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1. Who are the qualified dependents of Phil Health members?

ANSWER: Dependent the legal dependents of a member who are the:


1. Legitimate spouse who is not a member;
2. Unmarried and unemployed legitimate, legitimated, acknowledged, illegitimate children
and legally adopted or stepchildren below twenty-one (21) years of age;
3. Children who are twenty-one (21) years old or above but suffering from congenital
disability, either physical or mental, or any disability acquired that renders them totally
dependent on the member for support, as determined by the Corporation;
4. Foster child as defined in Republic Act 10165 otherwise known as the Foster Care Act of
2012 ;
5. Parents who are sixty (60) years old or above, not otherwise an enrolled member, whose
monthly income is below an amount to be determined by the Corporation in accordance
with the guiding principles set forth in the Act; and,
6. Parents with permanent disability regardless of age as determined by the Corporation,
that renders them totally dependent on the member for subsistence.

a. What is the no balance billing policy?

ANSWER: No other fee or expense shall be charged to the indigent patient, subject
to the guidelines issued by the Corporation. AH necessary services and complete
quality care to attain the best possible health outcomes shall be provided to them.

b. What are the conditions that No Balance Billing Policy cannot be applied?

c. What are the general objectives of the National Health Insurance Act?

ANSWER: a. Provide all citizens of the Philippines with the mechanism to gain
financial access to health services;

b. Establish the Program to serve as the means to help the people pay for health care
services and,

c. Prioritize and accelerate the provision of health services to all Filipinos,


especially that segment of the population who cannot afford these services.

d. What are the Grounds for Denial/Non-Reinstatement of Accreditation?


ANSWER: a. Non-compliance with any or all of the requirements of accreditation;
b. Revocation, non-renewal or non-issuance of license/ accreditation/ clearance to
operate or practice of the health care provider by the DOH, PRC or government
regulatory office or institution;
c. Conviction due to fraudulent acts as determined by the Corporation until such
time that the decision is reversed by the Appellate Court or the penalty has been
fully served;
d. Change in the ownership, management or any form of transfer either by lease,
mortgage or any other transfer of a health care institution without prior notice to the
Corporation; or,
e. Such other grounds as the Corporation may determine.

e. How is the National Health Insurance Fund created?

ANSWER: There is hereby created a National Health Insurance Fund, hereinafter


referred to as the Fund, that shall consist of:
a. Contribution from Program members;

b. Other appropriations earmarked by the national and local governments purposely


for the implementation of the Program;

c. Subsequent appropriations provided for under Sections 46 and 47 of the Act;

d. Donations and grants-in-aid; and,

e. All accruals thereof.

2. Can the Regional Board issue a wage order even without a petition for wage increase?
ANSWER: Yes, even in the absence of a filed petition for wage increase. Regional Boards
can, motu proprio, initiate action or inquiry on whether a wage order should be issued.
a. How often can the Board issue a wage order?

ANSWER: In general, the Boards can issue a Wage Order only once in a given year.
XPN: Supervening Event

b. Can the wage order issued by the Board be appealed?

ANSWER: Yes, any aggrieved party may file an appeal with the NWPC through the
Board within 10 days from the date of publication of the Wage Order.

c. Who are exempted from the wage order?

ANSWER: -distressed establishments

-new business enterprises

-retail/service establishments employing not more than 10 workers

-establishments adversely affected by natural calamities

d. Who are covered by the wage order?

ANSWER: Private sectors workers excepts for household helpers and persons in the
personal employ of another, including family drivers.

e. Procedure on Minimum Wage Fixing?


ANSWER: Standards/Criteria for Minimum Wage Fixing. The regional
minimum wages to be established by the Regional Board shall be as nearly
adequate as is economically feasible to maintain the minimum standards of living
necessary for the health, efficiency and general well-being of the employees within
the framework of the national economic and social development program. In the
determination of such regional minimum wages, the Regional Board shall, among
other relevant factors, consider the following:

"(a) The demand for living wages;

"(b) Wage adjustment vis-a-vis the consumer price index;

"(c) The cost of living and changes or increases therein;

"(d) The needs of workers and their families;

"(e) The need to induce industries to invest in the countryside;


"(f) Improvements in standards of living;

"(g) The prevailing wage levels;

"(h) Fair return of the capital invested and capacity to pay of employers;

"(i) Effects on employment generation and family income; and

"(j) The equitable distribution of income and wealth along the imperatives of
economic and social development.

