Professional Documents
Culture Documents
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,
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
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.
ANSWER: Private sectors workers excepts for household helpers and persons in the
personal employ of another, including family drivers.
"(h) Fair return of the capital invested and capacity to pay of employers;
"(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
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:
(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.
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
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.
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.
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.
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.
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.
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.
ANSWER:
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.
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.
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:
(c) Compensation;
(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.
ANSWER: A. "Physical Violence" refers to acts that include bodily or physical harm;
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:
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;
4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.
ANSWER: refers to a single sexual act which may or may not result in the bearing of a
common child.
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;
(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;
(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.
(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;
(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.
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:
(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;
(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.
ANSWER: Anti-Sexual Harassment Act of 1995, an act declaring sexual harassment unlawful in
the employment, education or training environment, and for other purposes.
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?
(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or
(1) Against one who is under the care, custody or supervision of 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
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: 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
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.
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.
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.
ANSWER: an act defining cybercrime, providing for the prevention, investigation, suppression
and the imposition of penalties therefor and for other purposes.
(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.
(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
(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.
(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.
(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
(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
(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?
(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.
(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.
(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.
(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.
(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
(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
(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.
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: 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.