other social legislations laws

8/11/2019 Other Social Legislations Laws

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THE PATERNITY

LEAVE ACT OF 1996RA 8187


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Paternity leave refers to the time-off pay

granted to a married male employee by reason

of childbirth or miscarriage of his lawful wife

so that he could lend support to his wife during

her period of recovery, or in nursing the newly

born child

Applies to married male employees in bothpublic and private sector


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Duration7 days with full pay available only

for the first four deliveries or miscarriage of

the legitimate spouse with whom he is

cohabiting (Sec 2)

Full pay- basic salaries, all allowances, and

other monetary benefits

If unused not convertible into cash


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Conditions for entitlement of

paternity leave

Woman who gave birth or suffered miscarriage mustbe the legal wife

At the time of miscarriage or delivery of the child, the

male spouse must be an employee and cohabitingwith his lawful wife

Employee must notify employer of the pregnancy ofhis wife stating the expected date of delivery

The paternity leave can be availed of only for the firstfour childbirth or miscarriage


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Employee who has availed of paternity leave

benefits shall submit a copy of the birth

certificate of the newly-born child, death or

medical certificate in case of miscarriage or

abortion, duly signed by the attending

physician or midwife showing the actual date

of birth, miscarriage or abortion as the casemay be.


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Penal sanctions: fine not exceeding P25T or

imprisonment ranging from 30 days to six

months


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THE SOLO PARENTS

WELFARE ACT OF 2000

RA 8972


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Solo Parenta person left alone with the responsibilityof parenthood due to the following circumstances:

Giving birth as a result of rape or crimes against

chastity Death of spouse

Detention or imprisonment of spouse for at least oneyear

Physical or mental incapacity of spouse as certifiedby a public medical practitioner


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Legal separation/de facto separation from spouse for

at least one year

Declaration of nullity or annulment of marriage

Abandonment of spouse for at least one year

An unmarried mother/father who preferred to keep

and rear his/her child/ren instead of having others

care for them or give them up to a welfare institution


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A foster parent duly licensed by the DSWD or a legal

guardian appointed by the court, who solely provides

parental care and support to a child or children

A family member who assumes the responsibility ofhead of family as a result of the death, abandonment,

disappearance, or prolonged absence of the parents or

solo parent, provided that such abandonment,

disappearance or absence lasts for at least one year


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BENEFITS available to SOLO

PARENT

Flexible work schedule

Parental leave of not more than 7 days

Educational benefits Housing benefits on liberal terms in low-cost

government housing and

Medical assistance


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FLEXIBLE WORK SCHEDULE

A system whereby a solo parent employee is given

the right to vary his/her arrival and departure time

without affecting the core work hours as defined by

the employer Employer shall provide flexible working schedule,

otherwise, ask exemption from DOLE

Government employees- subject to the discretion of

the head of the agency


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PARENTAL LEAVE

Time-off granted to parental duties andresponsibilities where physical presence isrequired

Solo parent must have rendered at least oneyear of service, continuous or broken

SP must give notice to the employer of the

availment thereof SP must present solo parent identification card


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HOUSING

To be given allocation in government low-costhousing projects on liberal terms of payment,provided

SP must meet qualification criteria for housingassistance under Urban Dev and Housing Actand NHA

Eligible SP must file their application forhousing unit directly with concerned NationalHousing Authority Project Offices


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EDUCATIONAL BENEFITS

Scholarship programs for qualified solo parents

and their children in institutions of basic,

tertiary and technical skills education and non-

formal education programs appropriate for

solo parents and their children


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PROCEDURES TO AVAIL

Secure an application form from DepEd,

CHED or TESDA

Submit duly accomplished form with SP ID

card, barangay clearance, birth certificate,

notice of admission from the school and

original or certified true copy of the TOR,

report card of the last year the applicantattended school.


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Only SP whose income in the place of domicile

falls below the poverty threshold set by NEDA

and assessed by DSWD are eligible for

educational benefits (applies also to medical

assistance)


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THE MAGNA CARTA OF

WOMEN

RA 9710


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OBJECTIVE OF THE LAW

Emphasizes the rights of women and

institutionalizes the substantive equality of

men and women. The essence of the law is not

only to provide equal opportunities for womenbut also their empowerment


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The Law mandates the State to

1. Abolish the unequal structures and practices thatperpetrate discrimination and inequality to womensuch as repeal of discriminatory laws, like the ff:

Giving preference to the fathers consent to themarriage of children between the ages of 18-21(Art14, FC)

Giving preference to the husbands decision in case

of disagreement with the wife, on the administrationand enjoyment of community and conjugal properties(Art. 196 and 124, FC)


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Giving preference to the husbands decision, in caseof disagreement with the wife, on the exercise oflegal guardianship over the property ofunemancipated common child (Art 225,FC)

Giving preference to the husbands decision, in caseof disagreement with the wife, over the persons oftheir common children (Art 211, FC)

The requirement of repeated physical abuse andgrossly abusive conduct to constitute a ground forlegal separation (Art 55 (1),FC)


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Adultery and concubinage (Art 333 and 334, RPC)

Definition of vagrants and prostitute (Art 202, RPC) Premature marriages (art 351, RPC)

On death inflicted under exceptional circumstances(art 247, RPC)

Removal of criminal liability of rapist when victimmarries him (RA 8353)

Rule 131, sec 3jj on disputable presumptions (Rulesof Court)

Code of Muslim Personal Laws


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2. Revise gender stereotypes and images in educational

materials and curricula (sec 13)

3. Eliminate discrimination of women in the military,

police and other similar services including revisionor abolition of policies and practices that restrict

women from availing of both combat and non-

combat training, or from taking on functions other

than administrative tasks, such as engaging incombat, security-related, or field operations (Sec