3. Are primary beneficiaries of a compulsory member under the GSIS act entitled to benefits in
case of death of the member prior to their retirement?
a. What are the benefits of a member who suffers fatal disability while in line of
duty?
ANSWER: (a) If the permanent disability is total, he shall receive a monthly
income benefit for life equal to the basic monthly pension effective from the date of
disability: Provided, That: (1) he is in the service at the time of disability; or

(2) if separated from the service, he has paid at least thirty-six (36) monthly
contributions within the five (5) year period immediately preceding disability, or
has paid a total of at least one hundred eighty (180) monthly contributions, prior to
his disability: Provided, further, That if at the time of disability, he was in the
service and has paid a total of at least one hundred eighty (180) monthly
contributions, in addition to the monthly income benefit, he shall receive a cash
payment equivalent to eighteen (18) times his basic monthly pension: Provided,
finally, That a member cannot enjoy the monthly income benefit for permanent
disability and the old-age retirement simultaneously.

b. What could be the effect of separation from the service of a member, are they still
entitled to benefits under the GSIS act?
ANSWER: YES, - A member separated from the service shall continue to be a
member, and shall be entitled to whatever benefits he has qualified to in the event
of any contingency compensable under this Act.

c. What could be the monthly compensation to be paid by a member under this act?
ANSWER:
"Monthly Compensation Percentage of
MonthlyCompensation Payable
by

Member Employer

I. Maximum
Average
Monthly 9.0% 12.0%
Compensation
(AMC) Limit
and Below
II. Over the
Maximum
AMC Limit
-Up to the 9.0% 12.0%
Maximum
AMC Limit
-In Excess of 2.0% 12.0%
the AMC
Limit

d. What would be the liability of an employer in case the contributions of their


employees are not remitted to GSIS?

e. What are the conditions for entitlement on the retirement benefits if members retire
from the service?

ANSWER: Conditions for Entitlement. - A member who retires from the service
shall be entitled to the retirement benefits enumerated in paragraph (a) of Section 13
hereof: Provided, That:

(1) he has rendered at least fifteen years of service;

(2) he is at least sixty (60) years of age at the time of retirement; and

(3) he is not receiving a monthly pension benefit from permanent total disability.

4. What are the rules and regulations for the proper implementation of the Solo Parents Welfare
Act of 2000 by DECS, CHED 9 TESDA?
ANSWER: *Housing Benefits. - Solo parents shall be given allocation in housing projects
and shall be provided with liberal terms of payment on said government low-cost housing
projects in accordance with housing law provisions prioritizing applicants below the poverty
line as declared by the NEDA.
*Medical Assistance. - The DOH shall develop a comprehensive health care program for solo
parents and their children. The program shall be implemented by the DOH through their
retained hospitals and medical centers and the local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health units (RHUs).
*Additional Powers and Functions of the DSWD. The DSWD shall perform the following
additional powers and functions relative to the welfare of solo parents and their families:
a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2)
define executive and legislative measures needed to promote and protect the interest of solo
parents and their children; and (3) assess the effectiveness of programs designed for
disadvantaged solo parents and their children;
(b) Coordinate the activities of various governmental and nongovernmental organizations
engaged in promoting and protecting the interests of solo parents and their children; and
(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.
a. What are the categories of a Solo Parent?
ANSWER: (1) A woman who gives birth as a result of rape and other crimes
against chastity even without a final conviction of the offender: Provided, That the
mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse
is detained or is serving sentence for a criminal conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children;
(6) Parent left solo or alone with the responsibility of parenthood due to declaration
of nullity or annulment of marriage as decreed by a court or by a church as long as
he/she is entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a welfare
institution;
(9) Any other person who solely provides parental care and support to a child or
children;
(10) Any family member who assumes the responsibility of head of family as a
result of the death, abandonment, disappearance or prolonged absence of the parents
or solo parent.
b. Give the 5 packages of social development and welfare services for solo parents and
their families under the RA 8972.
ANSWER: (a) Livelihood development services which include trainings on
livelihood skills, basic business management, value orientation and the provision of
seed capital or job placement.
(b) Counseling services which include individual, peer group or family counseling.
This will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development, behavior
management, health care, rights and duties of parents and children.
d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of
abuse.
e) Special projects for individuals in need of protection which include temporary
shelter, counseling, legal assistance, medical care, self-concept or ego-building,
crisis management and spiritual enrichment.
c. What is Solo Parents Welfare Act of 20202?
ANSWER: An Act Providing For Benefits And Privileges To Solo Parents And
Their Children, Appropriating Funds Therefor And For Other Purposes.
d. What is Paternity Leave Act of 1996?
ANSWER: An Act Granting Paternity Leave of Seven (7) Days with Full Pay to
All Married Male Employees in The Private and Public Sectors for the First Four
(4) Deliveries of the Legitimate Spouse with Whom He is Cohabiting and for Other
Purposes.
e. Is paternity leave act applicable to an unmarried male employee? Why or Why not?
ANSWER: No, Paternity Leave refers to the benefits granted to a married male
employee allowing him not to report for work for seven (7) days but continues to
earn the compensation therefor, on the condition that his spouse has delivered a
child or suffered a miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly-born
child.

