AGRA: NOTES FOR FINALS

__________________________________________________________ __________________________________________________________
LIABILITY of Private Employment Agencies:
(a ) JOINTLY and SEVERALLY liable with the EMPLOYER for all the:
DOMESTIC WORKERS ACT: 1. wa ges ; and
BATAS KASAMBAHAY 2. other benefits due to a domes tic worker
__________________________________________________________
__________________________________________________________
*Is considered as SOCIAL LEGISLATION which IS ENACTED BY:
(a ) President
(b) Legislature
Recruitment and FINDERS FEES:
(a ) Whether hi red di rectl y or not, NO SHARE in the
*Is PENAL because it imposes penalties.
Recrui tment or Finders fees shall be charged agains t the
__________________________________________________________
domes ti c worker.
What are the guarantees provided therein?
__________________________________________________________
*Protects the ri ghts and gra nts pri vileges of the kasambaha y.
EMPLOYMENT CONTRACT: INDISPENSABLE
__________________________________________________________
(a ) Whether hi red di rectl y or not, there mus t be a n
Domestic Worker:
EXECUTED Employment Contra ct BEFORE the
A person ENGAGED to work:
commencement of the servi ce.
(a ) For a househol d;
(b) DW mus t be gi ven a copy of the EC as well .
(b) Wi thin an employment rela tionship __________________________________________________________
TERMS and CONDITIONS of EMPLOYMENT:
__________________________________________________________ at least 3 adequate meals a day minimum requi rement.
This Act Applies ONLY to: weekly rest period of at least 24 consecutive hours s hall be
(a ) domes tic workers working WITHIN the Philippines (whether on a agreed upon.
li ve-in or li ve-out agreement); right to privacy all forms of communi ca tion
(c) hi red SPECIFICALLY to perform household work; access to outside communication a vailable onl y duri ng free time,
(d) Performs domesti c work in 1 HOUSEHOLD (not corpora tion);
except during emergency.
and
(e) On an OCCUPATIONAL BASIS PROBLEM: Should the DW make use of the employers telephone or
other communi cation fa cilities . Who will pa y for the expenses?
NOT a Domestic Worker:
(a ) NO speci fi c enga gement (to perform household work); General Rule: the cost shall be borne by the DW.
(b) persons who perform domes ti c work OCCASSIONALLY onl y; Exception:
a . EX: Chil dren who a re under fos ter fa mil y (a ) duri ng EMERGENCY situa tions
a rrangement (b) WAIVED by the employer
(c) Employee for a CORPORATION;
__________________________________________________________ right to education and training The employer shall a fford the DW
MINIMUM Age Requirement: the opportuni ty to finish basic educa tion. Appli cable to the extent the
(a ) 15 yea rs old employer is willing to shoulder, and as fa r as pra cti cable. Kahi t law
__________________________________________________________ s chool pa yan!
2 Options of HIRING:
(a) Private Employment Agency (PEA) should requi re the The employer shall ADJUST the work schedule of DW to allow such
DW to submi t: access to education. Flexible working s chedule.
1. Medi cal Health Certifi ca te
2. Ba ranga y and Police Clea rance NOTE: DW cannot be assigned to work in a commercial , indus trial or
3. NBI Clea rance
agri cul tural enterprise a t a wage ra te lower tha n that provided for
4. IDs wherein the bi rth da te of the DW is agri cul tural or non-agri cul tural workers .
indi ca ted: e.g., passport, dul y authenti cated bi rth certifi ca te,
voters id etc. NOTE: In case of doubt, i t shall be liberall y cons trued INFAVOR OF THE
OR DW.
(b) Directly ma y also requi re the after mentioned __________________________________________________________
documents . OBLIGATIONS of DW:
Render satisfactory service at all times no a ctual measure , as long
NOTE: The cos t of the said DOCUMENTS shall be borne by the as you compl y wi th the servi ces s tipula ted in the con tra ct.
