You are on page 1of 13

Solo Parent's Welfare Act and Parental

Leave
WHAT IS THE SOLO PARENTS WELFARE
ACT?
RA 8972 or the Solo Parents Welfare Act
provides for benefits and privileges to solo
parents and their children. It aims to develop a
comprehensive package of social development
and welfare services for solo parents and their
children to be carried out by the Department of
Social Welfare and Development (DSWD), as
the lead agency, various government agencies
including NSO and other related NGOs.
WHEN DID RA 8972 TAKE EFFECT?
RA 8972 was signed into law on November 7,
2000 and took effect on November 28, 2000.
Its implementing rules and regulations (IRR)
was approved in April 2002.
WHO ARE CONSIDERED AS SOLO
PARENT?
Solo Parent is any individual who falls under
any of the following categories:
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
mother keeps and raises the child.
2. Parent left solo or alone with the
responsibility of parenthood due to the
following circumstances:
a. Due to death of spouse.
b. Spouse is detained or is serving
sentence for a criminal conviction for at
least one (1) year.
c. Physical and/or mental incapacity of
spouse as certified by a public medical
practitioner.
d. 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.
e. 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.
3. 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.
4. Any other person who solely provides
parental care and support to a child or children.
5. 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.
WHAT ARE THE CONDITIONS FOR THE
TERMINATION OF THE PRIVILEGES OF A
SOLO PARENT?
A change in the status or circumstances of the
parent claiming benefits under this Act, such
that he/she is no longer left alone with the
responsibility of parenthood, shall terminate
his/her eligibility for benefits such as change in
the status with marriage, the concerned parent
is no longer left alone with the responsibility of
parenthood, etc.
DOES THE SOLO PARENT ACT APPLY TO
THOSE WHOSE SPOUSE IS ABROAD?
The law did not consider this as one of the
categories of solo parent since the other
spouse still exercises duties over his/her
family. However, if the other parent is abroad
and has lost contact with his/her family for a
year or more, the other parent who is left with
the custody of the family, may be considered
as solo parent, provided proofs are presented
to qualify as such.
WHAT IS THE PACKAGE OF SERVICES
FOR SOLO PARENT?
The comprehensive package of
programs/services for solo parents includes
livelihood, self-employment and skills
development, employment-related benefits,
psychosocial, educational, health and housing
services.
WHAT ARE THE CRITERIA FOR SUPPORT?
Any solo parent whose income in the place of
domicile falls below the poverty threshold as
set by the National Economic and
Development Authority (NEDA) and subject to
the assessment of the DSWD worker in the
area shall be eligible for assistance. A Solo
Parent can directly inquire from the following
agencies to avail of their services:
1. Health Services (DOH)
2. Educational Services (CHED, TESDA)
3. Housing (NHA)
4. Parental Leave (Employer, DOLE, CSC)
Solo parent whose income is above the
poverty threshold shall enjoy only such limited
benefits as flexible work schedule, parental
leave and others to be determined by the
DSWD.
WHAT ARE THE STEPS TO AVAIL OF THE
PACKAGE OF SERVICES?
A solo parent shall apply for a Solo Parent
Identification Card (Solo Parent ID) from the
City/Municipal Social Welfare and
Development (C/MSWD) Office. Once the
C/MSWD Office issues the Solo Parent ID, a
solo parent can apply for services he/she
needs from the C/MSWD Office or to specific
agencies providing such assistance/services.
WHAT ARE THE REQUIREMENTS IN
SECURING A SOLO PARENT ID?
1. Barangay certificate residency in the area;
2. Documents/Evidence that the applicant is a
solo parent (e.g. death certificate of spouse,
declaration of nullity of marriage, medical
certificate if incapacitated); and
3. Income Tax Return (ITR) or certification from
the barangay/municipal treasurer.
