of the surviving parent's remarriage, the court, for
justifiable reasons, appoints another person as guardian.

In case of separation of his parents, no child under five years of age shall be separated from his mother unless
the court finds compelling reasons to do so.

Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they shall not interfere in
the exercise of parental authority by the parents.

Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or sister who is at least
eighteen years of age, or the relative who has actual custody of the child, shall exercise parental authority in
case of absence or death of both parents, unless a guardian has been appointed in accordance with the
succeeding provision.

Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in Arts. 328 to 332 of the
Civil Code, appoint a guardian for the person and property of the child, on petition of any relative or friend of
the family or the Department of Social Welfare.

Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child shall be under the
parental authority of a suitable or accredited person or institution that is caring for him as provided for under
the four preceding articles, after the child has been declared abandoned by either the court or the Department
of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected child may be
transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or
individual in accordance with Articles 142 and 154 of this Code, or upon the request of the person or
institution exercising parental authority over him.

From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution
or individual shall be considered the guardian of the child for all intents and purposes.

Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study of every child who
is the subject of guardianship or custody proceedings and to submit its report and recommendations on the
matter to the court for its guidance.

Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall intervene on behalf of
the child if it finds, after its case study, that the petition for guardianship or custody should be denied.

Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the discretion of the
court, be closed to the public and the records thereof shall not be released without its approval.

Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not inconsistent with the
provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on Adoption,
are hereby expressly repealed and replaced by Section B of this Chapter.

SECTION B. Adoption

Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights may adopt: Provided, That he is
in a position to support and care for his legitimate, legitimated, acknowledged natural children, or natural
children by legal fiction, or other illegitimate children, in keeping with the means, both material and otherwise,
of the family. In all cases of adoption the adopter must be at least fifteen years older than the person to be
adopted.

Article 28. Who May Not Adopt.

The following persons may not adopt:

1. A married person without the written consent of the spouse;

2. The guardian with respect to the ward prior to final approval of his accounts;

3. Any person who has been convicted of a crime involving moral turpitude;

4. An alien who is disqualified to adopt according to the laws of his own country or one with whose
government the Republic of the Philippines has broken diplomatic relations.

Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such case, parental authority shall
be exercised as if the child were their own by nature.

Article 30. Who May Not Be Adopted

The following may not be adopted:

1. A married person, without the written consent of the spouse;

2. An alien with whose government the Republic of the Philippines has broken diplomatic relations;
 3. A person who has already been adopted unless the adoption has been previously revoked or rescinded in
accordance with this Chapter.

Article 31. Whose Consent is Necessary.

The written consent of the following to the adoption shall be necessary:

1. The person to be adopted, if fourteen years of age or over;

2. The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly
licensed child placement agency under whose care the child may be;

3. The natural children, fourteen years and above, of the adopting parents.

Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by the court to prevent the natural
parents from making hurried decisions caused by strain or anxiety to give up the child, and to ascertain, that
all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his own
home will be inimical to his welfare and interest.

Article 33. Case Study. - No petition for adoption shall be granted unless the Department of Social Welfare, or the Social
Work and Counselling Division, in case of Juvenile and Domestic Relations Courts, has made a case study of
the child to be adopted, his natural parents as well as the prospective adopting parents, and has submitted its
report and recommendations on the matter to the court hearing such petition. The Department of Social
Welfare shall intervene on behalf of the child if it finds, after such case study, that the petition should be
denied.

Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of Court in so far as they are not in
conflict with this Chapter.

Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until the adopting parents are
given by the court a supervised trial custody period of at least six months to assess their adjustment and
emotional readiness for the legal union. During the period of trial custody parental authority shall be vested in
the adopting parents.

The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if
it finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing said
period.

Article 36. Decree of Adoption. - If, after considering the report of the Department of Social Welfare or duly licensed
child placement agency and the evidence submitted before it, the court is satisfied that the petitioner is
qualified to maintain, care for, and educate the child, that the trial custody period has been completed, and
that the best interests of the child will be promoted by the adoption, a decree of adoption shall be entered,
which shall be effective as of the date the original petition was filed. The decree shall state the name by which
the child is thenceforth to be known.

Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register and shall be annotated on the
record of birth, and the same shall entitle the adopted person to the issuance of an amended certificate of birth.

Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption cases shall be confidential and
shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the
court, of the Department of Social Welfare, and of any other agency or institution participating in the adoption
proceedings, shall be kept strictly confidential.

Subject to the provisions of Article 7, in any case in which information from such records, books and papers
is needed, the person or agency requesting the release of the information may file a petition to the court which
 entered the decree of adoption for its release. If the court finds that the disclosure of the information is
necessary for purposes connected with or arising out of the adoption and will be for the best interests of the
child, the court may permit the necessary information to be released, restricting the purposes for which it may
be used.

Article 39. Effects of Adoption.

The adoption shall:

1. Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:
Provided, That an adopted child cannot acquire Philippine citizenship by virtue of such adoption;
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2. Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of
the surviving natural parent;

3. Entitle the adopted person to use the adopter's surname; and

4. Make the adopted person a legal heir of the adopter: Provided, That if the adopter is survived by
legitimate parents or ascendants and by an adopted person, the latter shall not have more successional
rights than an acknowledged natural child: Provided, further, That any property received gratuitously by
the adopted from the adopter shall revert to the adopter should the former predecease the latter without
legitimate issue unless the adopted has, during his lifetime, alienated such property: Provided, finally, That
in the last case, should the adopted leave no property other than that received from the adopter, and he is
survived by illegitimate issue or a spouse, such illegitimate issue collectively or the spouse shall receive
one-fourth of such property; if the adopted is survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the rest in any case reverting to the
adopter, observing in the case of the illegitimate issue the proportion provided for in Article 895 of the
Civil Code.

The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him,
except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the
line of succession, whether testate or interstate.

Article 40. Rescission by Adopted. - The adopted person or the Department of Social Welfare or any duly licensed child
placement agency if the adopted is still a minor or otherwise incapacitated, may ask for the rescission of the
adoption on the same grounds that cause the loss of parental authority under the Civil Code.

Article 41. Revocation by Adopter.

The adopter may petition the court for the revocation of the adoption in any of these cases:

1. If the adopted person has attempted against the life of the adopter and/or his spouse;

2. When the adopted minor has abandoned the home of the adopter for more than three years and efforts
have been exhausted to locate the minor within the stated period;

3. When by other acts the adopted person has definitely repudiated the adoption.

Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not reached the age of majority at the time
of the revocation or rescission referred to in the next preceding articles, the court in the same proceeding shall
determine whether he should be returned to the parental authority of his natural parents or remitted to the
Department of Social Welfare or any duly licensed child placement agency or whether a guardian over his
person and property should be appointed.
 Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by
the court, shall release him from all obligations to his adopting parents and shall extinguish all his rights
against them: Provided, That if the said adopted person is physically or mentally handicapped as to need a
guardian over his person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.

In all cases of revocation or rescission, the adopted shall lose the right to continue using the adopter's surname
and the court shall order the amendment of the records in the Civil Register in accordance with its decision.

Chapter 2

RIGHTS OF PARENTS

Article 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in relation to
all other persons or institutions dealing with the child's development, the primary right and obligation to
provide for their upbringing.

Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights mentioned in Articles 316 to 326 of
the Civil Code over the person and property of the child.

Article 45. Right to Discipline Child. - Parents have the right to discipline the child as may be necessary for the formation
of his good character, and may therefore require from him obedience to just and reasonable rules, suggestions
and admonitions.

Chapter 3

DUTIES OF PARENTS

Article 46. General Duties.

Parents shall have the following general duties toward their children:

1. To give him affection, companionship and understanding;

2. To extend to him the benefits of moral guidance, self-discipline and religious instruction; lawphi1.net

3. To supervise his activities, including his recreation; lawphi1.net

4. To inculcate in him the value of industry, thrift and self-reliance;

5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment
to his country;

6. To advise him properly on any matter affecting his development and well-being;

7. To always set a good example;

8. To provide him with adequate support, as defined in Article 290 of the Civil Code; and

9. To administer his property, if any, according to his best interests, subject to the provisions of Article 320
of the Civil Code.
Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in the discussion of family
affairs, especially in matters that particularly concern him. In cases involving his discipline, the child shall be
given a chance to present his side.

Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's confidence and to encourage him to
conduct with them on his activities and problems.

Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a child does not live with his
parents, the latter shall communicate with him regularly and visit him as often as possible. The parents shall
see to it that the child lives in a safe and wholesome place and under responsible adult care and supervision.

Article 50. Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes, if any, and to encourage
and develop them. If the child is especially gifted, his parents shall report this fact to the National Center for
Gifted Children or to other agencies concerned so that official assistance or recognition may be extended to
him.

Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents shall, whenever possible, provide
the child with good and wholesome reading material, taking into consideration his age and emotional
development. They shall guard against the introduction in the home of pornographic and other unwholesome
publications.

Article 52. Association with Other Children. - Parents shall encourage the child to associate with other children of his own
age with whom he can develop common interests of useful and salutary nature. It shall be their duty to know
the child's friends and their activities and to prevent him from falling into bad company. The child should not
be allowed to stay out late at night to the detriment of his health, studies or morals.

Article 53. Community Activities. - Parents shall give the child every opportunity to form or join social, cultural,
educational, recreational, civic or religious organizations or movements and other useful community activities.

Article 54. Social Gatherings. - When a party or gathering is held, the parents or a responsible person should be present to
supervise the same.

Article 55. Vices. - Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks,
narcotic drugs, smoking, gambling, and other vices or harmful practices.

Article 56. Choice of career. - The child shall have the right to choose his own career. Parents may advise him on this
matter but should not impose on him their own choice.

Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his
future spouse. Parents should not force or unduly influence him to marry a person he has not freely chosen.

Chapter 4

LIABILITIES OF PARENTS

Article 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their parental authority
in accordance with the Civil Code.

Article 59. Crimes.

Criminal liability shall attach to any parent who:

1. Conceals or abandons the child with intent to make such child lose his civil status.
 2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.

3. Sells or abandons the child to another person for valuable consideration.

4. Neglects the child by not giving him the education which the family's station in life and financial
conditions permit.

5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.

6. Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as
here used means absence without cause for more than twenty schooldays, not necessarily consecutive.

7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment
these exceed five schooldays.

8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and
other acts which are inimical to his interest and welfare.

9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other
excessive chastisement that embarrass or humiliate him.

10. Causes or encourages the child to lead an immoral or dissolute life.

11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.

12. Allows or requires the child to drive without a license or with a license which the parent knows to have
been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed
that he permitted or ordered the child to drive.

"Parents" as here used shall include the guardian and the head of the institution or foster home which has
custody of the child.

Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with imprisonment from two or six
months or a fine not exceeding five hundred pesos, or both, at the discretion of the Court, unless a higher
penalty is provided for in the Revised Penal Code or special laws, without prejudice to actions for the
involuntary commitment of the child under Title VIII of this Code.

CHAPTER V

ASSISTANCE TO PARENTS

Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been unreasonably neglectful in the
performance of his duties toward the child, he shall be admonished by the Department of Social Welfare or by
the local Council for the Protection of Children referred to in Article 87.

Whenever a child is found delinquent by any court, the father, mother or guardian may be judicially
admonished.

Article 62. Medical and Dental Services. - If the child has special health problems, his parents shall be entitled to such
assistance from the government as may be necessary for his care and treatment in addition to other benefits
provided for under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or material aid and social services
shall be given to any needy family, to help maintain the child or children in the home and prevent their
placement elsewhere.

The amount of such aid shall be determined by the Department of Social Welfare, taking into consideration,
among other things, the self-employment of any of the family members and shall be paid from any funds
available for the purpose.

Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The State shall give assistance to
widowed or abandoned parent or where either spouse is on prolonged absence due to illness, imprisonment,
etc. and who is unable to support his/her children. Financial and other essential social services shall be given
by the National Government or other duly licensed agencies with similar functions to help such parent acquire
the necessary knowledge or skill needed for the proper care and maintenance of the family.

Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the next two preceding articles
shall be (1) the age of the child or children (2) the financial condition of the family, (3) the degree of
deprivation of parental care and support, and (4) the inability to exercise parental authority.

Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother may, before and after the birth
of the child, seek the assistance and advice of the Department of Social Welfare or any duly licensed child
placement agency. The said agencies shall offer specialized professional services which include confidential
help and protection to such mother and her child, including placement of protection to such mother and child,
including placement of such mother's rights, if any, against the father of such child.

CHAPTER VI

FOSTER - CARE

Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the Department of Social Welfare or any
duly licensed child placement agency when and as the need therefore arises. They shall be run by married
couples, to be licensed only after thorough investigation of their character, background, motivation and
competence to act as foster parents.

Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred to institutional care. Unless
absolutely necessary, no child below nine years of age shall be placed in an institution. An older child may be
taken into an institution for child care if a thorough social case study indicates that he will derive more benefit
therefrom.

Article 69. Day-care service and other substitute parental arrangement. - Day-care and other substitute parental
arrangement shall be provided a child whose parents and relatives are not able to care for him during the day.
Such arrangements shall be the subject of accreditation and licensing by the Department of Social Welfare.

Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be given, as much as possible, the
affection and understanding that his own parents, if alive or present, would or should have extended to him.
Foster care shall take into consideration the temporary nature of the placement and shall not alienate the child
from his parents.

TITLE III.

CHILD AND YOUTH WELFARE AND EDUCATION

CHAPTER I
 ACCESS TO EDUCATIONAL OPPORTUNITIES

Article 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools. All parents
are required to enroll their children in schools to complete, at least, an elementary education.

Article 72. Assistance. - To implement effectively the compulsory education policy, all necessary assistance possible shall
be given to parents, specially indigent ones or those who need the services of children at home, to enable the
children to acquire at least an elementary education. Such assistance may be in the form of special school
programs which may not require continuous attendance in school, or aid in the form of necessary school
supplies, school lunch, or whatever constitutes a bar to a child's attendance in school or access to elementary
education.

Article 73. Nursery School. - To further help promote the welfare of children of working mothers and indigent parents,
and in keeping with the Constitutional provision on the maintenance of an adequate system of public
education, public nursery and kindergarten schools shall be maintained, whenever possible. The operation and
maintenance of such schools shall be the responsibility of local governments. Aid from local school board
funds, when available, may be provided.

Article 74. Special Classes. - Where needs warrant, there shall be at least special classes in every province, and, if
possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed, and
the specially gifted. The private sector shall be given all the necessary inducement and encouragement to
establish such classes or schools.

Article 75. School Plants and Facilities. - Local school officials and local government officials shall see to it that school
children and students are provided with adequate schoolrooms and facilities including playground, space, and
facilities for sports and physical development activities. Such officials should see to it that the school
environment is free from hazards to the health and safety of the students and that there are adequate safety
measures for any emergencies such as accessible exits, firefighting equipment, and the like. All children shall
have the free access to adequate dental and medical services.

CHAPTER II

THE HOME AND THE SCHOOL

Article 76. Role of the Home. - The home shall fully support the school in the implementation of the total school program
- curricular and co-curricular - toward the proper physical, social, intellectual and moral development of the
child.

Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall organize a parent-teacher
association for the purpose of providing a forum for the discussion of problems and their solutions, relating to
the total school program, and for insuring the full cooperation of parents in the efficient implementation of
such program. All parents who have children enrolled in a school are encouraged to be active members of its
PTA, and to comply with whatever obligations and responsibilities such membership entails.

Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school
officials in the enforcement of juvenile delinquency control measures, and in the implementation of programs
and activities to promote child welfare.

CHAPTER III

MISCELLANEOUS
Article 78. Contributions. - No school shall receive or collect from students, directly or indirectly, contributions of any
kind or form, or for any purpose except those expressly provided by law, and on occasions of national or local
disasters in which case the school any accept voluntary contribution or aid from students for distribution to
victims of such disasters or calamities.

TITLE IV.

CHILD AND YOUTH WELFARE AND THE CHURCH

Article 79. Rights of the Church. - The State shall respect the rights of the Church in matters affecting the religious and
moral upbringing of the child.

Article 80. Establishment of Schools. - All churches and religious orders, congregations or groups may, conformably to
law, establish schools for the purpose of educating children in accordance with the tenets of their religion.

Article 81. Religious Instruction. - The religious education of children in all public and private schools is a legitimate
concern of the Church to which the students belong. All churches may offer religious instruction in public and
private elementary and secondary schools, subject to the requirements of the Constitution and existing laws.

Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the government shall extend to all
churches, without discrimination or preference, every opportunity to exercise their influence and disseminate
their teachings.

Article 83. Parents. - Parents shall admonish their children to heed the teachings of their Church and to perform their
religious duties. Whenever possible, parents shall accompany their children to the regular devotion of their
Church and other religious ceremonies.

TITLE V.

CHILD AND YOUTH WELFARE AND THE COMMUNITY

CHAPTER I

DUTIES IN GENERAL OF THE STATE

Article 84. Community Defined. - As used in this Title, a community shall mean, the local government, together with the
society of individuals or institutions, both public and private, in which a child lives.

Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child to live in a society that
offers or guarantee him safety, health, good moral environment and facilities for his wholesome growth and
development, it shall be the duty of the community to:

1. Bring about a healthy environment necessary to the normal growth of children and the enhancement of
their physical, mental and spiritual well-being;

2. Help institutions of learning, whether public or private, achieve the fundamental objectives of education;
lawphi1.net

3. Organize or encourage movements and activities, for the furtherance of the interests of children and
youth;

4. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other
recreational facilities;
 5. Support parent education programs by encouraging its members to attend and actively participate
therein;

6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward
children;

7. Aid in carrying out special projects for the betterment of children in the remote areas or belonging to
cultural minorities or those who are out of school; and

8. Cooperate with private and public child welfare agencies in providing care, training and protection to
destitute, abandoned, neglected, abused, handicapped and disturbed children.

CHAPTER II

COMMUNITY BODIES DEALING WITH CHILD WELFARE

SECTION A. Barangay Councils

Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to enact ordinances and resolutions
not inconsistent with law or municipal ordinances, as may be necessary to provide for the proper development
and welfare of the children in the community, in consultation with representatives of national agencies
concerned with child and youth welfare.

Article 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a local
Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and
Youth in drawing and implementing plans for the promotion of child and youth welfare. Membership shall be
taken from responsible members of the community including a representative of the youth, as well as
representatives of government and private agencies concerned with the welfare of children and youth whose
area of assignment includes the particular barangay and shall be on a purely voluntary basis.

Said Council shall:

1. Foster the education of every child in the barangay;

2. Encourage the proper performance of the duties of parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-child relationship;

3. Protect and assist abandoned or maltreated children and dependents;

4. Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that
they can get expert advise;

5. Adopt measures for the health of children;

6. Promote the opening and maintenance of playgrounds and day-care centers and other services that are
necessary for child and youth welfare;

7. Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation;

8. Promote wholesome entertainment in the community, especially in movie houses; and

9. Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental
or private welfare agency.
 In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to
parents available literature and other information on child guidance. The Council shall assist parents, with
behavioral problems whenever necessary, in securing expert guidance counseling from the proper
governmental or private welfare agency.

Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide annual scholarship for indigent
children who, in judgment of the Council for the Protection of Children, deserve public assistance in the
development of their potentialities.

Article 89. Youth Associations in Barangays. - Barangay councils shall encourage membership in civil youth associations
and help these organizations attain their objectives.

Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for the payment of the cost of the
uniforms and equipment required by these organizations.

SECTION B. Civic Associations of Adults

Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer to any club, organization or
association of individuals twenty-one years of age or over, which is directly or indirectly involved in carrying
out child welfare programs and activities.

Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of adults holding benefits or
soliciting contributions pursuant to the provisions of the next preceding article, to render an accounting of the
proceeds thereof to the Department of Social Welfare or to the city or municipal treasurer, as the case may be.

Article 93. Functions. - Civic associations and youth associations shall make arrangements with the appropriate
governmental or civic organization for the instruction of youth in useful trades or crafts to enable them to earn
a living.

Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth associations shall
be conducted in a peaceful and lawful manner.

Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic associations and youth
associations to bring to the attention of the proper authorities the exhibition of indecent shows and the
publication, sale or circulation of pornographic materials.

The Board of Censors or the Radio Control Board may, upon representation of any civic association, prohibit
any movie, television or radio program offensive to the proprieties of language and behavior.

Commercial advertisements and trailers which are improper for children under eighteen years of age due to
their advocating or unduly suggesting violence, vices, crimes and immorality, shall not be shown in any
movie theater where the main feature is for general patronage nor shall they be used or shown during or
immediately before and after any television or radio program for children.

Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth association may complain to
the officials of any public or private child-caring agency about any act or omission therein prejudicial to the
wards of such agency.

If the complaint is not acted upon, it may be brought to the Council for the Protection of Children or the
Department of Social Welfare, which shall promptly investigate the matter and take such steps as may be
necessary.

Article 97. Studies and Researches. - The government shall make available such data and technical assistance as may be
needed by civic associations conducting studies and researches on matters relating to child welfare, including
the prevention of juvenile delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic associations or youth associations shall
receive the support and encouragement of the State.

SECTION C. Youth Associations

Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any club, organization or
association of individuals below twenty-one years of age which is directly or indirectly involved in carrying
out child or youth welfare programs and activities.

Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights and discharge the same
responsibilities as civic associations as may be permitted under existing laws.

Article 101. Student Organizations. - All student organization in public or private schools shall include in their objectives
the cultivation of harmonious relations among their members and with the various segments of the
community.

CHAPTER III

COLLABORATION BETWEEN THE HOME AND COMMUNITY

Article 102. Proper Atmosphere for Children. - The home shall aid the community in maintaining an atmosphere
conducive to the proper upbringing of children, particularly with respect to their preparation for adult life
and the conscientious discharge of their civic duties as a whole.

Article 103. Unwholesome Influence. - The home and the community shall cooperate with each other in counteracting and
eliminating such influences as may be exerted upon children by useless and harmful amusements and
activities, obscene exhibitions and programs, and establishments inimical to health and morals.

TITLE VI.

CHILD AND YOUTH WELFARE AND THE SAMAHAN

CHAPTER I

DUTIES IN GENERAL OF THE SAMAHAN

Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to the aggregate of persons
working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor
or management.

Article 105. Organization. - The barangay, municipal and city councils, whenever necessary, shall provide by ordinance
for the formation and organization of a samahan in their respective communities. Membership in the
samahan shall be on voluntary basis from among responsible persons from the various sectors of the
community mentioned in the preceding article.

Article 106. Duties of the Samahan.

The Samahan shall:

1. Prevent the employment of children in any kind of occupation or calling which is harmful to their
normal growth and development;

2. Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of
employment are in accordance not only with law but also with equity;
 3. Give adequate protection from all hazards to their safety, health, and morals, and secure to them their
basic right to an education; lawphi1.net

4. Help out-of-school youth to learn and earn at the same time by helping them look for opportunities to
engage in economic self-sufficient projects;

5. To coordinate with vocational and handicraft classes in all schools and agencies in the barangay,
municipality or city to arrange for possible marketing of the products or articles made by the students;
and

6. Provide work experience, training and employment in those areas where the restoration and
conservation of our natural resources is deemed necessary.

CHAPTER II

WORKING CHILDREN

Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years of age may be employed to
perform light work which is not harmful to their safety, health or normal development and which is not
prejudicial to their studies.

The provisions of the Labor Code relating to employable age and conditions of employment of children are
hereby adopted as part of this Code insofar as not inconsistent herewith.

Article 108. Duty of Employer to Submit Report. - The employer shall submit to the Department of Labor a report of all
children employed by him. A separate report shall be made of all such children who are found to be
handicapped after medical examination. The Secretary of Labor shall refer such handicapped children to the
proper government or private agencies for vocational guidance, physical and vocational rehabilitation, and
placement in employment.

Article 109. Register of Children.

Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:

1. A register of all children employed by him, indicating the dates of their birth;

2. A separate file for the written consent to their employment given by their parents or guardians;

3. A separate file for their educational and medical certificates; and

4. A separate file for special work permits issued by the Secretary of Labor in accordance with existing
laws.

Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen years of age, the head of the
family shall give him an opportunity to complete at least elementary education as required under Article 71.
The cost of such education shall be a part of the domestic's compensation unless there is a stipulation to the
contrary.

CHAPTER III
 LABOR – MANAGEMENT PROJECTS

Article 111. Right to Self-Organization. - Working children shall have the same freedoms as adults to join the collective
bargaining union of their own choosing in accordance with existing law.

Neither management nor any collective bargaining union shall threaten or coerce working children to join,
continue or withdraw as members of such union.

Article 112. Conditions of Employment. - There shall be close collaboration between labor and management in the
observance of the conditions of employment required by law for working children.

Article 113. Educational Assistance Programs. - The management may allow time off without loss or reduction of wages
for working children with special talents to enable them to pursue formal studies in technical schools on
scholarships financed by management or by the collective bargaining union or unions.

Article 114. Welfare Programs. - Labor and management shall, in cooperation with the Women and Minors Bureau of the
Department of Labor, undertake projects and in-service training programs for working children which shall
improve their conditions of employment, improve their capabilities and physical fitness, increase their
efficiency, secure opportunities for their promotion, prepare them for more responsible positions, and
provide for their social, educational and cultural advancement.

Article 115. Research Projects. - Labor and management shall cooperate with any government or private research project
on matters affecting the welfare of working children.

CHAPTER IV

COLLABORATION BETWEEN THE HOME AND THE SAMAHAN

Article 116. Collaboration Between the Home and the Samahan.

The home shall assist the Samahan in the promotion of the welfare of working children and for this purpose
shall:

1. Instill in the hearts and minds of working children the value of dignity of labor;

2. Stress the importance of the virtues of honesty; diligence and perseverance in the discharge of their
duties;

3. Counsel them on the provident use of the fruits of their labor for the enrichment of their lives and the
improvement of their economic security; and

4. Protect their general well-being against exploitation by management or unions as well as against
conditions of their work prejudicial to their health, education, or morals.

TITLE VII.

