Republic of the Philippines

Congress of the Philippines

Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand three.
Republic Act No. 9262

March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of
2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children
and guarantees full respect for human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in
keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal
Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments of which the Philippines is
a party.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has or
had a sexual or dating relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It

includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money
or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course of
the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or
social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common
child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of
Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the resident of which is willing
temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children
of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of
violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or
common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of
minor children of access to the woman's child/children.
SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be
punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder
or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less
serious physical injuries shall be punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no
case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of her child,
the penalty to be applied shall be the maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One
hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00);
(b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to
the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive
jurisdiction over cases of violence against women and their children under this law. In the absence of such court
in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime
or any of its elements was committed at the option of the compliant.
SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the
victim to independently regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order
(BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may
be issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another,
any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership
of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household member at
a distance specified by the court, and to stay away from the residence, school, place of employment, or
any specified place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession
of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall render the respondent
or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of

license and disqualification to apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may be filed by any of
the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity;
(d) officers or social workers of the DSWD or social workers of local government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against
women and their children occurred and who has personal knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided,
however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with
that court.
SECTION 11. How to Apply for a Protection Order. The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A
standard protection order application form, written in English with translation to the major local languages, shall
be made available to facilitate applications for protections order, and shall contain, among other, the following
information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to
(a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim
for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be
so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality
or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought to their
attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her child requests in the
applications for a protection order for the appointment of counsel because of lack of economic means to hire a
counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner
in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a
counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of
access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator,
shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO
shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be
acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time
for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for
thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the
court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include
notice of the date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer
shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for
the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the
basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the
court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final
judgment is issued. The extended or renewed TPO may be modified by the court as may be necessary or
applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO
shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. The following statement must be printed in bold-faced
type or in capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to act on an
application for a protection order within the reglementary period specified in the previous section without
justifiable cause shall render the official or judge administratively liable.
SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as specified in this Act is
alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial hearings to determine the
basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act
above all other business and, if necessary, suspend other proceedings in order to hear applications for a
protection order.
SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued under this Act must be
filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of
thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the
acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon
judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions on protection
orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and
their children.
SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a protection order is
issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person
will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case
exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their children shall be considered a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence
of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or any other mindaltering substance shall not be a defense under this Act.
SECTION 28. Custody of children. The woman victim of violence shall be entitled to the custody and support of
her child/children. Children below seven (7) years old older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court finds compelling reasons to order
otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her
children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from
Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should observe the
following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and privileges for
indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law enforcers shall have
the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the victim by entering
the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond to a call for
help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act
is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and
there is imminent danger to the life or limb of the victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has
been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the examination or
visit;
(d) safeguard the records and make them available to the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act, and
services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies and LGUs shall
establish programs such as, but not limited to, education and information campaign and seminars or symposia on
the nature, causes, incidence and consequences of such violence particularly towards educating the public on its
social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and
training of their officers and personnel on the prevention of violence against women and their children under the
Act.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing an application for
a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the
Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not
apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against women and their
children as herein defined, any person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure
the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal
assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family Code; and
(e) To be informed of their rights and the services available to them including their right to apply for a
protection order.
SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual, compensatory, moral
and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a hold departure order
in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an indigent or there
is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection
order, the court shall accept the application without payment of the filing fee and other fees and of transcript of
stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance
of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women
and their children, hereinafter known as the Council, which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well
as develop capability programs for their employees to become more sensitive to the needs of their clients. The
Council will also serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than
an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and
shall receive emoluments as may be determined by the Council in accordance with existing budget and
accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative counseling and
treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric
treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases.
All agencies involved in responding to violence against women and their children cases shall be required to
undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
e. techniques for handling incidents of violence against women and their children that minimize the
likelihood of injury to the officer and promote the safety of the victim or survivor.

10

The PNP, in coordination with LGU's shall establish an education and training program for police officers and
barangay officials to enable them to properly handle cases of violence against women and their children.
SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with
the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall
prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 44. Confidentiality. All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in
any format, the name, address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent, shall be liable to the contempt
power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not
more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be included in the
annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.
SECTION 48. Separability Clause. If any section or provision of this Act is held unconstitutional or invalid, the
other sections or provisions shall not be affected.
SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.
Approved,

JOSE DE VENECIA JR.

Speaker of the House of
Representatives

FRANKLIN DRILON
President of the Senate

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed
by the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

OSCAR G. YABES
Secretary of Senate

Approved: March 08, 2004

11

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the the twenty-eight day of July, two thousand eight.
Republic Act No. 9710

August 14, 2009

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Magna Carta of 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.

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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.
CHAPTER II
DEFINITION OF TERMS
Section 4. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Women Empowerment" refers to the provision, availability, and accessibility of opportunities, services,
and observance of human rights which enable women to actively participate and contribute to the political,
economic, social, and cultural development of the nation as well as those which shall provide them equal
access to ownership, management, and control of production, and of material and informational resources
and benefits in the family, community, and society.
(b) "Discrimination Against Women" refers to any gender-based distinction, exclusion, or restriction which
has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law; policy, administrative measure, or practice, that directly
or indirectly excludes or restricts women in the recognition and promotion of their rights and their access
to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for
mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result
of which women are denied or restricted in the recognition and protection of their rights and in their
access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to
have suffered the greater adverse effects of those measures or practices.
Provided, finally, That discrimination compounded by or intersecting with other grounds, status, or
condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women
under this Act.
(c) "Marginalization" refers to a condition where a whole category of people is excluded from useful and
meaningful participation in political, economic, social, and cultural life.
(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable persons or groups who are mostly
living in poverty and have little or no access to land and other resources, basic social and economic
services such as health care, education, water and sanitation, employment and livelihood opportunities,
housing, social security, physical infrastructure; and the justice system.
These include, but are not limited to, women in the following sectors and groups:
(1) "Small Farmers and Rural Workers" refers to those who are engaged directly or indirectly in
small farms and forest areas, workers in commercial farms and plantations, whether paid or
unpaid, regular or season-bound. These shall include. but are not limited to, (a) small farmers who
own or are still amortizing for lands that is not more than three (3) hectares, tenants, leaseholders,
and stewards; and (b) rural workers who are either wage earners, self-employed, unpaid family

13

workers directly and personally engaged in agriculture, small-scale mining, handicrafts, and other
related farm and off-farm activities;
(2) "Fisherfolk" refers to those directly or indirectly engaged in taking, culturing, or processing
fishery or aquatic resources. These include, but are not to be limited to, women engaged in fishing
in municipal waters, coastal and marine areas, women workers in commercial fishing and
aquaculture, vendors and processors of fish and coastal products, and subsistence producers
such as shell-gatherers, managers, and producers of mangrove resources, and other related
producers:
(3) "Urban Poor" refers to those residing in urban and urbanizable slum or blighted areas, with or
without the benefit of security of abode, where the income of the head of the family cannot afford
in a sustained manner to provide for the family's basic needs of food, health, education, housing,
and other essentials in life;
(4) "Workers in the Formal Economy" refers to those who are employed by any person acting
directly or indirectly in the interest of an employer in relation to an employee and shall include the
government and all its branches, subdivisions, and instrumentalities, all government- owned and
-controlled corporations and institutions, as well as nonprofit private institutions or organizations;
(5) "Workers in the Informal Economy" refers to self-employed, occasionally or personally hired,
subcontracted, paid and unpaid family workers in household incorporated and unincorporated
enterprises, including home workers, micro-entrepreneurs and producers, and operators of sarisari stores and all other categories who suffer from violation of workers' rights:
(6) "Migrant Workers" refers to Filipinos who are to be engaged, are engaged, or have been
engaged in a remunerated activity in a State of which they are not legal residents, whether
documented or undocumented;
(7) "Indigenous Peoples" refers to a group of people or homogenous societies identified by selfascription and ascription by other, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of ownership since time
immemorial, occupied; possessed customs, tradition, and other distinctive cultural traits, or who
have, through resistance to political, social, and cultural inroads of colonization, non- indigenous
religions and culture, became historically differentiated from the majority of Filipinos. They shall
likewise include peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, at the dime of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural, and political institutions,
but who may have been displaced from their traditional domains or who may have resettled
outside their ancestral domains as defined under Section 3(h), Chapter II of Republic Act No.
8371, otherwise known as "The Indigenous Peoples Rights Act of 1997" (IPRA of 1997);
(8) "Moro" refers to native peoples who have historically inhabited Mindanao, Palawan, and Sulu,
and who are largely of the Islamic faith;
(9) "Children" refers to those who are below eighteen (18) years of age or over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition;
(10) "Senior Citizens" refers to those sixty (60) years of age and above;
(11) "Persons with Disabilities" refers to those who are suffering from restriction or different
abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the
manner or within the range considered normal for a human being; and
(12) "Solo Parents" refers to those who fall under the category of a solo parent defined under
Republic Act No. 8972, otherwise known as the "Solo Parents Welfare Act of 2000".
(e) "Substantive Equality" refers to the full and equal enjoyment of rights and freedoms contemplated
under this Act. It encompasses de jure and de facto equality and also equality in outcomes.
(f) "Gender Equality" refers to the principle asserting the equality of men and women and their right to
enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of
14

development, and with the State recognizing that all human beings are free and equal in dignity and
rights.
(g) "Gender Equity" refers to the policies, instruments, programs, services, and actions that address the
disadvantaged position of women in society by providing preferential treatment and affirmative action.
Such temporary special measures aimed at accelerating de facto equality between men and women shall
not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal
or separate standards. These measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
(h) "Gender and Development (GAD)" refers to the development perspective and process that are
participatory and empowering, equitable, sustainable, free from violence, respectful of human rights,
supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality
as a fundamental value that should be reflected in development choices; seeks to transform society's
social, economic, and political structures and questions the validity of the gender roles they ascribed to
women and men; contends that women are active agents of development and not just passive recipients
of development assistance; and stresses the need of women to organize themselves and participate in
political processes to strengthen their legal rights.
(i) "Gender Mainstreaming" refers to the strategy for making women's as well as men's concerns and
experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies
and programs in all political, economic, and societal spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of assessing the implications for women and men of any
planned action, including legislation, policies, or programs in all areas and at all levels.
(j) "Temporary Special Measures" refers to a variety of legislative, executive, administrative, and
regulatory instruments, policies, and practices aimed at accelerating this de facto equality of women in
specific areas. These measures shall not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards. They shall be discontinued when their
objectives have been achieved.
(k) "Violence Against Women" refers to any act of gender-based violence that results in, or is likely to
result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts,
coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be
understood to encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence, marital rape,
and other traditional practices harmful to women, non-spousal violence, and violence related to
exploitation;
(2) Physical, sexual, and psychological violence occurring within the general community, including
rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and
elsewhere, trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever
it occurs.
It also includes acts of violence against women as defused in Republic Acts No. 9208 and 9262.
(l) "Women in the Military" refers to women employed in the military, both in the major and technical
services, who are performing combat and/or noncombat functions, providing security to the State, and
protecting the people from various forms of threat. It also includes women trainees in all military training
institutions.
(m) "Social Protection" refers to policies and programs that seek to reduce poverty and vulnerability to
risks and enhance the social status and rights of all women, especially the marginalized by promoting and
protecting livelihood and employment, protecting against hazards and sudden loss of income, and
improving people's capacity to manage risk. Its components are labor market programs, social insurance,
social welfare, and social safety nets.
CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

15

The State, private sector, society in general, and all individuals shall contribute to the recognition, respect, and
promotion of the rights of women defined and guaranteed under this Act.
Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private corporations, entities,
and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive equality and
non-discrimination.
The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other
appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall take measures and establish
mechanisms to promote the coherent and integrated implementation, and enforcement of this Act and related
laws, policies, or other measures to effectively stop discrimination against and advance the rights of women.
The State shall keep abreast with and be guided by progressive developments in human rights of women under
international law and design of policies, laws, and other measures to promote the objectives of this Act.
Section 6. Duties of the State Agencies and Instrumentalities. - These duties of the State shall extend to all
state agencies, offices, and instrumentalities at all levels and government-owned and -controlled corporations,
subject to the Constitution and pertinent laws, policies, or administrative guidelines that define specific duties of
state agencies and entities concerned.
Section 7. Suppletory Effect. - This chapter shall be deemed integrated into and be suppletory to other
provisions of this Act, particularly those that guarantee specific rights to women and define specific roles and
require specific conduct of state organs.
CHAPTER IV
RIGHTS AND EMPOWERMENT
Section 8. Human Rights of Women. - All rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance with Philippine law, shall be
rights of women under this Act to be enjoyed without discrimination.
Section 9. Protection from Violence. - The State shall ensure that all women shall be protected from all forms
of violence as provided for in existing laws. Agencies of government shall give priority to the defense and
protection of women against gender-based offenses and help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
(a) Within the next five (5) years, there shall be an incremental increase in the recruitment and training of women
in the police force, forensics and medico-legal, legal services, and social work services availed of by women who
are victims of gender-related offenses until fifty percent (50%) of the personnel thereof shall be women.
(b) Women shall have the right to protection and security in situations of armed conflict and militarization.
Towards this end, they shall be protected from all forms of gender-based violence, particularly rape and other
forms of sexual abuse, and all forms of violence in situations of armed conflict. The State shall observe
international standards for the protection of civilian population in circumstances of emergency and armed conflict.
It shall not force women, especially indigenous peoples, to abandon their lands, territories, and means of
subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against gender-based violence
shall undergo a mandatory training on human rights and gender sensitivity pursuant to this Act.
(d) All local government units shall establish a Violence Against Women's Desk in every barangay to ensure that
violence against women cases are fully addressed in a gender-responsive manner.

16

Section 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. - Women have the right
to protection and security in times of disasters, calamities, and other crisis situations especially in all phases of
relief, recovery, rehabilitation, and construction efforts. The State shall provide for immediate humanitarian
assistance, allocation of resources, and early resettlement, if necessary. It shall also address the particular needs
of women from a gender perspective to ensure their full protection from sexual exploitation and other sexual and
gender- based violence committed against them. Responses to disaster situations shall include the provision of
services, such as psychosocial support, livelihood support, education, psychological health, and comprehensive
health services, including protection during pregnancy.
Section 11. Participation and Representation. - The State shall undertake temporary special measures to
accelerate the participation and equitable representation of women in all spheres of society particularly in the
decision-making and policy-making processes in government and private entities to fully realize their role as
agents and beneficiaries of development.
The State shall institute the following affirmative action mechanisms so that women can participate meaningfully
in the formulation, implementation, and evaluation of policies, plans, and programs for national, regional, and
local development:
(a) Empowerment within the Civil Service. - Within the next five (5) years, the number of women in third
(3rd) level positions in government shall be incrementally increased to achieve a fifty-fifty (50-50) gender
balance;
(b) Development Councils and Planning Bodies. - To ensure the participation of women in all levels of
development planning and program implementation, at least forty percent (40%) of membership of all
development councils from the regional, provincial, city, municipal and barangay levels shall be composed
of women;
(c) Other Policy and Decision-Making Bodies. - Women's groups shall also be represented in
international, national, and local special and decision-making bodies;
(d) International Bodies. - The State shall take all appropriate measures to ensure the opportunity of
women, on equal terms with men and without any discrimination, to represent their governments at the
international level and to participate in the work of international organizations;
(e) Integration of Women in Political Parties. - The State shall provide incentives to political parties with
women's agenda. It shall likewise encourage the integration of women in their leadership hierarchy,
internal policy-making structures, appointive, and electoral nominating processes; and
(f) Private Sector. - The State shall take measures to encourage women leadership in the private sector in
the form of incentives.
Section 12. Equal Treatment Before the Law. - The State shall take steps to review and, when necessary,
amend and/or repeal existing laws that are discriminatory to women within three (3) years from the effectivity of
this Act.
Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training. - (a)
The State shall ensure that gender stereotypes and images in educational materials and curricula are adequately
and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender and
development (GAD), peace and human rights, education for teachers, and all those involved in the education
sector shall be pursued toward this end. Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnant;- outside of marriage shall be outlawed. No
school shall turn out or refuse admission to a female student solely on the account of her having contracted
pregnancy outside of marriage during her term in school.
Section 14. Women in Sports. - The State shall develop, establish, and strengthen programs for the
participation of women and girl-children in competitive and noncompetitive sports as a means to achieve
excellence, promote physical and social well-being, eliminate gender-role stereotyping, and provide equal access
to the full benefits of development for all persons regardless of sex, gender identity, and other similar factors.

17

For this purpose, all sports-related organizations shall create guidelines that will establish and integrate
affirmative action as a strategy and gender equality as a framework in planning and implementing their policies,
budgets, programs, and activities relating to the participation of women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media organizations,
and the private sector for promoting, training, and preparing women and girls for participation in competitive and
noncompetitive sports, especially in local and international events, including, but not limited to, the Palarong
Pambansa, Southeast Asian Games, Asian Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount or value, to
women and men winners in the same sports category: Provided, That the said tournament, contest, race, match,
event, or game is open to both sexes: Provided, further, That the sports event or tournament is divided into male
or female divisions.
The State shall also ensure the safety and well-being of all women and girls participating in sports, especially, but
not limited to, trainees, reserve members, members, coaches, and mentors of national sports teams, whether in
studying, training, or performance phases, by providing them comprehensive health and medical insurance
coverage, as well as integrated medical, nutritional, and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total women student
population in granting athletic scholarship. There shall be a pro rata representation of women in the athletic
scholarship program based on the percentage of women in the whole student population.
Section 15. Women in the Military. - The State shall pursue appropriate measures to eliminate discrimination of
women in the military, police, and other similar services, including revising or abolishing policies and practices
that restrict women from availing of both combat and noncombat training that are open to men, or from taking on
functions other than administrative tasks, such as engaging in combat, security-related, or field operations.
Women in the military shall be accorded the same promotional privileges and opportunities as men, including pay
increases, additional remunerations and benefits, and awards based on their competency and quality of
performance. Towards this end, the State shall ensure that the personal dignity of women shall always be
respected.
Women in the military, police, and other similar services shall be provided with the same right to employment as
men on equal conditions. Equally, they shall be accorded the same capacity as men to act in and enter into
contracts, including marriage.
Further, women in the military, police; and other similar services shall be entitled to leave benefits such as
maternity leave, as provided for by existing laws.
Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. - The State shall
formulate policies and programs for the advancement of women in collaboration with government and
nongovernment media-related organizations. It shall likewise endeavor to raise the consciousness of the general
public in recognizing the dignity of women and the role and contribution of women in the family; community, and
the society through the strategic use of mass media.
For this purpose, the State shall ensure allocation of space; airtime, and resources, strengthen programming,
production, and image-making that appropriately present women's needs, issues, and concerns in all forms of
media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well as the national
media federations and associations, shall require all media organizations and corporations to integrate into their
human resource development components regular training on gender equality and gender-based discrimination,
create and use gender equality guidelines in all aspects of management, training, production, information,
dissemination, communication, and programming; and convene a gender equality committee that will promote
gender mainstreaming as a framework and affirmative action as a strategy, and monitor and evaluate the
implementation of gender equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at all times,
provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all
stages of a woman's life cycle and which addresses the major causes of women's mortality and
morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to
women's religious convictions, the rights of the spouses to found a family in accordance with their religious
convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous
drugs, devices, interventions, and substances.

18

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address pregnancy and infant health and
nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without prejudice to
the primary right and duty of parents to educate their children;
(5) Prevention and management of reproductive tract infections, including sexually transmitted diseases,
HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other
gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and survivors shall be
provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal
interventions and assistance towards healing, recovery, and empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and
medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and girls. In addition,
healthy lifestyle activities are encouraged and promoted through programs and projects as strategies in
the prevention of diseases.
(b) Comprehensive Health Information and Education. - The State shall provide women in all sectors with
appropriate, timely, complete, and accurate information and education on all the above-stated aspects of
women's health in government education and training programs, with due regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the development of
moral character and the right of children to be brought up in an atmosphere of morality and rectitude for
the enrichment and strengthening of character;
(2) The formation of a person's sexuality that affirms human dignity; and
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
Section 18. Special Leave Benefits for Women. - A woman employee having rendered continuous aggregate
employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by
gynecological disorders.
Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The State shall take all
appropriate measures to eliminate discrimination against women in all matters relating to marriage and family
relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred to under the
Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free and full
consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the information,
education and means to enable them to exercise these rights;

19

(d) the same personal rights between spouses or common law spouses including the right to choose
freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership, acquisition,
management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance, whether formal or
customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality. The State shall
ensure in particular that neither marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render her stateless or force upon her the
nationality of the husband. Various statutes of other countries concerning dual citizenship that may be
enjoyed equally by women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, That they do not discriminate against 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.
Section 20. Food Security and Productive Resources. - The State recognizes the contribution of women to
food production and shall ensure its sustainability and sufficiency with the active participation of women. Towards
this end, the State shall guarantee, at all times, the availability in the market of safe and health-giving food to
satisfy the dietary needs of the population, giving particular attention to the specific needs of poor girl-children
and marginalized women, especially pregnant and lactating mothers and their young children. To further address
this, the State shall ensure:
(a) Right to Food. - The State shall guarantee the availability of food in quantity and quality sufficient to
satisfy the dietary needs of individuals, the physical and economic accessibility for everyone to adequate
food that is culturally acceptable and free from unsafe substances and culturally accepted, and the
accurate and substantial information to the availability of food, including the right to full, accurate, and
truthful information about safe and health-giving foods and how to produce and have regular and easy
access to them;
(b) Right to Resources for Food Production. - The State shall guarantee women a vital role in food
production by giving priority to their rights to land, credit, and infrastructure support, technical training, and
technological and marketing assistance. The State shall promote women-friendly technology as a high
priority activity in agriculture and shall promote the right to adequate food by proactively engaging in
activities intended to strengthen access to, utilization of, and receipt of accurate and substantial
information on resources and means to ensure women's livelihood, including food security:
(1) Equal status shall be given to women and men, whether married or not, in the titling of the land
and issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men beneficiaries of the agrarian reform
program, wherein the vested right of a woman agrarian reform beneficiary is defined by a
woman's relationship to tillage, i.e., her direct and indirect contribution to the development of the
land;
(3) Customary rights of women to the land, including access to and control of the fruits and
benefits, shall be recognized in circumstances where private ownership is not possible, such as
ancestral domain claims:
(4) Information and assistance in claiming rights to the land shall be made available to women at
all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water, and other
natural resources within their communities or ancestral domains;

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(6) Equal access to the use and management of fisheries and aquatic resources, and all the rights
and benefits accruing to stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the issuance of stewardship or lease
agreements and other fishery rights that may be granted for the use and management of coastal
and aquatic resources. In the same manner, women's organizations shall be given equal
treatment as with other marginalized fishers organizations in the issuance of stewardship or lease
agreements or other fishery rights for the use and management of such coastal and aquatic
resources which may include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology shall be designed based on
accessibility and viability in consultation with women's organizations;
(10) Access to small farmer-based and controlled seeds production and distribution shall be
ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be recognized,
encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers' organizations to ensure
wider access to and control of the means of production;
(13) Provide opportunities for empowering women fishers to be involved in the control and
management, not only of the catch and production of aquamarine resources but also, to engage
in entrepreneurial activities which will add value to production and marketing ventures; and
(14) Provide economic opportunities for the indigenous women. particularly access to market for
their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
Section 21. Right to Housing. - The State shall develop housing programs for women that are localized, simple,
accessible, with potable water, and electricity, secure, with viable employment opportunities and affordable
amortization. In this regard, the State shall consult women and involve them in community planning and
development, especially in matters pertaining to land use, zoning, and relocation.
Section 22. Right to Decent Work. - The State shall progressively realize and ensure decent work standards for
women that involve the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human
dignity.
(a) Decent work involves opportunities for work that are productive and fairly remunerative as family living wage,
security in the workplace, and social protection for families, better prospects for personal development and social
integration, freedom for people to express their concerns organize, participate in the decisions that affect their
lives, and equality of opportunity and treatment for all women and men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health hazards taking into account
women's maternal functions;
(2) Support services that will enable women to balance their family obligations and work responsibilities
including, but not limited to, the establishment of day care centers and breast-feeding stations at the
workplace, and providing maternity leave pursuant to the Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment and place of employment; and
(4) Respect for the observance of indigenous peoples' cultural practices even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts to address the causes
of out-migration by developing local employment and other economic opportunities for women and by introducing
measures to curb violence and forced and involuntary displacement of local women. The State shall ensure the