WHAT DOCUMENT/PROOF WILL A SOLO
PARENT PRESENT IF HE/SHE HAS CHILD
OR IS DE FACTO SEPARATED FROM
HUSBAND/WIFE?
A Certificate issued by the Barangay Captain
indicating the circumstances on ones being a
solo parent.
IF A SOLO PARENT FILES THE
APPLICATION, CAN AN ID BE SECURED
RIGHT AWAY?
No. The Social Worker has to complete the
assessment/evaluation of the solo parent
situation. The ID will be issued after 30 days
from filing. The validity of the ID is one year
and is renewable.
WHAT IS PARENTAL LEAVE?
Parental Leave refers to leave benefits granted
to a solo parent to enable said parent to
perform parental duties and responsibilities
where physical presence is required as
provided under Civil Service Commission
(CSC) Memorandum Circular No. 08, series
2004.
IS PARENTAL LEAVE RETROACTIVE
SINCE THE LAW TOOK EFFECT LAST
NOVEMBER 2000?
No. Parental leave is non-cumulative and can
be availed only during the current year.
Further, it can only be availed after the
issuance of the Solo Parent ID.
IS THE 7-DAY PARENTAL LEAVE IN
ADDITION TO THE EXISTING 3-DAY
SPECIAL LEAVE PRIVILEGE?
The law clearly indicates that the granting of
the 7-day parental leave is on top of the 3-day
special leave and other mandatory leave
benefits.
CAN A SOLO PARENT APPLY FOR
PARENTAL LEAVE FOR ANY CHILD?
Yes, as long as the child is living with him/her,
dependent for support, unmarried, unemployed
and below eighteen (18) years old, or eighteen
(18) years old and above but is incapable of
self-support and/or with physical/mental
defect/disability.
WHAT ARE THE CONDITIONS FOR
GRANTING PARENTAL LEAVE TO SOLO
PARENTS?
The parental leave of seven (7) days shall be
granted to any Solo Parent employee subject
to the following conditions:
1. The solo parent must have rendered
government service for a least one (1) year,
whether continuous or broken, reckoned at the
time of the effectivity of the law on September
22, 2002, regardless of the employment status.
2. The parental leave shall be availed of every
year and shall not be convertible to cash. If not
availed within the calendar year, said privilege
shall be forfeited within the same year.
3. The parental leave shall be availed of on a
continuous or staggered basis, subject to the
approval of the Administrator. In this regard,
the solo parent shall submit the application for
parental leave at least one (1) week prior to
availing the solo parent leave, except on
emergency cases.
4. The solo parent employee may avail of
parental leave under any of the following
circumstances:
a. Attend to personal milestones of a
child such as birthday, communion,
graduation and other similar events;
b. Perform parental obligations such as
enrollment and attendance in school
programs, PTA meetings and the like;
c. Attend to medical social, spiritual and
recreational needs of the child;
d. Other similar circumstances necessary
in the performance of parental duties and
responsibilities, where physical presence
of the parent is required.
5. The head of agency/office concerned may
determine whether granting of parental leave is
proper or may conduct the necessary
investigation to ascertain if grounds for
termination and withdrawal of the privilege
exist.
CAN A SOLO PARENT AVAIL OF THE
MATERNITY LEAVE?
There is no provision in the law that there is a
maternity leave for Solo Parents, however,
other laws can be applied.
Sexual Harassment Cases
WHAT IS SEXUAL HARASSMENT?
It is an act or a series of acts involving any
unwelcome sexual advance, request or
demand for a sexual favor, or other verbal or
physical behavior of a sexual nature,
committed by a government employee or
official in a work-related, training- or education-
related environment.
WHAT IS THE POLICY OF THE STATE ON
SEXUAL HARASSMENT?
Sexual harassment, which has been declared
unlawful in the workplace, training and
education environments, will not be tolerated
as it violates the dignity and human rights of a
person.
WHAT IS THE PRESENT LAW ON SEXUAL
HARASSMENT?