5. What is Ancestral Domain?


ANSWER: Ancestral domains, as defined in the IPRA, refer to all areas generally belonging
to [Indigenous Cultural Communities] ICCs/IPs comprising lands, inland waters, coastal
areas, and natural resources therein, held under a claim of ownership, occupied or possessed
by ICCs/IPs, by themselves or through their ancestors, communally or individually since
time immemorial, continuously to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth or as a consequence of government projects or any
other voluntary dealings entered into by government and private individuals/corporations,
and which are necessary to ensure their economic, social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential, agricultural and other lands individually owned
whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship
areas, bodies of water, mineral and other natural resources, and lands which may no longer
be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their
subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators.
a. What lands are covered by Ancestral Lands?
ANSWER: Refers to land occupied, possessed and utilized by individuals, families
and clans who are members of the ICCs/IPs since time immemorial, by themselves
or through their predecessors-in-interest, under claims of individual or traditional
group ownership, continuously, to the present except when interrupted by war,
force majeure or displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by government and
private individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lots
b. What are the rights ICCs/IPs that are covered under the IPRA Law?.
ANSWER: The State shall recognize and promote all the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within
the framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs within the
framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral domains
to ensure their economic, social and cultural well being and shall recognize the
applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to
preserve and develop their cultures, traditions and institutions. It shall consider
these rights in the formulation of national laws and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of sex,
shall equally enjoy the full measure of human rights and freedoms without
distinction or discrimination;

e) The State shall take measures, with the participation of the ICCs/IPs
concerned, to protect their rights and guarantee respect for their cultural integrity,
and to ensure that members of the ICCs/IPs benefit on an equal footing from the
rights and opportunities which national laws and regulations grant to other members
of the population; and

f) The State recognizes its obligations to respond to the strong expression


of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in
the direction of education, health, as well as other services of ICCs/IPs, in order to
render such services more responsive to the needs and desires of these communities.

c. Enumerate the quasi-judicial functions of the NCIP


ANSWER: a) To promulgate rules and regulations governing the hearing and
disposition of cases filed before it as well as those pertaining to its internal
functions and such rules and regulations as may be necessary to carry out the
purposes of this Act;

b) To administer oaths, summon the parties to a controversy, issue subpoenas


requiring the attendance and testimony of witnesses or the production of such
books, papers, contracts, records, agreements and other document of similar nature
as may be material to a just determination of the matter under investigation or
hearing conducted in pursuance of this Act;

c) To hold any person in contempt, directly or indirectly, and impose appropriate


penalties therefor; and

d) To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any of
the parties to the case or seriously affect social or economic activity.
d. What are the administrative functions for the enforcement of Human Rights and
empowerment of IPr?
ANSWER: The State shall, with due recognition of their distinct characteristics and
identity, accord to the members of the ICCs/IPs the rights, protections and
privileges enjoyed by the rest of the citizenry. It shall extend to them the same
employment rights, opportunities, basic services, educational and other rights and
privileges available to every member of the society. Accordingly, the State shall
likewise ensure that the employment of any form of force or coercion against
ICCs/IPs shall be dealt with by law. The State shall ensure that the fundamental
human rights and freedoms as enshrined in the Constitution and relevant
international instruments are guaranteed also to indigenous women. Towards this
end, no provision in this Act shall be interpreted so as to result in the diminution of
rights and privileges already recognized and accorded to women under existing
laws of general application.
e. Enumerate the basic steps for the issuance of certification of pre-condition
ANSWER: To issue appropriate certification as a pre-condition to the grant of
permit, lease, grant, or any other similar authority for the disposition, utilization,
management and appropriation by any private individual, corporate entity or any
government agency, corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus approval of the ICCs/IPs
concerned.

6. What is SSS?

ANSWER: (a) To carry out the purposes of this Act, the Social Security System, hereinafter
referred to as "SSS", a corporate body, with principal place of business in Metro Manila,
Philippines, is hereby created.

a. Eligibility of Death Benefits of SSS?