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protection and promotion of the rights and welfare of migrant women regardless of their work status, and protect
them against discrimination in wages, conditions of work, and employment opportunities in host countries.
Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shall ensure that women are
provided with the following:
(a) Equal access to formal sources of credit and capital;
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers taking into account their skills and
qualifications. Corollarily, the State shall also promote skills and entrepreneurship development of
returning women migrant workers.
Section 24. Right to Education and Training. - The State shall ensure the following:
(a) Women migrant workers have the opportunity to undergo skills training, if they so desire, before taking
on a foreign job, and possible retraining upon return to the country:
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and fitness, especially to those interested in
research and development aimed towards women-friendly farm technology.
Section 25. Right to Representation and Participation. - The State shall ensure women's participation in
policy-making or decision-making bodies in the regional, national, and international levels. It shall also ensure the
participation of grassroots women leaders in decision and policy-making bodies in their respective sectors
including, but not limited to, the Presidential Agrarian Reform Council (PARC) and its local counterparts;
community-based resource management bodies or mechanisms on forest management and stewardship; the
National Fisheries and Aquatic Resources Management Council (NFARMC) and its local counterparts; the
National Commission on Indigenous Peoples; the Presidential Commission for the Urban Poor; the National AntiPoverty Commission; and, where applicable, the local housing boards.
Section 26. Right to Information. - Access to information regarding policies on women, including programs,
projects, and funding outlays that affect them, shall be ensured.
Section 27. Social Protection. (a) The Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth) shall
support indigenous and community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce the poverty and vulnerability to
risks and enhance the social status and rights of the marginalized women by promoting and protecting
livelihood and employment, protecting against hazards and sudden; loss of income, and improving
people's capacity to manage risks.
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of remittances from abroad
through appropriate bilateral and multilateral agreements. It shall likewise provide access to investment
opportunities for remittances in line with national development efforts.
(d) The State shall establish a health insurance program for senior citizens and indigents.
(e) The State shall support women with disabilities on a community-based social protection scheme.
Section 28. Recognition and Preservation of Cultural Identity and Integrity. - The State shall recognize and
respect the rights of Moro and indigenous women to practice, promote, protect, and preserve their own culture,
traditions, and institutions and to consider these rights in the formulation and implementation of national policies
and programs. To this end, the State shall adopt measures in consultation with the sectors concerned to protect
their rights to their indigenous knowledge systems and practices, traditional livelihood, and other manifestations
of their cultures and ways of life: Provided, That these cultural systems and practices are not discriminatory to
women.
Section 29. Peace and Development. - The peace process shall be pursued with the following considerations:

22

(a) Increase the number of women participating in discussions and decision-making in the peace process,
including membership in peace panels recognizing women's role in conflict- prevention and peace-making
and in indigenous system of conflict resolution;
(b) Ensure the development and inclusion of women's welfare and concerns in the peace agenda in the
overall peace strategy and women's participation in the planning, implementation, monitoring, and
evaluation of rehabilitation and rebuilding of conflict-affected areas;
(c) The institution of measures to ensure the protection of civilians in conflict-affected communities with
special consideration for the specific needs of women and girls:
(d) Include the peace perspective in the education curriculum and other educational undertakings; and
(e) The recognition and support for women's role in conflict-prevention, management, resolution and
peacemaking, and in indigenous systems of conflict resolution.
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in Especially
Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and physical abuse, illegal
recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest,
and such other related circumstances which have incapacitated them functionally. Local government units are
therefore mandated to deliver the necessary services and interventions to WEDC under their respective
jurisdictions.
Section 31. Services and Interventions. - WEDC shall be provided with services and interventions as
necessary such as, but not limited to, the following:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance: and
(k) Transportation assistance.
Section 32. Protection of Girl-Children. - (a) The State shall pursue measures to eliminate all forms of
discrimination against girl-children in education, health and nutrition, and skills development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and traditions, and
the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and schools of
living culture and traditions shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the month of
Ramadan, choice of clothing (including the wearing of hijab), and availability of halal food shall be ensured.

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Section 33. Protection of Senior Citizens. - The State shall protect women senior citizens from neglect,
abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this end, the State shall
ensure special protective mechanisms and support services against violence, sexual abuse, exploitation, and
discrimination of older women.
Section 34. Women are entitled to the recognition and protection of their rights defined and guaranteed under
this Act including their right to nondiscrimination.
Section 35. Discrimination Against Women is Prohibited. - Public and private entities and individuals found to
have committed discrimination against women shall be subject to the sanctions provided in Section 41 hereof.
Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.
CHAPTER VI
INSTITUTIONAL MECHANISMS
Section 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women. - Within a
period prescribed in the implementing rules and regulations, the National Commission on the Role of Filipino
Women (NCRFW) shall assess its gender mainstreaming program for consistency with the standards under this
Act. It shall modify the program accordingly to ensure that it will be an effective strategy for implementing this Act
and attaining its objectives.
All departments, including their attached agencies, offices, bureaus, state universities and colleges, governmentowned and -controlled corporations, local government units, and other government instrumentalities shall adopt
gender mainstreaming as a strategy to promote women's human rights and eliminate gender discrimination in
their systems, structures, policies, programs, processes, and procedures which shall include, but not limited to,
the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing gender issues
and concerns shall be designed and implemented based on the mandate of government agencies and
local government units, Republic Act No. 7192, gender equality agenda of the government and other
GAD-related legislation, policies, and commitments. The development of GAD programs shall proceed
from the conduct of a gender audit of the agency or the local government unit and a gender analysis of its
policies, programs, services and the situation of its clientele; the generation and review of sexdisaggregated data; and consultation with gender/women's rights advocates and agency/women clientele.
The cost of implementing GAD programs shall be the agency's or the local government unit's GAD budget
which shall be at least five percent (5%) of the agency's or the local government unit's total budget
appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and Nation Building
Act, which allocates five percent (5%) to thirty percent (30%) of overseas development assistance to
GAD, government agencies receiving official development assistance should ensure the allocation and
proper utilization of such funds to gender-responsive programs that complement the government GAD
funds and annually report accomplishments thereof to the National Economic and Development Authority
(NEDA) and the Philippine Commission on Women (PCW).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in terms of its
success in influencing the gender-responsive implementation of agency programs funded by the
remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget for the
purpose of determining its judicious use and the efficiency, and effectiveness of interventions in
addressing gender issues towards the realization of the objectives of the country's commitments, plans,
and policies on women empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the gender
issues and concerns in their respective localities based on consultation with their women constituents and
the women's empowerment and gender equality agenda of the government. The GAD Code shall also
serve as basis for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all departments,
including their attached agencies, offices, bureaus, state universities and colleges, government-owned
and -controlled corporations, local government units, and other government instrumentalities.

24

To move towards a more sustainable, gender-responsive, and performance-based planning and

budgeting, gender issues and concerns shall be integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and
Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, offices, bureaus, state
universities and colleges, and government-owned and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda, comprehensive development
plan (CDP), comprehensive land use plan (CLUP), provincial development and physical
framework plan (PDPFP), and annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including their
attached agencies, offices, bureaus, state universities and colleges, government- owned and -controlled
corporations, local government units, and other government instrumentalities shall establish or strengthen
their GAD Focal Point System or similar GAD mechanism to catalyze and accelerate gender
mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive, an
executive committee with an Undersecretary (or its equivalent), local government unit official, or office in a
strategic decision-making position as Chair; and a technical working group or secretariat which is
composed of representatives from various divisions or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result areas and
shall be given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached agencies,
offices, bureaus, state universities and colleges, government-owned and - controlled corporations, local
government units, and other government instrumentalities shall develop and maintain a GAD database
containing gender statistics and sexdisaggregated data that have been systematically gathered, regularly
updated; and subjected to; gender analysis for planning, programming, and policy formulation.
Section 37. Gender Focal Point Officer in Philippine Embassies and Consulates. - An officer duly trained on
GAD shall be designated as the gender focal point in the consular section of Philippine embassies or consulates.
Said officer shall be primarily responsible in handling gender concerns of women migrant workers. Attached
agencies shall cooperate in strengthening the Philippine foreign posts' programs for the delivery of services to
women migrant workers.
Section 38. National Commission on the Role of Filipino Women (NCRFW). - The National Commission on
the Role of Filipino Women (NCRFW) shall be renamed as the Philippine Commission on Women (PCW), the
primary policymaking and coordinating body of the women and gender equality concerns under the Office of the
President. The PCW shall be the overall monitoring body and oversight to ensure the implementation of this Act.
In doing so, the PCW may direct any government agency and instrumentality, as may be necessary, to report on
the implementation of this Act and for them to immediately respond to the problems brought to their attention in
relation to this Act. The PCW shall also lead in ensuring that government agencies are capacitated on the
effective implementation of this Act. The chairperson shall likewise report to the President in Cabinet meetings on
the implementation of this Act.
To the extent possible, the PCW shall influence the systems, processes, and procedures of the executive,
legislative, and judicial branches of government vis-a-vis GAD to ensure the implementation of this Act.
To effectively and efficiently undertake and accomplish its functions, the PCW shall revise its structure and
staffing pattern with the assistance of the Department of Budget and Management.
Section 39. Commission on Human Rights (CHR). - The Commission, acting as the Gender and Development
Ombud, consistent with its mandate, shall undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among others, in developing indicators and guidelines
to comply with their duties related to the human rights of women, including their right to nondiscrimination
guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women's Human Rights Center to be primarily responsible
for formulating and implementing programs and activities related to the promotion and protection of the
25

human rights of women, including the investigations and complaints of discrimination and violations of
their rights brought under this Act and related laws and regulations;
(c) Establish guidelines and mechanisms, among others, that will facilitate access of women to legal
remedies under this Act and related laws, and enhance the protection and promotion of the rights of
women, especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the
provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil Service Commission any possible
administrative action based on noncompliance or failure to implement the provisions of this Act.
Section 40. Monitoring Progress and Implementation and Impact of this Act. - The PCW, in coordination
with other state agencies and the CHR, shall submit to Congress regular reports on the progress of the
implementation of this Act highlighting the impact thereof on the status and human rights of women: Provided,
That the second report shall include an assessment of the effectiveness of this Act and recommend amendments
to improve its provisions: Provided, finally, That these reports shall be submitted to Congress every three (3)
years or as determined in the implementing rules and regulations.
Section 41. Penalties. - Upon finding of the CHR that a department, agency, or instrumentality of government,
government-owned and -controlled corporation, or local government unit has violated any provision of this Act
and its implementing rules and regulations, the sanctions under administrative law, civil service, or other
appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the Interior
and Local Government. The person directly responsible for the violation as well as the head of the agency or local
chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person directly responsible for the violation shall
be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing other remedies available
under the law and to invoke any of the provisions of existing laws especially those recently enacted laws
protecting women and children, including the Women in Development and Nation Building Act (Republic Act No.
7192), the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic Act
No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of 1997
(Republic Act No. 8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505), the
Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208) and the Anti- Violence Against Women and Their
Children Act of 2004 (Republic Act No. 9262). If violence has been proven to be perpetrated by agents of the
State including, but not limited to, extrajudicial killings, enforced disappearances, torture, and internal
displacements, such shall be considered aggravating offenses with corresponding penalties depending on the
severity of the offenses.
Section 42. Incentives and Awards. - There shall be established an incentives and awards system which shall
be administered by a board under such rules and regulations as may be promulgated by the PCW to deserving
entities, government agencies, and local government units for their outstanding performance in upholding the
rights of women and effective implementation of gender-responsive programs.
Section 43. Funding. - The initial funding requirements for the implementation of this Act shall be charged
against the current appropriations of the agencies concerned. Thereafter, such sums as may be necessary for the
implementation of this Act shall be included in the agencies' yearly budgets under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively fulfill its obligations specified under this
Act. The State agencies' GAD budgets, which shall be at least five percent (5%) of their total budgetary
allocation, shall also be utilized for the programs and activities to implement this Act.
Section 44. Implementing Rules and Regulations. - As the lead agency, the PCW shall, in coordination with
the Commission on Human Rights and all concerned government departments and agencies including, as
observers, both Houses of Congress through the Committee on Youth, Women and Family Relations (Senate)
and the Committee on Women and Gender Equality (House of Representatives) and with the participation of
representatives from nongovernment organizations (NGOs) and civil society groups with proven track record of
involvement and promotion of the rights and welfare of Filipino women and girls identified by the PCW, formulate
the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days after its effectivity.

26

Section 45. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the
remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.
Section 46. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, rule, or regulation contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly.
Section 47. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
Approved,

(Sgd.) PROSPERO C. NOGRALES

Speaker of the House of
Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 2396 and House Bill No. 4273 was finally passed by the
Senate and the House of Representatives on May 19, 2009 and May 20, 2009, respectively.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

Approved: August 14, 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

27

Republic of the Philippines

Congress of the Philippines
Metro Manila
Thirteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand and five.
Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING
THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE I
GOVERNING PRINCIPLES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of
2006." It shall cover the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
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, 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.

28

(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.
SEC. 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this
Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in
conflict with the law.
SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form
of corporate security, property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the
child's physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any
other means and the parents or guardian refuse, are unwilling, or unable to provide protection for
the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child
in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is
not permitted to leave at will by order of any judicial or administrative authority.

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(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological
or educational background without resorting to formal court proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private citizens. It includes the time when the child alleged to
be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not
require preliminary investigation or where there is no necessity to place the child alleged to be in conflict
with the law under immediate custody.
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child
to commit an offense. It may take the form of an individualized treatment program which may include
counseling, skills training, education, and other activities that will enhance his/her psychological,
emotional and psycho-social well-being.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod.
(0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall
be responsible for the appearance in court of the child in conflict with the law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended and the community; and reassurance to the offender
that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the
victim and the community in prevention strategies.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental
disobedience and the like.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing
short-term residential care for children in conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
(t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them into their families and
communities as socially functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the
following rights, including but not limited to:

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(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being
a disposition of last resort, and which shall be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a
manner which takes into account the needs of a person of his/her age. In particular, a child deprived of
liberty shall be separated from adult offenders at all times. No child shall be detained together with adult
offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her
own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact
with his/her family through correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the court,
under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is
given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine
being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the
"Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall
be enforced in accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She
shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or
older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents, age may be based on information from the child

31

himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In
case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all
interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall
exert all efforts at determining the age of the child in conflict with the law.

TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is
hereby created and attached to the Department of Justice and placed under its administrative supervision. The
JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall
ensure the effective implementation of this Act and coordination among the following agencies:
(a) Council for the Welfare of Children (CWC);
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney's Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA)
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);.
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated
by the concerned heads of the following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC)
(d) Department of Education (DepEd);

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(e) Department of the Interior and Local Government (DILG)

(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the other to
be designated by the Secretary of Social Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The Secretary of Justice and the
Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of
the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to
ensure the realization of its mandate and the proper discharge of its duties and functions, as herein provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the
formulation of new ones in line with the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the
participation of government agencies concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention programs and activities by national
government agencies and other activities which may have an important bearing on the success of the
entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be
adopted in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation with children for the prevention of
juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the
children in conflict with the law;
(g) To collect relevant information and conduct continuing research and support evaluations and studies
on all matters relating to juvenile justice and welfare, such as but not limited to:
(1) the performance and results achieved by juvenile intervention programs and by activities of the
local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice
and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in research and policy
development.
(h) Through duly designated persons and with the assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot
inspections on their own initiative in order to check compliance with the standards provided herein and to
make the necessary recommendations to appropriate agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the
administration of the juvenile justice and welfare system and the juvenile intervention program;
(j) To submit an annual report to the President on the implementation of this Act; and

33

(k) To perform such other functions as may be necessary to implement the provisions of this Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government agencies enumerated in
Section 8 shall, with the assistance of the JJWC and within one (1) year from the effectivity of this Act, draft
policies and procedures consistent with the standards set in the law. These policies and procedures shall be
modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention
program as provided under Section 9 (d).
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human Rights
shall ensure that the status, rights and interests of children are upheld in accordance with the Constitution and
international instruments on human rights. The CHR shall strengthen the monitoring of government compliance of
all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as well as
the implementation and dissemination of recommendations and conclusions by government agencies as well as
NGOs and civil society.

TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. - The family shall be responsible for the primary nurturing and rearing of children which is
critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child
in conflict with the law shall be maintained in his/her family.
SEC. 13. The Educational System. - Educational institutions shall work together with families, community
organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of
child in conflict with the law. Schools shall provide adequate, necessary and individualized educational schemes
for children manifesting difficult behavior and children in conflict with the law. In cases where children in conflict
with the law are taken into custody or detained in rehabilitation centers, they should be provided the opportunity
to continue learning under an alternative learning system with basic literacy program or non- formal education
accreditation equivalency system.
SEC. 14. The Role of the Mass Media. - The mass media shall play an active role in the promotion of child
rights, and delinquency prevention by relaying consistent messages through a balanced approach. Media
practitioners shall, therefore, have the duty to maintain the highest critical and professional standards in reporting
and covering cases of children in conflict with the law. In all publicity concerning children, the best interest of the
child should be the primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of
any case involving a child in conflict with the law is hereby declared a violation of the child's rights.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of Children. - Local
Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where
they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act.
Membership in the LCPC shall be chosen from among the responsible members of the community, including a
representative from the youth sector, as well as representatives from government and private agencies
concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the
adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities shall be allocated for
the strengthening and implementation of the programs of the LCPC: Provided, That the disbursement of the fund
shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall appoint a duly
licensed social worker as its local social welfare and development officer tasked to assist children in conflict with
the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the
formulation and implementation of juvenile intervention and diversion programs in the community.

34

CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention Program. - A Comprehensive juvenile
intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the
provincial level.
The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in
their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors concerned, particularly the child-focused
institutions, NGOs, people's organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and implementation of juvenile intervention
programs. Such programs shall be implemented consistent with the national program formulated and designed by
the JJWC. The implementation of the comprehensive juvenile intervention program shall be reviewed and
assessed annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by
the provincial and city governments to the JJWC not later than March 30 of every year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare. - Community-based programs on
juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide community-based services which respond to the special
needs, problems, interests and concerns of children and which offer appropriate counseling and guidance to them
and their families. These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social justice and equal opportunity, which
tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending.

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken
into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the
duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the
child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the person having custody over the child.
If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be
released to any of the following: a duly registered nongovernmental or religious organization; a barangay official
or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and
development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by
the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for involuntary commitment
shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree
No. 603, otherwise ,known as "The Child and Youth Welfare Code".

TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into custody, the
law enforcement officer shall:

35

(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is
being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a
language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual
advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted and have
failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her
apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the
Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental
examination. The examination results shall be kept confidential unless otherwise ordered by the Family
Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the
same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the
physical and medical examination or the failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's
parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the
said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall
not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of
choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents, guardian, or
nearest relative, as the case may be; and (3) the local social welfare and development officer. In the absence of
the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the
investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the
BCPC.

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After the initial investigation, the local social worker conducting the same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15)
but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the
law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the
best interest of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the
local social welfare and development officer shall meet with the child and his/her parents or guardians for
the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang
Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and
phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing,
mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of
diversion may be entered into during such conferencing, mediation or conciliation proceedings.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily
admits the commission of the act, a diversion program shall be developed when appropriate and desirable as
determined under Section 30. Such admission shall not be used against the child in any subsequent judicial,
quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by
the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the
appropriate authorities. The local social welfare and development officer shall supervise the implementation of the
diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of
prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed
forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the diversion program at least
once a month for reporting and evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare
and development officer, shall give the offended party the option to institute the appropriate legal action.
The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but
not exceeding a period of two (2) years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under
Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong
Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the
case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child
to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the
corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall
be filed according to the regular process.

37

SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the
Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child
under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to
determine whether or not the child should remain under custody and correspondingly charged in court. The
document transmitting said records shall display the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is appropriate and
desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the individual
characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an
individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the child.
SEC. 31. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural and
psychological responses and services for the child. At the different stages where diversion may be resorted to,
the following diversion programs may be agreed upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;

38

(ii) problem solving and/or conflict resolution skills;

(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based programs, including community service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest,
preliminary investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation
of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the
prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary
investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b)
when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and
(c) when considering the assessment and recommendation of the social worker, the prosecutor determines that
diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office
of such service, as well as the personal information, and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the
Family Court within forty-five (45) days from the start of the preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of
minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

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The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be released on bail or
recognizance as provided for under Sections 34 and 35 under this Act. In all other cases and whenever possible,
detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or
placement with a family or in an educational setting or home. Institutionalization or detention of the child pending
trial shall be used only as a measure of last resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes established by local
governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the
DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the
jurisdiction of the court. The center or agency concerned shall be responsible for the child's appearance in court
whenever required.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the
child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine
or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall
determine whether or not diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the
time of the commission of the offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing
the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose
the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the
Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who
has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended
and against whom disposition measures have been issued, and shall order the final discharge of the child if it
finds that the objective of the disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of
the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the
disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the
court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence,
or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of
twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of
his/her sentence with the full time spent in actual commitment and detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of
service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in
conflict with the law from initial contact until final disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly
40

or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever,
except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be
granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of proceedings, including
non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in
conflict with the law and adopting a system of coding to conceal material information which will lead to the child's
identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving
the same offender as an adult, except when beneficial for the offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty
of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to him/her for any purpose.

TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation and reintegration of
children in conflict with the law is to provide them with interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal of reintegration to their families and as productive
members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training facility without a
valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately
entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where
there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall be mandatory that
children shall be separated from adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law shall provide a home
environment where children in conflict with the law can be provided with quality counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution shall be given special
attention as to their personal needs and problems. They shall be handled by female doctors, correction officers
and social workers, and shall be accommodated separately from male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle children
in conflict with the law without having undergone gender sensitivity training.
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount to build youth
detention homes as mandated by the Family Courts Act. Youth detention homes may also be established by
private and NGOs licensed and accredited by the DSWD, in consultation with the JJWC.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for the care and
maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or those
persons liable to support him/her: Provided, That in case his/her parents or those persons liable to support
him/her cannot pay all or part of said expenses, the municipality where the offense was committed shall pay onethird (1/3) of said expenses or part thereof; the province to which the municipality belongs shall pay one-third
(1/3) and the remaining one-third (1/3) shall be borne by the national government. Chartered cities shall pay twothirds (2/3) of said expenses; and in case a chartered city cannot pay said expenses, part of the internal revenue
allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said
obligations: Provided, further, That in the event that the child in conflict with the law is not a resident of the
municipality/city where the offense was committed, the court, upon its determination, may require the
city/municipality where the child in conflict with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate establishment of local detention homes for
children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child
41

in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in
lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the law, whose
sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures
best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall be released to
parents, guardians, relatives or any other responsible person in the community. Under the supervision and
guidance of the local social welfare and development officer, and in coordination with his/her parents/guardian,
the child in conflict with the law shall participate in community-based programs, which shall include, but not
limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to actively participate in the
community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by the local social welfare
and development officer to the court for final disposition of the case.
If the community-based programs are provided as diversion measures under Chapter II, Title V, the programs
enumerated above shall be made available to the child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. - The youth rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them in their families and communities as
socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report will
be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation centers
in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-based programs are as
follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case
he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the
support system fostered by their relationship and to create greater awareness of their mutual and
reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage
community support and involvement; and

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(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-based programs
that will focus on the rehabilitation and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the program, the need for the consent of
the child and his/her parents or legal guardians, and the participation of the child-centered agencies whether
public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in conflict with the law
whose cases have been dismissed by the proper court because of good behavior as per recommendation of the
DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services
by the local social welfare and development officer for a period of at least six (6) months. The service includes
counseling and other community-based services designed to facilitate social reintegration, prevent re-offending
and make the children productive members of the community.

TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult
shall not be considered an offense and shall not be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt
from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said
persons shall undergo appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and
other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the
initial contact with the child, the competent authorities must refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or
ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child
in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or
forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade
his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

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CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. - Any person who
violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon
conviction for each act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00)
but not more than Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but
not more than ten (10) years, or both such fine and imprisonment at the discretion of the court, unless a higher
penalty is provided for in the Revised Penal Code or special laws. If the offender is a public officer or employee,
he/she shall, in addition to such fine and/or imprisonment, be held administratively liable and shall suffer the
penalty of perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of this Act shall be
charged to the Office of the President. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the JJWC shall be taken
from the proceeds of the Philippine Charity Sweepstakes Office.

TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act,
cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be
dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such
officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of
his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended
sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is
contrary to the best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family Court shall also
determine whether or not continued detention is necessary and, if not, determine appropriate alternatives for
detention.
If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the
child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. - The PNP, the BJMP
and the BUCOR are hereby directed to submit to the JJWC, within ninety (90) days from the effectivity of this Act,
an inventory of all children in conflict with the law under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. If a child reaches the age of eighteen (18) years pending diversion and court proceedings, the appropriate
diversion authority in consultation with the local social welfare and development officer or the Family Court in
consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court, as the case may be,
shall determine the appropriate disposition. In case the appropriate court executes the judgment of conviction,
and unless the child in conflict the law has already availed of probation under Presidential Decree No. 603 or
other similar laws, the child may apply for probation if qualified under the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who have been convicted
and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18)
years at the time the commission of the offense for which they were convicted and are serving sentence, shall
likewise benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions
provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately released if
they are so qualified under this Act or other applicable law.

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TITLE IX
FINAL PROVISIONS
SEC. 69. Rule Making Power. - The JJWC shall issue the IRRs for the implementation of the provisions of this
act within ninety (90) days from the effectivity thereof.
SEC. 70. Separability Clause. - If, for any reason, any section or provision of this Act is declared unconstitutional
or invalid by the Supreme Court, the other sections or provisions hereof not dfected by such declaration shall
remain in force and effect.
SEC. 71. Repealing Clause. - All existing laws, orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 72. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in at least two (2)
national newspapers of general circulation.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 1402 and House Bill No. 5065 was finally passed by the
Senate and the House of Representatives on March 22, 2006.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: April 28, 2006

GLORIA MACAPAGAL-ARROYO
President of the Philippines

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Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT NO. 10360
AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. This Act shall be known as the "Charter of the Province of Davao Occidental".
Section 2. Province of Davao Occidental. There is hereby created a new province from the present Province of
Davao del Sur to be known as the Province of Davao Occidental, consisting of the municipalities of Sta. Maria,
Malita, Don Marcelino, Jose Abad Santos and Sarangani. The territorial jurisdiction of the Province of Davao
Occidental shall be within the present metes and bounds of all the municipalities that comprise the Province of
Davao Occidental.
The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing
boundary disputes or cases involving questions of territorial jurisdiction between the Province of Davao
Occidental and adjoining local government units (LGUs): Provided, That the territorial jurisdiction of the disputed
area or areas shall remain with the LGU, which has existing administrative supervision over said area or areas
until final resolution of the case.
Section 3. Capital Town and Seat of Government. The capital town and seat of government of the new
Province of Davao Occidental shall be the Municipality of Malita.
Section 4. Corporate Powers of the Province. The province constitutes a political body corporate and as such
is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a provincial
corporation to be exercised in conformity with the provision of this Charter and the 1991 Local Government Code,
as amended. The province shall have the following corporate powers:
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
(d) To acquire, hold and convey real or personal property;
(e) To enter into contracts and/or agreements; and
(f) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act
or other laws.
Section 5. General Powers. The province shall have a common seal and may alter the same at its
pleasure: Provided, That any change of corporate seal shall be registered with the Department of the Interior and
Local Government (DILG). It shall have the power to create its sources of revenue and to levy taxes, fees and
charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease,
convey and dispose of real and personal property for the general interests of the province; to expropriate or
condemn private property for public use; to contract and to be contracted with; to sue and be sued; to prosecute
and defend to final judgment and execution suits wherein the province is involved or interested in and to exercise
all the powers as are granted to corporations or as hereinafter granted, subject to the provisions of the 1991
Local Government Code, as amended.

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Section 6. Liability for Damages. The province and its officials shall not be exempt from liability for death or
injury to persons or damage to property.
Section 7. Legislative District. The Province of Davao Occidental shall have its own legislative district to
commence in the next national and local elections after the effectivity of this Charter. Henceforth, the
municipalities of Sta. Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani shall comprise the Lone
Legislative District of the Province of Davao Occidental while the City of Digos and the municipalities of Malalag,
Sulop, Kiblawan, Padada, Hagonoy, Sta. Cruz, Matanao, Bansalan and Magsaysay shall comprise the Lone
Legislative District of the Province of Davao del Sur.
The incumbent Representatives of the present Province of Davao del Sur shall continue to represent their
respective legislative districts until the expiration of their term of office.
ARTICLE II
PROVINCIAL OFFICIALS IN GENERAL
Section 8. Officials of the Provincial Government.
(a) There shall be in the Province of Davao Occidental: a provincial governor, a provincial vice governor,
the regular members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a
provincial treasurer, a provincial assessor, a provincial accountant, a provincial budget officer, a provincial
planning and development coordinator, a provincial engineer, a provincial health officer, a provincial
administrator, a provincial legal officer, a provincial agriculturist, a provincial social welfare and
development officer, a provincial veterinarian and a provincial general services officer.
(b) In addition thereto, the provincial governor may appoint a provincial architect, a provincial population
officer, a provincial environment and natural resources officer, a provincial cooperatives officer and a
provincial information officer.
(c) The sangguniang panlalawigan may:
(1) Maintain existing offices mentioned in subsections (a) and (b) hereof;
(2) Create such other offices as may be necessary to carry out the purposes of the provincial
government; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and
economy.
Unless otherwise provided herein or in the 1991 Local Government Code, as amended, the heads of
departments and offices shall be appointed by the provincial governor with the concurrence of a majority of all the
sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang
panlalawigan shall act on the appointment within fifteen (15) days from the day of its submission; otherwise, the
same shall be deemed confirmed.
Section 9. Residence and Office. During the incumbency of the provincial governor, he or she shall have his or
her official residence and office in the capital of the province. All elective and appointive provincial officials shall
hold office in the provincial capital: Provided, That, upon the resolution of the sangguniang panlalawigan, elective
and appointive provincial officials may hold office in any component city or municipality within the province for a
period of not more than seven (7) days for any given month.
Elective and appointive provincial officials shall receive such compensation, allowances and other emoluments as
may be determined by law or ordinance, subject to the budgetary limitations on personal services prescribed
under Title V, Book II of the Local Government Code of 1991, as amended: Provided, That, no increase in
compensation shall take effect until after the expiration of the full term of all the elective officials approving such
increase.
ARTICLE III
ELECTIVE PROVINCIAL OFFICIALS
Section 10. The Provincial Governor. (a) The provincial governor, as the chief executive of the provincial
government, shall exercise such powers and perform such duties and functions as provided for in the Local
Government Code of 1991, as amended, and other laws.

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(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the province
and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended, the provincial
governor shall:
(1) Exercise general supervision and control over all programs, projects, services and activities of the
provincial government and, in this connection, shall:
(i) Determine the guidelines of provincial policies and be responsible to the sangguniang
panlalawigan for the program of the government;
(ii) Direct the formulation of the provincial development plan, with the assistance of the provincial
development council and upon approval thereof by the sangguniang panlalawigan, implement the
same;
(iii) Present the program of government and propose policies and projects for the consideration of
the sangguniang panlalawigan at the opening of the regular session of the sangguniang
panlalawigan every calendar year and as often as may be deemed necessary as the general
welfare of the inhabitants and the needs of the provincial government may require;
(iv) Initiate and propose legislative measures to the sangguniang panlalawigan and as often as
may be deemed necessary, provide such information and data needed or requested by said
sangguniang panlalawigan in the performance of its legislative functions;
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of
provincial funds and whose appointments are not otherwise provided for in this Act as well as
those he or she may be authorized by law to appoint;
(vi) Represent the province in all its business transactions and sign in its behalf all bonds,
contracts and obligations, and such other documents upon the authority of the sangguniang
panlalawigan or pursuant to law or ordinance;
(vii) Carry out such emergency measures as may be necessary during and in the aftermath of
man-made and natural disasters and calamities;
(viii) Determine the time, manner and place of payment of salaries or wages of the provincial
officials and employees, in accordance with law or ordinance;
(ix) Allocate and assign office space to the provincial and other officials and employees who, by
law or ordinance, are entitled to such space in the provincial capitol and other buildings owned or
leased by the provincial government;
(x) Ensure that all executive officials and employees of the province faithfully discharge their
duties and functions as provided for by law and the Local Government Code of 1991, as
amended, and cause to be instituted administrative or judicial proceedings against any official or
employee of the province who may have committed an offense in the performance of his or her
official duties;
(xi) Examine the books, records and other documents of all offices, officials, agents or employees
of the province and, in aid of his or her executive powers and authority, require all national officials
and employees stationed in the province to make available to him or her such books, records and
other documents in their custody, except those classified by law as confidential;
(xii) Furnish copies of executive orders issued by him or her to the Office of the President within
seventy-two (72) hours after their issuance;
(xiii) Visit component cities and municipalities of the province at least once every six (6) months to
deepen his or her understanding of problems and conditions, listen and give appropriate counsel
to local officials and inhabitants, inform the officials and inhabitants of component cities and
municipalities of general laws and ordinances which especially concern them, and otherwise
conduct visits and inspections to ensure that the governance of the province will improve the
quality of life of the inhabitants;

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(xiv) Act on leave applications of officials and employees appointed by him or her and the
commutation of the monetary value of their leave credits in accordance with law;
(xv) Authorize official trips of provincial officials and employees outside of the province for a period
not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned to the province to advise
him or her on matters affecting the province and to make recommendations thereon; coordinate
with the said official or employee in the formulation and implementation of plans, programs and
projects; and, when appropriate, initiate an administrative or judicial action against a national
government official or employee who may have committed an offense in the performance of his or
her duties while stationed in or assigned to the province;
(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or
medical fees of provincial officials and employees who are injured while in the performance of
their official duties and functions, subject to the availability of funds;
(xviii) Represent the province in inter-provincial or regional sports councils or committees, and
coordinate the efforts of component cities or municipalities in the regional or national palaro or
sports development activities;
(xix) Conduct an annual palarong panlalawigan, which shall feature traditional sports and
disciplines included in national and international games, in coordination with the Department of
Education (DepED); and
(xx) Submit to the Office of the President the following reports: an annual report containing a
summary of all matters pertinent to the management, administration and development of the
province and all information and data relative to its political, social and economic conditions; and
supplemental reports when unexpected events and situations arise at any time during the year,
particularly when man-made or natural disasters or calamities affect the general welfare of the
province, region or country;
(2) Enforce all laws and ordinances relative to the governance of the province and the exercise of the
appropriate corporate powers provided for in Section 22 of the Local Government Code of 1991, as
amended; implement all approved policies, programs, projects, services and activities of the province;
and, in addition to the foregoing, shall:
(i) Ensure that the acts of the component cities and municipalities of the province and of its
officials and employees are within the scope of their prescribed powers, duties and functions;
(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of
the province and its component cities and municipalities, including national officials and
employees stationed in or assigned to the province, at such time and place and on such subject
as he or she may deem important for the promotion of the general welfare of the province and its
inhabitants;
(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws
and ordinances;
(iv) Be entitled to carry the necessary firearm within his or her territorial jurisdiction;
(v) In coordination with the mayors of component cities and municipalities and the National Police
Commission, formulate the peace and order plan of the province and upon its approval,
implement the same in accordance with Republic Act No. 6975; and
(vi) Call upon the appropriate national law enforcement agencies to suppress disorder, riot,
lawless violence, rebellion or sedition or to apprehend violators of the law when public interest so
requires and the police forces of the component city and municipality where the disorder or
violation is happening are inadequate to cope with the situation or the violators;
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the
implementation of development plans, program objectives and priorities as provided for under Section 18
of the Local Government Code of 1991, as amended, particularly those resources and revenues

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programmed for agro-industrial development and countrywide growth and progress and, relative thereto,
shall;
(i) Require each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget preparation process
under Title V, Book II of the Local Government Code of 1991, as amended;
(ii) Prepare and submit to the sangguniang panlalawigan for approval the executive and
supplemental budgets of the province for the ensuing calendar year in the manner provided for
under Title V, Book II of the Local Government Code of 1991, as amended;
(iii) Ensure that all taxes and other revenues of the province are collected, and that provincial
funds are applied to the payment of expenses and the settlement of obligations of the province, in
accordance with law or ordinance;
(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions
upon which said licenses or permits had been issued, pursuant to law or ordinance;
(v) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other
resources of the province, in coordination with the mayors of component cities and municipalities;
(vi) Provide efficient and effective property and supply management in the province; and protect
the funds, credits, rights and other properties of the province; and
(vii) Institute or cause to be instituted administrative or judicial proceedings for violations of
ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property,
and cause the province to be defended against all suits to ensure that its interests, resources and
rights shall be adequately protected;
(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under
Section 17 of the Local Government Code of 1991, as amended and, in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded by the national
government shall be, as far as practicable, carried out in a spatially contiguous manner and in
coordination with the construction and repair of the roads and bridges of the province and of its
component cities and municipalities; and
(ii) Coordinate the implementation of technical services by national offices for the province and its
component cities and municipalities, including public works and infrastructure programs of the
provincial government and its component cities and municipalities; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.
The provincial governor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty
(30) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines issued pursuant
thereto.
Section 11. The Provincial Vice Governor. (a) The provincial vice governor shall:
(1) Be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the provincial
treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the
sangguniang panlalawigan, except those whose manner of appointment is specifically provided for under
existing laws;
(3) Assume the office of the provincial governor for the unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44, Book I of the Local Government Code of 1991, as
amended;

50

(4) Exercise the powers and perform the duties and functions of the provincial governor in case of
temporary vacancy as provided for in Section 46, Book I of the Local Government Code of 1991, as
amended; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.
(b) The provincial vice governor shall receive a monthly compensation corresponding to Salary Grade Twentyeight (28) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines issued
pursuant thereto.
ARTICLE IV
THE SANGGUNIANG PANLALAWIGAN
Section 12. Composition. (a) The sangguniang panlalawigan, the legislative body of the province, shall be
composed of the provincial vice governor as the presiding officer, the regular sangguniang panlalawigan
members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang
pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of
municipalities and component cities and the three (3) sectoral representatives, as members, who shall come from
the following sectors: one (1) from the women sector; and, as shall be determined by the sangguniang
panlalawigan within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or
industrial workers sector; and one (1) from the other sectors, including the urban poor, indigenous cultural
communities or persons with disability.
(b) The regular members of the sangguniang panlalawigan and the sectoral representatives shall be elected in
the manner as provided for by law, and shall receive a monthly compensation corresponding to Salary Grade
Twenty-seven (27) as prescribed under Republic Act No. 6758, as amended, and the implementing guidelines
issued pursuant thereto.
Section 13. Powers, Duties, Functions and Compensation. (a) The sangguniang panlalawigan, as the
legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general
welfare of the province and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as
amended, and in the proper exercise of the corporate powers of the province as provided for under Section 22 of
the Local Government Code of 1991, as amended, and shall:
(1) Approve all ordinances and pass resolutions necessary for an efficient and effective provincial
government and, in this connection, shall:
(i) Review all ordinances approved by the sanggunians of component cities and municipalities and
executive orders issued by the mayors of said component units to determine whether these are
within the scope of the prescribed powers of the sanggunian and of the mayor;
(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness,
disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said
ordinances;
(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an
imprisonment not exceeding one (1) year, or both, in the discretion of the court, for the violation of
a provincial ordinance;
(iv) Adopt measures to protect the inhabitants of the province from the harmful effects of manmade or natural disasters and calamities, and to provide relief services and assistance for victims
during and in the aftermath of said disasters and calamities and their return to productive
livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy, prostitution, the establishment and
maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent
devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic
materials or publication, and such other activities inimical to the welfare and morals of the
inhabitants of the province;

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(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora
and fauna, slash-and-burn farming and such other activities which result in pollution, acceleration
of eutrophication of rivers and lakes, or of ecological imbalance;
(vii) Subject to the provisions of the Local Government Code of 1991, as amended, and pertinent
laws, determine the powers and duties of officials and employees of the province;
(viii) Determine the positions and salaries, wages, allowances and other emoluments and benefits
of officials and employees paid wholly or mainly from provincial funds and provide for
expenditures necessary for the proper conduct of programs, projects, services and activities of the
provincial government;
(ix) Authorize the payment of compensation to a qualified person not in the government service
who fills in a temporary vacancy or grant honorarium to any qualified official or employee
designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law;
(x) Provide mechanism and the appropriate funds therefore to ensure the safety and protection of
all provincial government property, public documents or records such as those relating to property
inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts,
business permits and such other records and documents of public interest in the offices and
departments of the provincial government; and
(xi) When the finances of the provincial government allow, provide for additional allowances and
other benefits to judges, prosecutors, public elementary and high school teachers, and other
national government officials stationed or assigned to the province;
(2) Generate and maximize the use of resources and revenues for the development plans, program
objectives and priorities of the province as provided for under Section 18 of the Local Government Code
of 1991, as amended, with particular attention to agro-industrial development and countrywide growth and
progress and, relative thereto, shall:
(i) Enact the annual and supplemental appropriations of the provincial government and
appropriate funds for specific programs, projects, services and activities of the province, or for
other purposes not contrary to law, in order to promote the general welfare of the province and its
inhabitants;
(ii) Subject to the provisions of Book II of the Local Government Code of 1991, as amended and
applicable laws and, upon the majority vote of all the members of the sangguniang panlalawigan,
enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and
specific purposes and granting tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Local Government Code of 1991, as amended and
applicable laws and, upon the majority vote of all the members of the sangguniang panlalawigan,
authorize the provincial governor to negotiate and contract loans and other forms of indebtedness;
(iv) Subject to the provisions of Book II of the Local Government Code of 1991, as amended and
applicable laws and, upon the majority vote of all the members of the sangguniang panlalawigan,
enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the
purpose of raising funds to finance development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of
the province and, upon the majority vote of all the members of the sangguniang panlalawigan,
authorize the provincial governor to lease to private parties such public buildings held in a
proprietary capacity, subject to existing laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the
province;
(vii) Review the comprehensive land use plans and zoning ordinances of component cities and
municipalities and adopt a comprehensive provincial land use plan, subject to existing laws; and

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(viii) Adopt measures to enhance the full implementation of the national agrarian reform program
in coordination with the Department of Agrarian Reform (DAR);
(3) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, grant
franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and
charges upon such conditions and for such purposes intended to promote the general welfare of the
inhabitants of the province and, pursuant to the legislative authority, shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the provincial
government to private persons or entities; and
(ii) Regulate and fix the license fees for such activities as provided for under the Local
Government Code of 1991, as amended;
(4) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided in Section 17 of the Local Government Code of 1991, as amended, and, in addition
to said services and facilities, shall:
(i) Adopt measures and safeguards against pollution and for the preservation of the natural
ecosystem in the province, in consonance with approved standards on human settlements and
environmental sanitation;
(ii) Subject to applicable laws, facilitate or provide for the establishment and maintenance of a
waterworks system or district waterworks for supplying water to inhabitants of component cities
and municipalities;
(iii) Subject to the availability of funds and to existing laws, rules and regulations, provide for the
establishment and operation of vocational and technical schools and similar post-secondary
institutions and, with the approval of the DepED and subject to existing laws on tuition fees, fix
reasonable tuition fees and other school charges in educational institutions supported by the
provincial government;
(iv) Establish a scholarship fund for the poor but deserving students in schools located within its
jurisdiction or of students residing within the province;
(v) Approve measures and adopt quarantine regulations to prevent the introduction and spread of
diseases within its territorial jurisdiction;
(vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind, abandoned
minors, abused children, disabled persons, juvenile delinquents, drug dependents, and other
needy and disadvantaged persons, particularly children and youth below eighteen (18) years of
age; subject to the availability of funds, establish and support the operation of centers and
facilities for said needy and disadvantaged persons; and facilitate the efforts to promote the
welfare of families below the poverty threshold, the disadvantaged and the exploited;
(vii) Establish and provide for the maintenance and improvement of jails and detention centers,
institute a sound jail management program and appropriate funds for the subsistence of detainees
and convicted prisoners in the province;
(viii) Establish a provincial council whose purpose is the promotion of culture and the arts,
coordinate with government agencies and nongovernmental organizations and, subject to the
availability of funds, appropriate funds for the support and development of the same; and
(ix) Establish a provincial council for the elderly which shall formulate policies and adopt
measures mutually beneficial to the elderly and to the province; subject to the availability of funds,
appropriate funds to support programs and projects for the elderly; and provide incentives for
nongovernmental agencies and entities to support the programs and projects of the elderly; and
(5) Exercise such other powers and perform such other duties and functions as provided for under the
Local Government Code of 1991, as amended, and as may be prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISLATION

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Section 14. Internal Rules of Procedure. (a) On the first regular session following the election of its members
and within ninety (90) days thereafter, the sangguniang panlalawigan shall adopt or update its existing rules of
procedure.
(b) The rules of procedure shall provide for the following:
(1) The organization of the sanggunian and the election of its officers as well as the creation of standing
committees which shall include, but shall not be limited to, the committees on appropriations, women and
family, human rights, youth and sports development, environment protection, peace and order and traffic,
and cooperatives; the general jurisdiction of each committee; and the election of the chairman and
members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4)
consecutive sessions for which they may be censured, reprimanded or excluded from the session,
suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or
expulsion shall require the concurrence of at least two-thirds (2/3) of all the sanggunian
members: Provided, further, That a member convicted by final judgment to imprisonment of at least one
(1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and
(6) Such other rules as the sanggunian may adopt.
Section 15. Full Disclosure of Financial and Business Interests of Sangguniang Panlalawigan Members. (a)
Every sangguniang panlalawigan member shall, upon assumption to office, make a full disclosure of his or her
business and financial interests. He or she shall also disclose any business financial, professional relationship or
any relation by affinity or consanguinity within the fourth civil degree, which he or she may have with any person,
firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he or she is
a member, which relationship may result in conflict of interest. Such relationship shall include:
(1) Ownership of stocks or capital, or investment in the entity or firm to which the ordinance or resolution
may apply; and
(2) Contracts or agreement with any person or entity which the ordinance or resolution under
consideration may affect.
In the absence of a specific constitutional or statutory provisions applicable to this situation, "conflict of interest"
refers in general to one where it may be reasonably deduced that a member of a sangguniang panlalawigan may
not act in the public interest due to some private, pecuniary or other personal considerations that may tend to
affect his or her judgment to the prejudice of the service or the public.
(b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the
sanggunian or the secretary of the committee of which he or she is a member. The disclosure shall, in all cases,
form part of the record of the proceedings and shall be made in the following manner:
(1) Disclosure shall be made before the member participates in the deliberations on the ordinance or
resolution under consideration: Provided, That if the member did not participate during the deliberations,
the disclosure shall be made before voting on the ordinance or resolution on second and third readings;
and
(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter
that may affect the business interest, financial connection or professional relationship described herein.
Section 16. Sessions. (a) On the first day of session immediately following the election of its members, the
sangguniang panlalawigan shall, by resolution, fix the day, time and place of its regular sessions. The minimum
number of regular sessions of the sangguniang panlalawigan shall be once a week.
(b) When the public interest so demands, special sessions may be called by the provincial governor or by a
majority of the members of the sanggunian.

