Integrated Matrix of United Nations Human Rights

Conventions, 1987 Constitution, Philippine Domestic

Laws
Submitted by: Mariel Josine David 12-21741

UNIVERSAL DECLARATION OF HUMAN RIGHTS

CONSTITUTION

DOMESTIC LEGISLATION

Article I:
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.

Sec. 11, Article II:

The State values the dignity of every human person
and guarantees full respect for human rights.

RA 10361: DOMESTIC WORKERS ACT

Article II:
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion.

Section 5, Article III:

No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The
free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required
for the exercise of civil or political rights.

RA 6725: AN ACT STRENGTHENING

THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN
WITH RESPECT TO TERMS AND
CONDITIONS OF EMPLOYMENT,
AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTYFIVE OF THE LABOR CODE, AS
AMENDED.

SEC. 5. Standard of Treatment. The

employer or any member of the
household shall not subject a domestic
worker or kasambahay to any kind of
abuse nor inflict any form of physical
violence or harassment or any act
tending to degrade the dignity of a
domestic worker.

SEC. 1. Article One hundred thirty-five of

the Labor Code, as amended, is hereby
further amended to read as follows:
Art. 135. Discrimination Prohibited It
shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.
The following are acts of discrimination:
(a) Payment of 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 value; and
(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
Xxxx
Article III:
Everyone has the right to life, liberty and security of person.

Article IV:
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.

Article V
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

Section 1, Article III:

No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be
denied the equal protection of the laws.
Section 18, Article III:
(1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party
shall have been duly convicted

Section 12, Article III:

(1) Any person under investigation for the commission
of an offense shall
have the right to be informed of his right to remain
silent and to have competent and independent counsel

RA 10364 EXPANDED ANTITRAFFICKING IN

PERSONS ACT OF 2012
SEC 2. Declaration Policy It is hereby
declared that the State values the dignity
of every human person and guarantees
the respect of individual rights. In pursuit
of this policy, the State shall give highest
priority to the enactment of measures
and development of programs that will
promote human dignity, protect the
people from any threat of violence and
exploitation, eliminate trafficking in
persons, and mitigate pressures for
involuntary migration and servitude of
persons not only to support trafficked
persons but more importantly, to ensure
their recovery, rehabilitation, and
reintegration into the mainstream of
society.
RA 9745 ANTI TORTURE ACT OF
2009
SEC.2. Statement of Policy it is hereby
declared the policy of the State:

preferably of his own choice. If the person cannot afford

the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in
the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall be
used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited.

Article VI
Everyone has the right to recognition everywhere as a
person before the law.

Article II:
Section 13. The State recognizes the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being.
It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.

Article VII

Section 14. The State recognizes the role of women in

nation-building, and shall ensure the fundamental
equality before the law of women and men.
Section 1. Article II

All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination

No person shall be deprived of life, liberty, or property

without due process of
law, nor shall any person be denied the equal
protection of the laws.

(a) To value the dignity of every human

person and guarantee full respect for
human rights;
(b) To ensure that the rhuman rights of
all persons, including suspects,
detainees, and prisoners are
respected at all times; and that no
person placed under investigation or
held in custody of any person in
authority or, agent of a person in
authority shall be subjected to
physical, psychological or mental
harm, force, violence, threat or
intimidation or any act that impairs
his/her free will or in any manner
demeans or degraded human dignity.

Article VIII
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by law.

Section 14. Art III

(1) No person shall be held to answer for a criminal
offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided,
that he has been duly notified and his failure to appear
is
unjustifiable.

RULES OF COURT
Rule 115:
Section 1. Rights of accused at trial. In
all criminal prosecutions, the accused
shall be entitled to the following rights:
(a) To be presumed innocent until the
contrary is proved beyond reasonable
doubt.
(b) To be informed of the nature and
cause of the accusation against him.
(c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment. The
accused may, however, waive his
presence at the trial pursuant to the
stipulations set forth in his bail, unless his
presence is specifically ordered by the
court for purposes of identification. The
absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a waiver
of his right to be present thereat. When
an accused under custody escapes, he
shall be deemed to have waived his right
to be present on all subsequent trial
dates until custody over him is regained.
Upon motion, the accused may be
allowed to defend himself in person when
it sufficiently appears to the court that he
can properly protect his rights without the
assistance of counsel.
(d) To testify as a witness in his own
behalf but subject to cross-examination
on matters covered by direct

examination. His silence shall not in any

manner prejudice him.
(e) To be exempt from being compelled
to be a witness against himself.
(f) To confront and cross-examine the
witnesses against him at the trial. Either
party may utilize as part of its evidence
the testimony of a witness who is
deceased, out of or can not with due
diligence be found in the Philippines,
unavailable, or otherwise unable to
testify, given in another case or
proceeding, judicial or administrative,
involving the same parties and subject
matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued
to secure the attendance of witnesses
and production of other evidence in his
behalf.
(h) To have speedy, impartial and public
trial.

Article IX
No one shall be subjected to arbitrary arrest,
detention or exile.

(1) Any person under investigation for the commission

of an offense shall have the right to be informed of his
right to remain silent and to independent counsel
preferably of his own choice. If the person cannot afford
the services of counsel, he must be provided with one.
These rights cannot be waived except
in writing and in the presence of counsel.

(i) To appeal in all cases allowed and in

the manner prescribed by law.
REVISED PENAL CODE
Art. 124-Arbitrary Detention Any public
officer or employee who, without legal
grounds, detains a person, shall suffer:
1. The penalty of arresto mayor in its
maximum period to prision correccional
in its minimum period, if the detention
has not exceeded three days;
2. The penalty of prision correccional in

its medium and maximum periods, if the

detention has continued more than three
but not more than fifteen days;
3. The penalty of prision mayor, if the
detention has continued for more than
fifteen days but not more than six
months; and
4. That of reclusion temporal, if the
detention shall have exceeded six
months.
The commission of a crime, or violent
insanity or any other ailment requiring the
compulsory confinement of the patient in
a hospital, shall be considered legal
grounds for the detention of any person.
Art. 125. Delay in the delivery of detained
persons to the proper judicial authorities.
The penalties provided in the next
preceding article shall be imposed upon
the public officer or employee who shall
detain any person for some legal ground
and shall fail to deliver such person to the
proper judicial authorities within the
period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for
crimes or offenses punishable by
correctional penalties, or their equivalent
and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital
penalties, or their equivalent
In every case, the person detained shall
be informed of the cause of his detention
and shall be allowed upon his request, to
communicate and confer at any time with
his attorney or counsel.

Art. 126. Delaying release. The

penalties provided for in Article 124 shall
be imposed upon any public officer or
employee who delays for the period of
time specified therein the performance of
any judicial or executive order for the
release of a prisoner or detention
prisoner, or unduly delays the service of
the notice of such order to said prisoner
or the proceedings upon any petition for
the liberation of such person

Article X:
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge against
him

Section 14. (1) No person shall be held to answer for a

criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance
of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided,
that he has been duly notified and his failure to appear
is unjustifiable.

RULES OF COURT
Rule 102: Writ of Habeas Corpus
Sec. 1. To what habeas corpus extends. Except as otherwise expressly provided
by law, the writ of habeas corpus shall
extend to all cases of illegal confinement
or detention by which any person is
deprived of his liberty, or by which the
rightful custody of any person is withheld
from the person entitled thereto.
RULES OF COURT
Rule 115:
Section 1. Rights of accused at trial. In
all criminal prosecutions, the accused
shall be entitled to the following rights:
(a) To be presumed innocent until the
contrary is proved beyond reasonable
doubt.
(b) To be informed of the nature and
cause of the accusation against him.
(c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment. The

accused may, however, waive his

presence at the trial pursuant to the
stipulations set forth in his bail, unless his
presence is specifically ordered by the
court for purposes of identification. The
absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a waiver
of his right to be present thereat. When
an accused under custody escapes, he
shall be deemed to have waived his right
to be present on all subsequent trial
dates until custody over him is regained.
Upon motion, the accused may be
allowed to defend himself in person when
it sufficiently appears to the court that he
can properly protect his rights without the
assistance of counsel.
(d) To testify as a witness in his own
behalf but subject to cross-examination
on matters covered by direct
examination. His silence shall not in any
manner prejudice him.
(e) To be exempt from being compelled
to be a witness against himself.
(f) To confront and cross-examine the
witnesses against him at the trial. Either
party may utilize as part of its evidence
the testimony of a witness who is
deceased, out of or can not with due
diligence be found in the Philippines,
unavailable, or otherwise unable to
testify, given in another case or
proceeding, judicial or administrative,
involving the same parties and subject
matter, the adverse party having the

opportunity to cross-examine him.

(g) To have compulsory process issued
to secure the attendance of witnesses
and production of other evidence in his
behalf.
(h) To have speedy, impartial and public
trial.

Article XI:
(1) Everyone charged with a penal offence has the
right to be presumed innocent until proved guilty according
to law in a public trial at which he has had all the
guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence

on account of any act or omission which did not constitute a
penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time the
penal offence was committed.
Article XII:
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

-same as aboveSection 22. No ex post facto law or bill of attainder shall

be enacted.

(i) To appeal in all cases allowed and in

the manner prescribed by law.
REVISED PENAL CODE
Art. 21
No felony shall be punishable by any
penalty not prescribed by law prior to its
commission.
CIVIL CODE
Art. 4
Laws shall have no retroactive effect,
unless the contrary is provided.

Section 2, Article III:

The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.

RULES OF COURT
Rule 126 Search and Seizure
Sec. 4. Requisites for issuing search
warrant. A search warrant shall not
issue except upon probable cause in
connection with one specific offense to
be determined personally by the judge
after examination under oath or
affirmation of the complainant and the
witness he may produce, and particularly
describing the place to be searched and
the things to be seized which may be
anywhere in the Philippines

Article XIII
(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country, including his
own, and to return to his country

Section 6, Article III:

The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of
national security, public safety, or public
health, as may be provided by law.

Article XIV
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United
Nations.

Article XV
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article XVI
(1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

DOJ DEPARTMENT CIRCULAR NO.

058 Establishing the Refugees and
Stateless Status Determination
Procedure
SECTION 5. Refugees and Stateless
Persons Protection Unit. There is hereby created the RSPPU in
the Legal Staff of this
Department to facilitate identification,
determination and protection
of refugees and stateless persons under
the terms of the 1951 U.N.
Convention, the 1967 Protocol and the
1954 U.N. Convention,
respectively.

Section 2, Article XV
Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the
State.

FAMILY CODE
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 the foundation of the
family and an inviolable social institution
whose nature, consequences, and
incidents are governed by law and not
subject to stipulation, except that
marriage settlements may fix the property

relations during the marriage within the

limits provided by this Code.

Article XVII
(1) Everyone has the right to own property alone as well as
in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article XVIII
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or
belief in teaching, practice, worship and observance.
Article XIX
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers
Article XX
(1) Everyone has the right to freedom of peaceful assembly
and association.
(2) No one may be compelled to belong to an association.
Article XXI
(1) Everyone has the right to take part in the government of
his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service
in his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent
free voting procedures

Section 9, Art. III

Private property shall not be taken for public use
without just compensation.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of
religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required
for the exercise of civil or political rights.
Section 4., Art. III
No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the
government for redress of grievances.
Section 8, Art III
The right of the people, including those employed in the
public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not
be abridged.
Section 1, Art. V
Section 1. Suffrage may be exercised by all citizens of
the Philippines not otherwise
disqualified by law, who are at least eighteen years of
age, and who shall have resided in
the Philippines for at least one year, and in the place
wherein they propose to vote, for at least six months
immediately preceding the election. No literacy,
property, or other
substantive requirement shall be imposed on the
exercise of suffrage.