CHILD AND YOUTH WELFARE AND THE STATE

CHAPTER I

REGULATION OF CHILD AND YOUTH WELFARE SERVICES

Article 117. Classifications of Child and Youth Welfare Agencies. - Public and private child welfare agencies providing
encouragement, care, and protection to any category of children and youth whether mentally gifted,
 dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified and
defined as follows, shall be coordinated by the Department of Social Welfare:

1. A child-caring institution is one that provides twenty-four resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children, or youthful offenders.

2. An institution, whose primary purpose is education, is deemed to be a child-caring institution when

nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of
their parents or guardians for at least two months of summer vacation.

3. A detention home is a twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.

4. A shelter-care institution is one that provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of
neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order
holding them as material witnesses.

5. Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for
children who shall during this period be under observation and study for eventual placement by the
Department of Social Welfare. The number of children in a receiving home shall not at any time exceed
nine: Provided, That no more than two of them shall be under three years of age.

6. A nursery is a child-caring institution that provides care for six or more children below six years of age
for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and
educational services.

7. A maternity home is an institution or place of residence whose primary function is to give shelter and
care to pregnant women and their infants before, during and after delivery.

8. A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other
disturbed children.

9. A reception and study center is an institution that receives for study, diagnosis, and temporary
treatment, children who have behavioral problems for the purpose of determining the appropriate care for
them or recommending their permanent treatment or rehabilitation in other child welfare agencies.

10. A child-placing agency is an institution or person assuming the care, custody, protection and
maintenance of children for placement in any child-caring institution or home or under the care and
custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of
such child or children within the sixth degree of consanguinity or affinity are excluded from this
definition.

Article 118. License Required. - No private person, natural or juridical, shall establish, temporarily or permanently, any
child welfare agency without first securing a license from the Department of Social Welfare.

Such license shall not be transferable and shall be used only by the person or institution to which it was
issued at the place stated therein.

No license shall be granted unless the purpose of function of the agency is clearly defined and stated in
writing. Such definition shall include the geographical area to be served, the children to be accepted for care,
and the services to be provided.
 If the applicant is a juridical person, it must be registered in accordance with Philippine laws.

Article 119. Guiding Principles. - The protection and best interests of the child or children therein shall be the first and
basic consideration in the granting, suspension or revocation of the license mentioned in the preceding
article.

Article 120. Revocation or Suspension of License. - The Department of Social Welfare may, after notice and hearing ,
suspend or revoke the license of a child welfare agency on any of the following grounds:

1. That the agency is being used for immoral purposes;

2. That said agency is insolvent or is not in a financial position to support and maintain the children
therein or to perform the functions for which it was granted license;

3. That the children therein are being neglected or are undernourished;

4. That the place is so unsanitary so as to make it unfit for children;

5. That said agency is located in a place or community where children should not be, or is physically
dangerous to children or would unduly expose children to crime, vice, immorality, corruption or severe
cruelty; or

6. That said agency has by any act or omission shown its incompetence or unworthiness to continue
acting as a child welfare agency. During the period of suspension, the agency concerned shall not accept
or admit any additional children. In any case, the Department of Social Welfare shall make such order as
to the custody of the children under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any order of the Department of
Social Welfare to remove or remedy the conditions which have risen to the suspension. The aggrieved
agency may appeal the suspension and/or revocation in a proper court action. In such case, the court shall
within fifteen days from the filing of the Department of Social Welfare's answer, conduct a hearing and
decide the case, either by lifting the suspension, or continuing it for such period of time as it may order, or
by revoking the license of the agency where the Department of Social Welfare has proven the revocation
to be justified.

Article 121. Responsible Government Body. - The governing body of a child welfare agency or institution shall be
composed of civic leaders or persons of good standing in the community. The administrator must be a
competent person qualified by education or experience or both to serve as such.

Article 122. Child-Caring Institution Serving as Child-Placement Agency. - An association or corporation may be both a
child-caring institution and a child-placement agency and it may be licensed to carry out both types of
service.

When a license also serves as a child-placement agency, it shall maintain a staff equipped by training to
make thorough studies of every prospective family home. Staff arrangements must also be made for
continuing supervision of the children staying in family homes so long as the children remain in the legal
custody of the agency.

Article 123. Responsible Staff of Employees. - The licensee shall choose its employees who shall be persons of good
health and character, and whenever possible, the higher rank of employees shall in addition have training,
preferably in child psychology.

Article 124. Intake Study and Periodic Investigations. - The licensee shall undertake investigations to determine if the
acceptance or continued stay of a child in its institution is necessary. Each licensee shall make provisions for
continuing services, including social casework for every child under its care.
Article 125. Records. - The licensee shall keep confidential records of every child in its study. These records shall be
made available only to such persons as may be authorized by the Department of Social Welfare or by the
proper court.

Article 126. Home Atmosphere. - Child welfare agencies shall endeavor to provide the children with a pleasant
atmosphere that shall approximate as nearly as possible the conditions of an ideal home. Vocational
rehabilitation shall also be provided in accordance with existing law and the particular needs of the children.

Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to satisfy the child's total nutritional
requirements.

Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate clothing for every child under its
care.

Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building adequate both in ventilation and
sanitation, and with a safe, clean and spacious playground.

Regular inexpensive periodic outing shall be an important part of its activities in order to make the children
aware of their vital role in their community and country.

Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and nursing care for sick children
who may be confined due to illness.

Article 131. Religious Training. - The licensee shall provide opportunities for religious training to children under its
custody, taking into consideration the religious affiliation or express wishes of the child or his parents. For
such purpose, it shall have a defined policy regarding its religious activities for the information of those
wishing to place children in its care.

Article 132. Annual Report. - Every child welfare agency or institution shall submit to the Department of Social Welfare
an annual report setting forth a brief summary of its operations during the preceding year, including the
funds received during said period, the sources thereof, the purposes for which they were spent and the cash
position of the agency or institution as of the date of the report, number of children admitted, and such other
information as may be required by the Department of Social Welfare.

CHAPTER II

COLLABORATION BETWEEN THE HOME AND THE STATE

Article 133. Healthy Growth of Children. - Pursuant to its obligation to assist the parents in the proper upbringing of the
child, the State shall, whenever possible, in collaboration and cooperation with local government establish:

1. Puericulture and similar centers;

2. Juvenile courts;

3. Child welfare agencies;

4. Orphanages and other similar institutions; and

5. Children's recreation centers.

Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be established in every barangay to
perform, among other things, the following functions:
 1. Disseminate information concerning the health of children and expectant or nursing mothers;

2. Provide consultation service and treatment, whenever necessary, for the children and the expectant or
nursing mothers;

3. Provide guidance and special treatment to children with physical handicaps; and

4. Advise child welfare institutions on matters relating to nutrition and hygiene.

Article 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts shall, as far as practicable,
be established in every province or city to hear and decide cases involving juvenile and domestic problems.

Article 136. Regional Child Welfare Agencies. - The State shall, whenever practicable, establish regional child welfare
agencies, orphanages and other similar institutions to provide care for the children mentioned in Title VIII of
this Code.

Article 137. Children's Reading and Recreation Centers. - The State shall establish in every barangay reading centers and
recreation centers where children may meet and play together for their healthy growth and their social and
cultural development.

Article 138. Parent Education Program. - The Department of Social Welfare shall from time to time hold a Parent
Education Congress, which shall aim to enable parents to understand child growth and development, parent-
child relationship, family life, and family-community relationship, and to improve their ability to discharge
their duties.

Article 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew hours for children as
may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents
or guardians and the local authorities.

Any parent or guardian found grossly negligent in the performance of the duty imposed by this article shall
be admonished by the Department of Social Welfare or the Council for the Protection of Children.

Article 140. State Aid in Case of Public Calamity. - In case of earthquake, flood, storm, conflagration, epidemic, or other
calamity, the State shall give special assistance to children whenever necessary. The Department of Social
Welfare shall take immediate custody of dependent children and give temporary shelter to orphaned or
displaced children (who are separated from their parents or guardian).

TITLE VIII.

SPECIAL CATEGORIES OF CHILDREN

CHAPTER I

DEPENDENT, ABANDONED & NEGLECTED CHILDREN

Article 141. Definition of Terms. - As used in this Chapter:

1. A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for
support.

2. An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians
have deserted him for a period of at least six continuous months.
 3. A neglected child is one whose basic needs have been deliberately unattended or inadequately attended.
Neglect may occur in two ways:

(a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter.

(b) A child is unattended when left by himself without provisions for his needs and/or without proper
supervision.

(c) Emotional neglect exists: when children are maltreated, raped or seduced; when children are exploited,
overworked or made to work under conditions not conducive to good health; or are made to beg in the
streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and
other vices.

4. Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of Social
Welfare or any duly licensed child placement agency or individual.

Commitment may be done in the following manner:

(a) Involuntary commitment, in case of a dependent child, or through the termination of parental or
guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental responsibilities, and in the manner, form and procedure
hereinafter prescribed.

(b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner
and form hereinafter prescribed.

Article 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social Welfare Secretary or his
authorized representative or any duly licensed child placement agency having knowledge of a child who
appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of
said child to the care of any duly licensed child placement agency or individual.

The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First
Instance of the province or City Court in which the parents or guardian resides or the child is found.

Article 143. Contents of Petition: Verification. - The petition for commitment must state so far as known to the petitioner:

1. The facts showing that the child is dependent, abandoned, or neglected;

2. The names of the parent or parents, if known, and their residence. If the child has no parent or parents living,
then the name and residence of the guardian, if any; and

3. The name of the duly licensed child placement agency or individual to whose care the commitment of the child
is sought.

The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.

Article 144. Court to Set Time for Hearing: Summons. - When a petition or commitment is filed, the court shall fix a date
for the hearing thereof. If it appears from the petition that one or both parents of the child, or the guardian,
resides in province or city, the clerk of court shall immediately issue summons, together with a copy of the
petition, which shall be served on such parent or guardian not less than two days before the time fixed for the
hearing. Such summons shall require them to appear before the court on the date mentioned.

Article 145. When Summons Shall Not be Issued. - The summons provided for in the next preceding article shall not be
issued and the court shall thereupon proceed with the hearing of the case if it appears from the petition that
 both parents of the child are dead or that neither parent can be found in the province or city and that the child
has no guardian residing therein.

Article 146. Representation of Child. - If it appears that neither of the parents nor the guardian of the child can be found in
the province or city, it shall be the duty of the court to appoint some suitable person to represent him.

Article 147. Duty of Fiscal. - The provincial or city fiscal shall appear for the State, seeing to it that there has been due
notice to all parties concerned and that there is justification for the declaration of dependency, abandonment
or neglect.

The legal services section of the Department of Social Welfare, any recognized legal association, or any
appointed de officio counsel shall prepare the petition for the Secretary of the Department of Social Welfare,
his representative or the head of the duly licensed child placement agency, or the duly licensed individual
and represent him in court in all proceedings arising under the provisions of this Chapter.

Article 148. Hearing. - During the hearing of the petition, the child shall be brought before the court, which shall
investigate the facts and ascertain whether he is dependent, abandoned, or neglected, and, if so, the cause and
circumstances of such condition. In such hearing, the court shall not be bound by the technical rules of
evidence.

Failure to provide for the child's support for a period of six months shall be presumptive evidence of the
intent to abandon.

Article 149. Commitment of Child. - If, after the hearing, the child is found to be dependent, abandoned, or neglected, an
order shall be entered committing him to the care and custody of the Department of Social Welfare or any
duly licensed child placement agency or individual.

Article 150. When Child May Stay In His Own Home. - If in the court's opinion the cases of the abandonment or neglect of
any child may be remedied, it may permit the child to stay in his own home and under the care and control of
his own parents or guardian, subject to the supervision and direction of the Department of Social Welfare.

When it appears to the court that it is no longer for the best interests of such child to remain with his parents
or guardian, it may commit the child in accordance with the next preceding article.

Article 151. Termination of Rights of Parents. - When a child shall have been committed to the Department of Social
Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his
parents or guardian shall thereafter exercise no authority over him except upon such conditions as the court
may impose.

Article 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or any duly licensed child
placement agency or individual receiving a child pursuant to an order of the court shall be the legal guardian
and entitled to his legal custody and control, be responsible for his support as defined by law, and when
proper, shall have authority to give consent to his placement, guardianship and/or adoption.

Article 153. Change of Custody. - The Department of Social Welfare shall have the authority to change the custody of a
child committed to and duly licensed child placement agency or individual if it appears that such change is for
the best interests of the child. However, when conflicting interests arise among child placement agencies the
court shall order the change of commitment of the child.

Article 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department of Social Welfare or any duly licensed child
placement agency or individual subject to the provisions of the next succeeding articles.

Article 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the preceding article unless he is
surrendered in writing by his parents or guardian to the care and custody of the Department of Social Welfare
 or duly licensed child placement agency. In case of the death or legal incapacity of either parent or
abandonment of the child for a period of at least one year, the other parent alone shall have the authority to
make the commitment. The Department of Social Welfare, or any proper and duly licensed child placement
agency or individual shall have the authority to receive, train, educate, care for or arrange appropriate
placement of such child.

Article 156. Legal Custody. - When any child shall have been committed in accordance with the preceding article and
such child shall have been accepted by the Department of Social Welfare or any duly licensed child placement
agency or individual, the rights of his natural parents, guardian, or other custodian to exercise parental
authority over him shall cease.

Such agency or individual shall be entitled to the custody and control of such child during his minority, and
shall have authority to care for, educate, train and place him out temporarily or for custody and care in a duly
licensed child placement agency. Such agency or individual may intervene in adoption proceedings in such
manner as shall best inure to the child's welfare.

Article 157. Visitation or Inspection. - Any duly licensed child placement agency or individual receiving a judicial order
or by voluntary commitment by his parents or guardian shall be subject to visitation or inspection by a
representative of the court or of the Department of Social Welfare or both, as the case may be.

Article 158. Report of Person or Institution. - Any duly licensed child placement agency or individual receiving a child
for commitment may at any time be required by the Department of Social Welfare to submit a report, copy
furnished the court, containing all necessary information for determining whether the welfare of the child is
being served.

Article 159. Temporary Custody of Child. - Subject to regulation by the Department of Social Welfare and with the
permission of the court in case of judicial commitment, the competent authorities of any duly licensed child
placement agency or individual to which a child has been committed may place him in the care of any suitable
person, at the latter's request, for a period not exceeding one month at a time.

The temporary custody of the child shall be discontinued if it appears that he is not being given proper care, or
at his own request, or at the instance of the agency or person receiving him.

Article 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution to which he has been
judicially or voluntarily committed or the person under whose custody he has been placed in accordance with
the next preceding article, or for any person to induce him to leave such person or institution, except in case
of grave physical or moral danger, actual or imminent, to the child.

Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of
not more than two thousand pesos, or both such fine and imprisonment at the discretion of the court:
Provided, That if the violation is committed by a foreigner, he shall also be subject to deportation.

If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or mitigate
the offense as circumstances shall warrant.

Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of a child are dead or,
if living, have abandoned him, for no valid reason, for at least six months in a duly licensed child placement
agency or hospital, or left him with any other person for the same period without providing for his care and
support, such fact shall be reported immediately to the Department of Social Welfare. In case of a child left in
a hospital, immediate transfer of the child to the Department of Social Welfare or any duly licensed child
placement agency must be arranged. The Department of Social Welfare shall make provisions for the
adequate care and support of the child and shall take such action as it may deem proper for his best interests.

Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an application by any person
to adopt a dependent, abandoned or neglected child in the custody of any institution or individual mentioned
 in Article 156, it shall be the duty of the provincial or city fiscal, any recognized legal association, or any
appointed de officio counsel upon being informed of such fact, to represent the Department of Social Welfare
in the proceedings. The costs of such proceedings shall be de officio.

Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child committed to the
care of a person, agency or institution by judicial order may petition the proper court for the restoration of his
rights over the child: Provided, That the child in the meantime, has not been priorly given away in adoption
nor has left the country with the adopting parents or the guardian. The petition shall be verified and shall state
that the petitioner is now able to take proper care and custody of said child.

Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and cause
reasonable notice thereof to be sent to the petitioner and to the person, agency or institution to which the child
has been committed. At the trial, any person may be allowed, at the discretion of the court, to contest the right
to the relief demanded, and witnesses may be called and examined by the parties or by the court motu proprio.
If it is found that the cause for the commitment of the child no longer exists and that the petitioner is already
able to take proper care and custody of the child, the court, after taking into consideration the best interests
and the welfare of the child, shall render judgment restoring parental authority to the petitioner.

Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of Social Welfare the
parent or parents or guardian who voluntarily committed a child may recover legal custody and parental
authority over him from the agency, individual or institution to which such child was voluntarily committed
when it is shown to the satisfaction of the Department of Social Welfare that the parent, parents or guardian is
in a position to adequately provide for the needs of the child: Provided, That, the petition for restoration is
filed within six months after the surrender.

In all cases, the person, agency or institution having legal custody of the child shall be furnished with a copy
of the petition and shall be given the opportunity to be heard.

Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a person or child welfare
agency to whose custody a child has been committed by the court based on neglect of such child as defined in
Article 141(3). If the court, after notice and hearing, is satisfied that the allegations of the petition are true and
that it is for the best interest and welfare of the child the court shall issue an order taking him from the
custody of the person or agency, as the case may be, and committing him to the custody of another duly
licensed child placement agency or individual.

The license of the agency or individual found guilty of such neglect may be suspended or revoked, as the
court may deem proper, in the same proceeding.

Article 166. Report of Maltreated or Abused Child. - All hospitals, clinics and other institutions as well as private
physicians providing treatment shall, within forty-eight hours from knowledge of the case, report in writing to
the city or provincial fiscal or to the Local Council for the Protection of Children or to the nearest unit of the
Department of Social Welfare, any case of a maltreated or abused child, or exploitation of an employed child
contrary to the provisions of labor laws. It shall be the duty of the Council for the Protection of Children or
the unit of the Department of Social Welfare to whom such a report is made to forward the same to the
provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic, institution, or physician who fails to make such
report to a fine of not more than two thousand pesos.

In cases of sexual abuse, the records pertaining to the case shall be kept strictly confidential and no
information relating thereto shall be disclosed except in connection with any court or official proceeding
based on such report. Any person disclosing confidential information in violation of this provision shall be
punished by a fine of not less than one hundred pesos nor more than five thousand pesos, or by imprisonment
for not less than thirty days nor more than one year, or both such fine and imprisonment, at the discretion of
the court.
Article 167. Freedom from Liability of Reporting Person or Institution. - Persons, organizations, physicians, nurses,
hospitals, clinics and other entities which shall in good faith report cases of child abuse, neglect, maltreatment
or abandonment or exposure to moral danger be free from any civil or criminal liability arising therefrom.

CHAPTER II

MENTALLY RETARDED, PHYSICALLY HANDICAPPED, EMOTIONALLY DISTURBED AND

MENTALLY ILL CHILDREN

Article 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal;
(3) retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of
constitutional origin, through hereditary or disease, and (6) essentially incurable.

Article 169. Classification of Mental Retardation.

Mental Retardation is divided into four classifications:

1. Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least
capable group. This includes those with I.Q.s to 25.

2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one
who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the
average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living
to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective
instruction.

3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of
success or accomplishment that they will reach in life depends very much on the quality and type of
education they receive, as well as on the treatment at home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop occupational skills which may
result in partial or complete economic independence in adulthood.

4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about
75 to about 89. The members of this classification are only slightly retarded and they can usually get by in
regular classes if they receive some extra help, guidance and consideration. They have to spend much more
time with their studies than do most children in order to pass. Those who cannot make it are usually
handicapped by one or more other conditions aside from that of intelligence.

Article 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-mute,
blind, or otherwise defective which restricts their means of action on communication with others.

Article 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in
general due to emotional problems or complexes.

Article 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or hospitalization.

Article 173. Admission of Disabled Children. - The Department of Social Welfare, upon the application of the parents or
guardians and the recommendation of any reputable diagnostic center or clinic, shall refer and/or admit
disabled children to any public or private institution providing the proper care, training and rehabilitation.
 "Disabled children" as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.

Article 174. Training and Opportunities for Disabled Children. - Specialized educational services shall be expanded and
improved to provide appropriate opportunities for disabled children. Vocational rehabilitation and manpower
conservation agencies shall train disabled children for specialized types of jobs, services and business which
could be learned only by them and shall help provide opportunities for their future occupational placement:
That the agencies and organizations engaged in programs and services for the disabled need not be limited to
minors. Persons of legal age may be admitted whenever facilities are available for them.

Article 175. Planning of Programs and Services. - Selected pilot demonstration projects needed by the disabled children
shall be developed and shall be the basis for planning expanded programs and services throughout the nation.
There shall be established area centers designed to bring together an aggregate of services to serve all ages of
the disabled within a specified geographical area.

Article 176. Donations. - Donations to agencies and organizations engaged in programs and services for disabled children
shall be deductible in accordance with the provision of Presidential Decree No. 507.

Article 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically handicapped,
emotionally disturbed, or mentally ill, and needs institutional care but his parents or guardians are opposed
thereto, the Department of Social Welfare, or any duly licensed child placement agency or individual shall
have the authority to file a petition for commitment of the said child to any reputable institution providing
care, training and rehabilitation for disabled children.

The parents or guardian of the child may file a similar petition in case no immediate placement can be
arranged for the disabled child when the welfare and interest of the child is at stake.

Article 178. Venue. - The petition for commitment of a disabled child shall be filed with the Juvenile and Domestic
Relations Court, if any, or with the Court of First Instance of the province or City Court where the parent or
guardian resides or where the child is found.

Article 179. Contents of Petition. - The petition for commitment must state so far as known to the petitioner:

1. The facts showing that the child appears to be mentally retarded, physically handicapped, emotionally
disturbed or mentally ill and needs institutional care;

2. The Fact that the parents or guardians or any duly licensed disabled child placement agency, as the case
may be, has opposed the commitment of such child;

3. The name of the parents and their residence, if known or if the child has no parents or parent living, the
names and residence of the guardian, if any; and

4. The name of the institution where the child is to be committed.

The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner.

Article 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court, by an order reciting the
purpose of the petition, shall fix the date for the hearing thereof, and a copy of such order shall be served on
the child alleged to be mentally retarded, or physically handicapped, or emotionally disturbed, or mentally ill,
and on the person having charge of him or any of his relatives residing in the province or city as the judge
may deem proper. The court shall furthermore order the sheriff to produce, if possible, the alleged disabled
child on the date of the hearing.
Article 181. Hearing and Judgment. - Upon satisfactory proof that the institutional care of the child is for him or the
public welfare and that his parents, or guardian or relatives are unable for any reason to take proper care of
him, the Court shall order his commitment to the proper institution for disabled children.

Article 182. Disposition of Property or Money. - The Court, in its order of commitment, shall make proper provisions for
the custody of property or money belonging to the committed child.

Article 183. Findings and Other Data. - The Court shall furnish the institution to which the child has been committed with
a copy of its judgment, together with all the social and other data pertinent to the case.

Article 184. Expenses. - The expense of maintaining a disabled child in the institution to which he has been committed
shall be borne primarily by the parents or guardian and secondarily, by such disabled child, if he has property
of his own.

In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with
the next preceding paragraph, the same, or such part thereof as may remain unpaid, shall be borne by the
Department of Social Welfare.

Article 185. Children With Cerebral Palsy. - Children afflicted with cerebral palsy shall be committed to the institution
which under the circumstances of the particular child concerned is best equipped to treat and care for him.

Article 186. Discharge of Child Judicially Committed. - The Court shall order the discharge of any child judicially
committed to an institution for disabled children if it is certified by the Department of Social Welfare that:

1. He has been certified by the duly licensed disabled child placement agency to be no longer a hazard to
himself or to the community;

2. He has been sufficiently rehabilitated from his physical handicap or, if of work age, is already fit to
engage in a gainful occupation; or

3. He has been relieved of his emotional problems and complexes and is ready to assume normal social
relations.

Article 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an institution for disabled
children may be discharged by the Department of Social Welfare motu proprio or upon the request of his
parents or guardian on any of the grounds specified in the preceding article. In the latter case, the Department
of Social Welfare may refuse to discharge the child if, in its opinion, his release would be prejudicial to him
or to the community.

Article 188. Assistance of Fiscal. - The provincial or city fiscal shall represent the Department of Social Welfare or any
recognized legal association in all judicial matters arising under the provisions of this Chapter.

CHAPTER III

YOUTHFUL OFFENDERS

Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under twenty-one years of
age at the time of the commission of the offense.

A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall
be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of
the court and subject to its supervision. The same shall be done for a child over nine years and under fifteen
years of age at the time of the commission of the offense, unless he acted with discernment, in which case he
shall be proceeded against in accordance with Article 192.
 The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this
Chapter.

Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency concerned to take the
youthful offender, immediately after his apprehension, to the proper medical or health officer for a thorough
physical and mental examination. Whenever treatment for any physical or mental defect is indicated, steps
shall be immediately undertaken to provide the same.

The examination and treatment papers shall form part of the record of the case of the youthful offender.

Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical and mental
examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed
to the care of the Department of Social Welfare or the local rehabilitation center or a detention home in the
province or city which shall be responsible for his appearance in court whenever required: Provided, That in
the absence of any such center or agency within a reasonable distance from the venue of the trial, the
provincial, city and municipal jail shall provide quarters for youthful offenders separate from other detainees.
The court may, in its discretion, upon recommendation of the Department of Social Welfare or other agency
or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his parents
or other suitable person who shall be responsible for his appearance whenever required.

Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender has 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 minor to the custody or care of the Department of Social Welfare, or to any training institution
operated by the government, or duly licensed agencies or any other responsible person, until he shall have
reached twenty-one 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 or the agency or responsible individual
under whose care he has been committed.

The youthful offender shall be subject to visitation and supervision by a representative of the Department of
Social Welfare or any duly licensed agency or such other officer as the Court may designate subject to such
conditions as it may prescribe.

Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of the court in the
same manner as appeals in criminal cases.

Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of the youthful
offender whose sentence has been suspended shall be borne by his parents or those persons liable to support
him: Provided, That in case his parents or those persons liable to support him can not pay all or part of said
expenses, the municipality in which the offense was committed shall pay one-third of said expenses or part
thereof; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall
be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a
chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid
portion shall be withheld and applied to the settlement of said indebtedness.

