Bits of Law

Trigger warning: This blog mentions physical and sexual violence against women and children. In the 2024 Women and Men Fact Sheet released by the Philippine Statistics Authority (PSA), results showed a disturbing number of 19,228 women aged 15-49 have experienced various forms of physical and sexual violence. This 2022 National Demographic and Health Survey (NDHS) by the PSA tells of an alarming fact that violence against women and children (VAWC) persists in the Philippines. As of February 2024, there was a total of 16.9% increase in the cases reported to the Philippine National Police Crime Information, Reporting and Analysis System (PNP CIRAS) from 11,307 cases in 2022 to 13,213 cases in 2023. A number of 7,161 cases in 2022 and 7,764 in 2023 (8.4% increase) are violations against Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004. Additionally, 2,191 cases (1,575 girls and 616 boys) of child abuse or violence against children were reportedly served by the Department of Social Welfare and Development (DSWD) in 2023. This is a 39.4% decrease from the previous 3,616 cases in 2022, however, the point stands that this is still a serious problem in the country. “Violence against women (VAW) appears as one of the country’s pervasive social problems,” said the Philippine Commission on Women (PCW), the government-mandated agency at the center of women’s and children’s rights supervision, enforcement, and protection.  As such, this Women’s Month and the upcoming celebration of Girl Child Week per Proclamation No. 759, s. of 1996, awareness of women’s and children’s rights and the laws that protect them is once again underscored. Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) The Anti-Violence Against Women and Their Children Act of 2004, or simply the Anti-VAWC Act, seeks to recognize and address the need to protect the family and its members particularly women and children, from violence and threats to their safety and security. According to the UN Declaration on the Elimination of Violence against Women in 1993, VAW is “any act of gender-based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public and private life. Gender-based violence is any violence inflicted on women because of their sex.” Following this and other international human rights instruments to which the Philippines is a party, the Anti-VAWC Act defines ‘violence against women and children’ as any act or a series of acts committed by any person  which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse What is considered VAWC under the Anti-VAWC Act? VAWC includes: Likewise, Section 5 of the Act clarifies which acts qualify as a crime of VAWC. These include the following: Penalties against violations and crimes under Anti-VAWC Act The penalties of committing an act listed in RA 9262 vary and depend on the severity of the act. Act of Violence Duration of Penalty Attempt to harm the victim 1 month and 1 day – 6 months  Place the victim in fear of imminent physical harm 1 month and 1 day – 6 months Threaten to or does self-harm to control the victim’s actions or decisions 1 month and 1 day – 6 months Restrict the victim from doing something through force or intimidation 6 months and 1 day – 6 years Force the victim into doing something through force or intimidation 6 months and 1 day – 6 years Attempt to or do any form of sexual violence on the victim 6 years and 1 day – 12 years Cause emotional or psychological distress to the victim through behaviors such as stalking, destroying the victims property, etc. 6 years and 1 day – 12 years Cause mental or emotional anguish, public ridicule, or humiliation to the victim 6 years and 1 day – 12 years If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section. In addition to imprisonment, the perpetrator shall pay a fine of not less than P100,000.00, but not more than ₱300,000.00. He or she must also undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Protection Orders While a victim can file a case against his or her perpetrator for his or her act of violence, it doesn’t guarantee with certainty that the perpetrator won’t endanger the victim again. To prevent this from happening, the victim can apply for a protection order.  A protection order prevents further acts of violence against a woman or her child. It also provides these victims other forms of necessary relief. A protection order aims to safeguard the victim from further harm, minimizes disruption in the victim’s daily life, and facilitates the victim’s opportunity and ability to independently regain control over her life. There are three types of protection orders that may be issued under this Act: the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). Barangay Protection Orders, or BPOs, refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist. A Punong Barangay shall issue the protection order to the applicant on the date of filing. If the Punong Barangay is unavailable to act on the BPO application, the application shall be acted upon by any available Barangay Kagawad. BPOs are effective for fifteen days. Temporary Protection Orders, or TPOs, refer to the protection order issued by the court on the date of filing of the application. They are effective for thirty days. The court shall also schedule a hearing on the issuance of a PPO prior to or on the TPO’s expiration date.  Permanent Protection Orders, or PPOs, refer to protection orders issued by the court after a notice and hearing. The court

