SW 121 – Social Work and the Law d.

d. To issue, suspend, and revoke certificates of registration for the practice of social
work;
[ REPUBLIC ACT No. 4373 ] e. To look into the conditions affecting the practice of social work in the
Philippines, and, whenever necessary, adopt such measures as may be deemed
An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies
proper for the maintenance of the good standing and the ethics of the profession
in the Philippines and for Other Purposes
of social work; and
Be it enacted by the Senate and House of Representatives of the Philippine Congress f. To investigate such violations of this Act or of the rules and regulations issued
Assembled: thereunder as may come to the knowledge of the Board , and, for this purpose, to
issue subpoena and subpoena duces tecum to secure the appearance of witnesses
- An act to regulate the practice and the production of documents in connection therewith.
- Mutual adjustment individuals
- You can achieve by the use of the Social Work methods Section 7. Removal of Board Members.- Any member of the Board may be removed by the
President7 of the Philippines upon the recommendation of the Commissioner of Civil
Section 2. Name and Composition of the Board Within Sixty Days After the Approval of Service8 for continued neglect of duty, incompetence, unprofessional, unethical, immoral,
This Act.- there shall be created a Board of Examiners for Social Workers hereinafter to be or dishonourable conduct, for commission or toleration of irregularities in the examination,
referred to as the Board, composed of a Chairman and four members who shall be after having been given the opportunity to defend himself in a proper administrative
appointed by the President of the Philippines with the consent of the Commission on investigation.
Appointments from among social workers of recognized standing in the Philippines, and
who, at the time of their appointment shall: Section 8. Rules and Regulations.- Subject to the approval of the President of the
Philippines9 and with the advice of the Commissioner of Civil Service the Board shall set
a. Be a citizen and resident of the Philippines; ethical and professional standards for the practice of social work in general, and adopt such
b. Be at least thirty years of age and of good moral character; rules and regulations as may be necessary to carry out the provisions of this Act. Such
c. Possess a Master’s Degree in Social Work (M.S.S.W., M.S.S., M.A.S.W., or its standards, rules and regulations shall take effect thirty (30) days after publication in the
equivalent) conferred by a reputable school, college or university duly recognized Official Gazette.
by the government and also by a duly accredited school, college or university
abroad. Section 11. Holding of Examinations.- Except as otherwise specifically allowed under the
d. Have had at least five years of practice in a social work agency in the case of a provisions of this Act, all applicants for registration as social workers shall be required to
holder of Bachelor’s Degree in Social Work or its equivalent, or at least two years undergo a written examination which shall be given by the Board annually in Manila at
of social work practice in the case of a holder of a Master’s Degree in Social such time and place as may be fixed by it, subject to the approval of the Commissioner of
Work or its equivalent, after receiving the respective degree. Civil Service and the President of the Philippines. Written or printed notices of such
e. Be a registered social worker duly qualified to practice social work under this examination shall be mailed to each candidate who has filed his name and address with the
Act: Provided, However, That this qualification shall not be required of the first Secretary of the Board at least thirty (30) days prior to the date of the examination.
appointees to the Board under this Act, and;
Section 12. Qualification of Applicants.- In order to be admitted to take the social work
f. Not be a member of the faculty of any school, college or university at the time of
examination, an applicant must, at the time of filing his or her application therefore,
appointment; nor during the year immediately preceding the appointment to be a
establish to the satisfaction of the Board that:
member of the Board conferring the Bachelor’s and/or Master’s degree in social
work, or shall have any direct or indirect pecuniary interest in such institution. a. He or she is a citizen of the Philippines;
b. He or she is at least twenty-one years of age;
Section 3. Function and Duties of the Board.- The Board shall have the following function
c. He or she in good health and is of good moral character;
and duties:
d. He or she has received a diploma as a holder of a bachelor’s degree or master’s
a. To administer the provisions of this Act; degree or its equivalent in social work from an institution, college or university
b. To administer oaths in connection with the administration of this Act; duly accredited and legally constituted: Provided, That the provisions of Republic
c. To prepare the official seal of the Board ;
 Act Numbered Twenty-two hundred and sixty insofar as cultural minorities are in said foreign state or country, are substantially the same as those required and
concerned be applied; and contemplated by this Act: And Provided, further, That the laws of such state or country
e. He or she has completed a minimum period of one thousand case hours of grant the same privileges to Filipino social workers on the same basis as the subject or
practical training in an established social work agency under the direct citizens of such foreign state or country.
supervision of a fully trained and qualified social worker.
Section 19. Fees for Examination and Registration.- Applicants for examination for the
Section 13. Scope of Examination.- The examination for the practice of social work in the social work profession shall pay an examination fee of fifty pesos. Successful applicants
Philippines shall consist of a written test, the scope of which shall be determined and shall pay a registration fee of thirty pesos. All such fees shall be paid to the disbursing
prescribed by the Board, taking into consideration the curriculum of all the social work officer of the Civil Service Commission, and such officer shall pay from the receipts
courses offered in schools legally constituted in the Philippines: Provided, That no change thereof, all the authorized expenses of the Board, including the compensation of its
or alteration in or addition to the subjects for examination shall be made within two years Chairman and members.
from the date of the promulgation of said subjects. It shall be the duty of the Board to
prepare the schedule of subjects for examinations and to submit the same to the President of Section 20. Refusal to Issue Certificates in Certain Cases.- The Board of Examiners for
the Philippines for approval through the Commissioner of Civil Service, and to publish the Social Workers shall refuse to issue a certificate of registration to any person convicted by a
same, as approved, at least three months before the date of the examination wherein they court of competent jurisdiction of any criminal offense involving moral turpitude, and to
are to be used. Any alteration or amendment that may be made in said schedule shall any person guilty of immoral or dishonorable conduct, or to one of unsound mind or
likewise be approved by the President of the Philippines. suffering from an incurable or infectious disease. The Board shall give the applicant a
written statement setting forth the reason or reasons for its action, which statement shall be
Section 14. Ratings in the Examination.- In order to pass the examination, a candidate must incorporated in the records of the Board.
obtain a general rating of at least seventy percent in the written test, with no rating below
fifty percent in any subject. Section 21. Revocation and Suspension of Certificates.- The Boards shall also have the
power to revoke or suspend the validity of a certificate of registration of a social worker for
Section 15. Report of Results of Examination.- The Board of Examiners for Social Workers any of the causes mentioned in the preceding section, or for unprofessional conduct,
shall, within one hundred twenty days after the examination, report the ratings obtained by malpractice, incompetency, or serious ignorance of or negligence in the practice of social
each candidate to the Commissioner of Civil Service who shall, with his recommendation, work, or for making use of fraud, deceit or falsity to obtain a certificate of registration.
submit such ratings to the President of the Philippines. Certificates of registration shall be revoked only after due notice and hearing.

Section 16. Oath of Social Workers.- All successful examinees shall be required to take a Section 22. Reissuance of Revoked and Replacement of Lost Certificates.- The Board may,
professional oath before the Board or before any person authorized to administer oaths, for reasons of equity and justice, and upon proper application and explanation therefore,
prior to entering upon the practice of social work in the Philippines. issue another copy of the certificate upon payment of ten pesos. A new certificate of
registration to replace any certificate lost, destroyed, or mutilated may be issued subject to
Section 17. Issuance of Certificates.- Certificates of registration as a social worker shall be the rules of the Board upon payment of ten pesos (₱10.00).
issued to all applicants who pass the examination, after approval of her or his ratings by the
President of the Philippines, and upon payment of the required fees. Every certificate of Section 23. Registration with the Social Welfare Administration.- No social work agency as
registration shall show the full name of the registrant and serial number, and shall bear the defined herein shall separate and be accredited as such unless it shall first have registered
signatures of the members of the Board, attested to by the Secretary of the Board, and duly with the Social Welfare Administration which shall then issue the corresponding
authenticated with the official seal of the Board of Examiners for Social Workers. The registration certificate: Provided, That existing social work agencies at the time of approval
issuance of a certificate of registration by the Board to the registrant shall be evidence that of this Act shall have a period of one year within which to secure the corresponding
the person named therein is entitled to all the rights and privileges of a registered social certificate of registration. Before any social work agency shall be duly registered, the
worker until said certificate, for just cause, is revoked temporarily or canceled. following requirements must have been complied with to the satisfaction of the Social
Welfare Administrator:
Section 18. Registration by Reciprocity.- A certificate of registration may be issued without
examination to social workers registered under the laws of any foreign state or a. That the applicant must be engaged mainly or generally in social work activity;
country: Provided, That the requirements for the registration or licensing of social workers
 b. That the applicant has employed a sufficient number of duly qualified and Section 27. Separability Clause.- If any provision of this Act or the application of such
registered social workers to supervise and take charge of its social work function provision to any person or circumstances is declared invalid, the Act or the application of
in accordance with accepted social work standards; such provision shall not be affected by such declaration.
c. That the applicant must show in a duly certified financial statement that at least
sixty percent of its funds are disbursed for direct social work services; and Section 28. Repealing Clause.- All Acts, executive orders, rules and regulations or part
d. That the applicant keeps a social work record of all cases and welfare activities thereof inconsistent with the provisions of this Act are hereby repealed.
handled by it.
Section 29. Effectivity.- This Act shall take effect upon its approval.
Section 24. Financial Aid by the Government Agency or Instrumentality.- No government
agency or instrumentality shall give financial or other aid to any social work agency unless
the agency has been duly registered with the Social Welfare Administration in accordance
with the preceding section.

Section 25. Revocation of Certificate of Registration.- The Certificate of Registration

issued to any social work agency may be revoked if, after due investigation, the Social [ REPUBLIC ACT NO. 10847 ]
Welfare Administration finds, that it has failed to perform the function as social work
agency, or it has violated existing laws, rules and regulations. AN ACT LOWERING THE AGE REQUIREMENT FOR APPLICANTS TAKING THE
BOARD EXAMINATION FOR SOCIAL WORKERS, PROVIDING FOR CONTINUING
Section 26. Penal Provisions.- The following shall be punished by a fine of not less than SOCIAL WORK EDUCATION, AND UPGRADING THE SUNDRY PROVISIONS
five hundred pesos nor more than two thousand pesos, or imprisonment for not less than RELATIVE TO THE PRACTICE OF SOCIAL WORK
one month nor more than two years, or both, in the discretion of the court;
SECTION 1. Section 2 of Republic Act Numbered Forty-Three Hundred Seventy-Three
a. Any person who shall practice or offer to practice social work in the Philippines (R.A. No. 4373) is hereby amended to read as follows:
without being registered or exempted from registration in accordance with the
provisions of this Act; SEC. 2. Section 12 of the same Act is hereby further amended:
b. Any person representing or attempting to use as his own, the certificate of
registration of another; “SEC. 12. Qualification of Applicants. – In order to be admitted to take the social work
c. Any person who shall give any false or fraudulent evidence of any kind to the examination, an applicant must, at the time of filing of application therefor:
Board or any member thereof in obtaining a certificate of registration as a social a. Be a citizen of the Philippines;
worker; b. Be at least eighteen (18) years of age;
d. Any person who shall impersonate any registrant of like or different name; c. Be in good health and of good moral character;
e. Any person who shall attempt to use a revoked or suspended certificate of d. Have a bachelor’s degree or masteral degree or its equivalent in social work from
registration; an institution, college, or university duly accredited and legally constituted:
f. Any person who shall in connection with his or her name, otherwise assume, use Provided, That, the provisions of Republic Act Numbered Twenty – Two
or advertise any title or description tending to convey the impression that he or Hundred and Sixty (R.A. No. 2260), otherwise known as the Civil Service Act of
she is a social worker without holding a valid certificate; 1959, as amended, insofar as cultural minorities are concerned, shall be applied;
g. Any person who shall violate any provision of this Act; and
h. Any person, corporation or entity operating as a social work agency without the e. Have completed a minimum period of one thousand (1,000) case hours of
corresponding Certificate of Registration issued by the Social Welfare practical training in an established social work agency under the direct
Administration. (Redesignated as subparagraph (h) by §6, Republic Act No. supervision of a fully trained and qualified social worker: Provided, That, in the
5157) institution, college, or university’s undergraduate program, the academic courses
preceded the required field practice of one thousand (1,000) case hours: Provided,
further, That, the required field practice complies with the social work curriculum
approved by the Commission on Higher Education (CHED) and the Board.”
SEC. 3. The same Act is hereby amended by inserting Sections 26, 27 and 28 on certificate and license to operate: Provided, That existing social welfare and development
Continuing Professional Development (CPD), Integration of the Social Work Profession agencies at the time of approval of this Act shall have a period of one (1) year within which
and the Issuance of Special Temporary Permit (STP), respectively: to secure the corresponding certificate of registration and license to operate.