All city and provincial governments must exert efforts for the immediate establishment of local detention
homes for youthful offenders.

Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly licensed agency
or individual under whose care the youthful offender has been committed shall submit to the court every four
months or oftener as may be required in special cases, a written report on the conduct of said youthful
offender as well as the intellectual, physical, moral, social and emotional progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender whose
sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the
community, even before reaching the age of majority, upon recommendation of the Department of Social
Welfare, it shall dismiss the case and order his final discharge.

Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found incorrigible or has
wilfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in
the training institution be inadvisable, he shall be returned to the committing court for the pronouncement of
judgment.

When the youthful offender has reached the age of twenty-one while in commitment, the court shall
determine whether to dismiss the case in accordance with the next preceding article or to pronounce the
judgment of conviction.

In any case covered by this article, the youthful offender shall be credited in the service of his sentence with
the full time spent in actual commitment and detention effected under the provisions of this Chapter.

Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to the provisions of
this Chapter shall not obliterate his civil liability for damages. Such release shall be without prejudice to the
right for a writ of execution for the recovery of civil damages.

Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said pronouncement the youthful offender is
still under twenty-one, he shall be committed to the proper penal institution to serve the remaining period of
his sentence: Provided, That penal institutions shall provide youthful offenders with separate quarters and, as
far as practicable, group them according to appropriate age levels or other criteria as will insure their speedy
rehabilitation: Provided, further, That the Bureau of Prisons shall maintain agricultural and forestry camps
where youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries.

Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or provincial fiscal or
before any municipal judge and the charges have been ordered dropped, all the records of the case shall be
destroyed immediately thereafter.

Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him
to an institution and subsequently releases him pursuant to this Chapter, all the records of his case shall be
destroyed immediately after such acquittal, dismissal or release, unless civil liability has also been imposed in
the criminal action, in which case such records shall be destroyed after satisfaction of such civil liability. The
youthful offender concerned shall not be held under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any purpose.

"Records" within the meaning of this article shall include those which may be in the files of the National
Bureau of Investigation and with any police department, or any other government agency which may have
been involved in the case.

Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful offender shall
devolve upon the offender's father and, in case of his death or incapacity, upon the mother, or in case of her
death or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a relative or family
friend of the youthful offender.

Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional rehabilitation centers for
youthful offenders. The local government and other non-governmental entities shall collaborate and
contribute their support for the establishment and maintenance of these facilities.
Article 203. Detention Homes. - The Department of Local Government and Community Development shall establish
detention homes in cities and provinces distinct and separate from jails pending the disposition of cases of juvenile
offenders.

Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children or
Wards.

A person whether the parent or guardian of the child or not, who knowingly or wilfully,

1. Aids, causes, abets or connives with the commission by a child of a delinquency, or

2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent,
shall be punished by a fine not exceeding five hundred pesos or to imprisonment for a period not
exceeding two years, or both such fine and imprisonment, at the discretion of the court.

TITLE IX.

COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH

CHAPTER I

CREATION AND COMPOSITION

Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare of Children is hereby
established under the Office of the President. The Council shall be composed of the Secretary of Social
Welfare as Chairman, and seven members, namely: The Secretary of Justice, the Secretary of Labor, the
Secretary of Education and Culture, the Secretary of Health, the Presiding Judge of the Juvenile and Domestic
Relations Court, City of Manila, and two representatives of voluntary welfare associations to be appointed by
the President of the Philippines, each of whom shall hold office for a term two years.

There shall be a permanent Secretariat for the Council headed by an Executive Director, to be appointed by
the Chairman and approved by a majority of the members of the Council.

For actual attendance at regular meetings, the Chairman and each member of the Council shall receive a per
diem of one hundred pesos for every meeting actually attended, but the total amount of per diem that the
Chairman and a member may receive in a month shall in no case exceed five hundred pesos.

Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of any funds in the National
Treasury not otherwise appropriated, for the operation and maintenance of the Council for the Welfare of
Children and Youth during the fiscal year. Thereafter, such sums as may be necessary for its operation and
maintenance shall be included in the General Appropriations Decree.

CHAPTER II

POWERS AND RESPONSIBILITIES

Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth shall have the following powers
and functions:

1. To coordinate the implementation and enforcement of all laws relative to the promotion of child and
youth welfare;
 2. To prepare, submit to the President and circulate copies of long-range programs and goals for the
physical, intellectual , emotional, moral, spiritual, and social development of children and youth, and to
submit to him an annual report of the progress thereof;

3. To formulate policies and devise, introduce, develop and evaluate programs and services for the general
welfare of children and youth;

4. To call upon and utilize any department, bureau, office, agency, or instrumentality, public, private or
voluntary, for such assistance as it may require in the performance of its functions;

5. Perform such other functions as provided by law.

Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following offices and agencies shall
coordinate with the Council for the Welfare of Children and Youth in the implementation of laws and
programs on child and youth welfare:

1. Department of Justice

2. Department of Social Welfare

3. Department of Education and Culture

4. Department of Labor

5. Department of Health

6. Department of Agriculture

7. Department of Local Government and Community Development;

8. Local Councils for the Protection of Children; and such other government and private agencies which
have programs on child and youth welfare.

Existing as well as proposed programs of the above-named agencies as well as other government and private
child and youth welfare agencies as may be hereafter created shall be implemented by such agencies:
Provided, That, with the exception of those proposed by the Local Councils for the Protection of Children, all
long-range child and youth welfare programs shall, before implementation, be indorsed by the agencies
concerned to their respective departments, which shall in turn indorse the same to the Council for the Welfare
on Children and Youth, for evaluation, cooperation and coordination.

CHAPTER III

IMPLEMENTATION OF CODE – RULE MAKING AUTHORITY

Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement and implementation of this Code
shall be the primary responsibility of the Council for the Welfare of Children. Said Council shall have
authority to promulgate the necessary rules and regulations for the purpose of carrying into effect the
provisions of this Code.

FINAL PROVISIONS

Article 210. General Penalty. - Violations of any provisions of this Code for which no penalty is specifically provided
shall be punished by imprisonment not exceeding one month or a fine not exceeding two hundred pesos, or
 both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the
Revised Penal Code or special laws.

Article 211. Repealing Clause. - All laws or parts of any laws inconsistent with the provisions of this Code are hereby
repealed or modified accordingly: Provided, That the provisions of the Dangerous Drugs Act of 1972 and amendments
thereto shall continue to be in force and shall not be deemed modified or repealed by any provision of this Code.

Article 212. Separability Clause. - If any provision of this Code is held invalid, the other provisions not affected thereby
shall continue in operation.

Article 213. Effectivity Clause. - This Code shall take effect six months after its approval.

PRESIDENTIAL DECREE No. 626

FURTHER AMENDING CERTAIN ARTICLES OF PRESIDENTIAL DECREE

NO. 442 ENTITLED

"LABOR CODE OF THE PHILIPPINES"

Presidential Decree No. 570-A amends certain provisions of Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines, and Presidential Decree No. 608 extends the effectivity of Title II of Book IV on
Employees' Compensation and State Insurance Fund and Title III of Book IV on Medicare of the same Code to January 1,
1975. Pending the effectivity of said Titles, the Social Security System, Government Service Insurance System, Philippine
Medical Care Commission, and the Department of Labor have utilized the transition period for intensive study and
consultations with labor organizations, employers' organizations, and civic, professional, and technical associations,
representing the various sectors of the economy;

As a result of such discussions and consultations, it has found necessary to make adjustments in the text of the Labor
Code to initiate, rationalize and coordinate the grant of benefits with the broad objectives of the Code consistent with the
overriding priority of development;

Section 1. Title II of Book IV on Employees' Compensation and State Insurance Fund of the Labor Code of the
Philippines is hereby amended to read as follows:

TITLE II

EMPLOYEES COMPENSATION AND STATE INSURANCE FUND

CHAPTER I

POLICY AND DEFINITIONS

Article 164. Policy. — The State shall promote and develop a tax-exempt employees' compensation program whereby
employees and their dependents, in the event of work-connected disability or death, may promptly secure
adequate income benefit, and medical or related benefits.

Article 165. Definition of Terms. — As used in this Title, unless the context indicates otherwise:

(a) "Code" means the Labor Code of the Philippines instituted under Presidential Decree numbered four
hundred forty-two, as amended.
(b) "Commission" means the Employees' Compensation Commission created under this Title.

(c) "SSS" means the Social Security System created under Republic Act numbered eleven hundred sixty-
one, as amended.

(d) "GSIS" means the Government Service Insurance System created under Commonwealth Act numbered
one hundred eighty-six, as amended.

(e) "System" means the SSS or GSIS, as the case may be.

(f) "Employer" means any person, natural or juridical, employing the services of the employee.

(g) "Employee" means any person compulsorily covered by the GSIS under Commonwealth Act
Numbered one hundred eighty-six, as amended, including members of the Armed Forces of the
Philippines, and any person employed as casual, emergency, temporary, substitute or contractual; or any
person compulsorily covered by the SSS under Republic Act numbered eleven hundred sixty-one, as
amended.

(h) "Person" means any individual, partnership, firm, association, trust, corporation or legal representative
thereof.

(i) "Dependents" means the legitimate, legitimated or legally adopted child who is unmarried, not gainfully
employed, and not over eighteen years of age, or over eighteen but not over twenty-one years of age
provided that he is enrolled in school, or over twenty-one years of age provided that he is congenitally
incapacitated and incapable of self-support physically or mentally; the legitimate spouse living with the
employee; and the legitimate parents of said employee wholly dependent upon him for regular support.

(j) "Beneficiaries" means the dependent spouse until he remarries and dependent children who are the
primary beneficiaries. In their absence, the dependent parents subject to the restrictions imposed on
dependent children, the illegitimate children and legitimate descendants, who are the secondary
beneficiaries.

(k) "Injury" means any harmful change in the human organism sustained at work carried out during
working hours at the workplace or elsewhere while executing an order for the employer.

(l) "Sickness" means any illness definitely accepted as an occupational disease listed by the Commission,
or any illness caused by employment subject to proof by the employee that the risk of contracting the same
is increased by working conditions.

(m) "Death" means loss of life resulting from injury or sickness.

(n) "Disability" means loss or impairment of a physical or mental function resulting from injury or
sickness.

(o) "Compensation" means all payments made under this Title for income benefits, and medical or related
benefits.

(p) "Income benefit" means all payments made under this Title to the employee or his dependents.

(q) "Medical benefit" means all payments made under this Title to the providers of medical care,
rehabilitation services and hospital care.

(r) "Related benefit" means all payments made under this Title for appliances and supplies.

(s) "Appliances" means crutches, artificial aids and other similar devices.
 (t) "Supplies" means medicine and other medical, dental or surgical items.

(u) "Hospital" means any medical facility, government or private, authorized by law, an active member of
good standing of the Philippine Hospital Association and accredited by the Commission.

(v) "Physician" means any doctor of medicine duly licensed to practice in the Philippines, an active
member of good standing of the Philippine Medical Association and accredited by the Commission.

(w) "Wages" or "salary" means all actual remuneration for employment received during the month, except
that part in excess of one thousand pesos.

(x) "Monthly salary credit" means the wage or salary base for contributions as provided in Republic Act
numbered eleven hundred sixty-one, as amended, or the wages or salary.

(y) "Average monthly salary credit" means the result obtained by dividing the sum of the monthly salary
credits in the sixty-month period ending on the last day of the second quarter preceding the quarter of
death or permanent disability by sixty, except where the month of death or permanent disability falls
within eighteen calendar months from the month of coverage, in which case, the average month salary
credit is the result obtained by dividing the sum of all monthly salary credits by the number of calendar
months of coverage.

(z) "Average daily salary credit" means the result obtained by dividing the sum of the six highest monthly
salary credits in the twelve-month period ending on the last day of the second quarter preceding the quarter
of sickness or injury by one hundred eighty, except where the month of injury falls within twelve calendar
months from the first month of coverage in the System, in which case the average daily salary credit is the
result obtained by dividing the sum of all monthly salary credits by thirty times the number of calendar
months of coverage.

(aa) "Quarter" means a period of three consecutive months ending on the last day of March, June,
September and December.

CHAPTER II

COVERAGE AND LIABILITY

Article 166. Compulsory coverage. — Coverage in the State Insurance Fund shall be compulsory upon all employers and
their employees not over sixty years of age: Provided, That an employee who is over sixty years of age and
paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be
subject to compulsory coverage: Provided, further, That in case of an employee who is both covered by the
SSS and GSIS, only his employment under the GSIS shall be considered for purposes of his coverage.

Article 167. Foreign employment. — The Commission shall ensure adequate coverage of Filipino employees employed
abroad, subject to regulations as it may prescribe.

Article 168. Effective date of coverage. — Compulsory coverage of the employer during the effectivity of this Title shall
take effect on the first day of his operation, and that of the employee on the date of his employment.

Article 169. Registration. — Each employer and his employees shall register with the System in accordance with its
regulations.

Article 170. Limitation of liability. — The State Insurance Fund shall be liable for compensation to the employee or his
dependents, except when the disability or death was occasioned by the employee's intoxication, willful
intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title.
Article 171. Exclusiveness of liability. — Unless otherwise provided, the liability of the State Insurance Fund under this
Title shall be exclusive and in place of all other liabilities of the employer to the employee, his dependents or
anyone otherwise entitled to receive damages on behalf of the employee or his dependents. The payment of
compensation under this Title shall bar the recovery of benefits as provided for in Section 699 of the Revised
Administrative Code, Republic Act Numbered eleven hundred sixty-one, as amended, Commonwealth Act
numbered one hundred eighty-six, as amended, Republic Act numbered sixty-one hundred eleven, as
amended, Republic Act numbered six hundred ten, as amended, Republic Act numbered forty-eight hundred
sixty-four, as amended, and other laws whose benefits are administered by the System, during the period of
such payment for the same disability or death, and conversely.

Article 172. Liability of third parties.

(a) When the disability or death is caused by circumstances creating a legal liability against a third party, the
disabled employee or the dependents in case of his death shall have the option either to claim for benefit from
the System under this Title or to sue such third party for damages in accordance with law. In case benefit is
claimed and allowed under this Title, the System shall be subrogated to the rights of the disabled employee or
the dependents in case of his death in accordance with the general law.

(b) Where the System recovers from such third party damages in excess of those paid or allowed under this
Title, such excess shall be delivered to the disabled employee or other persons entitled thereto, after deducting
the cost of proceedings and expenses of the System. The Proof of payment of compensation under this Title
shall be admissible as evidence in any damage suit or action.

Article 173. Deprivation of benefits. — Except as otherwise provided under this Title, no contract, regulation or device
whatsoever shall operate to deprive the employee or his dependents of any part of the income benefits, and
medical or related services granted under this Title. Existing medical services being provided by the employer
shall be maintained and continued to be enjoyed by their employees.

CHAPTER III

ADMINISTRATION

Article 174. Employees Compensation Commission.

(a) To initiate, rationalize and coordinate the policies of the employees' compensation program, the
Employees' Compensation Commission is hereby created to be composed of four ex-officio members: The
Secretary of Labor as Chairman, the GSIS General Manager, the SSS Administrator, the Chairman of the
Philippine Medical Care Commission; and two appointive members, one of whom shall represent the
employees and the other, the employers, to be appointed by the President of the Philippines for a term of six
years. The appointive member shall have at least five years experience in workmen's compensation or social
security programs. All vacancies shall be filled for the unexpired term only.

(b) The Vice-Chairman of the Commission shall be alternated each year between the GSIS General Manager
and the SSS Administrator. The presence of four members shall constitute a quorum. Meetings shall be held
as often as necessary. Each member shall receive a per diem of one hundred pesos for every meeting actually
attended by him exclusive of actual, ordinary and necessary travel and representation expenses. In his
absence, any member may designate an official of the institution he serves on full time basis as his
representative to act on his behalf.

(c) The general conduct of the operations and management functions of the GSIS or SSS under this Title shall
be vested in its respective chief executive officer, who shall be immediately responsible for carrying out the
policies of the Commission.

Article 175. Powers and duties. — The Commission shall have the following powers and duties:
 (a) To assess and fix a rate of contribution from all employers.

(b) To determine the rate of contribution payable by an employer whose records show a high frequency of
work accidents or occupational diseases due to failure by the said employer to observe adequate safety
measures.

(c) To approve rules and regulations governing the processing of claims and the settlement of disputes arising
therefrom as prescribed by the System.

(d) To initiate policies and programs towards adequate occupational health and safety and accident prevention
in the working environment.

(e) To make the necessary actuarial studies and calculations concerning the grant of constant help and income
benefits for permanent disability or death, and the rationalization of the benefits for permanent disability and
death under this Title with benefits payable by the System for similar contingencies.

(f) To appoint the personnel of its staff, subject to civil service law and rules.

(g) To adopt annually a budget of expenditures of the Commission and its staff chargeable against the State
Insurance Fund.

(h) To have the power to administer oath and affirmation, and to issue subpoena and subpoena duces tecum in
connection with any question or issue arising from appealed cases under this Title.

(i) To sue and be sued in court.

(j) To perform such other acts as it may deem appropriate for the attainment of the purposes of the
Commission and proper enforcement of the provisions of this Title.

Article 176. Management of funds. — All revenues collected by the System under this Title shall be deposited, invested,
administered and disbursed in the same manner and under the same conditions, requirements and safeguards as provided
by Republic Act numbered eleven hundred and sixty-one, as amended, and Commonwealth Act numbered one hundred
eighty-six, as amended, with regards to such other funds as are thereunder being paid to or collected by the SSS and GSIS,
respectively: Provided, That the Commission, SSS and GSIS may disburse each year not more than twelve per cent of the
contributions and investment earnings collected for operational expenses, including occupational health and safety
programs, incidental to the carrying out of this Title.

Article 177. Investment of funds. — All revenues as are not needed to meet current operational expenses under this Title
shall be accumulated in a fund to be known as the State Insurance Fund, which shall be used exclusively for
the payment of the benefits under this Title, and no amount thereof shall be used for any other purpose. All
amounts accruing to the State Insurance Fund, which is hereby established in the SSS and GSIS, respectively,
shall be deposited with any authorized depository banks approved by the Commission, or invested with due
and prudent regard for the liquidity needs of the System.

Article 178. Settlement of claims. — The System shall have original and exclusive jurisdiction to settle any dispute arising
from this Title with respect to coverage, entitlement to benefits, collection and payment of contributions and
penalties thereon, or any other matter related thereto, subject to appeal to the Commission, which shall decide
appealed case within twenty working days from the submission of the evidence.

Article 179. Review. — Decisions, orders or resolutions by the Commission may be reviewed on certiorari by the Supreme
Court only on questions of law upon petition of an aggrieved party within ten days from notice thereof.

Article 180. Enforcement of decisions.

 (a) Any decision, order or resolution of the Commission shall become final and executory if no appeal is
taken therefrom within ten days from notice thereof. All awards granted by the Commission in cases appealed
from decisions of the System shall be effected within fifteen days from receipt of notice.

(b) In all other cases, decisions, orders and resolutions of the Commission which have become final and
executory shall be enforced and executed in the same manner as decisions of the Court of First Instance, and
the Commission shall have the power to issue to the city or provincial sheriff or to the sheriff whom it may
appoint such writs of execution as may be necessary for the enforcement of such decisions, orders or
resolutions, and any person who shall fail or refuse to comply therewith shall, upon application by the
Commission, be punished by the proper court for contempt.

CHAPTER IV

CONTRIBUTIONS

Article 181. Employer's contributions.

(a) Under such regulations as the System may prescribe, beginning as of the last day of the month when an
employee's compulsory coverage takes effect and every month thereafter during his employment, his
employer shall prepare to remit to the System a contribution equivalent to one per cent of his monthly salary
credit.

(b) The rate of contributions shall be reviewed periodically and, subject to the limitations herein provided,
may be revised as the experience in risk, cost of administration, and actual or anticipated as well as
unexpected losses, may require.

(c) Contributions under this Title shall be paid in their entirety by the employer and any contract or device for
the deduction of any portion thereof from the wages or salaries of the employees shall be null and void.

(d) When a covered employee dies, becomes disabled or is separated from employment, his employer's
obligation to pay the monthly contribution arising from that employment shall cease at the end of the month
of contingency and during such months that he is not receiving wages or salary.

Article 182. Government guarantee. — The Republic of the Philippines guarantees the benefits prescribed under this Title,
and accepts general responsibility for the solvency of the State Insurance Fund. In case of any deficiency, the
same shall be covered by supplemental appropriations from the national government.

CHAPTER V

MEDICAL BENEFITS

Article 183. Medical Services. — Immediately after an employee contracts sickness or sustains an injury, he shall be
provided by the System during the subsequent period of his disability with such medical services and appliances as the
nature of his sickness or injury and progress of his recovery may require, subject to the expense limitation prescribed by
the Commission.

Article 184. Liability. — The System shall have the authority to choose or order a change of physician, hospital or
rehabilitation facility for the employee, and shall not be liable for compensation for any aggravation of the
employee's injury or sickness resulting from unauthorized changes by the employee of medical services,
appliances, hospitals, rehabilitation facilities or physicians.

Article 185. Attending physician. — Any physician attending an injured or sick employee shall comply with all the
regulations of the System and submit reports in prescribed form at such time as may be required concerning
his condition or treatment. All medical information relevant to the particular injury or sickness shall on
 demand be made available to the employee or the System. No information developed in connection with
treatment or examination for which compensation is sought shall be considered as privileged communication.

Article 186. Refusal of examination or treatment. — If the employee unreasonably refuses to submit to medical
examination or treatment the System shall stop the payment of further compensation during such time as such
refusal continues. What constitutes an unreasonable refusal shall be determined by the System which may on
its own initiative determine the necessity character, and sufficiency of any medical services furnished or to be
furnished.

Article 187. Fees and other charges. — All fees and other charges for hospital services, medical care and appliances,
excluding professional fees, shall not be higher than those prevailing in wards of hospitals for similar services
to injured or sick persons in general, and shall be subject to the regulations of the Commission. Professional
fees shall only be appreciably higher than those prescribed under Republic Act numbered sixty-one hundred
eleven, as amended, otherwise known as the Philippines Medical Care Act of 1969.

Article 188. Rehabilitation services.

(a) The System shall, as soon as practicable, establish a continuing program of the rehabilitation of injured
and handicapped employees, who shall be entitled to rehabilitation services, which shall consist of medical,
surgical or hospital treatment, including appliances if he has been handicapped by the injury, to help him
become physically independent.

(b) As soon as practicable, the System shall established centers equipped and staffed to provide a balanced
program of remedial treatment, vocational assessment and preparation designed to meet the individual needs
of each handicapped employee to restore him to suitable employment, including assistance as may be within
its resources to help each rehabilitee to develop his mental, vocational or social potential.

CHAPTER VI

DISABILITY BENEFITS

Article 189. Temporary total disability.

(a) Under such regulations as the Commission may approve, any employee under this Title who sustains an
injury or contracts sickness resulting in temporary total disability shall for each day of injury or fraction
thereof, or for each day or fraction thereof after the third day of sickness, be paid by the System an income
benefit equivalent to ninety per cent of his average daily salary credit, subject to the following conditions: (1)
The daily income benefit shall not be less than two pesos and fifty centavos nor more than sixteen pesos nor
paid for a continuous period longer than one hundred twenty days, and (2) The System shall be notified of the
injury or sickness.

(b) The payment of such income benefit shall be in accordance with the regulations of the Commission:
Provided, That the employee shall not be entitled to avail himself of the income benefit under this Title and
his sick leave credits at the same time: Provided, further, That all sick leaves earned by him shall be preserved
to his credit if he has not been paid his salary during such leave of absence.

Article 190. Permanent Total disability.

(a) Under such regulations as the Commission may approve, any employee under this Title who contracts
sickness or sustains an injury resulting in permanent total disability shall for each month until his death but
not exceeding five years be paid by the system during such disability an income benefit to be computed as
follows:

Forty-five percent of the first three hundred pesos of average monthly salary credit or fraction thereof; plus
 Twenty-five per cent of the next three hundred pesos of average monthly salary credit or fraction thereof; plus

Nine per cent of each succeeding one hundred pesos of average monthly salary credit or fraction thereof; plus

One tenth of one per cent of the average monthly salary credit for each month of paid coverage in the System
in excess of one hundred twenty months of paid coverage as of the last day of the second quarter preceding
the quarter of disability: Provided, That the monthly income benefit shall not be less than forty-five pesos.

(b) The monthly income benefit shall be guaranteed for five years, but the total payments of which shall in no
case exceed twelve thousand pesos, and shall be suspended if the employee is gainfully employed or recovers
from his permanent total disability or fails to present himself for examination at least once a year upon notice
by the System.

(c) The following disabilities shall be deemed total and permanent:

(1) Temporary total disability lasting continuously for more than one hundred twenty days;

(2) Complete loss of sight of both eyes;

(3) Lost of two limbs at or above the ankle or wrist;

(4) Permanent complete paralysis of two limbs;

(5) Brain injury resulting in incurable imbecility or insanity; and

(6) Such cases as determined by the Medical Director of the System and approved by the Commission.

(d) The number of months of paid coverage shall be defined and approximated by a formula to be approved
by the Commission.

Article 191. Permanent partial disability.

(a) Under such regulations as the Commission may approve, any employee under this Title who contracts
sickness or sustains an injury resulting in permanent partial disability shall for each month not exceeding the
period designated herein be paid by the System during such disability an income benefit equivalent to the
income benefit for permanent total disability.

(b) The benefit shall be paid for not more than the period designated in the following schedule:
Complete and permanent loss of the use
No. of months
of:
One thumb 8
One index finger 6
One middle finger 5
One ring finger 4
One little finger 2
One big toe 5
Any toe 2
One hand 31
 One arm 40
One foot 25
One leg 37
One ear 8
Both ears 16
Hearing of one ear 8
Hearing of both ears 40
Sight of one eye 20

(c) A loss of a wrist shall be considered as a loss of the hand, and a loss of an elbow considered as a loss of
the arm. A loss of an ankle shall be considered as loss of the foot, and a loss of a knee considered as a loss of
the leg. A loss of more than one joint shall be considered as a loss of the whole finger or toe, and a loss of
only the first joint considered as a loss of one-half the whole finger or toe: Provided, That such loss shall be
either the functional loss of the use or physical loss of the member.