PROSPECTIVE:
(a ) Employer; or NOTE: INFORMATIONS di vul ged by the DW a re:
(b) Agency
__________________________________________________________
General Rule: They a re PRIVILEGED in cha ra cter and therefore
EMPLOYMENT AGENCIES that recruit domestic workers must: INADMISSIBLE in evidence.
(a ) Obtain a LICENSE and AUTHORITY to recrui t; EXCEPT: When the sui t invol ves employer or any member of the
(b) From the REGIONAL OFFICE of the DOLE ha ving household in a CRIME agains t:
jurisdi ction over the pla ce where the recrui tment a cti vi ties (a ) Persons
will be underta ken; (b) Property
 AGRA: NOTES FOR FINALS
(c) Personal Liberty and Securi ty
(d) Chasti ty
PROBLEM: When will the pri vilege communi cation commence or the
reckoning period?
ANSWER: Even at the ti me where the prospecti ve E and prospecti ve
DW were talking in view of the profession.
__________________________________________________________
PROHIBITED ACTIVITIES:
Prohibited against deposit for loss or damage E ca nnot oblige the
DW to ma ke deposi ts to ans wer for loss dama ge to tools, ma terials,
furni ture and equipment in the household.
Prohibition on debt bondage - appli cable ONLY when:
(a ) Where the length and nature of servi ce is not clearl y defined; or
(b) When the val ue of the servi ce is NOT RESONABLL applied in the
pa yment of the debt.
PROBLEM: Wha t if your debt is P1M?
ANSWER: Still not applicable. Moreover, the servi ce requi red would
amount to lifeti me.
__________________________________________________________
MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT of 1995
__________________________________________________________
*Is considered as SOCIAL LEGISLATION which IS ENACTED BY:
(a ) President
(b) Legislature
*Is PENAL because it imposes penalties.
RA 8042 was amended by: 9422, 10022
Was it amended totally? NO. Only certain provisions were amended
by 10022.
Republic Act 10022: IMPORTANCE
Enumerates the declared policies
Uplifts the dignity of the workers (either Domestic
Workers or OFW)
Protection of labor
IMPORTANCE OF THE DECLARED POLICIES:
*guides the State.
_______________________________________________________
Does the amended law have retroactive application? No, because the
amended law does not contain a provision stating that it can be applied
retroactively. This is in accordance w ith Article 4 of the Philippine Civil
Code w hich states that Laws shall have no retroactive effect, unless the
contrary is provided.
_______________________________________________________
MIGRANT WORKER:
(a ) is an overseas Filipino worker;
(b) a person who is TO BE engaged or HAS BEEN engaged in a
REMUNERATED ACTIVITY in a country of whi ch
(1) he is NOT A CITIZEN; or
(2) on BOARD a VESSEL na viga ting the Forei gn Seas
*other than a government ship used for milita ry or
non-commercial purposes; or
* on an ins tallation loca ted offshore or on hi gh
seas.
__________________________________________________________
POEA vs. OWWA:
The Philippine O verseas Employment Administration (PO EA) and O verseas
Workers Welfare Administration (O WWA) are sister agencies . They are both
under the Department of Labor and Employment (DOLE) and were established
to protect the welfare of overseas Filipino workers (O FWs).
POEA: is the agency that the worker will go to before he leaves to work
abroad. M ost of the things that an O FW would do to ensure legal status would
be done at POEA.So for complaints and assistance prior to the deployment of
O FW, go to PO EA. (*licensing, *policies )
OWWA: is the agency to go to once the worker is already deployed
overseas. D ocumented O FWs go to O WWA to know their benefits and how to
avail them. This is also the agency to go to request for assistance or if there
are complaints regarding foreign employers . (Agency that will carry out the
policues promulgated by PO EA. In charge for the general welfare of the
Migrant Workers )
________________________________________________________
WHAT IS THE RULE ON REPATRIATION? It depends:
(A) Emergency Repatriation: OWWA to be reimbursed by the POEA.
(b) If the OFW Refused: POEA shall be pri ma ril y responsible.