On Tuesday, March 11, 2025, the Commission on Human Rights (CHR) released a statement backing the Senate Bill (SB) No. 2897 which sought to amend Republic Act (RA) No. 11313, otherwise known as the Safe Spaces Act or the Bawal Bastos law, to strengthen and widen its scope. The SB 2897 aims to widen the scope of ‘public spaces’ (Sec. 3 (g)) to include: in addition to: The bill likewise expands gender-based online sexual harassment to include artificial intelligence (AI) and other emerging technologies; and introduces the concept of ‘grooming’ as sexual harassment.   According to a 2020 post by the Philippine Commission on Women (PCW), 58% of harassments occurs outside and 70% of them happen during broad daylight. In the 2021 Lloyd’s Register Foundation-Gallup polls survey, as cited by the Women Workers United, around 1 in 5 Filipino workers experience harassment in the workplace—22% of which are women and 18% are men who have experienced workplace violence and harassment.  Meanwhile, in the 2024 Campaign to End Violence Against Women (VAW), the PCW released the reported VAW Cases statistics from 2016 to 2023, with 1,031 cases being violations against the Safe Spaces Act. The Safe Spaces Act, as well as the SB 2897, underscores the persisting problem of harassment against any persons, but especially women, children, and members of the LGBTQIA+ community, and the need to continually address and improve the protection against gender-based and sexual harassment.  Here’s what you need to know about the Safe Spaces Act and SB 2897. What is the Safe Spaces Act (Bawal Bastos Law)? Signed into law in 2019, the Safe Spaces Act or the Bawal Bastos Law aims to define and punish catcalling and other forms of gender-based sexual harassment (GBSH). Its Declaration of Policy states that it “recognizes that both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions.” Under the Safe Spaces Act, GBSH is classified into: Gender-based Streets and Public Spaces Sexual Harassment The crimes under this classification are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks (Sec. 4). They include: ‘Verbal’ GBSH 1st offense Twelve (12) hours community service inclusive of Gender Sensitivity Training (GST) and PHP 1,000 fine 2nd offense Imprisonment of 6 -10 days or PHP 3,000 fine 3rd offense Imprisonment of 11 – 30 days and PHP 10,000 fine ‘Gestural and ‘Demonstrated’ GBSH 1st offense Twelve (12) hours community service inclusive of GST and PHP 10,000 fine 2nd offense Imprisonment of 11 – 30 days or PHP 15,000 fine 3rd offense Imprisonment of 1 month and 1 day to 9 months and PHP 20,000 fine GBSH through stalking, and physical advances such as any touching, pinching, or brushing against the genitalia 1st offense Imprisonment of 11 – 30 days or a fine of PHP 30,000 provided that it includes attendance in a GST to be conducted by PNP in coordination with LGU and PCW 2nd offense Imprisonment of 1 month and 1 day to 6 months or PHP 50,000 fine 3rd offense Imprisonment of 4 months and 1 day to 6 months or PHP 100,000 fine Additional if the perpetrator is a driver or operator of a PUV Cancellation of license of the driver by the Land Transportation Office (LTO) Suspension or revocation of franchise by the Land Transportation Franchising and Regulatory Board (LTFRB). This sanction may be imposed upon order by the proper court OR upon order of LTO/LTFRB in an administrative proceeding If the perpetrator is a minor The Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures as provided for under Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006″. List of penalties for gender-based sexual harassment (GBSH) in streets and public spaces under RA 11313 Article I, Sec. 11(a)(b)(c); format from Philippine Commission on Women (PCW). Where can victims of GBSH in streets and public spaces reach out for help? In all cases Local Government Unit via local Anti-Sexual Harassment (ASH) hotlineNearest police precinct through their Women and Children’s Protection DesksLocal Social Welfare and Development OfficePublic Attorney’s Office subject to PAO’s Persons Qualified for Legal Assistance Streets, roads, alleyways, parks Local traffic enforcer PUVs by a driver or operator of PUV  Local Traffic Enforcer, LTO, LTFRB Close proximity to