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(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative
vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security,
decency or morality. No two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally
at the members usual place of residence at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a
quorum, no other matters may be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and a record of its proceedings which may be published upon resolution
of the sangguniang panlalawigan.
Section 17. Quorum. (a) A majority of all the members of the sanggunian who have been elected and qualified
shall constitute a quorum to transact official business. Should a question of quorum be raised during the session,
the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the
results.
(b) Where there is no quorum, the presiding officer may declare a recess until such time a quorum is constituted,
or a majority of the members present may adjourn from day to day and may compel the immediate attendance of
any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a
member or members of the police force assigned in the territorial jurisdiction of the province, to arrest the absent
member and present him or her at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall
be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then
declare the session adjourned for lack of quorum.
Section 18. Approval of Ordinances. (a) Every ordinance enacted by the sangguniang panlalawigan shall be
presented to the provincial governor. If the provincial governor approves the same, he or she shall affix his or her
signature on each and every page thereof; otherwise, he or she shall veto it and return the same with his or her
objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto
of the provincial governor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution
effective for all legal intents and purposes.
(b) The veto shall be communicated by the provincial governor to the sangguniang panlalawigan within fifteen
(15) days; otherwise, the ordinance shall be deemed approved as if he or she had signed it.
Section 19. Veto Power of the Provincial Governor. (a) The provincial governor may veto any ordinance of the
sangguniang panlalawigan on the ground that it is prejudicial to the public welfare, stating his or her reasons
thereof in writing.
(b) The provincial governor shall have the power to veto any particular item or items of an appropriation
ordinance, an ordinance or resolution adopting a local development plan and public investment program or an
ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or
items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang
panlalawigan overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The provincial governor may veto an ordinance or resolution only once. The sanggunian may override the veto
of the provincial governor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even
without the approval of the provincial governor.
ARTICLE VI
SUCCESSION FOR ELECTIVE PROVINCIAL OFFICIALS
Section 20. Permanent Vacancy in the Office of the Provincial Governor. (a) If a permanent vacancy occurs m
the office of the provincial governor, the provincial vice governor shall become the provincial governor or in case
of his or her permanent inability, the highest ranking sanggunian member shall become the provincial governor. If
a permanent vacancy occurs in the office of the provincial vice governor, the highest ranking sangguniang
panlalawigan member shall become the provincial vice governor or, in case of his or her permanent incapacity,
the highest ranking sangguniang panlalawigan member shall become the provincial vice governor. Subsequent
vacancies shall be filled automatically by other sanggunian members according to their ranking as defined herein:

55

(1) A tie between or among the highest ranking sangguniang panlalawigan members shall be resolved by
drawing of lots;
(2) The successors as defined herein shall serve only the unexpired terms of the predecessors;
(3) For purposes of this Act, a permanent vacancy arises when an elective official fills a higher vacant
office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is
otherwise permanently incapacitated to discharge the functions of his or her office; and
(4) For purposes of succession as provided for in this Act, ranking in the sangguniang panlalawigan shall
be determined on the basis of the proportion of votes obtained by each winning candidate to the total
number of registered voters in the province in the immediately preceding local elections.
Section 21. Permanent Vacancies in the Sangguniang Panlalawigan. (a) Permanent vacancies in the
sangguniang panlalawigan where automatic succession as provided does not apply shall be filled by appointment
by the President, through the Executive Secretary.
(b) Only the nominee of the political party under which the sanggunian member concerned had been elected and
whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed
in the manner herein provided. The appointee shall come from the same political party as that of the sanggunian
member who caused the vacancy and shall serve the unexpired term of the vacant office.
In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the
highest official of the political party concerned are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a ground for administrative action against
the official responsible therefor.
(c) In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party,
the provincial governor shall, upon recommendation of the sangguniang panlalawigan, appoint a qualified person
to fill in the vacancy.
(d) In case of vacancy in the representation of the sangguniang kabataan, the sangguniang barangay and the
provincial league of councilors in the sangguniang panlalawigan, said vacancy shall be filled in automatically by
the official next-in-rank of the organization concerned.
Section 22. Temporary Vacancy in the Office of the Provincial Governor. (a) When the provincial governor is
temporarily incapacitated to perform his or her duties for physical or legal reasons such as, but not limited to,
leave of absence, travel abroad and suspension from office, the provincial vice governor shall automatically
exercise the powers and perform the duties and functions of the provincial governor, except the power to appoint,
suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty
(30) working days.
(b) Said temporary incapacity shall terminate upon submission to the sangguniang panlalawigan of a written
declaration by the provincial governor that he or she has reported back to office. In case where the temporary
incapacity is due to legal cause, the provincial governor shall also submit necessary documents showing that the
said legal cause no longer exists.
(c) When the provincial governor is traveling within the country but outside territorial jurisdiction for a period not
exceeding three (3) consecutive days, he or she may designate in writing the officer-in-charge of his or her office.
Such authorization shall specify the powers and functions that the local official concerned shall exercise in the
absence of the provincial governor, except the power to appoint, suspend or dismiss employees.
(d) In the event, however, that the provincial governor fads or refuses to issue such authorization, the provincial
vice governor shall have the right to assume the powers, duties and functions of the said office on the fourth (4th)
day of absence of the provincial governor, subject to the limitations provided for in subsection (c) hereof.
(e) Except as provided above, the provincial governor shall, in no case, authorize any local official to assume the
powers, duties and functions of the office other than the provincial vice governor.
ARTICLE VII
APPOINTIVE PROVINCIAL OFFICIALS:
THEIR QUALIFICATIONS, POWERS AND DUTIES

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Section 23. The Secretary to the Sangguniang Panlalawigan. (a) There shall be a secretary to the sangguniang
panlalawigan who shall be a career official with the rank and salary equal to a head of a department or office.
(b) No person shall be appointed secretary to the sanggunian unless he or she is a citizen of the Philippines, a
resident of the province, of good moral character, a holder of a college degree preferably in law, commerce or
public administration from a recognized college or university, and a first grade civil service eligible or its
equivalent.
(c) The secretary to the sanggunian shall take charge of the office of the sangguniang panlalawigan, and shall:
(1) Attend meetings of the sanggunian and keep a journal of its proceedings;
(2) Keep the seal of the LGU and affix the same with his or her signature to all ordinances, resolutions
and other official acts of the sanggunian and present the same to the presiding officer for his or her
signature;
(3) Forward to the provincial governor, for approval, copies of ordinances enacted by the sanggunian and
duly certified by the presiding officer, in the manner provided for in Section 54 of the Local Government
Code of 1991, as amended;
(4) Forward to the sangguniang bayan or sangguniang panlungsod, as the case may be, copies of duly
approved ordinances in the manner provided for in Sections 56 and 57 of the Local Government Code of
1991, as amended;
(5) Furnish, upon the request of any interested party, certified copies of records of public character in his
or her custody, upon payment to the treasurer of such fees as may be prescribed by ordinance;
(6) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the
sanggunian, with the dates of passage and publication thereof;
(7) Keep his or her office and all nonconfidential records therein open to the public during usual business
hours;
(8) Translate into the dialect used by the majority of the inhabitants, all ordinances and resolutions
immediately after their approval, and cause the publication of the same together with the original version
in the manner provided for under the Local Government Code of 1991, as amended; and
(9) Take custody of the local archives and, where applicable, the local library and annually account for the
same.
(d) Exercise such powers and perform such other duties and functions as may be prescribed by law or ordinance
relative to his or her position.
Section 24. The Provincial Treasurer. (a) The provincial treasurer shall be appointed by the Secretary of
Finance from a list of at least three (3) ranking eligible recommendees of the provincial governor, subject to civil
service law, rules and regulations.
(b) The provincial treasurer shall be under the administrative supervision of the provincial governor, to whom he
or she shall report regularly on the tax collection efforts in the LGU.
(c) No person shall be appointed provincial treasurer unless he or she is a citizen of the Philippines, a resident of
the province, of good moral character, a holder of a college degree preferably in commerce, public administration
or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she
must have acquired experience in treasury or accounting service for at least five (5) years.
The appointment of the provincial treasurer shall be mandatory.
(d) He or she shall take charge of the treasury office, and perform the duties as provided for under Book II of the
Local Government Code of 1991, as amended, and shall:
(1) Advise the provincial governor or the sanggunian, as the case may be, and other local government
and national officials concerned regarding disposition of local government funds and on such other
matters relative to public finance;

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(2) Take custody of and exercise proper management of the funds of the LGU concerned;
(3) Take charge of the disbursement of all local government funds and such other funds, the custody of
which may be entrusted to him or her by law or other competent authority;
(4) Inspect private commercial and industrial establishments within the jurisdiction of the province in
relation to the implementation of tax ordinances, pursuant to the provisions under Book II of the Local
Government Code of 1991, as amended;
(5) Maintain and update the tax information system of the LGU; and
(6) Exercise technical supervision over all treasury offices of component cities and municipalities.
(e) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 25. The Provincial Assessor. (a) No person shall be appointed provincial assessor unless he or she is
a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in real
property assessment work or in any related field for at least five (5) years.
The appointment of the provincial assessor shall he mandatory.
(b) The provincial assessor shall take charge of the assessors office and perform the duties as provided for
under Book II of the Local Government Code of 1991, as amended, and shall:
(1) Ensure that all laws and policies governing the appraisal and assessment of real properties for
taxation purposes are properly executed;
(2) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques,
procedures and practices in the valuation and assessment of real properties for taxation purposes;
(3) Establish a systematic method of real property assessment;
(4) Install and maintain a real property identification and accounting system;
(5) Prepare, install and maintain a system of tax mapping, showing graphically all property subject to
assessment and gather all data concerning the same;
(6) Conduct frequent physical surveys to verify and determine whether all real properties within the
province are properly listed in the assessment rolls;
(7) Exercise the functions of appraisal and assessment primarily for taxation purposes of all real
properties in the province;
(8) Prepare a schedule of the fair market value for the different classes of real properties in accordance
with Title 2, Book II of the Local Government Code of 1991, as amended;
(9) Issue, upon request of any interested party, certified copies of assessment records of real properties
and all other records relative to its assessment, upon payment of a service charge or fee to the provincial
treasurer;
(10) Submit every semester a report of all assessments, as well as cancellations and modifications of
assessments to the provincial governor and the sangguniang panlalawigan; and
(11) Exercise technical supervision and visitorial functions over all component city and municipal
assessors, coordinate with component city or municipal assessors in the conduct of tax mapping
operations and all other assessment activities, and provide all forms of assistance therefor: Provided,
however, That, upon full provision by the component city or municipality concerned to its assessors office
of the minimum personnel, equipment and funding requirements as may be prescribed by the Secretary
of Finance, such functions shall be delegated to the said municipal assessor.

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(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 26. The Provincial Accountant. (a) No person shall be appointed provincial accountant unless he or
she is a citizen of the Philippines, a resident of the province, of good moral character and a certified public
accountant. He or she must have acquired experience in the treasury or accounting service for at least five (5)
years.
The appointment of a provincial accountant is mandatory.
(b) The provincial accountant shall take charge of both the accounting and internal audit services of the province,
and shall:
(1) Install and maintain an internal audit system in the province;
(2) Prepare and submit financial statements to the provincial governor and to the sangguniang
panlalawigan;
(3) Apprise the sanggunian and other local government officials on the financial condition and operations
of the provincial government;
(4) Certify to the availability of budgetary allotment from which expenditures and obligations may be
properly charged;
(5) Review supporting documents before the preparation of vouchers to determine completeness of
requirements;
(6) Prepare statements of cash advances, liquidations, salaries, allowances, reimbursements and
remittances pertaining to the provincial government;
(7) Prepare statements of journal vouchers and liquidations of the same and other adjustments related
thereto;
(8) Post individual disbursements to subsidiary ledgers and index cards;
(9) Maintain individual ledgers for officials and employees of the provincial government pertaining to
payrolls and deductions;
(10) Record and post in index cards details of purchased furniture, fixtures and equipment, including
disposal thereof, if any;
(11) Account for all issued requests for obligations and maintain and keep all records and reports related
thereto;
(12) Prepare journals and the analysis of obligations and maintain and keep all records and reports
related thereto; and
(13) Exercise such other powers and perform such other duties and functions as may be provided by law
or ordinance.
Section 27. The Provincial Budget Officer. (a) No person shall be appointed provincial budget officer unless he
or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college
degree preferably in accounting, economics, public administration or any related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired
experience in government budgeting or in any related field for at least five (5) years.
The appointment of the provincial budget officer shall be mandatory.
(b) The provincial budget officer shall take charge of the budget office, and shall:
(1) Prepare forms, orders and circulars embodying instructions on budgetary and appropriation matters
for the signature of the provincial governor;

59

(2) Review and consolidate the budget proposals of different departments and offices of the province;
(3) Assist the provincial governor in the preparation of the budget and during the budget hearings;
(4) Study and evaluate budgetary implications of proposed legislation and submit comments and
recommendations thereon;
(5) Submit periodic budgetary reports to the Department of Budget and Management (DBM);
(6) Coordinate with the provincial treasurer, the provincial accountant and the provincial planning and
development coordinator for the purpose of budgeting;
(7) Assist the sangguniang panlalawigan in reviewing the approved budgets of the component cities and
municipalities; and
(8) Coordinate with the provincial planning and development coordinator in the formulation of the
provincial development plan.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
(d) The appropriations for personal services of the budget officer shall be provided for in full in the annual budget
of the provincial government.
Section 28. The Provincial Planning and Development Coordinator. (a) No person shall be appointed provincial
planning and development coordinator unless he or she is a citizen of the Philippines; a resident of the province;
of good moral character; a holder of a college degree preferably in urban planning, development studies,
economics, public administration or in any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He or she must have acquired experience in development planning or
in any related field for at least five (5) years.
The appointment of a provincial planning and development coordinator shall be mandatory to the provincial
government.
(b) The provincial planning and development coordinator shall take charge of the planning and development
office, and shall:
(1) Formulate integrated economic, social, physical and other development plans and policies for
consideration of the local government development council;
(2) Conduct continuing studies, researches and training programs necessary to evolve plans and
programs for implementation;
(3) Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups
and agencies;
(4) Monitor and evaluate the implementation of the different development programs, projects and
activities in the province in accordance with the approved development plan;
(5) Prepare comprehensive plans and other development planning documents for the consideration of the
provincial development council;
(6) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies
for the consideration of the finance committee of the province as provided under Title V, Book II of the
Local Governemnt Code of 1991, as amended;
(7) Promote peoples participation in development planning within the province; and
(8) Exercise supervision and control over the secretariat of the provincial development council.
(c) Exercise such other powers and perform such other functions and duties as may be prescribed by law or
ordinance.

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Section 29. The Provincial Engineer. (a) No person shall be appointed provincial engineer unless he or she is a
citizen of the Philippines, a resident of the province, of good moral character and a licensed civil engineer. He or
she must have acquired experience in the practice of his or her profession for at least five (5) years.
The appointment of the provincial engineer shall be mandatory.
(b) The provincial engineer shall take charge of the engineering office, and shall:
(1) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques,
procedures and practices in infrastructure development and public works in general of the province;
(2) Advise the provincial governor on infrastructure, public works and other engineering matters;
(3) Administer, coordinate, supervise and control the construction, maintenance, improvement and repair
of roads, bridges and other engineering and public works projects of the province;
(4) Provide engineering services to the province, including investigations and surveys, engineering
designs, feasibility studies and project management; and
(5) Exercise technical supervision over all engineering offices of the component cities and municipalities.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 30. The Provincial Health Officer. (a) No person shall be appointed provincial health officer unless he
or she is a citizen of the Philippines, a resident of the province, of good moral character and a licensed medical
practitioner. He or she must have acquired experience in the practice of his or her profession for at least five (5)
years.
The appointment of a provincial health officer shall be mandatory.
(b) The provincial health officer shall take charge of the office on health services, and shall:
(1) Supervise the personnel and staff of the said office, formulate program implementation guidelines and
rules and regulations for the operation of the said office for the approval of the provincial governor in order
to assist him or her in the efficient, effective and economical implementation of health services program
geared to the implementation of health-related projects and activities;
(2) Formulate measures for the consideration of the sangguniang panlalawigan and provide technical
assistance and support to the provincial governor in carrying out activities to ensure the delivery of basic
services and the provision of adequate facilities relative to health services provided for under Section 17
of the Local Government Code of 1991, as amended;
(3) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with health programs and projects which the provincial
governor is empowered to implement and which the sanggunian is empowered to provide for under the
Local Government Code of 1991, as amended;
(4) In addition to the foregoing duties and functions, the provincial health officer shall:
(i) Formulate and implement policies, plans, programs and projects to promote the health of the
people of the province;
(ii) Advise the provincial governor and the sanggunian on matters pertaining to health;
(iii) Execute and enforce all laws, ordinances and regulations relating to public health;
(iv) Recommend to the sanggunian, through the provincial health board, the passage of such
ordinances as he or she may deem necessary for the preservation of public health;
(v) Recommend the prosecution of any violation of sanitary laws, ordinances and regulations;

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(vi) Direct the sanitary inspection of all business establishments selling food items or providing
accommodations, such as hotels, motels, lodging houses, pension houses and the like, in
accordance with the Sanitation Code of the Philippines;
(vii) Conduct health information campaigns and render health intelligence services;
(viii) Coordinate with other government agencies and nongovernmental organizations involved in
the promotion and delivery of health services; and
(ix) Exercise general supervision over health offices of component cities and municipalities; and
(5) Be in the frontline of the delivery of health services, particularly during and in the aftermath of manmade and natural disasters or calamities.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 31. The Provincial Administrator. (a) No person shall be appointed provincial administrator unless he or
she is a citizen of the Philippines; a resident of the province; of good moral character; a holder of a college
degree preferably in public administration, law or any related course from a recognized college or university; and
a first grade civil service eligible or its equivalent. He or she must have acquired experience in management and
administration work for at least five (5) years.
The term of the provincial administrator is coterminous with that of his or her appointing authority.
The appointment of the provincial administrator shall be mandatory.
(b) The provincial administrator shall take charge of the office of the administrator, and shall:
(1) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the management and administration-related programs and
projects which the provincial governor is empowered to implement and which the sanggunian is
empowered to provide for under the Local Government Code of 1991, as amended;
(2) In addition to the foregoing duties and functions, the provincial administrator shall:
(i) Assist in the coordination of the work of all the officials of the province under the supervision,
direction and control of the provincial governor and, for this purpose, he or she may convene the
chiefs of offices and other officials of the province;
(ii) Establish and maintain a sound personnel program for the province designed to promote
career development and uphold the merit principle in the province; and
(iii) Conduct a continuing organizational development of the province with the end in view of
instituting effective administrative reforms;
(3) Be in the frontline of the delivery of administrative support services, particularly those related to the
situations during and in the aftermath of man-made and natural disasters and calamities;
(4) Recommend to the sanggunian and advise the provincial governor on all other matters relative to the
management and administration of the province; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.
Section 32. The Provincial Legal Officer. (a) No person shall be appointed provincial legal officer unless he or
she is a citizen of the Philippines, a resident of the province, of good moral character and a member of the
Philippine Bar. He or she must have practiced his or her profession for at least five (5) years.
The term of the provincial legal officer shall be coterminous with that of his or her appointing authority.
The appointment of the provincial legal officer shall be mandatory.

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(b) The provincial legal officer, the chief legal counsel of the province, shall take charge of the office for legal
services, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide legal assistance and support
to the provincial governor in carrying out the delivery of basic services and the provisions of adequate
facilities as provided for under Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the programs and projects related to legal services which
the provincial governor is empowered to implement and which the sanggunian is empowered to provide
for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the provincial legal officer shall:
(i) Represent the province in all civil actions and special proceedings wherein the province or any
official thereof, in his or her official capacity, is a party: Provided, That actions or proceedings
where a component city or municipality is a party adverse to the provincial government or to
another component city or municipality, a special legal officer may be employed to represent the
adverse party;
(ii) When required by the provincial governor or the sanggunian, draft ordinances, contracts,
bonds, leases and other instruments, involving any interest of the province and provide comments
and recommendations on any instrument already drawn;
(iii) Render his or her opinion in writing on any question of law when requested to do so by the
provincial governor or the sanggunian;
(iv) Investigate or cause to be investigated any provincial official or employee for administrative
neglect or misconduct in office and recommend appropriate action to the provincial governor, or
the sangguniang panlalawigan;
(v) Investigate or cause to be investigated any person, firm or corporation holding any franchise or
exercising any public privilege for failure to comply with any term or condition in the grant of such
franchise or privilege, and recommend appropriate action to the provincial governor or the
sanggunian;
(vi) When directed by the provincial governor or the sanggunian, initiate and prosecute, in the
interest of the province, any civil action on any bond, lease or other contract upon any breach or
violation thereof; and
(vii) Review and submit recommendations on ordinances approved and executive orders issued
by the component cities and municipalities;
(4) Recommend measures to the sangguniang panlalawigan and advise the provincial governor on all
other matters related to the upholding of the rule of law; and
(5) Be in the frontline of protecting human rights and prosecuting any violation thereof, particularly those
which occur during and in the aftermath of man-made or natural disasters and calamities.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 33. The Provincial Agriculturist. (a) No person shall be appointed provincial agriculturist unless he or
she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a college
degree in agriculture or in any related course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He or she must have practiced his or her profession in agriculture or acquired
experience in a related field for at least five (5) years.
The appointment of the provincial agriculturist shall be mandatory.
(b) The provincial agriculturist shall take charge of the office for agricultural services, and shall:

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(1) Formulate measures for the approval of the sanggunian and provide technical assistance and support
to the provincial governor in carrying out said measures to ensure the delivery of basic services and the
provision of adequate facilities relative to agricultural services as provided for under Section 17 of the
Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the agricultural programs and projects which the provincial
governor is empowered to implement and which the sanggunian is empowered to provide for under the
Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the provincial agriculturist shall:
(i) Ensure that maximum assistance and access to resources in the production, processing and
marketing of agricultural and aquacultural and marine products are extended to farmers,
fishermen and local entrepreneurs;
(ii) Conduct or cause to be conducted location-specific agricultural researches and assist in
making available the appropriate technology arising out of and disseminating information on basic
research on crops, preventive control of plant diseases and pests, and other agricultural matters
which will maximize productivity;
(iii) Assist the provincial governor in the establishment and extension services of demonstration
farms on aquaculture and marine products;
(iv) Enforce rules and regulations relating to agriculture and aquaculture; and
(v) Coordinate with government agencies and nongovernmental organizations which promote
agricultural productivity through appropriate technology compatible with environmental integrity;
(4) Be in the frontline of delivery of basic agricultural services, particularly those needed for the survival of
the inhabitants during and in the aftermath of man-made and natural disasters or calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all matters related to agriculture
and aquaculture which will improve the livelihood and living conditions of the inhabitants.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 34. The Provincial Social Welfare and Development Officer. (a) No person shall be appointed
provincial social welfare and development officer unless he or she is a citizen of the Philippines, a resident of the
province, of good moral character, a duly licensed social worker, or a holder of a college degree preferably in
sociology or in any related course from a recognized college or university, and a first grade civil service eligible or
its equivalent. He or she must have acquired experience in the practice of social work for at least five (5) years.
The appointment of a provincial social welfare and development officer shall be mandatory.
(b) The provincial social welfare and development officer shall take charge of the office on social welfare and
development services, and shall:
(1) Formulate measures for the approval of the sanggunian and provide technical assistance and support
to the provincial governor in carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to social welfare and development services as provided for under
Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the social welfare programs and projects which the
provincial governor is empowered to implement and which the sanggunian is empowered to provide for
under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties, the provincial social welfare and development officer shall:

64

(i) Identify the basic needs of the needy, the disadvantaged and the impoverished and develop
and implement appropriate measures to alleviate their problems and improve their living
conditions;
(ii) Provide relief and appropriate crisis intervention for victims of abuse and exploitation and
recommend appropriate measures to deter further abuse and exploitation;
(iii) Assist the provincial governor in implementing the barangay level program for the total
development and protection of children up to six (6) years of age;
(iv) Facilitate the implementation of welfare programs for the disabled, the elderly and victims of
drug addiction, the rehabilitation of prisoners and parolees, the prevention of juvenile delinquency
and such other activities which would eliminate or minimize the ill-effects of poverty;
(v) Initiate and support welfare programs that will enhance the role of the youth in nation-building;
and
(vi) Coordinate with government agencies and nongovernmental organizations which have for
their purpose the promotion and the protection of all the needy, disadvantaged, underprivileged or
impoverished groups or individuals, particularly those identified to be vulnerable and high-risk to
exploitation, abuse and neglect;
(4) Be in the frontline of service delivery, particularly those which have to do with the immediate relief and
assistance during and in the aftermath of man-made and natural disasters or calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all other matters related to
social welfare and development service which will improve the livelihood and living conditions of the
inhabitants.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 35. The Provincial Environment and Natural Resources Officer. (a) No person shall be appointed
provincial environment and natural resources officer unless he or she is a citizen of the Philippines, a resident of
the province, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture
or any related course from a recognized college or university, and a first grade civil service eligible or its
equivalent. He or she must have acquired experience in environmental and natural resources management,
conservation and utilization for at least five (5) years.
The appointment of a provincial environment and natural resources officer shall be optional.
(b) The provincial environment and natural resources officer shall take charge of the office on environment and
natural resources, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities relative to environment and natural resources services as provided for
under Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the environment and natural resources programs and
projects which the provincial governor is empowered to implement and which the sanggunian is
empowered to provide for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the environment and natural resources officer shall:
(i) Establish, maintain, protect and preserve communal forests, watersheds, tree parks,
mangroves, greenbelts, commercial forests and similar forest projects like industrial tree farms
and agro-forestry projects;
(ii) Provide extension services to beneficiaries of forest development projects and technical,
financial and infrastructure assistance;

65

(iii) Manage and maintain seed banks and produce seedlings for forests and tree parks;
(iv) Provide extension services to beneficiaries of forest development projects and render
assistance for natural resources-related conservation and utilization activities consistent with
ecological balance;
(v) Promote small-scale mining and utilization of mineral resources, particularly the mining of gold;
and
(vi) Coordinate with government agencies and nongovernmental organizations in the
implementation of measures to prevent and control land, air and water pollution with the
assistance of the Department of Environment and Natural Resources (DENR);
(4) Be in the frontline of the delivery of services concerning the environment and natural resources,
particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made
and natural disasters or calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all matters relative to the
protection, conservation, maximum utilization, application of appropriate technology and other matters
related to the environment and natural resources.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 36. The Provincial Veterinarian. (a) No person shall be appointed provincial veterinarian unless he or
she is a citizen of the Philippines, a resident of the province, of good moral character and a licensed doctor of
veterinary medicine. He or she must have practiced his or her profession for at least three (3) years.
The appointment of a provincial veterinarian shall be mandatory.
(b) The provincial veterinarian shall take charge of the office for veterinary services, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities pursuant to Section 17 of the Local Government Code of 1991, as
amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the veterinary-related activities which the provincial
governor is empowered to implement and which the sanggunian is empowered to provide for under the
Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the provincial veterinarian shall:
(i) Advise the provincial governor on all matters pertaining to the slaughter of animals for human
consumption and the regulation of slaughterhouses;
(ii) Regulate the keeping of domestic animals;
(iii) Regulate and inspect poultry, milk and dairy products for public consumption;
(iv) Enforce all laws and regulations for the prevention of cruelty to animals; and
(v) Take the necessary measures to eradicate, prevent or cure all forms of animal diseases;
(4) Be in the frontline of veterinary-related activities, such as in the outbreak of highly contagious and
deadly diseases and in situations resulting in the depletion of animals for work and for human
consumption, particularly those arising from and in the aftermath of man-made and natural disasters or
calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all other matters relative to
veterinary services which will increase the number and improve the quality of livestock, poultry and other
domestic animals used for work or for human consumption.

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(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 37. The Provincial General Services Officer. (a) No person shall be appointed provincial general
services officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character,
a holder of a college degree in public administration, business administration and management from a recognized
college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired
experience in general services, including the management of supply, property, solid waste disposal and general
sanitation for at least five (5) years.
The appointment of a provincial general services officer shall be mandatory.
(b) The provincial general services officer shall take charge of the office of general services, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities pursuant to Section 17 of the Local Government Code of 1991, as
amended, and which require general services expertise and technical support services;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with general services supportive to the welfare of the
inhabitants which the provincial governor is empowered to implement and which the sanggunian is
empowered to provide for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the provincial general services officer shall:
(i) Take custody of and be accountable for all properties, real or personal, owned by the provincial
government and those granted to it in the form of donation, reparation, assistance and counterpart
of joint projects;
(ii) With the approval of the provincial governor, assign building or land space to provincial officials
or other public officials who, by law, are entitled to such space;
(iii) Recommend to the provincial governor, the reasonable rental rates for local government
properties whether real or personal which will be leased to public or private entities by the
provincial government;
(iv) Recommend to the provincial governor, the reasonable rental rates of private properties which
may be leased for the official use of the provincial government;
(v) Maintain and supervise janitorial, security, landscaping and other related services on all local
government public buildings and other real property, whether owned or leased by the provincial
government;
(vi) Collate and disseminate information regarding prices, shipping and other costs of supplies
and other items commonly used by the provincial government;
(vii) Perform archival and record management with respect to records of offices and departments
of the province; and
(viii) Perform all other functions pertaining to supply and property management heretofore
performed by the local government treasurer and to enforce policies on records creation,
maintenance and disposal;
(4) Be in the frontline of general services-related activities, such as the possible or imminent destruction
or damage to records, supplies, properties and structures and the orderly and sanitary clearing up of
waste materials or debris, particularly during and in the aftermath of man-made and natural disasters or
calamities; and
(5) Recommend to the sanggunian and advise the provincial governor on all matters relative to general
services.

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(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 38. The Provincial Cooperatives Officer. (a) No person shall be appointed provincial cooperatives
officer unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder
of a college degree preferably in business administration course with special training in cooperatives or any
related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He
or she must have acquired experience in cooperatives organization and management for at least five (5) years.
The appointment of a provincial cooperatives officer shall be optional.
(b) The provincial cooperatives officer shall take charge of the office for the development of cooperatives, and
shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities through the development of cooperatives, and in providing access to
such services and facilities;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the integration of cooperatives principles and methods in
programs which the provincial governor is empowered to implement and which the sanggunian is
empowered to provide for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the provincial cooperatives officer shall:
(i) Assist in the organization of cooperatives;
(ii) Provide technical and the forms of assistance to existing cooperatives to enhance their viability
as an economic enterprise and social organization; and
(iii) Assist cooperatives in establishing linkages with government agencies and nongovernmental
organizations involved in the promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities;
(4) Be in the frontline of cooperatives organization, rehabilitation or viability enhancement, particularly
during and in the aftermath of man-made and natural disasters or calamities, to aid in their survival and, if
necessary, subsequent rehabilitation; and
(5) Recommend to the sanggunian and advise the provincial governor on all other matters relative to
cooperatives development and viability enhancement which will improve the livelihood and the quality of
life of the inhabitants.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 39. The Provincial Architect. (a) No person shall be appointed provincial architect unless he or she is a
citizen of the Philippines, a resident of the province, of good moral character and a duly licensed architect. He or
she must have practiced his or her profession for at least five (5) years.
The appointment of a provincial architect shall be optional.
(b) The provincial architect shall take charge of the office on architectural planning and design, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities relative to architectural planning and design as provided for under
Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with architectural planning and design programs and projects
which the provincial governor is empowered to implement and which the sanggunian is empowered to
provide for under the Local Government Code of 1991, as amended;

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(3) In addition to the foregoing duties and functions, the provincial architect shall:
(i) Prepare and recommend for consideration of the sanggunian the architectural plan and design
for the province or a part thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land and the appropriate planning of marine and foreshore
areas;
(ii) Review and recommend for appropriate action of the sanggunian and the provincial governor,
the architectural plan and design submitted by governmental and nongovernmental entities or
individuals, particularly those for undeveloped, underdeveloped and poorly-designed areas; and
(iii) Coordinate with government agencies and nongovernmental entities and individuals involved
in the aesthetics and the maximum utilization of the land and water within the jurisdiction of the
province, compatible with environmental integrity and ecological balance;
(4) Be in the frontline of the delivery of basic services involving architectural planning and design,
particularly those related to the redesigning of spatial distribution of basic facilities and physical structures
during and in the aftermath of man-made and natural calamities or disasters; and
(5) Recommend to the sanggunian and advise the provincial governor on all other matters related to the
architectural planning and design as it relates to the total socioeconomic development of the province.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 40. The Provincial Population Officer. (a) No person shall be appointed provincial population officer
unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a
college degree with specialized training in population development from a recognized college or university, and a
first grade civil service eligible or its equivalent. He or she must have experience in the implementation of
programs on population development or responsible parenthood for at least five (5) years.
The appointment of a provincial population officer shall be optional.
(b) The provincial population officer shall take charge of the office on population development, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities relative to the integration of the population development principles and
in providing access to said services and facilities;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with the integration of population development principles and
methods in programs and projects which the provincial governor is empowered to implement and which
the sanggunian is empowered to provide for under the Local Government Code of 1991, as amended;
and
(3) In addition to the foregoing duties and functions, the provincial population officer shall:
(i) Assist the provincial governor in the implementation of the constitutional provisions relative to
population development and the promotion of responsible parenthood;
(ii) Establish and maintain an updated data bank for program operations, development planning
and an educational program to ensure the peoples participation in and undertaking of population
development; and
(iii) Implement appropriate training programs responsive to the cultural heritage of the inhabitants.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
Section 41. The Provincial Information Officer. (a) No person shall be appointed provincial information officer
unless he or she is a citizen of the Philippines, a resident of the province, of good moral character, a holder of a
college degree preferably in journalism, mass communication or any related course from a recognized college or

69

university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in
writing articles and research papers, or in writing for print, television or broadcast media for at least three (3)
years.
The term of the provincial information officer is coterminous with that of his or her appointing authority.
The appointment of a provincial information officer shall be optional.
(b) The provincial information officer shall take charge of the office on public information, and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the provincial governor in providing the information and research data required for the delivery
of basic services and the provision of adequate facilities so that the public becomes aware of the said
service and may fully avail of the same;
(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the
same, particularly those which have to do with public information and research data to support the
programs and projects which the provincial governor is empowered to implement and which the
sanggunian is empowered to provide for under the Local Government Code of 1991, as amended;
(3) In addition to the foregoing duties and functions, the information officer shall:
(i) Provide relevant, adequate and timely information to the provincial government and its
residents;
(ii) Maintain effective liaison with the various sectors of the community on matters and issues that
affect the livelihood and the quality of life of the inhabitants and encourage support for programs
of the local and national government; and
(iii) Furnish information and data on the province to government agencies or offices as may be
required by law or ordinance and nongovernmental organizations to be furnished to said agencies
and organizations;
(4) Be in the frontline of providing information during and in the aftermath of man-made and natural
disasters or calamities, with special attention to the victims thereof, to help minimize injuries and
casualties during and after emergency, and accelerate relief and rehabilitation; and
(5) Recommend to the sanggunian and advise the provincial governor on all other matters relative to
public information and research data as it relates to the total socioeconomic development of the province.
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.
ARTICLE VIII
THE PROVINCIAL FIRE STATION, THE PROVINCIAL
JAIL, THE PROVINCIAL SCHOOLS DIVISION AND
THE PROVINCIAL PROSECUTION SERVICE
Section 42. The Provincial Fire Station Service. (a) There shall be established in the province at least five (5)
fire stations with adequate personnel, firefighting facilities and equipment by the DILG, within two (2) months
upon the commencement of the corporate existence of the new province. The provincial government shall provide
the necessary land or site of the provincial fire stations.
(b) The provincial fire station service shall be headed by a provincial fire marshal whose qualifications shall be as
those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004.
(c) The provincial fire stations shall be responsible for the protection of various emergency services such as the
rescue and evacuation of injured people at fire-related incidents and, in general, fire prevention and suppression
measures to secure the safety of life and property of the citizenry.
Section 43. The Provincial Jail Service. (a) There shall be established and maintained in the province, within
two (2) months upon the commencement of the corporate existence of the new province by the DILG, a secured,

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clean, adequately equipped and sanitary jail facility for the custody and safekeeping of prisoners, any fugitive
from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or
violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper
medical health officer, pending the transfer to a mental institution.
(b) The provincial jail service shall be headed by a provincial jail warden whose qualifications shall be as those
provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004. He or she shall assist in the
immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human
rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and
promptly attended to.
Section 44. The Provincial Schools Division. (a) The DepED shall, within two (2) months upon the
commencement of the corporate existence of the province herein created, establish and maintain a separate
schools division in the province whose jurisdiction shall cover all the municipalities of the new province.
(b) The provincial schools division shall be headed by a division superintendent who must possess the necessary
qualifications required by the DepED.
Section 45. The Provincial Prosecution Service. (a) There shall be established and maintained a prosecution
service by the Department of Justice (DOJ), within two (2) months upon the commencement of the corporate
existence of the province herein created, who shall be headed by a provincial prosecutor and such number of
assistant prosecutors as may be necessary, who shall be organizationally part of the DOJ, and under the
supervision and control, of the Secretary of the DOJ, and whose qualifications, manner of appointment, rank,
salary and benefits shall be governed by existing laws covering prosecutors in the DOJ.
(b) The provincial prosecutor shall handle the criminal prosecution in the municipal trial courts in the province as
well as in the regional trial courts for criminal cases originating in the territory of the new province and shall render
to and for the province such other services as are required by law or regulation of the DOJ.
ARTICLE IX
TRANSITORY AND FINAL, PROVISIONS
Section 46. Plebiscite. The Province of Davao Occidental shall be created, as provided for in this Charter, upon
approval by the majority of the votes cast by the voters of the affected areas in a plebiscite to be conducted and
supervised by the Commission on Elections (COMELEC) within sixty (60) days from the date of the effectivity of
this Charter.
The amount, necessary for the conduct of the plebiscite shall be borne by the COMELEC.
Section 47. Commencement of Corporate Existence. The Province of Davao Occidental shall commence
corporate existence upon the election and qualification of the provincial governor, provincial vice governor and
majority of the members of the sangguniang panlalawigan.
Section 48. Officials of the Province of Davao Occidental. The first set of elective officials of the Province of
Davao Occidental shall be elected in the next national and local elections following the effectivity of this Charter.
All elective and nonelective provincial and local government officials and employees of the present Province of
Davao del Sur shall continue to serve their term of office, perform their duties and functions in the province, until
the commencement of the corporate existence of the new province, as provided for in the immediately preceding
section of this Act.
Section 49. Organization of the Provincial Government. All provincial appointive positions in the Province of
Davao Occidental shall be filled within sixty (60) days upon commencement of its corporate existence. This shall
be done without prejudice to the officials and employees of the present Province of Davao del Sur who may wish
to serve in the Province of Davao Occidental.
Section 50. Suspension of Increase in the Rates of Local Taxes. No increase in the rates of local taxes shall be
imposed by the new province within the period of five (5) years from its acquisition of corporate existence.
Section 51. Present Provincial Properties. Upon the effectivity of this Act, the ownership of real properties and
infrastructure projects of each LGU situated in the present Province of Davao del Sur shall belong to the province
where it is situated.

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Section 52. Applicability of Laws. The provisions of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, as amended, and other laws as are applicable to provinces shall govern the herein
created province insofar as they are not inconsistent with the provisions of this Act.
Section 53. Separability Clause. If any part of this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Section 54. Effectivity. This Act shall take effect fifteen (15) days upon its publication in at least two (2)
newspapers of general and local circulation.
Approved,

(Sgd.) JUAN PONCE ENRILE

President of the Senate

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives
and the Senate on November 28, 2012 and December 5, 2012, respectively.

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives

Approved: JAN 14 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

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Republic of the Philippines

Congress of the Philippines
Metro Manila
Ninth Congress

Republic Act No. 7610

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be the policy of the State to
provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person
having care and custody of the same.
1awphi1@alf

It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have no
control.
The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of
the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

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(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.

1awphi1

ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program to be formulated, by the
Department of Justice and the Department of Social Welfare and Development in coordination with other
government agencies and private sector concerned, within one (1) year from the effectivity of this Act, to protect
children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent
shows; other acts of abuse; and circumstances which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements
or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;

74

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years
of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is
receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children including, but
not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum
period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under Section
7 of this Act:
1awphi1@alf

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be
imposed upon the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model

75

in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty
of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be
imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or
allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other
acts covered by this section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related within the fourth
degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in
its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed
shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and
the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows
any person to take along with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000),
and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white
slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve
(12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social
Welfare and Development.

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ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and
Indecent Shows, and Other Acts of Abuse. All establishments and enterprises which promote or facilitate
child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other
acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to
the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or
special laws. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by
prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended.
An enterprise such as a sauna, travel agency, or recruitment agency which: promotes the aforementioned acts as
part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults
of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits
children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized
herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where
only members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or
secondary education; or
(2) When a child's employment or participation in public & entertainment or information through cinema,
theater, radio or television is essential: Provided, The employment contract concluded by the child's
parent or guardian, with the express agreement of the child concerned, if possible, and the approval of
the Department of Labor and Employment: Provided, That the following requirements in all instances are
strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure
observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective
implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of Education, Culture and Sports
shall promulgate a course design under its non-formal education program aimed at promoting the intellectual,
moral and vocational efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective under given
circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. No person shall
employ child models in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.

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Section 15. Duty of Employer. Every employer shall comply with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article shall suffer the penalty of a fine
of not less than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment
of not less than three (3) months but not more than three (3) years, or both at the discretion of the court;
Provided, That, in case of repeated violations of the provisions of this Article, the offender's license to operate
shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights guaranteed to children under this
Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival
and development consistent with the customs and traditions of their respective communities.
Section 18. System of and Access to Education. The Department of Education, Culture and Sports shall
develop and institute an alternative system of education for children of indigenous cultural communities which
culture-specific and relevant to the needs of and the existing situation in their communities. The Department of
Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational
programs conducted by non-government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health and nutrition to children of
indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and
other health institution shall ensure that children of indigenous cultural communities are given equal attention. In
the provision of health and nutrition services to children of indigenous cultural communities, indigenous health
practices shall be respected and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall not be subjected to any and all
forms of discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto
mayor in its maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand
pesos (P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-designated or appointed
representatives shall be involved in planning, decision-making implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous institution shall also be recognized
and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal
of children as zones of peace. To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its
civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides,
couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall
be kept unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding
missions from both government and non-government institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military
purposes such as command posts, barracks, detachments, and supply depots; and

78

(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to
armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be given priority during
evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety
and well-being of children during evacuation operations. Measures shall be taken to ensure that children
evacuated are accompanied by persons responsible for their safety and well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of the same family shall be
housed in the same premises and given separate accommodation from other evacuees and provided with
facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children
shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be
given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. Any child who has been
arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the
following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of
Social Welfare and Development or any responsible member of the community as determined by the
court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the
acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable
against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare and
Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to
such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of the
barangay affected by the armed conflict shall submit the names of children residing in said barangay to the
municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed
conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the children
as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;

1awphi1@ITC

(d) Officer, social worker or representative of a licensed child-caring institution;

79

(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. The offended party shall be immediately placed under the
protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56,
series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and
Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the public
until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting, producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the
moral degradation and suffering of the offended party.
Lawphi1@alf

Section 30. Special Court Proceedings. Cases involving violations of this Act shall be heard in the chambers
of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election
cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and
forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public
officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion
temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed:
Provided, finally, That if the penalty imposed is prision correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim,
or any immediate member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. Unless otherwise provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and Development, shall promulgate rules and regulations of
the effective implementation of this Act.

80

Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general
circulation.
Section 33. Appropriations. The amount necessary to carry out the provisions of this Act is hereby authorized
to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.
Section 34. Separability Clause. If any provision of this Act is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. All laws, decrees, or rules inconsistent with the provisions of this Acts are
hereby repealed or modified accordingly.
Section 36. Effectivity Clause. This Act shall take effect upon completion of its publication in at least two (2)
national newspapers of general circulation.
Approved: June 17, 1992.

lawphi1

81

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.
Republic Act No. 9231

December 19, 2003

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC
ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to
provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their development including child labor and its worst
forms; provide sanctions for their commission and carry out a program for prevention and deterrence of
and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or person having care and
custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.
"The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian
and where only members of his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal
development: Provided, further, That the parent or legal guardian shall provide the said child with
the prescribed primary and/or secondary education; or
"2) Where a child's employment or participation in public entertainment or information through
cinema, theater, radio, television or other forms of media is essential: Provided, That the
employment contract is concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor and

82

Employment: Provided, further, That the following requirements in all instances are strictly
complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
"(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the duration
and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skills acquisition of the
child.
"In the above-exceptional cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years
of age."
Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as
Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as
amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a
week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening
and six o'clock in the morning of the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of
the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries,
earnings and other income of the working child shall belong to him/her in ownership and shall be set
aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs
of the family: Provided, That not more than twenty percent (20%) of the child's income may be used for
the collective needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the parents, the other parent shall
administer the same. In case both parents are absent or incapacitated, the order of preference on
parental authority as provided for under the Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian of
a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%)
of the earnings of the child whose wages and salaries from work and other income amount to at least two
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting
of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The
child shall have full control over the trust fund upon reaching the age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst
forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices
similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; or

83

"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production
and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely
to be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven
or explosive power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of
balancing, physical strength or contortion, or which requires the manual transport of heavy
loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working
conditions, elements, substances, co-agents or processes involving ionizing, radiation,
fire, flammable substances, noxious components and the like, or to extreme temperatures,
noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of formal
or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a
working child with access to at least primary and secondary education.
"b) To ensure and guarantee the access of the working child to education and training, the Department of
Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course
designs and educational programs; (2) conduct the necessary training for the implementation of the
appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and
materials; and (4) conduct continuing research and development program for the necessary and relevant
alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be
employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."
Section 6. Section 16 of the same Act, is hereby amended to read as follows:
"Sec. 16. Penal Provisions -

84

"a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at
the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act or the employer of the subcontractor
who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the
penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years, or both such fine and imprisonment at the discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in
Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with R.A.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
"e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers,
which include the president, treasurer and secretary of the said corporation who participated in or
knowingly allowed the violation, shall be penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B
and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than
One hundred thousand pesos (P100,000.00), or be required to render community service for not less than
thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion
of the court: Provided, That the maximum length of community service shall be imposed on parents or
legal guardians who have violated the provisions of this Act three (3) times; Provided, further, That in
addition to the community service, the penalty of imprisonment of thirty (30) days but not more than one
(1) year or both at the discretion of the court, shall be imposed on the parents or legal guardians who
have violated the provisions of this Act more than three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due
notice and hearing, order the closure of any business firm or establishment found to have violated any of
the provisions of this Act more than three (3) times. He/she shall likewise order the immediate closure of
such firm or establishment if:
"(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical
injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd
shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and
other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section 16A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a
Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the
needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working
children who are victims of the violations of this Act, and for the programs and projects that will prevent
acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as follows:
"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children
as enumerated herein may be filed by the following:
"(a) Offended party;

85

"(b) Parents or guardians;

"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is residing or
employed; or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as
Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses
punishable under this Act: Provided, That in cities or provinces where there are no family courts yet, the
regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the
penalties prescribed for the offense charged."The preliminary investigation of cases filed under this Act
shall be terminated within a period of thirty (30) days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the corresponding information shall
be filed in court within forty eight (48) hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date
of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from
the date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall
have the right to free legal, medical and psycho-social services to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in coordination with
the Committees on Labor and Employment of both Houses of Congress, shall issue the necessary Implementing
Rules and Regulations (IRR) to effectively implement the provisions of this Act, in consultation with concerned
public and private sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the
validity of the remaining provisions hereof shall remain in full force and effect.
Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,
FRANKLIN DRILON
JOSE DE VENECIA JR.
This Act which is
President of the Senate
Speaker of the House of
of Senate Bill
Representatives
House Bill No.
passed by the
House of Representatives on October 14, 2003 and October 13, 2003, respectively.