(d) In cases of permanent partial disability less than the total loss of the member specified in the preceding
paragraph, the same monthly income benefit shall be paid for a portion of the period established for the total
loss of the member in accordance with the proportion that the partial loss bears to the total loss. If the result is
a decimal fraction, the same shall be rounded off to the next higher integer.

(e) In cases of simultaneous loss of more than one member or a part thereof as specified in this Art., the same
monthly income benefit shall be paid for a period equivalent to the sum of the periods established for the loss
of the member or a part thereof. If the result is a decimal fraction, the same shall be rounded off to the next
higher integer.

CHAPTER VII

DEATH BENEFITS

Article 192. Death.

(a) Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries
upon the death of the covered employee under this Title a monthly income benefit equivalent to the monthly
income benefit for permanent total disability increased by ten per cent for each dependent child but not
exceeding five, beginning with the youngest and without substitution: Provided, That the portion equivalent to
the monthly income benefit for permanent total disability shall be guaranteed for five years; Provided, further,
That if he has no primary beneficiary the System shall pay to his beneficiaries or legal heirs a lump sum
benefit equivalent to the lesser of thirty times the monthly income benefit for permanent total disability and
six thousand pesos.

(b) Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries
upon the death of a covered employee who is under permanent total disability under this Title the balance of
his income benefit plus ten per cent of the monthly income benefit for each dependent child but not exceeding
five, beginning with the youngest and without substitution: Provided, That if he has no primary beneficiary
the System shall pay to his beneficiaries or legal heirs a lump sum benefit equivalent to the lesser of the
balance of his income benefit or thirty times his monthly income benefit and six thousand pesos.
 CHAPTER VIII

PROVISIONS COMMON TO INCOME BENEFITS

Article 193. Relationship and dependency. — All questions of relationship and dependency shall be determined as of the
time of death.

Article 194. Delinquent contributions.

(a) An employer who is delinquent in his contributions shall be liable to the System for the benefits which
may have been paid by the System to his employees or their dependents, and any benefit and expenses to
which such employer is liable shall constitute a lien on all his property, real or personal, which is hereby
declared to be preferred to any credit except taxes. The payment by the employer of the lump sum equivalent
of such liability shall absolve him from the payment of the delinquent contributions and penalty thereon with
respect to the employee concerned.

(b) Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice
the right of the employee or his dependents to the benefits under this Title. If the sickness, injury, disability or
death occurs before the System receives any report of the name of his employee, the employer shall be liable
to the System for the lump sum equivalent of the benefits to which such employee or his dependents may be
entitled.

Article 195. Second injuries. — If any employee under permanent partial disability suffers another injury which results in
a compensable disability greater than the previous injury, the State Insurance Fund shall be liable for the income benefit
of the new disability; Provided, That if the new disability is related to the previous disability, the System shall be liable
only for the difference in income benefits.

Article 196. Assignment of benefits. — No claim for compensation under this Title is transferrable, or liable to tax,
attachment, garnishment, levy or seizure by or under any legal process whatsoever, either before or after
receipt by the person or persons entitled thereto, except to pay any debt of the employee to the System.

Article 197. Earned benefits. — Income benefits shall, with respect to any period of disability, be payable in accordance
with this Title to an employee who is entitled to receive wages, salaries or allowance for holidays, vacation or
sick leaves, and any award or benefit under a collective bargaining or other agreement.

Article 198. Safety devices. — In case the employee's injury or death was due to the failure of the employer to comply
with any law, or to install and maintain safety devices, or take other precautions for the prevention of injury,
said employer shall pay to the State Insurance Fund a penalty of twenty-five percent of lump sum equivalent
of the income benefit payable by the System to the employee. All employers, especially those who should
have been paying a rate of contribution higher than that required of them under this Title, are enjoined to
undertake and strengthen measures for the occupational health and safety of their employees.

Article 199. Prescriptive period. — No claim for compensation shall be given due course unless notice thereof has been
given to the employer in accordance with the provisions herein, except when said notice is not required. The
right to compensation shall be barred unless said claim is filed with the System within one year from notice to
the employer.

Article 200. Erroneous payment.

(a) If the System in good faith pays income benefit to a dependent who is inferior in right to another
dependent or with whom another dependent is entitled to share, such payments shall discharge the System
from liability, unless and until such other dependent notifies the System of his claim prior to the payments.

(b) In case of doubt as to the respective rights of rival claimants, the System is hereby empowered to
determine as to whom payment should be made in accordance with such regulations as the Commission may
 approve. If the money is payable to a minor or incompetent, payment shall be made by the System to such
person or persons as it may consider to be best qualified to take care and dispose of the minor's or
incompetent's property for his benefit.

Article 201. Prohibition. — No agent, attorney or other person pursuing or in charge of the preparation or filing of any
claim for benefit under this Title shall demand or charge for his services a fee, and any stipulation to the
contrary shall be null and void. The retention or deduction of any amount from any benefit granted under this
Title for the payment of fees of such services is prohibited. Violation of any provision of this Article shall be
punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or imprisonment for
not less than six months nor more than one year, or both, at the discretion of the court.

Article 202. Exemption from levy, tax, etc. — All laws to the contrary notwithstanding, the State Insurance Fund and all its
assets shall be exempt from any tax, fee, charge, levy, or customs or import duty, and no law hereafter
enacted shall apply to the State Insurance Fund unless it is provided therein that the same is applicable by
expressly stating its name.

CHAPTER IX

RECORDS, REPORTS AND PENAL PROVISIONS

Article 203. Record of death or disability.

(a) All employers shall keep a logbook to record chronologically the sickness, injury or death of their
employees, setting forth therein his name, date and place of the contingency, nature of the contingency and
absences. Entries in the logbook shall be made within five days from notice or knowledge of the occurrence
of the contingency. Within five days after entry in the logbook, the employer shall report to the System only
those contingencies it deems to be work-connected.

(b) All entries in the employer's logbook shall be made by the employer or any of his authorized official after
verification of the contingencies or the employee's absences for a period of a day or more. Upon request by
the System, the employer shall furnish the necessary certificate regarding information about any contingency
appearing in the logbook, citing the entry number, page number and date. Such logbook shall be made
available for inspection to the duly authorized representative of the System.

(c) Should any employer fail to record in the logbook an actual sickness, injury or death of any of his
employees within the period prescribed herein, give false information or withhold material information
already in his possession, he shall be held liable for fifty per cent of the lump sum equivalent of the income
benefit to which the employee may be found to be entitled, the payment of which shall accrue to the State
Insurance Fund.

(d) In case of payment of benefits for a claim which is later determined to be fraudulent and the employer is
found to be a party to the fraud, such employer shall reimburse the System the full amount of the
compensation paid.

Article 204. Notice of sickness, injury or death. — Notice of sickness, injury or death shall be given to the employer by
the employee or by his dependents or anybody on his behalf within five days from the occurrence of the
contingency. No notice to the employer shall be required if the contingency is known to the employer or his
agents or representatives.

Article 205. Penal provisions.

(a) The penal provisions of Republic Act numbered eleven hundred sixty-one, as amended, and
Commonwealth Act numbered one hundred eighty-six, as amended, with regard to the funds as are thereunder
being paid to, collected or disbursed by the System, shall be applicable to the collection, administration and
disbursement of the funds under this Title. The penal provisions on coverage shall also be applicable.
 (b) Any person, who for the purpose of securing entitlement to any benefit or payment under this Title or the
issuance of any certificate or document for any purpose connected with this Title, whether for him or for some
other person, commits fraud, collusion, falsification, misrepresentation of facts or any other kind of anomaly
shall be punished with a fine of not less than five hundred pesos nor more than five thousand pesos and an
imprisonment for not less than six months nor more than one year, at the discretion of the court.

(c) If the act penalized by this Article is committed by any person who has been or is employed by the
Commission or System, or a recidivist, the imprisonment shall not be less than one year; if committed by a
lawyer, physician or other professional, he shall in addition to the penalty prescribed herein be disqualified
from the practice of his profession; and if committed by any official, employee or personnel of the
Commission, System or any government agency, he shall in addition to the penalty prescribed herein be
dismissed with prejudice to reemployment in the government service.

Article 206. Applicability. — This Title shall apply only to injury, sickness, disability or death occurring on or after
January 1, 1975.

Section 2. Title III of Book IV on Medicare of the same Code is hereby amended to read as follows:

Article 207. Medical Care. — The Philippine Medical Care Plan shall be implemented as provided under Republic Act
numbered sixty-one hundred eleven, as amended.

Section 3. Article 331 of Chapter II of Book VII on prescription of Offense and Claims of the same Code is hereby
amended to read as follows:

Article 331. Money Claims. — All money claims arising from employer-employee relations accruing during the effectivity
of this Code shall be filed within three (3) years from the time the cause of action accrued; otherwise they
shall be forever barred.

"All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate entities
established under this Code within one year from the date of such effectivity, and shall be processed or
determined in accordance with implementing rules and regulations of the Code; otherwise they shall be
forever barred.

"Workmen's compensation claims accruing prior to the effectivity of this Code and during the period from
November 1, 1974, up to December 31, 1974, shall be filed with the appropriate regional offices of the
Department of Labor not later than March 31, 1975; otherwise they shall be forever barred. These claims shall
be processed and adjudicated in accordance with the law and rules at the time their causes of action accrued."

Section 4. Article 336 of Chapter III of Book VII on Transitory and Final Provisions of the same Code is hereby amended
to read as follows:

Article 336. Bureau of Workmen's Compensation and Workmen's Compensation Commission. — The present Bureau of
Workmen's Compensation, Workmen's Compensation Commission, and Workmen's Compensation Units in
the Department of Labor shall continue to exist up to December 31, 1975. Thereafter, said offices shall be
considered abolished and all officials and personnel thereof shall be transferred to and mandatorily absorbed
by the Department of Labor, subject to Presidential Decree No. 6, Letters of Instructions No. 14 and 14-A and
the Civil Service law and rules.

"The salaries of the present officials and personnel of the Bureau of Workmen's Compensation, Workmen's
Compensation Commission, and Workmen's Compensation Units in the original offices of the Department of
Labor shall be paid from the appropriations under Presidential Decree No. 503 for the fiscal year ending June
30, 1975. Beginning July 1, 1975, their salaries shall be paid from general appropriations."

Section 5. Article 339 of Chapter III of Book VII on Transitory and Final Provisions of the same Code is hereby amended
to read as follows:
Article 339. Disposition of pending cases. — All cases pending before the Court of Industrial Relations and the National
Labor Relations Commission established under Presidential Decree No. 21 on the date of effectivity of this
Code shall be transferred to and processed by the corresponding labor relations division or the National Labor
Relations Commission created under this Code having cognizance of the same in accordance with the
procedure laid down herein and its implementing rules and regulations. Cases on labor relations on appeal
with the Secretary of Labor or the Office of the President of the Philippines as of the date of effectivity of this
Code shall remain under their respective jurisdiction and shall be decided in accordance with the law, rules
and regulations in force at the time of appeal.

"All workmen's compensation cases pending before the Workmen's Compensation Units in the regional
offices of the Department of Labor and those pending before the Workmen's Compensation Commission as of
March 31, 1975, shall be processed and adjudicated in accordance with the law, rules and procedure existing
prior to the effectivity of the Employees' Compensation and State Insurance Fund."

Section 6. The numbers of the Articles of the same Code shall be amended by renumbering them consecutively beginning
with Art. 1.

Section 7. This Decree shall take effect on January 1, 1975.

PRESIDENTIAL DECREE No. 651 January 31, 1975

REQUIRING THE REGISTRATION OF BIRTHS AND DEATHS IN THE

PHILIPPINES WHICH OCCURED FROM JANUARY 1, 1974 AND
THEREAFTER

Government surveys reveal that every year twenty five to forty per cent of all births and death occurring in the
Philippines are not registered in the office of the local civil registrar as required by Act 3753;

This big number of under-registration adversely affects the program of government in promoting the health and
social conditions of the people especially the youth because of difficulty in gathering complete vital statistics due to the
under-registration of births and deaths;

Section 1. Registration of births. All babies born in hospitals, maternity clinics, private homes, or elsewhere within the
period starting from January 1, 1974 up to the date when this decree becomes effective, irrespective of the
nationality, race, culture, religion or belief of their parents, whether the mother is a permanent resident or
transient in the Philippines, and whose births have not yet been registered must be reported for registration in
the office of the local civil registrar of the place of birth by the physician, nurse, midwife, hilot, or hospital or
clinic administrator who attended the birth or in default thereof, by either parent or a responsible member of
the family or a relative, or any person who has knowledge of the birth of the individual child.

Section 2. Period of registration of births. The registration of the birth of babies referred to in the preceding section must
be done within sixty (60) days from the date of effectivity of this decree without or fee or any kind. Babies
born after the effectivity of this decree must be registered in the office of the local civil registrar of the place
of birth within thirty (30) days after birth, by the attending physician, nurse, midwife, hilot or hospitals or
clinic administrator or, in default of the same, by either parent or a responsible member of the family or any
person who has knowledge of the birth.

The parents or the responsible member of the family and the attendant at birth or the hospital or clinic
administrator referred to above shall be jointly liable in case they fail to register the new born child. If there
was no attendant at birth, or if the child was not born in a hospital or maternity clinic, then the parents or the
responsible member of the family alone shall be primarily liable in case of failure to register the new born
child.
Section 3. Proof of birth registration a pre-requisite to school enrolment and allowance of tax exemption. Henceforth,
starting with the year 1975, the presentation of a birth certificate shall be a pre-requisite to enrolment in the
first grade in all public and private schools in the country and allowance of tax exemption for dependents
under the National Internal Revenue Code.

Section 4. Registration of deaths. All persons, irrespective of nationality, race, culture, religion and belief, whether a
permanent resident or a transient in the Philippines, who died in hospitals, clinic, private homes, or elsewhere,
within the period from January 1, 1974 to the date of effectivity of this decree, whose deaths have not yet been
registered, must be reported for registration through the local health officer to the local civil registrar of the
place of death, by the physician who attended the deceased or in default thereof, by the nearest responsible
relative or by any person who has knowledge of such death.

The report referred to above shall be accompanied by an affidavit describing the circumstances surrounding the
delayed registration.

Section 5. Period of reporting and registration of deaths. The registration of deaths referred to in the preceding section
must be done within sixty (60) days from the date of effectivity of this decree without fine or fee of any kind.
Deaths occurring after the effectivity of this decree must be reported by the nearest responsible relative or any
person who has knowledge of the death within 48 hours after death to the local health officer of the place of
death, who shall then issue the corresponding certificate of death and order its registration in the office of the
local civil registrar within thirty (30) days after death. In case the deceased was attended to by a physician, the
latter must issue the necessary certificate of death within 48 hours after death and submit the same to the local
health officer of the place of death, who shall order its registration in the office of the local civil registrar
within the said period of thirty (30) days after death.

Section 6. No registration fee. No fees of any kind shall be imposed for the registration of births or deaths within the
prescribed period. However, for the issuance of a certified copy of any birth or death document, or transcript of
the entries from the civil register, upon the request of the interested party, a certification fee shall be collected
in accordance with existing law.

Section 7. Assistance of barrio captain and barangay chairman. All barrio captains and barangay chairman shall have
responsibility for disseminating this decree among their constituents and for assisting in the registration of
births and deaths occurring within their respective jurisdictions to insure complete coverage of these events.

Section 8. Implementing official. The Civil Registrar General in hereby authorized to issue rules and regulations, orders or
circulars to implement this decree.

Section 9. Penalty. Any person required under this decree to report for registration any fact concerning the civil status of
persons and who fails to do so, or who deliberately makes false statements in the birth or death form and
presents the same for registration, or who violates any rule or regulation which may be issued pursuant to this
decree, and any local public health officer who fails to perform his duties as provided for in this decree, or
violates any rule or regulation which may be issued pursuant to this decree, shall upon conviction, be punished
by a fine of not less than P500.00 nor more than P1,000.00 or imprisonment of not less than three (3) months
nor more than six (6) months, or both, in the discretion of the court.

Section 10. Repealing Clause. Any provision of law, ordinance, rules and regulations inconsistent with the provisions of
this decree, are hereby repealed or modified accordingly.

Section 11. Effectivity. This decree shall take effect forty five (45) days after its approval.
PRESIDENTIAL DECREE No. 791 September 3, 1975

PROVIDING EXEMPTION FOR THE PAYMENT OF CUSTOMS AND

TARIFF DUTIES, SPECIAL IMPORT TAX AND COMPENSATING TAX
COVERING IMPORTATION OF SUGAR MILLS, MACHINERY, SPARE
PARTS AND EQUIPMENT FOR A LIMITED PERIOD

The sugar industry contributes a very sizeable amount in the foreign exchange earnings of the country during the
past years prompting the government to encourage more production of sugarcane and the establishment of new sugar mills
to further increase the production of sugar to supply the traditional as well as the new foreign markets;

The current cost of sugar mills, machinery and equipment has multiplied to about two and a half times of the cost
of sugar mills in the late 1960's and early 1970's due to worldwide inflation which correspondingly increased the financial
requirements of the sugar industry;

All the new sugar mills are being financed by government financial institutions and, therefore, in the event of
collapse of its operations by reason of official problems resulting from high cost of acquisition of the mill, the said
government financial institutions will ultimately suffer the loss;

There is a need to provide government assistance and incentive in the production and processing of sugar in view
of the present uncertain and fluid economic conditions confronting sugar industry which undoubtedly will affect adversely
the future foreign exchange earning of the country to the prejudice of the national economy;

Section 1. Any person, partnership, company or corporation who or which now engaged or shall engage in the business of
manufacturing, milling, processing or refining of sugar shall be exempted from the payment of special import tax,
compensating tax and customs and tariff duties in respect to the importation of plant machinery, spare parts and other
equipment effective upon approval of this Decree until June 30, 1980.

Section 2. The exemption granted under this Decree shall only cover the importation of plant machinery, spare parts and
other equipment directly and actually needed and will be used exclusively in the manufacture, milling,
processing or refining of sugar by the grantee of the exemption under this Decree and the shipping documents
covering the importation are in the name of the tax-exempt firms to whom the goods shall be delivered directly
by the customs authorities.

Section 3. Any grantee under this Decree who shall make use of the privilege hereunder for purposes other than those for
which such privilege were granted or who shall in any manner violate the provision of this Decree shall be
penalized with imprisonment of not less than five (5) years but not exceeding ten (10) years and a fine of not
less than P10,000.00 but not P200,000.00 and in addition, such violation shall ipso facto cause forfeiture of
exemption aside from the payment of all taxes and duties due in accordance with the existing laws.

Any person or any officer or employee of the Government who shall connive with the grantee of tax
exemption in the violation of the provisions of this Decree shall suffer the same penalties prescribed in the first
paragraph of this section. In case the grantee is a juridical person, the official or officials who consent to the
commission of the offense or tolerated the violation of the provisions of this Decree shall be the person or
persons liable.

Section 4. Any person, partnership, company or corporation who or which may qualify for similar exemption privilege
under existing law or other laws hereinafter decreed or enacted and is qualified under this Decree, may chose
which privilege the grantee desires to avail of, but in no case shall such grantee be entitled to both privileges
simultaneously.

Section 5. All acts, executive orders, administrative orders or commissions, rules and regulations or part thereof
inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly.
Section 6. This Decree shall take effect upon approval and shall continue to be effective until June 30, 1980.

PRESIDENTIAL DECREE No. 825 November 7, 1975

PROVIDING PENALTY FOR IMPROPER DISPOSAL OF GARBAGE AND

OTHER FORMS OF UNCLEANLINESS AND FOR OTHER PURPOSES

One of the principal aims of the New Society is to effect social, economic and political reform through discipline
and order. A healthy citizenry is a vital factor in bringing about these reforms; and to attain these objectives it becomes
the duty of every citizen and resident of the Philippines to keep his environment or surroundings clean and wholesome;

Section 1. Any provision of existing laws to the contrary notwithstanding, all citizens and residents of the Philippines; all
universities, colleges and schools and other similar institutions, private as well as public; all commercial and
industrial establishments such as hotels, restaurants, hospitals, cinema houses, public markets, department
stores, groceries and the like; all public conveyances; all residential houses; and all other establishments of any
kinds, shall undertake the cleaning of their own surroundings, their yards and gardens, as well as the canals,
roads or streets in their immediate premises.

All garbages, filth and other waste matters, shall be placed in the proper receptacles for the disposition thereof
by garbage collectors.

Section 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public places, such as roads,
canals esteros or parks, shall suffer an imprisonment of not less than 5 days nor more than one year or a fine of
not less than P100 nor more than P2,000.00 or both such fine and imprisonment at the discretion of the Court
or tribunal, without prejudice to the imposition of a higher penalty under any other law or decree.

If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed upon
the president, manager, director or persons responsible for its operation.

Section 3. Owners of idle lots in Greater Manila are required to keep their idle lots clean to prevent them from becoming
the breeding places of mosquitos, flies, mice, rats and other scavengers. In the event of their failure or inability
to comply with this obligation, the government shall undertake the cleaning of said lots at the expense of the
owners. The government may, through the Barangay Council, further utilize the land for its food production
program.

Section 4. The Secretary of Public Works, Transportation and Communications, with the assistance of health officials and
local governments concerned, shall supervise the implementation of this Decree.

Section 5. All provisions of laws, decrees, order or regulations inconsistent herewith are hereby amended or modified
accordingly.

Section 6. This Decree shall take effect immediately.

PRESIDENTIAL DECREE No. 856 December 23, 1975

CODE ON SANITATION
 The health of the people, being of paramount importance, all efforts of public services should be directed towards
the protection and promotion of health; and with the advance in the field of sanitation in recent years, there arises the need
for updating and codifying our scattered sanitary laws to ensure that they are in keeping with modern standards of
sanitation and provide a handy reference and guide for their enforcement;

CODE ON SANITATION OF THE PHILIPPINES

CHAPTER 1

GENERAL PROVISIONS

Section 1. Title The title of this Code is "Code on Sanitation of the Philippines".

Section 2. Definition of Terms Whenever any of the following words or terms is used herein or in any rule or regulation
issued under this Code, it shall have the meaning given it in this section, as follows:

(a) Code. Code on Sanitation of the Philippines.

(b) Department. The Department of Health.

(c) Secretary. The Secretary of Health.

(d) Regional Director an official who heads a Regional Health Office.

(e) Local Health Authority an official or employee responsible for the application of a prescribed health
measure in a local political subdivision.

(f) Health Officer Provincial, City or Municipal Health Officer.

(g) Engineer. A Sanitary Engineer.

(h) Section any section of this code unless the term refers to other statutes which are specifically mentioned.

Section 3. Functions of the Department of Health The Department shall have the following powers and functions:

(a) Undertake the promotion and preservation of the health of the people and raise the health standards of
individuals and communities throughout the Philippines;

(b) Extend maximum health services to the people in rural areas and provide medical care to those who cannot
afford it by reason of poverty;

(c) Develop, administer and coordinate various health activities and services which shall include public health,
preventive, curative and rehabilitative programs, medical care, health and medical education services;

(d) Upgrade the standards of medical practice, the quality of health services and programs to assure the people of
better health services;

(e) Assist local health agencies in developing public health programs including medical care, and promote
medical and public health research;

(f) Issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of
nursing, midwifery, and other para-medical course, puericulture centers, clinical laboratories and blood banks;

(g) Prescribe standard rates of fees for health, medical, laboratory, and other public health services; and
 (h) Performs such other functions as may be provided by law.

Section 4. Authority of the Secretary In addition to the powers and authority of the Secretary which are provided by law,
he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement
of the provisions of this Code.

Section 5. Authority of the Bureau of Directors The Bureau Directors shall be responsible for staff activities involving the
development of plans, programs, operating standards and management techniques in their respective field of
assignment.

Section 6. Authority of the Regional Directors The Regional Directors shall administer health functions in their regions,
implement policies, standards and programs involving health services; and enforce the provisions of this Code
and the rules and regulations promulgated by the Secretary under this Code.

Section 7. Authority of the Health Officers The health officers shall administer health functions in areas under their
jurisdiction and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary
under this Code.

Section 8. Miscellaneous Provisions

(a) International treaties, agreements and conventions The Republic of the Philippines recognizes international
treaties, agreements and conventions on public health. Their provisions may be considered parts of this Code
provided they do not contravene the Constitution, existing laws or any provision of this Code.

(b) Rights and proceedings Any proceeding which has commenced or any right which has accrued upon the
effectivity of this Code shall not be affected by any of its provisions. However, matters of procedure and rights
arising after the date of effectivity of this Code shall conform to the provisions hereof.

(c) Delegation of power and assignment of duty Whenever a power is granted or a duty is assigned to any public
health officer in this Code, the power may be exercised by a deputy or agent of the official pursuant to law, unless
it is expressly provided otherwise in this Code.

(d) Language required Any notice, report, statement or record required or authorized by this Code, shall be written
in English or Pilipino.

(e) Mailing of notices Unless otherwise expressly provided, any notice required to be sent to any person by any
provision of this Code, shall be sent through the postal service. The affidavit of the official or employee who
mailed the notice is prima facie evidence that the notice was sent as prescribed herein.

(f) Condemnation and seizure of property When any property is officially condemned or seized by government
authorities in the interest of public health, the owner thereof shall not be entitled to compensation.

(g) Command responsibility When a duty is expressly vested in a health officer as provided in this Code, it shall
be understood that it shall likewise be the concern of the superiors of the health office under the principle of
command responsibility.

CHAPTER II

WATER SUPPLY

Section 9. Prescribed Standards and procedures

Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation
of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to
 render it safe for drinking, and the disinfection of contaminated water sources together with their distribution
systems shall be in accordance with procedures prescribed by the Department.