LOCAL GOVERNMENT CODE

Section 2. Declaration of Policy. (a) It is hereby declared the policy of the
State that the territorial and political
subdivisions of the State shall enjoy
genuine and meaningful local autonomy
to enable them to attain their fullest
development as self-reliant communities
and make them more effective partners
in the attainment of national goals.

Toward this end, the State shall provide

for a more responsive and accountable
local government structure instituted
through a system of decentralization
whereby local government units shall be
given more powers, authority,
responsibilities, and resources. The
process of decentralization shall proceed
from the national government to the local
government units.
(b) It is also the policy of the State to
ensure the accountability of local
government units through the institution
of effective mechanisms of recall,
initiative and referendum.
(c) It is likewise the policy of the State to
require all national agencies and offices
to conduct periodic consultations with
appropriate local government units,
nongovernmental and people's
organizations, and other concerned
sectors of the community before any
project or program is implemented in
their respective jurisdictions.
Article XXII
Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort and
international co-operation and in accordance with the
Organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality
Article XXIII
(1) Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to
protection against unemployment.
(2) Everyone, without any discrimination, has the right to
equal pay for equal work.

Section 2, Article XIII

The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.

Section 18, Art. II

LABOR CODE
The State affirms labor as a primary social economic
Art. 211. Declaration of Policy.
force. It shall protect the rights of workers and promote1.
It is the policy of the State:
their welfare.
Section 8, Art. III

1.

To promote and

(3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions
for the protection of his interests.

The right of the people, including those employed in the

public and private
sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.

emphasize the primacy of free

collective bargaining and
negotiations, including voluntary
arbitration, mediation and
conciliation, as modes of settling
labor or industrial disputes;

2.

To promote free
trade unionism as an instrument for
the enhancement of democracy and
the promotion of social justice and
development;

3.

To foster the free

and voluntary organization of a
strong and united labor movement;

4.

To promote the
enlightenment of workers concerning
their rights and obligations as union
members and as employees;

5.

To provide an
adequate administrative machinery
for the expeditious settlement of
labor or industrial disputes;

6.

To ensure a stable
but dynamic and just industrial
peace; and

7.

To ensure the
participation of workers in decision

and policy-making processes

affecting their rights, duties and
welfare
RA 9481 AN ACT STRENGTHENING
THE WORKERS CONSTITUTIONAL
RIGHT TO SELF-ORGANIZATION
Sec. 10. Article 256 of the Labor Code is
hereby amended to read as follows:
"ART. 256. Representation Issue in
Organized Establishments. - In organized
establishments, when a verified petition
questioning the majority status of the
incumbent bargaining agent is filed by
any legitimate labor organization
including a national union or federation
which has already issued a charter
certificate to its local chapter participating
in the certification election or a local
chapter which has been issued a charter
certificate by the national union or
federation before the Department of
Labor and Employment within the sixty
(60)-day period before the expiration of
the collective bargaining agreement, the
Med-Arbiter shall automatically order an
election by secret ballot when the verified
petition is supported by the written
consent of at least twenty-five percent
(25%) of all the employees in the
bargaining unit to ascertain the will of the
employees in the appropriate bargaining
unit. To have a valid election, at least a
majority of all eligible voters in the unit
must have cast their votes. The labor

union receiving the majority of the valid

votes cast shall be certified as the
exclusive bargaining agent of all the
workers in the unit. When an election
which provides for three or more choices
results in no choice receiving a majority
of the valid votes cast, a run-off election
shall be conducted between the labor
unions receiving the two highest number
of votes: Provided, That the total number
of votes for all contending unions is at
least fifty percent (50%) of the number of
votes cast. In cases where the petition
was filed by a national union or
federation, it shall not be required to
disclose the names of the local chapter's
officers and members.

Article XXIV
Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

At the expiration of the freedom period,

the employer shall continue to recognize
the majority status of the incumbent
bargaining agent where no petition for
certification election is filed."
LABOR CODE
Art. 91. Right to weekly rest day.
a. It shall be the duty of every employer,
whether operating for profit or not, to
provide each of his employees a rest
period of not less than twenty-four (24)
consecutive hours after every six (6)
consecutive normal work days.
b. The employer shall determine and
schedule the weekly rest day of his
employees subject to collective
bargaining agreement and to such rules
and

regulations as the Secretary of Labor and

Employment may provide. However,
the employer shall respect the preference
of employees as to their weekly rest
day when such preference is based on
religious grounds
Art. 92. When employer may require
work on a rest day. The employer may
require his employees to work on any
day:
a. In case of actual or impending
emergencies caused by serious accident,
fire,
flood, typhoon, earthquake, epidemic or
other disaster or calamity to prevent
loss of life and property, or imminent
danger to public safety;
b. In cases of urgent work to be
performed on the machinery, equipment,
or
installation, to avoid serious loss which
the employer would otherwise suffer;
c. In the event of abnormal pressure of
work due to special circumstances,
where
the employer cannot ordinarily be
expected to resort to other measures;
d. To prevent loss or damage to
perishable goods;
e. Where the nature of the work requires
continuous operations and the stoppage
of work may result in irreparable injury or
loss to the employer; and

f. Under other circumstances analogous

or similar to the foregoing as determined
by the Secretary of Labor and
Employment.
Art. 93. Compensation for rest day,
Sunday or holiday work.
a. Where an employee is made or
permitted to work on his scheduled rest
day, he
shall be paid an additional compensation
of at least thirty percent (30%) of his
regular wage. An employee shall be
entitled to such additional compensation
for work performed on Sunday only when
it is his established rest day.
b. When the nature of the work of the
employee is such that he has no regular
workdays and no regular rest days can
be scheduled, he shall be paid an
additional compensation of at least thirty
percent (30%) of his regular wage for
work performed on Sundays and
holidays.
c. Work performed on any special holiday
shall be paid an additional
compensation of at least thirty percent
(30%) of the regular wage of the
employee. Where such holiday work falls
on the employees scheduled rest day,
he shall be entitled to an additional
compensation of at least fifty per cent
(50%) of his regular wage.
d. Where the collective bargaining
agreement or other applicable
employment
contract stipulates the payment of a

higher premium pay than that prescribed

under this Article, the employer shall pay
such higher rate
Art. 94. Right to holiday pay.
a. Every worker shall be paid his regular
daily wage during regular holidays,
except in retail and service
establishments regularly employing less
than ten
(10) workers;
b. The employer may require an
employee to work on any holiday but
such
employee shall be paid a compensation
equivalent to twice his regular rate; and

Article XXV
(1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.

Section 15, Art. II

The State shall protect and promote the right to health
of the people and instill health consciousness among
them.
Section 11, Art. XIII
The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor
to make essential goods, health and other social
services available to all the people at affordable cost.
There shall be priority for the needs of the under-

c. As used in this Article, "holiday"

includes: New Years Day, Maundy
Thursday,
Good Friday, the ninth of April, the first of
May, the twelfth of June, the fourth
of July, the thirtieth of November, the
twenty-fifth and thirtieth of December
and the day designated by law for
holding a general election.
RA 9710 MAGNA CARTA FOR WOMEN
Section 2. Declaration of Policy. Recognizing that the economic, political,
and sociocultural realities affect women's
current condition, the State affirms the
role of women in nation building and
ensures the substantive equality of
women and men. It shall promote
empowerment of women and pursue
equal opportunities for women and men

privileged, sick, elderly, disabled, women, and children.

The State
shall endeavor to provide free medical care to paupers.
Section 14., Art XIII
The State shall protect working women by providing
safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable
them to realize their full
potential in the service of the nation.

and ensure equal access to resources

and to development results and outcome.
Further, the State realizes that equality of
men and women entails the abolition of
the unequal structures and practices that
perpetuate discrimination and inequality.
To realize this, the State shall endeavor
to develop plans, policies, programs,
measures, and mechanisms to address
discrimination and inequality in the
economic, political, social, and cultural
life of women and men.
The State condemns discrimination
against women in all its forms and
pursues by all appropriate means and
without delay the policy of eliminating
discrimination against women in keeping
with the Convention on the Elimination of
All Forms of Discrimination Against
Women (CEDAW) and other international
instruments consistent with Philippine
law. The State shall accord women the
rights, protection, and opportunities
available to every member of society.
The State affirms women's rights as
human rights and shall intensify its efforts
to fulfill its duties under international and
domestic law to recognize, respect,
protect, fulfill, and promote all human
rights and fundamental freedoms of
women, especially marginalized women,
in the economic, social, political, cultural,
and other fields without distinction or
discrimination on account of class, age,
sex, gender, language, ethnicity, religion,
ideology, disability, education, and status.

The State shall provide the necessary

mechanisms to enforce women's rights
and adopt and undertake all legal
measures necessary to foster and
promote the equal opportunity for women
to participate in and contribute to the
development of the political, economic,
social, and cultural realms.
The State, in ensuring the full integration
of women's concerns in the mainstream
of development, shall provide ample
opportunities to enhance and develop
their skills, acquire productive
employment and contribute to their
families and communities to the fullest of
their capabilities.
In pursuance of this policy, the State
reaffirms the right of women in all sectors
to participate in policy formulation.
planning, organization, implementation,
management, monitoring, and evaluation
of all programs, projects, and services. It
shall support policies, researches,
technology, and training programs and
other support services such as financing,
production, and marketing to encourage
active participation of women in national
development.
Section 3. Principles of Human Rights
of Women. - Human rights are universal
and inalienable. All people in the world
are entitled to them. The universality of
human rights is encompassed in the
words of Article 1 of the Universal
Declaration of Human Rights, which

states that all human beings are free and

equal in dignity and rights.
Human rights are indivisible. Human
rights are inherent to the dignity of every
human being whether they relate to civil,
cultural, economic, political, or social
issues.
Human rights are interdependent and
interrelated. The fulfillment of one right
often depends, wholly or in part, upon the
fulfillment of others.
All individuals are equal as human beings
by virtue of the inherent dignity of each
human person. No one, therefore, should
suffer discrimination on the basis of
ethnicity, gender, age, language, sexual
orientation, race, color, religion, political,
or other opinion, national, social, or
geographical origin, disability, property,
birth, or other status as established by
human rights standards.
All people have the right to participate in
and access information relating to the
decision- making processes that affect
their lives and well-being. Rights-based
approaches require a high degree of
participation by communities, civil
society, minorities, women, young
people, indigenous peoples, and other
identified groups.
States and other duty-bearers are
answerable for the observance of human
rights. They have to comply with the legal

norms and standards enshrined in

international human rights instruments in
accordance with the Philippine
Constitution. Where they fail to do so,
aggrieved rights-holders are entitled to
institute proceedings for appropriate
redress before a competent court or
other adjudicator in accordance with the
rules and procedures provided by law.
RA 10354 THE RESPONSIBLE
PARENTHOOD AND REPRODUCTIVE
HEALTH ACT OF 2012

SEC. 2. Declaration of Policy. The

State recognizes and guarantees the
human rights of all persons including
their right to equality and
nondiscrimination of these rights, the
right to sustainable human development,
the right to health which includes
reproductive health, the right to education
and information, and the right to choose
and make decisions for themselves in
accordance with their religious
convictions, ethics, cultural beliefs, and
the demands of responsible parenthood.
Pursuant to the declaration of State
policies under Section 12, Article II of the
1987 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 the unborn from
conception. The State shall protect and
promote the right to health of 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 State shall likewise protect
and advance the right of families in
particular and the people in general to a
balanced and healthful environment in
accord with the rhythm and harmony of
nature. The State also recognizes and
guarantees the promotion and equal
protection of the welfare and rights of
children, the youth, and the unborn.
Moreover, the State recognizes and
guarantees the promotion of gender
equality, gender equity, women
empowerment and dignity as a health
and human rights concern and as a
social responsibility. The advancement
and protection of womens human rights
shall be central to the efforts of the State
to address reproductive health care.

