SOCIAL SECURITY SYSTEMS LAW (RA 8282 AMENDED) SOCIAL

SECURITY ACT OF 2018 (RA 11199)

 Not over 21 or 21 years old  Dependents: born before his retirement of a marriage subsisting when he
was 57 years old
 Congenitally incapacitated and incapable of self-support,
Purpose: physical or mental Disability Benefits
 Provides income support to government/private sector employees and
 Cash benefits granted either as a monthly pension or a lump sum amount
their families in times of contingencies like death, old age, sickness, and Who are the beneficiaries?
disability arising from work, and are financed out of the contribution of to a member who becomes permanently disabled, either partially or
members and their employers. Primary Beneficiaries totally.
If disability occurred after paying at least 36 monthly contribution:
 Dependent spouse until he remarries
Who are covered by this law?
 Dependent children
 Monthly pension
If disability occurred before paying 36 monthly contributions
Compulsory basis:
Secondary Beneficiaries  Lump-sum benefit equivalent to 35 times the monthly pension
The minimum disability benefit shall not be less than the total contributions paid by
Following persons who are not over 60 years old:  Dependent parents
him and his employer
 All workers in the private sector
 Legitimate descendants and illegitimate children Permanent disability; without having to paid at least 3 monthly contributions:
 All self-employed with a monthly net of at least 1000
 Any other person designated by the covered employee as secondary  Minimum benefit
 All household helpers with a monthly income of at least 1000 beneficiary  Received a lump-sum benefit
 All Filipino seafarers Obligations of the Employer  Re-employed not earlier than one year from the date of his
 All employees of a foreign government, IO, and wholl owned 1. To make timely reports of employees’ coverage disability
instrumentality based on the Philippines 2. To make timely remittance of premiums
***Employer who fails to remit the deduction for SSS within 30 days shall be Unemployment Benefits
presumed to have misappropriated such contribution
Voluntary basis:  Cash benefit granted to covered employees, including kasambahays and
 Parent, spouse or child below 21 years old, of the owner of a single SSS Benefits OFWs (sea-based and land-based) who are involuntarily separated from
proprietorship business employment
 Social Security and Employees’ Compensation (EC) Programs in the Under compulsory coverage; separted from employment:
 Members who have been separated from employment and who would event of death, disability, sickness, maternity, and old age.
 Obligation to pay shall cease at the end of the month of separation
like to continue paying his contributions
 Replacement of income lost on account of aforementioned

 OFWs employed in a country who signed bilateral agreement with Ph contingencies. 
But shall be credited with all contributions paid
government to include Filipinos and their nationals in the social security Benefits under SS Program:  He may continue to pay the total contributions to maintain his right to
coverage of either country 1. Sickness full benefit
2. Maternity
 Filipinos recruited by a foreign-based employer abroad or legitimately
3. Retirement
entered the foreign country Funeral Benefits
4. Disability
 Persons who have not yet been an SSS member who is married to a 5. Death 
currently employed actively paying SSS member and who devotes his 6. Funeral
7. Unemployment
time fully in the management of his household and family affairs.  Cash benefit is given to whoever paid for the burial expenses of the
Sickness Benefits: deceased member.
Who are self-employed members? Death of covered member; permanently totally disabled employee; retiree: A funeral
1. Self-employed professionals licensed by the PRC or Lawyers  Daily cash allowance paid for the number of days a member is unable to grant of 2000 shall be paid to help defray the cost of funeral expenses
2. Partners and single proprietors of businesses work due to sickness or injury
3. Actors and actresses, directors, scriptwriters and news correspondents Employee who has paid at least 3 monthly contributions in the 12th month period Death Benefits
(do not fall under the term employee in Section 8) preceding the semester of sickness; confined more than 3 days in a hospital:
4. Professional athletes, coaches, trainers licensed by the PAGCOR as well
as jockeys and trainers licensed by the Philippine Racing Commission  Compensable confinement or fraction thereof

Who are not covered by this Act?

 To be paid by his employer or the SSS  Cash benefit granted either as monthly pension or a lump sum amount to
1. Purely casual employees  If unemployed: an allowance equivalent to 90% of his average daily the beneficiaries of a deceased member
2. Employees serving on an alien vessels outside the Philippines salary credit Death of primary beneficiary/ies of the deceased member who has paid at least 26
3. Employees of the PH Government or any instrumentalities and agencies monthly contributions prior to the semester of death.
4. Employees of foreign government, IO, and their wholly owned Maternity Benefits
instrumentalities GOVERNMENT SERVICE INSURANCE SYSTEM LAW (REPUBLIC ACT
5. Temporary employees, if excluded by SSC regulation  Daily cash allowance granted to a female member who is unable to work 8291) AMENDED PD NO. 1146
due to childbirth or miscarriage/emergency termination of pregnancy
Who are the legal dependents of members? Covered female employees have paid at least 3 monthly maternity contribution in 12 GSIS members are entitled to an array of social security benefits, such as life
month period preceding the semester of childbirth, abortion, or miscarriage; currently insurance benefits, separation or retirement benefits, and disability benefits.
 Legitimate parents employed:
 Wholly dependent upon the covered employee for regular  Daily maternity benefit equivalent to 100% of her present basic salary,
GSIS is also the administrator of the General Insurance Fund by virtue of RA 656
support (Property Insurance Law). It provides insurance coverage to government assets and
allowances, and other benefits for 60 days properties that have government insurable interests.
 Legitimate spouse
Retirement Benefits Coverage and exclusions
 Dependent for support upon the employee
 Cash benefit paid either in monthly pension or as lump sum to a member
 Legitimate, legitimated or legally adopted child who can no longer work due to old age The GSIS covers all government workers except:

 who is unmarried
Employee have paid at least 100 12 monthly contributions prior to the semester of the  Members of the Judiciary and Constitutional Commissions who are
retirement; 60 years old and is not receiving monthly compensation of at least 300; covered by separate retirement laws;
 Not gainfully employed and, 65 years old is entitled to monthly pension:
 The following members are covered under this program: In case of death, disability and old age, the periods of creditable services or
 Contractual employees who have no employee-employer relationship
contributions to the SSS and GSIS shall be added to entitle retirees to receive the
with their agencies; benefits under either PD 1146 or RA 8291.
 Uniformed members of the Armed Forces of the Philippines and the
Philippine National Police, including the Bureau of Jail Management  Those who entered the service starting August 1, 2003; If qualified under RA 8291, all the benefits shall apply EXCEPT the cash payment.
and Penology and the Bureau of Fire Protection. The Portability Law provides that only benefits common to both Systems (GSIS and
 Those whose policies matured on or after July 31, 2003, and who will SSS) shall be paid. Cash payment is NOT included in the benefits provided by the
Does not include: Barangay and Sanggunian officials who are not receiving fixed continue to be active members after the maturity date; and SSS.
monthly compensation (Source RIRR)  Those who opted or will opt to convert their LEP into ELP. Separation Benefits
Does not include: Employees who do not have monthly regular hours of work and are Retirement under RA 8291
not receiving fixed monthly compensation (RIRR) The Separation benefit is given to employees who have not reached the retirement age
of 60 but have been separated from the service. The benefit can either be in the form
Retirement under RA 8291  may be availed by those who have rendered at least 15 of cash payment or both cash payment and pension.
Dependents and Beneficiaries years of service in government and must be at least 60 years of age upon retirement. 
Also, they must not be permanent total disability pensioners. Eligibility and Benefits
The primary beneficiaries shall be the following:
1. The legitimate spouse, until he/she re-marries, or co-habits/engages in The last three years of service  need not  be continuous under RA 8291.
common-law relationship; and
2. The dependent legitimate, legally adopted or legitimated children,  Retirement Packages 1. If the member has been in the service for at least three years but less
including illegitimate children, who have not reached the age of
than 15 years, and below 60 years of age:
majority, or, have reached the age of majority but incapacitated and Option 1: 5-Year Lump Sum and Old Age Pension
incapable of self-support due to a mental or physical defect acquired
Cash payment equivalent to 100% of the Average Monthly Compensation (average
prior to age of majority. Under this option, retirees can get their five-year pension in advance. The lump sum is salary in the last three years) for every year of service payable upon reaching age 60.
equivalent to 60 months of the Basic Monthly Pension (BMP) payable at the time of
The secondary beneficiaries shall be the dependent parents and, subject to the retirement. After five years, retirees will start receiving their monthly pension.
restrictions on dependent children, the legitimate descendants.
Option 2: Cash payment and Basic Monthly 0. If the member has been in the service for at least 15 years and is below
In the absence of primary and secondary beneficiaries, the legal heirs, as defined 60 years of age:
under the Rules on Succession, New Civil Code of the Philippines, shall receive the In option 2, retirees will receive a Cash Payment equivalent to 18 times the Basic
applicable cash benefit depending on the eligibility of the deceased member or Monthly Pension (BMP) payable upon retirement and then a monthly pension for life, Cash payment equivalent to 18 times the Basic Monthly Pension (BMP) payable upon
pensioner. payable immediately after retirement date. separation and monthly pension for life starting at age 60.
The cap on the amount of basic survivorship pension is fifty percent (50%) of the BMP is computed as follows: BMP= (.025) x (AMC +700) x Period with Paid Premiums
current Step 8Â salary of an Undersecretary, pursuant to the Salary Standardization
Law and its amendments. Unemployment Benefits
The unemployment benefit is paid when permanent government employees who have
Disqualification from Survivorship: 0. If period with paid premiums is less than 15 years: paid the required 12 months integrated contributions under RA 8291 are  involuntarily
 The payment of survivorship pension to the surviving dependent spouse separated from the service as a result of the abolition of their office or position usually
shall be discontinued when he/she re-marries or cohabits/engages in BMP = .375 x RAMC (Revalued Average Monthly Compensation) resulting from reorganization. The benefit is in the form of monthly cash payments
common-law relationship. equivalent to 50% of the average monthly compensation (AMC). The duration of the
benefit depends on the length of service and ranges from two months to a maximum
 On the other hand, the dependent children shall be disqualified from of six months.
receiving the survivorship pension once he/she reaches the age of B. If period with paid premiums is 15 years and more:
majority. The unemployment benefit shall be paid in accordance with the following schedule:
BMP = .375 x RAMC BMP = .025 x RAMC x Period with Paid Premiums
Benefits:
1. Life Insurance BMP, however, shall NOT exceed 90% of the Average Monthly Compensation.
2. Retirement 1. If the contributions have been made for a period of one year but less
3. Separation RAMC stands for Revalued Average Monthly Compensation and is computed as than three years, the benefit duration is for two months;
4. Unemployment follows : 2. If the contributions have been made for a period of three or more years
5. Disability but less than six years, the benefit duration is for three months;
6. Survivorship RAMC=Php700 + AMC (Average Monthly Compensation) 3. If the contributions have been made for a period of six years or more but
7. Funeral less than nine years, the benefit duration is for four months;
8. Employees Compensation AMC=Total Monthly Compensation received during the last 36 months of service 4. If the contributions have been made for a period of nine years or more
divided by 36 but less than 11 years, the benefit duration is for five months; and
Life Insurance 5. If the contributions have been made for a period of 11 years or more but
Retirement under RA 7699 less than 15 years, the benefit duration is for six months.
All members of GSIS have compulsory life insurance coverage classified into two
types: Under RA 7699, otherwise known as the Portability Law, government retirees who do Disability
not meet the required number of years provided under PD 1146 and RA 8291 may still
avail themselves of retirement and other benefits. Kinds of Disability (GSIS)
0. Permanent Total Disability,
1. Life Endowment Policy (LEP). GSIS started with the LEP program. Under this law, retirees may combine their years of service in the private sector A. Permanent Partial Disability, and
Designed to provide members with life insurance coverage while still in represented by contributions to the Social Security System (SSS) with their B. Temporary Total Disability
active service, LEP provides maturity benefits to policy holders upon government service and contributions to the GSIS to satisfy the required years of
reaching the maturity of their policy. service under PD 1146 and RA 8291. Permanent Total Disability (PTD) – disability due to injury or disease causing
2. Enhanced Life Policy (ELP). ELP took effect on August 1, 2003. It complete, irreversible and permanent incapacity that will permanently disable a
provides an automatic yearly insurance coverage to new members of However, if retirees have already satisfied the required years of service under the member to work or to engage in any gainful occupation resulting to loss of income.
GSIS based on their monthly compensation. ELP is designed to provide GSIS retirement option they have chosen, they would not be allowed to incorporate The following disabilities are deemed total and permanent.
an enhanced death benefit for the family of the deceased member. their  contributions to the SSS anymore for availment of additional benefits.
Elligibilities:
 The period of entitlement to TTD benefit is determined after due medical evaluation Employees’ Compensation
 In the service at the time of disability; or
and proof of actual loss of work resulting in loss of income by way of the incurred
 If separated from the service, have paid at least 36 months contributions actual number of days of leave of absence/s without pay duly certified by the The employees’ compensation benefit (or disability benefit) is a compensation
within the five year period immediately preceding the disability; or have authorized officer of the agency where members are employed; but such period of package for public and private sector employees and their dependents in the event of
paid a total of at least 180 months contributions prior to the disability; entitlement to the benefit should not exceed 120 days in one calendar year. work-related injury, sickness, disability or death.
Provided that:
However, if the disability requires more extensive treatment that lasts beyond 120 EC is a purely employer-based contribution benefit. Thus, employees do not
 Gainfully employed prior to the commencement of disability resulting in days, the payment of TTD may be extended by GSIS but not to exceed a total of 240 contribute any amount to the program. GSIS administers the employees compensation