Section 10. Jurisdiction of the Department

The approval of the Secretary or that of his duly authorized representative is required in the following cases:

(a) Sites of water sources before their construction;

(b) Delivery of water to consumers from new or recently repaired water systems;

(c) Operation of a water system after an order of closure was issued by the Department;

(d) Plans and specifications of water systems of subdivisions and projects prior to the construction of
housing units thereat; and

(e) Certification of potability of drinking water.

Section 11. Types of Water Examinations Required

The following examinations are required for drinking water:

(a) Initial examination The physical, chemical and bacteriological examinations of water from newly
constructed systems or sources are required before they are operated and opened for public use.
Examination of water for possible radio-active contamination should also be done initially.

(b) Periodic examination Water from existing sources is subject to bacteriological examination as often as
possible but the interval shall not be longer than six months, while general systematic chemical
examination shall be conducted every 12 months or oftener. Examination of water sources shall be
conducted yearly for possible radioactive contamination.

Section 12. Examining Laboratories and Submission of Water Samples

The examination of drinking water shall be performed only in private or government laboratories duly
accredited by the Department. It is the responsibility of operators of water systems to submit to accredited
laboratories water samples for examination in a manner and at such intervals prescribed by the Department.

Section 13. Other Protective Measures

To protect drinking water from contamination, the following measures shall be observed:

(a) Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking
water is prohibited.

(b) No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution.

(c) No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source
of drinking water unless the radioactive source is adequately and safely enclosed by proper shielding.

(d) No person charged with the management of a public water supply system shall permit any physical
connection between its distribution system and that of any other water supply, unless the latter is regularly
examined as to its quality by those incharge of the public supply to which the connection is made and
found to be safe and potable.
 (e) The installation of booster pump to boost water direct from the water distribution line of a water supply
system, where low-water pressure prevails is prohibited.

CHAPTER III

FOOD ESTABLISHMENT

Section 14. Sanitary Permit

(a) No person or entity shall operate a food establishment for public patronage without securing a permit from
the local health office. The term "food establishment" as used in this chapter means an establishment where
food or drinks are manufactured, processed, stored, sold or served.

(b) Every Sanitary Permit shall be posted in a conspicuous place of the establishment.

(c) Fees The fees payable on application for permits and upon the issuances, renewal and noting of such
certificates shall be in such amounts as the City of Municipal Authority may by resolution impose.

(d) Noting of Permit Within 14 days after any change in the ownership or occupancy of any establishment,
the new occupant shall apply to the City or Municipal Health Officer to have such change noted in the records
and on the permit certificate which he shall produce for the purpose and shall pay the corresponding fee in
respect of such noting.

(e) Record of Permit Certificates

1. Every City or Municipality shall keep a record of all establishments in respect of which permits have
been issued and of all permit certificates and renewals thereof.

(f) The record shall in every case show the following:

i. The name and address of the holder of the permit who in every case shall be the actual occupier of the
establishment;

ii. The location of the establishment;

iii. The purpose or purposes for which the permit has been issued;

iv. The date the first permit was issued and the dates of any renewal thereof;

v. Every change of occupation and management of the establishment since the first permit was issued;
and

vi. Conditions under which the permit was issued or any renewal thereof granted.

The record shall be available at all reasonable times for inspection by any officer of the Department of Health.

Section 15. Health Certificates

No person shall be employed in any food establishment without a Health Certificate issued by the local health
authority. This certificate shall be issued only after the required physical and medical examinations are
performed and immunizations are administered at prescribed intervals.

Section 16. Quality and Protection of Food All food must be obtained from sources approved by the local health authority.
In this regard, the following requirements are applicable:
 (a) Meats, meat products and fish shall be procured from sources under sanitary or veterinary supervision.

(b) All meat and fish shall be properly cooked before serving.

(c) No meat products, fish, vegetables and other food sources shall be procured from sources or areas
known to have been affected by radioactivity as for example, areas contaminated with a very large
amount of radioactive fallout.

(d) Milk and fluid milk products shall be obtained from sources approved by the local health authority.
Milk obtained from other sources must be sterilized, pasteurized or otherwise heated.

(e) Milk shall be stored in a refrigerator. Canned or package milk, other than dry milk powders, shall be
refrigerated after the container has been opened.

(f) All perishable and potentially hazardous foods shall be stored at 45_F (7_C) or below.

Cooked food intended to be served hot shall be kept at a temperature not lower than 140_F (60_C).

Raw fruits and vegetables shall be thoroughly washed before they are used.

Section 17. Structural Requirements Food establishments shall be constructed in accordance with the following
requirements:

1. No person shall use any room or place for or in connection with the preparation, storage, handling or sale of
any article of food

(a) Which is at anytime used or in direct communication with a sleeping apartment or toilet;

(b) In which any animal is kept; or

(c) Which is or has been used for any purpose which would be likely to contaminate the food or to affect
injuriously its wholesomeness or cleanliness; or

(d) Which is not used exclusively for the purpose; Provided, That in department stores or multi-purpose
business establishments, food may be manufactured, prepared, cooked, stored, or sold only in the area set
aside exclusively for said purpose and for which a sanitary permit has been issued.

2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and sale of food
unless it is constructed in accordance with the following requirements:

(a) FLOORS The Floors shall be

i. Constructed of concrete or other impervious and easily cleaned material that is resistant to wear
and corrosion and shall be adequately graded and drained; all angles between the floors and walls
shall be rounded off to a height of not less than 3 inches (7.62 cm.) from the floor; or

ii. Constructed of wood with dovetailed or tongue and grooved floor boards laid on a firm
foundation and tightly clamped together with all angles between the floor and walls rounded off
to a height of 3 inches (7.62 cm.); or

iii. Constructed in accordance with the requirements of sub-clause (i) and (ii) of this clause and
covered with linoleum, smooth surfaced rubber or similar material fixed to the floor with cement
or suitable adhesive: Provided, That with the approval in writing of the local authority, floors may
 be covered with carpets or other floor covering in those parts of the premises where such carpets
or coverings can be satisfactorily cleaned and maintained.

(b) WALLS

i. The internal surface of walls shall have a smooth, even, non-absorbent surface capable of being
readily cleaned without damage to the surface and constructed of dust-proof materials;

ii. The walls, where subject to wetting or splashing, shall be constructed of impervious, non-
absorbent materials to a height of not less than 79 inches (2 meters) from the floor;

iii. The internal walls shall be painted in light colors or treated with such other wall finish as the
health authority may prescribe.

(c) CEILINGS

i. All ceilings or, if no ceiling is provided, the entire under-surface of the roof shall be dust-proof
and washable.

ii. The ceiling or undersurface of the roof of rooms in which food is prepared or packed or in
which utensils or hands are washed shall be smooth, non-absorbent and light.

(d) LIGHTING

i. The general standards of illumination provided shall permit effective inspection and cleaning
and shall be of sufficient intensity appropriate to the purpose for which any room or place is used;

ii. In rooms where food is prepared or packed or in which utensils or hands are washed there shall
be a minimum illumination intensity of 20 foot-candles; in premises where food is consumed,
there shall be a minimum illumination intensity of 5 foot-candles. Intensities of illumination shall
be measured at a point 30 inches (76.20 cm.) above the floor;

iii. All lighting shall be reasonably free from glare and distributed so as to avoid shadows;

iv. At other areas or working surfaces, the illumination shall be of such intensity as may be
required by the health authority.

(e) VENTILATION

i. Ventilation shall be provided which shall be effective and suitable to maintain comfortable
condition;

ii. The ventilation shall be adequate to prevent the air from becoming excessively heated, prevent
condensation and the formation of excess moisture on walls, ceilings and for the removal of
objectionable odors, fumes and impurities;

iii. In the absence of effective natural ventilation, mechanical ventilation with airflow from a
clean area, and discharging in such a manner as not to create a nuisance, shall be provided;

iv. Canopies, air ducts, fans or other appliances shall be provided as required by the health
authority in particular circumstances;

v. Effective provision shall be made for securing and maintaining a reasonable temperature;
 (f) OVERCROWDING

There shall be sufficient floor space to enable every person working thereon to carry out his
duties efficiently and to permit easy access for cleaning. Working spaces, aisles or passageways
and areas to which customers have access shall be unobstructed and sufficient to permit
movement of employees and customers without contamination of food by clothing or personal
contact.

(g) CHANGEROOMS

1. There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing
and personal belongings of employees or persons engaged or employed in the premises. Such facilities shall
be so situated and arranged so that there is no contamination of food by contact with clothing, and where the
number of persons engaged or employed is four or more of either sex, there shall be provided separate
changing rooms for each sex.

(h) WASH-HAND BASINS

i. Wash-hand basins shall be installed in convenient places and as near as practicable to where the person for
whose use they are provided are working while handling food for sale or in such locations as may be
otherwise prescribed in any particular case.

ii. If required in writing by the local health authority an additional wash-hand basin shall be installed as near
as practicable to the toilet facilities: Provided, that the wash-hand basins specified in this Code need not be
installed in premises where only food in sealed containers is sold: and, Provided, further, that wash-hand
basins specified in this regulation shall be installed under specifications of the National Plumbing Code of the
Philippines.

(i) WASH-HAND BASIN MAINTENANCE

i. An adequate supply of soap, clean towels, roller towels presenting a clean surface to each user from a
continuous roller towel dispenser or other hand drying services approved by health authorities.

ii. The wash-hand basin and all hand washing facilities shall, at all times, be maintained in good repair and in
a clean condition.

iii. All wash-hand basins shall, at all times, while the premises are being used, be supplied with hot and cold
or tempered running water at a minimum temperature of 100_F (37.8_C).

Section 18. Use of Food-Service Spaces

(a) Food-service spaces shall not be used as living or sleeping quarters.

(b) Clothing or personal effects shall be kept in lockers or in designated places away from food service
spaces.

(c) No animal or live fowls shall be allowed in such spaces.

(d) Persons not directly connected with food preparation and serving shall not be allowed to stay in food-
serving spaces.

(e)Foods in storage or in preparation must not be handled by anyone other than the preparation and serving
staff.

Section 19. Food Handlers

 (a) No person shall be employed in any food establishment without a health certificate issued by the local
health authority.

(b) Food handlers shall at all times:

i. Wear clean working garments. The Cook shall wear prescribed caps and female employees caps or
hairnets.

ii. Observe good personal hygiene.

iii. Wash their hands thoroughly with soap and water and dry them with a clean or disposable towel or a
suitable hand-drying device immediately before working, or after visiting the toilet.

Section 20. Vermin Control

Vermin A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice,
and rats which are vectors of diseases.

(a) Spaces where food and drinks are stored, prepared and served shall be so constructed and maintained
as to exclude vermin.

(b) All opening which connects spaces to the outer air shall be effectively protected with screen of non-
corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.

(c) A vermin abatement program shall be maintained in the establishments by their owners, operators, or
administrators. If they fail, neglect or refuse to maintain a vermin abatement programs, the local health
agency will undertake the work at their expense.

(d) During deratting or disinfecting operations, all foodstuffs, utensils, food preparation and cleaning
equipment shall be covered to protect them from toxic chemical substances.

(e) Vermin control in public places shall be the responsibility of the provincial, city or municipal
governments which have jurisdiction over them.

(f) The procedure and frequency of vermin abatement program shall be determined and approved by the
local health authority.

Section 21. Toilet and Washing Facilities

(a) Adequate and clean toilet facilities for male and female customers and personnel shall be provided in
properly located areas.

(b) Toilet rooms shall not open directly into spaces where food is prepared, stored or served. Where such
toilets exist, the doors shall be tight fitting and self-closing.

(c) Adequate hand-washing facilities shall be provided within or adjacent to toilet room.

(d) Facilities shall include hot and cold running water, single-service paper or cloth towel dispenser or drying
device and soap or detergent.

Section 22. Disposal of Refuse

(a) Refuse cans may be used in food-preparation areas for immediate use only.
 (b) Storage refuse cans, filled and empty, shall be in a designated space separate from food-handling
operations.

(c) These cans shall be constructed and maintained as to be vermin-proof and easily cleaned.

(d) Cans containing refuse shall be tightly covered at all times, except during actual use in food-handling
areas.

(e) Holding bins may likewise be used, provided they are constructed of impervious, readily-cleaned
materials, and fitted with tight-fitting covers.

(f) Where refuse cans are used, a space separated from the food-handling spaces and adjacent to the refuse-
can storage space shall be provided for cleaning them. This space shall be equipped with scrubbing-brushes,
cleansing agents, steam or hot water under pressure, and a hose fitted with adjustable nozzle.

Section 23. Equipment and Utensils

(a) They shall be so designed, fabricated and installed so that cleaning is easy and they do not pose health
hazards.

(b) Lead-soldered containers and cadium-lined piping and fixtures shall not be used.

(c) Surfaces that come into contact with food or drinks shall be constructed of materials that are impervious,
corrosion-resistant, non-toxic, easily cleanable, durable and resistant to chipping.

(d) Sliding doors on cabinets shall be easily cleanable and removable. Runners shall be allotted at the ends to
permit removal of dust and debris. The bottom shelves of open-based fixtures shall be removable to facilitate
inspection, cleaning and maintenance.

Section 24. Washing of Utensils

(a) They shall be scraped and pre-rinsed to remove food articles.

(b) They shall be thoroughly cleansed in warm water at 120_F (49_C) with soap or detergent.

(c) If running water is not used, the wash-water shall be changed frequently.

Section 25. Bactericidal Treatment

Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the
following bactericidal treatments:

(a) Immersion for at least half a minute in clean hot water at a temperature of at least 170_F (77_C);

(b) Immersion for at least one minute in a lukewarm chlorine solution 50 ppm;

(c) Exposure in a steam cabinet at a temperature of at least 170_F (77_C) for at least 15 minutes at a
temperature of 200_F (90_C) for at least 5 minutes;

(d) Exposure in an oven or hot-air cabinet at a temperature of at least 180_F (82_C) for at least 20
minutes; or

(e) Any other method approved by the local health authority.

Section 26. Handling of Washed Utensils

(a) Washed utensils shall be allowed to drain dry in wire racks without use of drying cloths, or shall be stored
in a self-draining position to permit ready air-drying.

(b) The drying cloth on which to store dishes and utensils temporarily after bactericidal treatment should be
clean and changed frequently.

Section 27. Storage of Washed Utensils

(a) They shall be stored in a clean and dry place adequately protected against vermin and other sources of
contamination.

(b) Cups, bowls, and glasses, shall be inverted for storage.

(c) When not stored in closed cupboards or lockers, utensils and containers shall be covered or inverted
whenever practicable. Utensils shall not be stored on the bottom shelves of open cabinets below the working
top level.

(d) Racks, trays and shelves shall be made of materials that are impervious, corrosion-resistant, non-toxic,
smooth, durable and resistant to chipping.

(e) Drawers shall be made of the same materials and kept clean. Felt-line drawers are not acceptable, but the
use of clean and removable towels for lining drawers is acceptable.

Section 28. Dry Storage of Non-Perishable Foods

Non-perishable foods shall be stored in the following manner:

(a) Designated spaces, lockers, cupboards, racks, shelves and containers shall be used for storage.

(b) All spaces, lockers and cupboard shall be constructed of materials of the same quality as used for
food-preparation and food-serving operations. Containers shall be made of metal fitted with tight covers.

(c) The recommended temperature range for dry stores is 50-60_C (10-15_C) except where dry foods for
immediate use are stored in the preparation and servicing spaces.

Section 29. Refrigerated Storage of Perishable Foods

Perishable foods shall be stored in the following manner:

(a) They shall be kept at or below 45_F (7_C) except during preparation or when held for immediate
serving after preparation.

(b) When such foods are to be stored for extended periods, a temperature of 40_F (40_C) is
recommended.

(c) Fruits and vegetables shall be stored in cool rooms.

(d) Recommended temperatures for perishable food storage are:

1. Frozen foods; not more than 10_F (2_C)

2. Meat and fish: 32-38_F (0-3_C)

 3. Milk and milk products: 40-45_F (5-7_C)

4. Fruits and vegetables: 44-50_F (7-10_C)

(e) All refrigerating compartments and refrigerators must be kept clean, in good repair and free from
odours. They shall be provided with thermometers with scale divisions not larger than 2_F (1_C).
Sufficient shelving shall be provided to prevent stocking and to permit adequate ventilation and cleaning.

Section 30. Food Servicing Operations

These operations should be in accordance with the following requirements:

(a) Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or
similar items of food. Sugar shall be served in covered dispensers or containers, or in packages wrapped
for single service.

(b) The surfaces of containers and utensils, including glasses and tablewares, which come in contact with
food and drink shall not be handled.

(c) Disposable cups, plates, spoons and other single-service containers and utensils shall be purchased in
sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on removal
from the carton that the hand does not touch the surface which will be in contact with food or drink.

(d) Clean cloths, napkins, spoons, towels, and other cloth equipment shall be stored in clean places
designated specifically for them. Soiled linens, including towels, aprons, and coats, shall be stored in a
closed bin or locker, suitably marked.

(e) Spoons, spatulas, dippers and scopps used intermittently for dispensing frozen desserts shall be kept in
running water or in water maintained at 170_F (77_C) and frequently changed, or they may be washed
and stored in a dry place after each use. Constant-temperature bottles and other containers used for
potable water and other beverages shall be kept clean and given effective bactericidal treatment before
and after subsequent use.

Section 31. Evaluation of Food Establishment It shall be the duty of the Provincial, Municipal or City Health Officer to
cause an inspection and evaluation of every food establishment requiring a permit for its operations, at least
every six months and shall cause as many additional inspections and re-inspections and evaluation to be made
as are necessary for the enforcement of the provision of this Chapter.

During the inspection or evaluation carried out at least every six months, the inspector shall record his
findings on an inspection form provided for the purpose and shall furnish the original of such report to the
holder of sanitary permit, the manager or occupier of the premises. Demerits entered in the appropriate
column inspection forms shall indicate that the item does not, in the opinion of the inspector, comply with the
requirements of this regulation. Within 48 hours of the inspection or evaluation, the original of the inspection
report shall be furnished the holder of the permit certificate, the manager or occupier of the food
establishment. Whenever an inspection form issued indicates non-compliance items relating to any particular
type of premises, the inspector shall notify the holder of the sanitary permit, the manager or occupier of the
correction to be made and indicate a reasonable period for its compliance. If upon re-inspection after the
deadline the inspector finds the correction has not been effected he shall forthwith report to the Health Officer
and the Health Officer shall revoke the sanitary permit. A copy of the inspection form and any notices served
shall, in all cases, be filed and kept by the local health authority and be available at all reasonable time for
inspection by an officer of the Department of Health.

(a) SERVICE OF NOTICE Whenever an inspection or evaluation report form indicates non-complying
items, the Health Officer of the Province, Municipality or City may cause to be served on the holder of
the permit, the manager or occupier a notice requiring him, within the time stated in the notice, to take
 such remedial action as may be specified therein. In the event within the time stated in the notice,
hereinafter called the first notice, the terms of the first notice are not complied with, the Health Officer
may cause to be served on the holder of the permit, the manager or occupier a second notice calling on
him to show cause, at a time and place stated in the notice, why the permit issued in respect of the food
establishment should not be revoked.

(b) REVOCATION OF PERMITS After prior notice and hearing as provided above, the Health Officer, if
satisfied that the terms of the two notices have not been complied with or that the failure to comply
therewith is not excusable, shall revoke the said permit.

(c) SUMMARY SUSPENSION OF PERMITS Whenever the Provincial, Municipal or City Health
Officer finds unsanitary or unhealthy conditions in the operation of a food establishment which in his
judgment constitute a substantial hazard to the public health, the Health Officer may order the immediate
suspension of the permit. Any person to whom such an order is issued written petition shall be afforded a
hearing as soon as possible.

(d) APPEALS The person or panel conducting the hearing may confirm, modify or reverse the decision
appealed from, which decision shall be final.

(e) PROTECTION OF FOOD Notwithstanding the other provisions of this regulation relating to the
issuance of permits, every person who is engaged in the sale of food or in the manufacture, preparation,
storage, packing or delivery of food for sale protect such food from contamination.

(f) POWER OF ENTRY Any Sanitary Inspector or duly authorized officer of the Department of Health or
of the Provincial, Municipal or City Health Officer, upon presentation of proper credentials may at all
reasonable times enter any premises engaged in the manufacture, preparation or packing of any article of
food for sale or any premises used for any of the purposes referred to in this Code for the purpose of
inspection or any other action necessary for administration of this Code.

Section 32. Special Provisions

(a) Groceries or "Sari-Sari" Stores

1. No grocery or sari-sari store shall be established within a distance of 25 meters from any source of
contamination.

2. All foods which require no further cooking before they are eaten shall be protected from contamination
while in countries or showcases.

(b) Bakeries.

1. Delivery trucks and carts of bakery products shall always be kept clean and sanitary.

(c) Dairies

1. No dairy shall keep unhealthy or infected cows, carabaos or goats for the production of milk, or feed
them unwholesome food which produces impure or unwholesome milk.

2. No animals used for the production of milk shall be allowed to graze on land which has been
contaminated by radioactivity.

3. No dairy shall sell unwholesome milk that has not been previously pasteurized or otherwise sterilized.

(d) Ice Plants

 1. Only potable water shall be used in the manufacture of ice.

2. In storing and transporting ice intended for public consumption, precautionary measures shall be taken
to protect the ice from sources of contamination.

(e) Ambulant Food Vendors

1. These vendors shall sell only bottled food drinks, biscuits and confectionaries.

2. It is prohibited for food vendors to sell food that requires the use of utensils.

(f) Oyster Beds

1. Oysters shall be planted and grown only in areas approved by the Secretary or his duly authorized
representatives and in places duly licensed by the Bureau of Fisheries and Aquatic Resources.

2. Oysters offered for sale, if not originating from approved areas, shall be confiscated and destroyed by
the local health authority.

(g) Fish Marketing Areas

1. Only fresh and wholesome fish products shall be sold.

2. Fish caught in radioactive zones as well as in areas contaminated by toxic substances or high in
mercury count as determined by the health authorities shall be condemned and not be allowed for public
consumption.

3. The selling, distribution and buying of fish caught through the use of explosives and chemicals are
prohibited.

Section 33. Responsibility of the Local Health Authority The local health authority shall:

(a) Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and
their premises;

(b) Take samples of food and drink from any establishments or vendor as often as necessary to determine if
there are unwholesome, adulterated, or contaminated by radioactivity;

(c) Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption;

(d) Seal and prohibit the use of devices, utensils, containers, vehicles, machines, piping and appurtenances if
in his opinion they are unsanitary; and

(e) Enforce the provisions of this Chapter and the rules and regulations promulgated by the Secretary.

CHAPTER IV

MARKETS AND ABATTOIRS

Section 34. Prescribed Standards of Construction The construction of markets and abattoirs shall conform to standards
prescribed by the Department. These standards shall be set along the following guidelines:

1. Suitability of site insofar as elimination of nuisance condition and prevention of contamination are
concerned;
 2. Availability of ample water supply for cleaning;

3. Accessibility of adequate drainage facilities;

4. Durability of construction to protect vendors and customers from any hazard and exposure to the elements;
and

5. Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin.

Section 35. Responsibility of the Local Health Authority

(a) On Markets

1. Make periodic inspections to ascertain the maintenance of adequate sanitary conditions of markets and
their premises;

2. Supervise and control the proper care and use of market stalls;

3. Prohibit the construction of living quarters within any market and its premises;

4. Enforce the ban on construction of partitions, sheds or booths within the market area.

(b) On Abattoirs

1. Supervise the maintenance of adequate sanitation in abattoirs and their premises;

2. Enforce the requirements on the examination of meat as provided in existing laws;

3. Permit the slaughter of animals for public consumption in other designated areas in certain exigencies,
provided public health is adequately protected;

4. Supervise the sanitary disposal of all abattoir wastes; and

5. Ensure that only healthy animals shall be slaughtered, and that the method of slaughtering, the
techniques of dressing and the storing, handling and transporting procedures are in accordance with
prescribed standards.

Section 36. Responsibility of Local Governments and Private Operators Local governments and private operators in
charge of public or private markets and abattoirs shall employ an adequate number of personnel to ensure
their efficient operation and hygienic maintenance. These employees shall be under the direct supervision of
the local health authority.

CHAPTER V

PUBLIC LAUNDRY

Section 37. Sanitary Permit No public laundry shall operate without a sanitary permit from the Secretary or his duly
authorized representative. As used in this Chapter, a public laundry is a laundry established and operated for commercial
purposes, open to the public, and not to an exclusive clientele.

Section 38. General Requirements The construction and operation of a public laundry shall be governed by the following
requirements:

(a) Structural Requirements

 1. The site should be distant from sources of nuisance.

2. Only durable construction materials shall be used.

3. Smooth and water-tight materials shall be used for flooring.

4. All work rooms shall be properly ventilated and provided with 10 foot-candles of lighting.

5. Adequate drying facilities shall be provided and articles for drying protected from sources of
contamination.

(b) Sanitary Requirements

1. Laundry supplies in both liquid and solid state shall be properly stored, prepared and handled.
Containers of chemical shall be properly labeled.

2. Employees shall be provided with potable drinking water, toilets, bathing and washing facilities.

3. Employees shall be provided with lockers for their working garments and street cloths.

4. The plant and its premises and equipment shall be maintained clean and sanitary at all times.

Section 39. Special Requirements The following requirements shall be enforced:

(a) All articles to be laundered coming from hospitals and infected sources shall be treated by exposure to a
sufficient quantity of hot water detergents or by other effective means of disinfection.

(b) All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. that have come in contact with any
form of radioactivity should be isolated in a certain area and monitored by Radiation Safety personnel before
sending these articles for laundry. If any amount of radioactive contamination is found, the affected article
should be set aside and the radioactivity allowed to completely decay before said article is sent for laundry.

(c) All articles for delivery to the laundry shall be kept in containers which shall be kept closed until the
articles are removed at the laundry.

(d) Laundry vehicles shall be kept clean and sanitary at all times.