The State recognizes marriage as an

inviolable social institution and the
foundation of the family which in turn is
the foundation of the nation. Pursuant
thereto, the State shall defend:
(a) The right of spouses to found a family
in accordance with their religious
convictions and the demands of
responsible parenthood;
(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;
(c) The right of the family to a family
living wage and income; and
(d) The right of families or family
associations to participate in the planning
and implementation of policies and
programs
The State likewise guarantees universal
access to medically-safe, nonabortifacient, effective, legal, affordable,
and quality reproductive health care

services, methods, devices, supplies

which do not prevent the implantation of
a fertilized ovum as determined by the
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 System for Poverty Reduction
(NHTS-PR) and other government
measures of identifying marginalization,
who shall be voluntary beneficiaries of
reproductive health care, services and
supplies for free.
The State shall eradicate discriminatory
practices, laws and policies that infringe
on a persons exercise of reproductive
health rights.
The State shall also promote openness
to life; Provided, That parents bring forth
to the world only those children whom
they can raise in a truly humane way.

RA 7875 NATIONAL HEALTH

INSURANCE ACT OF 1995

Article XXVI
(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available
and higher education shall be equally accessible to all on the
basis of merit.
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of
the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education
that shall be given to their children.

Section 1, Art XIV

The State shall protect and promote the right of all
citizens to quality education at all levels, and shall take
appropriate steps to make such education accessible
to all.
Section 17 Art II
The State shall give priority to education, science and
technology, arts,
culture, and sports to foster patriotism and nationalism,
accelerate social progress, and
promote total human liberation and development.

SEC. 3. General Objectives. This Act

seeks to:
a) provide all citizens of the Philippines
with the mechanism to gain financial
access to health services;
b) create the National Health Insurance
Program, hereinafter referred to as the
Program, to serve as the
means to help the people pay for health
care services;
c) prioritize and accelerate the provision
of health services to all Filipinos,
especially that segment of the
population who cannot afford such
services; and
d) establish the Philippine Health
Insurance Corporation, hereinafter
referred to as the Corporation, that
will administer the Program at central and
local levels.
RA 5447 SPECIAL EDUCATION FUND
LAW
Section 1. Declaration of policy; creation
of Special Education Fund. It is hereby
declared to be the policy of the
government to contribute to the financial
support of the goals of education as
provided by the Constitution. For this
purpose, there is hereby created a
Special Education Fund, hereinafter
referred to as the Fund, to be derived
from the additional tax on real property
and from a certain portion of the taxes on
Virginia-type cigarettes and duties on
imported leaf tobacco, hereinafter
provided for, which shall be expended
exclusively for the following activities of

the Department of Education:

(a) the organization and
operation of such number of
extension classes as may be
needed to accommodate all
children of school age desiring to
enter Grade I, including the
creation of positions of
classroom teachers, head
teachers and principals for such
extension classes, which shall
not exceed the standard
requirements of the Bureau of
Public Schools: Provided, That
under equal circumstances, in
the opening of such extension
classes, priority shall be given to
the needs of barrios;
(b) the programming of the
construction and repair of
elementary school buildings,
acquisition of sites, and the
construction and repair of
workshops and similar buildings
and accessories thereof to house
laboratory, technical and similar
equipment and apparatus
needed by public schools offering
practical arts, home economics
and vocational courses, giving
priority to elementary schools on
the basis of the actual needs and
total requirements of the country:
Provided, That the construction
and repair shall be undertaken
by the Bureau of Public Works in

coordination with the Bureau of

Public Schools or Bureau of
Vocational Education, as the
case may be, and the local
school board: Provided, further,
That in cases where the cost of
the school project does not
exceed ten thousand pesos the
construction and repair may be
undertaken by negotiated
contract by the Parents-Teachers
Association or by the barrio
councils concerned under the
supervision and direction of the
Bureau of Public Works;
(c) the payment and adjustment
of salaries of public school
teachers under and by virtue of
Republic Act Numbered Five
thousand one hundred sixty-eight
and all the benefits in favor of
public school teachers provided
under Republic Act Numbered
Four thousand six hundred
seventy;
(d) the preparation, printing
and/or purchase of textbooks,
teachers' guides, forms and
pamphlets, approved in
accordance with existing laws to
be used in all public schools;
(e) the purchase and/or
improvement, repair and
refurbishing of machinery,
laboratory, technical and similar

equipment and apparatus,

including spare parts needed by
the Bureau of Vocational
Education and secondary
schools offering vocational
courses;
(f) the establishment of a printing
plant to be used exclusively for
the printing needs of the
Department of Education and the
improvement of regional printing
plants in the vocational schools;
(g) the purchase of teaching
materials such as workbooks,
atlases, flip charts, science and
mathematics teaching aids, and
simple laboratory devices for
elementary and secondary
classes;
(h) the implementation of the
existing program for citizenship
development in barrio high
schools, folk schools and adult
education classes;
(i) the undertaking of education
research, including that of the
Board of National Education;
(j) the granting of government
scholarships to poor but
deserving students under
Republic Act Numbered Four

thousand ninety; and

(k) the promotion of physical
education, such as athletic
meets.
RA FREE SECONDARY PUBLIC
EDUCATION ACT OF 1988

Article XXVII
(1) Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.

Section 17, Art. II

The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and

Section 4. Implementation of Free

Public Secondary Education. The
system of free public secondary
education as provided in this Act shall
commence in School Year 1988-1989,
and that the students enrolled in
secondary course offerings in national
and general comprehensive high
schools, state colleges and universities,
specialized schools, trade, technical,
vocational, fishery and agricultural
schools and in schools which may be
established by law, shall be free from
payment of tuition and other school fees,
except fees related to membership in the
school community such as identification
cards, student organizations and
publication which may be collected:
provided, that nothing in this Act shall
cause or authorize the reduction or
removal of any benefit which the national
or local government may have granted to
the students, teachers and other school
personnel of these public high schools
prior to the enactment of this Act.
PD 374 CULTURAL PROPERTIES
PRESERVATION AND PROTECTION
ACT

(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.

promote total human liberation and development.

Section 1. Section 2 to 22 of Republic

Act No. 4846 are hereby amended to
read as follows:
"Sec. 2. It is hereby declared to be the
policy of the state to preserve and protect
the important cultural properties and
National Cultural Treasures of the nation
and to safeguard their intrinsic value."
"Sec. 3.
"a. Cultural properties are old
buildings, monuments, shrines,
documents, and objects which
may be classified as antiques,
relics, or artifacts, landmarks,
anthropological and historical
sites, and specimens of natural
history which are of cultural,
historical, anthropological or
scientific value and significance
to the nation; such as physical,
anthropological, archeological
and ethnographical materials,
meteorites and tektites; historical
objects and manuscripts;
household and agricultural
implements; decorative articles
or personal adornment; works of
art such as paintings, sculptures,
carvings, jewelry, music,
architecture, sketches, drawings,
or illustrations in part or in whole;
works of industrial and
commercial art such as furniture,
pottery, ceramics, wrought iron,
gold, bronze, silver, wood or

other heraldic items, metals,

coins, medals, badges, insignias,
coat of arms, crests, flags, arms,
and armor; vehicles or ships or
boats in part or in whole.
"b. Cultural properties which
have been singled out from
among the innumerable cultural
properties as having exceptional
historical and cultural
significance to the Philippines,
but are not sufficiently
outstanding to merit the
classification of "National Cultural
Treasures" are important cultural
properties.
XX
RA 8293 INTELLECTUAL PROPERTY
CODE
SECTION 2. Declaration of State Policy.
The State recognizes that an
effective intellectual and industrial
property system is vital to the
development of domestic and creative
activity, facilitates transfer of
technology, attracts foreign investments,
and ensures market access for our
products. It shall protect and secure the
exclusive rights of scientists,
inventors, artists and other gifted citizens
to their intellectual property and
creations, particularly when beneficial to
the people, for such periods as
provided in this Act.

Article XXVIII
Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.

Section 9, Art. II
The State shall promote a just and dynamic social
order that will ensure the
prosperity and independence of the nation and free the
people from poverty through
policies that provide adequate social services, promote
full employment, a rising
standard of living, and an improved quality of life for all.

INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

CONSTITUTION

Article 1

Section 7, Article II:

1. All peoples have the right of self-determination. By virtue of that right

they freely determine their political status and freely pursue their
economic, social and cultural development.

The State shall pursue an independent

foreign policy. In its relations with other
states, the paramount consideration shall be
national sovereignty, territorial integrity,
national interest, and the right to selfdetermination.

2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its
own means of subsistence.

DOMESTIC LEGISLATION
RA 8371 INDIGENOUS PEOPLES
RIGHTS ACT
SECTION 13.
Self-Governance .
The State recognizes the inherent
right of ICCs/IPs to self-governance
and self-determination and respects
the integrity of their values, practices
and institutions. Consequently, the
State shall guarantee the right of
ICCs/IPs to freely pursue their
economic, social and cultural
development.

3. The States Parties to the present Covenant, including those having

responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-determination,
and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.

Article 2
1. Each State Party to the present Covenant undertakes to take steps,
individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available

Section 5, Article III:

No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or preference,

RA 6725: AN ACT STRENGTHENING

THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN
WITH RESPECT TO TERMS AND
CONDITIONS OF EMPLOYMENT,
AMENDING FOR THE PURPOSE

resources, with a view to achieving progressively the full realization of the

rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.
2. The States Parties to the present Covenant undertake to guarantee
that the rights enunciated in the present Covenant will be exercised
without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth
or other status.
3. Developing countries, with due regard to human rights and their
national economy, may determine to what extent they would guarantee
the economic rights recognized in the present Covenant to non-nationals.

shall forever be allowed. No religious test

shall be required for the exercise of civil or
political rights.

ARTICLE ONE HUNDRED THIRTYFIVE OF THE LABOR CODE, AS

AMENDED.
SEC. 1. Article One hundred thirty-five
of the Labor Code, as amended, is
hereby further amended to read as
follows:
Art. 135. Discrimination Prohibited It
shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.
The following are acts of
discrimination:
(a) Payment of 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 value; and
(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
Xxxx

Article 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all economic, social and
cultural rights set forth in the present Covenant.