15)


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4. Protect the rights of Moro and indigenous women topractice, promote and preserve their own culture,traditions and institutions xxxxxx(sec 28)

5. Increase the number of women participating indiscussions and decision-making in the peace

process, including membership in peace panels (sec29a)

6. Ensure development and inclusion of womenswelfare and concerns in the peace agenda andwomens participation in the planning,implementation, xxxx, evaluation of rehabilitationand rebuilding of conflict-affected areas (sec 29b)


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7. Adopt measures to

protect girl-children from all forms of abuse andexploitation;

eliminate all forms of discrimination against girl-children in education, health and nutrition, and skillsdevelopment;

Ensure equal access of Moro and indigenous girlchildren xxxx

Develop gender-sensitive curriculum and books xxx

Ensure sensitivity of regular schools to particularMoro and indigenous practices, such as fasting in themonth of Ramadan, choice of clothing includingwearing of hijab, and availability of food (sec 32)


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RIGHTS OF WOMEN

All women are entitled to enjoy all the rights

under the Constitution including those rights

recognized under international instruments

duly signed and ratified by the Philippines(Sec 8)


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Equal Rights in All Matters Relating to

Marriage and Family Relations (sec 19)

Right to enter into and leave marriages or commonrelationships referred to under the Family Codewithout prejudice to personal or religious beliefs

Right to freely choose a spouse and to enter intomarriage only with their free and full consent.Betrothal and the marriage of a child shall have nolegal effect

Right to decide jointly with their partners on thenumber and spacing of their children


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Right to enjoy the same personal rights as their

spouses or their common law spouses Right to freely choose a profession or occupation

Right to enjoy shame rights as their spouses orcommon law spouses with respect to ownership,

acquisition, management, administration, enjoymentand disposition of property

Right to enjoy the same rights to properties xxx andinheritance xxxx

Right to enjoy equal rights with men in acquiring,changing, or retaining their nationality xxxx


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Rights to be Protected from all forms of

violence (Sec 9)

1. 50% of the personnel in the police force, legalservices, forensics and medico-legal services andsocial services should be women, so that women whoare victims of gender-related violence can properly be

assisted2. In situations of emergency, armed conflict and

militarization,

Women should not be required to take part in armed

hostilities Women should be given the opportunity to fully

participate in the planning and management of reliefoperations


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Relief supplies should include the specific

requirements of pregnant women, lactating mothers,sick people, senior citizens, persons with disabilitiesand children

Utmost priority should be given to cases involvingpregnant, lactating women, women with dependent

children and women with disabilities who aredetained for reasons related to armed conflict

Civilian casualties should not be considered ascollateral damage

Local government units should provide temporaryshelters to women and children in situations of armedconflict


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3. Government personnel involved in the protection and

defense of women against gender-based violence

should regularly undergo mandatory training on

gender and human rights, particularly on the cycleand continuum of violence, counseling and trauma

healing

4. Barangays should establish a Violence Against

Women Desk to be manned by a person trained inhandling gender-sensitive cases

Rights to be Protected from all

forms of violence (Sec 9)

Ri ht t b P t t d i ti f


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Rights to be Protected in times of

disaster, calamities and other crisis

situations (sec 10)

Women are entitled to protection and security

in times of disaster, calamities and other crisis

situations especially in all phases of recovery,relief, rehabilitation and reconstruction.

Responses to disaster situations should include

psychological support, livelihood support,

education and comprehensive health care

services

Right to participation ad equal


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Right to participation ad equal

representation in all spheres of society

(sec 11)

1. Ensure that 50% of 3rdlevel positions ofgovernment are held by women

2. Ensure that 40% of the membership in allregional, provincial, city, municipal, andbarangay development councils arecomposed of women

3. Ensure that women are represented ininternational, national and local special anddecision-making bodies


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Ensure that women are given the opportunity

to represent the government at the international

level and to participate in the work of

international organizations

Provide incentives to political parties with

womens agenda

Encourage women leadership in the private

sector

Right against dismissal or expulsion


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Right against dismissal or expulsion

from school due to pregnancy out of

wedlock (sec 15)

Expulsion and non-readmission of unmarried womenteachers or faculty members due to pregnancy isoutlawed. Neither can educational institutions transfer, or

force unmarried teachers or faculty members to go onleave, simply because they got pregnant

Educational institutions cannot refuse admission, expel,suspend or impose any disciplinary action against

unmarried female students who get pregnant during theirterm in school

Pregnant xxx should be accorded with special leave ofabsence from school upon advice of the attending

physician


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Right to health (sec17)

Pre-natal and post-natal services to address pregnancy

and infant health nutrition

Promotion of breastfeeding

Ethical, legal, safe and effective methods of familyplanning

Youth sex education and health services

Prevention and management of reproductive tactinfections including STD, AIDS

OTHERS


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Right to special leave benefits

(sec 18)

Women employees who have undergone surgery

caused by gynecological disorders are entitled

to a special leave benefit of two months with

full pay based on her gross monthlycompensation, including mandatory

allowances xxxx (must have rendered at least

6 months continuous aggregate employmentservice for the last 12 months prior to surgery,

sec 21 IRR)


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Right against discriminatory and derogatory

portrayal in media and film (sec15)

Right to decent work (sec 22)

Right to resources for food production (sec 20)

Right to livelihood, credit, capital and

technology (sec 23)

OTHER RIGHTS


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OTHER RIGHTS

Right to education and training (sec 24)

Right to housing (sec 21)

Right to representation and participation inpolicy-making bodies (sec 28)

Right of women senior citizens to protection

(sec 33)

Right to information (se c 26)


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other social legislations laws

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