ANSWER: Upon the death of a member who has paid at least thirtysix (36) monthly
contributions prior to the semester of death, his primary beneficiaries shall be entitled
to the monthly pension: Provided, That if he has no primary beneficiaries, his
secondary beneficiaries shall be entitled to a lump sum benefit equivalent to thirtysix
(36) times the monthly pension. If he has not paid the required thirtysix (36) monthly
contributions, his primary or secondary beneficiaries shall be entitled to a lump sum
benefit equivalent to the monthly pension times the number of monthly contributions
paid to the SSS or twelve (12) times the monthly pension, whichever is higher.

b. Compulsory coverage for SSS?

ANSWER: (a) Coverage in the SSS shall be compulsory upon all employees not over
sixty (60) years of age and their employers: Provided, That in the case of domestic
helpers, their monthly income shall not be less than One thousand pesos (P1,000.00) a
month: Provided, further, That any benefit already earned by the employees under
private benefit plans existing at the time of the approval of this Act shall not be
discontinued, reduced or otherwise impaired: Provided, further, That private plans
which are existing and in force at the time of compulsory coverage shall be integrated
with the plan of the SSS in such a way where the employer's contribution to his private
plan is more than that required of him in this Act, he shall pay to the SSS only the
contribution required of him and he shall continue his contribution to such private plan
less his contribution to the SSS so that the employer's total contribution to his benefit
plan and to the SSS shall be the same as his contribution to his private benefit plan
before the compulsory coverage: Provided, further, That any changes, adjustments,
modifications, eliminations or improvements in the benefits to be available under the
remaining private plan, which may be necessary to adopt by reason of the reduced
contributions thereto as a result of the integration, shall be subject to agreements
between the employers and employees concerned: Provided, further, That the private
benefit plan which the employer shall continue for his employees shall remain under
the employer's management and control unless there is an existing agreement to the
contrary: Provided, finally, That nothing in this Act shall be construed as a limitation
on the right of employers and employees to agree on and adopt benefits which are over
and above those provided under this Act.

c. Voluntary requirements for SSS?

ANSWER: Separated members these are the SSS members who have been separated
from their employment or are not a self-employed anymore, yet they want to continue
contributing.

Non-working spouses- these are persons who are legally married to actively paying
SSS members, but are not employed.

Overseas Filipino Workers (OFWs)- Filipinos from the Philippines who are employed
or are legitimately staying in a foreign country.

d. Eligibility requirements for sickness benefits?

ANSWER: (a) A member who has paid at least three (3) monthly contributions in the
twelvemonth period immediately preceding the semester of sickness or injury and is
confined therefor for more than three (3) days in a hospital or elsewhere with the
approval of the SSS, shall, for each day of compensable confinement or fraction
thereof, be paid by his employer, or the SSS, if such person is unemployed or self
employed, a daily sickness benefit equivalent to ninety percent (90%) of his average
daily salary credit.

e. Permanent disability benefits?

ANSWER: a) Upon the permanent total disability of a member who has paid at least
thirtysix (36) monthly contributions prior to the semester of disability, he shall be
entitled to the monthly pension: Provided, That if he has not paid the required thirtysix
(36) monthly contributions, he shall be entitled to a lump sum benefit equivalent to the
monthly pension times the number of monthly contributions paid to the SSS or twelve
(12) times the monthly pension, whichever is higher. A member who (1) has received a
lump sum benefit and (2) is reemployed or has resumed self employment not earlier
than one (1) year from the date of his disability shall again be subject to compulsory
coverage and shall be considered a new member.

"(b) The monthly pension and dependents' pension shall be suspended upon the
reemployment or resumption of selfemployment or the recovery of the disabled
member from his permanent total disability or his failure to present himself for
examination at least once a year upon notice by the SSS.

"(c) Upon the death of the permanent total disability pensioner, his primary
beneficiaries as of the date of disability shall be entitled to receive the monthly pension:
Provided, That if he has no primary beneficiaries and he dies within sixty (60) months
from the start of his monthly pension, his secondary beneficiaries shall be entitled to a
lump sum benefit equivalent to the total monthly pensions corresponding to the balance
of the fiveyear guaranteed period excluding the dependents' pension.
"(d) The following disabilities shall be deemed permanent total: 1. Complete
loss of sight of both eyes; 2. Loss of two limbs at or above the ankle or
wrists; 3. Permanent complete paralysis of two limbs; 4. Brain injury
resulting to incurable imbecility or insanity; and 5. Such cases as determined
and approved by the SSS.

"(e) If the disability is permanent partial, and such disability occurs before thirtysix
(36) monthly contributions have been paid prior to the semester of disability, the
benefit shall be such percentage of the lump sum benefit described in the preceding
paragraph with due regard to the degree of disability as the Commission may
determine.