loss of income; days. Only the leave of absence/s without pay incurred during the period of (EC) fund as provided for under  Presidential Decree No. 626.
 Not a registered member of any social insurance institution; and entitlement is compensable.
Elligibilities
 Not receiving any other pension either from GSIS or another local or Entitlement, however, starts from the fourth day of the disability. The amount of TTD 1. Injury must be the result of accident arising out of and in the course of
foreign institution or organization benefit is computed by multiplying 75% of the daily salary of members by the number employment
of days of disability based on the medical evaluation but not to exceed 240 days for 2. Sickness must be listed /considered an “occupational disease”; or even if
Members who become permanently and totally disabled are entitled to the monthly the same contingency. However, the computed daily salary shall not be less than not listed as one,   it must be shown that the risk of contracting the
income benefits for life equivalent to the basic monthly pension (BMP) effective from Php70.00 but not to exceed Php340.00 per day. sickness is increased by the working  conditions
the date of disability.  In addition to the monthly income benefits for life, a cash 3. Disability/Death is caused by work-connected injury or sickness
payment equivalent to 18 times the basic monthly pension (BMP), will be paid to Survivorship Benefits
members who were in the service at the time of the permanent total disability and who ANTI-SEXUAL HARASSMENT ACT (RA 7877) AND THE SAFE SPACES
have paid a total of 180 monthly contributions. The new basic survivorship pension (BSP) payable to the surviving spouse is ACT (RA 11313)
equivalent to 50% of the basic minimum pension received by the deceased member or
Separated members who have at least three years of service and become permanently pensioner. However, the maximum limit for survivorship pension should not exceed ANTI-SEXUAL HARASSMENT (RA 7877)
and totally disabled but have not paid a total of at least 180 monthly contributions Step 8 of the current salary of an undersecretary under the Salary Standardization
prior to the disability are entitled only to cash payment equivalent to 100% of   their Law. Work, Education, or Training Related Sexual Harassment is:
average monthly compensation for each year of service with paid contributions but not 1. Commited by an employer, employee, manager, supervisor, agent of the
less than twelve thousand pesos (Php12,000.00). The dependent’s pension for the children of the deceased member is equivalent to employer, teacher, instructor, professor, coach, trainer, or any other
10% of the basic minimum pension payable until the age of majority. Payment of BSP person
Permanent Partial Disability (PPD) – arises due to the complete and permanent loss to the dependent spouse shall be discontinued in case the latter remarries, cohabits or 2. Who, having authority, influence or morral ascendancy over another in a
of the use of any of the following resulting to the disability to work for a limited engages in a common-law relationship. work or training or education environment
period of time. 3. Demands, requests or otherwise requires any sexual favor from the
When members or pensioners die,  their beneficiaries are entitled to cash and/or other, regardless of whether the demand, request or requirement for
Eligibility: pension benefits, subject to the existing rules and regulations on survivorship and submission is accepted by the object of said act.
policies on the maximum amount of survivorship pension.
 In the service at the time of disability; or ***It is not necessary that the demand, request, or requirement of a sexual favor be
 If separated from the service, have paid at least 36 months contributions Coverage: articulated in a categorical oral or written statement.
within the five year period immediately preceding the disability; or have
How is Sexual Harassment committed?
paid a total of at least 180 months contributions prior to the disability.
Work-related or employment:
1. All primary and secondary beneficiaries residing in the Philippines or
The period of entitlement to PPD benefit is determined after due medical evaluation; abroad who are existing survivorship pensioners or claiming for 1. The sexual favor is made as a condition in the hiring or in the
but such period of entitlement to the benefit will not exceed 12 months for the same survivorship benefit;
contingency. Only the leave of absence/s without pay incurred during the period of employment, re-employment or continue employment of said individual,
2. Those who were receiving survivorship benefits but were suspended or in granting said individual favorable compensation, terms of
entitlement, duly certified by the authorized officer of the agency where members are when the policy on the same was amended and implemented in August
employed,  is compensable. conditions, promotions, or privileges
2009; and
2. The refusal to grant the sexual favor results in limiting, segregating, or
3. Those who applied for survivorship benefits but were disapproved due
The amount of PPD benefit is  computed by dividing the BMP by 30 days and to the issuance/approval of Management Implementing Guidelines classifying the employee which in any way would discriminate, deprive,
multiplying the quotient by the number of compensable calendar days of leave of (MIG) 01-2009 dated October 22, 2009 that took effect as early as or diminish employment opportunities or otherwise adversely affect said
absence without pay (LWOP). August 2009, and MIG 04-2010 dated April 26, 2010. employee
3. The above acts would impair the employee’s rights or privileges under
Temporary Total Disability (TTD) – accrues or arises when the impaired physical Funeral Benefits existing labor laws
and/or mental faculties can be rehabilitated and/or restored to their normal functions, 4. The above acts would result in an intimidating, hostile, or offensive
but such disability will result in temporary incapacity to work or to engage in any GSIS provides a Php30,000 funeral benefit  to the following: environment for the employee.
gainful occupation.
An active member; In Education or Training Environment:
Eligibility: 1. A member who has been separated from the service but who is entitled
to future separation or retirement benefit;
In the service at the time of disability; or 2. An member who is an old age pensioner;
If separated from the service, have paid at least 36 months contributions within the 3. A retiree who at the time of his retirement was of pensionable age under
five year  period immediately preceding the disability; or have paid a total of at least 1. Against one who is under the care, custody or supervision of the
RA 8291 but who opted to retire under RA 1616; and
180 months contributions prior to the  disability; offender
4. A member who retired under RA 1616 prior to the effectivity of RA
2. Against one whose education, training, apprenticeship or tutorship is
8291 with at least 20 years of service, regardless of age.
However: entrusted to the offender
3. When the sexual favor is made a condition to the giving of passing
 Gainfully employed prior to the commencement of disability resulting in The benefit is payable to the members of the family of the deceased, according to the
grade, or the granting of honors and scholarships, or the payment of a
loss of income; following priorities:
stipend, allowance, or other benefits, privileges, or consideration
 Not a registered member of any social insurance institution; and 4. When the sexual advances result in an intimidating hostile or offensive
 Not receiving any other pension either from GSIS or another local or 1. Legitimate spouse
environment for the student, trainee, or apprentice
foreign institution or organization. 2. Legitimate child who spent for the funeral services, or Mandate of RA 7877
3. any other person who can show unquestionable proof of his having
Benefit: borne the funeral expenses of the deceased.
 - The employer must provide the procedures for the resolution, settlement, - Cursing, wolf-whistling, catcalling, leering and intrusive gazing, - Administrative penalties as provided for by the employer’s Committee
or prosecution of acts of sexual harassment taunting, unwanted invitations, misogynistic, transphobic, and sexist on Decorum and Investigation, and without prejudice to other applicable
- Creation of a committee on decorum and investigation of cases on slurs criminal violations and penalties.
sexual harassment - persistent unwanted comments on one’s appearance
- Work-related: the committee shall be composed of at least 1 - relentless requests for one’s personal details such as name, contact and Failure of employees or school heads to implement their duties under the Safe Spaces
representative each from the management, the union, if any, the social media details or destination Act
employees from the supervisory rank, and from the rank and file - the use of words, gestures, or actions that ridicule on the basis of sex,
employees. gender or sexual orientation, identity and/or expression including sexist, Penalty:
- Education or training: at least 1 representative from the administration, homophobic, and transphobic statements and slurs
the trainors, instructors, professors, or coaches and students or trainees, - the persistent telling of sexual jokes, use of sexual names, comments, - Fine of 5,000 to 10,000
as the case may be and demands, and
- any statement that has made an invasion on a person’s personal space or Failure of employees or school heads to take action on reported acts of gender-based
Penalty: threatens the person’s sense of personal safety. sexual harassment committed in the workplace or in the educational institution