(e) A separate room shall be used solely for receiving, sorting, marking or handling unwashed articles.

(f) Diapers must be protected from pathogenic organisms and from chemical substances which are irritating to
the skin of the infant. Laundered diapers for delivery shall be packed in sealed sanitary containers.

CHAPTER VI

SCHOOL SANITATION AND HEALTH SERVICES

Section 40. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) School An institution of learning which may be public, private or parochial.

(b) Special School A school which utilizes cadavers, plants, animals, bacterial and viral cultures for studies
and research.

(c) Physical Environments The school plant, grounds and facilities.

 (d) Emotional Environment Factors which affect the emotional health of students and members of the faculty.

Section 41. The Physical Environment In the design and construction of the school plant, the following factors shall be
considered:

(a) Site Traffic hazards are to be avoided but not to the point of sacrificing accessibility to public
transportation. It shall be distant from sources of nuisances.

(b) Grounds The acreage shall be large enough to permit playgrounds, athletic fields and school gardens.

(c) Building Preferably it shall be constructed of strong and durable materials and designed along functional
lines. For the prevention of fire hazards, the requirements of the local fire department shall be observed.
Sufficient ventilation shall be provided. Wall and ceiling finishes should be chosen so as to give optimum
lighting with minimum glare. Artificial lighting with louvered flourescent or incandescent fixture shall be
used to supply a minimum lighting of 25 foot-candles in the darkest corner. For flooring, suitable materials
shall be used which will give maximum durability without creating a slippery surface.

(d) Sanitary Facilities The school population shall be provided with potable water, sewage and waste disposal
systems shall likewise conform to the requirements prescribed in this Code.

Section 42. The Emotional Environment For the promotion of emotional health of the school population the following
requirements shall be observed:

(a) Suitable Location The school site shall be located away from disturbances and places which give
undesirable influence.

(b) Recreational Facilities The school must have safe and attractive playgrounds and adequate facilities for
suitable sports and games.

(c) Rest Rooms Facilities shall be provided where faculty members can rest and get short respite from
teaching chores.

Section 43. Health Services Trained personnel and adequate facilities should be available so that students may be afforded
the following health services:

(a) Periodic physical and medical examination;

(b) Periodic immunization;

(c) Medical and dental treatment;

(d) Treatment for common emergencies; and

(e) Counselling and guidance.

Section 44. Requirements for Special Schools

(a) Cadavers shall be stored in morgues and dissected in dissecting rooms, all of which shall be constructed
and maintained in accordance with standards prescribed by the Department.

(b) Poisonous or harmful plants and animals shall be kept in adequate and a secured areas.

(c) Viral and bacterial cultures shall be kept in laboratories under standard security laboratory measures.
 (d) Schools utilizing radioactive materials or sources for study or research should closely conform to the
requirements and guidelines given by the Radiation Health Office and the Philippine Atomic Energy
Commission concerning radiation protection.

CHAPTER VII

INDUSTRIAL HYGIENE

Section 45. Sanitary Requirements for Operating an Industrial Establishment The following sanitary requirements shall be
applicable to industrial establishments:

(a) No person, firm, corporation, or entity shall operate any industrial establishment without first obtaining a
sanitary permit from the Secretary or his duly authorized representatives.

(b) Industrial establishments shall be allowed to operate only in places or zones assigned for the kind of
industry by existing zoning laws, ordinances, or policies. The local health authority shall determine the
suitability of location where no zoning law, ordinance or policy exists.

(c) Adequate potable water supply shall be provided to employees.

(d) Sewage disposal shall be by means of a municipal or city sewerage system whenever possible. If no
municipal or city sewerage system exists it shall be done in accordance with the provisions of this Code.
Adequate and conveniently located toilet and bath facilities shall be provided for each sex.

(e) All wastes incident to the operation of the industrial plant shall be collected, stored, or disposed of in a
manner to prevent health hazards, nuisances, and pollution. Where a city or municipal collection and disposal
system exists, it should be utilized.

(f) An abatement program for the control of vermin shall be maintained.

(g) Adequate restrooms and mass halls shall be provided for employees.

(h) All places of employment and all workrooms, including machinery and equipment, shall be kept clean and
sanitary.

Section 46. Responsibility of the Secretary The Secretary shall:

(a) Issue a list of maximum concentration of atmospheric contaminants as a guide in appraising health hazards
and in evaluating control measures. The term maximum concentration as used in this Chapter means the
amount of atmospheric contaminant which can be tolerated by man for continuous daily exposure with no
impairment of health or well-being either immediate or after a long period of exposure.

(b) Review the concentration values at regular intervals to amend or alter the list where indicated.

(c) Specify other concentrations of short intermittent duration capable of causing acute impairment of health.

(d) Require control of other contaminants known or believed to be capable of causing impairment of health
but not included in the list already issued by the Department.

(e) Prescribe control measures to eliminate transmission of infection disease through processing or handling
of industrial products or wastes.

(f) Prescribe illumination standard values and order their review at regular intervals to alter or amend values
when indicated.
 (g) Promulgate measures to effectively and adequately control any possible radioactivity to which workers
may be exposed while on their job.

(h) Promulgate control measures to reduce noise and pollution.

Section 47. Responsibilities of the Employer and Employees The following are the responsibilities of the employer and
employees in industrial establishments:

(a) Employer responsibility

1. Provide, install and maintain in good repair all control measures and protective equipment;

2. Inform affected employees regarding the nature of the hazards and the reasons for, and methods of
control measures and protective equipment;

3. Make periodical testing of the hearing of all employees in noisy areas of operation;

4. Adopt measures so that the noise produced is within allowable limits so as not to affect neighboring
offices, buildings or establishments;

5. Request the Department a permit for variation from the requirements when other means of equivalent
protection are provided; and

6. Provide personal protective equipment and/or protective barriers when they are necessary.

(b) Employee responsibility

1. Observe strictly protective control measures which are prescribed; and

2. Use equipment provided them properly.

Section 48. Environmental Provisions The environmental provisions enumerated hereunder for the protection of the health
of workers are applicable to all industrial establishments:

(a) Control of atmospheric contaminants

1. Workers shall not be exposed to atmospheric contaminants hazardous to health.

2. Control of atmospheric contaminants shall be accomplished by methods approved by the Secretary or

his duly authorized representatives or other government authority.

(b) Control of infectious agents

1. Control measures shall be provided to eliminate or control the transmission of infectious diseases
through processing or handling of industrial products or wastes.

(c) Control of possible sources of radiation hazards should be carried out under the supervision of the
Radiation Health Officer or his authorized representative.

(d) Noise

Control measures shall be provided to reduce intensity of noise sufficiently to render it harmless to
workers and to eliminate it at its source as a nuisance by following the recommendations of the local
health or other government authority.
 (e) Illumination

1. Adequate lighting shall be provided and distributed in all work areas in amount required for the type of
work or seeing tasks measured by a light-meter with a minimum of glare and contrasting intensities
between work and workroom.

2. Where the specific task requires more light than provided by general illumination, supplementary
lighting shall be supplied.

(f) Ventilation

1. Natural or artificial ventilation shall be provided in all work areas at a rate to insure a safe and healthful
working atmosphere, free from injurious amounts of toxic materials and reasonably free from offensive
odours and dust throughout the establishment.

2. Proper control measures shall be used to reduce concentration of toxic contaminants to allowable
limits.

3. Air inlets shall be arranged, located and equipped to insure sufficient air velocity and an exhaust
system which shall be located so that discharged materials shall not re-enter places of employment or
habitations nor create any hazard of nuisance.

Section 49. Personal Protective Equipment The following requirements shall be applicable for personal protective
equipment.

(a) Personal protective equipment and/or protective barriers shall be provided whenever substances, radiations
or mechanical irritants are encountered in a manner capable of causing any pathological change or injury or
impairment in functions of any part of the body through skin and/or mucous membrane absorption.

(b) Personal protection equipment which shall include respiratory protectors and other accessories shall be
fitted to each exposed worker when necessary.

(c) X-ray film badges or pocket desimeters should be worn by workers who, during their course of work are
unavoidably exposed to even a small amount of radiation.

(d) Supervisors and employees shall familiarize themselves with the use, proper sanitary care and storage of
this equipment.

Section 50. Health Services Medical services shall be provided to all employees in accordance with existing laws and the
rules and regulations prescribed by the Department.

CHAPTER VIII

PUBLIC SWIMMING OR BATHING PLACES

Section 51. Sanitary Permit No public swimming and bathing places shall be operated for public use without a sanitary
permit issued by the Secretary or his duly authorized representative.

Section 52. Protection of Customers To protect the health and safety of persons who use them, the Department shall
promulgate:

(a) Rules and regulations concerning:

 1. Correct sanitary practices for persons swimming or bathing to prevent the transmission of
communicable diseases;

2. Correct sanitary procedures for personnel working in those places to maintain their adequate sanitation
and cleanliness of accessories used by customers;

3. Adequate number of trained personnel and necessary equipment needed for life-saving and rescue
work;

4. Post conspicuous signs to warn the public of the presence of artificial or natural hazards; and

(b) Standards and criteria concerning:

1. Sanitary structural requisites for swimming pools and bath houses to prevent pollution of their waters
and to facilitate sanitation maintenance;

2. Sanitary structural standards for appurtenances, such as toilets, shower baths and dressing rooms to
eliminate the risk of infection;

3. Methods of determining the sanitary quality of water, particularly that which is used in swimming
pools; and

4. Criteria to be used in the limitation of swimming or bathing loads of swimming pools in accordance
with the type of water treatment applied.

Section 53. Responsibility of the Local Health Authority The local health authority concerned shall:

1. Inspect the state of sanitation of public swimming or bathing places;

2. Ascertain if their personnel are examined regularly for the presence of any infections or contagious disease;

3. Enforce rules and regulations of the Department under this Chapter; and

4. Recommend to the Department the revocation of their permits when it is deemed necessary for the
protection of public health.

CHAPTER IX

REST AREAS, BUS TERMINALS, BUS STOPS, AND SERVICE STATIONS

Section 54. Rest areas, bus terminals, bus stops and service station areas with one or more permanent sheds, buildings and
service facilities for motor vehicles shall be provided with sanitary facilities for the convenience and personal
necessities of the travelling public.

(a) Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent
overcrowding of motor vehicles and travellers.

(b) They shall be provided with adequate ventilation and lighting and away from sources of nuisance.

(c) Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this
Code.

(d) Excreta and sewage collection and disposal shall be provided in accordance with the provisions of Chapter
XVII of this Code.
 (e) Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code.

(f) Comfort rooms Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein
in accordance with the provisions on Chapter XVII of this Code.

(g) Waiting sheds for commuters shall be of adequate size to comfortably accommodate a minimum of thirty
(30) persons. Floors shall be of smooth concrete finish and adequate sitting facilities provided for.

(h) Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of
this Code.

CHAPTER X

CAMPS AND PICNIC GROUNDS

Section 55. No camps and picnic grounds shall be open for public patronage without a sanitary permit issued by Secretary
or his duly authorized representative.

(a) Camps and picnic ground sites shall not be subject to flooding, must be well drained, distant from any
source of nuisance and will not endanger sources of any public water supply.

(b) Camp and picnic houses shall be provided with adequate lighting and ventilation. Where tents are used
flooring shall be at least 4 inches above the ground.

(c) Adequate and safe drinking water shall be available at all times in accordance with the provisions of
Chapter II of this Code.

(d) Adequate number of sanitary facilities shall be provided.

(e) Sewage disposal shall be in accordance with the provisions on Chapter XVII of this Code.

(f) The storage, preparation and serving of food shall be in accordance with Chapter III of this Code.

(g) Refuse cans shall be provided at strategic points in the ground area provided with tight fitting cover. A
regular collection service shall be maintained. Refuse disposal shall be in accordance with the provisions of
Chapter XVIII of this Code.

(h) Camps and picnic grounds shall at all times be maintained clean, free from litter and accumulated rubbish.

(i) A program on Vermin Control shall be made in accordance with Chapter XVI of this Code.

CHAPTER XI

DANCING SCHOOLS, DANCE HALLS AND NIGHT CLUBS

Section 56. General Provisions The following provisions are applicable to dancing schools, dance halls and night clubs:

(a) These establishments shall be operated and opened for public patronage only when a sanitary permit is
issued by the local health authority.

(b) These establishments and their premises shall be kept clean and sanitary at all times.

(c) Patrons shall be provided with adequate potable water and toilet facilities in accordance with standards
prescribed by this Code.
 (d) There shall be no private rooms or separate compartments for public use except those used for lavatories,
dressing rooms, bars and kitchens.

Section 57. Special Provisions The following provisions are applicable in cases herein specified:

(a) For dancing schools

No person shall be employed as a dancing instructor or instructress without first securing a health certificate
from the local authority.

(b) For dance halls and night clubs

1. No person shall employed as hostess or cook or bartender or waiter without first securing a health
certificate from the local health authority.

2. The storage, preparation and serving of food and drinks shall be in accordance with the provisions
prescribed in Chapter III of this Code.

CHAPTER XII

TONSORIAL AND BEAUTY ESTABLISHMENTS

Section 58. Definition of Terms As used in this Chapter, the term "Tonsorial and Beauty Establishments" include barber
shops, beauty parlors, hairdressing and manicuring establishments and figure slendering salons.

(a) Requirements. These establishments are subject to the following requirements:

1. A sanitary permit shall be procured from the local health authority before their operation.

2. They shall be maintained clean and sanitary at all times.

3. No person shall be employed to service customers without a health certificate issued by the local health
authority.

(b) Correct Sanitary Practices. The following sanitary practices shall be observed.

1. Working personnel shall wash their hands with soap and water before servicing customers.

2. They shall wear clean working garments.

3. They shall not smoke nor eat while working.

4. Implements of their trade shall be cleaned and disinfected before and after their use.

5. Customers shall be supplied with clean and fresh towels, drapes and other linen necessary.

6. Precautionary measures to prevent disease transmission shall be observed when serving customers
showing any form of dermatoses.

CHAPTER XIII

MASSAGE CLINICS AND SAUNA BATH ESTABLISHMENTS

Section 59. Definition of Terms As used in this Chapter the following shall mean:
 (a) Massage. A method wherein the superficial soft parts of the body are rubbed or stroked or kneaded for
remedial or aesthetic or hygienic purposes.

(b) Massage Clinic. An establishment where massage is administered to customers.

(c) Masseur. A trained person duly licensed by the Secretary or his authorized representative to perform
massage and to supervise massage clinic attendants.

(d) Massage Clinic Attendant. A trained person duly permitted by the Secretary or his authorized
representative to massage customers under the guidance and supervision of a masseur.

(e) Sauna Bath Establishment. An establishment where customers are exposed to steam which is generated by
sprinkling water on hot stones or by some other means.

(f) Sauna Bath Attendant. A person who applies the proper technique of giving steam bath to customers.

Section 60. Sanitary Permit No person or entity shall operate a massage clinic and/or a sauna bath establishment without
first securing a sanitary permit from the local health authority.

Section 61. Sanitary Requirements The following requirements shall be enforced:

(a) Massage Clinic

1. The reception and office rooms shall be properly lighted and ventilated.

2. Every massage room shall be adequately ventilated, provided with a sliding curtain at the entrance and
equipped with a suitable and clean massage table.

3. Sanitary and adequate handwashing, bath and toilet facilities shall be available.

4. Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers. They shall be
required to take a thorough bath before massage.

5. Masseur and masseur attendant shall wash their hands with soap and water before and after massaging
a customer.

6. The establishment and its premises shall be maintained clean and sanitary at all times.

(b) Sauna Bath Establishment

1. The reception and office rooms shall be properly lighted and adequately ventilated.

2. The sauna bath room shall be properly lighted, provided with thermometers, and maintained clean and
sanitary at all times.

3. Sanitary and adequate handwashing, bath and toilet facilities shall be available.

4. Customers shall be provided with soap, clean towels and sanitized rubber or plastic slippers.

Section 62. Personnel The following requirements shall be enforced:

(a) Masseur
 1. The person must have a certificate as a registered masseur, issued by the Committee on Examiners for
Masseur of the Department.

2. He must possess an up-to-date health certificate issued by the local health authority.

3. The person shall wear a clean working garment when attending to customers or when supervising
massage clinic attendants.

(b) Massage Clinic Attendant

1. The person shall be properly registered and authorized by the local health authority to work as massage
clinic attendant after compliance with the following requirements:

a) The Satisfactory completion of a training course or study given by a government office, school
or hospital, which is duly authorized and recognized by the Department; and

b) Up-to-date health certificate issued by the local health authority to include VD clearance
secured from any government clinic or hospital.

2. person must clean working garments when attending to customers.

(c) Sauna Bath Attendant

1. Attendant must possess an up-to-date health certificate issued by the local health authority.

2. The person must wear clean working garments when attending to customers.

CHAPTER XIV

HOTELS, MOTELS AND APARTMENTS, LODGING, BOARDING, OR TENEMENT HOUSES,

AND CONDOMINIUMS

Section 63. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) Hotel. A building where transient guests are received and are supplied with and charged for meals, lodging
and other services.

(b) Motel. A roadside hotel for motorists, usually consisting of private cabins.

(c) Boarding House. A building where selected persons for fixed periods of time are supplied with, and
charged for sleeping accommodations and meals.

(d) Lodging House. A building where persons are supplied with and charged for sleeping accommodations
only.

(e) Tenement House. A building or portion thereof which is leased or sold to an occupied as residence by four
or more families doing their cooking within the premises but living independently of one another although
having a common right in the use of halls, stairways, terraces, verandas, toilets, and baths.

(f) Apartment House. A building containing a number of separate residential suites.

(g) Condominium. A building with one or more storeys composed of multi-unit residential suites under joint
ownership of occupants, each unit provided with complete sanitary facilities, utilities and other amenities.
 (h) Establishments. A collective term construed to include items (a) to (g).

Section 64. General Provisions The following are required for the establishments defined in the preceding Section:

(a) No establishment shall be operated and opened for public patronage without a sanitary permit issued by
the Secretary or his duly authorized representative.

(b) Any extension or additional construction in an establishment shall require a sanitary permit before it could
be operated.

(c) All establishments shall provide their patrons with adequate water supply, toilet and bath facilities in
accordance with standards prescribed in this Code.

(d) Establishments and their premises shall be kept clean and sanitary at all times.

(e) Periodic insect and vermin control measures shall be undertaken to eradicate vectors of diseases.

(f) Animals, fowls and pets shall be housed in appropriate kennels or cages separate from living quarters.

(g) No person shall be employed in establishments without first procuring a health certificate from the local
health authority.

Section 65. Special Provisions The following provisions are applicable.

(a) Hotels and Motels

1. The storage, preparation and serving of food to customers shall be in accordance with the standards
prescribed in Chapter III of this Code.

2. Customers shall be provided with clean linen such as bedsheets, pillow cases, towels and napkins.

3.When rooms or cabins are vacated, their toilets or baths shall be sanitized and clean and fresh linen shall
be provided before the room or cabin is rented for occupancy.

(b) Condominium The following conditions are applicable:

1. The choice for sites should consider availability of bus and taxi transportation services.

2. Nearness to place of work, schools, police stations and clinics.

3. Availability of low-cost goods.

4. Parking facilities and playgrounds for children.

5. Facilities for refuse disposal and cleanliness of buildings, and

6. Efficiency of lifts.

CHAPTER XV

PORT, AIRPORT, VESSEL AND AIRCRAFT SANITATION

Section 66. Port and Airport Sanitation In ports and airports, the following sanitary requirements shall be applied:
 (a) Every port and airport shall be provided with potable drinking water and wholesome food supplied from
sources approved by the Secretary or his duly authorized representative.

(b) The drinking water and food shall be stored and handled in a manner to ensure their protection against
contamination. The local health authority shall conduct periodic inspections of equipment, installations and
premises, and collect regularly samples of water and food for laboratory examination to determine if they are
fit for human consumption.

(c) There shall be available to as many ports and airports as practicable organized medical and health services
with adequate staff, equipment and facilities for the prompt isolation and care of infected persons,
disinfection, disinsecting, deratting, laboratory examination, collection and examination of rodents for plague
infection, collection of water and food samples for examination.

(d) The local health authority for each port and airport shall take all practicable measures to keep port and
airport installation free of rodents.

(e) In ports and airports of entry, facilities shall be provided for immunizations required in international
travel.

(f) Every port of entry and the area within the perimeter of an airport of entry shall be kept free from mosquito
vectors of yellow fever, malaria and other diseases of epidemiological significance.

Section 67. Vessel Sanitation For the purpose of this Section, the provisions of Art. II of the Quarantine Regulations
promulgated under Section 5 of Republic Act No. 123 shall be applied and enforced.

Section 68. Aircraft Sanitation For the purpose of this Section, the requirements in the Guide to Hygiene and Sanitation in
Aviation of the World Health Organization are adopted as part of this Code.

CHAPTER XVI

VERMIN CONTROL

Section 69. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) Place Land, building, residence, pier, watercraft, aircraft or any means of conveyance.

(b) Vermin A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, budbugs,
mice and rats which are vectors of diseases.

Section 70. General Requirements

(a) A vermin abatement program shall be maintained in places by their owners, operators or administrators. If
they fail, neglect or refuse to maintain a vermin abatement program, the local health agency will undertake the
work at their expense.

(b) Vermin control in public places shall be the responsibility of the provincial, city or municipal
governments which have jurisdiction over them.

(c) The procedure and frequency of vermin abatement program shall be determined and approved by the local
health authority.

CHAPTER XVII

SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL AND DRAINAGE

Section 71. Definition of Terms As used in this Chapter, the following terms shall mean:

(a) Public sewerage system A system serving twenty-five persons or more.

(b) Septic tank A water tight receptacle which receives the discharge of a plumbing system or part thereof,
and is designed to accomplish the partial removal and digestion of the suspended solid matter in the sewage
through a period of detention. Its construction shall be in accordance with specifications prescribed in this
Chapter.

(c) House sewer The pipe line conveying sewage from the house or building to the septic tank or to any point
of discharge.

(d) Septic tank absorption bed or drain field An underground system of pipes leading from the outlet of the
septic tank, consisting of open-jointed or perforated pipes so distributed that the effluent from a septic tank is
oxidized and absorbed by the soil.

(e) Effective capacity of a septic tank The actual liquid capacity of a septic tank as contained below the liquid
level line of the tank.

(f) Effective depth of a septic tank The actual liquid depth of a septic tank as measured from the inside bottom
of the septic tank to the liquid level line.

(g) Freeboard or air space of a septic tank The distance as measured from the liquid level line to the inside top
of the septic tank.

(h) Distribution box A small concrete receptacle between the septic tank and the drain field from which lines
of drain tile extends and which acts as surge tank to distribute the flow of sewage equally to each line of drain
tile.

(i) Approved excreta disposal facilities shall mean any of the following:

1. Flush toilets properly connected to a community sewer;

2. Flush toilets connected to a septic tank constructed in accordance with this Chapter;

3. Any approved type pit privy built in accordance with this Chapter; and

4. Any disposal device approved by the Secretary or his duly authorized representative.

(j) Privy A structure which is not connected to a sewerage system and is used for the reception, disposition
and storage of feces or other excreta from the human body.

(k) Septic privy where the fecal matter is placed in a septic tank containing water and connected to a drain
field but which is not served by a water supply under pressure.

(l) Box and can privy A privy where fecal matter is deposited in a can bucket which is removed for emptying
and cleaning.

(m) Concrete vault privy A pity privy with the pit line with concrete in such manner as to make it water tight.

(n) Chemical privy A privy where fecal matter is deposited into a tank containing a caustic chemical solution
to prevent septic action while the organic matter is decomposed.
Section 72. Scope of Supervision of the Department The approval of the Secretary or his duly authorized representative is
required in the following matters:

(a) Construction of any approved type of toilet for every house including community toilet which may be
allowed for a group of small houses of light materials or temporary in nature;

(b) Plans of individual sewage disposal system and the sub-surface absorption system, or other treatment
device;

(c) Location of any toilet or sewage disposal system in relation to a source of water supply;

(d) Plans, design data and specifications of a new or existing sewerage system or sewage treatment plant;

(e) The discharge of untreated effluent of septic tanks and/or sewage treatment plants to bodies of water;

(f) Manufacture of septic tanks; and

(g) Method of disposal of sludge from septic tanks or other treatment plants.

Section 73. Operation of Sewage Treatment Works Private or public sewerage systems shall:

(a) Provide laboratory facilities for control tests' and other examinations needed;

(b) Forward to the local health authority operating data, control tests and such other records and information
as may be required;

(c) Inform the local health authority in case of break-down or improper functioning of the sewage treatment
works; and

(d) Provide for the treatment of all sewage entering the treatment plant.

Section 74. Requirements in the Operation of Sewerage Works and Sewage Treatment Plants The following are required
for sewerage works and sewage treatment plants.

(a) All houses covered by the system shall be connected to the sewer in areas where a sewerage system is
available.

(b) Outfalls discharging effluent from a treatment plant shall be carried to the channel of the stream or to deep
water where the outlet is discharged.

(c) Storm water shall be discharged to a storm sewer, sanitary sewage shall be discharged to a sewerage
system carrying sanitary sewage only; but this should not prevent the installation of a combined system.

(d) Properly designed grease traps shall be provided for sewers from restaurants or other establishments where
the sewage carries a large amount of grease.

Section 75. Septic tanks Where a public sewerage system is not available, sewer outfalls from residences, schools, and
other buildings shall be discharged into a septic tank to be constructed in accordance with the following
minimum requirements:

(a) It shall be generally rectangular in shape. When a number of compartments are used, the first compartment
shall have the capacity from one-half to two-thirds of the total volume of the tank.
 (b) It shall be built of concrete, whether pre-cast or poured in place. Brick, concrete blocks or adobe may be
used.

(c) It shall not be constructed under any building and within 25 meters from any source of water supply.

Section 76. Disposal of Septic Tank Effluent The effluent from septic tanks shall be discharged into a sub-surface soil,
absorption field where applicable or shall be treated with some type of a purification device. The treated
effluent may be discharged into a stream or body of water if it conforms to the quality standards prescribe by
the National Water and Air Pollution Control Commission.