R.A. 7877, an Act Declaring Sexual
Harassment Unlawful in the Employment,
Education or Training Environment, and for
other purposes was approved on February 14,
1995 and became effective on March 5, 1995,
fifteen (15) days after its publication in the
Malaya and Times Journal on February 18,
1995. It is known as The Anti-Sexual
Harassment Act of 1995.
WHAT IS CIVIL SERVICE COMMISSION
(CSC) RESOLUTION NO. 01-0940?
It is known as the Administrative Disciplinary
Rules on Sexual Harassment Cases.
WHAT IS THE EFFECT OF CSC
RESOLUTION NO. 01-0940 TO PRIOR
ISSUANCES OF THE CSC AND THE
DEPARTMENT OF LABOR AND
EMPLOYMENT?
It supersedes or repeals prior CSC issuances
such as MC No. 19, s. 1994 and CSC Res. 95-
6161. DOLE Administrative Order No. 250, s.
1995 has to be amended accordingly or
replaced altogether, in consonance with the
changes made in the new CSC Rules on
Sexual Harassment.
WHERE CAN SEXUAL HARASSMENT BE
COMMITTED UNDER THE PROVISIONS OF
CSC RESOLUTION NO. 01-0940?
Sexual harassment may take place:
1. in the premises of the workplace or office or
of the school or training institution;
2. in any place where the parties were found,
as a result of work or education or training
responsibilities or relations;
3. at work or education- or training-related
social functions;
4. while on official business outside the office
or school or training institution or during work
or school or training-related travel;
5. at official conferences, fora, symposia or
training sessions; or
6. by telephone, cellular phone, fax machine or
electronic mail.
WHEN IS SEXUAL HARASSMENT
COMMITTED IN THE EMPLOYMENT OR
WORK-RELATED ENVIRONMENT?
Work-related sexual harassment is committed
when:
1. the submission to or rejection of the act or
series of acts is used as basis for any
employment decision (including but not limited
to, matters related to hiring, promotion, raises
in salary, job security, benefits and any other
personnel action) affecting the
applicant/employee; or
2. the act or series of acts have the purpose or
effect of interfering with the complainants work
performance, or creating an intimidating,
hostile or offensive work environment; or
3. the act or series of acts might reasonably be
expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a
complainant who may be a co-employee,
applicant, customer, or ward of the person
complained of.
WHEN IS SEXUAL HARASSMENT
COMMITTED IN AN EDUCATION OR
TRAINING ENVIRONMENT?
Education or training related sexual
harassment is committed when:
1. the submission to or rejection of the act or
series of acts is used as a basis for any
decision affecting the complainant, including,
but not limited to, the giving of a grade, the
granting of honors or a scholarship, the
payment of a stipend or allowance, or the
giving of any benefit, privilege or consideration;
or
2. the act or series of acts have the purpose or
effect of interfering with the performance, or
creating an intimidating, hostile or offensive
academic environment of the complainant; or
3. the act or series of acts might reasonably be
expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice,
intern, tutee or ward of the person complained
of.
WHEN IS A GOVERNMENT
OFFICIAL/EMPLOYEE LIABLE FOR
SEXUAL HARASSMENT?
A government official or employee, regardless
of sex, is liable for sexual harassment when
he/she:
1. directly participates in the execution of any
act of sexual harassment as defined by the
Administrative Disciplinary Rules on Sexual
Harassment Cases;
2. induces or directs another or others to
commit sexual harassment as defined by these
Rules;
3. cooperates in the commission of sexual
harassment by another through an act without
which the sexual harassment would not have
been accomplished; or
4. cooperates in the commission of sexual
harassment by another through previous or
simultaneous acts.
WHAT ARE THE FORMS OF SEXUAL
HARASSMENT?