RA 9710 MAGNA CARTA FOR

WOMEN
Section 2. Declaration of Policy. Recognizing that the economic,
political, and sociocultural realities
affect women's current condition, the
State affirms the role of women in
nation building and ensures the

substantive equality of women and

men. It shall promote empowerment of
women and pursue equal opportunities
for women and men and ensure equal
access to resources and to
development results and outcome.
Further, the State realizes that equality
of men and women entails the abolition
of the unequal structures and practices
that perpetuate discrimination and
inequality. To realize this, the State
shall endeavor to develop plans,
policies, programs, measures, and
mechanisms to address discrimination
and inequality in the economic,
political, social, and cultural life of
women and men.
The State condemns discrimination
against women in all its forms and
pursues by all appropriate means and
without delay the policy of eliminating
discrimination against women in
keeping with the Convention on the
Elimination of All Forms of
Discrimination Against Women
(CEDAW) and other international
instruments consistent with Philippine
law. The State shall accord women the
rights, protection, and opportunities
available to every member of society.
The State affirms women's rights as
human rights and shall intensify its
efforts to fulfill its duties under
international and domestic law to
recognize, respect, protect, fulfill, and
promote all human rights and

fundamental freedoms of women,

especially marginalized women, in the
economic, social, political, cultural, and
other fields without distinction or
discrimination on account of class, age,
sex, gender, language, ethnicity,
religion, ideology, disability, education,
and status. The State shall provide the
necessary mechanisms to enforce
women's rights and adopt and
undertake all legal measures
necessary to foster and promote the
equal opportunity for women to
participate in and contribute to the
development of the political, economic,
social, and cultural realms.
The State, in ensuring the full
integration of women's concerns in the
mainstream of development, shall
provide ample opportunities to
enhance and develop their skills,
acquire productive employment and
contribute to their families and
communities to the fullest of their
capabilities.
In pursuance of this policy, the State
reaffirms the right of women in all
sectors to participate in policy
formulation. planning, organization,
implementation, management,
monitoring, and evaluation of all
programs, projects, and services. It
shall support policies, researches,
technology, and training programs and
other support services such as
financing, production, and marketing to

encourage active participation of

women in national development.
Section 3. Principles of Human
Rights of Women. - Human rights are
universal and inalienable. All people in
the world are entitled to them. The
universality of human rights is
encompassed in the words of Article 1
of the Universal Declaration of Human
Rights, which states that all human
beings are free and equal in dignity
and rights.
Human rights are indivisible. Human
rights are inherent to the dignity of
every human being whether they relate
to civil, cultural, economic, political, or
social issues.
Human rights are interdependent and
interrelated. The fulfillment of one right
often depends, wholly or in part, upon
the fulfillment of others.
All individuals are equal as human
beings by virtue of the inherent dignity
of each human person. No one,
therefore, should suffer discrimination
on the basis of ethnicity, gender, age,
language, sexual orientation, race,
color, religion, political, or other
opinion, national, social, or
geographical origin, disability, property,
birth, or other status as established by
human rights standards.
All people have the right to participate

in and access information relating to

the decision- making processes that
affect their lives and well-being. Rightsbased approaches require a high
degree of participation by communities,
civil society, minorities, women, young
people, indigenous peoples, and other
identified groups.
States and other duty-bearers are
answerable for the observance of
human rights. They have to comply
with the legal norms and standards
enshrined in international human rights
instruments in accordance with the
Philippine Constitution. Where they fail
to do so, aggrieved rights-holders are
entitled to institute proceedings for
appropriate redress before a
competent court or other adjudicator in
accordance with the rules and
procedures provided by law
Article 4
The States Parties to the present Covenant recognize that, in the
enjoyment of those rights provided by the State in conformity with the
present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be
compatible with the nature of these rights and solely for the purpose of
promoting the general welfare in a democratic society.

Article 5

Section 3, Art II
Civilian authority is, at all times, supreme
over the military. The Armed Forces of the
Philippines is the protector of the people and
the State. Its goal is to secure
the sovereignty of the State and the integrity
of the national territory.
Section 5, Art II
The maintenance of peace and order, the
protection of life, liberty, and property, and
promotion of the general welfare are
essential for the enjoyment by all the people
of the blessings of democracy.
Section 3, Art II
Civilian authority is, at all times, supreme

1. Nothing in the present Covenant may be interpreted as implying for any

State, group or person any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights or freedoms
recognized herein, or at their limitation to a greater extent than is provided
for in the present Covenant.
2. No restriction upon or derogation from any of the fundamental human
rights recognized or existing in any country in virtue of law, conventions,
regulations or custom shall be admitted on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a
lesser extent.
Article 6
1. The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living by
work which he freely chooses or accepts, and will take appropriate steps
to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to
achieve the full realization of this right shall include technical and
vocational guidance and training programmes, policies and techniques to
achieve steady economic, social and cultural development and full and
productive employment under conditions safeguarding fundamental
political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of just and favourable conditions of work which
ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions of
work not inferior to those enjoyed by men, with equal pay for equal work;

over the military. The Armed Forces of the

Philippines is the protector of the people and
the State. Its goal is to secure
the sovereignty of the State and the integrity
of the national territory.
Section 5, Art II
The maintenance of peace and order, the
protection of life, liberty, and property, and
promotion of the general welfare are
essential for the enjoyment by all the people
of the blessings of democracy.
Section 18, Art II
The State affirms labor as a primary social
economic force. It shall protect the rights of
workers and promote their welfare.
Section 12, Art XII
The State shall promote the preferential use
of Filipino labor, domestic materials and
locally produced goods, and adopt measures
that help make them competitive.
Section 8, Art. III
The right of the people, including those
employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law
shall not be abridged.
Section 3, Art XIII
The State shall afford full protection to labor,
local and overseas, organized and
unorganized, and promote full employment
and equality of employment opportunities for
all. It shall guarantee the rights of all workers
to self-organization, collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike in
accordance with law. They shall be entitled to
security of tenure, humane conditions of

LABOR CODE
Art. 279. Security of tenure. In cases of
regular employment, the employer
shall not terminate the services of an
employee except for a just cause or
when authorized by this Title. An
employee who is unjustly dismissed
from work shall be entitled to
reinstatement without loss of seniority
rights and other privileges and to his
full
backwages, inclusive of allowances,
and to his other benefits or their
monetary
equivalent computed from the time his
compensation was withheld from him
up to the time of his actual
reinstatement. (As amended by
Section 34, Republic Act No. 6715,
March 21, 1989)
Art. 280. Regular and casual
employment. The provisions of written
agreement
to the contrary notwithstanding and

(ii) A decent living for themselves and their families in accordance with the
provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to
an appropriate higher level, subject to no considerations other than those
of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic
holidays with pay, as well as remuneration for public holidays
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of
his choice, subject only to the rules of the organization concerned, for the
promotion and protection of his economic and social interests. No
restrictions may be placed on the exercise of this right other than those
prescribed by law and which are necessary in a democratic society in the
interests of national security or public order or for the protection of the
rights and freedoms of others;
(b) The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international tradeunion organizations;
(c) The right of trade unions to function freely subject to no limitations
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the
laws of the particular country.

work, and a living wage. They shall also

participate in policy and decision-making
processes affecting their rights and benefits
as may be provided by law.
The State shall promote the principle of
shared responsibility between workers and
employers and the preferential use of
voluntary modes in settling disputes,
including conciliation, and shall enforce their
mutual compliance therewith to foster
industrial
peace.
The State shall regulate the relations
between workers and employers, recognizing
the right of labor to its just share in the fruits
of production and the right of enterprises to
reasonable returns to investments, and to
expansion and growth.

regardless of the oral agreement of the

parties, an employment shall be
deemed to be regular where the
employee has been engaged to
perform activities which are usually
necessary or desirable in the usual
business or trade of the employer,
except where the employment has
been fixed for a specific project or
undertaking the completion or
termination of which has been
determined at the time of the
engagement of the employee or where
the work or service to be performed is
seasonal in nature and the
employment is for the duration of the
season.
Art. 135. Discrimination prohibited. It
shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of
employment solely on account of her
sex.
The following are acts of
discrimination:
a. Payment of a lesser compensation,
including wage, salary or other form of
remuneration and fringe benefits, to a
female employees as against a male
employee, for work of equal value; and
b. Favoring a male employee over a
female employee with respect to
promotion,
training opportunities, study and
scholarship grants solely on account of

2. This article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces or of the police
or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or apply the law in such a manner as
would prejudice, the guarantees provided for in that Convention.

their sexes.
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 penalized as provided
in Articles 288 and 289 of this Code:
Provided, That the institution of 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 damages and
other affirmative reliefs. The actions
hereby authorized shall proceed
independently of each other. (As
amended by Republic Act No. 6725,
May 12, 1989)
Art. 136. Stipulation against marriage.
It shall be unlawful for an employer to
require as a condition of employment
or continuation of employment that a
woman employee shall not get married,
or to stipulate expressly or tacitly that
upon getting married, a woman
employee shall be deemed resigned or
separated, or to actually dismiss,
discharge, discriminate or otherwise
prejudice a woman employee merely
by reason of her marriage
RA 7877 ANTI-SEXUAL
HARASSMENT LAW
SEC. 3. Work, Education or Trainingrelated Sexual Harassment Defined.
Work, education or training-related
sexual harassment is committed by an

employer,
employee, manager, supervisor, agent
of the employer, teacher, instructor,
professor,
coach, trainor, or any other person
who, having authority, influence or
moral ascendancy
over another in a work or training or
education environment, demands,
requests or
otherwise requires any sexual favor
from the other, regardless of whether
the demand,
request or requirement for submission
is accepted by the object of said Act.
(a) In a work-related or employment
environment, sexual harassment is
committed when:
(1) The sexual favor is made as a
condition in the hiring or in the
employment, re-employment or
continued employment of said
individual, or in granting said individual
favorable compensation, terms,
conditions, promotions, or privileges; or
the refusal to grant the sexual
favor results in limiting, segregating or
classifying the employee which in
Republic Act No. 7877 page 2
any way would discriminate, deprive or
diminish employment
opportunities or otherwise adversely
affect said employee;
(2) The above acts wold impair the
employees rights or privileges under

existing labor laws; or

(3) The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training
environment, sexual harassment is
committed:
(1) Against one who is under the care,
custody or supervision of the
offender;
(2) Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a
condition to the giving of a passing
grade, or the granting of honors and
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges, or considerations; or
(4) When the sexual advances result in
an intimidating, hostile or offensive
environment for the student, trainee or
apprentice.
Any person who directs or induces
another to commit any act of sexual
harassment as herein defined, or who
cooperates in the commission thereof
by another
without which it would not have been
committed, shall also be held liable

under this Act.

RA 6727 MINIMUM WAGE LAW
Sec. 2. It is hereby declared the policy
of the State to rationalize the fixing of
minimum wages and to promote
productivity-improvement and gainsharing measures to ensure a decent
standard of living for the workers and
their families; to guarantee the rights of
labor to its just share in the fruits of
production; to enhance employment
generation in the countryside through
industry dispersal; and to allow
business and industry reasonable
returns on investment, expansion and
growth.
The State shall promote collective
bargaining as the primary mode of
setting wages and other terms and
conditions of employment; and,
whenever necessary, the minimum
wage rates shall be adjusted in a fair
and equitable manner, considering
existing regional disparities in the cost
of living and other socio-economic
factors and the national economic and
social development plans.
Article 9
The States Parties to the present Covenant recognize the right of
everyone to social security, including social insurance.
Article 10

Sec. 9, Art II
The State shall promote a just and dynamic
social order that will ensure the prosperity
and independence of the nation and free the
people from poverty through policies that
provide adequate social services, promote
full employment, a rising standard of living,
and an improved quality of life for all.

RA 8282 AN ACT FURTHER

STRENGTHENING THE SOCIAL
SECURITY SYSTEM THEREBY
AMENDING FOR THIS PURPOSE,
REPUBLIC ACT NO. 1161, AS
AMENDED, OTHERWISE KNOWN AS
THE SOCIAL SECURITY LAW

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to
the family, which is the natural and fundamental group unit of society,
particularly for its establishment and while it is responsible for the care
and education of dependent children. Marriage must be entered into with
the free consent of the intending spouses.
2. Special protection should be accorded to mothers during a reasonable
period before and after childbirth. During such period working mothers
should be accorded paid leave or leave with adequate social security
benefits.
3. Special measures of protection and assistance should be taken on
behalf of all children and young persons without any discrimination for
reasons of parentage or other conditions. Children and young persons
should be protected from economic and social exploitation. Their
employment in work harmful to their morals or health or dangerous to life
or likely to hamper their normal development should be punishable by
law. States should also set age limits below which the paid employment of
child labour should be prohibited and punishable by law.
Article 11
1. The States Parties to the present Covenant recognize the right of
everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing, and to the continuous
improvement of living conditions. The States Parties will take appropriate
steps to ensure the realization of this right, recognizing to this effect the
essential importance of international co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of

SEC. 2. Declaration of Policy. - It is the

policy of the Republic of the Philippines
to establish, develop, promote and
perfect a sound and viable tax-exempt
social security service suitable to the
needs of the people throughout the
Philippines which shall promote social
justice and provide meaningful
protection to members and their
beneficiaries against the hazards of
disability, sickness, maternity, old age,
death, and other contingencies
resulting in loss of income or financial
burden. Towards this end, the State
shall endeavor to extend social security
protection to workers and their
beneficiaries.
RA 8291 THE GOVERNMENT
SERVICE INSURANCE SYSTEM ACT
OF 1997

SECTION 3. Compulsory Membership.

