Student Manual

Laws and Issuances Concerning Students

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Excerpt From the Education Act of 1982

“An Act Providing for the Establishment and Maintenance of an Integrated

System of Education”

1. General Provisions

Chapter 1: Preliminary Matters

Title – This Act shall be known as the “Education Act of 1982.”

Section 1.

Coverage – This Act shall apply to and govern both formal and

Section 2.

non-formal systems in public and private schools in all levels of the entire educational system.

CHAPTER 2: DECLARATION OF BASIC STATE POLICY AND OBJECTIVES Section 3. Declaration of Basic Policy – It is the policy of the State to

establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and social progress;
2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world.

Section 4. Declaration of Objectives – The educational system aims to:

1. Provide for a broad general education that will assist each individual in the peculiar ecology of his own society, to
   1. Attain his potential as a human being;
   2. Enhance the range and quality of individual and group participation in the basic functions of society; and
   3. Acquire the essential educational foundation of his development into a productive and versatile citizen;
2. Train the nation’s manpower in the middle-level skills for national development;
3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and
4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation.

Excerpt From the National Service Training Program Act (RA 9163)

“An Act Establishing the National Service Training Program (NSTP) for the Tertiary Level Students, Amending for the Purpose Republic Act No 7077

Presidential Decree No. 1706, and for other Purpose”

Be it entered by the Senate and House of Representatives of the Philippines in Congress assembled.

Section 1. Short Title. – This Act shall be known as the “National Service

Training Program (NSTP) Act of 2001”.

Section 2. Declaration of Policy . – It is hereby affirmed the prime duty of

the government to serve and protect its citizens. In turn, it shall be the responsibility of all citizens to defend the security of the state and in fulfillment thereof, the government may require each citizen to render personal, military or civil service.

Recognizing the youth’s vital role in nation building, the state shall promote civic consciousness among the youth and shall develop their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism, nationalism, and advance their involvement on public and civic affairs. In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in military training, literacy, civic welfare and other similar endeavors in the service of the nation.

Definition of Terms . – For the purpose of this Act, the following

Section 3.

are hereby defined as follows:

1. “National Service Training Program (NSTP)” is a program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of services and patriotism while undergoing training in any of its three (3) program components. Its various components are especially designed to enhance the youth’s active contribution to the general welfare.
2. “Reserve-Officers’ Training Corps (ROTC)” is a program institutionalized under Sections 38 and 39 of Republic Act No. 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness.
3. “Literacy Training Service” is a program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service.
4. “Civic Welfare Training Service” refers to programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry.
5. “Program component” shall refer to the service components of the NSTP as enumerated on Section 4 of this Act.

Establishment of the National Service Training Program. – There is

Section 4.

hereby established a National Service Training Program (NSTP), which shall form part of the curricula of all baccalaureate degree courses and of at least two (2)-year technical vocational courses and is a requisite for graduation, consisting of the following service components:

1. The Reserve Officers’ Training Corps (ROTC), which is hereby made optional and voluntary upon the effectivity of this Act;
2. The Literacy Training Service; and
3. The Civil Welfare Training Service. The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and adherence to the Constitution, among others. Citizenship training shall be given emphasis in all three (3) program components.

The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), in consultation with the Department of National Defense (DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) and other concerned government agencies, may design and implement such other program components as may be necessary in consonance with the provisions of this Act.

Excerpt From the Campus Journalism Act of 1991 (RA 7079)

“An Act Providing for the Development and Promotion of Campus Journalism

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 and referred to as the “Campus

Journalism Act of 1991.”

Section 2. Declaration of Policy. – It is the declared policy of the State to

uphold and protect the freedom of the press even at the campus level and to promote the development and growth of campus journalism as a means of strengthening ethical values, encouraging critical and creative thinking, and developing moral character and personal discipline of the Filipino youth. In furtherance of this policy, the State shall undertake various programs and projects aimed at improving the journalistic skills of students’ concerned and promoting responsible and free journalism.

Definition of Terms. –

Section 3.

1. School. – An institution for learning in the elementary, secondary or tertiary level comprised of the students, administration, faculty and non-faculty personnel;
2. Student Publication. – The issue of any printed material that is independently published by, and which meets the needs and interests of, thestudents;
3. Student Journalist. – Any bona fide student enrolled for the current semester or term, who has passed or met the qualification and standards of the editorial board. He must likewise maintain a satisfactory academic standing.
4. Editorial Board. – In the tertiary level, the editorial board shall be composed of student journalists who have qualified in placement examinations. In the case of elementary and high school levels, the editorial board shall be composed of a duly appointed faculty adviser, the editor who qualified and a representative of the Parents-Teachers’ Association, who will determine the editorial policies to be implemented by the editor and staff members of the student publication concerned.

At the tertiary level, the editorial board may include a publication adviser at the option of its members.