“SEC. 26. Continuing Professional Development (CPD). – All registered social workers Before any social welfare and development agency shall be duly registered and licensed,
must provide proof of earning forty-five (45) units of continuing CPD courses given by any the following requirements must be duly complied with to the satisfaction of the
CPD provider duly accredited by the CPD Council for social workers as a requirement for Department of Social Welfare and Development:
the renewal of the professional identification card of social workers.
1) That the applicant must be engaged mainly or generally in social welfare and
All local government units (LGUs) and employer organizations shall allocate the necessary development activities;
funding to support the professional development of social workers under their employ, 2) That the applicant has employed a sufficient number of duly qualified staff and/or
regardless of employment status, for the purpose of complying with the CPD requirement.” registered social workers to supervise and take charge of its social welfare and
development activities in accordance with the set standards;
“SEC. 27. Integration of the Social Work Profession. – All registered and licensed social 3) That the applicant must show in a duly certified financial statement that at least
workers shall be united and integrated into one (1) national organization which shall be seventy percent (70%) of its funds are disbursed for direct social work services;
accredited by the Board, subject to the approval of the Commission, as the AIPO for social and
workers. All registered and licensed social workers shall become members of the AIPO and 4) That the applicant keeps a record of all social development and/or welfare
shall consequently be entitled to all the benefits and privileges incidental thereto upon activities handled by it.”
payment of the required fees and dues. Membership in the AIPO shall not be a bar to
membership in any other professional organization.” “SEC. 29. Penal Provisions. – The following shall be penalized with a fine of not less than
one hundred thousand pesos (P100,000.00) but not more than two hundred thousand pesos
“SEC. 28. Issuance of Special Temporary Permits. – Special Temporary Permits (STPs) (P200,000.00), or imprisonment for not less than six (6) months but not more than two (2)
may be issued by the Board, subject to the approval of the Commission and payment of the years, or both, at the discretion of the court:
prescribed fees, to any of the following:
a. Any person who shall practice or offer to practice social work in the Philippines
a. Foreign social workers called by the Philippine Government for a specific public without being registered or exempted from registration in accordance with the
purpose or project; provisions of this Act;
b. Foreign social workers to be employed by any domestic private b. Any person presenting or attempting to use as one’s own, the certificate of
firm/establishment; registration of another
c. Foreign social workers to be engaged as professors or lecturers in a higher c. Any person who shall give any false or fraudulent evidence of any kind to the
educational institution or university for the enhancement of the social work Board or any member thereof in obtaining a certificate of registration as social
education in the country; and worker;
d. Foreign social workers, including volunteers, whose services are engaged during d. Any person who shall impersonate any registrant of like or different name;
disasters, calamities, or any emergency cases as may be determined by the Board e. Any person who shall attempt to use a revoked or suspended certificate of
e. The STP shall provide, among others, that; (1) The practice of the foreign registration;
professional shall be limited to the particular work for which the foreigner is f. Any person who shall in connection with one’s name, otherwise assume, use, or
being engaged; (2) The validity of the STP shall be for one (1) year only, subject advertise any title or description tending to convey the impression that one is a
to renewal; and (3) The practice of the foreign social worker shall be subject to social worker without holding a valid registration;
the applicable domestic laws and regulations.” g. Any person who shall violate any provision of this Act; and
h. Any person or corporate body who shall violate the rules and regulations of the
“SEC. 23. Registration with the Department of Social Welfare and Development. – No
Board or orders promulgated by it, for the purpose of carrying out the provisions
social welfare and development agency, as defined herein, shall operate and be accredited
of this Act.
as such unless it shall first have registered and secured a license with the Department of
i. Any person, corporation or entity operating as a social welfare and development
Social Welfare and Development which shall then issue the corresponding registration
agency, without the corresponding valid Certificate of Registration and License to
 Operate issued by the Department of Social Welfare and Development shall be ‘DSWD’ – refers to the Department of Social Welfare and Development;
penalized with a fine of not less than one hundred thousand pesos (P100,000.00)
but not more than five hundred thousand pesos (P500,000.00) and/or ‘DOLE’ – refers to the Department of Labor and Employment;
imprisonment for not less than one (1) year but not more than three (3) years, at
‘DILG’ – refers to the Department of the Interior and Local Government;
the discretion of the court. These penalties shall be without prejudice to the
seizure of equipment, instruments and other facilities of the social welfare and ‘NLRC’ – refers to the National Labor Relations Commission; and
development agency.”
‘PRC’ – refers to the Professional Regulations Commission.
SEC. 5. Implementing Rules and Regulations. – The Commission and the Board, in
consultation with the AIPO for social workers, academe and other relevant government and SEC. 4. Coverage. – This Act shall cover all registered social workers employed in
nongovernmental agencies, shall issue the implementing rules and regulations of this Act government service.
within sixty (60) days after the effectivity of the law.
SEC. 5. Recruitment and Qualifications. The selection and appointment of social workers
shall be in accordance with the merit and fitness principle.
[ REPUBLIC ACT NO. 9433, April 11, 2007 ] All government social work agencies and institutions shall be headed by registered social
workers except for cabinet and non-career positions. Priority shall be given to registered
AN ACT PROVIDING FOR A MAGNA CARTA FOR PUBLIC SOCIAL WORKERS social workers in filling up social work positions in the government.
SECTION 1. Title. – This Act shall be known as the Magna Carta for Public Social SEC. 6. Merit Promotion and Career System. A Social Work Management and Consultative
Workers”. Council shall be created to prepare a uniform career and personnel development plan
applicable to public social workers. Such career and personnel development plan shall
SEC. 2. Declaration of Policy. – The State shall promote and improve the social and
include provision on merit promotion, performance evaluation, in-service training grants,
economic well-being of public social workers, their living and working conditions, and
job rotation, incentive awards system and other policies that govern the social security of
terms of employment. It shall develop their skills and capabilities to make them more
the social worker
responsive to the needs and problems of their clients and better equipped in delivering
social services and programs. The State shall likewise encourage those with proper SEC. 7. Composition. – The Social Work Management and Consultative Council shall be
qualifications and excellent abilities to apply and remain in social development work in the composed of representatives of the DSWD, CSC, DILG, DOLE, Philippine Association of
government service. Social Workers, Inc. (PASWI), Association of Provincial/City and Municipal Social
Welfare and Development Officer of the Philippines, Inc. (APCMSWDOPI), the League of
SEC. 3. Definition of Terms. As used in this Act, the following terms shall mean as follows:
Provinces, League of Cities and League of Municipalities. The Secretary of the DSWD or
‘Social Work’ – refers to the profession which helps individuals, families, groups, and his/her representative shall be the head of the Council.
communities develop, improve, maintain or restore their capability for coping with the
SEC. 8. Classification of Social Work Personnel. – The Social Work Management and
demands of their environment, through the use of social work methods and interventions;
Consultative Council shall develop a career ladder and classification system for all social
‘Registered Social Worker’ refers to a graduate of Bachelor of Science in Social Work or work positions in government service: Provided, That all position classification shall carry
Master’s Degree in Social Work and who has passed the social work licensure examination; Social Worker title.

‘Public Social Worker’ refers to registered social worker employed in the government SEC. 9. Code of Conduct. – All public social workers shall be guided by the Social Work
service; Code of Ethics as adopted by the Board of Social Work and as approved by the PRC within
six months from the effectivity of this Act.
‘Public Social Welfare and Development(b)Worker’ – refers to those employed in
government social welfare and development agencies; SEC. 10. Normal Hours of Work. – The normal hours of work of any public social worker
shall not exceed eight hours a day or forty (40) hours a week. Hours of work shall include:
‘CSC’ – refers to the Civil Service Commission;
the time during which a public social worker is required to be on active duty or to be at a risks or threats to life shall be compensated with hazard allowance equivalent to at least
prescribed workplace; twenty per centum (20%) of the monthly basic salary.

the time during which a public social worker is permitted to work; or Subsistence/Transportation Allowance – Public social workers who are required to render
services in communities, institutions, hospitals and other social work establishments in
the time during which a public social worker is required in a place other than prescribed order to make their services available at all times, shall be entitled to daily full subsistence
workplace; allowance for three meals which shall be computed according to prevailing circumstances.
Those assigned out of their regular work stations shall be entitled to per diem in place of
Provided, That, the time when a public social worker is placed on ‘On Call’ status shall not
this allowance. Actual transportation allowance shall also be provided to public social
be considered as hours worked but sha11 entitle the public social worker to an ‘On Call’
workers on field work.
pay equivalent to fifty percent (50%) of his/her regular wage. ‘On Call’ status refers to a
condition when public social workers are called upon to respond to urgent or immediate Housing and Living Quarters Allowance – All public social workers who are transferred
need or relief work during emergencies such that he/she cannot devote the time for his/her to another assignment due to the exigency of the service shall be entitled to free housing
own use: Provided, further, That, no public social worker shall be placed in ‘On-Call’ status within the agency concerned: Provided, That, if living quarters are not available within the
beyond seven days per month. Public social workers can also teach or practice their agency and the personnel has his/her residence outside of fifty (50) kilometers radius from
profession after office hours. such government facility, he/she shall receive a housing allowance, and: Provided, further,
That the rate of such housing allowance shall be periodically adjusted for inflation.
SEC. 11. Overtime Work. – Where the exigencies of the service so require, any public
social worker may be required to render service beyond the normal eight hours a day, Longevity Pay – A monthly longevity pay equivalent to five per centum (5%) of his/her
inclusive of Saturdays, Sundays or nonworking holidays. In such a case, the public social latest monthly basic pay shall be paid to a public social worker for every five years of
worker shall be paid an additional compensation in accordance with existing laws. continuous, efficient and meritorious service rendered as certified by the chief of office
concerned, commencing with the service after approval of this Act.
SEC. 12. Compensation. – The existing law on the salary scale of government employees
shall apply in determining the salaries of public social workers. In case of violations of this Clothing Allowance – All public social workers shall be entitled to a minimum of One
provision, the public social worker concerned shall file the necessary complaint to the CSC thousand five hundred pesos (P1,500.00) clothing allowance annually, which amount shall
or NLRC through the Social Work Management and Consultative Council. be adjusted as needed.
SEC. 13. Leave Benefits. – Public social workers shall be entitled to all leave benefits and SEC. 16. Compensation From Injuries. Public social workers shall be protected against
privileges, such as but not limited to maternity, paternity, vacation and sick leaves, as work-related injuries in accordance with the Labor Code and Civil Service Law, as the case
provided for under existing laws: Provided, That upon separation of the public social may be. Injuries incurred while doing overtime work shall be presumed work-connected.
workers from service, they shall be entitled to all accumulated leave credits with pay.
SEC. 17. Rights of a Public Social Worker. Public social workers shall have the following
SEC. 14. Highest Basic Salary Upon Retirement. – Upon retirement, a public social worker rights:
shall automatically be granted an increase of one salary grade higher than his/her basic
salary and his/her retirement benefits shall be computed on the basis of his/her highest a. Protection from discrimination by reason of sex, sexual orientation, age, political
salary received. or religious beliefs, civil status, physical characteristics/disability, or ethnicity;
b. Protection from any form of interference, intimidation, harassment, or
SEC. 15. Other Benefits. – Aside from the benefits received as required under existing laws punishment, to include, but not limited to, arbitrary reassignment or termination
and executive orders, the public social workers shall receive the following: of service, in the performance of his/her duties and responsibilities;
c. Join, organize, or assist organizations or unions for lawful purposes;
Hazard Allowance – Public social workers and public social welfare and development
d. Protection from any act that will prevent his/her from applying professional
workers assigned in remote and depressed areas, strife-torn or embattled areas, distressed or
interventions that the client’s situation may require; and
isolated stations, mental hospitals, leprosaria, areas declared under a state of calamity or
e. Opportunities for continuing professional growth and development.
emergency which expose them to great danger, volcanic activity/eruption, occupational
SEC. 18. Reassignment of Public Social Workers. Except in the interest of public service, a. Adequate facilities and resources to render quality social service to their clientele;
no transfer or geographical reassignment shall be made or effected without written notice to b. Opportunities for public social workers to grow professionally and to develop
a public social worker: Provided, That said written notice, stating the reasons for the their potentials and experience a sense of worth and dignity in their work;
reassignment, shall be made at least thirty (30) days prior to the date of transfer or c. Mechanism for democratic consultations;
reassignment: Provided, further, That, if the public social worker believes that there is no d. Staffing patterns and standards of social work to ensure that the clients receive
justification for the transfer and/or reassignment, he/she may appeal his/her case to the quality care;
CSC, which shall cause his/her transfer and/or reassignment to be held in abeyance: e. Upgrading of working conditions, reclassification of positions and salaries of
Provided, furthermore, That reassignment coinciding with any local or national election public social workers to correct the disparity vis-a-vis other professions;
shall be made in compliance with Election Code and other existing laws and rules: f. Allocation of funds for the participation of public social workers in seminars,
Provided, finally, That the necessary expenses of the transfer and/or reassignment of the conferences, conventions and similar activities as part of their continuing
public social worker and his/her immediate family shall be paid for by the agency professional growth.
concerned.
SEC. 22. Security of Tenure. No public social worker holding a permanent position shall be
SEC. 19. Married Public Social Workers. Whenever possible, the proper authorities shall terminated except for cause: Provided, That, in the event the public social worker is found
take steps to enable married couples, both of whom are public social workers, to be to be unjustly dismissed by the CSC or the NLRC; as the case may be, he/she shall be
employed or assigned in the same municipality, but not in the same office: Provided, That it entitled to reinstatement without loss of seniority rights and back wages with twelve per
shall not apply to married public social workers already assigned in the same office at the centum (12%) interest to be computed from the time his/her compensation was withheld
time this law takes effect. from him/her up to the time of reinstatement.

SEC. 20. Freedom from Interference or Coercion. It shall be unlawful for any person to SEC. 23. Implementing Rules and Regulations. The Social Work Management and
commit any of the following acts of interference or coercion: Consultative Council, upon consultation with the Chairperson of the Senate Committee on
Social Justice, Welfare and Rural Development and the Chairperson of the House
a. To intimidate or force a public social worker to submit valuable documents that Committee on Social Services, shall formulate the necessary rules and regulations, not
will violate the principles of confidentiality of records agreed upon between inconsistent with any provisions of this law, for the implementation of the Magna Carta for
him/her and the clientele groups: Provided, That the release of such documents Public Social Workers. The rules and regulations shall be promulgated within six months
shall be approved by the clients concerned and shall redound to their social well- from the effectivity of this Act.
being, and upon court order;
b. To prevent a public social worker from upholding and applying the basic social SEC. 24. Penal Provision. Any person who shall willfully interfere with, restrain or coerce
work principles in carrying out the programs and services for the target client any public social worker in the exercise of his/her rights or shall in any manner commit any
groups of the social work agency; act in violation of any of the provisions of this Act, upon conviction, shall be punished by a
c. To intimidate in order to encourage or discourage membership in any social work fine of not less than Twenty thousand pesos (P20,000.00) but not more than Forty thousand
organization or union; pesos (P40,000.00) or imprisonment of not more than one year, or both, at the discretion of
d. To prevent a public social worker from carrying out his/her duties and functions the court. If the offender is a public official, the court, in addition to the abovementioned
in the social work organization or union or to penalize the public social worker penalties, may impose the additional penalty of disqualification from office.
for any lawful action performed in that capacity;
e. To make calculated harassment and interference with the intention of intimidating SEC. 25. Separability Clause. If any provision of this Act is declared unconstitutional or
or preventing the public social worker from performing his duties and functions; invalid, the remainder thereof not affected thereby shall continue to be in full force and
f. To make calculated harassment against, or, to transfer, penalize or terminate the effect.
services of a public social worker who is carrying out his/her advocacy function
SEC 26. Repealing Clause. All laws, ordinances, rules and regulations, other issuances or
role for and in behalf of his/her clientele groups who are victims of social
parts thereof which are inconsistent with this law are hereby repealed or modified
injustice.
accordingly.
SEC. 21. Human Resource Development. The DSWD shall conduct a periodic human
resource development and management study in the following areas:
SEC. 27. Effectivity. This Act shall take effect fifteen (15) days after its publication in at 7. 7.To provide consultative services and develop training programs for personnel,
least two newspapers of general circulation. students and third country participation;
8. To insure proper dissemination of information relative to social welfare programs
and activities; to publish and issue technical bulletins on social welfare program.
9. To establish such regional, provincial, city and municipal branches and field
[ REPUBLIC ACT NO. 5416, June 15, 1968 ]
offices of the Department whenever and wherever it may be expedient or
AN ACT PROVIDING FOR COMPREHENSIVE SOCIAL SERVICES FOR necessary, and to supervise such branches.
INDIVIDUALS AND GROUPS IN NEED OF ASSISTANCE, CREATING FOR THIS 10. To coordinate government and voluntary efforts in social welfare work to avoid
PURPOSE A DEPARTMENT OF SOCIAL WELFARE. duplication, friction and overlapping of responsibility in social services;
11. To establish, administer and maintain such facilities as child caring institutions
SECTION 1. Short Title.—This Act shall be known as the Social Welfare Act of 1968. and others, wherever and whenever it may be deemed necessary to carry out the
objectives of this Act; and
SEC. 2. Declaration of Policy.—It is hereby declared that it is the responsibility of the 12. To establish such rules and regulations as necessary to carry out the provisions of
Government to provide a comprehensive program of social welfare services designed to this Act.
ameliorate the living conditions of distressed Filipinos particularly those who are
handicapped by reason of poverty, youth, physical and mental disability, illness and old age SEC. 5. Functions of the Undersecretaries.—The Undersecretary for Program shall have
or who are victims of natural calamities including assistance to members of the cultural the following functions, among others:
minorities to facilitate their integration into the body politic.
a. To formulate the program of services of the department on the basis
SEC. 3. The Department of Social Welfare; its powers and duties.—There is hereby created b. of priority of needs and the availability of resources to service these needs;
a Department of Social Welfare, hereafter referred to as the Department, which shall c. To recommend to the Secretary such measures relating to social welfare programs
develop and implement a comprehensive social welfare program consisting of (1) as may be necessary to carry out the policy declared in Section two hereof;
preventive and remedial programs and services for individuals, families and communities; d. To draw up program standards and procedures;
(2) protective, remedial and developmental welfare services for children and youth; e. To direct and supervise technical operations of the different bureaus of the
(3)vocational rehabilitation and related services for the physically handicapped, ex-convict department; and
and individuals with special needs; and(4) training and research and special projects. f. To perform such related duties as may be delegated by the Secretary.
g. The Undersecretary for Operation and Administration shall have the following
The Department shall have the following powers and duties, among others: functions, among others:
h. To recommend to the Secretary matters relating to operations and administration;
1. 1.To develop, administer and implement such service programs as may be needed i. To formulate administrative standards and procedures in implementing programs;
to accomplish the objectives of this Act; j. To provide consultative and technical services in administrative and legal matters;
2. 2.To set standards and policies to insure effective implementation of public and k. To implement programs, special projects services in the field, staff development
private social welfare programs; and training programs, conduct research, undertake the publication of researches,
3. 3.To undertake research programs and studies on matters pertaining to family life, interpretative and teaching materials and other social work literature and provide
the welfare needs of children and youth, the aged, the disabled and other public information regarding activities of the Department; and
individuals, or groups with special needs; l. To perform such related duties as may be delegated by the Secretary.
4. 4.To initiate and administer pilot social welfare projects designed to suit local
settings, problems and situations for possible implementation on a nationwide SEC. 6. Bureaus under the Department.—The Department shall have executive control and
basis; administrative supervision over the Bureau of Family Welfare, Bureau Child and Youth
5. 5.To accredit institutions and organizations, public and private, engaged in social Welfare, Bureau of Vocational Rehabilitation, Bureau of Field Services and Bureau of
welfare activity including the licensing of child caring and child placement Training Research and Special Projects.
institutions and provide consultative services thereto;
6. 6.To license and regulate public solicitations and fund drives for charitable or Sec. 7. Functions of the different bureaus.
civic purposes;
(a) Bureau of Family Welfare.—The Bureau of Family Welfare shall have, among others, maintain cooperative and harmonious relationship with other entities and agencies, public
the following functions: and private; local, national or international, in the promotion of economic and social
development and welfare of the nation.
To formulate, administer, develop and implement social welfare services which will
promote the social adjustment of families, prevent family disorganization, and social (e) Bureau of Training, Research and Special Projects.—The Bureau of Training,
consciousness and civic responsibility. Such services shall include among others family life Research and Special Projects shall have, among others, the following functions:
education programs, establishment of family welfare centers and extension youth centers of
groups for self-help, group work and street-corner gang work with out-of-school youth, pre To formulate, develop and implement programs of research, training and special projects;
vocational and work training, income-producing projects and employment referral services and to perform other functions as the Secretary may direct. The special projects will include
for handicapped adults and youth, programs for pre-school children of working mothers. the Central Institute for Training and Relocation of Urban Squatters (CITRUS) ; disaster
and emergency relief services and such other new program which may be developed and
(b) Bureau of Child and Youth Welfare.—The Bureau of Child and Youth Welfare shall assigned to it by Congress.
have, among others, the following functions: To formulate, administer, develop and
implement programs for the care, protection, training and rehabilitation of children and SEC. 8.Abolition of the Social Welfare Administration.—Welfare Administration is hereby
youth such as the abused, abandoned, neglected, handicapped and delinquent with abolished, and the personnel, records, documents, supplies, equipment, priorities and
emphasis on their preparation for participation in economically productive activities, existing balance of appropriations thereof are hereby transferred to the Department of
initiate demonstration and experimental projects and administer them for the exploration of Social Welfare: Provided, That no official or employee, who has satisfactorily served the
improved techniques of social work with the young adapted to local problems, situations, Administration shall suffer a loss of employment or a reduction of salary or rank as
and culture; and to perform such other related functions as the Secretary may direct. consequence of the abolition: And provided, finally, That nothing in this provision shall be
construed in any way amend, repeal,alter,or modify the provision of Republic Acts
(c) Bureau, of Vocational Rehabilitation.—The Bureau of Vocational Rehabilitation shall Numbered Forty-three hundred and seventy-three and Fifty-one hundred seventy-five.
have, among others, the following functions:

To formulate, administer, develop and implement programs of vocational rehabilitation and

related services to disabled and physically handicapped persons and individuals with [ RA 7160 ]
special need, and services including among others social adjustment services, medical
Section 17. Basic Services and Facilities.
services, pre-vocational assessment and guidance services; vocational training, selective
placement and employment exchange services and sheltered workshop operations with a. Local government units shall endeavor to be self-reliant and shall continue exercising the
adequate revolving funds; administer national program of vocational rehabilitation centers powers and discharging the duties and functions currently vested upon them. They shall
and facilities to meet the needs of disabled and physically handicapped persons and also discharge the functions and responsibilities of national agencies and offices devolved
individual special needs including negative Hansenites, released prisoners, alcoholics and to them pursuant to this Code. Local government units shall likewise exercise such other
drug addicts; initiate and develop vocational rehabilitation programs in rehabilitation powers and discharge such other functions and responsibilities as are necessary,
training centers; and to perform such other related functions as the Secretary may direct: appropriate, or incidental to efficient and effective provisions of the basic services and
Provided, That vocational rehabilitation sheltered workshop shall be established each facilities enumerated herein.
congressional district, the location of which shall be chosen by the Secretary of Social
Welfare, upon commendation of the Director of Vocational Rehabilitation. (b) Such basic services and facilities include, but are not limited to, the following:
(d) Bureau of Field Services:—The Bureau of Field Services shall have, among others, (1) For Barangay:
the following functions:
i. Agricultural support services which include planting materials distribution
To administer, operate, direct, supervise, and coordinate all welfare functions of the system and operation of farm produce collection and buying stations;
regional offices subject to direct authority from the Undersecretary for Operation and ii. Health and social welfare services which include maintenance of barangay health
Administration; execute and implement approved policies, regulations, and work plans and center and day-care center;
render administrative decisions on these matters within limits of delegated authority; and
 iii. Services and facilities related to general hygiene and sanitation, beautification, vii. Municipal buildings, cultural centers, public parks including freedom parks,
and solid waste collection; playgrounds, and other sports facilities and equipment, and other similar
iv. Maintenance of katarungang pambarangay; facilities;
v. Maintenance of barangay roads and bridges and water supply systems; viii. Infrastructure facilities intended primarily to service the needs of the residents of
vi. Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, the municipality and which are funded out of municipal funds including but not
sports center, and other similar facilities; limited to, municipal roads and bridges; school buildings and other facilities for
vii. Information and reading center; and public elementary and secondary schools; clinics, health centers and other health
viii. Satellite or public market, where viable; facilities necessary to carry out health services; communal irrigation, small water
impounding projects and other similar projects; fish ports; artesian wells, spring
(2) For a Municipality: development, rainwater collectors and water supply systems; seawalls, dikes,
drainage and sewerage, and flood control; traffic signals and road signs; and
i. Extension and on-site research services and facilities related to agriculture and
similar facilities;
fishery activities which include dispersal of livestock and poultry, fingerlings,
ix. Public markets, slaughterhouses and other municipal enterprises;
and other seedling materials for aquaculture; palay, corn, and vegetable seed
x. Public cemetery;
farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling
xi. Tourism facilities and other tourist attractions, including the acquisition of
nurseries; demonstration farms; quality control of copra and improvement and
equipment, regulation and supervision of business concessions, and security
development of local distribution channels, preferably through cooperatives;
services for such facilities; and
interbarangay irrigation system; water and soil resource utilization and
xii. Sites for police and fire stations and substations and municipal jail;
conservation projects; and enforcement of fishery laws in municipal waters
including the conservation of mangroves; (3) For a Province:
ii. Pursuant to national policies and subject to supervision, control and review of the
DENR, implementation of community-based forestry projects which include i. Agricultural extension and on-site research services and facilities which include
integrated social forestry programs and similar projects; management and control the prevention and control of plant and animal pests and diseases; dairy farms,
of communal forests with an area not exceeding fifty (50) square kilometers; livestock markets, animal breeding stations, and artificial insemination centers;
establishment of tree parks, greenbelts, and similar forest development projects; and assistance in the organization of farmers and fishermen's cooperatives, and
iii. Subject to the provisions of Title Five, Book I of this Code, health services which other collective organizations, as well as the transfer of appropriate technology;
include the implementation of programs and projects on primary health care, ii. Industrial research and development services, as well as the transfer of
maternal and child care, and communicable and non-communicable disease appropriate technology;
control services, access to secondary and tertiary health services; purchase of iii. Pursuant to national policies and subject to supervision, control and review of the
medicines, medical supplies, and equipment needed to carry out the services DENR, enforcement of forestry laws limited to community-based forestry
herein enumerated; projects, pollution control law, small-scale mining law, and other laws on the
iv. Social welfare services which include programs and projects on child and youth protection of the environment; and mini-hydroelectric projects for local purposes;
welfare, family and community welfare, women's welfare, welfare of the elderly iv. Subject to the provisions of Title Five, Book I of this Code, health services which
and disabled persons; community-based rehabilitation programs for vagrants, include hospitals and other tertiary health services;
beggars, street children, scavengers, juvenile delinquents, and victims of drug v. Social welfare services which include programs and projects on rebel returnees
abuse; livelihood and other pro-poor projects; nutrition services; and family and evacuees; relief operations; and population development services;
planning services; vi. Provincial buildings, provincial jails, freedom parks and other public assembly
v. Information services which include investments and job placement information areas and similar facilities;
systems, tax and marketing information systems, and maintenance of a public vii. Infrastructure facilities intended to service the needs of the residence of the
library; province and which are funded out of provincial funds including, but not limited
vi. Solid waste disposal system or environmental management system and services to, provincial roads and bridges; inter-municipal waterworks, drainage and
or facilities related to general hygiene and sanitation; sewerage, flood control, and irrigation systems; reclamation projects; and similar
facilities;
 viii. Programs and projects for low-cost housing and other mass dwellings, except unit when such services or facilities are not made available or, if made available, are
those funded by the Social Security System (SSS), Government Service inadequate to meet the requirements of its inhabitants.
Insurance System p. 172 (GSIS), and the Home Development Mutual Fund
(HDMF): Provided, That national funds for these programs and projects shall be (g) The basic services and facilities hereinabove enumerated shall be funded from the share
equitably allocated among the regions in proportion to the ratio of the homeless of local government units in the proceeds of national taxes and other local revenues and
to the population; funding support from the national government, its instrumentalities and government-owned
ix. Investment support services, including access to credit financing; or controlled corporations which are tasked by law to establish and maintain such services
x. Upgrading and modernization of tax information and collection services through or facilities. Any fund or resource available for the use of local government units shall be
the use of computer hardware and software and other means; first allocated for the provision of basic services or facilities enumerated in subsection (b)
xi. Inter-municipal telecommunications services, subject to national policy hereof before applying the same for other purposes, unless otherwise provided in this Code.
guidelines; and
(h) Regional offices of national agencies or offices whose functions are devolved to local
xii. Tourism development and promotion programs;
government units as provided herein shall be phased out within one (1) year from the
approval of this Code. Said national agencies and offices may establish such field units as
may be necessary for monitoring purposes and providing technical assistance to local
(4) For a City: government units. The properties, equipment, and other assets of these regional offices
shall be distributed to the local government units in the region in accordance with the rules
All the services and facilities of the municipality and province, and in addition thereto, the and regulations issued by the oversight committee created under this Code.
following:
SECTION 284. Allotment of Internal Revenue Taxes. – Local government units shall have
(1) Adequate communication and transportation facilities; a share in the national internal revenue taxes based on the collection of the third fiscal year
preceding the current fiscal year as follows:
(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure
projects and other facilities, programs and services funded by the national government a. On the first year of the effectivity of this Code, thirty percent (30%);
under the annual General Appropriations Act, other special laws, pertinent executive orders, b. On the second year, thirty-five percent (35%); and
and those wholly or partially funded from foreign sources, are not covered under this c. On the third year and thereafter, forty percent (40%).
Section, except in those cases where the local government unit concerned is duly
designated as the implementing agency for such projects, facilities, programs, and services. Provided, That in the event that the National Government incurs an unmanageable public
sector deficit, the President of the Philippines is hereby authorized, upon the
(d) The designs, plans, specifications, testing of materials, and the procurement of recommendation of Secretary of Finance, Secretary of Interior and Local Government, and
equipment and materials at P170 from both foreign and local sources necessary for the Secretary of Budget and Management, and subject to consultation with the presiding
provision of the foregoing services and facilities shall be undertaken by the local officers of both Houses of Congress and the presidents of the “liga”, to make the necessary
government unit concerned, based on national policies, standards and guidelines. adjustments in the internal revenue allotment of local government units but in no case shall
the allotment be less than thirty percent (30%) of the collection of national internal revenue
(e) National agencies or offices concerned shall devolve to local government units the
taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the
responsibility for the provision of basic services and facilities enumerated in this Section
first year of the effectivity of this Code, the local government units shall, in addition to the
within six (6) months after the effectivity of this Code.
thirty percent (30%) internal revenue allotment which shall include the cost of devolved
As used in this Code, the term "devolution" refers to the act by which the national functions for essential public services, be entitled to receive the amount equivalent to the
government confers power and authority upon the various local government units to cost of devolved personal services.
perform specific functions and responsibilities.
SECTION 483. Qualifications, Powers and Duties. – (a) No person shall be appointed
(f) The national government or the next higher level of local government unit may provide social welfare and development officer unless he is a citizen of the Philippines, a resident of
or augment the basic services and facilities assigned to a lower level of local government the local government unit concerned, of good moral character, a duly licensed social worker
or a holder of a college degree preferably in sociology or any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He a. Formulate, develop and promote policies, plans, programs and projects in the
must have acquired experience in the practice of social work for at least five (5) years in the field of social welfare and development;
case of the provincial or city social welfare and development officer, and three (3) years in b. Undertake researches and studies and adopt policies to ensure the effective
the case of the municipal social welfare and development officer. implementation of public and private social welfare and development programs;
c. Initiate, promote and maintain bilateral and multilateral linkages for technical
The appointment of a social welfare and development officer is mandatory for provincial cooperation, in coordination with the Department of Foreign Affairs;
and city governments, and optional for municipal government. d. Deputize law enforcement agencies in the implementation of laws, rules and
regulations for the protection of the rights of the exploited, abused and
disadvantaged;
[ EXECUTIVE ORDER NO. 15 ] e. Regulate fund drives, public solicitations and donations for charitable or welfare
purposes;
REDIRECTING THE FUNCTIONS AND OPERATIONS OF THE DEPARTMENT OF f. Set standards, accredit and provide consultative services to institutions,
SOCIAL WELFARE AND DEVELOPMENT organizations and persons engaged in social welfare activities and monitor
performance on institutions, organizations and person engaged in social welfare
SECTION 1. Mandate. Consistent with the provisions of the Administrative Code of 1987 activities, both public and private;
and of RA 7160 (Local Government Code), the DSWD is hereby mandated to provide g. Exercise technical supervision over social workers in other government settings
assistance to local government units (LGUs), non-government organizations (NGOs), other or agencies like courts, hospitals, schools and housing projects;
national government agencies (NGAs), people’s organizations (POs) and other members of h. Promote, coordinate, establish, operate and maintain support institutional
civil society in effectively implementing programs, projects, and services that will alleviate facilities, projects and services and social laboratories and learning centers for the
poverty and empower disadvantaged individuals, families and communities for an benefit of its constituents and in furtherance of social welfare and development;
improved quality of life. i. Promote, build and strengthen people’s organizations for a self-directing (welfare
and development) system at the grassroots level;
SEC. 2. Roles. To fulfill its responsibilities under this mandate, the DSWD shall serve as: j. Develop and implement training standards and programs for personnel, social
a. the lead line agency and authority in formulating national social welfare and workers and students and third-country participants for career and staff
development policies, plans, programs, and statistics, especially as these relate to development;
family development and poverty groups; k. Advocate for and disseminate information on social development issues;
b. the monitor and evaluator of the implementation of policies, plans and programs l. Provide augmentation funding and resources to partners in social welfare and
on family welfare and development and poverty alleviation efforts in the social development; and
welfare and development sector; m. Perform such other functions as may be provided by law.
c. administrator of special social services and social development funds intended to Section 4. Preparation of a Rationalization and Streamlining Plan. In view of the
assist disadvantaged individuals, families and communities; functional and operational redirections in the DSWD, and to effect efficiency and
d. innovator of new strategies on social services and development in identified effectiveness in its activities, the Department shall prepare a Rationalization and
social laboratories and learning centers; Streamlining Plan (RSP) which shall the basis of the intended changes. The RSP Plan shall
e. enabler of LGUs, NGOs, other NGAs, POs and other members of civil society in contain the following:
implementing social welfare and development programs through technical
assistance; and a. the specific shift in policy directions, functions, programs and
f. an advocate for social welfare and development concerns, to include activities/strategies;
disadvantaged families, children/youth, women, senior citizens, persons with b. the structural/organizational shift, stating the specific functions and activities by
disabilities and similarly situated individuals. organizational unit and the relationship of each of these units;
c. the staffing shift, highlighting and itemizing the existing filled and unfilled
SEC. 3 Powers and Functions. To accomplish its mandate and roles, the Department shall: positions; and
 d. the resource allocation shift, specifying the effects of the streamlined set-up on Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall
the agency budgetary allocation and indicating where possible savings have been state in an affidavit executed before the local civil registrar or any other person legally
generated; authorized to administer oaths that the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so located that there is no
means of transportation to enable such party to appear personally before the local civil
registrar and that the officer took the necessary steps to ascertain the ages and relationship
[ EXECUTIVE ORDER NO. 209 July 6, 1987 ] Title 1 Chap. 3 Sec. 39 Amended by
of the contracting parties and the absence of legal impediment to the marriage. (72a)
RA 8533
Art. 30. The original of the affidavit required in the last preceding article, together with the
THE FAMILY CODE OF THE PHILIPPINES
legible copy of the marriage contract, shall be sent by the person solemnizing the marriage
Chapter 1. Requisites of Marriage to the local civil registrar of the municipality where it was performed within the period of
thirty days after the performance of the marriage. (75a)
Art. 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is Art. 31. A marriage in articulo mortis between passengers or crew members may also be
the foundation of the family and an inviolable social institution whose nature, solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the
consequences, and incidents are governed by law and not subject to stipulation, except that plane is in flight, but also during stopovers at ports of call. (74a)
marriage settlements may fix the property relations during the marriage within the limits
Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have
provided by this Code. (52a)
authority to solemnize marriages in articulo mortis between persons within the zone of
Art. 2. No marriage shall be valid, unless these essential requisites are present: military operation, whether members of the armed forces or civilians. (74a)