________________________________________________________
Engaged in a remunerated activity wherein an appli cant worker
has been PROMISED or ASSURED empl oyment overseas .
________________________________________________________
Placement Fee: A pla cement fee ma y be cha rged agains t the Overseas
Filipino Worker equi valent to one (1) month basic salary speci fied in
the POEA approved contra ct, except for the following:
a . Domesti c workers ; and
b. Workers to be deployed to countries where the prevailing s ys tem,
ei ther by law, poli cy or pra ctice do not allow, di rectl y or indi rectl y, the
cha rging and collecti on of recrui tment/placement fee.
NOTE: The worker shall pa y the placement fee to the li censed
recrui tment agency onl y AFTER signing the POEA approved contra ct.
They can choose to pa y onl y half of the placement fee a t this point.
The other half can be paid when the agency gi ves the plane ti cket and
other tra vel documents of the OFW. Recrui tment a gencies should not
collect pla cement fees before an employment contra ct is signed.
__________________________________________________________
Why is it that some OFWs get to work out of the country without
paying placement fee? Some deployi ng countries prohibi t collection of
pla cement fees. Also, other OFWs a re fortuna te enough not to pa y
pla cement fees because thei r recrui tment agency has found an
employer that is willing to shoulder the a mount for the appli cant.
__________________________________________________________
Who are exempted from paying placement fees? Philippine law
prohibi ts seabased recrui tment a gencies from cha rging pla cement fees
and any other recruitment fees to seafa rers . Household servi ce
workers (HSWs) and ca regi vers a re also exempted from pa yi ng
pla cement fee.
__________________________________________________________
Costs and Fees Chargeable Against the Principal/Employer: The costs
of recruitment and placement shall be the responsibility of
principal/employer, which cover payment for the following: a . Visa,
including the sta mping fee; b. Work permit and residence permit; c.
Round trip ai rfa re; d. Transporta tion from the ai rport to the jobsi te; e.
POEA processing fee; f. OWWA membership fee; and g. Addi tional
trade tes t/assessment, i f requi red by the principal /empl oyer.
__________________________________________________________
MW can be deployed ONLY in:
 AGRA: NOTES FOR FINALS
(1) The RECEIVING COUNTRY where the RIGHTS of Filipino Workers
are PROTECTED:
(a ) The RECEIVING COUNTRY mus t ha ve existi ng labor and social laws
protecting the ri ghts of migra nt workers ;
(b) The RECEIVING COUNTRY mus t be a signa tory or a ra tifier of
mul tilateral conventions, decla ra tions , or resolutions relating to the
protection of workers , including mi grant workers ; or
(c) The RECEIVING COUNTRY mus t ha ve concluded a bila teral
agreement wi th the Philippine Governemnt on the protecti on of the
ri ghts of the Overseas Filipino Workers .
How about for the Filipino Sea farers ?
(2) VESSELS navigating the foreign seas or to installations located
offshore or on high seas will be allowed only when the owners or
employers are compliant with the international laws and standards
that protect rights of migrant workers.
For International Opera tions:
(3) Must comply with the STANDARDS and CONDITIONS embodied in
the employment contracts prescribed by the POEA.
NOTE: Absence of the foregoing requisites will render the POEA not to
issue DEPLOYMENT PERMIT.
________________________________________________________
LIABILITY FOR DISREGARDING SAID REQUIREMENTS:
(a) Members of the POEA: REMOVAL or DISMISSAL from servi ce.
wi th disqualifi cation to hold appointi ve publi c offi ce for
5 yea rs .
(b) Government Officials or Employees: the same penal ty
__________________________________________________________
COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED MW:
NO cos t to the worker. Otherwise, the li cence of such a gency will be
CANCELLED. ALL members therein shall be DISQUALIFIED from
engaging in the said employment or profession.
__________________________________________________________
PRIMARY RESPONSIBILITY OF THE RECRUITMENT AGENCY:
(a) REPATRIATION of Overseas Worker. (e.g., Repa triati on of remains
of the deceased worker); AND
(b) TRANSPORT of his personal belongings .