OSCAR G. YABES

a consolidation
No. 2155 and
4235 was finally
Senate and the

ROBERTO P. NAZARENO

86

Secretary of Senate

Secretary General
House of Represenatives

Approved: December 19, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand three.
Republic Act No. 9231

December 19, 2003

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING
STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC
ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as follows:
"Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to
provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their development including child labor and its worst
forms; provide sanctions for their commission and carry out a program for prevention and deterrence of
and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or person having care and
custody of the same.
"It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.
"The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative
authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the
welfare of children and enhance their opportunities for a useful and happy life."
Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows:
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian
and where only members of his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal
development: Provided, further, That the parent or legal guardian shall provide the said child with
the prescribed primary and/or secondary education; or
87

"2) Where a child's employment or participation in public entertainment or information through

cinema, theater, radio, television or other forms of media is essential: Provided, That the
employment contract is concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements in all instances are strictly
complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
"(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the duration
and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skills acquisition of the
child.
"In the above-exceptional cases where any such child may be employed, the employer shall first
secure, before engaging such child, a work permit from the Department of Labor and Employment
which shall ensure observance of the above requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years
of age."
Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as
Sections 12-A, 12-B, 12-C, and 12-D to read as follows:
"Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as
amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a
week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening
and six o'clock in the morning of the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of
the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries,
earnings and other income of the working child shall belong to him/her in ownership and shall be set
aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs
of the family: Provided, That not more than twenty percent (20%) of the child's income may be used for
the collective needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall be
administered by both parents. In the absence or incapacity of either of the parents, the other parent shall
administer the same. In case both parents are absent or incapacitated, the order of preference on
parental authority as provided for under the Family Code shall apply.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian of
a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%)
of the earnings of the child whose wages and salaries from work and other income amount to at least two
hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting
of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The
child shall have full control over the trust fund upon reaching the age of majority.
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst
forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following:

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"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices
similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment of children for use in armed conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of
pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities, including the production
and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely
to be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-driven
or explosive power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of
balancing, physical strength or contortion, or which requires the manual transport of heavy
loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous working
conditions, elements, substances, co-agents or processes involving ionizing, radiation,
fire, flammable substances, noxious components and the like, or to extreme temperatures,
noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic products."
Section 4. Section 13 of the same Act is hereby amended to read as follows:
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of formal
or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a
working child with access to at least primary and secondary education.
"b) To ensure and guarantee the access of the working child to education and training, the Department of
Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course
designs and educational programs; (2) conduct the necessary training for the implementation of the
appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and
materials; and (4) conduct continuing research and development program for the necessary and relevant
alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances."
Section 5. Section 14 of the same Act is hereby amended to read as follows:
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be
employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."

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Section 6. Section 16 of the same Act, is hereby amended to read as follows:

"Sec. 16. Penal Provisions "a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be
penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at
the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act or the employer of the subcontractor
who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the
penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years, or both such fine and imprisonment at the discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in
accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in
Persons Act of 2003": Provided, That Such penalty shall be imposed in its maximum period.
"d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with R.A.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That such
penalty shall be imposed in its maximum period.
"e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers,
which include the president, treasurer and secretary of the said corporation who participated in or
knowingly allowed the violation, shall be penalized accordingly as provided for under this Section.
"f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B
and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than
One hundred thousand pesos (P100,000.00), or be required to render community service for not less than
thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion
of the court: Provided, That the maximum length of community service shall be imposed on parents or
legal guardians who have violated the provisions of this Act three (3) times; Provided, further, That in
addition to the community service, the penalty of imprisonment of thirty (30) days but not more than one
(1) year or both at the discretion of the court, shall be imposed on the parents or legal guardians who
have violated the provisions of this Act more than three (3) times.
"g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due
notice and hearing, order the closure of any business firm or establishment found to have violated any of
the provisions of this Act more than three (3) times. He/she shall likewise order the immediate closure of
such firm or establishment if:
"(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical
injury of a child employed in such establishment; or
"(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd
shows.
"h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and
other monetary benefits provided for by law."
Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section 16A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a
Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the
needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working
children who are victims of the violations of this Act, and for the programs and projects that will prevent
acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as follows:

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"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children
as enumerated herein may be filed by the following:
"(a) Offended party;
"(b) Parents or guardians;
"(c) Ascendant or collateral relative within the third degree of consanguinity;
"(d) Officer, social worker or representative of a licensed child-caring institution;
"(e) Officer or social worker of the Department of Social Welfare and Development;
"(f) Barangay chairman of the place where the violation occurred, where the child is residing or
employed; or
"(g) At least three (3) concerned, responsible citizens where the violation occurred."
Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as
Sections 16-A, 16-B and 16-C to read as follows:
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses
punishable under this Act: Provided, That in cities or provinces where there are no family courts yet, the
regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the
penalties prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30)
days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the corresponding information shall
be filed in court within forty eight (48) hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date
of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from
the date of submission of the case.
"Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt from payment of filing fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall
have the right to free legal, medical and psycho-social services to be provided by the State."
Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in coordination with
the Committees on Labor and Employment of both Houses of Congress, shall issue the necessary Implementing
Rules and Regulations (IRR) to effectively implement the provisions of this Act, in consultation with concerned
public and private sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of
general circulation.
Section 11. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the validity of
the remaining provisions hereof shall remain in full force and effect.Section 12. Repealing Clause. - All laws,
decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.Section
13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of
Representatives

Approved,
This Act which is a consolidation of
Senate Bill No. 2155 and House Bill

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No. 4235 was finally passed by the Senate and the House of Representatives on October 14, 2003 and
October 13, 2003, respectively.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: December 19, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two
Republic Act No. 9208

May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND

CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".
Section 2. Declaration of 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.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families. United
Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted
human rights instruments and other international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or knowledge, within or across national borders by means of
threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

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The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in
the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another,
for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is
not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any
of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or,
as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for
the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

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Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide predeparture registration and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or
seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person
held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act,
law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever
necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest
of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the

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trafficked person or of the accused, or any other information tending to establish their identities and such
circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense
under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint
for trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of
the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but
not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty
of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and
a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person,
the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer
who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent
its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any
place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or
manager thereof shall not be allowed to operate similar establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be
barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for
by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or employee shall, upon conviction, be dismissed from
the service and be barred permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:

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(a) First offense - six (6) months of community service as may be determined by the court and a fine of
Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand
pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without the accused being convicted or acquitted
or are unjustifiably stopped for any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they
are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages
shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties
are insufficient, the balance shall be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the
Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to, the
following:
(a) Provision for mandatory services set forth in Section 23 of this Act;
(b) Sponsorship of a national research program on trafficking and establishment of a data collection
system for monitoring and evaluation purposes;
(c) Provision of necessary technical and material support services to appropriate government agencies
and non-government organizations (NGOs);
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the
public, the academe, government, NGOs and international organizations; and
(e) Promotion of information and education campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement
preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies
are hereby mandated to implement the following programs;
(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for
trafficked persons regardless of their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through closer networking with
government agencies in the country and overseas, particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation of the Machine Readable
Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the
incidence of trafficking through the use of fraudulent identification documents.

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It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.
(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked
persons and develop a system for accreditation among NGOs for purposes of establishing centers and
programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance
with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise
monitor, document and report cases of trafficking in persons involving employers and labor recruiters.
(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and
designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also
establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD,
Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and
coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in
coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of
trafficking in persons in both its local and international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration
laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and
departure and shall ensure compliance by the Filipino fiancs/fiances and spouses of foreign nationals
with the guidance and counseling requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake
surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It
shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective
investigation and apprehension of suspected traffickers. It shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective preemployment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.
(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their
areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of
this Act and ensure effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the Migrants Advisory and
Information Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine
Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community based initiatives which address the trafficking in
persons.
In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (Pos), civic organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the act
or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.
Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program
provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate

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protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be
permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders.
Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall have the following
as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National Police;
(f) Chairperson, National Commission on the Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from
among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of the Council, for appointment by the
President for a term of three (3) years.
The members of the Council may designate their permanent representatives who shall have a rank not
lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in
persons;
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member agencies to effectively address the
issues and problems attendant to trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the
law and the various issues and problems attendant to trafficking through the LGUs, concerned agencies,
and NGOs;
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to
the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system for migration established under Republic Act
No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on
cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and
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study on the patterns and scheme of trafficking in persons which shall form the basis for policy
formulation and program direction;
(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of
trafficking in persons;
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in
persons;
(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of
Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.
Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for
the Council.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government agencies shall make available the following services to
trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include information about the victims' rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the trafficked persons shall be adopted and carried out.
Section 24. Other Services for Trafficked Persons. (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the
guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status
in the host country.
(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993,
shall be the operational scheme under which Philippine embassies abroad shall provide protection to
trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.

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Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether
they are documented or undocumented.
If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make
representation with the host government for the extension of appropriate residency permits and protection, as
may be legally permissible in the host country.
Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.
Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to
Congress an annual report of the policies, programs and activities relative to the implementation of this Act.
Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their
programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall
be included in the annual General Appropriations Act.
Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing
rules and regulations within sixty (60) days from the effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. - Nothing
in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right
to travel for purposes not contrary to law as guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions hereof shall not be affected thereby.
Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided,
That this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act".
Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers of general circulation.

Approved,
FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the
Senate and the House of Representatives on May 12, 2003 respectively.
OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: May 26, 2003.

GLORIA MACAPAGAL-ARROYO
President of the Philippines

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Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
Republic Act No. 9994
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS, FURTHER
AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE
THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the
"Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the
Philippines, it is the declared policy of the State to promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living and an improved quality of life. In
the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further declared that the State
shall provide social justice in all phases of national development and that the State values the dignity of every
human person and guarantees full respect for human rights.
"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick,
elderly, disabled, women and children. Article XV, Section 4 of the Constitution Further declares that it is the duty
of the family to take care of its elderly members while the State may design programs of social security for them.
"Consistent with these constitutional principles, this Act shall serve the following objectives:
"(a) To recognize the rights of senior citizens to take their proper place in society and make it a
concern of the family, community, and government;
"(b) To give full support to the improvement of the total well-being of the elderly and their full
participation in society, considering that senior citizens are integral part of Philippine society;
"(c) To motivate and encourage the senior citizens to contribute to nation building;
"(d) To encourage their families and the communities they live with to reaffirm the valued Filipino
tradition of caring for the senior citizens;

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"(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens
to foster their capacity to attain a more meaningful and productive ageing; and
"(f) To recognize the important role of the private sector in the improvement of the welfare of
senior citizens and to actively seek their partnership.
"In accordance with these objectives, this Act shall:
"(1) establish mechanisms whereby the contributions of the senior citizens are maximized;
"(2) adopt measures whereby our senior citizens are assisted and appreciated by the community
as a whole;
"(3) establish a program beneficial to the senior citizens, their families and the rest of the
community they serve: and
"(4) establish community-based health and rehabilitation programs for senior citizens in every
political unit of society."
Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the
Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:
"(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60)
years old;
"(b) Geriatrics refer to the branch of medical science devoted to the study of the biological and
physical changes and the diseases of old age;
"(c) Lodging establishment refers to a building, edifice, structure, apartment or house including
tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing
facilities to transients, tourists or travelers;
"(d) Medical Services refer to hospital services, professional services of physicians and other
health care professionals and diagnostics and laboratory tests that the necessary for the
diagnosis or treatment of an illness or injury;
"(e) Dental services to oral examination, cleaning, permanent and temporary filling, extractions
and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar
or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or
treatment of an illness or injury;
"(f) Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen:
Provided, That where no spouse survives the decedent, this shall be limited to relatives in the
following order of degree of kinship: children, parents, siblings, grandparents, grandchildren,
uncles and aunts;
"(g) Home health care service refers to health or supportive care provided to the senior citizen
patient at home by licensed health care professionals to include, but not limited to, physicians,
nurses, midwives, physical therapist and caregivers; and
"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without
pension or permanent source of income, compensation or financial assistance from his/her
relatives to support his/her basic needs, as determined by the Department of Social Welfare and
development (DSWD) in consultation with the National Coordinating and Monitoring Board."
Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the
"Expanded Senior Citizens Act of 2003", is hereby further amended to read as follows:
"SEC. 4. Privileges for the Senior Citizens. The senior citizens shall be entitled to the following:

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"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax (VAT), if applicable, on
the sale of the following goods and services from all establishments, for the exclusive use and enjoyment or
availment of the senior citizen
"(1) on the purchase of medicines, including the purchase of influenza and pnuemococcal
vaccines, and such other essential medical supplies, accessories and equipment to be
determined by the Department of Health (DOH).
"The DOH shall establish guidelines and mechanism of compulsory rebates in the sharing of
burden of discounts among retailers, manufacturers and distributors, taking into consideration
their respective margins;
"(2) on the professional fees of attending physician/s in all private hospitals, medical facilities,
outpatient clinics and home health care services;
"(3) on the professional fees of licensed professional health providing home health care services
as endorsed by private hospitals or employed through home health care employment agencies;
"(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical
facilities, outpatient clinics, and home health care services, in accordance with the rules and
regulations to be issued by the DOH, in coordination with the Philippine Health Insurance
Corporation (PhilHealth);
"(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys
(PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public railways, including Light
Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine National Railways (PNR);
"(6) in actual transportation fare for domestic air transport services and sea shipping vessels and
the like, based on the actual fare and advanced booking;
"(7) on the utilization of services in hotels and similar lodging establishments, restaurants and
recreation centers;
"(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure
and amusement; and
"(9) on funeral and burial services for the death of senior citizens;
"(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum
wage earners in accordance with Republic Act No. 9504;
"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity
supplied by the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the
name of the senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one
hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided,
furthermore, That the privilege is granted per household regardless of the number of senior citizens residing
therein;
"(d) exemption from training fees for socioeconomic programs;
"(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays,
computerized tomography scans and blood tests, in all government facilities, subject to the guidelines to be
issued by the DOH in coordination with the PhilHealth;
"(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent
senior citizen patients;
"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post tertiary, vocational and
technical education, as well as short-term courses for retooling in both public and private schools through
provision of scholarships, grants, financial aids, subsides and other incentives to qualified senior citizens,
including support for books, learning materials, and uniform allowances, to the extent feasible: Provided, That
senior citizens shall meet minimum admission requirements;

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"(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case
may be, as are enjoyed by those in actual service;
"(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to
ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be
upgraded to be at par with the current scale enjoyed by those in actual service;
"(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on
purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade
and Industry (DTI) and the Department of Agriculture (DA);
"(k) provision of express lanes for senior citizens in all commercial and government establishments; in the
absence thereof, priority shall be given to them; and
"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest
surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in
accordance with the guidelines to be issued by the DSWD.
1avvphi1

"In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative,
may submit as proof of his/her entitled thereto any of the following:
"(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place
where the senior citizen resides: Provided, That the identification card issued by the particular
OSCA shall be honored nationwide;
"(2) the passport of the senior citizen concerned; and
"(3) other documents that establish that the senior citizen is a citizen of the Republic and is at
least sixty (60) years of age as further provided in the implementing rules and regulations.
"In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the
promotional discount or the discount provided herein, whichever is higher.
"The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax
deduction based on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall
be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided,
further, That the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National
Internal Revenue Code (NICR), as amended."
Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 5. Government Assistance. - The government shall provide the following:
"(a) Employment
"Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and
matching services to enable them to be productive members of society. Terms of employment shall conform with
the provisions of the Labor Code, as amended, and other laws, rules and regulations.
"Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to
an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as
salaries and wages to senior citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided,
however, That such employment shall continue for a period of at least six (6) months: Provided, further, That the
annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National
Statistical Coordination Board (NSCB) of the National Economic and Development Authority (NEDA) for that year.
"The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but
not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department of Trade and Industry
(DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood
support for senior citizens.

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"(b) Education
"The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and
the Commission on Higher Education (CHED), in consultation with nongovernmental organizations (NGOs) and
people's organizations (POs) for senior citizens, shall institute programs that will ensure access to formal and
nonformal education.
"(c) Health
"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall institute a
national health program and shall provide an integrated health service for senior citizens. It shall train communitybased health workers among senior citizens and health personnel to specialize in the geriatric care and health
problems of senior citizens.
"The national health program for senior citizens shall, among others, be harmonized with the National Prevention
of Blindness Program of the DOH.
"Throughout the country, there shall be established a "senior citizens' ward" in every government hospital. This
geriatric ward shall be for the exclusive use of senior citizens who are in need of hospital confinement by reason
of their health conditions. However, when urgency of public necessity purposes so require, such geriatric ward
may be used for emergency purposes, after which, such "senior citizens' ward" shall be reverted to its nature as
geriatric ward.
"(d) Social Services
"At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by
the senior citizens center and residential care/group homes that are government-run or non-stock, non-profit
domestic corporation organized and operated primarily for the purpose of promoting the well-being of abandoned,
neglected, unattached, or homeless senior citizens, subject to the guidelines formulated by the DSWD.
"(1) "self and social enhancement services" which provide senior citizens opportunities for
socializing, organizing, creative expression, and self-improvement;
"(2) "after care and follow-up services" for citizens who are discharged from the homes or
institutions for the aged, especially those who have problems of reintegration with family and
community, wherein both the senior citizens and their families are provided with counseling;
"(3) "neighborhood support services" wherein the community or family members provide
caregiving services to their frail, sick, or bedridden senior citizens; and
"(4) "substitute family care " in the form of residential care or group homes for the abandoned,
neglected, unattached or homeless senior citizens and those incapable of self-care.
"(e) Housing
"The national government shall include in its national shelter program the special housing needs of senior
citizens, such as establishment of housing units for the elderly.
"(f) Access to Public Transport
"The Department of Transportation and Communications (DOTC) shall develop a program to assist senior
citizens to fully gain access to public transport facilities.
"(g) Incentive for Foster Care
"The government shall provide incentives to individuals or nongovernmental institution caring for or establishing
homes, residential communities or retirement villages solely for, senior citizens, as follows:
"(1) realty tax holiday for the first five (5) years starting from the first year of operation; and
"(2) priority in the construction or maintenance of provincial or municipal roads leading to the
aforesaid home, residential community or retirement village.

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"(h) Additional Government Assistance

"(1) Social Pension
"Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos
(Php500.00) to augment the daily subsistence and other medical needs of senior citizens, subject
to a review every two (2) years by Congress, in consultation with the DSWD.
"(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered by the national health insurance program of
PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the necessary
funds to ensure the enrollment of their indigent senior citizens in accordance with the pertinent
laws and regulations.
"(3) Social Safety Nets
"Social safety assistance intended to cushion the effects of economics shocks, disasters and calamities shall be
available for senior citizens. The social safety assistance which shall include, but not limited to, food, medicines,
and financial assistance for domicile repair, shall be sourced from the disaster/calamity funds of LGUs where the
senior citizens reside, subject to the guidelimes to be issued by the DSWD."
Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all cities and municipalities
an OSCA to be headed by a senior citizen who shall be appointed by the mayor for a term of three (3) years
without reappointment but without prejudice to an extension if exigency so requires. Said appointee shall be
chosen from a list of three (3) nominees as recommended by a general assembly of senior citizens organizations
in the city or municipality.
"The head of the OSCA shall be appointed to serve the interest of senior citizens and shall not be removed or
replaced except for reasons of death permanent disability or ineffective performance of his duties to the detriment
of fellow senior citizens.
"The head of the OSCA shall be entitled to receive an honorarium of an amount at least equivalent to Salary
Grade 10 to be approved by the LGU concerned.
"The head of the OSCA shall be assisted by the City Social Welfare and Development officer or by the Municipal
Social Welfare and Development Officer, in coordination with the Social Welfare and Development Office.
"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans, activities and programs
for senior citizens. The OSCA shall work together and establish linkages with accredited NGOs Pos and the
barangays in their respective areas.
"The OSCA shall have the following functions:
"(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this
Act;
"(b) To draw up a list of available and required services which can be provided by the senior
citizens;
"(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue
national individual identification cards, free of charge, which shall be valid anywhere in the
country;
"(d) To serve as a general information and liason center for senior citizens;
"(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts
and privileges to senior citizens;
"(f) To report to the mayor, any individual, establishments, business entity, institutions or agency
found violating any provision of this Act; and

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"(g) To assist the senior citizens in filing complaints or charges against any individual,
establishments, business entity, institution, or agency refusing to comply with the privileges under
this Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or
the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court."
Section 7. Section 10 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by this the government or
violates any provision of this Act shall suffer the following penalties:
"(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6)
years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not exceeding One
hundred thousand pesos (Php100,000.00);
"(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than
six (6) years and a fine of not less than One Hundred thousand pesos (Php100,000.00) but not
exceeding Two hundred thousand pesos (Php200,000.00); and
"(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of
not less than six (6) months and a fine of not less than Fifty thousand pesos (Php50,000.00) but
not more than One hundred thousand pesos (Php100,000.00).
"If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly
involved such as the president, general manager, managing partner, or such other officer charged with the
management of the business affairs shall be liable therefor.
"If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
"Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause
the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges
granted to any person, establishment or business entity that fails to abide by the provisions of this Act."
Section 8. Section 11 of the same Act, as amended, is hereby further amended to read as follows:
"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and Monitoring Board shall be
established which shall be composed of the following:
"(a) Chairperson - the Secretary of the DSWD or an authorized representative;
"(b) Vice Chairperson - the Secretary of the Department of the Interior and Local Government
(DILG) or an authorized representative; and
"(c) Members:
"(1) the Secretary of the DOJ or an authorized representative;
"(2) the Secretary of the DOH or an authorized representative;
"(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by the
DSWD and have service primarily for senior citizens. Representatives of NGOs shall
serve a period of tree (3) years.
"The Board may call on other government agencies, NGOs and Pos to serve as resource persons as the need
arises. Resource person have no right to vote in the National Coordinating and Monitoring Board."
Section 9. Implementing Rules and Regulations. - Within sixty (60) days from theeffectivity of this Act, the
Secretary of the DSWD shall formulate and adopt amendments to the existing rules and regulations implementing
Republic Act No. 7432, as amended by Republic Act No. 9257, to carry out the objectives of this Act, in
consultation with the Department of Finance, the Department of Tourism, the Housing and Urban Development
Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the DOTC, the NEDA, the
DepED, the TESDA, the CHED, and five (5) NGOs or POs for the senior citizens duly accredited by the DSWD.