1. Legal capacity of the contracting parties who must be a male and a female; and Art. 33. Marriages among Muslims or among members of the ethnic cultural communities
may be performed validly without the necessity of marriage license, provided they are
2. Consent freely given in the presence of the solemnizing officer. (53a) solemnized in accordance with their customs, rites or practices. (78a)

Art. 3. The formal requisites of marriage are: Art. 34. No license shall be necessary for the marriage of a man and a woman who have
lived together as husband and wife for at least five years and without any legal impediment
1. Authority of the solemnizing officer; to marry each other. The contracting parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer oaths. The solemnizing officer shall also
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and state under oath that he ascertained the qualifications of the contracting parties are found no
3. A marriage ceremony which takes place with the appearance of the contracting parties legal impediment to the marriage. (76a)
before the solemnizing officer and their personal declaration that they take each other as Chapter 3. Void and Voidable Marriages
husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)
Art. 35. The following marriages shall be void from the beginning:
Chapter 2. Marriages Exempted from License Requirement
1. Those contracted by any party below eighteen years of age even with the consent of
Art. 27. In case either or both of the contracting parties are at the point of death, the parents or guardians;
marriage may be solemnized without necessity of a marriage license and shall remain valid
even if the ailing party subsequently survives. (72a) 2. Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
Art. 28. If the residence of either party is so located that there is no means of transportation solemnizing officer had the legal authority to do so;
to enable such party to appear personally before the local civil registrar, the marriage may
be solemnized without necessity of a marriage license. (72a) 3. Those solemnized without license, except those covered the preceding Chapter;

4. Those bigamous or polygamous marriages not failing under Article 41;

5. Those contracted through mistake of one contracting party as to the identity of the other; 3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
and the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

6. Those subsequent marriages that are void under Article 53. 4. Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned;
Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, 5. Drug addiction or habitual alcoholism of the respondent;
shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227) 6. Lesbianism or homosexuality of the respondent;

Art. 37. Marriages between the following are incestuous and void from the beginning, 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
whether relationship between the parties be legitimate or illegitimate: Philippines or abroad;

1. Between ascendants and descendants of any degree; and 8. Sexual infidelity or perversion;

2. Between brothers and sisters, whether of the full or half blood. (81a) 9. Attempt by the respondent against the life of the petitioner; or

Art. 38. The following marriages shall be void from the beginning for reasons of public 10. Abandonment of petitioner by respondent without justifiable cause for more than one
policy: year.

1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth For purposes of this Article, the term “child” shall include a child by nature or by adoption.
civil degree; (9a)

2. Between step-parents and step-children; Chapter 2. Substitute and Special Parental Authority

3. Between parents-in-law and children-in-law; Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may
be legitimate or illegitimate. (n)
4. Between the adopting parent and the adopted child;
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
5. Between the surviving spouse of the adopting parent and the adopted child;
Children conceived as a result of artificial insemination of the wife with the sperm of the
6. Between the surviving spouse of the adopted child and the adopter; husband or that of a donor or both are likewise legitimate children of the husband and his
wife, provided, that both of them authorized or ratified such insemination in a written
7. Between an adopted child and a legitimate child of the adopter; instrument executed and signed by them before the birth of the child. The instrument shall
be recorded in the civil registry together with the birth certificate of the child. (55a, 258a)
8. Between adopted children of the same adopter; and
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless
9. Between parties where one, with the intention to marry the other, killed that other
otherwise provided in this Code. (n)
person’s spouse, or his or her own spouse. (82)
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time
Art. 55. A petition for legal separation may be filed on any of the following grounds:
of the conception of the former, were not disqualified by any impediment to marry each
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a other may be legitimated. (269a)
common child, or a child of the petitioner;
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
2. Physical violence or moral pressure to compel the petitioner to change religious or The annulment of a viodable marriage shall not affect the legitimation. (270a)
political affiliation;
Art. 211. The father and the mother shall jointly exercise parental authority over the AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO
persons of their common children. In case of disagreement, the father's decision shall PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE
prevail, unless there is a judicial order to the contrary. FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Art. 216. In default of parents or a judicially appointed guardian, the following person shall Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code
exercise substitute parental authority over the child in the order indicated: of the Philippines", as amended, is hereby further amended to read as follows:

1. The surviving grandparent, as provided in Art. 214; "Art. 177. Children conceived and born outside of wedlock of parents who, at the time of
conception of the former, were not disqualified by any impediment to marry each other, or
2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; were so disqualified only because either or both of them were below eighteen (18) years of
and age, may be legitimated."
3. The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. "Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation."
Whenever the appointment or a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (349a, 351a, 354a) Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the
chairpersons of the Committee on Revision of Laws of the House of Representatives and
the Committee on Youth, Women and Family Relations of the Senate, the Council for the
Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs
(DFA), the office of the Supreme Court Administrator, the Philippine Association of Civil
[ REPUBLIC ACT NO. 8533, FEBRUARY 23, 1998 ] Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the
effective implementation of this Act not later than one (1) month from its effectivity.
AN ACT AMENDING TITLE I, CHAPTER 3, ARTICLE 39 OF EXECUTIVE ORDER
NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, Section 3. Repealing Clause. – All laws, presidential decrees, executive orders,
NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES proclamations and/or administrative regulations which are inconsistent with the provisions
GROUNDED ON PSYCHOLOGICAL INCAPACITY of this Act are hereby amended, modified, superseded or repealed accordingly.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
assembled: publication in the Official Gazette or in at least two (2) newspapers of national circulation.
Approved.
Section 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as
the Family Code of the Philippines, is hereby amended to read as follows:

"TITLE I – MARRIAGE [ Republic Act No. 8369, October 28, 1997 ]

"CHAPTER 3 – VOID AND VOIDABLE MARRIAGES AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE
ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING
"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF
not prescribe." 1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 2. Effectivity clause. – This Act shall take effect after fifteen (15) days following its Be it enacted by the Senate and House of Representatives of the Philippines in Congress
publication in the Official Gazette or in two (2) newspapers of general circulation. assembled:

Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
[ Republic Act No. 9858, Tuesday, October 2, 2012 ]
Section 2. Statement of National Policies. - The State shall protect the rights and promote d) Complaints for annulment of marriage, declaration of nullity of marriage and those
the welfare of children in keeping with the mandate of the Constitution and the precepts of relating to marital status and property relations of husband and wife or those living together
the United Nations Convention on the rights of the Child. The State shall provide a system under different status and agreements, and petitions for dissolution of conjugal partnership
of adjudication for youthful offenders which takes into account their peculiar of gains;
circumstances.
e) Petitions for support and/or acknowledgment;
The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the f) Summary judicial proceedings brought under the provisions of Executive Order No. 209,
family, provide procedures for the reconciliation of spouses and the amicable settlement of otherwise known as the "Family Code of the Philippines";
family controversy.
g) Petitions for declaration of status of children as abandoned, dependent o neglected
Section 3. Establishment of Family Courts. - There shall be established a Family Court in children, petitions for voluntary or involuntary commitment of children; the suspension,
every province and city in the country. In case where the city is the capital of the province, termination, or restoration of parental authority and other cases cognizable under
the Family Court shall be established in the municipality which has the highest population. Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related
laws;
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa
Blg. 129, as amended, is hereby further amended to read as follows; h) Petitions for the constitution of the family home;

"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
Presiding Judge of the Family Court unless he is a natural-born citizen of the Philippines, at
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
practice of law in the Philippines or has held a public office in the Philippines requiring
Republic Act No. 7658; and
admission to the practice of law as indispensable requisite.
k) Cases of domestic violence against:
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience and 1) Women - which are acts of gender based violence that results, or are likely to result in
demonstrated ability in dealing with child and family cases. physical, sexual or psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman's personhood,
"The Supreme Court shall provide a continuing education program on child and family
integrity and freedom movement; and
laws, procedure and other related disciplines to judges and personnel of such courts."
2) Children - which include the commission of all forms of abuse, neglect, cruelty,
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original
exploitation, violence, and discrimination and all other conditions prejudicial to their
jurisdiction to hear and decide the following cases:
development.
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
not less than nine (9) years of age but not less than nine (9) years of age or where one or
proceedings and the corresponding penalties.
more of the victims is a minor at the time of the commission of the offense: Provided, That
if the minor is found guilty, the court shall promulgate sentence and ascertain any civil If any question involving any of the above matters should arise as an incident in any case
liability which the accused may have incurred. pending in the regular courts, said incident shall be determined in that court.
The sentence, however, shall be suspended without need of application pursuant to Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent
Presidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code"; (10%) of their income derived from filing and other court fees under Rule 141 of the Rules
of Court for research and other operating expenses including capital outlay: Provided, That
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
this benefit shall likewise be enjoyed by all courts of justice.
c) Petitions for adoption of children and the revocation thereof;
The Supreme Court shall promulgate the necessary guidelines to effectively implement the the Supreme Court due to the limited number of cases, the DSWD shall designate and
provisions of this Sec. assign qualified, trained, and DSWD accredited social workers of the local government
units to handle juvenile and family cases filed in the designated Regional Trial Court of the
Section 7. Special Provisional Remedies. - In cases of violence among immediate family place.
members living in the same domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon verified application by the Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of
complainant or the victim for relief from abuse. the child and family cases shall be treated in a manner consistent with the promotion of the
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
The court may order the temporary custody of children in all civil actions for their custody. proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity
The court may also order support pendente lite, including deduction from the salary and use of parties shall not be divulged unless necessary and with authority of the judge.
of conjugal home and other properties in all civil actions for support.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall rules of procedure for the transfer of cases to the new courts during the transition period
have direct control and supervision of the youth detention home which the local and for the disposition of family cases with the best interests of the child and the protection
government unit shall establish to separate the youth offenders from adult criminals: of the family as primary consideration taking into account the United Nations Convention
Provided, however, That alternatives to detention and institutional care shall be made on the Rights of the Child.
available to the accused including counseling, recognizance, bail, community continuum,
or diversions from the justice system: Provided, further, That the human rights of the Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
accused are fully respected in a manner appropriate to their well-being. manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe
Department of Social Welfare and Development (DSWD), a Social Services and Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
Counseling Division (SSCD) shall be established in each judicial region as the Supreme shall be included in the General Appropriations Act of the year following in its enactment
Court shall deem necessary based on the number of juvenile and family cases existing in into law and thereafter.
such jurisdiction. It shall provide appropriate social services to all juvenile and family cases
filed with the court and recommend the proper social action. It shall also develop programs, Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
formulate uniform policies and procedures, and provide technical supervision and with the DSWD, shall formulate the necessary rules and regulations for the effective
monitoring of all SSCD in coordination with the judge. implementation of the social aspects of this Act.

Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
composed of qualified social workers and other personnel with academic preparation in Supreme Court shall designate from among the branches ofthe Regional Trial Court at least
behavioral sciences to carry out the duties'of conducting intake assessment, social case one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
studies, casework and counseling, and othersocial services that may be needed in Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan,
connection with cases filed with the court: Provided, however, That in adoption cases and San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
in petitions for declaration of abandonment, the case studies may be prepared by social Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
workers of duly licensed child caring or child placement agencies, or the DSWD. When Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
warranted, the division shall recommend that the court avail itself of consultative services such other places as the Supreme Court may deem necessary.
of psychiatrists, psychologists, and other qualified specialists presently employed in other
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
departments of the government in connection with its cases.
when their dockets permit: Provided, That such additional cases shall not be heard on the
The position of Social Work Adviser shall be created under the Office of the Court same day family cases are heard.
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas adjudicated by the Regional Trial Court.
where no Family Court has been established or no Regional Trial Court was designated by
Section 18. Separability Clause. - In case any provision of this Act is declared (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
unconstitutional, the other provisions shall remain in effect. mental incapacity of spouse as certified by a public medical practitioner;

Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly. de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with
the custody of the children;
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation. (6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as he/she is
entrusted with the custody of the children;
[ REPUBLIC ACT NO. 8972 ] (7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND
THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER (8) Unmarried mother/father who has preferred to keep and rear her/his child/children
PURPOSES instead of having others care for them or give them up to a welfare institution.
Be it enacted by the Senate and House of Representatives of the Philippines Congress (9) Any other person who solely provides parental care and support to a child or children;
assembled:
(10) Any family member who assumes the responsibility of head of family as a result of the
Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000." death, abandonment, disappearance or prolonged absence of the parents or solo parent.
Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the A change in the status or circumstance of the parent claiming benefits under this Act, such
foundation of the nation, strengthen its solidarity and ensure its total development. Towards that he/she is no longer left alone with the responsibility of parenthood, shall terminate
this end, it shall develop a comprehensive program of services for solo parents and their his/her eligibility for these benefits.
children to be carried out by the Department of Social Welfare and Development (DSWD),
the Department of Health (DOH), the Department of Education, Culture and Sports (b) "Children" - refer to those living with and dependent upon the solo parent for support
(DECS), the Department of the Interior and Local Government (DILG), the Commission on who are unmarried, unemployed and not more than eighteen (18) years of age, or even over
Higher Education (CHED), the Technical Education and Skills Development Authority eighteen (18) years but are incapable of self-support because of mental and/or physical
(TESDA), the National Housing Authority (NHA), the Department of Labor and defect/disability.
Employment (DOLE) and other related government and nongovernment agencies.
(c) "Parental responsibility" - with respect to their minor children shall refer to the rights
Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended,
as follows: otherwise known as the "Family Code of the Philippines."