5. Editorial Policies. – A set of guidelines by which a student publication is operated and managed, taking into account pertinent laws as well as the school administration’s policies. Said guidelines shall determine the frequency of the publication, the manner of selecting articles and features and other similar matters.

Section 4. Student Publication. – A student publication is published by the

student body through an editorial board and publication staff composed of students selected by fair and competitive examinations.

Once the publication is established, its editorial board shall freely determine its editorial policies and manage the publication’s funds.

Section 5. Funding of Student Publication. – Funding for the student publication

may include the savings of the respective school’s appropriations, student subscriptions, donations, and other sources of funds.

In no instance shall the Department of Education, Culture and Sports or the school administration concerned withhold the release of funds sourced from the savings of the appropriations of the respective schools and other sources intended for the student publication. Subscription fees collected by the school administration shall be released automatically to the student publication concerned.

Section 6. Publication Adviser. – The publication adviser shall be selected by

the school administration from a list of recommendees submitted by the publication staff. The function of the adviser shall be limited to one of technical guidance.

Security of Tenure. – A member of the publication staff must

Section 7.

maintain his or her status as student in order to retain membership in the publication staff. A student shall not be expelled or suspended solely on the basis of articles he or she has written, or on the basis of the performance of his or her duties in the student publication.

Press Conferences and Training Seminar. – The Department of

Section 8.

Education, Culture and Sports shall sponsor periodic competitions, press conferences and training seminars in which student-editors/writers and teacher-adviser of student publications in the elementary, secondary and tertiary levels shall participate. Such competitions, conferences and seminars shall be held at the institutional, divisional, and regional levels, culminating with the holding of the annual national elementary, secondary or tertiary School Press Conferences in places of historical and/ or cultural interest in the country.

Section 9. Rules and Regulations. – The Department of Education, Culture

and Sports, in coordination with the officers of the national elementary, secondary or tertiary organizations or official advisers of student publications, together with student journalists at the tertiary level and existing organizations of student journalists, shall promulgate the rules and regulations necessary for the effective implementation of this Act.

Tax Exemption. – Pursuant to paragraph 4, Section 4, Article XIV

Section 10.

of the Constitution, all grants, endowments, donations, or contributions used actually, directly and exclusively for the promotion of campus journalism as provided for in this Act shall be exempt from donor’s or gift tax.

Appropriations. – For the initial year of implementation, the sum

Section 11.

of Five million pesos (P5, 000,000.00) is hereby authorized to be charged against the savings from the current appropriations of the Department of Education, Culture and Sports. Thereafter, such amount as may be necessary shall be included in the General Appropriations Act.

Effectivity. – This Act shall take effect after fifteen (15) days

Section 12.

following the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Excerpt From the Anti-hazing Law (RA 8049)

“An Act Regulating Hazing and Other Forms of Initiation Rites in Fraternities,

Sororities, and other Organizations and Providing Penalties Therefor”

Hazing, as used in this Act, is an initiation rite or practice as a

Section 1.

prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

The term “organization” shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen’s Military Training and Citizen’s Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.

Section 2. No hazing or initiation rites in any form or manner by a fraternity,

sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.

The head of the school or organization or their representatives

Section 3.

must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

If the person subjected to hazing or other forms of initiation

Section 4.

rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen’s army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

1. when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
2. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;
3. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;
4. when the hazing is committed outside of the school or institution; or
5. when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority’s adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.

Section 5. If any provision or part of this Act is declared invalid or

unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Section 6. All laws, orders, rules or regulations which are inconsistent with

or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Section 7. This Act shall take effect fifteen (15) calendar days after its

publication in at least two (2) national newspapers of general circulation.

CHED Statement on Fraternities (Cmo 4 S.1995)

Preventive Measures against Violence and Sanctions on Fraternities and Other Student Organizations