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The guidelines pursuant to Section 4(a)(i) shall be established by the DOH within sixty (60) days upon the
effectivity of this Act.
Section 10. Appropriations. - The Necessary appropriations for the operation and maintenance of the OSCA shall
be appropriated and approved by the LGUs concerned. For national government agencies, the requirements to
implement the provisions of this Act shall be included in their respective budgets: Provided, That the funds to be
used for the national health program and for the vaccination of senior citizens in the first year of the DOH and
thereafter, as a line item under the under the DOH budget in the subsequent General Appropriations Act (GAA):
Provided, further, That the monthly social pension for indigent senior citizens in the first year of implementation
shall be added to the regular appropriations of the DSWD budget in the subsequent GAA.
Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any part hereof inconsistent
herewith are deemed repealed or modified accordingly.
Section 12. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional and invalid,
such 18 declaration shall not invalidate other parts thereof which shall remain in full force and effect.
Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete publication n the Official Gazette
or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved

(Sgd.) PROSPERO C. NOGRALES

Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 3561 and House Bill No. 6390 was finally passed by the
Senate and the House of Representatives on January 27, 2010.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Represenatives

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

The Lawphil Project - Arellano Law Foundation

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO KNOWN AS THE
"EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS AND
PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432 OF 1992 AS
AMENDED BY REPUBLIC ACT NO. 9257 OF 2003
RULE I
TITLE, PURPOSE AND CONSTRUCTION
Article 1. Title. - These Rules shall be known and cited as the Implementing Rules and Regulations of Republic
Act No. 9994, otherwise known as the "Expanded Senior Citizens Act of 2010."

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Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter referred to as the Act), these Rules and
Regulations are promulgated to prescribe the procedures and guidelines for its implementation, in order to
facilitate compliance with the Act and to achieve its objectives.
Article 3. Construction. - These Rules shall be construed and applied in accordance with and in furtherance of
the policies and objectives of the law. In case of conflict or ambiguity, the same shall be construed liberally and in
favor of the senior citizens.
RULE II
DECLARATION OF POLICIES AND OBJECTIVES
Article 4. Declaration of Policies and Objectives. Section 1. As provided in the Constitution of the Philippines:
a) It is the declared policy of the State to promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved quality of
life for all.
b) It is further declared that the State shall promote social justice in all phases of national development
and values the dignity of every human person and guarantees full respect for human rights.
c) In all matters relating to the care, health, and benefits of the elderly, the State shall adopt an integrated
and comprehensive approach to health development which shall endeavor to make essential goods,
health and other social services available to all people at affordable costs giving priority for the needs of
the underprivileged sick, elderly, disabled, women and children.
d) Further, it is declared that though the family has the duty to take care for its elderly members, the State
may also help through just programs of social security.
Section 2. Consonant with these constitutional policies and RA 9994, these Rules shall serve the following
objectives:
a) To recognize the rights of senior citizens to take their proper place in society and make them a concern
of the family, community, and government;
b) To give full support to the improvement of the total well-being of the elderly and their full participation as
an integral part of Philippine society;
c) To motivate and encourage the senior citizens to contribute to nation building;
d) To encourage their families and the communities they live in to reaffirm and apply the valued Filipino
traditions of caring for the senior citizens;
e) To provide a comprehensive health care and rehabilitation system for senior citizens with disability to
foster their capacity to attain a more meaningful and productive ageing; and
f) To recognize the important role of the private and the non-government sector in the improvement of the
welfare of senior citizens and to actively seek their partnership.
Section 3. In conformity with these objectives, these Rules shall:
a) Establish mechanisms whereby the contributions of the senior citizens are maximized;
b) Adopt measures whereby our senior citizens are assisted and appreciated by the community as a
whole;
c) Establish programs beneficial to the senior citizens, their families and the rest of the community that
they serve; and
d) Establish community-based health and rehabilitation programs in every political unit of society.

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RULE III
DEFINITION OF TERMS
Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as follows:
5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen who is a resident of the Philippines, and who
is sixty (60) years old or above. It may apply to senior citizens with "dual citizenship" status provided they prove
their Filipino citizenship and have at least six (6) months residency in the Philippines.
5.2 BENEFACTOR - refers to any person whether related or not to the senior citizen who provides care or who
gives any form of assistance to him/her, and on whom the senior citizen is dependent on for primary care and
material support, as certified by the City or Municipal Social Welfare and Development Officer (C/MSWDO).
5.3 GERIATRICS - refers to the branch of medical science devoted to the study, management and treatment of
the biological and physical changes, and the diseases of old age.
5.4 GERONTOLOGY - is the scientific study of the biological, psychological, and sociological phenomena
associated with old age and ageing and in determining answers about the normal aging process rather than the
diseases of old age. It is also the scientific study of the processes of aging from many disciplines, including social
work, anthropology, biology, history, sociology, psychology, and demography.
5.5 IDENTIFICATION DOCUMENT - refers to any document or proof of being a senior citizen which may be used
for the availment of benefits and privileges under the Act and its Rules. It shall be any of the following:
a) Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in the city or
municipality where the elderly resides;
b) The Philippine passport of the elderly person or senior citizen concerned; and
c) Other valid documents that establish the senior citizen or elderly person as a citizen of the Republic
and at least sixty (60) years of age, which shall include but not be limited to the following governmentissued identification documents indicating an elderly's birthdate or age: driver's license, voters ID,
SSS/GSIS ID, PRC card, postal ID.
5.6 LODGING ESTABLISHMENT - refers to a building, edifice, structure, apartment, or house including tourist
inn, apartelle, motorist hotel, and pension house engaged in catering, leasing, or providing facilities to transients,
tourists, or travelers, duly licensed with business permit and/or franchised by the national government agencies
or the local government units.
5.7 HOTEL/HOSTEL - refers to an establishment whose building, edifice or premises, including a completely
independent part thereof such as cottages, cabanas, or huts, are used for the regular reception, accommodation
or lodging of travelers, tourists, or vacationers, and provides other services incidental thereto for a fee;
5.8 RESTAURANT - refers to any establishment duly licensed and with business permits issued by the local
government units, offering to the public, regular and special meals or menu, fast food, cooked food and short
orders. Such eating-places may also serve coffee, beverages and drinks. This covers Quick-Service Restaurants
or QSRs, Casual Dining and Fine Dining Restaurants as defined below:
a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to restaurants with multiple branches that
have menu boards where food item choices are listed. Customers place their orders with the cashier and
pay right after their orders are taken.
b) CASUAL and FINE DINING RESTAURANTS - are restaurants where customers are seated first
before their food orders are taken by waiters. They are served at their tables and pay only after they have
consumed their meals.
5.9 MEDICINES - refer to prescription and non-prescription/over-the-counter drugs, both generic and branded,
including vitamins and mineral supplements medically prescribed by the elderly's physician, and approved by the
Department of Health (DOH) and the Food and Drug Administration (FDA), which are intended for use in the
diagnosis, cure, mitigation, treatment or prevention of human disease or sickness. It does not include food,
devices or their components, parts, or accessories.

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5.10 MEDICAL SERVICES - refer to public and private hospital services, professional services of physicians and
other health care professionals, and diagnostic and laboratory tests that are requested by a physician as
necessary for the diagnosis and/or treatment of an illness or injury.
5.11 DENTAL SERVICES - refer to oral examination, cleaning, permanent and temporary filling, extractions and
gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium
process of the maxilla and the mandible that are necessary for the diagnosis and/or treatment of a dental illness
or injury.
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic examinations that are necessary for the
diagnosis and/or treatment of an illness and injury, including but not limited to X-ray, CT scans, ECG, 2D Echo,
gastroenterology, blood chemistry exams, histopathology and immunopathology, hematology, urine analysis,
parasitology and bacteriology test, and serology.
5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the office established in cities and
municipalities under the Office of the Mayor headed by a senior citizen.
5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any private entity, which is non-profit and
voluntary in nature dedicated to the promotion, enhancement and support of the welfare of senior citizens, duly
registered with any regulatory body.
For purposes of the Act and its Rules, an ACCREDITED NGO refers to any private non-stock non-profit
organization, regional or national in scope, mainly providing services for senior citizens, duly registered with the
Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), or any appropriate
government regulatory body and registered or licensed with, and with programs accredited by, the Department of
Social Welfare and Development (DSWD).
5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social welfare and development association with a
bonafide membership, an identifiable leadership and an organizational structure that has demonstrated its
capacity to promote the public interest and engage in social welfare and development activities. As part of the
civil society movement, it is composed of a specific population or sector, like the senior citizens, and seeks to
represent the interest of its members.
5.16 SENIOR CITIZENS CENTER - refers to the place established by Republic Act No. 7876 or the Senior
Citizens Center Act, with recreational, educational, health and social programs and facilities designed for the full
enjoyment and benefit of the senior citizens in the city or municipality accredited by the DSWD. It can be any
available structure, a spacious room in a private or public building, a room attached to a community center, a
barangay hall or chapel.
5.17 RETIREMENT VILLAGE - refers to an independent-living facility, often with continuing-care amenities. It
refers to a residential community offering separate or autonomous houses for residents. It is a retirement habitat
with a multi-residence housing facility that is planned, designed and geared towards people who no longer work
and are restricted to a certain age. It has particular conveniences catering to the wishes and desires of retirees,
which may include services such as clubhouses, swimming pools, arts and crafts, boating, walking trails, golf
courses, active adult retail and on-site medical services.
5.18 GROUP HOMES - refer to a community-based alternative living arrangement to institutional care. It can be a
transit home for a definite period for neglected older persons while the necessary services of locating relatives
and care management is ongoing. It envisions responding to the needs of the senior citizens who have been
abandoned, have no families to return to or to whose family reunification is not suitable, and are assessed to be
needing group living experience. The program enables a minimum of 6 and a maximum of 10 clients discharged
from a residential care facility to live together and manage their group living activities with minimal supervision
from the agency social worker.
5.19 FOSTER CARE - refer to a social work intervention which provides for a planned substitute or alternative
family care by a licensed foster family to a neglected, abandoned, unattached and poor older person.
5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides twenty-four (24) hour residential care
services operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached or
homeless senior citizens. The facility may be run by government or non-stock non-profit organization and is
accredited by the DSWD to serve a minimum of 10 clients.
5.21 AFTER CARE SERVICES - refer to the provision of interventions, approaches, and strategies with the end
goal of ensuring effective reintegration of older persons discharged from residential facilities.

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5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and canned fish and other marine products,
fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee,
sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by the DOH and other
commodities as maybe classified by the Department of Trade and Industry (DTI) and the Department of
Agriculture (DA) according to Republic Act No. 7581 or the Price Act.
5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried, processed and canned pork, beef and poultry,
meat, dairy products not falling under basic necessities; noodles, onions, garlic, and all drugs not classified as
essential drugs by the DOH and other commodities that may be classified by the DTI and the DA according to
Republic Act No. 7581 or The Price Act.
5.24 NEAREST SURVIVING RELATIVE - refers to the closest person related to the deceased senior citizen by
blood or affinity, such as the legal spouse who survives the deceased senior citizen: Provided, That where no
spouse survives the decedent, this shall be limited to relatives in the following order of degree of kinship: children,
parents, siblings, grandchildren, uncles and aunts.
5.25 HOME HEALTH CARE SERVICE - refers to health or supportive care provided to the senior citizen patient
at home by TESDA-certified caregivers or licensed health care professionals to include, but not limited to,
physicians, nurses, midwives, and physical therapists.
5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail, sickly, or with disability, and without pension
or regular source of income, compensation or financial assistance from his/her relatives to support his/her basic
needs, as determined by the DSWD in consultation with the National Coordinating and Monitoring Board (NCMB).
RULE IV
PRIVILEGES FOR THE SENIOR CITIZENS
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of benefits and privileges under
the Act and these Rules, the senior citizen, or his/her duly authorized representative, shall present as proof of
eligibility, a valid and original Senior Citizens' Identification Card issued by the Head of the Office of Senior
Citizens Affairs (OSCA) of the place where the senior citizen resides, and which shall be honored nationwide.
Article 7. Twenty Percent (20%) Discount and VAT Exemption - The senior citizens shall be entitled to the grant
of twenty percent (20%) discount and to an exemption from the value-added tax (VAT), IF APPLICABLE, on the
sale of the goods and services covered by Section 1 to 6 of this Article, from all establishments for the exclusive
use and enjoyment or availment of senior citizens.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall come up
with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT exemption within thirty
(30) days from effectivity of these Rules that shall cover among others, new invoicing procedures, reportorial
requirements, and a system for claiming tax deductions.
Section 1. MEDICAL_RELATED PRIVILEGES
(a) MEDICINE AND DRUG PURCHASES - The 20% discount and VAT exemption shall apply to the
purchase of generic or branded medicines and drugs by or for senior citizens, including the purchase of
influenza and pneumococcal vaccines. The 20% discount and VAT exemption shall also be granted to the
purchase of vitamins and mineral supplements which are medically prescribed by an attending physician
for prevention and treatment of diseases, illness, or injury.
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND EQUIPMENT - The 20% discount and VAT
exemption privilege shall also apply to the purchase of eyeglasses, hearing aids, dentures, prosthetics,
artificial bone replacements like steel, walkers, crutches, wheelchairs whether manual or electricpowered, canes/quad canes, geriatric diapers, and other essential medical supplies, accessories and
equipment by or for senior citizens.
The purchase under Sections 1 (a) and (b) from drug stores, hospital pharmacies, medical and optical
clinics and similar establishments including non-traditional outlets dispensing medicines, shall be subject
to guidelines that shall be issued by the DOH within thirty (30) days from effectivity of these Rules, in
coordination with the Food and Drug Administration (FDA) and the Philippine Health Insurance
Corporation (PHILHEALTH). Said guidelines shall also indicate what constitutes discounted essential
medical supplies, accessories and equipment as contemplated by Section 1 (b), and will be subjected to a
regular review as deemed necessary in keeping with the changes, demands and needs of senior citizens.

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The guidelines issued by the DOH, in consultation with the DOF and the BIR, shall also establish
mechanisms of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers
and distributors, taking into consideration their respective margins. When necessary, the DOF and the
BIR shall come up with the appropriate Revenue Regulations for this purpose.
(c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE FACILITIES - Medical and dental services,
diagnostic and laboratory tests such as but not limited to X-Rays, computerized tomography scans, and
blood tests, that are requested by a physician as necessary for the diagnosis and/or treatment of an
illness or injury are subjected to the 20% discount and VAT exemption.
(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all private hospitals, medical facilities,
outpatient clinics and home health care facilities shall be subjected to the 20% discount and VAT
exemption.
(e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS PROVIDING HOME HEALTH CARE
SERVICES as endorsed by private hospitals or employed through home health care employment
agencies are entitled to the 20% discount and VAT exemption. The burden of the discount shall be borne
solely by the employment agency given the health worker's very minimal share compared to the agency
fee.
Section 2. DOMESTIC TRANSPORTATION PRIVILEGES
The Department of Transportation and Communication (DOTC), in coordination with the Maritime Industry
Authority (MARINA), Philippine Ports Authority (PPA), the Civil Aeronautics Board (CAB), Light Rail Transit
Authority (LRTA), Philippine National Railways (PNR), Mass Rail Transit Authority (MRTA) and Land
Transportation Franchising and Regulatory Board (LTFRB), shall within thirty (30) days from effectivity of these
Rules issue the necessary circulars or directives on the following transportation privileges of senior citizens:
(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for domestic air, and sea travel, including \f0
advanced booking, shall be subject to the 20% discount and VAT exemption, if applicable.
(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in the public railways including LRT, MRT,
and PNR, fares in buses (PUB), jeepneys (PUJ), taxi and shuttle services (AUV), are likewise subject to
the 20% discount and VAT exemption, if applicable.
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND PLACES OF LEISURES, AND
FUNERAL SERVICES
The Department of Interior and Local Government (DILG) and Department of Tourism (DOT) shall, within thirty
(30) days from effectivity of these Rules, issue the necessary circulars or directives to establishments for its
implementation to ensure compliance herewith.
(a) HOTELS AND SIMILAR LODGING ESTABLISHMENTS - The discount shall be for room
accommodation and other amenities offered by the establishment such as but not limited to hotel-based
parlors and barbershops, restaurants, massage parlor, spa, sauna bath, aromatherapy rooms, workout
gyms, swimming pools, Jacuzzis, ktv bars, internet facilities, food, drinks and other services offered. The
term "hotel" shall include beach and mountain resorts,
(b) RESTAURANTS - The discount shall be for the purchase of food, drinks, dessert, and other
consumable items served by the establishments offered for the consumption of the general public.
(c) For Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2 of Article
7, the privilege must be personally availed of by the senior citizen as defined under these Rules, and no
proxies or authorization in favor of another person who is not a senior citizen will be honored.
(d) Consistent with the intent of the Act, the phrase "exclusive use and enjoyment" of the senior citizen
shall mean "for the senior citizen's personal consumption" only. As such, the 20% senior citizen discount
shall not apply to "children's meals" which are primarily prepared and intentionally marketed for children.
Similarly, the 20% senior citizen discount shall not apply to "pre-contracted" party packages or bulk
orders.
(e) Food, drinks and other consumable items provided in Section 3 (a) and (b), and Section 4, paragraph
2 of Article 7 purchased by the senior citizen shall be processed separately as an independent transaction
from his/her non-eligible companions to ensure that it is for his/her exclusive consumption and to enable
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computation of the 205 discount and the exemption from the Value Added Tax (VAT), which only the
senior citizen is entitled to.
However, if the group of diners is composed entirely of senior citizens, all of whom present valid senior
citizens IDs, each shall be entitled to a 20% discount and exemption from Value Added Tax.
(f) The 20% discount shall apply to Take-Out/Take-Home/Drive-Thru orders as long as it is the senior
citizen himself/herself who is present and personally ordering, and he/she can show a valid senior citizen
ID card.
(g) For Delivery Orders, the 20% discount shall likewise apply subject to certain conditions; i.e. senior
citizen ID card number must be given while making the order over the telephone; the senior citizen ID
card must also be presented upon delivery to verify the identity of the senior citizen entitled to the 20%
discount.
(h) For the above-mentioned transactions under paragraphs (f) and (g) of Section 3 of Article 7, the Most
Expensive Meal Combination (MEMC) shall apply to food purchases by senior citizens. The MEMC is an
amount corresponding to the combination of the most expensive and biggest single-serving meal with
beverage served in a quick service restaurant, is deemed flexible and is adjusted accordingly by food
establishments to estimate a single food purchase for an individual senior citizen.
Section 4. RECREATION CENTERS - The discount shall be for the utilization of services in the form of fees,
charges and rental for sport facilities or equipment, including golfcart rentals and green fees, or venues for
ballroom dancing, yoga, badminton courts, bowling lanes, table or lawn tennis, workout gyms, martial arts
facilities.
Non-profit, stock golf and country clubs which are not open to the general public, and are private and for
exclusive membership only as duly proven by their official Securities and Exchange (SEC) registration papers,
are not mandated to give the 20% senior citizens discount. However, should restaurants and food establishments
inside these country clubs be independent concessionaires and food sold are not consumable items under club
membership dues, they must grant the 20% senior citizen discount.
Section 5. ADMISSION FEES PRIVILEGE - The discount shall be applied to admission fees charged by
theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and
amusement such as museums and parks.
Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or any person who shall shoulder the funeral
and burial expenses of the deceased senior citizen, shall claim the discount under this Rule for the deceased
senior citizen upon presentation of the death certificate. Such expenses shall cover the purchase of casket or urn,
embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude
obituary publication and the cost of the memorial lot.
Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT exemption shall also apply to purchases of
goods and services by senior citizens paying through credit cards.
Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and services which are on promotional discount,
the senior citizen can avail of the establishment's offered discount or the 20% discount provided herein,
whichever is higher and more favorable.
In cases where the senior citizen is also a person with disability (PWD) entitled to a 20% discount under his/her
valid PWD identification card (ID), the senior citizen shall use either his/her OSCA-issued ID card or PWD ID card
to avail of the 20% discount.
Article 10. TAX DEDUCTION - The establishment may claim the discounts provided herein as tax deductions
based on the cost of the goods sold or services rendered: Provided. That the cost of the discount shall be allowed
as deduction from the gross income for the same taxable year that the discount is granted: Provides, further, That
the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales
receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National
Internal Revenue Code (NIRC), as amended.
For this purpose, the Department of Finance (DOF) through the Bureau of Internal Revenue (BIR) shall come up
with the appropriate Revenue Regulations on the 20% senior citizens discount and VAT exemption within thirty
(30) days from effectivity of these Rules.

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Article 11. OTHER PRIVILEGES

Section 1. INCOME TAX EXEMPTION - The senior citizen shall be entitled to exemption from the payment of the
individual income tax, provided he/she is considered to be minimum wage earner in accordance with Republic Act
No. 9504.
Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen shall be exempted from training fees for
socio-economic programs conducted by private and government agencies subject to the guidelines to be issued
within thirty (30) days from effectivity of these Rules by the DTI, the Department of Labor and Employment
(DOLE), the DA, the Technical Education and Skills Development Authority (TESDA) and the Department of
Science and Technology - Technology Resource Center (DOST-TRC).
Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT FACILITIES - Medical and dental
services, diagnostic and laboratory tests requested by the physician such as but not limited to X-rays,
computerized tomography scans, and blood tests availed of by senior citizens, including professional fees of
attending doctors in all government hospitals, medical facilities, outpatient clinics, and home health care services,
shall be provided free of charge to senior citizens. These shall be in accordance with the rules and regulation to
be issued by the DOH, in coordination with the PHILHEALTH.
Section 4. FREE VACCINATION FOR INDIGENT SENIOR CITIZENS - The DOH shall, subject to technical and
operational guidelines which it shall issue not later than thirty (30) days from effectivity of these Rules, administer
free vaccinations against the influenza virus and pneumococcal disease for indigent senior citizen patients.
Neglected, abandoned, unattached or homeless senior citizens in government-run residential homes, centers and
facilities shall likewise be entitled to free vaccinations under these Rules.
The DOH shall enjoin all government and private hospitals, as well as other health facilities to post, publish or
print out a schedule of health benefits and privileges i.e., laboratory and diagnostic test fees, which should be
regularly updated. These postings and publications shall be clearly identified in the guidelines.
Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall be granted to senior citizens to pursue
post secondary, post tertiary, as well as vocational or technical education in both public and private schools
through provision of scholarships, grants, financial aid, subsidies and other incentives to qualified senior citizens,
including support for books, learning materials, and uniform allowance, to the extent feasible: Provided, that
senior citizens shall meet minimum admission requirements.
Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent practicable and feasible, the senior
citizen shall be granted the continuance of the same benefits and privileges given by the Government Service
Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case may be, as are enjoyed by
those in active service.
Retirement benefits of retirees from both the government and the private sector shall be regularly reviewed every
year to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall
be upgraded to be at par with the current scale enjoyed by those in actual service based on National Economic
and Development Authority (NEDA) poverty threshold per region as determined by the National Statistical
Coordination Board (NSCB).
Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN SPECIAL PROGRAMS - To the extent
possible, the government may grant special discounts in special programs for senior citizens on purchase of
basic necessities and prime commodities, subject to the guidelines to be issued for the purpose by the DTI and
the DA within (30) days from effectivity of these Rules. Provided, That such special programs and their guidelines
shall be developed by the concerned department within the concerned department's jurisdiction.
Section 8. EXPRESS LANES PRIVILEGES - Accessible express lanes for senior citizens shall be provided in all
private, banking, commercial, and government establishments; in the absence thereof, priority shall be given to
them.
Article 12. UTILITY DISCOUNTS
Section 1. Five (5%) Discount - The grant of a minimum of five percent (5%) discount relative to the monthly
utilization of water and electricity by households with senior citizens; Provided, That the individual meters for the
foregoing utilities are registered in the name of the senior citizen residing therein: provided, further, that the
monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters
(30m') of water: Provided, furthermore, that the privilege is granted per household regardless of the number of
senior citizens residing therein.