(a) "Solo parent" - any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even (d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her
without a final conviction of the offender: Provided, That the mother keeps and raises the to perform parental duties and responsibilities where physical presence is required.
child;
(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary
(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse; his/her arrival and departure time without affecting the core work hours as defined by the
employer.
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year; Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile
falls below the poverty threshold as set by the National Economic and Development
Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be (1) Scholarship programs for qualified solo parents and their children in institutions of
eligible for assistance: Provided, however, That any solo parent whose income is above the basic, tertiary and technical/skills education; and
poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.
(2) Nonformal education programs appropriate for solo parents and their children.
Section 5. Comprehensive Package of Social Development and Welfare Services. - A
comprehensive package of social development and welfare services for solo parents and The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, implementation of this program.
NHA and DILG, in coordination with local government units and a nongovernmental
Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects
organization with proven track record in providing services for solo parents.
and shall be provided with liberal terms of payment on said government low-cost housing
The DSWD shall coordinate with concerned agencies the implementation of the projects in accordance with housing law provisions prioritizing applicants below the
comprehensive package of social development and welfare services for solo parents and poverty line as declared by the NEDA.
their families. The package will initially include:
Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care
(a) Livelihood development services which include trainings on livelihood skills, basic program for solo parents and their children. The program shall be implemented by the DOH
business management, value orientation and the provision of seed capital or job placement. through their retained hospitals and medical centers and the local government units (LGUs)
through their provincial/district/city/municipal hospitals and rural health units (RHUs).
(b) Counseling services which include individual, peer group or family counseling. This
will focus on the resolution of personal relationship and role conflicts. Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform
the following additional powers and functions relative to the welfare of solo parents and
(c) Parent effectiveness services which include the provision and expansion of knowledge their families:
and skills of the solo parent on early childhood development, behavior management, health
care, rights and duties of parents and children. (a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents;
(2) define executive and legislative measures needed to promote and protect the interest of
(d) Critical incidence stress debriefing which includes preventive stress management solo parents and their children; and (3) assess the effectiveness of programs designed for
strategy designed to assist solo parents in coping with crisis situations and cases of abuse. disadvantaged solo parents and their children;

(e) Special projects for individuals in need of protection which include temporary shelter, (b) Coordinate the activities of various governmental and nongovernmental organizations
counseling, legal assistance, medical care, self-concept or ego-building, crisis management engaged in promoting and protecting the interests of solo parents and their children; and
and spiritual enrichment.
(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working which such provisions are effectively implemented.
schedule for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above Section 13. Implementing Rules and Regulations. - An interagency committee headed by
requirements from the DOLE on certain meritorious grounds. the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and
DILG is hereby established which shall formulate, within ninety (90) days upon the
Section 7. Work Discrimination. - No employer shall discriminate against any solo parent effectivity of this Act, the implementing rules and regulations in consultation with the local
employee with respect to terms and conditions of employment on account of his/her status. government units, nongovernment organizations and people's organizations.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act
leave of not more than seven (7) working days every year shall be granted to any solo shall be included in the budget of concerned government agencies in the General
parent employee who has rendered service of at least one (1) year. Appropriations Act of the year following its enactment into law and thereafter.1awphil.net

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders
following benefits and privileges: or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
Section 16. Separability Clause. - If any provision of this Act is held invalid or The State recognizes marriage as an inviolable social institution and the foundation of the
unconstitutional, other provisions not affected thereby shall continue to be in full force and family which in turn is the foundation of the nation. Pursuant thereto, the State shall
effect. defend:

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its (a) The right of spouses to found a family in accordance with their religious convictions
complete publication in the Official Gazette or in at least two (2) newspaper of general and the demands of responsible parenthood;
circulation.
(b) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;
[ REPUBLIC ACT NO. 10354 ]
(c) The right of the family to a family living wage and income; and
AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE
PARENTHOOD AND REPRODUCTIVE HEALTH (d) The right of families or family associations to participate in the planning and
implementation of policies and programs
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled: The State likewise guarantees universal access to medically-safe, non-abortifacient,
effective, legal, affordable, and quality reproductive health care services, methods, devices,
Section 1. Title. – This Act shall be known as "The Responsible Parenthood and supplies which do not prevent the implantation of a fertilized ovum as determined by the
Reproductive Health Act of 2012″. Food and Drug Administration (FDA) and relevant information and education thereon
according to the priority needs of women, children and other underprivileged sectors,
giving preferential access to those identified through the National Household Targeting
Section 2. Declaration of Policy. – The State recognizes and guarantees the human rights System for Poverty Reduction (NHTS-PR) and other government measures of identifying
of all persons including their right to equality and nondiscrimination of these rights, the marginalization, who shall be voluntary beneficiaries of reproductive health care, services
right to sustainable human development, the right to health which includes reproductive and supplies for free.
health, the right to education and information, and the right to choose and make decisions
The State shall eradicate discriminatory practices, laws and policies that infringe on a
for themselves in accordance with their religious convictions, ethics, cultural beliefs, and
person’s exercise of reproductive health rights.
the demands of responsible parenthood.
The State shall also promote openness to life; Provided, That parents bring forth to the
Pursuant to the declaration of State policies under Section 12, Article II of the 1987
world only those children whom they can raise in a truly humane way.
Philippine Constitution, it is the duty of the State to protect and strengthen the family as a
basic autonomous social institution and equally protect the life of the mother and the life of Section 3. Guiding Principles for Implementation. – This Act declares the following as
the unborn from conception. The State shall protect and promote the right to health of guiding principles:
women especially mothers in particular and of the people in general and instill health
consciousness among them. The family is the natural and fundamental unit of society. The (a) The right to make free and informed decisions, which is central to the exercise of any
State shall likewise protect and advance the right of families in particular and the people in right, shall not be subjected to any form of coercion and must be fully guaranteed by the
general to a balanced and healthful environment in accord with the rhythm and harmony of State, like the right itself;
nature. The State also recognizes and guarantees the promotion and equal protection of the
welfare and rights of children, the youth, and the unborn. (b) Respect for protection and fulfillment of reproductive health and rights which seek to
promote the rights and welfare of every person particularly couples, adult individuals,
Moreover, the State recognizes and guarantees the promotion of gender equality, gender women and adolescents;
equity, women empowerment and dignity as a health and human rights concern and as a
social responsibility. The advancement and protection of women’s human rights shall be (c) Since human resource is among the principal assets of the country, effective and quality
central to the efforts of the State to address reproductive health care. reproductive health care services must be given primacy to ensure maternal and child
health, the health of the unborn, safe delivery and birth of healthy children, and sound
replacement rate, in line with the State’s duty to promote the right to health, responsible (i) Active participation by nongovernment organizations (NGOs), women’s and people’s
parenthood, social justice and full human development; organizations, civil society, faith-based organizations, the religious sector and communities
is crucial to ensure that reproductive health and population and development policies,
(d) The provision of ethical and medically safe, legal, accessible, affordable, non- plans, and programs will address the priority needs of women, the poor, and the
abortifacient, effective and quality reproductive health care services and supplies is marginalized;
essential in the promotion of people’s right to health, especially those of women, the poor,
and the marginalized, and shall be incorporated as a component of basic health care; (j) While this Act recognizes that abortion is illegal and punishable by law, the government
shall ensure that all women needing care for post-abortive complications and all other
(e) The State shall promote and provide information and access, without bias, to all complications arising from pregnancy, labor and delivery and related issues shall be treated
methods of family planning, including effective natural and modern methods which have and counseled in a humane, nonjudgmental and compassionate manner in accordance with
been proven medically safe, legal, non-abortifacient, and effective in accordance with law and medical ethics;
scientific and evidence-based medical research standards such as those registered and
approved by the FDA for the poor and marginalized as identified through the NHTS-PR (k) Each family shall have the right to determine its ideal family size: Provided, however,
and other government measures of identifying marginalization: Provided, That the State That the State shall equip each parent with the necessary information on all aspects of
shall also provide funding support to promote modern natural methods of family planning, family life, including reproductive health and responsible parenthood, in order to make that
especially the Billings Ovulation Method, consistent with the needs of acceptors and their determination;
religious convictions;
(l) There shall be no demographic or population targets and the mitigation, promotion
(f) The State shall promote programs that: (1) enable individuals and couples to have the and/or stabilization of the population growth rate is incidental to the advancement of
number of children they desire with due consideration to the health, particularly of women, reproductive health;
and the resources available and affordable to them and in accordance with existing laws,
public morals and their religious convictions: Provided, That no one shall be deprived, for (m) Gender equality and women empowerment are central elements of reproductive health
economic reasons, of the rights to have children; (2) achieve equitable allocation and and population and development;
utilization of resources; (3) ensure effective partnership among national government, local
(n) The resources of the country must be made to serve the entire population, especially the
government units (LGUs) and the private sector in the design, implementation,
poor, and allocations thereof must be adequate and effective: Provided, That the life of the
coordination, integration, monitoring and evaluation of people-centered programs to
unborn is protected;
enhance the quality of life and environmental protection; (4) conduct studies to analyze
demographic trends including demographic dividends from sound population policies (o) Development is a multi-faceted process that calls for the harmonization and integration
towards sustainable human development in keeping with the principles of gender equality, of policies, plans, programs and projects that seek to uplift the quality of life of the people,
protection of mothers and children, born and unborn and the promotion and protection of more particularly the poor, the needy and the marginalized; and
women’s reproductive rights and health; and (5) conduct scientific studies to determine the
safety and efficacy of alternative medicines and methods for reproductive health care (p) That a comprehensive reproductive health program addresses the needs of people
development; throughout their life cycle.
(g) The provision of reproductive health care, information and supplies giving priority to Section 4. Definition of Terms. – For the purpose of this Act, the following terms shall be
poor beneficiaries as identified through the NHTS-PR and other government measures of defined as follows:
identifying marginalization must be the primary responsibility of the national government
consistent with its obligation to respect, protect and promote the right to health and the (a) Abortifacient refers to any drug or device that induces abortion or the destruction of a
right to life; fetus inside the mother’s womb or the prevention of the fertilized ovum to reach and be
implanted in the mother’s womb upon determination of the FDA.
(h) The State shall respect individuals’ preferences and choice of family planning methods
that are in accordance with their religious convictions and cultural beliefs, taking into (b) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years
consideration the State’s obligations under various human rights instruments; who are in transition from childhood to adulthood.
(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving (j) Maternal death review refers to a qualitative and in-depth study of the causes of
services for emergency maternal and newborn conditions/complications being provided by maternal death with the primary purpose of preventing future deaths through changes or
a health facility or professional to include the following services: administration of additions to programs, plans and policies.
parenteral oxytocic drugs, administration of dose of parenteral anticonvulsants,
administration of parenteral antibiotics, administration of maternal steroids for preterm (k) Maternal health refers to the health of a woman of reproductive age including, but not
labor, performance of assisted vaginal deliveries, removal of retained placental products, limited to, during pregnancy, childbirth and the postpartum period.
and manual removal of retained placenta. It also includes neonatal interventions which
(l) Modern methods of family planning refers to safe, effective, non-abortifacient and legal
include at the minimum: newborn resuscitation, provision of warmth, and referral, blood
methods, whether natural or artificial, that are registered with the FDA, to plan pregnancy.
transfusion where possible.
(m) Natural family planning refers to a variety of methods used to plan or prevent
(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to
pregnancy based on identifying the woman’s fertile days.
lifesaving services for emergency maternal and newborn conditions/complications as in
Basic Emergency Obstetric and Newborn Care plus the provision of surgical delivery (n) Public health care service provider refers to: (1) public health care institution, which is
(caesarian section) and blood bank services, and other highly specialized obstetric duly licensed and accredited and devoted primarily to the maintenance and operation of
interventions. It also includes emergency neonatal care which includes at the minimum: facilities for health promotion, disease prevention, diagnosis, treatment and care of
newborn resuscitation, treatment of neonatal sepsis infection, oxygen support, and antenatal individuals suffering from illness, disease, injury, disability or deformity, or in need of
administration of (maternal) steroids for threatened premature delivery. obstetrical or other medical and nursing care; (2) public health care professional, who is a
doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery
(e) Family planning refers to a program which enables couples and individuals to decide
of health care services; or (4) barangay health worker who has undergone training programs
freely and responsibly the number and spacing of their children and to have the information
under any accredited government and NGO and who voluntarily renders primarily health
and means to do so, and to have access to a full range of safe, affordable, effective, non-
care services in the community after having been accredited to function as such by the local
abortifacient modem natural and artificial methods of planning pregnancy.
health board in accordance with the guideline’s promulgated by the Department of Health
(f) Fetal and infant death review refers to a qualitative and in-depth study of the causes of (DOH).
fetal and infant death with the primary purpose of preventing future deaths through changes
(o) Poor refers to members of households identified as poor through the NHTS-PR by the
or additions to programs, plans and policies.
Department of Social Welfare and Development (DSWD) or any subsequent system used
(g) Gender equality refers to the principle of equality between women and men and equal by the national government in identifying the poor.
rights to enjoy conditions in realizing their full human potentials to contribute to, and
(p) Reproductive Health (RH) refers to the state of complete physical, mental and social
benefit from, the results of development, with the State recognizing that all human beings
well-being and not merely the absence of disease or infirmity, in all matters relating to the
are free and equal in dignity and rights. It entails equality in opportunities, in the allocation
reproductive system and to its functions and processes. This implies that people are able to
of resources or benefits, or in access to services in furtherance of the rights to health and
have a responsible, safe, consensual and satisfying sex life, that they have the capability to
sustainable human development among others, without discrimination.
reproduce and the freedom to decide if, when, and how often to do so. This further implies
(h) Gender equity refers to the policies, instruments, programs and actions that address the that women and men attain equal relationships in matters related to sexual relations and
disadvantaged position of women in society by providing preferential treatment and reproduction.
affirmative action. It entails fairness and justice in the distribution of benefits and
(q) Reproductive health care refers to the access to a full range of methods, facilities,
responsibilities between women and men, and often requires women-specific projects and
services and supplies that contribute to reproductive health and well-being by addressing
programs to end existing inequalities. This concept recognizes that while reproductive
reproductive health-related problems. It also includes sexual health, the purpose of which is
health involves women and men, it is more critical for women’s health.
the enhancement of life and personal relations. The elements of reproductive health care
(i) Male responsibility refers to the involvement, commitment, accountability and include the following:
responsibility of males in all areas of sexual health and reproductive health, as well as the
care of reproductive health concerns specific to men.
 1. Family planning information and services which shall include as a first priority (w) Sexual health refers to a state of physical, mental and social well-being in relation to
making women of reproductive age fully aware of their respective cycles to make sexuality. It requires a positive and respectful approach to sexuality and sexual
them aware of when fertilization is highly probable, as well as highly improbable; relationships, as well as the possibility of having pleasurable and safe sexual experiences,
2. Maternal, infant and child health and nutrition, including breastfeeding; free from coercion, discrimination and violence.
3. Proscription of abortion and management of abortion complications;
4. Adolescent and youth reproductive health guidance and counseling; (x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or
5. Prevention, treatment and management of reproductive tract infections (RTIs), passed on through sexual contact, use of IV, intravenous drug needles, childbirth and
HIV and AIDS and other sexually transmittable infections (STIs); breastfeeding.
6. Elimination of violence against women and children and other forms of sexual
(y) Skilled birth attendance refers to childbirth managed by a skilled health professional
and gender-based violence;
including the enabling conditions of necessary equipment and support of a functioning
7. Education and counseling on sexuality and reproductive health;
health system, including transport and referral faculties for emergency obstetric care.
8. Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders; (z) Skilled health professional refers to a midwife, doctor or nurse, who has been educated
9. Male responsibility and involvement and men’s reproductive health; and trained in the skills needed to manage normal and complicated pregnancies, childbirth
10. Prevention, treatment and management of infertility and sexual dysfunction; and the immediate postnatal period, and in the identification, management and referral of
11. Reproductive health education for the adolescents; and complications in women and newborns.
12. Mental health aspect of reproductive health care.
(aa) Sustainable human development refers to bringing people, particularly the poor and
(r) Reproductive health care program refers to the systematic and integrated provision of vulnerable, to the center of development process, the central purpose of which is the
reproductive health care to all citizens prioritizing women, the poor, marginalized and those creation of an enabling environment in which all can enjoy long, healthy and productive
invulnerable or crisis situations. lives, done in the manner that promotes their rights and protects the life opportunities of
future generations and the natural ecosystem on which all life depends.
(s) Reproductive health rights refers to the rights of individuals and couples, to decide
freely and responsibly whether or not to have children; the number, spacing and timing of Section 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled
their children; to make other decisions concerning reproduction, free of discrimination, Birth Attendance. – The LGUs shall endeavor to hire an adequate number of nurses,
coercion and violence; to have the information and means to do so; and to attain the highest midwives and other skilled health professionals for maternal health care and skilled birth
standard of sexual health and reproductive health: Provided, however, That reproductive attendance to achieve an ideal skilled health professional-to-patient ratio taking into
health rights do not include abortion, and access to abortifacients. consideration DOH targets: Provided, That people in geographically isolated or highly
populated and depressed areas shall be provided the same level of access to health care:
(t) Reproductive health and sexuality education refers to a lifelong learning process of
Provided, further, That the national government shall provide additional and necessary
providing and acquiring complete, accurate and relevant age- and development-appropriate
funding and other necessary assistance for the effective implementation of this provision.
information and education on reproductive health and sexuality through life skills education
and other approaches. For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving
drugs such as, but not limited to, oxytocin and magnesium sulfate, in accordance with the
(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and
guidelines set by the DOH, under emergency conditions and when there are no physicians
other types of infections affecting the reproductive system.
available: Provided, That they are properly trained and certified to administer these
(v) Responsible parenthood refers to the will and ability of a parent to respond to the needs lifesaving drugs.
and aspirations of the family and children. It is likewise a shared responsibility between
Section 6. Health Care Facilities. – Each LGU, upon its determination of the necessity
parents to determine and achieve the desired number of children, spacing and timing of
based on well-supported data provided by its local health office shall endeavor to establish
their children according to their own family life aspirations, taking into account
or upgrade hospitals and facilities with adequate and qualified personnel, equipment and
psychological preparedness, health status, sociocultural and economic concerns consistent
supplies to be able to provide emergency obstetric and newborn care: Provided, That people
with their religious convictions.
in geographically isolated or highly populated and depressed areas shall have the same
level of access and shall not be neglected by providing other means such as home visits or
mobile health care clinics as needed: Provided, further, That the national government shall Section 10. Procurement and Distribution of Family Planning Supplies. – The DOH shall
provide additional and necessary funding and other necessary assistance for the effective procure, distribute to LGUs and monitor the usage of family planning supplies for the
implementation of this provision. whole country. The DOH shall coordinate with all appropriate local government bodies to
plan and implement this procurement and distribution program. The supply and budget
Section 7. Access to Family Planning. – All accredited public health facilities shall provide allotments shall be based on, among others, the current levels and projections of the
a full range of modern family planning methods, which shall also include medical following:
consultations, supplies and necessary and reasonable procedures for poor and marginalized
couples having infertility issues who desire to have children: Provided, That family a) Number of women of reproductive age and couples who want to space or limit
planning services shall likewise be extended by private health facilities to paying patients their children;
with the option to grant free care and services to indigents, except in the case of non- b) Contraceptive prevalence rate, by type of method used; and
maternity specialty hospitals and hospitals owned and operated by a religious group, but c) Cost of family planning supplies.
they have the option to provide such full range of modern family planning methods:
Provided, further, That these hospitals shall immediately refer the person seeking such care Provided, That LGUs may implement its own procurement, distribution and monitoring
and services to another health facility which is conveniently accessible: Provided, finally, program consistent with the overall provisions of this Act and the guidelines of the DOH.
That the person is not in an emergency condition or serious case as defined in Republic Act
Section 11. Integration of Responsible Parenthood and Family Planning Component in
No. 8344.
Anti-Poverty Programs. – A multidimensional approach shall be adopted in the
No person shall be denied information and access to family planning services, whether implementation of policies and programs to fight poverty. Towards this end, the DOH shall
natural or artificial: Provided, That minors will not be allowed access to modern methods of implement programs prioritizing full access of poor and marginalized women as identified
family planning without written consent from their parents or guardian/s except when the through the NHTS-PR and other government measures of identifying marginalization to
minor is already a parent or has had a miscarriage. reproductive health care, services, products and programs. The DOH shall provide such
programs, technical support, including capacity building and monitoring.
Section 8. Maternal Death Review and Fetal and Infant Death Review. – All LGUs,
national and local government hospitals, and other public health units shall conduct an Section 12. PhilHealth Benefits for Serious and Life-Threatening Reproductive Health
annual Maternal Death Review and Fetal and Infant Death Review in accordance with the Conditions. – All serious and life-threatening reproductive health conditions such as HIV
guidelines set by the DOH. Such review should result in an evidence-based programming and AIDS, breast and reproductive tract cancers, and obstetric complications, and
and budgeting process that would contribute to the development of more responsive menopausal and post-menopausal-related conditions shall be given the maximum benefits,
reproductive health services to promote women’s health and safe motherhood. including the provision of Anti-Retroviral Medicines (ARVs), as provided in the guidelines
set by the Philippine Health Insurance Corporation (PHIC).
Section 9. The Philippine National Drug Formulary System and Family Planning Supplies.
– The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, Section 13. Mobile Health Care Service. – The national or the local government may
injectables and other safe, legal, non-abortifacient and effective family planning products provide each provincial, city, municipal and district hospital with a Mobile Health Care
and supplies. The Philippine National Drug Formulary System (PNDFS) shall be observed Service (MHCS) in the form of a van or other means of transportation appropriate to its
in selecting drugs including family planning supplies that will be included or removed from terrain, taking into consideration the health care needs of each LGU. The MHCS shall
the Essential Drugs List (EDL) in accordance with existing practice and in consultation deliver health care goods and services to its constituents, more particularly to the poor and
with reputable medical associations in the Philippines. For the purpose of this Act, any needy, as well as disseminate knowledge and information on reproductive health. The
product or supply included or to be included in the EDL must have a certification from the MHCS shall be operated by skilled health providers and adequately equipped with a wide
FDA that said product and supply is made available on the condition that it is not to be used range of health care materials and information dissemination devices and equipment, the
as an abortifacient. latter including, but not limited to, a television set for audio-visual presentations. All
MHCS shall be operated by LGUs of provinces and highly urbanized cities.
These products and supplies shall also be included in the regular purchase of essential
medicines and supplies of all national hospitals: Provided, further, That the foregoing Section 14. Age- and Development-Appropriate Reproductive Health Education. – The
offices shall not purchase or acquire by any means emergency contraceptive pills, postcoital State shall provide age- and development-appropriate reproductive health education to
pills, abortifacients that will be used for such purpose and their other forms or equivalent. adolescents which shall be taught by adequately trained teachers informal and nonformal
educational system and integrated in relevant subjects such as, but not limited to, values b. Adapting examination tables and other laboratory procedures to the needs and
formation; knowledge and skills in self-protection against discrimination; sexual abuse and conditions of PWDs;
violence against women and children and other forms of gender based violence and teen c. Increasing access to information and communication materials on sexual and
pregnancy; physical, social and emotional changes in adolescents; women’s rights and reproductive health in braille, large print, simple language, sign language and
children’s rights; responsible teenage behavior; gender and development; and responsible pictures;
parenthood: Provided, That flexibility in the formulation and adoption of appropriate course d. Providing continuing education and inclusion of rights of PWDs among health
content, scope and methodology in each educational level or group shall be allowed only care providers; and
after consultations with parents-teachers-community associations, school officials and other e. Undertaking activities to raise awareness and address misconceptions among the
interest groups. The Department of Education (DepED) shall formulate a curriculum which general public on the stigma and their lack of knowledge on the sexual and
shall be used by public schools and may be adopted by private schools. reproductive health needs and rights of PWDs.