Section 77. Determination of Septic Tank Capacity The septic tank capacity may be determined from the estimated unit
flow contained in Table I "Quantities of Sewage Flow," based on adequate detention time interval resulting in
efficient sedimentation. Daily flow from mattered results, may be used as estimated flow when available. For
edifices with occupants, the number of persons to be served shall be computed on the number of rooms with
each room considered as occupied by two persons or on the basis of the actual number of persons served by
the tank, whichever is greater.

Section 78. Sanitary Privies The privy recommended for use is the sanitary privy. It shall conform with the following
minimum requirements:

(a) It shall consist of an earthen pit, a floor covering the pit, and a water-sealed bowl. It shall be so
constructed in order that fecal matter and urine will be deposited into the earthen pit which shall be
completely fly-proof.

(b) The pit shall be at least one meter square.

(c) The floor should cover the pit tightly to prevent the entrance of flies. It shall be constructed of concrete or
other impervious material.

(d) The water-sealed bowl shall be joined to the floor so as to form a water-tight and insect proof joint.

(e) A suitable building, shall be constructed to provide comfort and privacy for the users of the privy.

(f) Wooden floors and seat risers shall not be used.

Section 79. Drainage

(a) Responsibility of cities and municipalities It shall be the responsibility of all cities and municipalities to
provide and maintain in a sanitary state and in good repair a satisfactory system of drainage in all inhabited
areas where waste water from buildings and premises could empty without causing nuisance to the
community and danger to public health.

(b) Connection to the municipal drainage system Buildings or premises producing waste water shall be
connected to the municipal drainage system in all areas where it exists.

Section 80. Special Precaution for Radioactive Excreta and Urine of Hospitalized Patient.

(a) Patients given high doses of radioactive isotope for therapy should be given toilet facilities separate from
those used by "non-radioactive" patients.

(b) Radioactive patients should be instructed to use the same toilet bowl at all times and to flush it at least 3
times after its use.
 CHAPTER XVIII

REFUSE DISPOSAL

Section 81. Definition of Terms As used in this Chapter, refuse is an inclusive term for all solid waste products consisting
of garbage, rabbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes.

Section 82. Responsibility of Cities and Municipalities Cities and municipalities shall provide an adequate and efficient
system of collecting, transporting and disposing refuse in their areas of jurisdiction in a manner approved by
the local health authority.

Section 83. Additional Requirements

(a) Occupants of buildings and residences shall; provide a sufficient number of receptacles for refuse. Refuse
in receptacles shall be protected against vermin and other animals.

(b) Refuse shall be disposed through a municipal collection service. If this service is not available, disposal
shall be by incineration, burying, sanitary landfill or any method approved by the local health authority.

(c) Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water. It shall be stored in a
suitable container while awaiting its final disposal.

(d) Streets shall be kept clean by occupants or owners of properties lining the street from the line of the
property to the middle of the street and from one property to the other.

(e) Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government
concerned.

CHAPTER XIX

NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS

Section 84. Definition of Terms As used in this Chapter, the following terms shall mean and include:

(a) Nuisance Anything that injures health, endangers life, offends the senses or produces discomfort to the
community.

(b) Offensive trades or occupations These are the following:

1. Soap boiling;

2. Guts cleaning;

3. Boiling of offal, bones, fat or lard; (Permissible if process is performed in a public slaughterhouse
under prescribed regulations.)

4. Manufacturing of glue or fertilizer;

5. Skin curing;

6. Scrap processing;

7. Manure storing;
 8. Lime burning;

9. Lye making; and

10. Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous
substance is used.

Section 85. Types of Nuisances For the purpose of this Chapter, the following shall be considered nuisances:

(a) Public or private premises maintained and used in a manner injurious to health;

(b) Breeding places and harborages of vermin;

(c) Animals and their carcasses which are injurious to health;

(d) Accumulation of refuse;

(e) Noxious matter or waste water discharged improperly in streets;

(f) Animals stockage maintained in a manner injurious to health;

(g) Excessive noise; and

(h) Illegal shanties in public or private properties.

Section 86. Responsibilities of Owners, Managers or Operators The Owners, managers or operators of establishments
shall:

(a) Secure a sanitary permit from the local health authority before establishing and operating their business or
trade;

(b) Remove daily all injurious by-products and wastes;

(c) Prevent the escape of industrial impurities and adopt methods to render them innocuous;

(d) Maintain working establishments and their premises clean and sanitary at all times;

(e) Store all materials properly to prevent emission of noxious or injurious effluvia.

CHAPTER XX

POLLUTION OF THE ENVIRONMENT

Section 87. General Provisions For the purpose of this Chapter, the provisions of Republic Act No. 3931, the rules and
regulations of the National Water and Air Pollution Control Commission promulgated in accordance with the
provisions of Section 6(a) 2 of the said Act, the provisions of Presidential Decree No. 480, and the rules and
regulations of the Radiation Health Office of the Department of Health shall be applied and enforced.

Section 88. Authority of the Secretary The Secretary is authorized to promulgate rules and regulations for the control and
prevention of the following types of pollution:

(a) Pollution of pesticides and heavy metals;

 (b) Pollution of food caused by chemicals, biological agents, radioactive materials, and excessive or improper
use of food additives;

(c) Non-ionizing radiation caused by electronic products such as laser beams or microwaves;

(d) Noise pollution caused by industry, land and air transport and building construction;

(e) Biological pollutants including the causative agents of intestinal infections;

(f) Pollution of agricultural products through the use of chemical fertilizers and plant pesticides containing
toxic chemical substances and unsanitary agricultural practices; and

(g) Any other type of pollution which is not covered by the provisions of Republic Act 3931, the Rules and
Regulations of the National Water and Air Pollution Control Commission, the provisions of Presidential
Decree No. 480 and the rules and regulations of the Radiation Health Office of the Department of Health
which is likely to affect community Health adversely.

CHAPTER XXI

DISPOSAL OF DEAD PERSONS

Section 89. Definition As used in this Chapter, the following terms shall mean:

(a) Burial grounds cemetery, memorial park of any place duly authorized by law for permanent disposal of the
dead.

(b) Embalming preparing, disinfecting and preserving a dead body for its final disposal.

(c) Embalmer a person who practices embalming.

(d) Undertaking the care, transport and disposal of the body of a deceased person by any means other than
embalming.

(e) Undertaker person who practices undertaking.

(f) Funeral establishment any place used in the preparation and care of the body of a deceased person for
burial.

(g) Remains the body of a dead person.

(h) Burial Interment of remains in a grave, tomb or the sea.

(i) Disinterment the removal or exhumation of remains from places of interment.

Section 90. Burial Grounds Requirements the following requirements shall be applied and enforced:

(a) It shall be unlawful for any person to bury remains in places other than those legally authorized in
conformity with the provisions of this Chapter.

(b) A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be
constructed within the same distance from any burial ground.

(c) No burial ground shall be located within 50 meters from either side of a river or within 50 meters from any
source of water supply.
Section 91. Burial Requirements The burial remains is subject to the following requirements:

(a) No remains shall be buried without a dead certificate. This certificate shall be issued by the attending
physician. If there has been no physician in attendance, it shall be issued by the mayor, the secretary of the
municipal board, or a councilor of the municipality where the death occurred. The death certificate shall be
forwarded to the local civil register within 48 hours after death.

(b) Shipment of remains abroad shall be governed by the rules and regulations of the Bureau of Quarantine.

(c) Graves where remains are buried shall be at least one and one-half meters deep and filled well and firmly.

(d) The cost of burial of a dead person shall be borne by the nearest kin. If the kin is not financially capable of
defraying the expenses or if the deceased had no kin, the cost shall be borne by the city or municipal
government.

(e) The burial of remains in city or municipal burial grounds shall not be prohibited on account of race,
nationality, religion or political persuasion.

(f) If the person who issues a death certificate has reasons to believe or suspect that the cause of death was
due to violence or crime, he shall notify immediately the local authorities concerned. In this case the deceased
shall not be buried until a permission is obtained from the provincial or city fiscal. If these officials are not
available the permission shall be obtained from any government official authorized by law.

(g) Except when required by legal investigation or when permitted by the local health authority, no
unembalmed remains shall remain unburied longer than 48 hours after death.

(h) When the cause of death is a dangerous communicable disease, the remains shall be buried within 12
hours after death. They shall not be taken to any place of public assembly. Only the adult members of the
family of the deceased may be permitted to attend the funeral.

Section 92. Disinterment Requirements Disinterment of remains is subject to the following requirements:

(a) Permission to disinter remains of persons who died of non-dangerous communicable diseases may be
granted after a burial period of three years.

(b) Permission to disinter remains of person who died of dangerous communicable diseases may be granted
after a burial period of five years.

(c) Disinterment of remains covered in paragraphs "a" and "b" of this Section may be permitted within a
shorter time than that prescribed in special cases, subject to the approval of the Regional Director concerned
or his duly authorized representative.

(d) In all cases of disinterment, the remains shall be disinfected and places in a durable and sealed container
prior to their final disposal.

Section 93. Funeral and Embalming Establishments These establishments are subject to the following requirements:

(a) Scope of inclusion for the purposes of this Section, requirements prescribed herein shall be applied and
enforced to funeral chapels, embalming establishments and morgues.

(b) Sanitary permit No establishment mentioned in the preceding paragraph shall be operated without a
sanitary permit issued by the Secretary or his duly authorized representative. This permit shall be revoked in
case of any violation of the provisions of this Chapter and the rules and regulations promulgated by the
Secretary.
 (c) Classification Funeral establishment shall be classified in three (3) categories which are described as
follows:

1. Category I Establishments with chapels, and embalming facilities and offering funeral services.

2. Category II Establishments with chapels and offering funeral services but without embalming facilities.

3. Category III Establishments offering only funeral services from the house of the deceased to the burial
ground.

(d) Sanitary requirements

For funeral chapels The requirements prescribed for places of public assembly in this Code shall be applied.

For embalming and dressing rooms

1. They should be constructed of concrete or semi-concrete materials with sufficient space to

accommodate five bodies at one time.

2. The floors and walls shall be made of concrete or other durable impervious materials.

3. Ventilation and lighting should be adequately provided.

4. Embalming shall be performed on a table made of a single marble slab or other equally impervious
materials. It shall be so constructed that all washings and body fluids shall flow to a drain connected to
the waste piping system of the building.

5. Embalming and assistants shall use rubber gloves when working.

6. Washing facilities with soaps, detergents and germicidal solutions shall be provided for use of the
following personnel.

Section 94. Licensing and Registration Procedures The licensing and registration of undertakers and embalmers are
subject to the following requirements:

(a) Issuance of license to practice

1. Any person who desires to practice undertaking or embalming shall be licensed to practice only after
passing an examination conducted by the Department.

2. Licensed undertakers or embalmers shall practice undertaking or embalming in accordance with

requirements prescribed by the Department.

3. Licensed undertakers or embalmers shall display their licenses conspicuously in the establishments
where they work.

(b) Issuance of certificates of registration

1. An undertaker or embalmer shall apply annually for a registration certificates and pay an annual
registration fee of twenty-five pesos to the Regional Health Office concerned.

2. The first registration certificate issued shall cover the period from the date of issuance to the last day of
the current year. Subsequent certificates shall bear the date of January 1 of the year of issue and shall
expire December 31 of the same year.
 3. Certificates of registration shall be posed conspicuously in establishments concerned.

(c) Exemption Government and private physicians may perform embalming without license and registration
certificates as exigencies require.

Section 95. Autopsy and Dissection of Remains The autopsy and dissection of remains are subject to the following
requirements:

(a) Person authorized to perform these are:

1. Health officers;

2. Medical officers of law enforcement agencies; and

3. Members of the medical staff of accredited hospitals.

(b) Autopsies shall be performed in the following cases:

1. Whenever required by special laws;

2. Upon orders of a competent court, a mayor and a provincial or city fiscal;

3. Upon written request of police authorities;

4. Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it
necessary to disinter and take possession of remains for examination to determine the cause of death; and

5. Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of
death.

(c) Autopsies may be performed on patients who die in accredited hospitals subject to the following
requirements:

1. The Director of the hospital shall notify the next of kin of the death of the deceased and request
permission to perform an autopsy.

2. Autopsy can be performed when the permission is granted or no objection is raised to such autopsy
within 48 hours after death.

3. In cases where the deceased has no next of kin, the permission shall be secured from the local health
authority.

4. Burial of remains after autopsy After an autopsy, the remains shall be interred in accordance with the
provisions in this Chapter.

Section 96. Donation of Human Organs for Medical, Surgical and Scientific purposes Any person may donate an organ or
any part of his body to a person, a physician, a scientist, a hospital or a scientific institution upon his death for
transplant, medical, or research purposes subject to the following requirements:

(a) The donation shall be authorized in writing by the donor specifying the recipient, the organ or part of his
body to be donated and the specific purpose for which it will be utilized.

(b) A married person may make such donation without the consent of his spouse.
 (c) After the death of a person the next of kin may authorize the donation of an organ or any part of the body
of the deceased for similar purposes in accordance with the prescribed procedure.

(d) If the deceased has no next of kin and his remains are in the custody of an accredited hospital, the Director
of the hospital may donate an organ or any part of the body of the deceased in accordance with the
requirement prescribed in this Section.

(e) A simple written authorization signed by the donor in the presence of two witnesses shall be deemed
sufficient for the donation of organs or parts of the human body required in this Section, notwithstanding the
provisions of the Civil Code of the Philippines on matters of donation. A copy of the written authorization
shall be forwarded to the Secretary.

(f) Any authorization granted in accordance with the requirements of this Section is binding to the executors,
administrators, and members of the family of the deceased.

Section 97. Use of Remains for Medical Studies and Scientific Research Unclaimed remains may be used by medical
schools and scientific institutions for studies and research subject to the rules and regulations prescribed by
the Department.

Section 98. Special Precautions for Safe Handling of Cadavers Containing Radioactive Isotopes

(a) Cadavers containing only traces (very small dose) of radioactive isotope do not require any special
handling precautions.

(b) Cadavers containing large amounts of radioactive isotopes should be labelled properly identifying the type
and amount or radioactive isotopes present and the date of its administration.

(c) Before autopsy is performed, the Radiation Health Officer or his duly authorized representative should be
notified for proper advice. The pathologist and/or embalmer should be warned accordingly of the radioactivity
of the cadaver so that radiation precautions can be properly enforced.

(d) Normal burial procedures, rules and regulations may be carried out on the above mentioned cadavers
provided that their amount of radioactivity has decayed to a safe level which will be determined by the
Radiation Health Officer or his authorized representative.

(e) Cremation If cremation is performed without autopsy, there is no handling problem; otherwise, autopsy
precautions should be strictly enforced. Precautions should be taken to prevent any possible concentration of
radioactivity at the base of the stack of the crematorium.

Section 99. Responsibility of the Regional Director The Regional Director shall:

(a) Act on applications for the establishment of burial grounds; and

(b) Close any burial ground which is a menance to public health.

Section 100. Responsibility of the Local Health Authority The local health authority shall:

(a) Administer city or municipal cemeteries;

(b) Issue permits to inter, disinter or transfer remains;

(d) Apply prescribed measures when cause of death is due to a dangerous communicable disease;

(e) Keep records of death occurring within his area of jurisdiction; and
 (f) Authorize the deliver of unclaimed remains to medical schools and scientific institutions for purposes
specified in this Chapter and in accordance with the rules and regulations of the Department.

Section 101. Responsibility of Local Government Local governments shall:

(a) Reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to approval of Regional
Directors concerned;

(b) Utilize judiciously grants, gifts, bequests of property or financial donations for the establishment or
improvement of cemeteries; and

(c) Close cemeteries under their jurisdiction subject to approval of the Regional Director.

Section 102. Penal Provisions

(a) The Secretary or his duly authorized representative may revoke or suspend the license of an undertakers or
embalmer who violates any provisions of this Chapter or the rules and regulations promulgated by the
Secretary under this Chapter.

(b) Any person who shall engage in the business of undertaking or embalming in violation of any provision of
this Chapter shall be liable to a penalty of not more than one thousand pesos for each violation.

(c) Each day or any part thereof during which any prohibited business or practice is continued shall be
deemed a separate violation and subject to the same penalty prescribed in the preceding paragraph.

CHAPTER XXII

FINAL PROVISIONS

Section 103. Penal Provision

(a) Unless otherwise provided in any Chapter or section in this Code, any person who shall violate, disobey,
refuse, omit or neglect to comply with any of the rules and regulations promulgated under this Code shall be
guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six
months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the court.

(b) Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department
or of the bureaus and offices under it, in the performance of his duty as such under this Code, or shall tear
down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of the Code,
shall be guilty of a misdemeanor and punishable upon conviction by imprisonment for a period not exceeding
six months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the
Court.

Section 104. Separability Clause In the event that any section, paragraph, sentence, clause, or word of this Code is
declared invalid for any reason, other provisions thereof shall not be affected thereby.

Section 105. Repealing Clause All laws, as well as pertinent rules and regulations thereof which are inconsistent with the
provisions of this Code are hereby repealed or amended accordingly.

Section 106. Effectivity This Code is hereby made part of the law of the land and shall take effect immediately.
PRESIDENTIAL DECREE No. 956 July 9, 1976

CREATING AN AGENCY TO BE KNOWN AS NATIONAL GAMING

COMMISSION TO SUPERVISE AND CONTROL ALL FORMS OF GAMING
AND IMPOSING TAXES THEREON

The present system of control and supervision of gaming, particularly the operations of offshore casino gaming, is
found inadequate to cope up with the increasing pace of gaming activities in the country today. It is necessary to regulate
and control all forms of authorized gaming in order to support the tourism program of the government, broaden the base
for revenue generation and provide better protection to the betting public.

In order to control and regulate effectively these gaming activities, it is necessary to centralize as much as
possible in one agency, such power and authority of control and regulation and to impose taxes on operators of gaming
establishments and on players.

PART I

THE NATIONAL GAMING COMMISSION

Section 1. Creation of the National Gaming Commission There is hereby created the National Gaming Commission,
hereinafter referred to as the Commission, which shall be composed of a Chairman and two (2) members, who
shall be appointed by the President and shall hold office at his pleasure.

The Chairman shall receive a salary of P50,000 per annum, while each of the two (2) members shall receive
P40,000 per annum.

The Chairman and members shall serve on full-time basis and shall not hold any other public or private
office, nor shall they be pecuniarily interested in any business or organization conducting gaming covered by
this Decree.

Section 2. Functions and powers of the Commission. The Commission shall have the power to:

(a) Grant permits to persons who under its rules and regulations may be qualified to operate gaming activities
authorized by law;

(b) Revoke the said permit under its rules and regulations, the conduct of the gaming activities justifies such
revocation;

(c) Supervise and regulate all gaming authorized by law such as casino gambling, horse racing, jai alai and
cockfighting, taking into consideration the protection of the betting public and the promotion of tourism;

(d) Authorize the use of gaming equipment, paraphernalia and such other facilities by gaming establishments;

(e) Prohibit the use of improper devices, drugs, stimulants, and other means as to artificially affect the results
of any gambling game;

(f) Suspend or revoke for a reasonable cause a license or permit issued by it;

(g) Prepare its budget, and fix the number and compensation of its personnel in accordance with law;

(h) Recruit, appoint, suspend, or terminate the services of its personnel in accordance with law;

(i) Delegate its licensing and regulating powers over cockfighting to any national or local agency; and
 (j) Issue rules and regulations necessary to carry out the provisions of this Decree.

Section 3. Jurisdiction The jurisdiction of the Commission shall embrace all forms of authorized gaming; Provided,
however, That sweepstakes races and lotteries shall remain under the jurisdiction of the Philippine Charity
Sweepstakes Office; and provided, further, That boxing, wrestling and professional basketball shall remain
under the jurisdiction of the Games and Amusement Board.

Section 4. Appropriation. To carry out the purposes of this Decree, there is hereby appropriated out of the funds in the
National Treasury not otherwise appropriated, the sum of P1,000,000 for the initial year of operation of the
Commission. Thereafter, such amount as may be necessary for its operation shall be included in the annual
appropriation.

PART II

TAX ON CASINOS

Section 5. Taxes on Casino There shall be collected from the grantee the following taxes and fees:

(a) An initial permit fee of P1,000,000 and an annual permit fee of not less than P50,000 nor more than
P200,00 as may be determined by the Commission; and

(b) A weekly fixed tax of:

1. not less than P2,000 nor more than P5,000 for each type of game per table, and

2. not less than P300 nor more than P500 for each slot machine or similar devices as may be determined
by the Commission.

Section 6. Taxes on Chips There shall be collected on every sale of chips by the casino operator to a player a tax
equivalent to five per centum of the value thereof. The tax herein imposed shall be in lieu of income tax for
which the player may be liable on his winnings.

For this purpose, no bet shall be allowed in the casino except through chips purchased from the Cashier's box
inside the casino. Under no circumstances shall chips be purchased on the gaming table nor any chips be
borrowed from another player inside the casino.

Section 7. Annual License Fee on Gaming Employee of Casino There is hereby imposed an annual license fee of P75 on
every casino manager and pit boss, and P50 on every dealer and other similar gaming employee of the casino.

Section 8. Player's Annual License Fee There is hereby imposed a player's annual fee of P500 on every person who enters
and takes part in gambling games in the casino.

The Commission shall prescribe the qualifications of persons who may apply for a player's license: Provided,
however, That in no case shall a player's license be issued to a person whose annual net taxable income, as
shown by his latest income tax returns, be less than P50,000: Provided, further, That a tourist from abroad shall
be allowed to enter and play in the casino without having to comply with these requirements other than the
presentation of a valid passport.

Section 9. Manner, place and time for payment of tax It shall be the duty of the grantee to make a true and complete return
of the types of games per table, slot machines or similar devices under Section 5(b), and pay the tax to the
Bureau of Internal Revenue on or before the first business day of the following week.

For purposes of collecting the tax imposed in Section 6, the grantee is hereby constituted withholding agent
and shall submit a weekly return of the amount of chips sold and remit the tax due thereon to the Bureau of
Internal Revenue on or before the first business day of the following week.
 All taxes and fees imposed under Sections 5(a), 7 and 8 of this Decree shall be paid to the Bureau of Internal
Revenue on or before the 31st of January.

If the tax or fee is not paid within the time prescribed therein, the amount of the tax shall be increased by
twenty-five per centum, the increment to be a part of the tax. In addition thereto, there shall be collected an
interest of fourteen (14) per centum per annum from the original due date.

In case of willful neglect to file the return within the period prescribed herein, or in case a false or fraudulent
return is willfully made, there shall be added to the tax, or on the basis of such returns before the discovery of
the falsity or fraud, a surcharge of fifty per centum of the amount of such tax or deficiency tax. The amount so
added to any tax shall be collected at the same time and in the same manner as part of the tax, unless the tax
has been paid before the discovery of the falsity or fraud, in which case, the amount so added shall be collected
in the same manner as the tax.

Section 10. Apportionment of Revenue The proceeds of the taxes, fees and licenses collected under this Decree shall be
apportioned as follows:

(a) To the Metropolitan Manila Authority, the taxes under Section 5 of this Decree.

(b) To the National Government, the proceeds of the taxes and fees under Section 6, 7 and 8 of this Decree.

Section 11. Importation of Gaming Paraphernalia and Devices The importation of gaming paraphernalia and devices shall
not be allowed, except when the importation is made by the grantee for its exclusive use in the casino and duly
authorized by the Commission. The paraphernalia and devices so imported shall be subject to a tariff duty of
100% ad valorem of the dutiable value of such article and a 70% compensating tax, the provisions of existing
laws to the contrary notwithstanding.

Section 12. Keeping of books of accounts, invoices and receipts The grantee shall keep books of accounts and other
accounting records for its daily transactions and issue invoices or receipts for every sale of chips. The books of
accounts, accounting records, invoices or receipts, which shall be duly registered with the Bureau of Internal
Revenue, in accordance with the pertinent provisions of Sections 334 to 337 of the National Internal Revenue
Code and the regulations thereunder, shall be open for inspection and examination by the Commission and the
Bureau of Internal Revenue.

PART III

PENALTIES

Section 13. Penalties Any person who violates any of the rules and regulations promulgated by the National Gaming
Commission pursuant to this Decree shall, upon conviction, be fined in an amount not less than P2,000 nor
more than P5,000, and suffer imprisonment for not less than one year nor more than three years.

If the offender is a juridical person, the penalties shall be imposed on its President, or Vice President, or office
or officers responsible for the offense.

If the offender is an alien, he shall, after he has paid the fine and served the sentence imposed by the Court as
hereinabove prescribed, suffer the additional penalty of deportation without the necessity of further
proceedings to be instituted by the Commission on Deportation and Immigration.

PART IV

TRANSITORY AND REPEALING PROVISIONS

Section 14. Transitory Provisions Pending issuance of implementing letters of instructions to effect the smooth turnover to
the Commission of the appropriate functions of the Games and Amusements Board, the Philippine Racing
Commission, and the Agencies which presently regulate cockfighting, said Board, Commission and Agencies
shall continue to perform their respective functions.

Section 15. Repealing Clause All Acts, Decrees, Executive Orders, proclamations, rules and regulations, or parts thereof
inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly.

Section 16. Effectivity This Decree shall take effect upon approval.

PRESIDENTIAL DECREE No. 996 September 16, 1976

PROVIDING FOR COMPULSORY BASIC IMMUNIZATION FOR INFANTS

AND CHILDREN BELOW EIGHT YEARS OF AGE

Child is one of the most important assets of the nation and every effort should be exerted to promote his welfare
and enhance his opportunities for a useful and happy life. The Child can be protected against death, disease, and disability
through an integrated and comprehensive basic immunization program for infants and children below eight years of age;

Immunization against tuberculosis, diphtheria, tetanus, pertussis, poliomyelitis, measles, rubella, and other
diseases is proven and universally applied and generally accepted to be efficient, safe, and economical measures against
the morbid and devastating effects of these diseases on infants and children;

The Department of Health has the necessary resources for nationwide BCG Vaccination and resources can be
developed for other immunizations to meet the needs for preventive services for infants and children;

Section 1. Coverage. Basic immunization against certain diseases shall be compulsory for infants and children below
eight years of age;

Section 2. Scope. Basic immunization services shall include: (a) BCG Vaccination against tuberculosis; (b) Inoculation
against diphtheria, tetanus, and pertussis; (c) Oral poliomyelitis immunization; (d) Protection against measles;
(e) Immunization against rubella; and (f) such other basic immunization services for infants and children below
eight years of age which the Council for the Welfare of Children may recommend to the Secretary of Health.