1. The fundamental law of the land requires the state through its instrumentalities, in particular the educational agencies, to promote the physical, intellectual and social well-being of the youth, the students. They are encouraged to go to schools of all levels to utilize their God-given talents for self-development and, collectively, for nation-building. They are encouraged further to join all kinds of organizations that foster camaraderie and instill brotherhood.
2. Historically, fraternities were founded to promote brotherhood and camaraderie among groups of people, including students in colleges and universities. Fraternities and other student-organizations must serve to forge not only brotherhood as the ultimate bonding of all men and women inside and outside the confines of universities, but must exist to preserve the value of human life. Their talents and energies must be channeled and utilized for collective development.
3. Recent events involving fraternities tend to erode the moral values inculcated by parents and the educational institutions. Students’ dedication to study, respect for authority, observance of the rules and regulation of educational institutions are ignored. Existing laws and other administrative issuances seem not enough to deter some students to inflict physical and mental injuries on others and, in so many instances, cause the loss of life of students.
4. In order to have an atmosphere of brotherhood among fraternities and other student organizations, all educational institutions of higher learning are encouraged to promote programs and projects that will produce responsible students and will instill the value of human life for a productive future. The following preventive measures are therefore suggested:
   1. Monthly meetings of heads of fraternities in a Council of Equals,
   2. Regular gatherings of fraternity members through sports, cultural events and joint community projects where there are cross memberships.
   3. Reporting of a potential conflict to the head of the fraternity as a standard procedure. The head in turn will patch it up with his counterpart.
   4. Internal policing by the fraternities themselves.
   5. Long-term re-orientation of role of fraternity to move away from macho conflicts into a society of brotherhood that stresses studies, productivity, creativity, and sense of community and nationhood.
   6. More interaction between the School Administration and the fraternities.
   7. Parents informed about the participation of their children in fraternities.
   8. Use of fraternity alumni members to counsel resident members.
   9. Fraternities be obliged to have an ethical code in their organizational vision and objectives which should include a commitment to solve problems in a peaceful and friendly way.
5. In order to deter violence among Fraternities the following sanctions shall be strictly carried out:
   1. Automatic expulsion of any fraternity member for:
      1. Starting or taking the offensive action that clearly provokes violence.
      2. Carrying of knives, sticks, pipes, guns and other deadly weapons in schools.
      3. Extortion
6. 60 days suspension of all officers of a fraternity found guilty of starting action that will provoke violence.
7. Suspension of guilty fraternity for one year for the first offense and permanent ban for the next offense.
8. Higher education institution must fully assume authority and responsibility in dealing with fraternities and other student aggrupations. They are enjoined to closely monitor and supervise the enumerated preventive measures and sanctions herein above-stated.

Excerpt From RA 11053

“An Act Prohibiting Hazing and Regulating Other Forms of Initiation Rites of Fraternities, Sororities, and Other Organizations, and Providing Penalties for Violations Thereof, Amending for the Purpose Republic Act No. 8049, Entitled “An Act Regulating Hazing and Other Forms of Initiation Rites in Fraternities

Sororities, and Organizations and Providing Penalties Therefor.”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

A new section to be denominated as Section 1 is hereby inserted

Section 1.

in Republic Act No. 8049, to read as follows:

• “Section 1. Short Title. - This Act shall be known as the “Anti-Hazing Act of 2018”. Section 1 of the same Act is hereby amended to read as follows:

Section 2.

“Section 2. Definition of Terms. - As used in this Act:

1. “(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization including, but not limited to paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This shall also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.
2. “(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, whether formal or informal, that a person must perform or take part in order to be accepted into fraternity, sorority, and organization as a full-fledged member. It includes ceremonies, practices, rituals, and other acts in all stages of membership in a fraternity, sorority, or organization.
3. “(c) Organization refers to an organized body of people which includes, but it is not limited to, any club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.
4. “(d) Schools refer to colleges, universities, and other educational institutions.”

Section 3. A new section to be denominated as Section 3 is hereby inserted

in the same Act to read as follows: Section 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including citizens’ military training and citizens’ army training. This prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such as community-based and other similar fraternities, sororities and organizations: Provided, That the physical, mental, and practices to determine and enhance the physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP as approved by the Secretary of National Defense and National Police Commission, duly recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be considered as hazing purposes of this Act: Provided, further, That the exemption provided herein shall likewise apply to similar procedures and practices approved by the respective heads of other uniformed learning institutions as to their prospective members, nor shall this provision apply to any customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or certificate.

“In no case shall hazing be made a requirement for employment in any business or corporation.”

Section 2 of the same Act is hereby amended to read as follows:

Section 4.

“Section 4. Regulation of School-Based Initiation Rites. Only initiation rites or practices that do not constitute hazing shall be allowed: Provided, That:

1. “(a) A written application to conduct initiation rites shall be made to the proper authorities of the school not later than seven (7) days prior to scheduled initiation date;
2. “(b) The written application shall indicate the place and date of the initiation rites and the names of the recruits, neophytes, or applicants to be initiated and the manner by which they will conduct the initiation rites;
3. “(c) The initiation rites shall not last more than three (3) days;
4. “(d) The application shall contain the names of the incumbent officers of the fraternity, sorority, or organization and any person or persons who will take charge in the conduct of the initiation rites;
5. “(e) The application shall be under oath with a declaration that it has been posted in the official school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization, and two (2) other conspicuous places in the school or in the premises of the organization; and
6. “(f) The application shall be posted from the time of submission of the written notice to the school authorities or head of organization and shall only be removed from its posting three (3) days after the conduct of the initiation rites. “The school, fraternity, sorority, or organization shall provide for their respective bulletin boards for purposes of this section. “Guidelines for the approval or denial of the application to conduct initiation rites by a registered fraternity, sorority, and organization shall be promulgated by the appropriate school official not later than sixty (60) days after the approval of this Act. The appropriate school authorities shall have the obligation to disapprove the application to conduct initiation rites that do not conform to any of the requirements of this section, and in unequivocal terms in a formal advice to the fraternity sorority, or organization concerned, taking into consideration the safety and security of participants in the activity. “School officials shall have the authority to impose after due notice and summary hearing, disciplinary sanctions, in accordance with the school’s guidelines and regulations on the matter, which shall include, but shall not be limited to, reprimand, suspension, exclusion, or expulsion, to the head and all other officers of the fraternity, sorority and organization which conducts an initiation without first securing the necessary approval of the school as required under this section. All members of the fraternity, sorority, or organization, who participated in the unauthorized initiation rites, even if no hazing was conducted, shall also be punished accordingly. “In case the written application for the conduct of initiation rites contains false or inaccurate information, appropriate disciplinary sanctions in accordance with the school’s guidelines and regulations on the matter ranging from reprimand to expulsion shall be imposed, after due notice and summary hearing, against the person who prepared the application or supplied the false and inaccurate information and to the head and other officers of the fraternity, sorority, or organization concerned.”