IN BOTH CASES, ALL cos t attendant to repa tria tion and transport of the
personal belongings shall be borne by or cha rged to the agency
concerned and/or i ts principal .
NOTE: repatriation now rests w ith the principal or agency without a prior
determination of the cause of the termination of the workers employment.
Upon the w orkers return to the country, the principal or agency may
recover the cost of repatriation from the worker if the termination of
employment w as due solely to his or her fault.
__________________________________________________________
EMERGENCY REPATRIATION: The OWWA (Overseas Workers Welfa re
Administra tion), in coordi nation wi th appropria te interna tional
agencies shall underta ke the repa tria tion of workers . Subject to
REIMBURSEMENT by the responsible principal or agency. If
unidentified, OWWA shall shoulder the expenses .
__________________________________________________________
REPATRIATION OF UNDERAGE MIGRANT WORKERS:
*Mandatory
Liability of the agency that deployed the minor:
*AUTOMATIC REVOCATION of Li cence; and
*Fi ne
__________________________________________________________
Illegal recruitment: shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and
includes referring, contract services, promising or advertising for
employment abroad, w hether for profit or not, when undertaken by
nonlicensee or nonholder of authority contemplated under Artic le 13 (f) of
Presidential Decree No. 442, as amended, otherw is e known as the Labor
Code of the Philippines: Provided, that any such nonlicensee or
nonholder who, in any manner, offers or promises for a Fee employment
abroad to two or more persons shall be deemed so engaged.
NOT E: To be liable for illegal recruitment, there must be failure to deploy
a contracted worker without a valid reason as determined by the
Department of Labor and Employment.
NOT E: to be considered as a contracted worker, said seafarers
employment contract has already been processed by the POEA for
overseas deployment.
__________________________________________________________
SYNDICATED ILLEGAL RECRUITMENT: Illegal recruitment is deemed
committed by a syndicate if carried out by a group of 3 or more persons
conspiring or confederating w ith one another.
__________________________________________________________
LARGE-SCALE ILLEGAL RECRUITMENT: Illegal recruitment is
deemed large scale if committed against 3 or more persons individually
or as a group.
__________________________________________________________
ECONOMIC SABOTAGE: Illegal recruitment is considered an offensiv e
involving economic sabotage when committed by a syndic ate or in large
scale.
__________________________________________________________
Who are the persons that can be held crim inally liable for acts
constituting illegal recruitment and prohibited acts? Principals,
accomplices and accessories. In case of juridical persons, the offic ers
having ownership, control, management or direction of their business
who are responsible for the commission of the offense and the
responsible employees/agents thereof shall be liable.
__________________________________________________________
LIABILITY
(a) RA 10022
* Mala Prohibi ta
* Special Penal
(b) ESTAFA:
* Mala Inse
* RPC
__________________________________________________________
DIFFERENCE between the 2:
*2 di ferent laws
*2 di fferent elements
__________________________________________________________
AUTHORITY: Na tural
LICENSE: Juridi cal
__________________________________________________________
RECRUITED: Onl y NATURAL, not juri dical .
__________________________________________________________
JURIDICAL PERSONS LIABILITY:
*cannot be i mprisoned
*devol ved upon the offi cers responsible
__________________________________________________________
WILL THE CRIMINAL LIABILITY AUTOMATICALLY ATTACHED TO
THEM? No. There mus t be showing tha t these offi cers ha ve evinced in
thei r obliga tions . It has to be proven beyond reasonable doubt
__________________________________________________________
Serrano v. Gallant Maritime: tha t limiting wa ges that should be
recovered by a n illegall y dismissed overseas worker to three months is
 AGRA: NOTES FOR FINALS
both a vi olation of due process and the equal protection clauses of the
Cons ti tution.
__________________________________________________________
STO. TOMAS vs. SALAC: The corporate officers and directors of a private
recruitment company engaged in illegal recruitment are not automatically
liable.