- Guilty: Imprisonment of not less than 1 month nor more than 6 months Penalty: - Fine of 10,000 to 15,000
- Fine not less than 10,000 nor more than 20,000
1st offense: 1,000 and 12 hours of community service inclusive of attendance to a ***LGUs are mandated to pass ordinances localizing the applicability of the Safe
Civil Liability: Gender Sensitivity Seminar Space Act

- Damages resulting from sexual harassment may be separately and 2nd offense: arresto menor (Fine: 3,000) - With regard to online cases, the task falls on the Anti-Cybercrime Group
independently instituted of the PNP (PNPACG)
- Employer or head of office, educational or training institution shall be 3rd offense: arresto menor (Fine: 10,000) - MMDA, PNP, and the WCPD of the PNP have been given the task of
solidarily liable for damages arising from the acts of sexual harassment apprehending violators of the law
committed in the employment, education, or training environment if the Gender-based Sexual Harassment in Streets and Public Spaces:
employer or head of office, educational or training institution is Expanded Coverage
informed of such acts by the offended party and no immediate action is - Making offensive body gestures at someone, exposing private parts for
taken. the sexual gratification of the perpetrator with the effect of demeaning, - Acts committed between peers, by a subordinate to a superior officer, by
harassing, threatening, or intimidating the offended party including a student to a teacher, or by a trainee to a trainer are now covered as
Safe Spaces Act (RA 11313) flashing of private parts, public masturbation, groping, and similar lewd punishable sexual harassment.
sexual actions.
- Addresses gender-based sexual harassment in public areas such as THE SENIOR CITIZENS ACT REPUBLIC ACT NO. 7432
streets, privately-owned places open to public, and public utility Penalty:
vehicles, among others. Senior Citizens:
- Extend the protection to cyberspace and provide for prohibited acts and 1st offense: 10,000 and 12 hours of community service inclusive of attendance to a
their corresponding penalties Gender Sensitivity Seminar - Refers to any Filipino who is a resident of the Philippines, and who is,
60 years old and above
Section 2. Declaration of Policies: 2 offense: arresto menor (Fine: 15,000)
nd
- It may apply to senior citizens with “dual citizenship” status provided
that they prove their Filipino Citizenship and have at least 6 months
- Women must have equality, security, and safety everywhere, including 3 offense: arresto mayor (Fine: 20,000)
rd
residency in the Philippines
the streets, public spaces, online, and most especially educational and
training instutions. Gender-based Sexual Harassment in Streets and Public Spaces: Declaration of Policies and Objectives:

Article I-V. Sexual Harassment in Different Spaces - Stalking, any of the acts mentioned above when accompanied by Constitutional Provisions
touching, pinching or brushing against the body of the offended person
- Whether it is in the workplace, school, public areas, and virtual/online - Any touching, pinching, or brushing against the genitalia, face, arms, - It is the duty of the family to take care of its elderly members while
platforms, everyone is entitled to safe spaces. anus, groin, breasts, inner things, buttocks, or any part of the victim’s State may design programs of social security for them
- These spaces must be free from unwanted sexual advances of any kind body even when not accompanied by acts mentioned above. - The State shall provide social justice in all phases of national
whether be done verbally, physically, or with the use of technology. development
- This includes catcalling, sharing unsolicited photos, demanding for Penalty: - The State shall adopt an integrated and comprehensive approach to
sexual favors, and the like. health development which shall endeavor to make essential goods,
1 offense: arresto menor (Fine: 30,000) includes community service inclusive of
st
health, and other social services available to all the people at affordable
Section 28. Remedies and Psychological Counseling attendance to a Gender Sensitivity Seminar cost
- There shall be priority for the needs of the underprivileged, sick, elderly,
- Victims may avail appropriate remedies provided for under the law as 2nd offense: arresto mayor (Fine: 50,000) disabled women and children
well as psychological counseling services with the aid of the LGU and
the DSWD, in coordination with the DOH and the PCW. 3rd offense: arresto mayor (Fine: 100,000) Declared Policies:
- Fees charged for the victims’ availment shall be shouldered by the
perpetrators. Gender-based Online Sexual Harassment - To motivate and encourage the senior citizens to contribute to nation
building
Section 33. Educational Modules and Awareness Campaigns Penalty: - To encourage their families and communities they live with to reaffirm
the valued Filipino tradition of caring for the senior citizens.
- All schools, from elementary to tertiary, should provide proper - Prision correccional (Fine: 100,000 to 500,000)
education to their students about the Safe Spaces Act and how they can These act aims to:
act on all forms of gender-based harassment committed against them. Gender-based Sexual Harassment in the workplace and educational or training
institutions 1. Establish mechanism whereby the contribution of the senior citizen are
Gender-based Sexual Harassment in Streets and Public Spaces: maximized
Penalty:
 2. Adopt measures whereby our senior citizens are assisted and appreciated - Maintain the right to pursue any employment that they are qualified for o Excluding PWD from membership in labor unions or
by the community as a whole - Equal opportunity and same terms and conditions similar organization
3. Establish a program beneficial to the senior citizens, their families and - No disable person shall be denied access to opportunities for suitable o Disabled may be subjected to medical examination:
the rest of the community that they serve. employment. A qualified disabled employee shall be subject to the same  All entering employees are subjected to such
terms and conditions of employment and the same compensation, an examination regardless of disability
Privileges for the Senior Citizens: privileges, benefits, fringe benefits, incentives or allowances as qualified  Information obtained during the medical
able persons. condition or history of the applicant is
a. 20% discount from all establishment relative to utilization of - Same access to quality education collected and maintained on separate forms
transportation services, hotels, and similar lodging establishment, - Support a complete special education system in all schools across the and files and treated as confidential
restaurants and recreation centers and purchase of medicines anywhere nation
in the country - Must not be denied to admission to a learning institution by reason of Discrimination on the Use of Public Accommodation
b. 20% discount on admission fees charged by theaters, cinema houses and handicap or disability
concert halls, circuses, carnivals, and other similar places of culture, - Establish and pursue a nationwide program (health) - No PWD shall be discriminated on the basis of disability in the full and
leisure, and amusement - Prevention, recognition, early diagnosis, and early rehabilitation of equal enjoyment of the goods, services, facilities, privileges, advantages
c. Exemption from the payment of individual income taxes; provide that disability or accommodations of any place of public accommodation by any
their annual taxable income does not exceed the poverty level - DOH shall institute a national health program which shall: person who owns, leases, or operates a place of public accommodation
d. Exemption from training fees for socioeconomic programs undertaken o Prevent disability, whether occurring prenatally or - Acts of discrimination:
by the OSCA as part of its work postnatally o Denying a disabled person
e. Free medical and dental services in government establishment subject to o Recognition and early diagnosis of disability o Affording a disabled person
DOH and SSS guidelines o Early rehabilitation of the disabled o Providing a disabled person
f. To extent practicable and feasible, the continuance of the same benefits - Ensure that all PWDs will have access to auxiliary social services; like
and privileges given by the GSIS, SSS, Pag-IBIG social enhancement, day care and family care services. Restore their Discrimination on Transportation
function and participation in community affairs
Assistance for those caring and lving with the SC: - State shall ensure that marginalized persons are provided with the - Considered discrimination for the franchisees or operators and personnel
necessary auxiliary services that will restore their social functioning and of sea, land, and air transportation facilities to charge higher fare or to
a. SCs shall be treated as dependents; hence, individual taxpayers caring participation in community affairs refuse to convey a passenger, his orthopedic devices, personal effects,
for them will be accorded privileges granted by the Tax Code - Various means of information dissemination will provide sign language and merchandise by reason of his disability
b. Individuals or non-governmental institutions establishing homes, - Ensure that all differently-abled citizens have access the same
residential communities or retirement villages solely for the SC shall be information at the same time as the rest of the nation Discrimination on the use of public accommodations and services
accorded the following: - All public and private spaces, including modes of transportation, follow
a. Realty tax holiday for 5 years and maintain accessibility provisions to ensure barrier-free environment Public Accommodations and Services:
b. Priority in the building and/or maintenance of roads (BP 344)
leading to the home, residential community or retirement - Ensures that all PWDs shall maintain the right to vote and assemble a. An inn, hotel, motel, or other place of lodging, except for an
village - Allowed to be assisted by a person of his choice in voting in the national establishment located within a building that contains not more than 5
or local elections. The person thus chosen shall prepare the ballot for the rooms for rent or hire and that is actually occupied by the proprietor of
Retirement Benefits disabled voter inside the voting booth. such establishment as the residence of such proprietor
b. A restaurant, bar, or other establishment serving food or drink
- To the extent practicable and feasible retirement benefits from both the Prohibition on Discrimination Against Disabled Persons c. A motion picture, theatre, concert hall, stadium, or other place of
Government and the private sectors shall be upgraded to be at par with exhibition or entertainment
the current scale enjoyed by those in actual sevice Discrimination on Employment: d. An auditorium, convention center, lecture hall, or other place of public
gathering
MAGNA CARTA OF DISABLED PERSONS – REPUBLIC ACT 7277 - Shall not discriminate against a qualified PWD by reason of disability in e. A bakery, grocery store, hardware store, shopping center, or other sales
regard to job application procedures, the hiring, promotion, or discharge or rental establishment
Person with Disability: of employees, employee compensation, job training, and other terms, f. A bank, barbershop, beauty shop, travel service, funeral parlor, gas
conditions, and privileges of employment station, office of a lawyer, pharmacy, insurance office, professional
- Are those who have a long term physical, mental, intellectual or sensory o Limiting, segregating or classifying a disabled job office of a health care provider, hospital or other service establishment
impairments which in interaction with various barriers may hinder their applicant in such a manner that adversely affects his work g. A terminal, depot, or other station used for specified public
full and effective participation in society on an equal basis with others opportunities transportation
o Using qualification standards, employment tests or other h. A museum gallery, library or other place of public display or collection
Basic Principles: i. A park, zoo, amusement park, or other place of recreation
selection criteria that screen out PWDs unless such are
shown to be job related and consistent with business j. A nursery, elementary, secondary, undergraduate, or post-graduate
- Full support to improvement of the total well-being of disabled persons private school, or other place of education
necessity
and their integration into the mainstream of society k. A gymnasium, health spa, bowling alley, golf course, or
o Utilizing standards, criteria, or methods that have the
- State shall adopt policies ensuring the rehabilitation, self-development l. Other place of exercise or recreation