Excerpt From RA 9262

“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 Philippine Congress Assembled.

Short Title. - This Act shall be known as the “Anti-Violence against

Section 1.

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,

1. “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:
   1. “Physical Violence” refers to acts that include bodily or physical harm;
   2. “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:
      1. 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;
      2. 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;
      3. Prostituting the woman or child.
   3. “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.
   4. “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.
2. “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
3. “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.
4. “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.
5. “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.
6. “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child.
7. “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.
8. “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:

1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. 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 money or properties, or solely controlling the conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
7. 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;
8. 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;
9. 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.

Excerpt From the Anti-sexual Harassment Act of 1995 (RA 7877)

“An Act Declaring Sexual Harassment Unlawful in the Employment,

Education, or Training Environment, 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 “Anti-Sexual Harassment

Act of 1995.”

. Declaration of Policy. - The State shall value the dignity of every

Section 2

individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

. Work, Education or Training -Related, Sexual Harassment Defined.

Section 3

- Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

1. In a work-related or employment environment, sexual harassment is committed when:
   1. The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
   2. The above acts would impair the employee’s rights or privileges under existing labor laws; or
   3. The above acts would result in an intimidating, hostile, or offensive environment for the employee.
2. In an education or training environment, sexual harassment is committed:
   1. Against one who is under the care, custody or supervision of the offender;
   2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
   3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or
   4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

Section 4. Duty of the Employer or Head of Office in a Work-related,

Education or Training Environment. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

1. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions thereof. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
2. Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be. The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

. Liability of the Employer, Head of Office, Educational or Training

Section 5

Institution. - The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken.

Excerpt From Health As a Human Right (RA 11223)

“An Act Instituting Universal Health Care for All Filipinos, Prescribing Reforms in the Health Care System, and Appropriating Funds Therefor” Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled.

Chapter I: General Provisions

Short Title. - This Act shall be known as the “Universal Health

Section 1.

Care Act”.

Section 2. Declaration of Principles and Policies. - It is the policy of the State to

protect and promote the right to health of all Filipinos and instill health consciousness among them. Towards this end, the State shall adopt:

1. An integrated and comprehensive approach to ensure that all Filipinos are health literate, provided with healthy living conditions, and protected from hazards and risks that could affect their health;
2. A health care model that provides all Filipinos access to a comprehensive set of quality and cost-effective, promotive, preventive, curative, rehabilitative and palliative health services without causing financial hardship, and prioritizes the needs of the population who cannot afford such services;
3. A framework that fosters a whole-of-system, whole-of-government, and whole-of-society approach in the development, implementation, monitoring, and evaluation of health policies, programs and plans; and D. A people-oriented approach for the delivery of health services that is centered on people’s needs and well-being, and cognizant of the differences in culture, values, and beliefs.

General Objectives. - This Act seeks to:

Section 3.

1. Progressively realize universal health care in the country through a systemic approach and clear delineation of roles of key agencies and stakeholders towards better performance in the health system; and (b) Ensure that all Filipinos are guaranteed equitable access to quality and affordable health care goods and services, and protected against financial risk.

Definition of Terms. - As used in this Act:

Section 4.