"(f) If the disability is permanent partial and such disability occurs after thirtysix (36)
monthly contributions have been paid prior to the semester of disability, the benefit
shall be the monthly pension for permanent total disability payable not longer than the
period designated in the following schedule: Complete And Permanent Loss Of Use Of
Number Of Months One thumb 10 One index finger 8 One middle finger 6 One ring
finger 5 One little finger 3 One big toe 6 One hand 39 One arm 50 One foot 31 One leg
46 One ear 10 Both ears 20 Hearing of one ear 10 Hearing of both ears 50 Sight of one
eye 25

"(g) The percentage degree of disability, which is equivalent to the ratio that the
designated number of months of compensability bears to seventyfive (75), rounded to
the next higher integer, shall not be additive for distinct, separate and unrelated
permanent partial disability, but shall be additive for deteriorating and related
permanent partial disabilities, to a maximum of one hundred percent (100%), in which
case the member shall be deemed as permanently totally disabled.

"(h) In case of permanent partial disability, the monthly pension benefit shall be given
in lump sum if it is payable for less than twelve (12) months.

"(i) For the purpose of adjudicating retirement, death and permanent total disability
pension benefits, contributions shall be deemed paid for the months during which the
member received partial disability pension: Provided, That such contributions shall be
based on his last contribution prior to his disability.

"(j) Should a member who is on partial disability pension retire or die, his disability
pension shall cease upon his retirement or death.

7. What are the duties of the state related to the human rights of women?

ANSWER: (a) Refrain from discriminating against women and violating their rights;

(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and

(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive
equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments, administrative
guidelines, and other appropriate measures, including temporary special measures.

Recognizing the interrelation of the human rights of women, the State shall take measures and
establish mechanisms to promote the coherent and integrated implementation, and enforcement
of this Act and related laws, policies, or other measures to effectively stop discrimination against
and advance the rights of women.

The State shall keep abreast with and be guided by progressive developments in human rights of
women under international law and design of policies, laws, and other measures to promote the
objectives of this Act.

a. What is discrimination against women?


ANSWER: Refers to any gender-based distinction, exclusion, or restriction which
has the effect or purpose of impairing or nullifying the recognition, enjoyment, or
exercise by women, irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil, or any other field.

b. What are marginalized sectors under R.A 9710?


ANSWER: (1) "Small Farmers and Rural Workers" refers to those who are engaged
directly or indirectly in small farms and forest areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall include. but are
not limited to, (a) small farmers who own or are still amortizing for lands that is not more
than three (3) hectares, tenants, leaseholders, and stewards; and (b) rural workers who
are either wage earners, self-employed, unpaid family workers directly and personally
engaged in agriculture, small-scale mining, handicrafts, and other related farm and off-
farm activities;
(2) "Fisherfolk" refers to those directly or indirectly engaged in taking, culturing, or
processing fishery or aquatic resources. These include, but are not to be limited to,
women engaged in fishing in municipal waters, coastal and marine areas, women
workers in commercial fishing and aquaculture, vendors and processors of fish and
coastal products, and subsistence producers such as shell-gatherers, managers, and
producers of mangrove resources, and other related producers:
(3) "Urban Poor" refers to those residing in urban and urbanizable slum or blighted
areas, with or without the benefit of security of abode, where the income of the head
of the family cannot afford in a sustained manner to provide for the family's basic
needs of food, health, education, housing, and other essentials in life;
(4) "Workers in the Formal Economy" refers to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions, and
instrumentalities, all government- owned and -controlled corporations and
institutions, as well as nonprofit private institutions or organizations;
(5) "Workers in the Informal Economy" refers to self-employed, occasionally or
personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores and all other
categories who suffer from violation of workers' rights:
(6) "Migrant Workers" refers to Filipinos who are to be engaged, are engaged, or
have been engaged in a remunerated activity in a State of which they are not legal
residents, whether documented or undocumented;
(7) "Indigenous Peoples" refers to a group of people or homogenous societies
identified by self-ascription and ascription by other, who have continuously lived as
organized community on communally bounded and defined territory, and who have,
under claims of ownership since time immemorial, occupied; possessed customs,
tradition, and other distinctive cultural traits, or who have, through resistance to
political, social, and cultural inroads of colonization, non- indigenous religions and
culture, became historically differentiated from the majority of Filipinos. They shall
likewise include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the dime of conquest
or colonization, or at the time of inroads of non-indigenous religions and cultures,
or the establishment of present state boundaries, who retain some or all of their own
social, economic, cultural, and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their
ancestral domains as defined under Section 3(h), Chapter II of Republic Act No.
8371, otherwise known as "The Indigenous Peoples Rights Act of 1997" (IPRA of
1997);
(8) "Moro" refers to native peoples who have historically inhabited Mindanao,
Palawan, and Sulu, and who are largely of the Islamic faith;
(9) "Children" refers to those who are below eighteen (18) years of age or over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental
disability or condition;
(10) "Senior Citizens" refers to those sixty (60) years of age and above;
(11) "Persons with Disabilities" refers to those who are suffering from restriction or
different abilities, as a result of a mental, physical, or sensory impairment to
perform an activity in the manner or within the range considered normal for a
human being; and
(12) "Solo Parents" refers to those who fall under the category of a solo parent
defined under Republic Act No. 8972, otherwise known as the "Solo Parents
Welfare Act of 2000".