Membership in the GSIS shall be
compulsory for all employees receiving
compensation who have not reached
the
compulsory
retirement
age,
irrespective of employment status,
except members of the Armed Forces
of the Philippines and the Philippine
National Police, subject to the condition
that they must settle first their financial
obligation with the GSIS, and
contractuals who have no employer
and employee relationship with the
agencies they serve.

food by making full use of technical and scientific knowledge, by

disseminating knowledge of the principles of nutrition and by developing
or reforming agrarian systems in such a way as to achieve the most
efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and foodexporting countries, to ensure an equitable distribution of world food
supplies in relation to need.
Article 12
1. The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of the highest attainable standard of physical
and mental health.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial
hygiene;
(c) The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
(d) The creation of conditions which would assure to all medical service
and medical attention in the event of sickness.

"Except for the members of the

judiciary
and
constitutional
commissions who shall have life
insurance only, all members of the
GSIS shall have life insurance,
retirement, and all other social security
protection
such
as
disability,
survivorship,
separation,
and
unemployment benefits.
RA 7875 NATIONAL HEALTH
INSURANCE ACT OF 1995
SEC. 3. General Objectives. This Act
seeks to:
a) provide all citizens of the Philippines
with the mechanism to gain financial
access to health services;
b) create the National Health Insurance
Program, hereinafter referred to as the
Program, to serve as the
means to help the people pay for
health care services;
c) prioritize and accelerate the
provision of health services to all
Filipinos, especially that segment of the
population who cannot afford such
services; and
d) establish the Philippine Health
Insurance Corporation, hereinafter
referred to as the Corporation, that
will administer the Program at central
and local levels
RA 9679 HOME DEVELOPMENT
MUTUAL FUND LAW OF 2009

SEC. 2. Declaration of Policy. - It is the

policy of the State to establish,
develop, promote, and integrate a
nationwide
sound and viable tax-exempt mutual
provident savings system suitable to
the needs ofthe employed and other
earning groups, and to motivate them
to better plan and provide for their
housing
RA 9710 MAGNA CARTA FOR
WOMEN
Section 2. Declaration of Policy. Recognizing that the economic,
political, and sociocultural realities
affect women's current condition, the
State affirms the role of women in
nation building and ensures the
substantive equality of women and
men. It shall promote empowerment of
women and pursue equal opportunities
for women and men and ensure equal
access to resources and to
development results and outcome.
Further, the State realizes that equality
of men and women entails the abolition
of the unequal structures and practices
that perpetuate discrimination and
inequality. To realize this, the State
shall endeavor to develop plans,
policies, programs, measures, and
mechanisms to address discrimination
and inequality in the economic,
political, social, and cultural life of
women and men.

The State condemns discrimination

against women in all its forms and
pursues by all appropriate means and
without delay the policy of eliminating
discrimination against women in
keeping with the Convention on the
Elimination of All Forms of
Discrimination Against Women
(CEDAW) and other international
instruments consistent with Philippine
law. The State shall accord women the
rights, protection, and opportunities
available to every member of society.
The State affirms women's rights as
human rights and shall intensify its
efforts to fulfill its duties under
international and domestic law to
recognize, respect, protect, fulfill, and
promote all human rights and
fundamental freedoms of women,
especially marginalized women, in the
economic, social, political, cultural, and
other fields without distinction or
discrimination on account of class, age,
sex, gender, language, ethnicity,
religion, ideology, disability, education,
and status. The State shall provide the
necessary mechanisms to enforce
women's rights and adopt and
undertake all legal measures
necessary to foster and promote the
equal opportunity for women to
participate in and contribute to the
development of the political, economic,
social, and cultural realms.
The State, in ensuring the full

integration of women's concerns in the

mainstream of development, shall
provide ample opportunities to
enhance and develop their skills,
acquire productive employment and
contribute to their families and
communities to the fullest of their
capabilities.
In pursuance of this policy, the State
reaffirms the right of women in all
sectors to participate in policy
formulation. planning, organization,
implementation, management,
monitoring, and evaluation of all
programs, projects, and services. It
shall support policies, researches,
technology, and training programs and
other support services such as
financing, production, and marketing to
encourage active participation of
women in national development.
Section 3. Principles of Human
Rights of Women. - Human rights are
universal and inalienable. All people in
the world are entitled to them. The
universality of human rights is
encompassed in the words of Article 1
of the Universal Declaration of Human
Rights, which states that all human
beings are free and equal in dignity
and rights.
Human rights are indivisible. Human
rights are inherent to the dignity of
every human being whether they relate
to civil, cultural, economic, political, or

social issues.
Human rights are interdependent and
interrelated. The fulfillment of one right
often depends, wholly or in part, upon
the fulfillment of others.
All individuals are equal as human
beings by virtue of the inherent dignity
of each human person. No one,
therefore, should suffer discrimination
on the basis of ethnicity, gender, age,
language, sexual orientation, race,
color, religion, political, or other
opinion, national, social, or
geographical origin, disability, property,
birth, or other status as established by
human rights standards.
All people have the right to participate
in and access information relating to
the decision- making processes that
affect their lives and well-being. Rightsbased approaches require a high
degree of participation by communities,
civil society, minorities, women, young
people, indigenous peoples, and other
identified groups.
States and other duty-bearers are
answerable for the observance of
human rights. They have to comply
with the legal norms and standards
enshrined in international human rights
instruments in accordance with the
Philippine Constitution. Where they fail
to do so, aggrieved rights-holders are
entitled to institute proceedings for

appropriate redress before a

competent court or other adjudicator in
accordance with the rules and
procedures provided by law.
RA 10354 THE RESPONSIBLE
PARENTHOOD AND
REPRODUCTIVE HEALTH ACT OF
2012

SEC. 2. Declaration of Policy. The

State recognizes and guarantees the
human rights of all persons including
their right to equality and
nondiscrimination of these rights, the
right to sustainable human
development, the right to health which
includes reproductive health, the right
to education and information, and the
right to choose and make decisions for
themselves in accordance with their
religious convictions, ethics, cultural
beliefs, and the demands of
responsible parenthood.
Pursuant to the declaration of State
policies under Section 12, Article II of
the 1987 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 the unborn from
conception. The State shall protect and
promote the right to health of 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 State shall likewise
protect and advance the right of
families in particular and the people in
general to a balanced and healthful
environment in accord with the rhythm
and harmony of nature. The State also
recognizes and guarantees the
promotion and equal protection of the
welfare and rights of children, the
youth, and the unborn.
Moreover, the State recognizes and
guarantees the promotion of gender
equality, gender equity, women
empowerment and dignity as a health
and human rights concern and as a
social responsibility. The advancement
and protection of womens human
rights shall be central to the efforts of
the State to address reproductive

health care.
The State recognizes marriage as an
inviolable social institution and the
foundation of the family which in turn is
the foundation of the nation. Pursuant
thereto, the State shall defend:
(a) The right of spouses to found a
family in accordance with their religious
convictions and the demands of
responsible parenthood;
(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;
(c) The right of the family to a family
living wage and income; and
(d) The right of families or family
associations to participate in the
planning and implementation of
policies and programs
The State likewise guarantees
universal access to medically-safe,

non-abortifacient, effective, legal,

affordable, and quality reproductive
health care services, methods,
devices, supplies which do not prevent
the implantation of a fertilized ovum as
determined by the 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 System for Poverty
Reduction (NHTS-PR) and other
government measures of identifying
marginalization, who shall be voluntary
beneficiaries of reproductive health
care, services and supplies for free.
The State shall eradicate
discriminatory practices, laws and
policies that infringe on a persons
exercise of reproductive health rights.

Article 13

Section 1, Art XIV

The State shall also promote openness

to life; Provided, That parents bring
forth to the world only those children
whom they can raise in a truly humane
way.
RA 5447 SPECIAL EDUCATION

1. The States Parties to the present Covenant recognize the right of

everyone to education. They agree that education shall be directed to the
full development of the human personality and the sense of its dignity,
and shall strengthen the respect for human rights and fundamental
freedoms. They further agree that education shall enable all persons to
participate effectively in a free society, promote understanding, tolerance
and friendship among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance of
peace.
2. The States Parties to the present Covenant recognize that, with a view
to achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis
of capacity, by every appropriate means, and in particular by the
progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
(e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to choose
for their children schools, other than those established by the public

The State shall protect and promote the right

of all citizens to quality education at all levels,
and shall take appropriate steps to make
such education accessible to all.
Section 17 Art II
The State shall give priority to education,
science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
promote total human liberation and
development.

FUND LAW
Section 1. Declaration of policy;
creation of Special Education Fund. It
is hereby declared to be the policy of
the government to contribute to the
financial support of the goals of
education as provided by the
Constitution. For this purpose, there is
hereby created a Special Education
Fund, hereinafter referred to as the
Fund, to be derived from the additional
tax on real property and from a certain
portion of the taxes on Virginia-type
cigarettes and duties on imported leaf
tobacco, hereinafter provided for, which
shall be expended exclusively for the
following activities of the Department of
Education:
(a) the organization and
operation of such number of
extension classes as may be
needed to accommodate all
children of school age desiring
to enter Grade I, including the
creation of positions of
classroom teachers, head
teachers and principals for
such extension classes, which
shall not exceed the standard
requirements of the Bureau of
Public Schools: Provided, That
under equal circumstances, in
the opening of such extension
classes, priority shall be given
to the needs of barrios;

authorities, which conform to such minimum educational standards as

may be laid down or approved by the State and to ensure the religious
and moral education of their children in conformity with their own
convictions.
4. No part of this article shall be construed so as to interfere with the
liberty of individuals and bodies to establish and direct educational
institutions, subject always to the observance of the principles set forth in
paragraph I of this article and to the requirement that the education given
in such institutions shall conform to such minimum standards as may be
laid down by the State.
Article 14
Each State Party to the present Covenant which, at the time of becoming
a Party, has not been able to secure in its metropolitan territory or other
territories under its jurisdiction compulsory primary education, free of
charge, undertakes, within two years, to work out and adopt a detailed
plan of action for the progressive implementation, within a reasonable
number of years, to be fixed in the plan, of the principle of compulsory
education free of charge for all.