the LGU Hall Anti-Sexual Harassment (ASH) Desk Officer of the LGU (Provincial, Municipal, City, or Barangay) Malls, Bars, Public Establishments ASH Officer designated by operator of Malls, Bars, Public Establishments(e.g. security officers) List of authorities a victim can reach in case of GBSH in streets and public spaces according to RA 11313; format from Philippine Commission on Women (PCW). Gender-Based Online Sexual Harassment The crimes under this classification include acts that use information and communications technology in terrorizing and intimidating victims through: In general Corrective prison (prision correccional) in its medium period or a fine of not less than PHP 100,000.00 but not more than PHP 500,000.00, or both, at the discretion of the court If the perpetrator is a juridical person License or franchise shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media If the perpetrator is a foreigner (alien) Subjected to deportation proceedings after serving sentence and payment of fines. List of penalties for perpetrators of online GBSH according to RA 11313 and PCW. Where can victims of online GBSH reach out for help? The PNP Anti-Cybercrime Group (PNPACG) as National Operational Support Unit of the PNP, in collaboration with the Department of Information and Communications Technology (DICT), is responsible for the implementation and enforcement of Philippine laws on cybercrime. They receive complaints about GBSH and develop online mechanisms for reporting real-time online GBSH and apprehending the perpetrators. Victims can

According to the 2024 World Economic Forum (WEF), the Philippines is the most gender-equal country in Asia with a gender parity score of 77.9% (0.779 out of 1) and ranking 25th out of 146 countries. Along with New Zealand, it is the only country from East Asia and the Pacific to have made the global top 10 due to its sustained efforts in adopting and enacting legal frameworks that aim to safeguard and empower women’s rights in Philippine society. One such legal framework, the holy grail of women’s rights law in the Philippines, is Republic Act 9710, better known as the Magna Carta of Women (MCW). Former President Gloria Macapagal Arroyo signed it into law on August 14, 2009. What is the Magna Carta of Women (MCW)? Entitled the “Magna Carta of Women” and not “Magna Carta for Women” to highlight women’s participation and ownership of the bill, the MCW is the Philippines’ affirmation of the protection and empowerment of women in the country who continue to be marginalized and discriminated against in our society.  Its Declaration of Policy (Sec. 2) states that “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,” and that “the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality.” The MCW upholds the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law in condemning and eliminating discrimination against women and underscoring women’s rights as human rights. What is discrimination against women? Sec. 4, Chapter II defines ‘discrimination against women’ as: (1) 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;  (2) any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges;  (3) a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and  (4) discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion. MCW safeguards women from discrimination by having the State fulfill its duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. What are the women’s rights under MCW? Under Chapter IV, the following are the rights of women to be enjoyed without discrimination: What are the rights of women in marginalized sectors? Meanwhile, Chapter V outlines the rights of women in marginalized sectors. The MCW defines ‘marginalization’ as “a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life,” and consequently, the ‘marginalized’ as “the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system” such as: Women in these sectors are 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. According to the Philippine Commission on Women (PCW), under the MCW women in marginalized sectors are entitled to: Implementation of MCW Because the law is the Philippines’ commitment to the rights of our women, the Government, its agencies, and other government-owned and controlled bodies, as well as private sectors and individuals shall not only contribute but also adhere to the recognition, respect, and promotion of women’s rights and abide by the rule of law. At the core of this law is the PCW, formerly called the National Commission on the Role of Filipino Women, which is tasked with the overall monitoring and supervision of the MCW’s implementation. It is the primary policy-making and coordinating body for women and gender equality concerns in the Philippines. (Sec. 36 & 38) In consonance with the MCW and the PCW, the Commission on Human Rights (CHR) is the Gender and Development Ombud that ensures the promotion and protection of women’s human rights. (Sec. 39) The Commission on Audit (COA) is tasked to conduct an annual audit on the use of the Gender and Development (GAD) budget to determine its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues toward the realization of the objectives of the country’s commitments, plans, and policies on women empowerment, gender equality, and GAD. (Sec. 36(a)) Violation of MCW No one is above MCW and anyone who violates it shall be held liable under its mandate and provisions.   