effect of discrimination on the PWD or perpetuate the
and self-reliance of PWDs to develop their skills and potentials to enable
discrimination of others who are subject to common
them to compete favorably for available opportunities Final Provisions
administrative control.
- To live freely and as independently as possible
o Providing less compensation by reason of his disability
- Rehabilitation of PWDs shall be the concern of the government - Housing Programs
o Favoring a non-PWD over a qualified PWD
- That state shall recognize the role of the private sector in promoting the - Establishment of organizations of PWDs
welfare of PWDs and shall encourage partnership in programs that o Re-assigning or transferring a disabled employee to a job
or position he cannot perform by reason of his disability - NGOs or private volunteers dedicated to the purpose of promoting and
addresses PWDs’ needs and concerns enhancing the welfare of PWDs
o Dismissing or terminating the services of a disabled
- Tax incentives
Rights and Privileges of PWDs employee by reason of his disability
o Failing to select or administer in the effective manner
Penalty:
- Rights to access and opportunities in pursuit of equality employment tests which accurately reflect the skills,
- Enjoy equal opportunities in workplace aptitude or other factor of the disabled applicant
a. Any person who violated any provision:
 a. 1st – 50k to 100k or imprisonment of 6 months to 2 years d. Treating a woman and her child as a sex object own money or properties or solely controlling the conjugal
b. 2nd – 100k to 200k or imprisonment of 2 years to 6 years e. Making demeaning and sexually suggestive remarks or common money or properties
b. Any person who abuses the privileges: f. Physically attacking the sexual parts of the victim’s body f. Inflicting or threatening to inflict physical harm
a. Imprisonment of 6 months or fine of 5k to 50k g. Forcing a woman or her child to watch obscene publications g. Causing or attempting to cause the woman or her child to engage in any
c. If the violator is a corporation, organization or any similar entity, the h. Forcing the woman or her child to do indecent acts and/or make films sexual activity which does not constitute rape
officials thereof directly involved shall be liable therefor i. Forcing the wife and mistress/lover to live in the conjugal home or sleep h. Engaging in purposely, knowing, or reckless conduct, personal or
d. If the violator is an alien or foreigner, he shall be deported immediately together in the same room with the abuser through another, that alarms or cause substantial emotional or
after service of sentence without further deportation proceedings j. Causing or attempting to cause the victim to engage in any sexual psychological distress to the woman or her child.
activity by force, threat of force, physical or other harm or threat of a. Stalking
Anti-Violence Against Women and Their Children Act (R.A. 9262) physical or other harm or coercion b. Peeing in the window or lingering outside the residence
k. Prostituting the woman or her child c. Entering or remaining in the dwelling against the victim’s
- Penalizes as a public crime certain acts of violence against women and will
their children Psychological Violence: d. Destroying the property and personal belongings or
inflicting harm to animals or pets
What is “violence against women and their children”? a. Intimidation i. Causing mental or emotional anguish
b. Harassment
- VAWC is any act or a series of acts committed against the victim which c. Stalking Battery:
result in or is likely to result in physical, sexual, psychological harm or d. Damage to property
suffering, or economical abuse including threats of such acts, battery, e. Public ridicule or humiliation - Refers to an act of inflicting physical harm upon the woman or her child
assault, coercion, harassment or arbitrary deprivation of liberty. f. Repeated verbal abuse resulting to physical and psychological or emotional distress
g. Marital infidelity
Woman protected under this law: h. Causing or allowing the victim to witness the physical, sexual or Stalking:
psychological abuse of a member of the family to which the victim
a. Wife belongs - An intentional act committed by a person who, knowingly and without
b. Former wife i. Causing or allowing the victim to witness pornography in any form lawful justification, follows the woman or her child, or places the
c. A woman with whom the offender has or had a sexual or dating j. Causing or allowing the victim to witness abusive injury to pets woman or her child under surveillance directly or indirectly or a
relationship k. Unlawful or unwanted deprivation of the right to custody and/or combination thereof
d. A woman with whom the offender has a common child visitation of common children
Dating relationship:
Children protected under the law: Economic Abuse
- A situation wherein the parties live as husband and wife without the
- The abused woman’s children, boy or girl alike, below 18 years old, a. Withdrawal of financial support or preventing the victim from engaging benefit of marriage or are romantically involved overtime and on a
whether legitimate or illegitimate, or other children who live with the in any legitimate profession, occupation, business or activity, except in continuing basis during the course of the relationship. A casual
woman or are under her care cases wherein the other spouse/partner objects on valid, serious, and acquaintance or ordinary socialization between 2 individuals in a
moral grounds business or social context is not dating relationship.
Offender: b. Deprivation or threat of deprivation of financial resources and the rights
to the use and enjoyment of the conjugal, community or property owned Sexual relations:
a. Husband in common
b. Former husband c. Destroying household property - Single sexual act which may or may not result in the bearing of a
c. Boyfriend d. Controlling the victim’s own money or properties or solely controlling common child
d. Ex-boyfriend the conjugal money or properties
e. Live-in partner or ex-partner Venue:
f. One with whom the woman has a common child Crime of VAWC:
g. One with whom the woman has/had sexual or dating relationship - The Regional Trial Court designated as a Family Court shall have
a. Causing physical harm to the woman and her child original and exclusive jurisdiction over cases of violence against women
Can a woman be held liable for committing violation of RA 9262? b. Threatening to cause the woman and her child physical harm and their children under this law. In the absence of such court in the
c. Attempting to cause the woman and her child physical harm place where the offense was committed, the case shall be filed in the
Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can also be held liable d. Placing the woman or her child in fear of imminent physical harm Regional Trial Court where the crime or any of its elements was
for committing act or a series of acts against another woman with whom the lesbian e. Attempting to compel or compelling the woman or her child to engage committed at the option of the compliant.
has or had a sexual or dating relationship in conduct which the woman or her child has the right to desist from or
to desist from conduct which the woman or her child has the right to Remedies:
Forms of VAWC engaged in or attempting to restrict or restricting the woman’s or her
child’s freedom of movement or conduct by force or threat of force, Battered Woman Syndrome as a Defense. –
1. Physical violence – refers to acts that include bodily or physical harm physical or other harm or threat of physical or other harm, or
2. Sexual violence – refers to act which us sexual in nature, committed intimidation directed against the woman or her child. This shall include, Victim-survivors who are found by the courts to be suffering from battered woman
against a woman or her child but not limited to, the following acts committed for the purpose or effect syndrome do not incur any criminal and civil liability notwithstanding the absence of
3. Psychological violence – refers to acts or omissions causing or likely to of controlling or restricting the woman’s or her child’s movement or any of the elements for justifying circumstances of self-defense under the Revised
cause mental or emotional suffering of the victim conduct: Penal Code.
4. Economic abuse – refers to acts that make or attempt to make a woman a. Threatening to deprive or actually depriving the woman of
financially dependent her child of custody or access to her/his family In the determination of the state of mind of the woman who was suffering from
b. Depriving or threatening of financial support or battered woman syndrome at the time of the commission of the crime, the courts shall
Sexual violence: deliberately providing insufficient financial support be assisted by expert psychiatrists/psychologists.
c. Depriving or threatening of a legal right
a. Rape d. Preventing the woman in engaging in any legitimate Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any
b. Sexual harassment profession, business or activity or controlling the victim’s other mind-altering substance shall not be a defense under the Act.
c. Acts of lasciviousness
Custody of Children. – The woman shall be entitled to the custody and support of - institute policies to eliminate trafficking in persons especially women Slavery refers to the status or condition of a person over whom any or all of the
her child/children. Children below seven (7) years old or older but with mental or and children. It establishes the necessary institutional mechanisms to powers attaching to the right of ownership are exercised.
physical disabilities shall automatically be given to the mother, with right to support, protect and support trafficked persons, and provides penalties for its
unless the court finds compelling reasons to order otherwise. violations. In 2012, the R.A. 9208 was amended through the R.A. 10364 Acts of Trafficking Persons:
also known as the Expanded Anti-Trafficking in Persons Act.
A victim-survivor who is suffering from Battered Woman Syndrome shall not be - To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
disqualified from having custody of her children. In no case shall custody of minor Trafficking in Person: harbor, or receive a person by any means, including those done under
children be given to the perpetrator of violence against a woman who is suffering from the pretext of domestic or overseas employment or training or
Battered Woman Syndrome. Trafficking in persons is an illegal act and is considered a violation of human rights apprenticeship, for the purpose of prostitution, pornography, or sexual
and inimical to human dignity and national development. exploitation;
Damages. – Any victim-survivor of violence under the Act shall be entitled to actual, - To introduce or match for money, profit, or material, economic or other
compensatory, moral and exemplary damages. There are three (3) inter-related and interdependent elements that must be present for a consideration, any person or, as provided for under Republic Act No.
situation to be considered within the purview of R.A. 9208 as amended by RA 10364. 6955, any Filipino woman to a foreign national, for marriage for the
The civil action for damages is deemed instituted with the criminal action, unless an The three (3) elements are: purpose of acquiring, buying, offering, selling or trading him/her to
independent civil action for damages is filed. engage in prostitution, pornography, sexual exploitation, forced labor,
- Acts slavery, involuntary servitude or debt bondage;
Hold Departure Order. – The counsel for the victim-survivor or applicant may - Means - To offer or contract marriage, real or simulated, for the purpose of
request the court for a Hold Departure Order in the application or petition for - Purpose acquiring, buying, offering, selling, or trading them to engage in
protection order. The court shall expedite the process of issuance of a hold departure prostitution, pornography, sexual exploitation, forced labor or slavery,
order in cases prosecuted under the Act. Acts - It involves the recruitment, obtaining, hiring, providing, offering, involuntary servitude or debt bondage;
transportation, transfer, maintaining, harboring, or receipt of persons, with or without - To undertake or organize tours and travel plans consisting of tourism
Exemption from Payment of Docket Fee and Other Expenses. – If the victim- the victim’s consent or knowledge, within or across national borders; packages or activities for the purpose of utilizing and offering persons
survivor is an indigent or there is an immediate necessity due to imminent danger or for prostitution, pornography or sexual exploitation;
threat of danger to act on an application for a protection order, the court shall accept Means - It is committed by use of threat, or of force, or other forms of coercion, - To maintain or hire a person to engage in prostitution or pornography;
the application without payment of the filing fee and other fees and of transcript of abduction, fraud, deception, abuse of power or of position, taking advantage of the - To adopt persons by any form of consideration for exploitative purposes
stenographic notes. vulnerability of the person, or, the giving or receiving of payments or benefits to or to facilitate the same for purposes of prostitution, pornography,
achieve the consent of a person having control over another person; and sexual exploitation, forced labor, slavery, involuntary servitude or debt
Leave: bondage;
Purpose - It is done for the purpose of exploitation or the prostitution of others or - To adopt or facilitate the adoption of persons for the purpose of
Entitlement to Leave. - Victims under this Act shall be entitled to take a paid leave of other forms of sexual exploitation, forced labor or services, slavery, involuntary prostitution, pornography, sexual exploitation, forced labor, slavery,
absence up to ten (10) days in addition to other paid leaves under the Labor Code and servitude or the removal or sale of organs. involuntary servitude or debt bondage;
Civil Service Rules and Regulations, extendible when the necessity arises as specified - To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
in the protection order. ***If any one of the three (3) elements is absent, then the situation may not involve provide, offer, receive or abduct a person, by means of threat or use of
trafficking in persons, except if it involves trafficking of a child. force, fraud, deceit, violence, coercion, or intimidation for the purpose
Ten-day paid leave in addition to other leave of removal or sale of organs of said person;
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for - To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
benefits. - At any time during the application of any protection order, investigation, the purpose of exploitation or when the adoption is induced by any form of provide, receive or adopt a child to engage in armed activities in the
prosecution and/or trial of the criminal case, a victim of VAWC who is employed consideration for exploitative purposes shall also be considered as ‘trafficking in Philippines or abroad;
shall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves persons’ even if it does not involve any of the means mentioned. - To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
under the Labor Code and Civil Service Rules and Regulations and other existing laws provide or receive a person by means mentioned in the preceding
and company policies, extendible when the necessity arises as specified in the Forced Labor: paragraph for purposes of forced labor, slavery, debt bondage and
protection order. The Punong Barangay/kagawad or prosecutor or the Clerk of Court, involuntary servitude, including a scheme, plan, or pattern intended to
as the case may be, shall issue a certification at no cost to the woman that such an Forced labor refers to the extraction of work or services from any person by means of cause the person either:
action is pending, and this is all that is required for the employer to comply with the enticement, violence, intimidation or threat, use of force or coercion, including
10-day paid leave. For government employees, in addition to the aforementioned deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or a. To believe that if the person did not perform such labor or services, he
certification, the employee concerned must file an application for leave citing as basis deception including any work or service extracted from any person under the menace or she or another person would suffer serious harm or physical restraint;
R.A. 9262. The administrative enforcement of this leave entitlement shall be of penalty. or
considered within the jurisdiction of the Regional Director of the DOLE under Article b. To abuse or threaten the use of law or the legal processes;
129 of the Labor Code of the Philippines, as amended, for employees in the private Involuntary Servitude: - To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
sector, and the Civil Service Commission, for government employees. provide, adopt or receive a child for purposes of exploitation or trading
Involuntary servitude refers to a condition of enforced and compulsory service them, including but not limited to, the act of buying and/or selling a
The availment of the ten day-leave shall be at the option of the woman employee, induced by means of any scheme, plan or pattern, intended to cause a person to child for any consideration or for barter for purposes of exploitation.
which shall cover the days that she has to attend to medical and legal concerns. Leaves believe that if he or she did not enter into or continue in such condition, he or she or Trafficking for purposes of exploitation of children shall include:
not availed of are noncumulative and not convertible to cash. another person would suffer serious harm or other forms of abuse or physical restraint, a. All forms of slavery or practices similar to slavery, involuntary
or threat of abuse or harm, or coercion including depriving access to travel documents servitude, debt bondage and forced labor, including recruitment of
The employer/agency head who denies the application for leave, and who shall and withholding salaries, or the abuse or threatened abuse of the legal process. children for use in armed conflict;
prejudice the victim-survivor or any person for assisting a co-employee who is a b. The use, procuring or offering of a child for prostitution, for the
victim-survivor under the Act shall be held liable for discrimination and violation of Debt Bondage: production of pornography, or for pornographic performances;
R.A 9262. c. The use, procuring or offering of a child for the production and
Debt bondage refers to the pledging by the debtor of his/her personal services or labor trafficking of drugs; and
The provision of the Labor Code and the Civil Service Rules and Regulations shall or those of a person under his/her control as security or payment for a debt, when the d. The use, procuring or offering of a child for illegal activities or work
govern the penalty to be imposed on the said employer/agency head. length and nature of services is not clearly defined or when the value of the services as which, by its nature or the circumstances in which it is carried out, is
reasonably assessed is not applied toward the liquidation of the debt. likely to harm their health, safety or morals; and
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208 AS AMENDED - To organize or direct other persons to commit the offenses defined as
BY RA 10364) Slavery: acts of trafficking.
Acts that Promote Trafficking in Persons - When the offender commits one or more violations over a period of Benefits:
sixty (60) or more days, whether those days are continuous or not; and
- To knowingly lease or sublease, use or allow to be used any house, - When the offender directs or through another manages the trafficking 1. Paid leave benefit granted to a female worker in the public sector,