(b) the programming of the

construction and repair of
elementary school buildings,
acquisition of sites, and the
construction and repair of
workshops and similar
buildings and accessories
thereof to house laboratory,
technical and similar
equipment and apparatus
needed by public schools
offering practical arts, home
economics and vocational
courses, giving priority to
elementary schools on the
basis of the actual needs and
total requirements of the
country: Provided, That the
construction and repair shall
be undertaken by the Bureau
of Public Works in coordination
with the Bureau of Public
Schools or Bureau of
Vocational Education, as the
case may be, and the local
school board: Provided,
further, That in cases where
the cost of the school project
does not exceed ten thousand
pesos the construction and
repair may be undertaken by
negotiated contract by the
Parents-Teachers Association
or by the barrio councils
concerned under the
supervision and direction of the
Bureau of Public Works;

(c) the payment and

adjustment of salaries of public
school teachers under and by
virtue of Republic Act
Numbered Five thousand one
hundred sixty-eight and all the
benefits in favor of public
school teachers provided
under Republic Act Numbered
Four thousand six hundred
seventy;
(d) the preparation, printing
and/or purchase of textbooks,
teachers' guides, forms and
pamphlets, approved in
accordance with existing laws
to be used in all public schools;
(e) the purchase and/or
improvement, repair and
refurbishing of machinery,
laboratory, technical and
similar equipment and
apparatus, including spare
parts needed by the Bureau of
Vocational Education and
secondary schools offering
vocational courses;
(f) the establishment of a
printing plant to be used
exclusively for the printing
needs of the Department of
Education and the
improvement of regional
printing plants in the vocational

schools;
(g) the purchase of teaching
materials such as workbooks,
atlases, flip charts, science
and mathematics teaching
aids, and simple laboratory
devices for elementary and
secondary classes;
(h) the implementation of the
existing program for citizenship
development in barrio high
schools, folk schools and adult
education classes;
(i) the undertaking of education
research, including that of the
Board of National Education;
(j) the granting of government
scholarships to poor but
deserving students under
Republic Act Numbered Four
thousand ninety; and
(k) the promotion of physical
education, such as athletic
meets.
RA FREE SECONDARY PUBLIC
EDUCATION ACT OF 1988
Section 4. Implementation of Free
Public Secondary Education. The
system of free public secondary
education as provided in this Act shall

commence in School Year 1988-1989,

and that the students enrolled in
secondary course offerings in national
and general comprehensive high
schools, state colleges and
universities, specialized schools, trade,
technical, vocational, fishery and
agricultural schools and in schools
which may be established by law, shall
be free from payment of tuition and
other school fees, except fees related
to membership in the school
community such as identification cards,
student organizations and publication
which may be collected: provided, that
nothing in this Act shall cause or
authorize the reduction or removal of
any benefit which the national or local
government may have granted to the
students, teachers and other school
personnel of these public high schools
prior to the enactment of this Act.

Article 15
1. The States Parties to the present Covenant recognize the right of
everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is
the author.

Section 17, Art. II

The State shall give priority to education,
science and technology, arts, culture, and
sports to foster patriotism and nationalism,
accelerate social progress, and
promote total human liberation and
development.

PD 374 CULTURAL PROPERTIES

PRESERVATION AND PROTECTION
ACT
Section 1. Section 2 to 22 of Republic
Act No. 4846 are hereby amended to
read as follows:
"Sec. 2. It is hereby declared to be the
policy of the state to preserve and
protect the important cultural properties
and National Cultural Treasures of the
nation and to safeguard their intrinsic
value."

2. The steps to be taken by the States Parties to the present Covenant to

achieve the full realization of this right shall include those necessary for
the conservation, the development and the diffusion of science and
culture.
3. The States Parties to the present Covenant undertake to respect the
freedom indispensable for scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to
be derived from the encouragement and development of international
contacts and co-operation in the scientific and cultural fields.

"Sec. 3.
"a. Cultural properties are old
buildings, monuments, shrines,
documents, and objects which
may be classified as antiques,
relics, or artifacts, landmarks,
anthropological and historical
sites, and specimens of natural
history which are of cultural,
historical, anthropological or
scientific value and
significance to the nation; such
as physical, anthropological,
archeological and
ethnographical materials,
meteorites and tektites;
historical objects and
manuscripts; household and
agricultural implements;
decorative articles or personal
adornment; works of art such
as paintings, sculptures,
carvings, jewelry, music,
architecture, sketches,
drawings, or illustrations in part
or in whole; works of industrial
and commercial art such as
furniture, pottery, ceramics,
wrought iron, gold, bronze,
silver, wood or other heraldic
items, metals, coins, medals,
badges, insignias, coat of
arms, crests, flags, arms, and
armor; vehicles or ships or
boats in part or in whole.
"b. Cultural properties which

have been singled out from

among the innumerable
cultural properties as having
exceptional historical and
cultural significance to the
Philippines, but are not
sufficiently outstanding to merit
the classification of "National
Cultural Treasures" are
important cultural properties.
XX
RA 8293 INTELLECTUAL
PROPERTY CODE
SECTION 2. Declaration of State
Policy. The State recognizes that an
effective intellectual and industrial
property system is vital to the
development of domestic and creative
activity, facilitates transfer of
technology, attracts foreign
investments, and ensures market
access for our
products. It shall protect and secure
the exclusive rights of scientists,
inventors, artists and other gifted
citizens to their intellectual property
and
creations, particularly when beneficial
to the people, for such periods as
provided in this Act.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Article 1

CONSTITUTION
Section 7, Article II:

DOMESTIC LEGISLATION
RA 8371 INDIGENOUS PEOPLES
RIGHTS ACT

1. All peoples have the right of self-determination. By virtue of that right

they freely determine their political status and freely pursue their
economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of mutual
benefit, and international law. In no case may a people be deprived of its
own means of subsistence.

The State shall pursue an independent

foreign policy. In its relations with other
states, the paramount consideration shall be
national sovereignty, territorial integrity,
national interest, and the right to selfdetermination.

SECTION 13.
Self-Governance .
The State recognizes the inherent
right of ICCs/IPs to self-governance
and self-determination and respects
the integrity of their values, practices
and institutions. Consequently, the
State shall guarantee the right of
ICCs/IPs to freely pursue their
economic, social and cultural
development.

Section 14. Art III

(1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed
of the nature and cause of the accusation
against him, to have a speedy,
impartial, and public trial, to meet the
witnesses face to face, and to have
compulsory process to secure the
attendance of witnesses and the production
of evidence in his
behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the
accused: Provided, that he has been duly
notified and his failure to appear is
unjustifiable.

RULES OF COURT
Rule 115:
Section 1. Rights of accused at trial.
In all criminal prosecutions, the
accused shall be entitled to the
following rights:

3. The States Parties to the present Covenant, including those having

responsibility for the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self-determination,
and shall respect that right, in conformity with the provisions of the
Charter of the United Nations.
Article 2
1. Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes to take
the necessary steps, in accordance with its constitutional processes and
with the provisions of the present Covenant, to adopt such laws or other
measures as may be necessary to give effect to the rights recognized in
the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;

(a) To be presumed innocent until the

contrary is proved beyond reasonable
doubt.
(b) To be informed of the nature and
cause of the accusation against him.
(c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment. The
accused may, however, waive his
presence at the trial pursuant to the
stipulations set forth in his bail, unless
his presence is specifically ordered by

(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.

the court for purposes of identification.

The absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a
waiver of his right to be present
thereat. When an accused under
custody escapes, he shall be deemed
to have waived his right to be present
on all subsequent trial dates until
custody over him is regained. Upon
motion, the accused may be allowed to
defend himself in person when it
sufficiently appears to the court that he
can properly protect his rights without
the assistance of counsel.
(d) To testify as a witness in his own
behalf but subject to cross-examination
on matters covered by direct
examination. His silence shall not in
any manner prejudice him.
(e) To be exempt from being compelled
to be a witness against himself.
(f) To confront and cross-examine the
witnesses against him at the trial.
Either party may utilize as part of its
evidence the testimony of a witness
who is deceased, out of or can not with
due diligence be found in the
Philippines, unavailable, or otherwise
unable to testify, given in another case
or proceeding, judicial or
administrative, involving the same
parties and subject matter, the adverse
party having the opportunity to crossexamine him.

(g) To have compulsory process issued

to secure the attendance of witnesses
and production of other evidence in his
behalf.
(h) To have speedy, impartial and
public trial.

Article 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political rights set
forth in the present Covenant.

Article 4
1 . In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the
present Covenant may take measures derogating from their obligations
under the present Covenant to the extent strictly required by the
exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do not
involve discrimination solely on the ground of race, colour, sex, language,

Section 14. The State recognizes the role of

women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.

Section 5, Article III:

No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or preference,
shall forever be allowed. No religious test
shall be required for the exercise of civil or
political rights.

(i) To appeal in all cases allowed and in

the manner prescribed by law.
RA 9710 MAGNA CARTA FOR
WOMEN
CHAPTER V
RIGHTS AND EMPOWERMENT OF
MARGINALIZED SECTORS
Women in marginalized sectors are
hereby guaranteed all civil, political,
social, and economic rights
recognized, promoted, and protected
under existing laws including, but not
limited to, the Indigenous Peoples
Rights Act, the Urban Development
and Housing Act, the Comprehensive
Agrarian Reform Law, the Fisheries
Code, the Labor Code, the Migrant
Workers Act, the Solo Parents Welfare
Act, and the Social Reform and
Poverty Alleviation Act.
RA 6725: AN ACT STRENGTHENING
THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN
WITH RESPECT TO TERMS AND
CONDITIONS OF EMPLOYMENT,
AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTYFIVE OF THE LABOR CODE, AS
AMENDED.

religion or social origin.

SEC. 1. Article One hundred thirty-five

of the Labor Code, as amended, is
hereby further amended to read as
follows:

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and

18 may be made under this provision.

Art. 135. Discrimination Prohibited It

shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.

3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the
present Covenant, through the intermediary of the Secretary-General of
the United Nations, of the provisions from which it has derogated and of
the reasons by which it was actuated. A further communication shall be
made, through the same intermediary, on the date on which it terminates
such derogation.

Article 6
1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and not
contrary to the provisions of the present Covenant and to the Convention
on the Prevention and Punishment of the Crime of Genocide. This penalty
can only be carried out pursuant to a final judgement rendered by a
competent court.

The following are acts of

discrimination:
(a) Payment of 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 value; and
(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
Xxxx
Section 1, Article III:
No person shall be deprived of life, liberty, or
property without due process of law, nor shall
any person be denied the equal protection of
the laws.

RA 9344 JUVENILE JUSTICE AND

WELFARE ACT OF 2006
Sec. 2. Declaration of State Policy. The following State policies shall be
observed at all times:
(a) The State recognizes the vital role
of children and youth in nation building
and shall promote and protect their
physical, moral, spiritual, intellectual
and social well-being. It shall inculcate
in the youth patriotism and nationalism,

3. When deprivation of life constitutes the crime of genocide, it is

understood that nothing in this article shall authorize any State Party to
the present Covenant to derogate in any way from any obligation
assumed under the provisions of the Convention on the Prevention and
Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the
sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out on
pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present
Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without
his free consent to medical or scientific experimentation.

and encourage their involvement in

public and civic affairs.
(b) The State shall protect the best
interests of the child through measures
that will ensure the observance of
international standards of child
protection, especially those to which
the Philippines is a party. Proceedings
before any authority shall be conducted
in the best interest of the child and in a
manner which allows the child to
participate and to express
himself/herself freely. The participation
of children in the program and policy
formulation and implementation related
to juvenile justice and welfare shall be
ensured by the concerned government
agency.
(c) The State likewise recognizes the
right of children to assistance, including
proper care and nutrition, and special
protection from all forms of neglect,
abuse, cruelty and exploitation, and
other conditions prejudicial to their
development.
(d) Pursuant to Article 40 of the United
Nations Convention on the Rights of
the Child, the State recognizes the
right of every child alleged as, accused
of, adjudged, or recognized as having
infringed the penal law to be treated in
a manner consistent with the promotion
of the child's sense of dignity and
worth, taking into account the child's
age and desirability of promoting
his/her reintegration. Whenever

appropriate and desirable, the State

shall adopt measures for dealing with
such children without resorting to
judicial proceedings, providing that
human rights and legal safeguards are
fully respected. It shall ensure that
children are dealt with in a manner
appropriate to their well-being by
providing for, among others, a variety
of disposition measures such as care,
guidance and supervision orders,
counseling, probation, foster care,
education and vocational training
programs and other alternatives to
institutional care.
(e) The administration of the juvenile
justice and welfare system shall take
into consideration the cultural and
religious perspectives of the Filipino
people, particularly the indigenous
peoples and the Muslims, consistent
with the protection of the rights of
children belonging to these
communities.
(f) The State shall apply the principles
of restorative justice in all its laws,
policies and programs applicable to
children in conflict with the law.
RA 9346 AN ACT PROHIBITING THE
IMPOSITION OF DEATH PENALTY IN
THE PHILIPPINES
Section 1. The imposition of the
penalty of death is hereby prohibited.
Accordingly, Republic Act No. Eight
Thousand One Hundred Seventy-