*There must first be a finding that they were remiss in directing the affairs of
that company.
*The issue became moot and academic. It appears that during the pendency
of this case in 2007, RA 9422 (An Act to Strengthen the Regulatory Functions
of the POEA) was passed which repealed Sections 29 and 30 of RA 8042.
__________________________________________________________
PENALTIES TO BE IMPOSED:
*Imprisonment and Fine no dis cretion on the pa rt of the
court to choose ei ther.
__________________________________________________________
PENALTIES FOR ALIEN OFFENDER:
1. IMPRISONMENT,
2. PENALTIES AND FINE; a nd
3. DEPORTATION after servi ce of sentence
__________________________________________________________
AUTOMATIC REVOCATION OF LICENSE:
*AFTER Convi ction
(In every case, conviction shall cause and carry the automatic revocation
of the license or registration of the recruitment/manning agency, lending
institution, training school or medical clinic.)
Is the revocation PERPETUAL? The law is SILENT.
We only have 2 ESSENTIAL ELEMENTS:
(1) The OFFENDER; and
(2) The one commi tting the a ct
__________________________________________________________
Ques tions :
1. Wha t is the las t a ct punishable under Sec. 5?
2. Can an offender be simul taneousl y prosecuted of Esta fa and
vi olation of the a ct?
__________________________________________________________
LIABILTY OF MEMBERS:
Joint and Several Liability refers to the nature of liability of the
pri ncipal/employer a nd the li censed recrui tment agency, for any and
all claims a rising out of the implementa tion of the employment
contra ct invol ving Overseas Filipino Workers . It shall likewise refer to
the na ture of liability of pa rtners , or offi cers and di rectors wi th the
pa rtnership or corpora tion over claims a rising from an employer-
employee rela tionship.
__________________________________________________________
EXCEPTIONS TO THE SOLIDARY LIABILITY RULE:
(a ) When the workers themselves were the ones who insis ted tha t
recrui tment a gency to send them ba ck abroad despi te thei r knowledge
tha t the forei gn employer might not be able to pa y thei r wages
because of financial difficul ties and they agreed not to hold the agency
responsible therefor.
(b) when the workers were recrui ted by the supposed recrui tment
agency wi thout the latters knowledge and consent. (See Ilas vs . NLRC)
DURATION OF LIABILITY: Duri ng the dura tion of employment contra ct.
__________________________________________________________
Legal Assistance Fund: shall be used exclusively to provide reasonable
legal services to migrant workers and overseas Filipinos in distress in
accordance with the approved guidelines, criteria and procedures of the
Department of Foreign Affairs.
__________________________________________________________
PATERNITY LEAVE ACT OF 1996
__________________________________________________________
*Filai tion
*Fa ther
__________________________________________________________
Why is it Social Legislation? Because i t lend support to his wife (period
of recovery); and/or nursing of the newl y-born child.
__________________________________________________________
COVERAGE: covers ma rried male employees in both the PUBLIC a nd
the PRIVATE sector, BECAUSE the needs of a fa ther working in both
sectors a re the same.
*APPLICABLE regardless of their employment status which
may be probationary, regular, contractual or project basis.
Provided, that the employee must have rendered at least ONE
YEAR of service.
__________________________________________________________
Paternity leave: refers to the lea ve benefits gra nted to a ma rried
male employee allowing him not to report for work for seven (7) da ys
but continues to ea rn the compensa tion therefor, on the condi tion
tha t his spouse has deli vered a child or suffered a mis ca rriage for the
purpose of lending support to his wi fe during her period of recovery
and/or in nursing of the newl y born child.
__________________________________________________________
Delivery: refers to childbi rth or mis ca rriage.