According to the PCW, the Commission on Human Rights shall recommend sanctions under administrative law, civil service, or other appropriate laws to the Civil Service Commission (CSC) and the Department of the Interior and Local Government (DILG). For instance, in the case

Aside from the Vatican, the Philippines is the only country that does not have divorce laws. But fret not! The Philippine laws, particularly the Family Code of the Philippines, still provide legal remedies for those spouses trapped in loveless and abusive marriages. This article’s main topic concerns filing your Petition for Declaration of Nullity of Marriage. Do you want to know more about the other types of separation? Read: 3 Types of Separation: Everything You Need to Know If you think your marriage falls under any of the grounds for void marriages, here are the steps that you need to take to start the process of having your marriage declared annulled: Step 1: Seek Legal Advice The initial step in filing for a Petition for Declaration of Nullity of Marriage in the Philippines is to consult a family law lawyer. Your lawyer is the one who will review your situation, as well as assess and determine whether your case meets the legal grounds for nullity. Your lawyer will also guide you throughout the whole process of getting your marriage declared null and void. Take note that full disclosure of all relevant details is essential because this will allow your lawyer to assess the strength of your case based on the applicable legal grounds. Step 2: Prepare the documents that you need to prepare for the filing of the Petition While your lawyer will prepare the Petition, which contains the facts supporting your claims, the legal ground of your nullity, and the relief you sought, as the Petitioner, you must gather the necessary documents. Collating these documents is a crucial step in filing for the Declaration of Nullity of Marriage, as these documents will serve as your evidence to support your case. These documents are, but not limited to: Step 3: Drafting and Filing of the Petition The Petition must be filed with the Regional Trial Court that has jurisdiction over the residence of either you or your spouse. For your petition to be considered as filed, you must pay the docket fee. Once the docket fee has been paid, the Office of Executive Clerk of Court will then raffle and assign your case to the Family Court of the Regional Trial Court. Step 4: Court Proceedings (Important Hearings wherein the Petitioner is required to appear) The Clerk of Court of the Regional Trial Court assigned to the case will then issue a Summons to your spouse, together with the Petition. Once the Summons has been served to your spouse, the Court has now acquired jurisdiction over you and them. This means that the Court will now hear the presentation of evidence of both parties. Take note that the following hearings require your appearance, such as, but not limited to: Step 5: Decision and Decree of Declaration of Absolute Nullity of Marriage (Annulment) After trial, the Court may grant or deny the Petition. If the Court grants the Petition, and no appeal has been made, the Court will issue an Entry of Judgment. Both parties may appeal the decision of the Court, depending on the judgment. Once an Entry of Judgment has been issued, you may now start the process of having it recorded: first in the Civil Registry where the Family Court is located, and second, in the Civil Registry where the marriage is recorded. After this, a Decree of Declaration of Absolute Nullity of Marriage will be issued by the Court. Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer. To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments, suggestions, and inquiries, email legal@sadsadtamesislaw.com. ABOUT THE AUTHOR: Atty. Alia Jacinta Coleen A. Del Rosario obtained her Juris Doctor degree from the Arellano University School of Law, and holds a Bachelor’s Degree in Business Administration with a Major in Marketing Management. With a background as a Paralegal, she has built her expertise in the legal field by taking on a broad range of responsibilities. She has represented clients in small claims cases, participated in Single Entry Approach (SENA) hearings for labor disputes, and provided assistance in various other legal matters. 