Seven (R.A. No. 8177), otherwise

known as the Act Designating Death by
Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six
Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty
Law, and all other laws, executive
orders and decrees, insofar as they
impose the death penalty are hereby
repealed or amended accordingly.
Sec. 2. In lieu of the death penalty, the
following shall be imposed.
(a) the penalty of reclusion perpetua,
when the law violated makes use of the
nomenclature of the penalties of the
Revised Penal Code; or
(c) the penalty of life imprisonment,
when the law violated does not
make use of the nomenclature of
the penalties of the Revised Penal
Code.
RA 9745 ANTI TORTURE ACT OF
2009
SEC.2. Statement of Policy it is
hereby declared the policy of the State:
(d) To value the dignity of every
human person and guarantee full
respect for human rights;
To ensure that the rhuman rights of all
persons, including suspects, detainees,
and prisoners are respected at all
times; and that no person placed under
investigation or held in custody of any

person in authority or, agent of a

person in authority shall be subjected
to physical, psychological or mental
harm, force, violence, threat or
intimidation or any act that impairs
his/her free will or in any manner
demeans or degraded human dignity.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their
forms shall be prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to such
punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory
labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a lawful
order of a court, or of a person during conditional release from such
detention;
(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by
law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening

Section 18, Article III:

(1) No person shall be detained solely by
reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted

RA 10364 EXPANDED ANTITRAFFICKING IN

PERSONS ACT OF
2012
SEC 2. Declaration Policy It is hereby
declared that the State values the
dignity of every human person and
guarantees the respect of individual
rights. In pursuit of this policy, the State
shall give highest priority to the
enactment of measures and
development of programs that will
promote human dignity, protect the
people from any threat of violence and
exploitation, eliminate trafficking in
persons, and mitigate pressures for
involuntary migration and servitude of
persons not only to support trafficked
persons but more importantly, to
ensure their recovery, rehabilitation,
and reintegration into the mainstream
of society.
RA 10361: DOMESTIC WORKERS
ACT
SEC. 5. Standard of Treatment. The
employer or any member of the
household shall not subject a domestic
worker or kasambahay to any kind of
abuse nor inflict any form of physical

the life or well-being of the community;

violence or harassment or any act

tending to degrade the dignity of a
domestic worker.

(iv) Any work or service which forms part of normal civil obligations.

SEC. 15. Prohibition on Debt Bondage.

It shall be unlawful for the employer
or any person acting on behalf of the
employer to place the domestic worker
under debt bondage.
SEC.
16. Employment
Age
of
Domestic Workers. It shall be
unlawful to employ any person below
fifteen (15) years of age as a domestic
worker. Employment of working
children, as defined under this Act,
shall be subject to the provisionsof
Section 10(A), paragraph 2 of Section
12-A, paragraph 4 of Section 12-D, and
Section 13 of Republic Act No. 7610,
as amended, otherwise known as the
Special Protection of Children Against
Child
Abuse,
Exploitation
and
Discrimination Act.

Article 9
1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of
his liberty except on such grounds and in accordance with such
procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges
against him.

Section 1, Article III:

No person shall be deprived of life, liberty, or
property without due process of law, nor shall
any person be denied the equal protection of
the laws.

REVISED PENAL CODE

Art. 124-Arbitrary Detention Any
public officer or employee who, without
legal grounds, detains a person, shall
suffer:
1. The penalty of arresto mayor in its
maximum period to prision correccional
in its minimum period, if the detention
has not exceeded three days;
2. The penalty of prision correccional in

3. Anyone arrested or detained on a criminal charge shall be brought

promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable time or to
release. It shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be subject to guarantees to appear
for trial, at any other stage of the judicial proceedings, and, should
occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may
decide without delay on the lawfulness of his detention and order his
release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought
as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and be accorded
treatment appropriate to their age and legal status.

its medium and maximum periods, if

the detention has continued more than
three but not more than fifteen days;
3. The penalty of prision mayor, if the
detention has continued for more than
fifteen days but not more than six
months; and
4. That of reclusion temporal, if the
detention shall have exceeded six
months.
The commission of a crime, or violent
insanity or any other ailment requiring
the compulsory confinement of the
patient in a hospital, shall be
considered legal grounds for the
detention of any person.
Art. 125. Delay in the delivery of
detained persons to the proper judicial
authorities. The penalties provided
in the next preceding article shall be
imposed upon the public officer or
employee who shall detain any person
for some legal ground and shall fail to
deliver such person to the proper
judicial authorities within the period of;
twelve (12) hours, for crimes or
offenses punishable by light penalties,
or their equivalent; eighteen (18) hours,
for crimes or offenses punishable by
correctional penalties, or their
equivalent and thirty-six (36) hours, for
crimes, or offenses punishable by
afflictive or capital penalties, or their
equivalent
In every case, the person detained
shall be informed of the cause of his
detention and shall be allowed upon

his request, to communicate and

confer at any time with his attorney or
counsel.
Art. 126. Delaying release. The
penalties provided for in Article 124
shall be imposed upon any public
officer or employee who delays for the
period of time specified therein the
performance of any judicial or
executive order for the release of a
prisoner or detention prisoner, or
unduly delays the service of the notice
of such order to said prisoner or the
proceedings upon any petition for the
liberation of such person
RULES OF COURT
Rule 102: Writ of Habeas Corpus
Sec. 1. To what habeas corpus
extends. - Except as otherwise
expressly provided by law, the writ of
habeas corpus shall extend to all cases
of illegal confinement or detention by
which any person is deprived of his
liberty, or by which the rightful custody
of any person is withheld from the
person entitled thereto.
Article 11

Section 20. No person shall be imprisoned

for debt or non-payment of a poll tax.

No one shall be imprisoned merely on the ground of inability to fulfil a

contractual obligation
Article 12
1. Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose his
residence.

Section 6. The liberty of abode and of

changing the same within the limits
prescribed by
law shall not be impaired except upon lawful
order of the court. Neither shall the right

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals or the rights
and freedoms of others, and are consistent with the other rights
recognized in the present Covenant.

to travel be impaired except in the interest of

national security, public safety, or public
health, as may be provided by law.

4. No one shall be arbitrarily deprived of the right to enter his own country
Article 13
An alien lawfully in the territory of a State Party to the present Covenant
may be expelled therefrom only in pursuance of a decision reached in
accordance with law and shall, except where compelling reasons of
national security otherwise require, be allowed to submit the reasons
against his expulsion and to have his case reviewed by, and be
represented for the purpose before, the competent authority or a person
or persons especially designated by the competent authority.

ACT 613 PHILIPPINE IMMIGRATION

ACT OF 1940
DEPORTATION OF ALIENS
Section 37. (a) The following aliens
shall be arrested upon the warrant of
the Commissioner of Immigration or of
any other officer designated by him for
the purpose and deported upon the
warrant of the Commissioner of
Immigration after a determination by
the Board of Commissioners of the
existence of the ground for deportation
as charged against the alien:
(1) Any alien who enters the
Philippines after the effective date of
this Act by means of false and
misleading statements or without
inspection and admission by the
immigration authorities at a designated
port of entry or at any place other than
at a designated port of entry. 55
(2) Any alien who enters the
Philippines after the effective date of
this Act, who was not lawfully

admissible at the time of entry;

(3) Any alien who, after the effective
date of this Act, is convicted in the
Philippines and sentenced for a term of
one year or more for a crime involving
moral turpitude committed within five
years after his entry to the Philippines,
or who, at any time after such entry, is
so convicted and sentenced more than
once;
(4) Any alien who is convicted and
sentenced for a violation of the law
governing prohibited drugs; 56
(5) Any alien who practices prostitution
or is an inmate of a house of
prostitution or is connected with the
management of a house of prostitution,
or is a procurer;
(6) Any alien who becomes a public
charge within five years after entry
from causes not affirmatively shown to
have arisen subsequent to entry;
(7) Any alien who remains in the
Philippines in violation of any limitation
or condition under which he was
admitted as a nonimmigrant;
(8) Any alien who believes in, advises,
advocates or teaches the overthrow by
force and violence of the Government
of the Philippines, or of constituted law
and authority, or who disbelieves in or
is opposed to organized government or
who advises, advocates, or teaches

the assault or assassination of public

officials because of their office, or who
advises, advocates, or teaches the
unlawful destruction of property, or who
is a member of or affiliated with any
organization entertaining, advocating
or teaching such doctrines, or who in
any manner whatsoever lends
assistance, financial or otherwise, to
the dissemination of such doctrines;
(9) Any alien who commits any of the
acts described in sections forty-five
and forty-six of this Act, independent of
criminal action which may be brought
against him: Provided, That in the case
of an alien who, for any reason, is
convicted and sentenced to suffer both
imprisonment and deportation, said
alien shall first serve the entire period
of his imprisonment before he is
actually deported. Provided however,
That the imprisonment may be waived
by the Commissioner of Immigration
with the consent of the Department
Head, and upon payment by the alien
concerned of such amount as the
Commissioner may fix and approved
by the Department Head. 57
(10) Any alien who, at any time within
five years after entry, shall have been
convicted of violating the provisions of
the Philippine Commonwealth Act
Numbered Six hundred and fifty-three,
otherwise known as the Philippine
Alien Registration Act of 1941, 58 or
who, at any time after entry, shall have
been convicted more than once of

violating the provisions of the same

Act.
(11) Any alien who engages in
profiteering, hoarding, or blackmarketing, independent of any criminal
action which may be brought against
him nEypRATiv.
(12) Any alien who is convicted of any
offense penalized under
Commonwealth Act Numbered Four
hundred and seventy-three, otherwise
known as the Revised Naturalization
Laws of the Philippines, or any law
relating to acquisition of Philippine
citizenship.
(13) Any alien who defrauds his
creditor by absconding or alienating
properties to prevent them from being
attached or executed.
(b) Deportation may be effected under
clauses 2, 7, 8, 11 and 12 of paragraph
(a) of this section at any time after
entry, but shall not be effected under
any other clause unless the arrest in
the deportation proceedings is made
within five years after the cause for
deportation arises. Deportation under
clauses 3 and 4 shall not be effected if
the court, or judge thereof, when
sentencing the alien, shall recommend
to the Commissioner of Immigration
that the alien be not deported.
(c) No alien shall be deported without
being informed of the specific grounds

for deportation nor without being given

a hearing under rules of procedure to
be prescribed by the Commissioner of
Immigration
(d) In any deportation proceeding
involving the entry of an alien the
burden of proof shall be upon the alien
to show that he entered the Philippines
lawfully, and the time, place, and
manner of such entry, and for this
purpose he shall be entitled to a
statement of the facts in connection
with his arrival as shown by any record
in the custody of the Bureau of
Immigration.

Article 14
1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by
law. The press and the public may be excluded from all or part of a trial
for reasons of morals, public order (ordre public) or national security in a
democratic society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion of the court in
special circumstances where publicity would prejudice the interests of
justice; but any judgement rendered in a criminal case or in a suit at law
shall be made public except where the interest of juvenile persons
otherwise requires or the proceedings concern matrimonial disputes or
the guardianship of children.