1. Abuse of authority refers to an act of a person performing a duty or function that goes beyond what is authorized by this Act and Republic Act No. 7875, otherwise known as the “National Health Insurance Act of 1995”, as amended, or their implementing rules and regulations (IRR), and is inimical to the public;
2. Amenities refer to features of the health service that provide comfort or convenience, such as private accommodation, air conditioning, telephone, television, and choice of meals, among others;
3. Basic or ward accommodation refers to the provision of regular meal, bed in shared room, fan ventilation, and shared toilet and bath;
4. Co-insurance refers to a percentage of a medical charge that is paid by the insured, with the rest paid by the health insurance plan;
5. Co-payment refers to a flat fee or predetermined rate paid at point of service;
6. Direct contributors refer to those who have the capacity to pay premiums, are gainfully employed and are bound by an employer-employee relationship, or are self-earning, professional practitioners, migrant workers, including their qualified dependents, and lifetime members;
7. Emergency refers to a condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty, there is immediate danger and where delay in initial support and treatment may cause loss of life or permanent disability to the patient, or in the case of a pregnant woman, permanent injury or loss of her unborn child, or a non-institutional delivery;
8. Entitlement refers to any singular or package of health services provided to Filipinos for the purpose of improving health;
9. Essential health benefit package refers to a set of individual-based entitlements covered by the National Health Insurance Program (NHIP) which includes primary care; medicines, diagnostics and laboratory; and preventive, curative, and rehabilitative services;
10. Fraudulent act refers to any act of misrepresentation or deception resulting in undue benefit or advantage on the part of the doer or any means that deviate from normal procedure and is undertaken for personal gain, resulting thereafter to damage and prejudice which may be capable of pecuniary estimation;
11. Health care provider refers to any of the following:
12. A health facility which may be public or private, devoted primarily to the provision of services for health promotion, prevention, diagnosis, treatment, rehabilitation and palliation of individuals suffering from illness, disease, injury, disability, or deformity, or in need of obstetrical or other medical and nursing care;
13. A health care professional who may be a doctor of medicine, nurse, midwife, dentist, or other allied professional or practitioner duly licensed to practice in the Philippines;
14. A community-based health care organization, which is an association of members of the community organized for the purpose of improving the health status of that community; or (4) Pharmacies or drug outlets, laboratories and diagnostic clinics.
15. Health care provider network refers to a group of primary to tertiary care providers, whether public or private, offering people-centered and comprehensive care in an integrated and coordinated manner with the primary care provider acting as the navigator and coordinator of health care within the network;
16. Health Maintenance Organization (HMO) refers to an entity that provides, offers, or covers designated health services for its plan holders or members for a fixed prepaid premium;
17. Health Technology Assessment (HTA) refers to the systematic evaluation of properties, effects, or impact of health-related technologies, devices, medicines, vaccines, procedures and all other health-related systems developed to solve a health problem and improve quality of lives and health outcomes, utilizing a multidisciplinary process to evaluate the social, economic, organizational, and ethical issues of a health intervention or health technology;
18. Indirect contributors refer to all others not included as direct contributors, as well as their qualified dependents, whose premium shall be subsidized by the national government including those who are subsidized as a result of special laws;
19. Individual-based health services refer to services which can be accessed within a health facility or remotely that can be definitively traced back to one (1) recipient, has limited effect at a population level and does not alter the underlying cause of illness such as ambulatory and inpatient care, medicines, laboratory tests and procedures, among others;
20. Population-based health services refer to interventions such as health promotion, disease surveillance, and vector control, which have population groups as recipients;
21. Primary care refers to initial-contact, accessible, continuous, comprehensive and coordinated care that is accessible at the time of need including a range of services for all presenting conditions, and the ability to coordinate referrals to other health care providers in the health care delivery system, when necessary;
22. Primary care provider refers to a health care worker, with defined competencies, who has received certification in primary care as determined by the Department of Health (DOH) or any health institution that is licensed and certified by the DOH;
23. Private health insurance refers to coverage of a defined set of health services financed through private payments in the form of a premium to the insurer; and (u) Unethical act refers to any action, scheme or ploy against the NHIP, such as overbilling, upcasing, harboring ghost patients or recruitment practice, or any act contrary to the Code of Ethics of the responsible persons profession or practice, or other similar, analogous acts that put or tend to put in disrepute the integrity and effective implementation of the NHIP.

Chapter II: Universal Health Care (UHC)

Section 5 . Population Coverage. - Every Filipino citizen shall be automatically

included into the NHIP, hereinafter referred to as the Program.

Service Coverage. -

Section 6.

1. Every Filipino shall be granted immediate eligibility and access to preventive, promotive, curative, rehabilitative, and palliative care for medical, dental, mental and emergency health services, delivered either as population-based or individual-based health services: Provided, That the goods and services to be included shall be determined through a fair and transparent HTA process;
2. Within two (2) years from the effectivity of this Act, PhilHealth shall implement a comprehensive outpatient benefit, including outpatient drug benefit and emergency medical services in accordance with the recommendations of the Health Technology Assessment Council (HTAC) created under Section 34 hereof;
3. The DOH and the local government units (LGUs) shall endeavor to provide a health care delivery system that will afford every Filipino a primary care provider that would act as the navigator, coordinator, and initial and continuing point of contact in the health care delivery system: Provided, That except in emergency or serious cases and when proximity is a concern, access to higher levels of care shall be coordinated by the primary care provider; and (d) Every Filipino shall register with a public or private primary care provider of choice. The DOH shall promulgate the guidelines on the licensing of primary care providers and the registration of every Filipino to a primary care provider.