Disputes, disagreements, and conflicts are common in people’s everyday lives, but sometimes, they escalate, and the need for overseeing authority and fair and efficient ways to resolve them becomes essential. And so enters the Philippine court system with corresponding jurisdiction over different cases. However, due to clogged court cases, dysfunction and delays in judicial decisions and awards persist in the country. As such, the State enacted Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 (ADR Act), which sought to actively promote party autonomy in the resolution of disputes or the freedom of parties to make their own arrangements to resolve their disputes, achieve speedy and impartial justice, and unclog court dockets.  The ADR Act adopts the United Nations Commission on International Trade Model Law on International Arbitration (UNCITRAL Model Law) and employs the Alternative Dispute Resolution System, which, according to Section 3 of the Act, refers to any process or procedure for resolving a dispute or controversy assisted by a neutral third party instead of a court presiding judge or an officer of a government agency.  With the agreement of both parties, ADR Providers, such as institutions or persons accredited or nonaccredited as mediators, conciliators, arbitrators, neutral evaluators, etc., exercise ADR functions. Forms of ADR The most commonly used are arbitration and mediation. Arbitration According to Section 3 (d), arbitration means a voluntary dispute resolution process in which one or more arbitrators, appointed per the agreement of the parties, or rules promulgated under this Act, resolve a dispute by rendering an award. The Republic Act No. 876 continues to govern domestic arbitration, subject to the applicable provisions of the ADR Act and its Implementing Rules and Regulations (IRR) and the Model Law on International Commercial Arbitration adopted by the UNCITRAL on 21 June 1985.  On the other hand, the ADR Act, its implementing rules and regulations, and the New York Convention govern foreign arbitration.  Mediation According to Section 3 (q), mediation is a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assists the parties in reaching a voluntary agreement regarding a dispute. Other forms of ADR include: Conciliation According to the Cooperative Development Authority (CDA), conciliation is a process whereby a neutral third party takes a vigorous and active role in assisting disputants in formulating solutions to reach an amicable settlement. Conciliation can be considered under mediation. Early Neutral Evaluation Section 3 (n) of the Act defines early neutral evaluation as an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. Mini-trial According to Section 3 (u), a mini-trial is a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement. And any combination of the foregoing. ADR Services Mandated in Section 49 of the Act, the Office of Alternative Dispute Resolution (OADR) which is an attached agency to the Department of Justice (DOJ), is established to promote, develop, and expand the use of ADR in the private and public sectors. It also aims to assist the government in monitoring, studying, and evaluating the use by the public and the private sector of ADR, and recommend to Congress necessary statutory changes to develop, as well as to strengthen and improve ADR practices following world standards. These are other agencies that also offer ADR services: To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments, suggestions, and inquiries, email legal@sadsadtamesislaw.com.

The Philippines currently ranks as a Tier I country in its serious and sustained efforts to eliminate trafficking in a 2024 report by the US Department of State. However, it remains a problem in the country, mainly targeting those in the rural and urban communities in impoverished and conflict areas. In the 2023 Global Slavery Index (GSI) by Walk Free international human rights group, the Philippines ranks seventh in the Asia Pacific region (out of 27 countries) in the prevalence and the total number of people living in any situation of exploitation or what they call “modern slavery”, and 36th out of 160 globally. The GSI estimates 859,000 that on any given day in 2021, there were 859,000 Filipinos in modern slavery, which is equivalent to 7.8 people in modern slavery for every thousand people in the country.  With one of the largest migrant populations in the world, the Philippines remains vulnerable to both domestic and overseas trafficking. Perpetrators not only include Filipino citizens but also tourists, specifically sex tourists, from more wealthy and developed countries that often dodge their sex offense charges in their home countries and look to exploit women and children here. To address such issues, the Inter-Agency Council Against Trafficking (IACAT) approved the DOJ Memorandum Circular No. 036-2015 on January 15, 2015, which highlights the framework and guidelines for Departure Formalities for International-Bound Passengers in all Philippine airports which still serves as the prevailing rule for travel today.  Primary Inspection All passengers that are international-bound shall undergo primary inspection, this shall be the usual presentation of travel documents. The Bureau of Immigration officers shall interview the passenger about the travel’s purpose and carefully check the passenger’s travel documents. For Regular Tourists For First-Time and Returning Overseas Filipino Workers (OFWs) For Returning OFWs (Balik-Manggagawa) For Minors Traveling Abroad For Spouses or Partners of Foreign Nationals For Business Travelers Secondary Inspection The officer may deny departure or endorse the passenger for a secondary inspection if there is a misrepresentation of the purpose of travel. These are the instances that the PIO shall refer the passenger for secondary inspection: For OFWs and Returning Workers For First-Time Travelers Meeting Foreign Partners For Tourists with Weak Travel Justification For Minors and Vulnerable Individuals Guidelines on Deferred Departure Passengers In cases where a passenger is deferred from departure due to suspected human trafficking, illegal recruitment, or fraudulent documentation, the following procedures apply: Turnover to Proper Authorities Documentation and Record-Keeping Assistance and Re-evaluation These processes are implemented under the Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364).The government aims to protect vulnerable individuals while ensuring the constitutional right to travel is not unreasonably restricted. To read more STLAF legal tidbits, visit www.sadsadtamesislaw.com/bits-of-law. For comments and inquiries, email legal@sadsadtamesislaw.com.