Section 14. Art III

(1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed
of the nature and cause of the accusation
against him, to have a speedy,
impartial, and public trial, to meet the
witnesses face to face, and to have
compulsory process to secure the
attendance of witnesses and the production
of evidence in his
behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the
accused: Provided, that he has been duly

(e) Any alien under arrest in a

deportation proceeding may be
released under bond or under such
other conditions as may be imposed by
the Commissioner of Immigration.
RULES OF COURT
Rule 115:
Section 1. Rights of accused at trial.
In all criminal prosecutions, the
accused shall be entitled to the
following rights:
(a) To be presumed innocent until the
contrary is proved beyond reasonable
doubt.
(b) To be informed of the nature and
cause of the accusation against him.
(c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to

2. Everyone charged with a criminal offence shall have the right to be

presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall
be entitled to the following minimum guarantees, in full equality: (a) To be
informed promptly and in detail in a language which he understands of the
nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through
legal assistance of his own choosing; to be informed, if he does not have
legal assistance, of this right; and to have legal assistance assigned to
him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to
pay for it;
(e) To examine, or have examined, the witnesses against him and to
obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or
speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take
account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.

notified and his failure to appear is

unjustifiable.

promulgation of the judgment. The

accused may, however, waive his
presence at the trial pursuant to the
stipulations set forth in his bail, unless
his presence is specifically ordered by
the court for purposes of identification.
The absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a
waiver of his right to be present
thereat. When an accused under
custody escapes, he shall be deemed
to have waived his right to be present
on all subsequent trial dates until
custody over him is regained. Upon
motion, the accused may be allowed to
defend himself in person when it
sufficiently appears to the court that he
can properly protect his rights without
the assistance of counsel.
(d) To testify as a witness in his own
behalf but subject to cross-examination
on matters covered by direct
examination. His silence shall not in
any manner prejudice him.
(e) To be exempt from being compelled
to be a witness against himself.
(f) To confront and cross-examine the
witnesses against him at the trial.
Either party may utilize as part of its
evidence the testimony of a witness
who is deceased, out of or can not with
due diligence be found in the
Philippines, unavailable, or otherwise
unable to testify, given in another case
or proceeding, judicial or

administrative, involving the same

parties and subject matter, the adverse
party having the opportunity to crossexamine him.

6. When a person has by a final decision been convicted of a criminal

offence and when subsequently his conviction has been reversed or he
has been pardoned on the ground that a new or newly discovered fact
shows conclusively that there has been a miscarriage of justice, the
person who has suffered punishment as a result of such conviction shall
be compensated according to law, unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to
him.

(g) To have compulsory process issued

to secure the attendance of witnesses
and production of other evidence in his
behalf.
(h) To have speedy, impartial and
public trial.

7. No one shall be liable to be tried or punished again for an offence for

which he has already been finally convicted or acquitted in accordance
with the law and penal procedure of each country.

Article 15
1 . No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal offence, under national
or international law, at the time when it was committed. Nor shall a
heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the imposition of
the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed,
was criminal according to the general principles of law recognized by the
community of nations

Article 16

(i) To appeal in all cases allowed and in

the manner prescribed by law.
Section 22. No ex post facto law or bill of
attainder shall be enacted.

REVISED PENAL CODE

Art. 21
No felony shall be punishable by any
penalty not prescribed by law prior to
its commission.
CIVIL CODE
Art. 4
Laws shall have no retroactive effect,
unless the contrary is provided.

Everyone shall have the right to recognition everywhere as a person

before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
2. Everyone has the right to the protection of the law against such
interference or attacks

Article 18
1. Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a religion or
belief of his choice, and freedom, either individually or in community with
others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to
have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to
such limitations as are prescribed by law and are necessary to protect
public safety, order, health, or morals or the fundamental rights and
freedoms of others.
4. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to ensure
the religious and moral education of their children in conformity with their

Section 2, Article III:

The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant
of arrest shall issue except upon probable
cause to be determined personally by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
persons or things to be seized.
Section 4., Art. III
No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.

RULES OF COURT
Rule 126 Search and Seizure
Sec. 4. Requisites for issuing search
warrant. A search warrant shall not
issue except upon probable cause in
connection with one specific offense to
be determined personally by the judge
after examination under oath or
affirmation of the complainant and the
witness he may produce, and
particularly describing the place to be
searched and the things to be seized
which may be anywhere in the
Philippines

own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be
subject to certain restrictions, but these shall only be such as are provided
by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public),
or of public health or morals.

Article 20

Sec. 2, Art. II

1. Any propaganda for war shall be prohibited by law.

The Philippines renounces war as an

instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the land and
adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with
all
nations.

2. Any advocacy of national, racial or religious hatred that constitutes

incitement to discrimination, hostility or violence shall be prohibited by
law.

Article 21
The right of peaceful assembly shall be recognized. No restrictions may

Section 4. No law shall be passed abridging

the freedom of speech, of expression, or of
the press, or the right of the people

be placed on the exercise of this right other than those imposed in

conformity with the law and which are necessary in a democratic society
in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests.

peaceably to assemble and petition the

government
for redress of grievances.
Section 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law
shall
not be abridged.

2. No restrictions may be placed on the exercise of this right other than

those which are prescribed by law and which are necessary in a
democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others. This article shall not
prevent the imposition of lawful restrictions on members of the armed
forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative
measures which would prejudice, or to apply the law in such a manner as
to prejudice, the guarantees provided for in that Convention.

Article 23
1. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to
found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of

Section 12. The State recognizes the sanctity

of family life and shall protect and
strengthen the family as a basic autonomous
social institution. It shall equally protect
the life of the mother and the life of the
unborn from conception. The natural and
primary right and duty of parents in the
rearing of the youth for civic efficiency and
the

FAMILY CODE
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 the foundation of
the family and an inviolable social
institution whose nature,

the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to
ensure equality of rights and responsibilities of spouses as to marriage,
during marriage and at its dissolution. In the case of dissolution, provision
shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the right
to such measures of protection as are required by his status as a minor,
on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a
name.
3. Every child has the right to acquire a nationality.

development of moral character shall receive

the support of the Government.
Section 13. The State recognizes the vital
role of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and
nationalism, and encourage their
involvement in public and civic affairs.
Section 14. The State recognizes the role of
women in nation-building, and shall ensure
the fundamental equality before the law of
women and men.

consequences, and incidents are

governed by law and not subject to
stipulation, except that marriage
settlements may fix the property
relations during the marriage within the
limits provided by this Code.
P.D. 603 CHILD & YOUTH WELFARE
CODE
Art. 3. Rights of the Child. - All children
shall be entitled to the rights herein set
forth without distinction as to legitimacy
or illegitimacy, sex, social status,
religion, political antecedents, and
other factors.
(1) Every child is endowed with the
dignity and worth of a human being
from the moment of his conception, as
generally accepted in medical
parlance, and has, therefore, the right
to be born well.
(2) Every child has the right to a
wholesome family life that will provide
him with love, care and understanding,
guidance and counseling, and moral
and material security.
The dependent or abandoned child
shall be provided with the nearest
substitute for a home.
(3) Every child has the right to a wellrounded development of his personality
to the end that he may become a
happy, useful and active member of
society.
The gifted child shall be given
opportunity and encouragement to
develop his special talents.
The emotionally disturbed or socially

maladjusted child shall be treated with

sympathy and understanding, and shall
be entitled to treatment and competent
care.
The physically or mentally
handicapped child shall be given the
treatment, education and care required
by his particular condition.
(4) Every child has the right to a
balanced diet, adequate clothing,
sufficient shelter, proper medical
attention, and all the basic physical
requirements of a healthy and vigorous
life.
(5) Every child has the right to be
brought up in an atmosphere of
morality and rectitude for the
enrichment and the strengthening of
his character.
(6) Every child has the right to an
education commensurate with his
abilities and to the development of his
skills for the improvement of his
capacity for service to himself and to
his fellowmen.
(7) Every child has the right to full
opportunities for safe and wholesome
recreation and activities, individual as
well as social, for the wholesome use
of his leisure hours.
(8) Every child has the right to
protection against exploitation,
improper influences, hazards, and
other conditions or circumstances
prejudicial to his physical, mental,
emotional, social and moral
development.
(9) Every child has the right to live in a
community and a society that can offer

him an environment free from

pernicious influences and conducive to
the promotion of his health and the
cultivation of his desirable traits and
attributes.
(10) Every child has the right to the
care, assistance, and protection of the
State, particularly when his parents or
guardians fail or are unable to provide
him with his fundamental needs for
growth, development, and
improvement.
(11) Every child has the right to an
efficient and honest government that
will deepen his faith in democracy and
inspire him with the morality of the
constituted authorities both in their
public and private lives.
(12) Every child has the right to grow
up as a free individual, in an
atmosphere of peace, understanding,
tolerance, and universal brotherhood,
and with the determination to
contribute his share in the building of a
better world.
Article 25
Every citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his

ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all
citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen
years of age, and who shall have resided in
the Philippines for at least one year, and in
the place wherein they propose to vote, for at
least six months immediately preceding the
election. No literacy, property, or other
substantive requirement shall be imposed on
the exercise of suffrage.
Section 2. The Congress shall provide a
system for securing the secrecy and sanctity

country.

Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.

of
the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure
for the disabled and the illiterates to vote
without the assistance of other persons. Until
then, they shall be allowed to vote under
existing laws and such rules as the
Commission on Elections may promulgate to
protect
the secrecy of the ballot.
Section 5, Article III:
No law shall be made respecting an
establishment of religion, or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or preference,
shall forever be allowed. No religious test
shall be required for the exercise of civil or
political rights.

RA 6725: AN ACT STRENGTHENING

THE PROHIBITION ON
DISCRIMINATION AGAINST WOMEN
WITH RESPECT TO TERMS AND
CONDITIONS OF EMPLOYMENT,
AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTYFIVE OF THE LABOR CODE, AS
AMENDED.
SEC. 1. Article One hundred thirty-five
of the Labor Code, as amended, is
hereby further amended to read as
follows:
Art. 135. Discrimination Prohibited It
shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.
The following are acts of
discrimination:
(a) Payment of 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 value; and

(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
Xxxx
Article 27
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own
culture, to profess and practise their own religion, or to use their own
language.

Section 22. The State recognizes and

promotes the rights of indigenous cultural
communities within the framework of national
unity and development.
Section 22. The State recognizes and
promotes the rights of indigenous cultural
communities within the framework of national
unity and development.

SECTION 2. Declaration of State

Policies. The State shall recognize
and promote all the rights of
Indigenous Cultural
Communities/Indigenous Peoples
(ICCs/IPs) hereunder enumerated
within the framework of the
Constitution:
a) The State shall recognize and
promote the rights of ICCs/IPs within
the framework of national unity and
development;
b) The State shall protect the rights of
ICCs/IPs to their ancestral domains to
ensure their economic, social and
cultural well being and shall recognize
the applicability of customary laws
governing property rights or relations in
determining the ownership and extent
of ancestral domain;
c) The State shall recognize, respect
and protect the rights of ICCs/IPs to
preserve and develop their cultures,
traditions and institutions. It shall
consider these rights in the formulation

of national laws and policies;

d) The State shall guarantee that
members of the ICCs/IPs regardless of
sex, shall equally enjoy the full
measure of human rights and freedoms
without distinction or discrimination;
e) The State shall take measures, with
the participation of the ICCs/IPs
concerned, to protect their rights and
guarantee respect for their cultural
integrity, and to ensure that members
of the ICCs/IPs benefit on an equal
footing from the rights and
opportunities which national laws and
regulations grant to other members of
the population; and
f) The State recognizes its obligations
to respond to the strong expression of
the ICCs/IPs for cultural integrity by
assuring maximum ICC/IP participation
in the direction of education, health, as
well as other services of ICCs/IPs, in
order to render such services more
responsive to the needs and desires of
these communities.
Towards these ends, the State shall
institute and establish the necessary
mechanisms to enforce and guarantee
the realization of these rights, taking
into consideration their customs,
traditions, values, beliefs, interests and
institutions, and to adopt and
implement measures to protect their

rights to their ancestral domains