building or establishment for the purpose of promoting trafficking in victim in carrying out the exploitative purpose of trafficking. duration of:
persons; a. 105 days for live childbirth, regardless of the mode of
- To produce, print and issue or distribute unissued, tampered or fake When is trafficking considered a large scale or committed by a syndicate? delivery, and an additional 15 days paid leave if the female
counseling certificates, registration stickers, overseas employment worker qualifies as a solo parent under RA 8972 or Solo
certificates or other certificates of any government agency which issues Trafficking is deemed committed by a syndicate if carried out by a group of three (3) Welfare Act of 2000.
these certificates, decals and such other markers as proof of compliance or more persons conspiring or confederating with one another. It is deemed committed b. 60 days paid leave for miscarriage and emergency
with government regulatory and pre-departure requirements for the in large scale if committed against three (3) or more persons, individually or as a termination of pregnancy
purpose of promoting trafficking in persons; group. 2. Paid leave benefit granted to a qualified female worker in the private
- To advertise, publish, print, broadcast or distribute, or cause the sector covered by the SSS, including those in the informal economy, for
advertisement, publication, printing, broadcasting or distribution by any Where to report incidence of Trafficking in Persons? the duration of:
means, including the use of information technology and the internet, of a. 105 days for live childbirth, regardless of the mode of
any brochure, flyer, or any propaganda material that promotes - Barangay authorities; delivery, and an additional 15 days paid leave if the female
trafficking in persons; - Nearest police or other law enforcement agencies; worker qualifies as a solo parent under qualifies as a solo
- To assist in the conduct of misrepresentation or fraud for purposes of - Local social welfare and development office; parent under RA 8972 or Solo Welfare Act of 2000.
facilitating the acquisition of clearances and necessary exit documents - Any member agencies of the Inter-Agency Council b. 60 days paid leave for miscarriage and emergency
from government agencies that are mandated to provide pre-departure - Against Trafficking (IACAT); termination of pregnancy
registration and services for departing persons for the purpose of - Local anti-trafficking committee or task force; 3. An option to extend for an additional 30 days without pay in case of
promoting trafficking in persons; - Local council for the protection of children; or live birth
- To facilitate, assist or help in the exit and entry of persons from/to the - 1343 Actionline against Human Trafficking. 4. Paid maternity leave, allowances, and benefits granted to female
country at international and local airports, territorial boundaries and national athletes
seaports who are in possession of unissued, tampered or fraudulent Where to file cases of Trafficking in Persons? 5. Health care services for pre-natal delivery, postpartum and pregnancy
travel documents for the purpose of promoting trafficking in persons; related conditions granted to female workers, particularly those who are
- To confiscate, conceal, or destroy the passport, travel documents, or - Department of Justice - National Prosecution Service, or neither voluntary nor regular members of the SSS, as governed by the
personal documents or belongings of trafficked persons in furtherance of - Provincial/City Prosecution Office; existing rules and regulations of Philippine Health Insurance
trafficking or to prevent them from leaving the country or seeking o where the offense was committed; Corporation (PHILHEALTH).
redress from the government or appropriate agencies; o where any of the elements of the offense occurred; or
- To knowingly benefit from, financial or otherwise, or make use of, the o where the trafficked person resides at the time of the Salient Provisions:
labor or services of a person held to a condition of involuntary servitude, commission of the crime.
forced labor, or slavery; - All covered females, regardless of civil status, employment status, and
- To tamper with, destroy, or cause the destruction of evidence, or to What are the mandatory services available for trafficked persons under R.A. 9208 as legitimacy of their child, shall be granted 105 days maternity leave with
influence or attempt to influence witnesses, in an investigation or amended by R.A. 10364? full pay and an additional 15 days with full pay in case the female
prosecution of a case; workers qualifies as a solo parent.
- To destroy, conceal, remove, confiscate or possess, or attempt to - Temporary housing and food facilities; - In case of miscarriage or emergency termination of pregnancy, 60 days
destroy, conceal, remove, confiscate or possess, any actual or purported - Psychological support and counseling; maternity leave with full pay shall be granted.
passport or other travel, immigration or working permit or document, or - Free legal services; - Enjoyment of maternity leave cannot be deferred but should be availed
any other actual or purported government identification, of any person in - Medical or psychological services; of either before and after the actual period of delivery in a continuous
order to prevent or restrict, or attempt to prevent or restrict, without - Livelihood and skills training; and uninterrupted manner.
lawful authority, the person’s liberty to move or travel in order to - Educational assistance to a trafficked child; and - Maternity leave shall also be granted to qualified female worker in every
maintain the labor or services of that person; and - 24-hour call center for crisis calls and technology based counseling and instance of pregnancy, miscarriage or emergency termination of
- To utilize his or her office to impede the investigation, prosecution or referral system. pregnancy regardless of frequency
execution of lawful orders in a case.
What protection is given to trafficked persons? Female workers in public sector:
Qualified Trafficking:
- Legal Protection - Shall be granted granted 105 days maternity leave with full pay and an
- When the trafficked person is a child or below 18 years old; - Free Legal Assistance additional 15 days with full pay in case the female worker qualifies as
- When the adoption is effected through Republic Act No. 8043, - Right to Privacy and Confidentiality solo parent.
otherwise known as the “Inter-Country Adoption Act of 1995” and said - Witness Protection Program
adoption is for the purpose of prostitution, pornography, sexual - Victim Compensation Program Female workers in private sectors:
exploitation, forced labor, slavery, involuntary servitude or debt
bondage; EXPANDED MATERNITY LEAVE REPUBLIC ACT NO. 11210 - To qualify:
- When the crime is committed by a syndicate, or in large scale; o At least 3 months monthly contributions in the 12 period
- When the offender is a spouse, an ascendant, parent, sibling, guardian or - To increase maternity leave period to 105 days for female workers with immediately preceding the semester of childbirth,
a person who exercises authority over the trafficked person or when the an option to extend for an additional 30 days without pay, granting an miscarriage, or emergency termination of pregnancy
offense is committed by a public officer or employee; additional 15 days for solo parent or mothers, and for other purposes. o She shall have notified her employer of her pregnancy and
- When the trafficked person is recruited to engage in prostitution with the probable date of her child birth which notice shall be
any member of the military or law enforcement agencies; Covered: transmitted to the SSS in accordance with the rules and
- When the offender is a member of the military or law enforcement regulations it may provide.
agencies; - Female workers in public sector
- When by reason or on occasion of the act of trafficking in persons, the - Female workers in private sector Female workers in the Informal Economy and Voluntary Contributors of the SSS:
offended party dies, becomes insane, suffers mutilation or is afflicted - Female workers in informal economy
with Human Immunodeficiency Virus (HIV) or the Acquired Immune - Female workers who are voluntary contributors of SSS - Entitled to a maternity benefits if they have remitted at least 3 months
Deficiency Syndrome (AIDS); - Female national athletes monthly contributions in the 12 period immediately preceding the
 semester of childbirth, miscarriage, or emergency termination of
pregnancy.

Female national athletes:

- In the event the a national athlete is in the roster of national athletes of

the National Sports Association to which she is affiliated becomes
pregnant:
o She will be referred to a physician of the PSC or an
obstetrician-gynecologist to determine her fitness to
continue training
o She will be allowed to participate in all team related
activities, unless the physician advises that participation is
not medically safe or should be limited
o Upon medical advice, she shall undergo on maternity
leave until cleared to return into trainings.
o She shall continue receiving her allowance and entitled to
the same benefits while on maternity leave prior to
childbirth and up to 6 months after, unless she can resume
sooner as advised by her physician.
o Moreover, a female national athlete employed in the
public sector shall not receive double compensation or
benefits

Magna Carta of Women (RA 9710)

Re: PCOS

- A woman employee shall be entitled to a special leave benefit of 2

months with full pay based on her gross monthly compensation
following surgery caused by gynecologist disorders.

Competent Physician:

- A medical doctor preferably specializing in gynecological disorders or is

in the position to determine the period of recuperation of the employee.

Remedy of insufficient days:

Upon return to work, employer may require the employee to submit physician’s
certification of fitness to work.