c. What are the principles of Human Rights of Women under RA 9170?


ANSWER: Human Rights of Women. - Human rights are universal and inalienable.
All people in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human
Rights, which states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every
human being whether they relate to civil, cultural, economic, political, or social
issues.
Human rights are interdependent and interrelated. The fulfillment of one right often
depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each
human person. No one, therefore, should suffer discrimination on the basis of
ethnicity, gender, age, language, sexual orientation, race, color, religion, political,
or other opinion, national, social, or geographical origin, disability, property, birth,
or other status as established by human rights standards.
All people have the right to participate in and access information relating to the
decision- making processes that affect their lives and well-being. Rights-based
approaches require a high degree of participation by communities, civil society,
minorities, women, young people, indigenous peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of human rights.
They have to comply with the legal norms and standards enshrined in international
human rights instruments in accordance with the Philippine Constitution. Where
they fail to do so, aggrieved rights-holders are entitled to institute proceedings for
appropriate redress before a competent court or other adjudicator in accordance
with the rules and procedures provided by law.
d. What are the rights and empowerment of Marginalized sector?

ANSWER: Women in marginalized sectors are hereby guaranteed all civil,


political, social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to, the Indigenous Peoples Rights Act, the
Urban Development and Housing Act, the Comprehensive Agrarian Reform Law,
the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents
Welfare Act, and the Social Reform and Poverty Alleviation Act.

e. What is Magna Carta for women implies with under RA 9710?


ANSWER: Recognizing that the economic, political, and sociocultural realities
affect women's current condition, the State affirms the role of women in nation
building and ensures the substantive equality of women and men. It shall promote
empowerment of women and pursue equal opportunities for women and men and
ensure equal access to resources and to development results and outcome. Further,
the State realizes that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate discrimination and inequality. To
realize this, the State shall endeavor to develop plans, policies, programs, measures,
and mechanisms to address discrimination and inequality in the economic, political,
social, and cultural life of women and men.
8. State the coverage of the employees Compensation and State Insurance Fund

ANSWER:

a. When may an inquiry resulting to death or disability be compensable?


b. When may sickness of an employee be compensable?
c. Define the 24 hour Duty Doctrine
d. What are the benefits that an employee may avail of under the employees
Compensation and state Insurance Fund?
e. A, employed as a security personnel for the vice president. The VP event to another
country for medical treatment hence he was off duty. While he was in front of his
house, fixing the motorcycle he uses to ferry passengers for a fee, he was shot by an
unknown man. His wife filed a claim with GSIS, will the claim prosper?
9. What is RA 9994?

ANSWER: An Act Granting Additional Benefits And Privileges To Senior Citizens, Further
Amending Republic Act No. 7432, As Amended, Otherwise Known As An Act To Maximize
The Contribution Of Senior Citizens To Nation Building, Grant Benefits And Special Privileges
And For Other Purposes.

a. What is the intent behind RA 9994

b. When did it become effective?

c. Who are entitled to the benefits and privileges granted under RA 9994?
d. What are the benefits and privileges given to senior citizens?
e. What are the senior citizens Discount Privileges?
10. Who are considered as Domestic workers? Who are excluded?

ANSWER: refers to any person engaged in domestic work within an employment relationship
such as, but not limited to, the following: general househelp, nursemaid or yaya, cook,
gardener, or laundry person, but shall exclude any person who performs domestic work only
occasionally or sporadically and not on an occupational basis.

a. Who are children under foster family arrangements?