By law, every employee is entitled to a Night Shift Differential Pay of at least 10% of his regular wage for work performed during the night shift. According to P.D. 442, Labor Code, Article 86, Section 2, Rule II, Book Three of the Omnibus Rules Implementing the Labor Code, and Section 1 of Republic Act No. 11701 or the Night Shift Differential Pay for Government Employees, Night Shift Differential Pay is given to: (1) Employees who work at any time from 10:00 PM to 6:00 AM the following day and (2) Government employees who work at any time from 6:00 PM to 6:00 AM the following day. More importantly, it is not optional for companies and government entities to grant such pay, as this is required by law. It is the right of the employees to receive such indemnity if they work the night shift. The law recognizes the possible effects on an employee’s health while working the night shift. It is important to note that night shift differential pay is not a bonus or incentive but a form of indemnity.  Employees are entitled to night shift differential pay regardless of status (regular, probationary, project, etc.). Similarly, whether employees are paid monthly or daily is irrelevant, the rules for Night Shift Differential Pay shall still apply. Who cannot receive night shift differential pay? How to compute night shift differential pay in the Philippines? Employee’s Daily Wage: ₱1,000Employee’s Hourly Wage: ₱1,000 / 8 hours = ₱125 Assuming there is no overtime, Employee’s Work Schedule: 10:00 PM to 6:00 AMNumber of hours worked between 10:00 PM to 6:00 AM: 8 hoursNight Shift Differential: Hourly Wage x Number of NS Hours Worked x 10%= ₱125 x 8 hours x 0.10 = ₱100 Total Take Home Pay: Daily Wage + NSD = ₱1,000 + ₱100= ₱1,100

Managing the payment of an employee’s wages is typically a task assigned to members under the Finance and Human Resources Department of an employer. In the Philippines, payment of wages is governed by Presidential Decree No. 442 (P.D. 442), otherwise known as the Labor Code. Under the decree, payroll computation is simply: Gross Pay – Deductions = Net Pay Gross Pay typically consists of different variables, with the usual being the following: Deductions, on the other hand, are usually the following: Employee wages should comply with the Wage Rationalization Act (R.A. 6727), which sets the minimum wage rate for each region, province, and industry sector. Workers should be able to receive their wages twice monthly, at intervals not exceeding 16 days. If payment cannot be made due to force majeure, wages must be paid immediately once the issue is resolved. Employers cannot pay wages less often than once a month, per Article 103 of the Labor Code. Work Hours Benefits and Conditions Other work and wage benefits and conditions in the Labor Code include: The daily maternity benefit is 100% of the female member’s average daily salary credit (ADSC) for: Employed women receive full pay, combining their SSS maternity benefit and a salary differential from their employer. Setting Up Payroll Setting up the company’s payroll system requires strict observance and adherence to the relevant local laws encompassing it. To set up the payroll:  The Labor Code protects the rights of employees; employers who commit labor standards violations may be reported before the DOLE or its regional offices by filing the appropriate complaint. Similarly, employees can file a report to SSS, Philhealth, and/or Pag-IBIG for non-remittance of contributions. 