Section 15. Certificate of Compliance. – No marriage license shall be issued by the Local Section 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the
Civil Registrar unless the applicants present a Certificate of Compliance issued for free by DOH shall serve as the lead agency for the implementation of this Act and shall integrate in
the local Family Planning Office certifying that they had duly received adequate their regular operations the following functions:
instructions and information on responsible parenthood, family planning, breastfeeding and
infant nutrition.

Section 16. Capacity Building of Barangay Health Workers (BHWs). – The DOH shall be 1. Fully and efficiently implement the reproductive health care program;
responsible for disseminating information and providing training programs to the LGUs. 2. Ensure people’s access to medically safe, non-abortifacient, legal, quality and
The LGUs, with the technical assistance of the DOH, shall be responsible for the training of affordable reproductive health goods and services; and
BHWs and other barangay volunteers on the promotion of reproductive health. The DOH 3. Perform such other functions necessary to attain the purposes of this Act.
shall provide the LGUs with medical supplies and equipment needed by BHWs to carry out
(b) The DOH, in coordination with the PHIC, as may be applicable, shall:
their functions effectively: Provided, further, That the national government shall provide
additional and necessary funding and other necessary assistance for the effective 1. Strengthen the capacities of health regulatory agencies to ensure safe, high
implementation of this provision including the possible provision of additional honoraria quality, accessible and affordable reproductive health services and commodities
for BHWs. with the concurrent strengthening and enforcement of regulatory mandates and
mechanisms;
Section 17. Pro Bono Services for Indigent Women. – Private and nongovernment
2. Facilitate the involvement and participation of NGOs and the private sector in
reproductive healthcare service providers including, but not limited to, gynecologists and
reproductive health care service delivery and in the production, distribution and
obstetricians, are encouraged to provide at least forty-eight (48) hours annually of
delivery of quality reproductive health and family planning supplies and
reproductive health services, ranging from providing information and education to
commodities to make them accessible and affordable to ordinary citizens;
rendering medical services, free of charge to indigent and low-income patients as identified
3. Engage the services, skills and proficiencies of experts in natural family planning
through the NHTS-PR and other government measures of identifying marginalization,
who shall provide the necessary training for all BHWs;
especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services
4. Supervise and provide assistance to LGUs in the delivery of reproductive health
shall be included as a prerequisite in the accreditation under the PhilHealth.
care services and in the purchase of family planning goods and supplies; and
Section 18. Sexual and Reproductive Health Programs for Persons with Disabilities 5. Furnish LGUs, through their respective local health offices, appropriate
(PWDs). – The cities and municipalities shall endeavor that barriers to reproductive health information and resources to keep the latter updated on current studies and
services for PWDs are obliterated by the following: researches relating to family planning, responsible parenthood, breastfeeding and
infant nutrition.
a. Providing physical access, and resolving transportation and proximity issues to
clinics, hospitals and places where public health education is provided, (c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking
contraceptives are sold or distributed or other places where reproductive health into consideration the side effects or other harmful effects of their use.
services are provided;
(d) Corporate citizens shall exercise prudence in advertising its products or services (a) Any health care service provider, whether public or private, who shall:
through all forms of media, especially on matters relating to sexuality, further taking into
consideration its influence on children and the youth. 1. Knowingly withhold information or restrict the dissemination thereof, and/or
intentionally provide incorrect information regarding programs and services on
Section 20. Public Awareness. – The DOH and the LGUs shall initiate and sustain a reproductive health including the right to informed choice and access to a full
heightened nationwide multimedia-campaign to raise the level of public awareness on the range of legal, medically-safe, non-abortifacient and effective family planning
protection and promotion of reproductive health and rights including, but not limited to, methods;
maternal health and nutrition, family planning and responsible parenthood information and 2. Refuse to perform legal and medically-safe reproductive health procedures on
services, adolescent and youth reproductive health, guidance and counseling and other any person of legal age on the ground of lack of consent or authorization of the
elements of reproductive health care under Section 4(q). following persons in the following instances:

Education and information materials to be developed and disseminated for this purpose (i) Spousal consent in case of married persons: Provided, That in case of disagreement, the
shall be reviewed regularly to ensure their effectiveness and relevance. decision of the one undergoing the procedure shall prevail; and

Section 21. Reporting Requirements. – Before the end of April each year, the DOH shall (ii) Parental consent or that of the person exercising parental authority in the case of abused
submit to the President of the Philippines and Congress an annual consolidated report, minors, where the parent or the person exercising parental authority is the respondent,
which shall provide a definitive and comprehensive assessment of the implementation of its accused or convicted perpetrator as certified by the proper prosecutorial office of the court.
programs and those of other government agencies and instrumentalities and recommend In the case of minors, the written consent of parents or legal guardian or, in their absence,
priorities for executive and legislative actions. The report shall be printed and distributed to persons exercising parental authority or next-of-kin shall be required only in elective
all national agencies, the LGUs, NGOs and private sector organizations involved in said surgical procedures and in no case shall consent be required in emergency or serious cases
programs. as defined in Republic Act No. 8344; and

The annual report shall evaluate the content, implementation, and impact of all policies (3) Refuse to extend quality health care services and information on account of the person’s
related to reproductive health and family planning to ensure that such policies promote, marital status, gender, age, religious convictions, personal circumstances, or nature of
protect and fulfill women’s reproductive health and rights. work: Provided, That the conscientious objection of a health care service provider based on
his/her ethical or religious beliefs shall be respected; however, the conscientious objector
Section 22. Congressional Oversight Committee on Reproductive Health Act. – There is shall immediately refer the person seeking such care and services to another health care
hereby created a Congressional Oversight Committee (COC) composed of five (5) service provider within the same facility or one which is conveniently accessible: Provided,
members each from the Senate and the House of Representatives. The members from the further, That the person is not in an emergency condition or serious case as defined in
Senate and the House of Representatives shall be appointed by the Senate President and the Republic Act No. 8344, which penalizes the refusal of hospitals and medical clinics to
Speaker, respectively, with at least one (1) member representing the Minority. administer appropriate initial medical treatment and support in emergency and serious
cases;
The COC shall be headed by the respective Chairs of the Committee on Health and
Demography of the Senate and the Committee on Population and Family Relations of the (b) Any public officer, elected or appointed, specifically charged with the duty to
House of Representatives. The Secretariat of the COC shall come from the existing implement the provisions hereof, who, personally or through a subordinate, prohibits or
Secretariat personnel of the Senate and the House of Representatives committees restricts the delivery of legal and medically-safe reproductive health care services,
concerned. including family planning; or forces, coerces or induces any person to use such services; or
refuses to allocate, approve or release any budget for reproductive health care services, or
The COC shall monitor and ensure the effective implementation of this Act, recommend the
to support reproductive health programs; or shall do any act that hinders the full
necessary remedial legislation or administrative measures, and shall conduct a review of
implementation of a reproductive health program as mandated by this Act;
this Act every five (5) years from its effectivity. The COC shall perform such other duties
and functions as may be necessary to attain the objectives of tins Act. (c) Any employer who shall suggest, require, unduly influence or cause any applicant for
employment or an employee to submit himself/herself to sterilization, use any modern
Section 23. Prohibited Acts. – The following acts are prohibited:
methods of family planning, or not use such methods as a condition for employment,
continued employment, promotion or the provision of employment benefits. Further, Municipalities, together with NGOs, faith-based organizations, people’s, women’s and
pregnancy or the number of children shall not be a ground for non-hiring or termination young people’s organizations, shall jointly promulgate the rules and regulations for the
from employment; effective implementation of this Act. At least four (4) members of the IRR drafting
committee, to be selected by the DOH Secretary, shall come from NGOs.
(d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of
this Act; and Section 27. Interpretation Clause. – This Act shall be liberally construed to ensure the
provision, delivery and access to reproductive health care services, and to promote, protect
(e) Any pharmaceutical company, whether domestic or multinational, or its agents or and fulfill women’s reproductive health and rights.
distributors, which directly or indirectly colludes with government officials, whether
appointed or elected, in the distribution, procurement and/or sale by the national Section 28. Separability Clause. – If any part or provision of this Act is held invalid or
government and LGUs of modern family planning supplies, products and devices. unconstitutional, the other provisions not affected thereby shall remain in force and effect.