*Deli very = Pregnancy NOT number of children
__________________________________________________________
REQUIREMENTS:
(a) The new fa ther mus t be legall y ma rried to the mother of
the newborn child;
(b) He is an employee a t the ti me of bi rth or mis ca rriage ;
(c) He is cohabiting wi th his wi fe at the ti me she gi ves bi rth
or suffers a mis ca rriage ;
(d) He has applied for paterni ty lea ve wi thin a reasonable
time from the expected date of deli very of his pregnant wife
or wi thin such peri od as provided by company rules or by
collecti ve ba rgaining agreement;
(e) His wi fe has gi ven bi rth or suffered a misca rria ge .
__________________________________________________________
Non-Convertable and Non-Comulative: If the employee does not a vail
of the pa terni ty lea ve, this benefit is not convertible to cash nor is it
cumula ti ve.
*Beca use moral and physi cal support is needed.
__________________________________________________________
Availment: ca n be enjoyed before, during or a fter the deli very;
provided, tha t the total number of da ys shall not exceed seven (7) da ys
for ea ch deli very.
__________________________________________________________
Duration of paternity leave: 7 Calenda r da ys wi th full pa y, consisting
of basic pa y and manda tory allowances .
__________________________________________________________
Limits: This benefi t is appli cable to the fi rs t four (4) deli veries of the
spouse of the employee wi th whom he is Cohabi ting.
__________________________________________________________
NOTIFICATION REQUIREMENT: Does NOT a ppl y to mis ca rriage or
aborti on.
*Applica tion is in the na ture of notifi ca tion form.
PROOF: Bi rth, Dea th, or Medi cal Certifi ca te as the case ma y be.
__________________________________________________________
 AGRA: NOTES FOR FINALS
PENALTY: Fine OR Imprisonment
(a ) Viola tion by the corpora tion: Liability upon responsible
officers .
__________________________________________________________
Nondimibution Clause: This a ct shall not be cons trued to reduce any
exis ting benifi ts granted by other laws .
*Pa terni ty lea ve is over and above other benefi ts being
enjoyed by other employees .
__________________________________________________________
SOLO PARENTS WELFARE ACT OF 2000
__________________________________________________________
Who is considered under the law as a solo parent?
Any indi vidual who falls under any of the following ca tegories is
considered as a single pa rent:
[1] A woman who gi ves birth as a resul t of rape a nd other cri mes
agains t chasti ty even wi thout a final convi ction of the offender:
Provided, Tha t the mother keeps and raises the child;
[2] Pa rent left sol o or alone wi th the responsibility of pa renthood due
to dea th of spouse;
[3] Pa rent left sol o or alone wi th the responsibility of pa renthood while
the spouse is detained or is serving sentence for a criminal convi ction
for a t leas t one yea r;
[4] Pa rent left sol o or alone wi th the responsibility of pa renthood due
to physi cal and/or mental incapa ci ty of spouse as certi fied by a publi c
medi cal pra cti tioner;
[5] Pa rent left sol o or alone wi th the responsibility of pa renthood due
to legal sepa ration or de fa cto sepa ra tion from spouse for a t least one
yea r, as long as he/she is entrusted wi th the cus tody of the children;
[6] Pa rent left sol o or alone wi th the responsibility of pa renthood due
to decla ra tion of nulli ty or annulment of ma rria ge as decreed by a
court or by a church as long as he or she is entrusted wi th the cus tody
of the children;
*Cus tody mus t be awa rded to the Solo Pa rent.
[7] Pa rent left sol o or alone wi th the responsibility of pa renthood due
to abandonment of spouse for a t least one year;
*should there be court declara tion? Yes, abandonment must
be due to legal sepa ra tion.
[8] Unma rried mother or father who has preferred to keep and rea r
the child or children instead of ha ving others ca re for them or gi ve
them up to a welfa re ins ti tution;
[9] Any other pers on who solely provi des pa rental ca re and support to
a child or children;
[10] Any fa mil y member who assumes the responsibility of head of
fa mil y as a resul t of the dea th, abandonment, disappeara nce or
prolonged absence of the pa rents or solo pa rent.
A change i n the s ta tus or ci rcumstance of the pa rent claiming benefi ts
under this Act, such tha t he/she is no longer left alone with the
responsibility of pa renthood, shall termina te his/her eligibili ty for
these benefi ts.