ANSWER: children who are under foster family arrangement, and are provided access
to education and given an allowance incidental to education, i.e. baon, transportation,
school projects and school activities.

b. What are the pre-employment requirements before a kasambahay may enter into a
contract?
ANSWER: Employment Contract. An employment contract shall be executed by
and between the domestic worker and the employer before the commencement of
the service in a language or dialect understood by both the domestic worker and the
employer. The domestic worker shall be provided a copy of the duly signed
employment contract which must include the following:

(a) Duties and responsibilities of the domestic worker;

(b) Period of employment;

(c) Compensation;

(d) Authorized deductions;

(e) Hours of work and proportionate additional payment;

(f) Rest days and allowable leaves;

(g) Board, lodging and medical attention;

(h) Agreements on deployment expenses, if any;

(i) Loan agreement;

(j) Termination of employment; and

(k) Any other lawful condition agreed upon by both parties.

The Department of Labor and Employment (DOLE) shall develop a model


employment contract for domestic workers which shall, at all times, be made
available free of charge to domestic workers, employers, representative
organizations and the general public. The DOLE shall widely disseminate
information to domestic workers and employers on the use of such model
employment contract.
In cases where the employment of the domestic worker is facilitated through a
private employment agency, the PEA shall keep a copy of all employment contracts
of domestic workers and shall be made available for verification and inspection by
the DOLE.
c. What are the mandatory benefits of kasambahay?
ANSWER:
d. How much is the minimum wages of kasambahay? Provided in NCR, cities and 1st
class municipalities and other municipalities?
ANSWER: The minimum wage of domestic workers shall not be less than the
following:

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in
the National Capital Region (NCR);

(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities
and first class municipalities; and

(c) One thousand five hundred pesos (P1,500.00) a month for those employed in
other municipalities.

After one (1) year from the effectivity of this Act, and periodically thereafter, the
Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if
proper, determine and adjust the minimum wage rates of domestic workers.
e. What are the liabilities of a kasambahay who leaves his/her employers w/o
justifiable reasons?
ANSWER: If the employer dismissed the Kasambahay for reasons other than
above, he/she shall pay the Kasambahay the earned compensation plus indemnity in
the amount equivalent to 15 days of work.
11. Who are the victims in RA 9262?

ANSWER: This Act shall be known as the "Anti-Violence Against Women and Their Children
Act of 2004, an act defining violence against women and their children, providing for protective
measures for victims, prescribing penalties therefore, and for other purposes.

a. What are the 4 kinds of violence? Define each.

ANSWER: A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a


woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a


sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause


mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to witness
the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any


legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.

b. What is a sexual relationship?

ANSWER: refers to a single sexual act which may or may not result in the bearing of a
common child.

c. Distinguish RA 9262 and RA 7610

ANSWER: In RA 9262 there is a need of relationship between the accused and


child/woman but in RA 7610 there is no need of relationship.

d. What are the kinds of Protection Orders? Who may file them?

ANSWER: A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5
of this Act and granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of the
victim to independently regain control over her life. The provisions of the protection
order shall be enforced by law enforcement agencies. The protection orders that may be
issued under this Act are the barangay protection order (BPO), temporary protection
order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally
or through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or


otherwise communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated, and if
respondent must remove personal effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has gathered his things and escort
respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate law
enforcement officer to accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to the possession of the automobile and other
essential personal effects, or to supervise the petitioner's or respondent's removal of
personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if
entitled to legal support. Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of the respondent to be
withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.

Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.

A petition for protection order may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge
of the offense committed.

e. What are the rights of the Vitim of violence?

ANSWER: Rights of Victims. In addition to their rights under existing laws, victims
of violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family
Code; and

(e) To be informed of their rights and the services available to them including their
right to apply for a protection order.

12. What is RA 7877?

ANSWER: Anti-Sexual Harassment Act of 1995, an act declaring sexual harassment unlawful in
the employment, education or training environment, and for other purposes.

a. What is its purpose?

ANSWER: The State shall value the dignity of every 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.
b. What is sexual harassment?

ANSWER: Sexual harassment is committed by an employer, employee, manager,


supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, 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.

c. What are its elements?

ANSWER: (a) In a work-related or employment environment, sexual harassment is


committed when:

(1) The sexual favor is made as a condition in the hiring or in the


employment, re-employment or continued employment of said individual, or in
granting said individual favorable compensation, terms 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 ordiminish
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

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is


entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or 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.

d. Who else aside from the person committing sexual harassment may be liable?
e. How does sexual harassment differ from acts of lasciviousness?