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To avail of the discount under this Section, the senior citizen shall:
1. Apply for the discount personally or thru a representative. There shall be annual renewal of application
to the utility provider.
2. Submit requirements.
a. Proof of age and citizenship
b. Proof of billing. Meter registration should be in the name of the senior citizen for a period of one
year
c. Proof of residence
Section 2. Fifty (50%) Discount - The grant of a 50% discount an all electricity, water, telephone consumption for
DSWD-accredited senior citizens centers and residential care institutions or group homes that are governmentrun or organized and operated by non-stock, non-profit domestic corporations, primarily for the purpose of
promoting the well-being of abandoned, neglected, unattached or homeless senior citizens.
Such senior citizens centers and residential care or group homes must have been in operation for at least six (6)
months and must have a separate meter for said utilities/services.
Section 3. DSWD shall issue the necessary guidelines within (30) days from effectivity of these Rules for the
accredited senior citizens centers and residential/group homes willing to avail of the utility discount.
The Energy Regulatory Commission (ERC), the Metropolitan Waterworks and Sewerage System (MWSS), the
Local Water Utility Administration (LWUA) and other concerned utility-regulatory agencies shall, within six (6)
months after the effectivity of these Rules, formulate supplemental guidelines to cover recovery rate mechanics
and/or sharing of burden, among other concern of the distribution utilities.
RULE V
GOVERNMENT ASSISTANCE
Article 13. EMPLOYMENT
Section 1. Senior citizens, who have the capacity and desire to work, or to be re-employed, shall be provided by
the DOLE, in coordination with other government agencies including local government units, with information and
matching services to enable them to be productive members of society. Terms of employment shall conform to
the provisions of the Labor Code, as amended, Civil Service Laws and other laws, rules and regulations.
Section 2. Private entities that shall employ senior citizens as employees upon effectivity of the Act, shall be
entitled to an additional deduction from their gross Income, equivalent to fifteen percent (15%) of the total amount
paid as salaries and wages to senior citizens subject to the provision of Section 34 of the National Internal
Revenue Code (NIRC), as amended and the Revenue Regulations to be issued by the BIR and approved by the
DOF; Provided, however, That such employment shall continue for a period of at least six (6) months; Provided,
further, That the net annual income of the senior citizen does not exceed the poverty level for that year as
determined by NEDA thru the NSCB.
Section 3. The DOLE, in coordination with other government agencies, such as, but not limited to, the DOSTTechnology Resource Center (DOST-TRC) and the DTI, shall assess, design and implement training programs
that will provide free of charge to senior citizens the appropriate skills development, livelihood training programs,
and welfare or livelihood support.
Article 14. EDUCATION
The Department of Education (DepEd), the DOST-TRC, the Technical Education and Skills Development
Authority (TESDA), and the Commission on Higher Education (CHED), in consultation with non-governmental
(NGOs) and people's organizations (POs) for senior citizens, shall institute a program that will ensure access of
senior citizens to formal and non-formal education. They are to:
a) Formulate and implement relevant and effective course designs and educational programs;
b) Conduct the necessary training for the implementation of the appropriate curriculum for the purpose;

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c) Ensure the availability of the needed-educational facilities in the form of modular programs and other
distance and alternative learning materials;
d) In coordination with OSCA and the City or Municipal Social Welfare and Development Officer, shall
conduct assessment and profiling of senior citizens who wanted to study; and
e) Conduct continuing research and development program for the necessary and relevant education of
the senior citizens.
Article 15. HEALTH
Section 1. The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens,
shall institute a national health program that shall incorporate the National Prevention of Blindness Program, and
shall also provide an integrated health service for senior citizens.
It shall train community-based health workers including barangay health workers, among senior citizens and
health personnel to specialize in geriatric care, gerontology, and health problems of senior citizens.
Section 2. The National Health Program aims to promote healthy and productive older population through the
following:
a) Establishment and provision of a comprehensive and integrated health service package catering to the
specific needs of the citizens;
b) Human resource development/capacity building of health personnel in relation to the care and health
problems of senior citizens;
c) Health promotion;
d) Conduct of researches and study in geriatric care, gerontology, and health needs of senior citizens;
e) In coordination with the municipal health worker, designate one (1) barangay health worker to attend to
senior citizens' health needs;
f) The barangay, in coordination with local office health office shall designate one day of every month
specifically for medical attention of senior citizens;
g) Establishment of senior citizens' ward in every government hospital and in all levels of hospitals
throughout the country; and
h) Provision of accessible express lanes, or prioritization, in all health facilities.
Section 3. Provide technical assistance in coordination with DSWD, NGOs and other concerned agencies to
local government units in the establishment of community based health rehabilitation programs.
Article 16. SOCIAL SERVICES
The DSWD, in cooperation with the OSCA and the local government units, non-governmental organizations and
people'' organizations for senior citizens, shall develop and implement programs and social services for senior
citizens. Local government units shall ensure that the developed programs and social services are provided. The
components of these programs are:
a) Self and social enhancement services which provide senior citizens opportunities for socializing,
organizing, creative expression, and improvement of self;
b) After care services for senior citizens who are discharged from the homes/institutions for the aged,
especially those who have problems of reintegration with family and community, wherein both the senior
citizens and their families are provided with counseling;
c) Neighborhood support services/home care wherein the community or family members provide
caregiving services to their frail, sick, or bedridden senior citizens; and

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d) Substitute family care in the form of residential care, group homes, or foster homes for the abandoned,
neglected, unattached or homeless senior citizens and those incapable of self-care.
e) Inclusion of community-based settings as practicum for academic institutions and in the curriculum of
caregiving and technical vocational schools.
Article 17. HOUSING
The national government shall include in its national shelter program the special housing needs of senior citizens,
such as establishment of housing units for the elderly.
Section 1. The Housing and Land Use Regulatory Board (HLURB) shall formulate housing rules on how to
develop subdivision suitable to the requirements of male and female senior citizens. The Home Development
Mutual Fund (HDMF) shall promote the establishment of elderly residence and shall review its existing circulars
particularly the limitation of the age requirements of sixty-five (65) years old at the date of the loan application and
seventy (70) years old at loan maturity. It shall also consider the concept of pension in lieu compensation.
Section 2. The housing program for the poor senior citizens which include the establishment/donation of
group/foster homes for the neglected, abused and unattached or homeless senior citizens and those incapable of
self-care including its management, maintenance and operations shall be established in accordance with EO 105,
approving and directing the implementation of the program, "Provision of Group/Foster Home for Neglected,
Abandoned, Abused, Unattached and Poor Older Persons and Persons with Disabilities" promulgated on May 16,
2002.
Article 18. ACCESS TO PUBLIC TRANSPORT
The DOTC and its attached agencies and sectoral officers shall improve the implementation or programs to assist
senior citizens to fully gain access in the use of public transport facilities. The minimum requirements and
standards to make transportation facilities and utilities for public use accessible to senior citizens shall be
developed to enhance the mobility of senior citizens. There shall be strict implementation of courtesy space and
seats for the exclusive use of senior citizens in all transport system. As far as practicable, PUVs shall also strive
to install safe lower stepping boards.
Article 19. INCENTIVE FOR FOSTER CARE
The DILG through the local government units, in consultation with the DOF and the BIR which shall provide the
necessary guidelines, shall provide incentives to persons or NGO institutions implementing foster care programs
for senior citizens, as follows:
(a) reality tax holiday for the first five (5) years starting from the first year of operation and/or
implementation of foster care program; and
(b) priority in the construction, or maintenance of provincial or municipal roads leading to the aforesaid
home, residential community or retirement village.
Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as may be determined by the DSWD, indigent
senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php 500.00) to augment
the daily subsistence and other medical needs of senior citizens. The grant of social pension shall be subject to a
review every two (2) years by Congress, in consultation with the DSWD within three months after convening the
Congress.
The DSWD, in consultation with the Department of Budget and Management (DBM), the DILG, the NCMB,
NGOs, and people's organizations shall formulate guidelines within thirty (30) days from effectivity of these Rules
for the development of criteria, selection of, and establishment of database for indigent senior citizens focusing
on targeting, delivery, monitoring and evaluation, to facilitate implementation of this additional government
assistance.
Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent senior citizens shall be covered by the national
health insurance program of PHILHEALTH. The local government units where the indigent senior citizens reside
shall allocate the necessary funds to ensure the enrollment and lifetime coverage of their indigent senior citizens,
in accordance with the pertinent laws and regulations.

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Section 3. SOCIAL SAFETY NETS - Social safety assistance intended to cushion the effects of economic
shocks; disasters and calamities shall be available for senior citizens. The social safety assistance which shall
include, but not limited to, food, medicines, and financial assistance for domicile repair, shall be sourced from the
disaster/calamity funds of local government units where the senior citizens reside, subject to the guidelines to be
issued by the DSWD in coordination with DILG.
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance of a minimum of Two thousand pesos
(Php 2, 000.00) shall be given to the nearest surviving relative who took care of the deceased senior citizens
reside, subject to the guidelines to be issued by the DSWD and DILG.
In keeping with the intention of the law and similar government assistance being granted, this benefit shall apply
in relation to deceased indigent senior citizens only. However, it will not preclude LGUs already granting burial
assistance to continue giving such benefit to non-indigent senior citizens.
RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)
Article 21. Office of Senior Citizens Affairs - There shall be established in all cities and municipalities an Office
for Senior Citizens Affairs (OSCA).
Section 1. OSCA Head - The senior citizen to be appointed by the City or Municipal Mayor as OSCA Head
should have the following qualifications:
a) A Filipino citizen and resident of the municipality or city for at least one (1) year;
b) A registered voter of the concerned city or municipality;
c) Able to read and write;
d) Must be physically and mentally capable of performing the tasks of OSCA Head;
e) A bonafide member of a duly registered senior citizens organization which has a track record of at least
three consecutive years;
f) Good moral character; and
g) At least a high school graduate
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall be chosen from a list of three (3)
nominees as recommended by a general assembly of DSWD- accredited or LGU-registered senior citizens
organizations in the city or municipality. He/she shall appointed by the mayor for a term of three (3) years without
reappointment but without prejudice to an extension not exceeding three (3) months, if exigency so requires.
The OSCA Head shall be appointed to serve the interest of senior citizens and shall not be removed or replaced
except for reasons of death, permanent disability, or ineffective performance of his duties to the detriment of
fellow senior citizens, as stated in a resolution issued by the general assembly. In case of death or permanent
disability, the remaining term shall be served by the new reappointed if he/she has not served one-half of the full
term.
Section 3. Remuneration for Services Rendered. - The head of the OSCA shall be entitled to received an
honorarium of an amount equivalent to at least Salary Grade 10 to be approved by the local government unit
concerned.
For 3rd to 6th class local government units, their respective sanggunians may provide for a reasonable and
practicable remuneration for the OSCA Head.
Section 4. Functions of OSCA. - The office for Senior Citizens Affairs shall have the following Functions:
a) In consultation with the City or Municipal Social Work and Development Officer and duly registered
senior citizen organizations, to plan, develop, implement, consolidate, and monitor yearly work programs
in pursuance of the objectives of the Act and its Rules;

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b) To draw up a list of available and required services which can be provided by the registered federations
and associations of senior citizens;
c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national
uniform individual identification cards and purchase booklets, free of charge, which shall be valid
anywhere in the country;
d) To serve as a general information and liaison center the needs of the senior citizens;
e) To monitor compliance of the provisions of the Act and its Rules particularly the grant of special
discounts and privileges to senior citizens;
f) To report to the Mayor, any person, natural or judicial; establishments, business, entity, institution or
agency found violating any provision of the Act and its Rules;
g) To facilitate the creation of a city or municipality coordinating and monitoring board consisting of OSCA
Head, the City or Municipal Social Work and Development Officer and the presidents of concerned duly
registered senior citizens organizations to deliberate and act on the complaints;
h) To assist senior citizens in filling complaints or charges against any person, natural or judicial;
establishment, institution, or agency refusing to comply with the privileges under the Act before the
Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial court,
the municipal trial court in cities, or the municipal circuit trial court;
i) To assist and coordinate with the concerned person, natural or judicial, establishment, institution or
agency in investigating fraudulent practices and abuses of the discount and privileges exclusively granted
to senior citizens ; and
j) To establish linkages and work together wit the accredited NGOs, people's organizations, and the
barangays in their respective areas.
Section 5. Operations and Maintenance of OSCA. - The necessary appropriation for the operation and
maintenance of the OSCA shall be provided by the local government units concerned. An office space
established at the Office of the Mayor shall likewise be provided.
Section 6. Assistance and Supervision of OSCA. - The OSCA Head shall be assisted by the City of the Municipal
Social Welfare and Development Officer (C/MSWDO). The Office of the Mayor shall exercise supervision over the
OSCA relative to their plans, activities and programs for senior citizens.
RULE VII
PENALTIES AND OTHER SANCTIONS
Article 22. Violations in Discounted Medicine Purchases - The following acts concerning drug and medicine
purchases are considered violative of the provisions of the Act and its Rules:
Section 1. A senior Citizen or his /her representative or a person misusing the privileges by:
a) using several purchase booklets,
b) availing of the discounts to buy medicines, drugs, medical accessories and supplies not for the use of
the senior citizen,
c) unauthorized use of the identification card of the senior citizen.
Section 2. A medical practitioner giving prescription to other persons in the name of the senior citizen or giving
anomalous prescription.
Section 3. Retailers and establishments dispensing medicines:
a) refusing to grant the full 20% senior citizens discount and VAT exemption on drug and medicine
purchases paid via credit card,
b) making a distinction between branded and generic drugs and medicines in giving the 20% discount,
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c) posting notices and signages telling customers that availment of the 20% discount is limited to cash
purchases only,
d) "limiting" of discountable drug and medicine purchases to certain weekdays only, such that senior
citizens cannot avail of the 20% discount on other days, and e) restricting the purchase time or period for
senior citizen discounts after a certain hour.
Article 23. Violations in Discounted Food Purchases - The following acts concerning food purchases are
considered violative of the provisions of the Act and its Rules:
a) Pegging a maximum amount of food purchase subject to 20% discount and the VAT exemption, and/ or
posting of notice to that effect;
b) Refusal to grant the 20% discount and VAT exemption on take -out/ take home/ drive-thru orders it
appearing that the purchase is for the exclusive use and enjoyment of senior citizens;
c) Refusal to grant a 20% discount and VAT exemption on delivery orders it appearing that the purchases
is for the exclusive use and enjoyment of senior citizens.
Article 24. PENALTIES - Any person who refuses to honor the senior citizen card or violates any provision of the
Act and its Rules shall suffer the following penalties:
Section 1. For the first violation, a fine of not less than Fifty thousand pesos (Php 50,000.00) but not exceeding
One hundred thousand pesos (Php 100,000.00) and imprisonment for not less than two (2) years but not more
than six (6) years; and
Section 2. For any subsequent violation, a fine of not less than One hundred thousand pesos (Php 100,000.00)
but not exceeding Two hundred thousand pesos (Php 200,000.00) and imprisonment for not less than two (2)
years but not more than six (6) years.
Section 3. Any person who abuses the privileges granted herein shall be punished with a fine of not less than
fifty thousand pesos (Php 50,000.00) but not more than One hundred thousand pesos (Php 100,000.00) and
imprisonment of not less than six (6) months.
Section 4. If the offender is an alien or a foreigner, he/she shall be deported immediately after service of
sentence without further deportation proceedings.
Section 5. If the offender is a corporation, partnership, organization or any similar entity the officials thereof
directly involved such as the president, general manager, managing partner, or such other officer charged with
the management of the business affairs shall be liable therefor.
Section 6. Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may
also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar
privileges granted to any person, establishment or business entity that fails to abide by the provisions of the Act
and these Rules.
RULE VIII
MONITORING AND COORDINATING MECHANISM
Article 25. Monitoring and Coordinating Mechanism. - An inter-agency coordinating and monitoring
mechanism at the national level shall be established which shall be called the National Coordinating and
Monitoring Board (NCMB) on the Expanded Senior Citizens Act of 2010.
Section 1. NCMB Composition. - The National Coordinating and Monitoring Board shall be composed of the
following:
a) Chairperson - Secretary of the Department of Social Welfare and Development (DSWD), or authorized
representatives;
b) Vice-Chairperson - Secretary of the Department of the Interior and Local Government (DILG), or
authorized representatives;
c) Members: Secretaries or authorized representatives of the following:

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1) Department of Justice (DOJ);

2) Department of Health (DOH);
3) Department of Trade and Industry (DTI); and
4) Representatives from five (5) accredited NGOs for senior citizens
The National Inter-Agency Coordinating and Monitoring Board may call on other government agencies, NGOs
and people's organizations to serve as resource persons as the need arises. Resource persons have no voting
rights at the Board.
Section 2. NGO/PO Representation. - The representatives from accredited NGOs and people's organizations
shall be senior citizens, or from other sectors that have services primarily for senior citizens. These NGO
representatives which shall be selected and appointed by the Board shall serve for a period of three (3) years.
Section 3. Level of Representation. - The authorized representative to the National Coordinating and Monitoring
Board from the government agencies shall have a rank of not lower than Director level or its equivalent, and for
the NGOs, shall have a rank not lower than an Executive Director.
Section 4. Functions. - The National Coordinating and Monitoring Board (NCMB) shall have the following
functions:
a) Formulate a National Plan of Action for Senior Citizens in coordination with concerned government
agencies and other stakeholders;
b) Develop an effective monitoring and reporting system towards an efficient, consistent and uniform
implementation of the law;
c) Develop and institute effective and innovative approaches and methods with which to address
emerging concerns of the senior citizens;
d) Coordinate the programs and projects of government agencies with responsibilities under RA No. 9994
and these Rules;
e) Coordinate the conduct of nationwide information, education campaign and other advocacy activities
on RA No. 9994;
f) Monitor the conduct of orientation, training and other capability building programs to maximize the
contributions and participation of senior citizens;
g) Coordinate the conduct and evaluation of the plan of action, research and documentation of good
practices and disparities for policy and program development;
h) To actively establish national, regional and international networks for resource generation and technical
cooperation; and
i) Prepare yearly accomplishment report for the Office of the President, Congress, and the concerned
national government and local government units.
Section 5. Coordinating and Monitoring Body at the Regional Level. - There shall be established in all regions a
Regional Coordinating and Monitoring Board (RCMB) with similar membership and functions as the National
Board. As far as practicable, similar bodies shall be established in the local government units.
Section 6. Secretariat. - The Department of Social Welfare and Development shall serve as the Secretariat to the
Board at the national and at the regional levels.
RULE IX
FINAL PROVISIONS
Article 26. Appropriations. - The appropriation necessary to implement the provisions of the Act and its Rules
shall be included in the respective budgets of the responsible national government agencies subject to availability

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of funds. The heads of departments and agencies as well as local chief executives concerned shall immediately
include in their annual appropriations the funding necessary to implement these programs and services.
Section 1. The funds to be used for the national health program and for the vaccination of indigent senior citizens
in the first year of implementation shall be added to the regular appropriations of the DOH and thereafter, as a
line item under the DOH budget in the subsequent General Appropriations Act (GAA) subject to availability of
funds.
Section 2. The monthly social pension for indigent senior citizens in the first year of implementation shall be
added to the regular appropriations of the DSWD and thereafter as a line item under the DSWD budget in the
subsequent GAA subject to availability of funds.
Section 3. The local government units concerned shall provide the necessary appropriations for the operation
and maintenance of the OSCA.
Article 27. Repealing Clause. - All laws, presidential decrees, executive orders and rules and regulations or part
thereof, contrary to, or inconsistent with the provisions of these Rules, are hereby repealed or modified
accordingly.
Article 28. Separability Clause. - Should any provision of the Rules be found unconstitutional or invalid by a court
of law, such provision shall be served from the remainder of these Rules and such action shall not affect the
enforceability of the remaining provisions of these Rules.
Article 29. Effectivity. - These Rules and Regulations shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation, and submission to the Office of the
National Administrative Register, Law Center, University of the Philippines.
Signed June 18, 2010 at the Department of Social Welfare and Development, Batasan Pambansa Complex,
Constitution Hills, Quezon City.

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Republic of the Philippines

Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT NO. 9442

April 30, 2007

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. A new chapter, to be denominated as "Chapter 8. Other Privileges and Incentives" is hereby added
to Title Two of Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons", with new
Sections 32 and 33, to read as follows:
"CHAPTER 8. Other Privileges and Incentives
"SEC. 32. Persons with disability shall be entitled to the following:
(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services
in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or
enjoyment of persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters, cinema
houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for
the exclusive use or enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive
use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees such as, but not limited to x-rays, computerized tomography scans and blood tests, in all
government facilities, subject to guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation (PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and
laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in
accordance with the rules and regulations to be issued by the DOH, in coordination with the
PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or
enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use
and enjoyment of persons with disability;

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(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post
tertiary, as well as vocational or technical education, In both public and private schools, through the
provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with
disability, including support for books, learning materials, and uniform allowance to the extent
feasible: provided, that persons with disability shall meet minimum admission requirements;
(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the
Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the
case may be, as are enjoyed by those in actual service;
(j) To the extent possible, the government may grant special discounts in special programs for persons
with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the
Department of Trade and Industry (DTI) and the Department of Agriculture (DA); and
(k) Provision of express lanes for persons with disability in all commercial and government
establishments; in the absence thereof, priority shall be given to them.
The abovementioned privileges are available only to persons with disability who are Filipino citizens upon
submission of any of the following as proof of his/her entitlement thereto:
(I) An identification card issued by the city or municipal mayor the barangay captain of the place
where the person with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the
Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher discount as may be
granted by the commercial establishment and/or under other existing laws or in combination with other
discount program/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (e), (f) and (g) as tax
deductions based on the net cost of the goods sold or services rendered: provided, however, That the
cost of the discount shall be allowed as deduction from gross income for the same taxable year that the
discount is granted: provided, further, That the total amount of the claimed tax deduction net of valueadded tax if applicable, shall be Included in their gross sales receipts for tax purposes and shall be
subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as
amended."
"SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the
following incentives;
(a) persons with disability shall be treated as dependents under Section 35(A) of the National Internal
Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the
privileges granted by the code Insofar as having dependents under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement
villages solely to suit the needs and requirements of persons with disability shall be accorded the
following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the
aforesaid home residential community or retirement village."
SEC. 2. Republic Act No. 7277 is hereby amended by inserting a new title, chapter and section after Section 38
to be denominated as Title 4, chapters 1 and 2 and Sections 39, 40, 41 and 42 to read as follows:
"Title Four
Prohibitions on Verbal, Non-verbal Ridicule and VilificationAgainst Persons with Disability

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"CHAPTER 1. Deliverance from Public Ridicule.

"SEC. 39. Public Ridicule . - For purposes of this Chapter, public ridicule shall be defined as an act of
making fun or contemptuous initiating or making mockery of persons with disability whether in writing or in
words, or in action due to their impairment/s.
"SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons
with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.
"CHAPTER 2. Deliverance from Vilification
"SEC. 41. Vilification. - For purposes of this chapter, vilification shall be defined as:
(a) the utterance of slanderous and abusive statements against a person with disability; and/or
(b) An activity in public which incites hatred towards serious contempt for, or severe ridicule of persons
with disability."
"SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability
which could result into loss of self-esteem of the latter."
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
"SEC. 46. Penal Clause. (a) Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six
months but not more than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment
for not less than two years but not more than six years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less
than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty
thousand pesos (P50,000.00), or both, at the discretion of the court.
(c) If the violator is a corporation organization or any similar entity, the officials thereof directly involved
shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.
Upon filing of an appropriate complaint, and after notice and hearing the proper authorities may also
cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar
privileges granted to any business entity that fails to abide by the provisions of this Act."
Sec. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna Carta for Persons with
Disability", and all references on the said law to "disabled persons" shall likewise be amended to read as
"persons with disability".
SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled
Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees
and other agencies, organizations, establishments shall formulate an agencies, organizations, establishments
shall formulate an implementing rules and regulations pertinent to the provisions of this Act within six months after
the effectivity of this Act.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general
circulation.
Approved,

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JOSE DE VENECIA JR.

Speaker of the House of
Representatives

MANNY VILLAR
President of the Senate

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the
Senate and the House of Representatives on February 8, 2007 and February 7, 2007, respectively. April 30
2007approved

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