Financial Coverage. -

Section 7.

1. Population-based health services shall be financed by the National Government through the DOH and provided free of charge at point of service for all Filipinos.

The National Government shall support LGUs in the financing of capital investments and provision of population-based interventions.

1. Individual-based health services shall be financed primarily through prepayment mechanisms such as social health insurance, private health insurance, and HMO plans to ensure predictability of health expenditures.

Chapter III: National Health Insurance Program

Section 8. Program Membership. - Membership into the Program shall

be simplified into two (2) types, direct contributors and indirect contributors, as defined in Section 4 of this Act.

Entitlement to Benefits. - Every member shall be granted immediate

Section 9.

eligibility for health benefit package under the Program: Provided, That PhilHealth Identification Card shall not be required in the availment of any health service: Provided, further, That no co-payment shall be charged for services rendered in basic or ward accommodation: Provided, furthermore, That co-payments and co-insurance for amenities in public hospitals shall be regulated by the DOH and PhilHealth: Provided, finally, That the current PhilHealth package for members shall not be reduced.

PhilHealth shall provide additional Program benefits for direct contributors, where applicable: Provided Provided, That failure to pay premiums shall not prevent the enjoyment of any Program benefits: Provided, further, That employers and self-employed direct contributors shall be required to pay all missed contributions with an interest, compounded monthly, of at least three percent (3%) for employers and not exceeding one and one-half percent (1.5%) for self-earning, professional practitioners, and migrant workers.

Excerpt From the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA 7610)

“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

Title. – This Act shall be known as the “Special Protection of

Section 1.

Children Against Abuse, Exploitation and Discrimination Act.”

Declaration of State Policy and Principles. – It is hereby declared to

Section 2.

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; 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 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. –

1. “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;
2. “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.
3. “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 above stated which endanger the life, safety or normal development of children.
4. “Comprehensive program against child abuse, exploitation and discrimination” refers to the coordinated program of services and facilities to protected children against:
5. Child Prostitution and other sexual abuse;
6. Child trafficking;
7. Obscene publications and indecent shows;
8. Other acts of abuses; and (5) Circumstances which threaten or endanger the survival and normal development of children.

Article II: Program on Child Abuse, Exploitation and Discrimination

Formulation of the Program. – There shall be a comprehensive

Section 4.

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

Child Prostitution and Other Sexual Abuse. – Children, whether

Section 5.

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:

1. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:
2. Acting as a procurer of a child prostitute;
3. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
4. Taking advantage of influence or relationship to procure a child as prostitute;
5. 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.
6. 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.

Excerpt From the Student’s Rights Against Unreasonable Searches and Seizures (Magna Carta of Student Rights)

Section 40. Right against Illegal Searches and Seizures: Any form of unlawful

and unreasonable search and seizures shall be illegal. Articles seized in violation of the herein above right shall be inadmissible in evidence against the student in disciplinary action that may be brought against him/her.

Excerpts From RA 8792

“An Act Providing for the Recognition and Use of Electronic Commercial and Non-Commercial Transactions and Documents, Penalties for Unlawful Use

Thereof, and for other purposes”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Part I: Short Title and Declaration of Policy

Section 1. Short Title - This Act shall be known as the “Electronic Commerce

Act of 2000.”

Section 2. Declaration of Policy - The State recognizes the vital role

of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information technology age, a labor force skilled in the use of ICT and a population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotion of technology; to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both telecommunications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities.

Part II: Electronic Commerce in General

Chapter I: General Provisions

Objective - This Act aims to facilitate domestic and international

Section 3.

dealings, transactions, arrangements agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public.

Sphere of Application - This Act shall apply to any kind of data

Section 4.

message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.

Section 5. Definition of Terms - For the purposes of this Act, the following

terms are defined, as follows:

1. “Addressee” refers to a person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic data document.
2. “Computer” refers to any device or apparatus which, by electronic, electro-mechanical, or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of these functions.
3. “Electronic Data Message” refers to information generated, sent, received or stored by electronic, optical or similar means.
4. “Information and Communications System” refers to a system intended for and capable of generating, sending, receiving, storing, or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document.
5. “Electronic Signature” refers to any distinctive mark, characteristic and/ or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
6. “Electronic Document” refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
7. “Electronic Key” refers to a secret code which secures and defends sensitive information that cross over public channels into a form decipherable only with a matching electronic key.
8. “Intermediary” refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores, provides other services in respect of that electronic data message or electronic document.
9. “Originator” refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document.
10. “Service provider” refers to a provider of -
    1. On-line services or network access or the operator of facilities therefor, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user’s choosing; or
    2. The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated third party.

Such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.

Excerpts From the Comprehensive Dangerous Drugs Act of 2002 (RA 9165)

“An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No 6425, Otherwise known as the Dangerous Drugs Act of 1972, as Amended, Providing Funds therefor, and for other

purposes”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress.