Who are considered as children under RA 8972?
(a ) li ving wi th and dependent upon the solo pa rent for
support;
(b) unmarried,
(c) unemployed; and
(d) not more than eighteen yea rs of age, or
(e) even over ei ghteen yea rs but a re i ncapable of self-support because
of mental or physi cal disability.
Work Discrimination wha t the other employers enjoys should not
be denied to the sol o parent.
__________________________________________________________
What is the so-called single parent leave?
Section 8 of Republic Act No. 8972 states that in addition to leav e priv ileges under
existing laws, parental leav e of not more than sev en (7) working day s ev ery y ear
shall be granted to any solo parent employ ee who has rendered serv ice of at least
one (1) y ear. Please take note of the phrase in addition to leav e priv ileges under
existing laws.
__________________________________________________________
IS PARENTAL LEAVE RETROACTIVE SINCE THE LAW TOOK EFFECT LAST
NOVEMBER 2000? No. Pa rental lea ve is noncumulati ve and can be
a vailed onl y during the current yea r. Further, i t can onl y be a vailed
after the issuance of the Solo Pa rent ID.
__________________________________________________________
The 7 day Parental Leave: Non-cumulati ve and not convertible to cash,
if unused.
*Pre-judicial to the employer because the presumption is
tha t your wi fe ma y gi ve bi rth every yea r.
__________________________________________________________
Conditions for Entitlement of Parental Leave: A solo parent shall be entitled to
parental leav e prov ided that:
(a) He/She has rendered at least one (1) y ear of serv ice whether continuous or
broken at the time of the eff ectiv ity of the Act;
(b) He/She has notif ied his/her employ er of the av ailment thereof within a
reasonable time period; and
(c) He/She has presented a Solo Parent Identif ication Card to his/her employ er.
*regardless of income.
*ID indispensable.
*ALL requirements must concur at the same time.
__________________________________________________________
SENIOR CITIZENS ACT
__________________________________________________________
Senior citizen or elderly:
(a) Any resident citizen of the Philippines at least sixty (60) years old;
(b)it may apply to SC w ith dual citizenship status, provided they prove
their Filipino Citizenship; and have at least 6 months residency in the
Philippines.
*w hat is the reckoning period?
__________________________________________________________
If a group of 5 compri sed of four (4) NonSenior Citizens and one (1 ) Senior
Citizen dines in a restaurant, how should the group be billed? (Total Bills
di vi ded by the number of cus tomers )(Less 12% VAT mul tipl y by 20%
dis count).
*this formula is appli cable i f the transaction wi th the Senior
Ci ti zen is not processed sepa ra tel y.
__________________________________________________________
Is there a m axim um am ount or cap on the discount that m ay be
granted to Senior Citizens? For exam ple, m ay a restaurant lim it
the grant of discount to Senior Citizens to P40 even if the
com puted 20% discount am ount is higher than P40? No. The
example above is in violation of the Rules and Regulations
implementing RA No. 9994 and RR No. 72010, as amended by RR
No. 82010. In no case shall the discount granted to Senior Citizens in
the example be less than 20%. There should be no fixed, maximum
amount or cap w hich w ill limit the discount below the rate of 20%.
 AGRA: NOTES FOR FINALS

The 20% discount shall be given to goods purchased by Senior
Citizens based on the selling price exclusive of VAT.
__________________________________________________________
Is Senior Citizens ID required? No. Other IDs showing the a ge and
Filipino ci ti zenship will suffice.
*Remember, NO double dis counts. Alwa ys appl y whi ch is
hi gher and more fa vourable.
__________________________________________________________
For set m eals, w hat are the rules? The 20% discount and VAT
exemption shall also apply to set meals purchased by Senior
Citizens, provided, that the meal shall be limited to a s ingleserving
meal w ith beverage for an indiv idual senior citizen. In case the set
meal is not limited to a single serving and is shared w ith NonSenior
Citizens, the value of the food purchase attributable to the Senior
Citizen may be computed in accordance w ith the for mula stated in A1
of this Circular.