ANSWER: An act of lasciviousness is an act of making a physical contact with the


body of another person for the purpose of obtaining sexual gratification other than, or
without intention of, sexual intercourse without something favor in return but in
sexual harassment there is and also the accused is superior than victim.
13. What are the acts punishable under RA 7610?
a. Define child abuse

ANSWER: 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.

b. Define children

ANSWER: 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.

c. Who are the persons liable under RA 7610?

d. Who are the persons covered under RA 7610

ANSWER: any 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.

e. Differentiate Child trafficking from child prostitution

ANSWER: Child Trafficking. Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age while Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.

14. What is cybercrime law?

ANSWER: an act defining cybercrime, providing for the prevention, investigation, suppression
and the imposition of penalties therefor and for other purposes.

a. What is the advantage and scope of this law?


ANSWER: Cybercrime Offenses. The following acts constitute the offense of
cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. The access to the whole or any part of a computer system without
right.

(2) Illegal Interception. The interception made by technical means without right of
any non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.

(3) Data Interference. The intentional or reckless alteration, damaging, deletion or


deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

(4) System Interference. The intentional alteration or reckless hindering or


interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or authority,
including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise


making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part
of a computer system is capable of being accessed with intent that it be used for the
purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under this
section.

(6) Cyber-squatting. The acquisition of a domain name over the internet in bad faith
to profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant,
in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery.


(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and
intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.

(2) Computer-related Fraud. The unauthorized input, alteration, or deletion of


computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. The willful engagement, maintenance, control, or operation, directly


or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the
aid of a computer system, for favor or consideration.

(2) Child Pornography. The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.1wphi1

(3) Unsolicited Commercial Communications. The transmission of commercial


electronic communication with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable
way for the recipient to reject. receipt of further commercial electronic messages (opt-
out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source
of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.
(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.

b. What are those considered as act constituting as offense of the said law?

ANSWER: Cybercrime Offenses. The following acts constitute the offense of


cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. The access to the whole or any part of a computer system without
right.

(2) Illegal Interception. The interception made by technical means without right of
any non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.

(3) Data Interference. The intentional or reckless alteration, damaging, deletion or


deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

(4) System Interference. The intentional alteration or reckless hindering or


interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or authority,
including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise


making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part
of a computer system is capable of being accessed with intent that it be used for the
purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under this
section.

(6) Cyber-squatting. The acquisition of a domain name over the internet in bad faith
to profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant,
in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery.

(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and
intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.

(2) Computer-related Fraud. The unauthorized input, alteration, or deletion of


computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. The willful engagement, maintenance, control, or operation, directly


or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the
aid of a computer system, for favor or consideration.

(2) Child Pornography. The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.1wphi1

(3) Unsolicited Commercial Communications. The transmission of commercial


electronic communication with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable
way for the recipient to reject. receipt of further commercial electronic messages (opt-
out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source
of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.

(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.

c. What are the content-related offenses?


d. What are the agencies tasked to implement the law?

ANSWER: Department of Justice (DOJ). There is hereby created an Office of


Cybercrime within the DOJ designated as the central authority in all matters related to
international mutual assistance and extradition.

Cybercrime Investigation and Coordinating Center. There is hereby created, within


thirty (30) days from the effectivity of this Act, an inter-agency body to be known as
the Cybercrime Investigation and Coordinating Center (CICC), under the
administrative supervision of the Office of the President, for policy coordination among
concerned agencies and for the formulation and enforcement of the national
cybersecurity plan.

e. Enumerate the penalties for any violation of the offenses included in the law?

ANSWER: Penalties. Any person found guilty of any of the punishable acts
enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment
of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up
to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished
with imprisonment of prision mayor or a fine of not more than Five hundred thousand
pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the
penalty of reclusion temporal or a fine of at least Five hundred thousand pesos
(PhP500,000.00) up to maximum amount commensurate to the damage incurred or
both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of
this Act shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of
this Act shall be punished with the penalties as enumerated in Republic Act No. 9775
or the "Anti-Child Pornography Act of 2009: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for in Republic Act No. 9775, if
committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty
for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.

15. Who are the house helpers? What are their purposes?

ANSWER: refers to a person who is to be engaged, is engaged or has been engaged in a


renumerated activity in a state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.

a. Is it possible to increase the minimum wage of house helpers?


b. What are the amended provisions in migrant workers act of 1995

ANSWER: Paragraphs (a), (e), (g) and (h) of Section 2 of Republic Act. No. 8042, as
amended, otherwise known as the "Migrant Workers and Overseas Filipinos Act of
1995.

c. What are the rights of migrant workers


d. Are house helpers exempt from tax?
e. What agency of the government is in charge in protecting migrant workers?

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