Section 1. Short Title. – This Act shall be known and cited as the

“Comprehensive Dangerous Drugs Act of 2002”.

Declaration of Policy. – It is the policy of the State to safeguard the

Section 2.

integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today’s more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs. It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.

Article I: Definition of Terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

1. Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/ herself unless administered by a duly licensed practitioner for purposes of medication.
2. Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
3. Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34, Article VIII of this Act.
4. Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.
5. Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.
6. Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.
7. Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.
8. Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.
9. Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.
10. Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.
11. Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.
12. Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
13. Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.
14. Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.
15. Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.
16. Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.
17. Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.
18. Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.
19. Instrument. – Anything that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.
20. Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.
21. Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.
22. Cannabis or commonly known as “Marijuana” or “Indian Hemp” or by its any other name. – Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.
23. Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or by its any other name. – Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
24. Methamphetamine Hydrochloride or commonly known as “Shabu”, “Ice”, “Meth”, or by its any other name. – Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
25. Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not.
26. Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes. (aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act. (bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations. (cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act. (dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines. (ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator. (ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act. (gg) School. – Any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site. (hh) Screening Test. – A rapid test performed to establish potential/ presumptive positive result.
27. Sell. - Any act of giving away any dangerous drug and/or controlled precursor and chemical whether for money or any other condition. (jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act. (kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, the dangerous drugs.

Article II: Unlawful Acts and Penalties

Importation of Dangerous Drugs and/or Controlled Precursors

Section 4.

and Essential Chemicals.- .The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a “financier” of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a “protector/coddler” of any violator of the provisions under this Section.

Excerpts From the Dangerous Drugs Board

Strategic Objectives

– The Dangerous Drugs Board (DDB) plans and formulates policies

Mandate

and programs on drug prevention and control. It develops and adopts a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy.

Vision – A drug-resistant Philippines that is safe and prosperous, through

a dynamic and responsive partnership between the government and society contributing towards global efforts to eradicate drug abuse.

Mission – To eradicate, through its implementing arm and other concerned

agencies, the supply of, and demand for, dangerous drugs and their precursors and to stop trafficking to and from the country; and to promote regional and international cooperation in drug prevention and control.

Excerpts From RA 9211

“An Act Regulating the Packaging, Use, Sale, Distribution and Advertisements

of Tobacco Products and for other purposes” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Short Title.—This Act shall be known as the Tobacco Regulation

Section 1.

Act of 2003.

Section 2. Policy.—It is the policy of the State to protect the populace

from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests of the workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interests of tobacco farmers, growers, workers and stakeholders are not adversely compromised.

. Purpose. — It is the main thrust of this Act to:

Section 3

1. Promote a healthful environment;
2. Inform the public of the health risks associated with cigarette smoking and tobacco use;
3. Regulate and subsequently ban all tobacco advertisements and sponsorships;
4. Regulate the labeling of tobacco products;
5. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors;
6. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and
7. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provisions of this Act.

Excerpts From RA 7277

“An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Disabled Person and Their Integration into the Mainstream of Society and for other Purposes.”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Title One: General Provisions

Chapter I – Basic Principle

Title. – This Act shall be known and cited as the Magna Carta for

Section 1.

Disabled Persons.

Section 2. Declaration of Polity. – The grant of the rights and privileges for

disabled persons shall be guided by the following principles:

1. Disabled persons are part of the Philippine society, thus the Senate shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society.

Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development and self-reliance of disabled persons.

It shall develop their skills and potentials to enable them to compete favorably for available opportunities.

1. Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone: the family, community and all government and non-government organizations. Disabled person’s rights must never be perceived as welfare services by the Government.
2. The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capability to attain a more meaningful, productive and satisfying life. To reach out to a greater number of disabled persons, the rehabilitation services and benefits shall be expanded beyond the traditional urban-based centers to community based programs that will ensure full participation of different sectors as supported by national and local government agencies.
3. The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage partnership in programs that address their needs and concerns.
4. To facilitate integration of disabled persons into the mainstream of society, the State shall advocate for and encourage respect for disabled persons. The State shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled persons.

Coverage. – This Act shall covers all disabled persons and, to

Section 3.

the extent herein provided, departments, offices and agencies of the National Government or non-government organization involved in the attainment of the objectives of this Act.

Title Two: Rights and Privileges of Disabled Persons

Chapter I – Employment

Section 5. Equal Opportunity for Employment. – No disabled persons shall

be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Five percent (5%) of all casual, emergency and contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons.

Chapter 2 – Education

Access to Quality Education. – The State shall ensure that disabled

Section 12.

persons are provided with adequate access to quality education and ample opportunities to develop their skills. It shall take appropriate steps to make such education accessible to all disabled persons. It shall be unlawful for any learning institutions to deny a disabled person admission to any course it offers by reason of handicap or disability. The State shall take into consideration the special requirements of disabled persons in the formulation of education policies and program. It shall encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities, class schedules, physical education requirements and other pertinent consideration. The State shall also promote the provision by learning institutions, of auxiliary services that will facilitate the learning process for disabled persons.