__________________________________________________________
NOTE: Bulk orders are w ithin the context of precontracted or
prearranged group meals or pac kages, and hence, not entitled to
20% discount and VAT exemption
__________________________________________________________
Pasalubong food items w hich are singleserving/ solo meal for the
personal and exclus ive consumption of the Senior Citizen are entitled
to the 20% discount, as w ell as the exemption from VAT. How ever,
other pasalubong food items (e.g. box of biscocho, bottles or jars of
ginamos, several pac kets of mango preserves, etc) w hich are not for
the personal and exclus ive consumption of the Senior Citizen are
NOT entitled to 20% discount and VAT exemption. This limitation
extends to novelty items or nonconsumables sold in restaurants.
__________________________________________________________
MEDICAL RELATED PRIVILEGES:
*there is a ma xi mum tablet requi red (1 month = 30 tablets)
*there mus t be a pres cripti on from a doctor.
__________________________________________________________
DOMESTIC TRANSPORTATION PRIVILEGES:
*Air and Sea Transportation: a ppli cable to fa re and advanced booking.
Wal k-ins ? The law is silent.
*Public Land Transportation: Yes , especiall y if the pa yment is through
credit ca rd.
__________________________________________________________
NOTE: Availing the benefi ts not for the exclusi ve use or enjoyment of
the ci tizen is not allowed and subject for consequences provided by
law.
__________________________________________________________
SOCIAL SECURITY ACT OF 1997
__________________________________________________________
*Da te of Effecti vel y = Da te of Covera ge
*Before: onl y covers those wi th employee -employer rela tionship.
*Now: also covers those who a re self-employed
__________________________________________________________
VALIDITY: legi tima te exercise of Poli ce power. In line wi th the
consti tutional provision on the promotion of SOCIAL JUSTICE to insure
the well-being a nd economi c securi ty of all the people.
__________________________________________________________
CONSTRUCTION: Liberall y construed in fa vour of the benefi ciaries .
__________________________________________________________
SSL is NOT a LAW ON SUCCESSION: the one who will recei ve the
benefi ts will be the designated benefi ciary. If none or if the designa tion
is void, the hei rs will enjoy the benefi ts.
__________________________________________________________
NOT for raising revenues: but for the promotion of the general
Welfa re.
VOLUNTARY COVERAGE:
(a) Housewi fe or househusband (spouse who devote full time
in mana ging the household and famil y affai rs)
*Is this also applicable to kabi t? Yes . Because it is
volunta ry.
(b) Filipinos recrui ted for overseas employment by forei gn -
based employers .
GSIS
Can you avail both SSS and GSIS? Yes, because there is no law
prohibi ting such. Moreover, they a re two different enti ties .
Coverage: Ma nda tory on government employees. (See complete list)
Who is the employer? Is that the absolute rule? No. See Special
members .
Example: Judi ciary
Exemption to the Exemption: Court Personnel
2 Kinds of Coverage:
(a) Compulsory:
*Monthl y Contribution
*Si ne quano requi rement
*presupposes employee-employer relati onship.
*There mus t been an employee-employer relationship.
(b) Voluntary: Ha ppens when. . .
Are there employees who do not have employers? Yes.
Example:
*Job ordered employees
*project- based employees
They a re not covered because there is no employee -employer
rela tionship.
__________________________________________________________
have not reached the compulsory age retirement of 60 (optional) or
65 (mandatory) Except the judi ciary whose manda tory reti rement is
upto 70 yea rs of age.
VAWC
Define VAWC
When is VAWC Applicable?
PHILHEAL TH
__________________________________________________________
Nature? It is a social i nsurance progra m intended to answer for
utiliza tion or purchase of health servi ces by covered benifi cia ries.
Is Cancer included? NO.
NOTE: Law does not pres cribe tha t one should be hospitalised for 24
hours before one could a vail PHILHEALTH.