Are you a first time job seeker? An applicant fresh out of university? A newly employed with not enough valid documents and cards? The Republic Act No. 11261, also known as the First Time Job Seeker Act, is here to guide you. The First Time Job Seeker Act (RA 11261) aims to help first-time job seekers obtain these documents at no cost. It also aims to promote full employment and equality of work opportunities, whether locally or abroad, for Filipino citizens. With the presentation of a barangay certificate stating that an applicant is a first-time job-seeker, Section 4 of the Act lists the following governmental transactions as waived from the collection of fees and charges: However, the waiver of fees and charges does not include those collected in connection with an application to take a professional licensure examination conducted by the Professional Regulation Commission (PRC), an application for a Philippine passport authentication, and red ribbon of documents from the Department of Foreign Affairs (DFA), application for a Career Service Examination (CSE) with the Civil Service Commission (CSC), and application for a driver’s license from the Land Transportation Office, per Section 8 of said Act. Furthermore, the benefits provided under this Act can only be availed once. Online application resources and appointment services are linked for your convenience. RELATED ARTICLE: Employment Contract Red Flags That You Should Watch Out For

In the world of callout posts and screenshots, it’s becoming more and more common for private, personal issues to be posted online for the world to see. If the issue in question involves public figures, or if it’s posted at exactly the right time to be viral, it could spread to millions of people through shares and reposts on social media. A common example of such an occurrence is when an affair is exposed through screenshots of private text messages. Every story has two sides, and in this situation, two legal questions arise. First, what legal remedies are available to you if your private conversations are posted on social media? Second, what legal remedies are available to you if you are the victim of an affair? Let’s discuss. On posting private conversations online  The Philippines has a lot of legal frameworks in place to protect an individual’s right to privacy. Leaking of private conversations is generally illegal and can have both civil and criminal repercussions. Laws that address unauthorized sharing of private conversations include: However, there are situations when victims of undisclosed private correspondence can still be held accountable for their actions showcased in the leaked material. In the recent case of People vs. Rodriguez, the Supreme Court declared that the Data Privacy Act of 2012 still “allows the processing of sensitive personal information to determine a person’s criminal liability and to protect the rights and interests of persons in court proceedings.” Furthermore, as to whether RA 4200 or the Anti-Wiretapping Law applies, the answer is NO. The Supreme Court has clarified that the prohibition therein only applies to instruments used for tapping the main line of a telephone, or for intercepting telephone conversations.  Section 1 of the same law provides:  “Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described.” In this regard, the Supreme Court has expounded that the phrase “device or arrangement” in Section l of [Republic Act] No. 4200, although not exclusive to that enumerated therein, should be construed to comprehend instruments of the same or similar nature, that is, instruments the use of which would be tantamount to tapping the main line of a telephone. It refers to instruments whose installation. or presence cannot be presumed by the party or parties being overheard because, by their very nature, they are not of common usage and their purpose is precisely for tapping, intercepting or recording a telephone conversation.  In the case of taking screenshots of private conversations, a victim thereof cannot find solace in RA 4200 as it is not applicable simply because such acts are not in the same nature as “tapping the main line of a telephone.” On being a victim of infidelity On the other hand, a victim of an affair might want to seek legal help and may want to know if she is entitled to any actual, compensatory, moral, or exemplary damages. Let us see if such a case can hold any water. (a) “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: While the case of XXX vs. People of the Philippines referred to marital infidelity, RA 9262 does not limit psychological violence to married victims. The law is clear—-victims in a dating relationship are likewise protected.  Thus, it can be safely inferred that infidelity committed while being in a dating relationship may be deemed as a form of psychological violence, provided that it causes mental or emotional anguish to the victim.  To conclude, any victim of violence under RA 9262 shall be entitled to actual, compensatory, moral and exemplary damages.