Chapter 3 – Health

Section 18. National Health Program. – Department of Health, in

coordination with National Council for the Welfare of Disabled Persons, shall institute a national health program which shall aim to attain the following:

1. prevention of disability, whether occurring prenatally or post-natally;
2. recognition and early diagnosis of disability; and (c) early rehabilitation of the disabled.

Excerpts From RA 9003

“An Act Providing for an Ecological Solid Waste Management Program, Creating the Necessary Institutional Mechanisms and Incentives, Declaring Certain Acts Prohibited and Providing Penalties, Appropriating Funds

therefor, and for other purposes.”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Chapter I: Basic Policies

Article 1: General Provisions

Section 1. Short Title. — This Act shall be known as the “Ecological Solid

Waste Management Act of 2000.”

Declaration of Policies. — It is hereby declared the policy of the

Section 2.

State to adopt a systematic, comprehensive and ecological solid waste management program which shall:

1. Ensure the protection of public health and environment;
2. Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;
3. Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;
4. Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration;
5. Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;
6. Encourage greater private sector participation in solid waste management;
7. Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector;
8. Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;
9. Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and (j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.

Article 2: Segregation of Wastes

Mandatory Segregation of Solid Wastes. — The LGUs shall

Section 21.

evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further, That wastes shall be segregated into the categories provided in Sec. 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to:

1. provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and (b) notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto.

Requirements for the Segregation and Storage of Solid Waste. —

Section 22.

The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection:

1. There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other classification as may be determined by the Commission.

Article 3: Collection and Transport of Solid Wastes

Section 25. Guidelines for Transfer Stations. — Transfer stations shall be

designed and operated for efficient waste handling capacity and in compliance with environmental standards and guidelines set pursuant to this Act and other regulations: Provided, That no waste shall be stored in such station beyond twenty-four (24) hours.

The siting of the transfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal facility. The design shall give primary consideration to size and space sufficiency in order to accommodate the waste for storage and vehicles for loading and unloading of wastes.

Excerpts From RA 11313

“An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing

Protective Measures and Prescribing Penalties Therefore”

Short Title. –This act shall be known as the “Safe Spaces Act”.

Section 1.

Definition of Terms. – As used in this Act:

Section 3.

1. Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;
2. Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them;
3. Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing one’s photos without consent, video and audio recordings, cyberstalking and online identity theft;
4. Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identify with physiological characteristics of the opposite sex in which case this person is considered transgender:
5. Public spaces refer to streets and alleys, public parks, schools, building, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas; and (h) Stalking refers to conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.

Article I: Gender-Based Streets and Public Spaces

Sexual Harassment

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. – The

crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.

Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment

in Streets and Public Spaces . – The following acts are unlawful and shall be penalized as follows:

1. For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identify and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety-(1) The first offense shall be punished by a fine of One thousand pesos (P1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW;
   2. The second offense shall b e punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos (P3,000.00);
   3. The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos (P10,000.00).
2. For acts such as making offensive body gestures at someone, and exposing private parts for the sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions – (1) The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;
   2. The second offense shall be punished by arresto meno r (11 to 30 days) or a fine of Fifteen thousand pesos (P15,000.00):
   3. The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of Twenty thousand pesos (P20,000.00).
3. For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when accompanied by touching, pinching or brushing against the body of the offended person; or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b) –
   1. The first offense shall be punished by arresto menor (11 to 30 days) or a fine of Thirty thousand pesos (P30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;
   2. The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty thousand pesos (P50,000.00)
   3. The third offense shall be punished by arresto mayor in its maximum period or a fine of One hundred thousand pesos (P100,000.00):

Article II: Gender Based Online Sexual Harassment

Gender-Based Online Sexual Harassment. – Gender- based

Section 12.

online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual, misogynistic , transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online, impersonating identifies of victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.

Section 14. Penalties for Gender-Based Online Sexual Harassment . - The

penalty of prision correccional in its medium period or a fine of not leass than One hundred thousand pesos (P100,000.00) but not more than five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of any gender-based online sexual harassment.

Article VI: Common Provisions

Confidentiality. - At any stage of the investigation, prosecution

Section 26.

and trial of an offense under this Act, the rights of the victim and the accused who is a minor shall be recognized.

Restraining Order. - Where appropriate, the court, even before

Section 27.

rendering a final decision, may issue an order directing the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the residence, school, place of employment, or any specified place frequented by the offended person.

Remedies and Psychologcial Counselling. - A victim of gender-

Section 28.

based street, public spaces or online sexual harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services with the aid of the LGU and the DSWD, in coordination with the DOH and the PCW. Any fees to be charged in the course of a victim’s availment of such remedies or psychological counselling services shall be borne by the perpetrator.