Section 24. Penalties. – Any violation of this Act or commission of the foregoing Section 29. Repealing Clause. – Except for prevailing laws against abortion, any law,
prohibited acts shall be penalized by imprisonment ranging from one (1) month to six (6) presidential decree or issuance, executive order, letter of instruction, administrative order,
months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos rule or regulation contrary to or is inconsistent with the provisions of this Act including
(P100,000.00), or both such fine and imprisonment at the discretion of the competent court: Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby repealed,
Provided, That, if the offender is a public officer, elected or appointed, he/she shall also modified or amended accordingly.
suffer the penalty of suspension not exceeding one (1) year or removal and forfeiture of
retirement benefits depending on the gravity of the offense after due notice and hearing by Section 30. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the appropriate body or agency. at least two (2) newspapers of general circulation.

If the offender is a juridical person, the penalty shall be imposed upon the president or any
responsible officer. An offender who is an alien shall, after service of sentence, be deported
[ Republic Act No. 9255, February 24 2004 ]
immediately without further proceedings by the Bureau of Immigration. If the offender is a
pharmaceutical company, its agent and/or distributor, their license or permit to operate or AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF
conduct business in the Philippines shall be perpetually revoked, and a fine triple the THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE
amount involved in the violation shall be imposed. ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE
PHILIPPINES"
Section 25. Appropriations. – The amounts appropriated in the current annual General
Appropriations Act (GAA) for reproductive health and natural and artificial family Be it enacted by the Senate and House of Representatives of the Philippine Congress
planning and responsible parenthood under the DOH and other concerned agencies shall be Assembled:
allocated and utilized for the implementation of this Act. Such additional sums necessary to
provide for the upgrading of faculties necessary to meet BEMONC and CEMONC SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family
standards; the training and deployment of skilled health providers; natural and artificial Code of the Philippines, is hereby amended to read as follows:
family planning commodity requirements as outlined in Section 10, and for other
reproductive health and responsible parenthood services, shall be included in the "Article 176. Illegitimate children shall use the surname and shall be under the parental
subsequent years’ general appropriations. The Gender and Development (GAD) funds of authority of their mother, and shall be entitled to support in conformity with this Code.
LGUs and national agencies may be a source of funding for the implementation of this Act. However, illegitimate children may use the surname of their father if their filiation has been
expressly recognized by the father through the record of birth appearing in the civil register,
Section 26. Implementing Rules and Regulations (IRR). – Within sixty (60) days from the or when an admission in a public document or private handwritten instrument is made by
effectivity of this Act, the DOH Secretary or his/her designated representative as the father. Provided, the father has the right to institute an action before the regular courts
Chairperson, the authorized representative/s of DepED, DSWD, Philippine Commission on to prove non-filiation during his lifetime. The legitime of each illegitimate child shall
Women, PHIC, Department of the Interior and Local Government, National Economic and consist of one-half of the legitime of a legitimate child."
Development Authority, League of Provinces, League of Cities, and League of
SECTION 2. Repealing Clause. – All laws, presidential decrees, executive orders, The following are acts of discrimination:
proclamations, rules and regulations, which are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly. (a) Payment of a lesser compensation, including wage, salary or other form of remuneration
and fringe benefits, to a female employee as against a male employee, for work of equal
SECTION 3. Effectivity Clause. – This Act shall take effect fifteen (15) days from its value; and
publication in the Official Gazette or in two (2) newspapers of general circulation.
(b) Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

CEDAW Criminal liability for the willful commission of any unlawful act as provided in this article
or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be
The CEDAW Convention is built on three foundational principles: non-discrimination, state penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of
obligation and substantive equality. any criminal action under this provision shall not bar the aggrieved employee from filing an
entirely separate and distinct action for money claims, which may include claims for
Non-discrimination is integral to the concept of equality. The Convention seeks to eliminate
damages and other affirmative reliefs. The actions hereby authorized shall proceed
discrimination against women in all fields and spheres, and holds both state and non-state
independently of each other.”
actors in the case of violation of rights.
SEC. 2. The Secretary of Labor and Employment is hereby authorized to promulgate the
State obligation embodies the elements, that is, respect, protection, promotion, and
necessary guidelines to implement this Article in accordance with the generally accepted
fulfillment of human rights. It also upholds the concept of due diligence which demands
practices and standards here and abroad.
ensuring the prevention, investigation, and sanctioning of private acts of discrimination.
The legislature, executive and judiciary organs of government are responsible for the SEC. 3. This Act shall take effect fifteen (15) days from the date of its publication in at
fulfillment of all state obligations. least two (2) national newspapers of general circulation.
Substantive equality acknowledges as products of negative female stereotypes, and
consequently seeks to eliminate discrimination at the individual, institutional, and systemic
levels through corrective and positive measures including enabling conditions and
affirmative actions. It seeks to correct imbalance and focuses on achieving “equality of
outcomes” by ensuring equal opportunities, access and benefits for women.1 [ REPUBLIC ACT No. 6955 June 13, 1990 ]

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO

WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A MAIL ORDER BASIS
[ REPUBLIC ACT NO. 6725 ] AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT,
PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND
AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION AGAINST OTHER PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND
WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF EMPLOYMENT, PROVIDING PENALTY THEREFORE
AMENDING FOR THE PURPOSE ARTICLE ONE HUNDRED THIRTY-FIVE OF THE
LABOR CODE, AS AMENDED Section 1. It is the policy of the State to ensure and guarantee the enjoyment of the people
of a decent standard of living. Towards this end, the State shall take measures to protect
SECTION 1. Article One hundred thirty-five of the Labor Code, as amended, is hereby Filipino women from being exploited in utter disregard of human dignity in their pursuit of
further amended to read as follows: economic upliftment.
Art. 135. Discrimination Prohibited.—It shall be unlawful for any employer to discriminate Section 2. Pursuant thereto, it is hereby declared unlawful:
against any woman employee with respect to terms and conditions of employment solely on
account of her sex. (a) For a person, natural or juridical, association, club or any other entity to commit,
directly or indirectly, any of the following acts:
1. To establish or carry on a business which has for its purpose the matching of Filipino 1. A substantial portion of official development assistance funds received from foreign
women for marriage to foreign nationals either on a mail-order basis or through personal governments and multilateral agencies and organizations shall be set aside and utilized by
introduction; the agencies concerned to support programs and activities for women;

2. To advertise, publish, print or distribute or cause the advertisement, publication, printing 2. All government departments shall ensure that women benefit equally and participate
or distribution of any brochure, flier, or any propaganda material calculated to promote the directly in the development programs and projects of said department, specifically those
prohibited acts in the preceding subparagraph; funded under official foreign development assistance, to ensure the full participation and
involvement of women in the development process; and
3. To solicit, enlist or in any manner attract or induce any Filipino woman to become a
member in any club or association whose objective is to match women for marriage to 3. All government departments and agencies shall review and revise all their regulations,
foreign nationals either on a mail-order basis or through personal introduction for a fee; circulars, issuances and procedures to remove gender bias therein.

4. To use the postal service to promote the prohibited acts in subparagraph 1 hereof. SECTION 3. Responsible Agency — The National Economic and Development Authority
(NEDA) shall primarily be responsible for ensuring the participation of women as
(b) For the manager or officer-in-charge or advertising manager of any newspaper, recipients in foreign aid, grants and loans. It shall determine and recommend the amount to
magazine, television or radio station, or other media, or of an advertising agency, printing be allocated for the development activity involving women.
company or other similar entities, to knowingly allow, or consent to, the acts prohibited in
the preceding paragraph. SECTION 4. Mandate — The NEDA, with the assistance of the National Commission on
the Role of Filipino Women, shall ensure that the different government departments,
Section 3. In case of violation of this Act by an association, club, partnership, corporation, including its agencies and instrumentalities which, directly or indirectly, affect the
or any other entity, the incumbent officers thereof who have knowingly participated in the participation of women in national development and their integration therein;
violation of this Act shall be held liable.1awphil©a1f
1. Formulate and prioritize rural or countryside development programs or projects, provide
Section 4. Any person found guilty by the court to have violated any of the acts herein income and employment opportunities to women in the rural areas and thus, prevent their
prohibited shall suffer an imprisonment of not less than six (6) years and one (1) day but heavy migration from rural to urban or foreign countries;
not more than eight (8) years, and a fine of not less than Eight thousand pesos (P8,000) but
not more than Twenty thousand pesos (P20,000): Provided, That if the offender is a 2. Include an assessment of the extent to which their programs and/or projects integrate
foreigner, he shall be immediately deported and barred forever from entering the country women in the development process and of the impact of said programs or projects on
after serving his sentence and payment of fine. women, including their implications on enhancing the self-reliance of women in improving
their income;

3. Ensure the active participation of women and women’s organizations in the development
[REPUBLIC ACT 7192] programs and/or projects including their involvement in the planning, design,
implementation, management, monitoring and evaluation thereof;
AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUAL
PARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING AND FOR 4. Collect sex-disaggregated data and include such data in its program/project paper,
OTHER PURPOSES proposal or strategy;
SECTION 1. Title — This Act shall be cited as the “Women in Development and Nation 5. Ensure that programs and/or projects are designed so that the percentage of women who
Building Act.” receive assistance is approximately proportionate to either their traditional participation in
the targeted activities or their proportion of the population, whichever is higher. Otherwise,
SECTION 2. Declaration of Policy. — The State recognizes the role of women in nation
the following should be stated in the program/project paper, proposal or strategy:
building and shall ensure the fundamental equality before the law of women and men. The
State shall provide women rights and opportunities equal to that of men. a. The obstacles in achieving the goal;
To attain the foregoing policy: b. The steps being taken to overcome those obstacles; and
c. To the extent that steps are not being taken to overcome those obstacles, why they are not SECTION 8. Voluntary PAG-IBIG, GSIS and SSS Coverage — Married persons who
being taken. devote full time to managing the household and family affairs shall, upon the working
spouse’s consent, be entitled to voluntary PAG-IBIG (Pagtutulungan – Ikaw, Bangko,
(6) Assist women in activities that are of critical significance to their self-reliance and Industriya at Gobyerno), Government Service Insurance System (GSIS) or Social Security
development. System (SSS) coverage to the extent of one-half (½) of the salary and compensation of the
working spouse. The contributions due thereon shall be deducted from the salary of the
SECTION 5. Equality in Capacity to Act — Women of legal age, regardless of civil status,
working spouse.
shall have the capacity to act and enter into contracts which shall in every respect be equal
to that of men under similar circumstances. The GSIS or the SSS, as the case may be, shall issue rules and regulations necessary to
effectively implement the provisions of this section.
In all contractual situations where married men have the capacity to act, married women
shall have equal rights.

To this end: [REPUBLIC ACT NO. 7877]

1. Women shall have the capacity to borrow and obtain loans and execute security and AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
credit arrangements under the same conditions as men; EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES
2. Women shall have equal access to all government and private sector programs granting
agricultural credit, loans and nonmaterial resources and shall enjoy equal treatment in SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of
agrarian reform and land resettlement programs; 1995.”
3. Women shall have equal rights to act as incorporators and enter into insurance contracts; SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual,
and enhance the development of its human resources guarantee fell respect for human rights,
and uphold the dignity of work rs, employees, applicants for employment, students or those
4. Married women shall have rights equal to those of married men in applying for
undergoing training, instruction or education. Towards this end, all forms of sexual
passports, secure visas and other travel documents, without need to secure the consent of
harassment in the employment, education or training environment are hereby declared
their spouses.
unlawful.
In all other similar contractual relations, women shall enjoy equal rights and shall have the
SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work,
capacity to act which shall in every respect be equal too those of men under similar
education or training-related sexual harassment is committed by an employer, employee,
circumstances.
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
SECTION 6. Equal Membership in Clubs — Women shall enjoy equal access to any other person who, having authority, influence or moral ascendancy over another in a
membership in all social, civic and recreational clubs, committees, associations and similar work or training or education environment, demands, requests or otherwise requires any
other organizations devoted to public purpose. They shall be entitled to the same rights and sexual favor from the other, regardless of whether the demand, request or requirement for
privileges accorded to their spouses if they belong to the same organization. submission is accepted by the object of said Act.