Section 3. Implementation by the Department of Health. The Department of Health shall provide free basic immunization
services under this Decree, subject to rules and regulations as the Secretary of Health shall issue on the
immunization, ages, schedules, procedures, and available resources to carry out the purposes of this Decree.

Section 4. Responsibility of Parents, the Guardian, or Person Having Custody of the Infant or Child. It shall be the duty
of the parents, guardian, or person having custody of the infant or child to see to it that such infant or child is
presented for basic immunization services at such place and time as specified by the Department of Health.

Section 5. Responsibility of the Head of a School or Institution. The head of an institution where infants or children are
educated, treated, cared for, or committed by law for preventive or rehabilitative services shall provide basic
immunization services: Provided, that arrangements may be made by the said institution with the Department
of Health for free immunization services.

Section 6. Immunization of School Entrants. It shall be the duty of all schools, public and private, to provide basic
immunization services to all pre-school and primary school entrants who have not received such immunization,
subject to rules and regulations as the Secretary of Health may promulgate.
Section 7. Penalty. Violations of any provision of this Decree shall be punished by imprisonment not exceeding one
month or a fine not exceeding two hundred pesos, or both such fine and imprisonment at the discretion of the
court, unless a higher penalty is provided for in the Revised Penal Code or special laws.

Section 8. Repealing Clause. All laws or any parts of any laws inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.

Section 9. Separability Clause. If any provision of this Decree is held invalid, the other provisions not affected thereby
shall continue in operation.

Section 10. Effectivity Clause. This Decree shall take effect upon its approval.

PRESIDENTIAL DECREE No. 1519

REVISING THE PHILIPPINE MEDICAL CARE ACT OF NINETEEN

HUNDRED AND SIXTY NINE

Republic Act No. 6111 entitled "An Act Establishing the Philippine Medical Care Plan Creating the Philippine
Medical Care Commission, Prescribing its Duties, Powers and Functions and Appropriating Funds Therefor" enacted on
August 4, 1969 requires revision in order to be responsive to the situation;

Section 1. Short Title. This Decree shall be known as the Revised Philippine Medical Care Act.

Section 2. Declaration of Policy. It is hereby declared to the policy of the government to gradually provide total medical
service for our people by adopting and implementing a comprehensive and coordinated medical care plan
based on the following concepts of health care:

(a) There shall be comprehensive medical care according to the needs of the patient.

(b) The use of government and private medical facilities shall be coordinated as public service
instrumentalities for the people.

(c) Optimum health care shall be achieved by preserving and promoting a proper inter-relationship among
physicians, patients and hospitals.

Section 3. Purpose and Objectives. The main purposes and objectives of this Decree are:

(a) To provide medical care to residents of the country in an evolutionary way within our economic means and
capability as a nation.

(b) To provide our people with a viable means of helping themselves pay for adequate medical care.

Section 4. Definition of Terms. For the purpose of this Decree the following terms shall mean as follows:

(a) Commission The Philippine Medical Care Commission created under R.A. No. 6111.

(b) Philippine Medical Care Plan the total Plan consisting of Programs I and II.

(c) SSS the Social Security System created under Republic Act Number Eleven Hundred Sixty One as
amended.
 (d) GSIS The Government Service Insurance System Created under Commonwealth Act Number One
Hundred Eighty Six as amended.

(e) Employee Any person compulsorily covered by either GSIS or SSS.

(f) Beneficiary Any person entitled to medical care benefits under this Decree.

(g) Employer The employer of the employee.

(h) Legal Dependent Persons other than members and contributors who are entitled to benefits under this
Decree in accordance with such terms and conditions as the Commission may prescribe.

(i) Medical Care Benefits Services relative to illness or injury including major dental or operation which needs
hospitalization, subject to reasonable limitations as will be imposed by the technical organization and finances
of the Philippine Medical Care Plan.

(j) Hospital Any medical facility, government or private, accredited in accordance with rules and regulations
promulgated by the Commission.

(k) Medical or Dental Practitioner Any doctor of medicine or doctor of dental medicine duly licensed to
practice in the Philippines who is a member in good standing of the Philippine Medical Association or of the
Philippine Dental Association and accredited in accordance with rules and regulations promulgated by the
Commission.

(l) Service Beds Private and government hospital beds set aside for beneficiaries of the Philippine Medical
Care Plan as may be prescribed by the Commission.

(m) Single Period of Confinement A single confinement or series of confinements for the same illness, with
intervals of not more than ninety (90) days.

(n) Medical or Dental Attendance Medical of dental care of a patient by a physician or medical staff or dentist
or dental staff of the hospital.

Section 5. Philippine Medical Care Commission. To carry out the purposes and objective of this Decree, the Philippine
Medical Care Commission created by Republic Act No. 6111, hereinafter referred to as the Commission, shall
be composed of a Chairman, an Executive Director and the following members: the Administrator of the
Social Security System, the General Manager of the Government Service Insurance System, the Secretary of
Health, the Secretary of Finance, the Secretary of Local Governments and Community Development, the
President of the Philippine Medical Association, the President of the Philippine Hospital Association, and two
(2) members representing the private sector. The private sector representative shall be appointed by the
President of the Philippines for a term of six (6) years.

The ex-officio members may designate their representatives who shall exercise the plenary powers of their
principals as well as enjoy the same benefits available to the latter.

When the Chairman is temporarily unable to perform his functions or in case of vacancy of the office, the
Executive Director shall serve as the Acting Chairman.

Section 6. Functions of the Commission The Commission shall have the following functions and powers:

(a) To formulate policies, administer and implement the Philippine Medical Care Plan, consistent with the
National Health Plan.

(b) To ensure that medical care is provided to members covered by the Philippine Medical Care Plan.
 (c) To organize its offices, fix the compensation of and appoint its Secretary and such other personnel as may
be deemed necessary, subject to pertinent budget and compensation laws, rules and regulations.

(d) To establish when deemed necessary provincial, city and municipal medical care councils.

(e) To accredit medical and dental practitioners, government and private hospitals and other facilities for
participation in the Medical Care Plan under such terms and conditions as the Commission may sent.

(f) To promulgate or prescribe rules and regulations as may be necessary to carry out the provisions and
purposes of this Decree.

(g) To recommend to the President from time to time according to sound actuarial procedures the contributions
as well as benefits under the Philippine Medical Care Plan as resources allow in order to insure adequate
financing and effective delivery or medical care to all beneficiaries of the Plan.

(h) To fix and provide from its funds the necessary amount for the operation of Provincial Medical Care
Councils, City Medical Care Councils and the Municipal Medical Care Councils so that they could carry out
their respective functions under the Medical Care Plan. Council members shall be entitled to per diems for
every meeting actually attended by them as well as actual and necessary travel expenses as the Commission
may provide, subject to pertinent laws, rules and regulations on compensation honoraria and allowances. Ex-
officio council members shall be provided with an honorarium in such amount as the Commission may
approve subject to pertinent rules and regulations on honoraria.

(i) To ensure a homogenous distribution of adequate hospital accommodations for in-patient care through a
national network of government and private medical care facilities and to coordinate with the department of
health in the implementation of the Hospital Licensure Act.

(j) To acquire in behalf of the Republic of the Philippines, real or personal property which may be necessary or
expedient for the attainment of the purposes of the Commission.

(k) To enter into agreement or contracts in the manner and under such terms and conditions as the Commission
may deem proper for the efficient and effective administration of the Commission.

(l) To adopt control measures to prevent abuses of the Philippine Medical Care Plan.

(m) To investigate upon its own initiative or upon complaint in writing, any violation of this Decree or of the
implementing rules and regulations and to suspend or revoke, after notice and hearing, the accreditation
extended to any government or private hospital, drug store, medical and dental practitioner, who commits such
violation: Provided, That any order or decision rendered by the Commission under this paragraph shall be
appealable to the Office of the President in accordance with the procedure established under Executive Order
No. 19, Series of 1966.

(n) To submit to the President of the Philippines annually within the first ten days of each year, a report
covering its activities in the administration and enforcement of this Decree during the preceding fiscal year.

(o) To coordinate with other appropriate government agencies in the development of medical and allied
manpower based on the needs of the health care delivery system.

(p) Generally to exercise all powers necessary to attain the purposes and objectives of this Decree.

Section 7. Meetings and Hearings of the Commission. The meetings and hearings of the Commission shall be held as
often as necessary at the discretion of the Chairman or at the request of the majority of the members of the
Commission. The presence of six (6) members of the Commission shall constitute a quorum. The members of
the Commission shall receive a per diem for every meeting and hearing attended subject to pertinent budget
laws, rules and regulations on compensation, honoraria and allowances. Each member of the Commission,
 except the Chairman and the Executive Director, shall receive monthly commutable allowance subject to the
aforementioned laws, rules and regulations on compensation.

Section 8. Chairman of the Commission. The Chairman of the Commission shall be appointed by the President of the
Philippines for a term of six (6) years. He shall be a reputable member of the medical profession with at least
twelve (12) years of experience in medical practice. He shall hold office on a full time basis and shall nor be
removed except for cause. He shall receive such salary and remuneration as may be determined by the
Commission, subject to provisions of P.D. No. 985.

The Chairman shall preside over the meetings of the Commission and shall implement its decisions. He shall
exercise supervision and control over all operations of the Commission.

Section 9. The Vice-Chairman and Executive Director of the Commission. The Executive Director who shall also be the
Vice-Chairman shall be appointed by the President of the Philippines for a term of six (6) years and shall have
at least ten (10) years of experience in business undertaking or medical practice. He shall hold office on a full-
time basis and shall not be removed except for cause. He shall receive such salary and remuneration as may be
determined by the Commission, subject to the provisions of P.D. No. 985.

The Executive Director shall advise and assist the Chairman in the formulation and implementation of rules
and regulations necessary to carry out the policies established by the Commission. He shall perform such
functions as may be assigned to him by the Chairman.

Section 10. The Philippine Medical Care Plan. The Philippine Medical Care Plan shall consist of the following which
shall provide medical care benefits:

(a) Program I for members of the SSS and the GSIS including their legal dependents.

(b) Program II for those not covered under Program I. This shall be in accordance with Section 33 hereof.

Section 11. Program I. All members of the SSS and GSIS and all their legal dependents as defined under Section 4 hereof
shall be provided with medical care benefits.

In case an employee is both covered by the SSS and GSIS, only his employment with the latter shall be
considered for purposes of his coverage.

Section 12. Medical Care Benefits. Under such rules, regulations and/or conditions as the SSS or the GSIS may prescribe
subject to the approval of the Commission, a beneficiary under Program I who suffers from sickness or injury
requiring hospitalization/surgical operation shall be entitled to the following benefits:

(a) Allowance for hospital room and board at twelve (P12.00) pesos per day for a period not exceeding 45 days
per year for each member of Program I and another 45 days per year to be shared by all his legal dependents.
The Commission may, however, fix a higher rate not exceeding eighteen (P18.00) pesos per day in accordance
with such standards that it may sent.

(b) Allowance for necessary drugs and laboratory examination including X-ray not exceeding one hundred
fifty (P150.00) pesos per single period of confinement. However, amount not exceeding two hundred fifty
(P250.00) pesos may be allowed for cases requiring intensive care as may be defined by the Commission.

(c) Surgeon's fee allowance not exceeding fifty (P50.00) pesos for minor surgery, two hundred fifty (P250.00)
pesos for medium surgery and five hundred (P500.00) pesos for a major surgery, the exact amount of which
shall be determined under a relative value scheme covering each kind of surgical procedure under rules and
regulations to be promulgated by the Commission for this purpose, but not to exceed five hundred (P500.00)
pesos for any listed operation. The fee shall cover two (2) days of pre-operative care and five (5) days of post-
operative care.
 (d) Operating room fee allowance not exceeding twenty (P20.00) for a minor surgery, fifty (P50.00) pesos for
medium surgery, and seventy-five (P75.00) pesos for major surgery.

(e) Anesthesiologist’s fee allowance shall not exceed thirty per cent (30%) of the surgeon's fees.

(f) Allowance for medical and dental practitioner's fee of ten (P10.00) pesos for each daily visit not to exceed
two hundred (P200.00) pesos for a single period of confinement or for any sickness or injury provided that in
determining the compensation daily visit occasioned by any one sickness or injury not more than one visit for
any one day shall be counted.

(g) Allowance for sterilization expenses of a contributing member or his spouse as may be determined by the
Commission.

The beneficiary shall have the option to secure the drugs and medicines used for his treatment from either the
hospital pharmacy wherein he is confined or from any retail drug store of his own choice subject to the rules
and regulations promulgated by the Commission or as provided for in Sections 21 and 22 thereof.

Out-patient and domiciliary care shall be carried out by existing government hospitals, rural health units, other
government clinics and all clinics under the supervision of various government entities.

As soon as feasible, the Commission shall provide expense allowances for ambulatory and domiciliary care
benefits rendered in/by government or private hospitals or clinics to beneficiaries of this Medical Care Act
subject to rules and regulations promulgated by the Commission.

All government hospital, sanitaria, clinics, dispensaries and rural health units shall provide back-up services to
the medical care plan especially for patients occupying service beds.

Section 13. Participants in the Delivery of Medical Care Services. Only the following may participate in the delivery of
medical care services in the Philippine Medical Care Plan under such rules and regulations as the Commission
may set:

(a) Hospitals duly accredited by the Commission.

(b) Medical and Dental practitioners duly accredited by the Commission.

(c) Drug stores duly accredited by the Commission.

Section 14. Free Choice of Hospital, Medical or Dental Attendance. Any beneficiary who becomes sick or is injured shall
be free to choose the hospital in which he will be confined and the medical and dental practitioner or medical
or dental attendance by whom he will be treated, under such rules and regulations as promulgated by the
Commission.

The right of any beneficiary who so desires to arrange privately for medical care at his own expense shall not
be prejudiced by any provision of this Decree.

Section 15. Entitlement to Medical Care Benefits. An employee who shall have paid at least three monthly contributions
during the last twelve months prior to the first day of the single period of confinement, as well as his legal dependents
shall be entitled to medical care benefits: Provided, That until such time that such an employee becomes entitled to the
benefits of Program I, he shall be covered by Program II.

Section 16. Supervision. The Commission, the SSS and GSIS shall exercise supervision over the confined beneficiaries
under such rules and regulations as they may promulgate for the purpose. This authority may be exercised by
the Commission through its intermediaries.
Section 17. The GSIS and the SSS Health Insurance Funds. Payment for medical care benefits in Program I shall be borne
with the SSS and GSIS Health Insurance Funds which shall consist of all contributions and accruals thereto.
These funds shall be kept distinct and separate from all other funds administered by the said agencies.

The Health Insurance Funds administered under the GSIS and SSS shall be deposited, invested, administered
and disbursed in the same manner and under the same conditions, requirements, and safeguards as provided by
Republic Act Number Eleven Hundred Sixty-One, as amended, and Commonwealth Act Number One
Hundred Eighty-six as amended, with regard to such other funds as are administered by the SSS or GSIS
respectively: Provided, That the SSS and GSIS may disburse each for operational expenses not more than 12
per cent of the total contributions and investment earnings collected during the year.

Section 18. Rates of Contributions for SSS and GSIS Health Insurance Funds. Contributions for the Health Insurance
Funds by members of the SSS and GSIS shall be compulsory in accordance with the following schedule:

Monthly Salary Wage Contribution Base Employer's Employee's

of Earnings Contribution Contribution
P1.00 - P49.99 P25.00 P0.30 P0.30
50.00 - 99.99 75.00 0.95 0.95
100.00 - 149.99 125.00 1.55 1.55
150.00 - 199.99 175.00 2.20 2.20
200.00 - 249.99 225.00 2.80 2.80
250.00 - 349.99 300.00 3.75 3.75
350.00 - 499.99 425.00 5.35 5.35
500.00 - Above 600.00 7.50 7.50

Section 19. Collection of Contributions to the SSS and GSIS Health Insurance Funds. The employer shall deduct from his
employee's monthly compensation the employee's contribution. The employee's contribution and the
employer's counterpart thereof shall be remitted by the employer directly to the GSIS and SSS, as the case may
be, in the same manner as other SSS and GSIS contributions and shall be subject to the same penalties for late
payment. The employer's counterpart contribution shall not in any manner be recovered from the employee.
Failure of the employer to remit to the GSIS or the SSS the corresponding employee's and employer's
contributions shall not be a reason for depriving the employee of the benefits of this Decree.

Section 20. Effects of Separation from Employment. An employee who is no longer obliged to contribute under Section 19
hereof by separation from employment may continue to enjoy medical care benefits, subject to such rules and
regulations and/or conditions as the Commission may prescribe.

Section 21. Payment of Medical Care Benefits. Payment for medical care service shall be made directly to the hospital, the
medical or dental practitioner, and the retail drug store according to rules, regulations and/or conditions which
the Commission may set: Provided, That when the charges and fees agreed upon between the beneficiary, who
chooses to occupy a bed more expensive than a service bed, and the provider of the service exceed the amount
of benefits provided for under this Decree, the difference shall be borne personally by the patient. Medical
Care expenses incurred while outside the country may be reimbursed to the beneficiary under such rules,
regulations and/or conditions as the Commission may prescribe.

Section 22. Limitation to Payment of Benefits. Claims for payment of services rendered under this Decree which are filed
beyond sixty (60) days after the discharge of the patient from the hospital or from the time a patient has been
declared well shall be barred from payment.
 Payment for services rendered may be reduced or denied when the claimant:

(a) Furnishes false or incorrect information concerning any matter required by this Decree or the rules and
regulations promulgated by the Commission.

(b) Fails without good cause or legal ground to comply with any provision of this Decree or the
implementing rules and regulations of the Commission.

The cost of medical care benefits of patients confined in service beds shall be limited to the prescribed medical
care benefit allowances.

When claim is reduced or denied, the amount thus reduced or denied shall not be charged directly or indirectly
to the beneficiary involved unless the latter is directly responsible for the cause of such reduction or denial.

Section 23. Exclusion. The benefits granted under the Medical Care Plan shall not cover any expenses for:

(a) Cosmetic surgery or treatment;

(b) Optometric services;

(c) Physchiatric illness;

(d) Normal obstetrical delivery; and

(e) Services which are purely diagnostic.

Section 24. Provincial Medical Care Council. The Commission shall establish in each province a Provincial Medical Care
Council of seven (7) members, to be composed of: (1) the Provincial Health Officer or in his absence his
authorized representative; (2) a representative of the Provincial Governor chosen from his official staff and
confirmed by the Commission; (3) the Provincial Treasurer, or in his absence, his duly authorized
representative; (4) a duly designated representative of the Philippine Medical Association who is a member of
the Association's component society; (5) a duly designated representative of the Philippine Hospital
Association preferably the chief of one of the private hospitals in the province, if any; and (6 and 7) two
private citizens of the province representing the beneficiaries of the Philippine Medical Care Plan.

The last four (4) mentioned members shall be appointed by the Commission and shall hold office for a period
of two (2) years unless sooner removed for cause by the Commission. The Council shall elect annually its
Chairman and such other officers as may be deemed necessary. The Provincial Medical Care Council shall
exercise such power and duties as may be authorized by the Commission.

Section 25. City Medical Council. The Commission shall establish in each chartered city a Medical Care Council of seven
(7) members, to be composed of: (1) the City Health Officer or in his absence his authorized representative; (2)
City Treasurer or in his absence his authorized representative; (3) a representative of the City Mayor chosen
from his official staff and confirmed by the Commission; (4) a duly designated representative of the Philippine
Medical Association who is a member of the Association's components society, (5) a duly designated
representative of the Philippine Hospital Association preferably the chief of a private hospital in the City, if
any; and two private citizens from the city representing the beneficiaries of the Philippine Medical Care Plan.
The last four (4) mentioned members shall be appointed by the Commission and shall hold office for a period
of two (2) years unless sooner removed for cause by the Commission.

The Council shall elect annually its Chairman and such other officers as may be deemed necessary, and shall
perform such functions as may be directed by the Commission.
 Whenever it is deemed necessary, the Commission may organize District Medical Care Councils of not more
than five (5) members whose functions shall be to assist the City Medical Care Council in implementing the
Medical Care Plan for the City in accordance with rules and regulations that the Commission may promulgate.

Section 26. Municipal Medical Care Council. The Commission may establish in each municipality a Municipal Medical
Care Council of seven (7) members to be composed of (1) The Municipal Health Officer or in his absence his
authorized representative; (2) the municipal treasurer or in his absence his authorized representative; (3) a
representative of the Municipal Mayor chosen from his official staff and confirmed by the Commission; (4) a
duly designated representative of the Philippine Medical Association; (5) a representative of the Philippine
Hospital Association preferably the chief of a private hospital in the town; or in the absence of one, the highest
public school official in the town; and (6 and 7) two private citizens of the municipality representing the
beneficiaries of the Philippine Medical Care Plan. The last four (4) mentioned members shall be appointed by
the Commission and shall hold office for a period of two (2) years unless sooner removed for cause by the
Commission. The Council shall elect annually its Chairman and such other officers as may be deemed
necessary, and shall perform such functions as may be directed by the Commission.

The Council shall perform such functions as may be authorized by the Commission.

Section 27. Records and Reports. The Commission, the Provincial, the City and Municipal Medical Care Councils, the
SSS and GSIS shall keep records of all operations relative to any and all funds. Such records shall be for
purposes of financial management as well as research.

Section 28. Study and Research. The Commission shall undertake a continuous management study and research to insure
the viability of the Program.

Section 29. Hearing Procedures. Whenever the Commission deems it necessary, inquiries and investigations into reported
violations of the provision of this Decree or the implementing rules and regulations shall be conducted by a
hearing committee created by the Commission, and for this purpose, the committee shall not be bound by
technical rules of evidence. The Commission may administer oaths, certify to official acts and issue subpoena
and subpoena duces tecum, to compel the attendance of witnesses and the production of books, papers and
other records deemed necessary in connection with any question arising under this Decree. Any case of
contumacy shall be dealt with in accordance with the provisions of Section 580 of the Administrative Code.

Section 30. Penal Provisions. Any person who for the purpose of securing entitlement to any benefit or payment under
this Decree or the issuance of any certificate or document for any purpose connected with this Decree whether
for himself or for some other person shall commit fraud, collusion, falsification, misrepresentation or any
similar anomaly, shall suffer penalties provided for in Article 172 of the Revised Penal Code.

Whoever fails or refuses to comply with the provisions of this Decree or with the rules and regulations
promulgated by the Commission, shall be punished by a fine of not less than five hundred pesos nor more than
five thousand pesos, or imprisonment for not less than six months nor more than one year, or both, at the
discretion of the counter: Provided, That, where the violation consist in failure or refusal to deduct
contributions from employee's compensation and remit the same to the SSS and GSIS, the penalty shall be a
fine of not less than five hundred pesos nor more than five thousand pesos and imprisonment for not less than
six months nor more than one year.

Any employer, who, after deducting the monthly contributions from his employee's compensation, fails to
remit the said deductions to the SSS and GSIS within thirty days from the date they become due shall be
presumed to have misappropriated such contributions and shall suffer the penalties provided in Article 315 of
the Revised Penal Code.

Any employer who shall deduct directly and indirectly from the compensation of the covered employee or
otherwise recover from them his own contribution on behalf of such employees shall be punished with a fine
not exceeding one thousand pesos for imprisonment not exceeding one year or by both fines and imprisonment
at the discretion of the court.
 Any employee of the SSS or GSIS who receives or keeps funds or property belonging, payable or deliverable
to the SSS and GSIS who shall appropriate the same, or shall take or misappropriate or shall consent, or
through abandonment or negligence, shall permit any other person to take such property or funds, wholly or
partially, or shall otherwise be guilty of misappropriation of such funds or property, shall suffer the penalties
provided in Article 217 of the Revised Penal Code.

If the act or omission, penalized by this Decree be committed by an association, partnership, corporation or
any other institution, its managing head, directors or partners shall be liable to the penalties provided in this
Decree for the offense.

Criminal actions arising from a violation of the provisions of this Decree may be commenced by the SSS, the
GSIS or the Commission, or the employee concerned either under this Decree or in appropriate cases under the
Revised Penal Code. Provided, That criminal actions may be filed by the SSS, the GSIS or the Commission in
the city or municipality where the violation was committed or in Metro Manila at their option.

Section 31. Appropriations. Funds as may be necessary to finance the operation, programs, and projects of the
Commission and the Medical Care Councils, as provided for in Sections 24, 25 and 26, in carrying out the
purposes and objectives of this Decree are hereby authorized to be included in the Annual Appropriations Law.

Section 32. Government Guarantee. The Republic of the Philippines guarantees the benefits under this Decree and the
solvency of the Community Health Insurance Funds.

Section 33. Program II. As soon as feasible, medical care benefits under Program II will be provided either through a
social insurance medical care service similar to that of Program I or through the public medical care service
under rules and regulations to be promulgated by the Commission. All provisions of this Decree as may be
applicable to Program II shall so apply. Those not covered at present by Program I may seek medical attention
from existing government hospitals.

Program II shall be implemented upon its approval by the President.

Section 34. Separability Clause. In the event any provision of this Decree or the application of such provision to any
person or circumstances is declared invalid, the remainder of the Decree or the application of said provision to
other persons or circumstances shall not be affected by such declaration.

Section 35. Repealing Clause. Republic Act No. 6111, and all laws, executive orders, administrative rules and regulations
or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.

Section 36. Effectivity. The revised Medical Care Act shall be implemented 90 days after its approval.