SECTION 7. Admission to Military Schools — Any provision of the law to the contrary a. In a work-related or employment environment, sexual
notwithstanding, consistent with the needs of the services, women shall be accorded equal
Harassment is committed when:
opportunities for appointment, admission, training, graduation, and commissioning in all
military or similar schools of the Armed Forces of the Philippines and the Philippine 1. The sexual favor is made as a condition in the hiring or in the employment, re-
National Police not later than the fourth academic year following the approval of this Act in employment or continued employment of said individual, or in granting said individual
accordance with the standards required for men except for those minimum essential favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant
adjustments required by physiological differences between sexes. the sexual favor results in limiting, segregating or classifying the employee which in any
way would discriminate, deprive or diminish employment opportunities or otherwise SEC. 2. Coverage of the Act. – All women who are citizens of the Philippines, at least
adversely affect said employee; eighteen (18) years of age, regardless of civil status, shall enjoy the benefits provided in
this Act.
2. The above acts would impair the employee’s rights or privileges under existing labor
laws; or SEC. 3. Women With Existing Micro and Cottage Business. – Any woman who, at the time
of the effectivity of this Act shall have been engaged for at least one (1) year in any micro
3. The above acts would result in an intimidating, hostile, or offensive environment for the and cottage business, with a daily inventory of goods worth not more than Twenty-five
employee. thousand pesos (P25,000) or with any business equipment with a book value of not more
than Fifty thousand pesos (P50.000) shall have priority to obtain a loan not exceeding the
b. In an education or training environment, sexual harassment is committed:
value of her business equipment, at prime interest rate or at the rate of twelve percent
1. Against one who is under the care, custody or supervision of the offender; (12%) per annum, whichever is lower, from any government financing institution:
Provided, That only women with good track record in sales shall be eligible to obtain such
2. Against one whose education, training, apprenticeship or tutorship is entrusted to the loan.
offender;
SEC. 4. Business Learner. – Any woman who shall have been certified, after appropriate
3. When the sexual favor is made a condition to the giving of a passing grade, or the training, by the Technical Education and Skills Development Authority (TESDA), or any
granting of honors and scholarships, or the payment of a stipend, allowance or other government or government-accredited training institution as eligible to operate a micro and
benefits, privileges, or considerations; or cottage business with a maximum capitalization of Twenty-five thousand pesos (P25,000)
shall likewise be eligible in obtaining a loan under the same conditions as provided in the
4. When the sexual advances result in an intimidating, hostile or offensive environment for preceding Section: Provided, That no loan for the operation of a retail store shall be
the student, trainee or apprentice. granted: Provided, further, That the loan shall be limited to the purchase of the basic
equipment, tools and materials: Provided, furthermore, That such basic equipment and tools
Any person who directs or induces another to commit any act of sexual harassment as shall be subject to chattel mortgage in favor of the government financing institution
herein defined, or who cooperates in the commission thereof by another without which it concerned.
would not have been committed, shall also be held liable under this Act.
SEC. 5. Technical Training. – The office of the TESDA shall provide and conduct such
SEC 7. Penalties. – Any person who violates the provisions of this Act shall, upon necessary technical training and programs, free of charge, to all women who may avail of
conviction, be penalized by imprisonment of not less than one (1) month nor more than six the benefits provided in Section 4 hereof.
(6) months, or a fine of not less than Ten thousand pesos (P 10,000) nor more than Twenty
thousand pesos (P 20,000), or both such fine and imprisonment at the discretion of the SEC. 6. Implementing Bureau. -The function of accomplishing the objective of this Act is
court. hereby given to the Bureau of Small and Medium Business Development of the Department
of Trade and Industry created under Executive Order No. 133, including the authority to
Any action arising from the violation of the provisions of this Act shall prescribe in three issue such necessary certification of eligibility to obtain a loan as provided in Sections 4
(3) years. and 5 hereof.
[REPUBLIC ACT NO. 7882] SEC. 7. Assurance of Loan Availability. – There shall be earmarked from the loan portfolio
AN ACT PROVIDING ASSISTANCE TO WOMEN ENGAGING IN MICRO AND of all government financing institutions such amount of money equivalent to five percent
COTTAGE BUSINESS ENTERPRISES, AND FOR OTHER PURPOSES (5%) thereof for purposes of implementing the provisions of this Act.

SECTION 1. Objective of the Act. – It is hereby declared to be the objective of this Act to
provide all possible assistance to Filipino women in their pursuit of owning, operating and SEC. 8. Rules and Regulations. – The Department of Trade and Industry shall promulgate
managing small business enterprises. such rules and regulations necessary to implement the provisions of this Act.

SEC. 9. Prohibited Acts. -The following acts are hereby prohibited:

a. To sell, mortgage, pledge or in any way encumber any of the equipment, tools or a) Through force, threat, or intimidation;
materials procured through a loan and obtained by virtue of this Act while the loan has not
yet been fully paid. b) When the offended party is deprived of reason or otherwise unconscious;

b. To refuse, deny or delay without justifiable cause granting loans as provided in this Act. c) By means of fraudulent machination or grave abuse of authority; and

SEC. 10. Penalty. – Any person who may be found guilty of committing any of the d) When the offended party is under twelve (12) years of age or is demented, even though
prohibited acts provided in the preceding Section hereof shall be sentenced to suffer a none of the circumstances mentioned above be present.
penalty of one (1) year imprisonment or a fine of not less than Five thousand pesos
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
(P5,000) or both.
shall commit an act of sexual assault by inserting his penis into another person’s mouth or
Beijing Platform for Action anal orifice, or any instrument or object, into the genital or anal orifice of another person.

The Beijing Declaration and Platform for Action, or BPfA is a landmark document for Article 266-B. Penalty. – Rape under paragraph 1 of the next preceding article shall be
advancing women’s rights and gender equality worldwide, agreed upon during the 4 th punished by reclusion perpetua.
World Conference on women in 1995. The international community came to a consensus
“Whenever the rape is committed with the use of a deadly weapon or by two or more
and agreed to a comprehensive blueprint of commitments supporting the full development
persons, the penalty shall be reclusion perpetua to death.
of women and their equality with men in 12 areas of concern: (1) women and poverty; (2)
education and training of women; (3) women and health; (4) violence against women; (5) “When by reason or on the occasion of the rape, the victim has become insane, the penalty
women and armed conflict; (6) women and the economy; (7) women in power and shall become reclusion perpetua to death.
decision-making; (8) institutional mechanisms; (9) human rights of women; (10) women
and media; (11) women and the environment; (12) the girl child. “When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.

“When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be
[ Republic Act No. 8353 September 30, 1997 ] death.
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, “The death penalty shall also be imposed if the crime of rape is committed with any of the
RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR following aggravating/qualifying circumstances:
THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE, AND FOR OTHER PURPOSES “l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil
Section 1. Short Title. – This Act shall be known as “The Anti-Rape Law of 1997.” degree, or the common-law spouse of the parent of the victim;
Section 2. Rape as a Crime Against Persons. – The crime of rape shall hereafter be “2) When the victim is under the custody of the police or military authorities or any law
classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, enforcement or penal institution;
otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into
Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read “3) When the rape is committed in full view of the spouse, parent, any of the children or
as follows: other relatives within the third civil degree of consanguinity;
“Chapter Three Rape” “4) When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission of the
“Article 266-A. Rape: When And How Committed. – Rape is committed: crime;
1) By a man who shall have carnal knowledge of a woman under any of the following “5) When the victim is a child below seven (7) years old;
circumstances:
“6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus SEC. 3. Rape Crisis Center. – The Department of Social Welfare and Development
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible (DSWD), the Department of Health (DOH), the Department of the Interior and Local
disease and the virus or disease is transmitted to the victim; Government (DILG), the Department of Justice (DOJ), and a lead non-government
organization (NGO) with proven track record or experience in handling sexual abuse cases,
“7) When committed by any member of the Armed Forces of the Philippines or para- shall establish in every province and city a rape crisis center located in a government
military units thereof or the Philippine National Police or any law enforcement agency or hospital or health clinic or in any other suitable place for the purpose of:
penal institution, when the offender took advantage of his position to facilitate the
commission of the crime; a. Providing rape victims with psychological counselling, medical and health services,
including their medico-legal examination;
“8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability; b. Securing free legal assistance or service, when necessary, for rape victims;

“9) When the offender knew of the pregnancy of the offended party at the time of the c. Assisting rape victims in the investigation to hasten the arrest of offenders and the filing
commission of the crime; and of cases in court;

“10) When the offender knew of the mental disability, emotional disorder and/or physical d. Ensuring the privacy and safety of rape victims;
handicap of the offended party at the time of the commission of the crime.
e. Providing psychological counselling and medical services whenever necessary for the
“Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. family of rape victims;

“Whenever the rape is committed with the use of a deadly weapon or by two or more f. Developing and undertaking a training program for law enforcement officers, public
persons, the penalty shall be prision mayor to reclusion temporal. prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on
human rights and responsibilities; gender sensitivity and legal management of rape cases;
“When by reason or on the occasion of the rape, the victim has become insane, the penalty and
shall be reclusion temporal.
e. Adopting and implementing programs for the recovery of rape victims.
“When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua. The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis
Center.
“When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be
reclusion perpetua. SEC. 4. Duty of the Police Officer. – Upon receipt by the police of the complaint for rape, it
shall be the duty of the police officer to:
“Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article a. Immediately refer the case to the prosecutor for inquest/investigation if the accused is
detained; otherwise, the rules of court shall apply;

b. Arrange for counselling and medical services for the offended party; and
[REPUBLIC ACT NO. 8505]
c. Immediately make a report on the action taken.
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,
ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY It shall be the duty of the police officer or the examining physician, who must be of the
PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS same gender as the offended party, to ensure that only persons expressly authorized by the
THEREFOR, AND FOR OTHER PURPOSE offended party shall be allowed inside the room where the investigation or medical or
physical examination is being conducted.
SECTION 1. Title. – This Act shall be known as the “Rape Victim Assistance and
Protection Act of 1998.”
For this purpose, a women’s desk must be established in every police precinct throughout has a common child, or against her child whether legitimate or illegitimate, within or
the country to provide a police woman to conduct investigation of complaints of women without the family abode, which result in or is likely to result in physical, sexual,
rape victims. In the same manner, the preliminary investigation proper or inquest of women psychological harm or suffering, or economic abuse including threats of such acts, battery,
rape victims must be assigned to female prosecutor or prosecutors after the police shall assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
have endorsed all the pertinent papers thereof to the same office. limited to, the following acts:

SEC. 5. Protective Measures. – At any stage of the investigation, prosecution and trial of a
complaint for rape, the police officer, the prosecutor, the court and its officers, as well as
the parties to the complaint shall recognize the right to privacy of the offended party and A. “Physical Violence” refers to acts that include bodily or physical harm;
the accused. Towards this end, the police officer, prosecutor, or the court to whom the
B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman
complaint has been referred may, whenever necessary to ensure fair and impartial
or her child. It includes, but is not limited to:
proceedings, and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial and that the name and personal a. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as
circumstances of the offended party and/or the accused, or any other information tending to a sex object, making demeaning and sexually suggestive remarks, physically
establish their identities, and such circumstances or information on the complaint shall not attacking the sexual parts of the victim’s body, forcing her/him to watch obscene
be disclosed to the public. publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
The investigating officer or prosecutor shall inform the parties that the proceedings can be
conjugal home or sleep together in the same room with the abuser;
conducted in a language or dialect known or familiar to them.
b. Acts causing or attempting to cause the victim to engage in any sexual activity by
SEC. 6. Rape Shield. – In prosecutions for rape, evidence of complainant’s past sexual force, threat of force, physical or other harm or threat of physical or other harm or
conduct, opinion thereof or of his/her reputation shall not be admitted unless, and only to coercion;
the extent that the court finds, that such evidence is material and relevant to the case. c. Prostituting the woman or child.

C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment,
[ Republic Act No. 9262 zMarch 08, 2004 ] stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical, sexual
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, or psychological abuse of a member of the family to which the victim belongs, or to
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING witness pornography in any form or to witness abusive injury to pets or to unlawful or
PENALTIES THEREFORE, AND FOR OTHER PURPOSES unwanted deprivation of the right to custody and/or visitation of common children.
SECTION 1. Short Title.- This Act shall be known as the “Anti-Violence Against Women D. “Economic abuse” refers to acts that make or attempt to make a woman financially
and Their Children Act of 2004”.z dependent which includes, but is not limited to the following:
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity 1. Withdrawal of financial support or preventing the victim from engaging in any
of women and children and guarantees full respect for human rights. The State also legitimate profession, occupation, business or activity, except in cases wherein
recognizes the need to protect the family and its members particularly women and children, the other spouse/partner objects on valid, serious and moral grounds as defined in
from violence and threats to their personal safety and security. Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use
SECTION 3. Definition of Terms.- As used in this Act,
and enjoyment of the conjugal, community or property owned in common;
a. “Violence against women and their children” refers to any act or a series of acts 3. Destroying household property;
committed by any person against a woman who is his wife, former wife, or against a 4. Controlling the victims’ own money or properties or solely controlling the
woman with whom the person has or had a sexual or dating relationship, or with whom he conjugal money or properties.
b.“Battery” refers to an act of inflicting physical harm upon the woman or her child force or threat of force, physical or other harm or threat of physical or other harm,
resulting to the physical and psychological or emotional distress. or intimidation directed against the woman or child. This shall include, but not
limited to, the following acts committed with the purpose or effect of controlling
c. “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological or restricting the woman’s or her child’s movement or conduct:
and behavioral symptoms found in women living in battering relationships as a result of 1. Threatening to deprive or actually depriving the woman or her
cumulative abuse. child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of
d. “Stalking” refers to an intentional act committed by a person who, knowingly and
financial support legally due her or her family, or deliberately
without lawful justification follows the woman or her child or places the woman or her
providing the woman’s children insufficient financial support;
child under surveillance directly or indirectly or a combination thereof.
3. Depriving or threatening to deprive the woman or her child of a
e. “Dating relationship” refers to a situation wherein the parties live as husband and wife legal right;
without the benefit of marriage or are romantically involved over time and on a continuing 4. Preventing the woman in engaging in any legitimate profession,
basis during the course of the relationship. A casual acquaintance or ordinary socialization occupation, business or activity or controlling the victim’s own
between two individuals in a business or social context is not a dating relationship. mon4ey or properties, or solely controlling the conjugal or
common money, or properties;
f. “Sexual relations” refers to a single sexual act which may or may not result in the bearing
of a common child. f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions;
g. “Safe place or shelter” refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or g. Causing or attempting to cause the woman or her child to engage in any sexual activity
voluntary organization accredited by the DSWD for the purposes of this Act or any other which does not constitute rape, by force or threat of force, physical harm, or through
suitable place the resident of which is willing temporarily to receive the victim. intimidation directed against the woman or her child or her/his immediate family;

h. “Children” refers to those below eighteen (18) years of age or older but are incapable of h. Engaging in purposeful, knowing, or reckless conduct, personally or through another,
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it that alarms or causes substantial emotional or psychological distress to the woman or her
includes the biological children of the victim and other children under her care. child. This shall include, but not be limited to, the following acts:

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection 1. Stalking or following the woman or her child in public or private
and safety of victims of violence against women and their children. places;
2. Peering in the window or lingering outside the residence of the
woman or her child;
3. Entering or remaining in the dwelling or on the property of the
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence woman or her child against her/his will:
against women and their children is committed through any of the following acts: 4. Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
a. Causing physical harm to the woman or her child; i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
b. Threatening to cause the woman or her child physical harm; child, including, but not limited to, repeated verbal and emotional abuse, and denial of
c. Attempting to cause the woman or her child physical harm; financial support or custody of minor children of access to the woman’s child/children.
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order
which the woman or her child has the right to desist from or desist from conduct may be filed by any of the following:
which the woman or her child has the right to engage in, or attempting to restrict
or restricting the woman’s or her child’s freedom of movement or conduct by a. The offended party;
 b. Parents or guardians of the offended party;
c. Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
d. Officers or social workers of the DSWD or social workers of local government
units (LGUs);
e. Police officers, preferably those in charge of women and children’s desks;
f. Punong Barangay or Barangay Kagawad;
g. Lawyer, counselor, therapist or healthcare provider of the petitioner
h. At least two (2) concerned responsible citizens of the city or municipality where
the violence against women and their children occurred and who has personal
knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall
follow the rules on venue under Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial
court with territorial jurisdiction over the place of residence of the petitioner: Provided,
however, That if a family court exists in the place of residence of the petitioner, the
application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection
order must be in writing, signed and verified under oath by the applicant. It may be filed as
an independent action or as incidental relief in any civil or criminal case the subject matter
or issues thereof partakes of a violence as described in this Act. A standard protection order
application form, written in English with translation to the major local languages, shall be
made available to facilitate applications for protections order, and shall contain, among
other, the following information:

a. Names and addresses of petitioner and respondent;

b. Description of relationships between petitioner and respondent;
c. A statement of the circumstances of the abuse;
d. Description of the reliefs requested by petitioner as specified in Section 8 herein;
e. Request for counsel and reasons for such;
f. Request for waiver of application fees until hearing; and
g. An attestation that there is no pending application for a protection order in
another court.