1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests
or demands for sexual favors, and lurid
remarks
3. Use of objects, pictures or graphics, letters
or written notes with sexual underpinnings
4. Other forms analogous to the foregoing.
WHAT ARE THE FUNCTIONS OF THE
COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) IN SEXUAL
HARASSMENT CASES?
The CODI shall:
1. Receive complaints of sexual harassment;
2. Investigate sexual harassment complaints in
accordance with the prescribed procedure;
3. Submit a report of its findings with the
corresponding recommendation to the
disciplining authority for decision; and
4. Lead in the conduct of discussions about
sexual harassment within the agency or
institution to increase understanding and
prevent incidents of sexual harassment.
WHAT IS THE COMPOSITION OF THE
CODI?
At least one (1) representative each from:
1. In a work-related environment:
i. the management
ii. the accredited union (if any)
iii. the first level employees iv. the second
level employees
2. In an educational/training institution:
i. the administrator
ii. the trainers, teachers, instructors,
professors or coaches
iii. the students or trainees
The term of office of the members of the CODI
shall not be more than two (2) years.
AT THE PRE-FILING STAGE, WHAT
ASSISTANCE CAN THE AGENCY PROVIDE
TO AN ALLEGED VICTIM OF SEXUAL
HARASSMENT?
The agency may adopt mechanism to provide
assistance to an alleged victim of sexual
harassment which may include:
1. counseling;
2. referral to an agency offering professional
help; and
3. advice or options available before the filing
of the complaint.
WHAT ARE THE STANDARD PROCEDURAL
REQUIREMENTS IN HANDLING A SEXUAL
HARASSMENT CASE?
1. When can a complaint for sexual
harassment be filed?
Anytime
2. With whom can a complaint file a complaint
for sexual harassment be filed?
With the disciplining authority of the office/
agency; or with the Committee on Decorum
and Investigation. Upon receipt of the
complaint, the disciplining authority of the
office/agency shall transmit the same to the
CODI, if there is any.
In the absence of a CODI, the head of
office/agency shall cause the creation of a
CODI in accordance with the law and rules and
transmit the complaint to said Committee.
3. What are the requirements for a complaint?
It must be in writing, signed and sworn to by
the complainant, and contains the following:
Full name and address of the
complainant;
Full name, address, and position of the
respondent;
A brief statement of the relevant facts;
Residence, in support of the complaint,
if any; and
A certification of non-forum shopping.
In the absence of any one of the
aforementioned requirements, the complaint
shall be dismissed without prejudice to its
refilling.
4. Are complaints sent thru telegram,
radiogram, electronic mail or similar means
considered as filed?
Yes, if the requirements provided in Section 12
(b) of Resolution No. 01-0940 are complied
with. In the absence of the said requirements,
the complaint is considered non-filed.
Complainant has to be notified to comply within
ten (10) days from receipt of the notice for
compliance.
5. Shall the withdrawal of the complaint at any
stage of the proceedings preclude the CODI
from proceeding with the investigation?
When there is obvious truth or merit to the
allegations in the complaint or where there is
documentary or direct evidence that can prove
the guilt of the person complained of, the CODI
can proceed with the investigation.
WHAT WILL BE THE ACTION OF THE CODI
ON THE COMPLAINT?
1. Counter-Affidavit/Comment of Person
Complained of
Upon receipt of a complaint that is sufficient in
form and substance, the CODI shall require the
person complained of to submit a Counter-
Affidavit/Comment under oath within three (3)
days from receipt of the notice, furnishing a
copy to the complainant; otherwise, the
Counter-Affidavit/ Comment shall be
considered as not filed.
2. Preliminary Investigation
The CODI shall conduct a preliminary
investigation which shall involve the ex parte
examination of documents submitted by the
complainant and the person complained of, as
well as documents readily available from other
government offices.
During the preliminary investigation, the parties
may submit affidavits and counter-affidavits.
3. Formal Charge
Upon receipt of the counter-affidavit/comment
under oath, the Committee on Decorum and
Investigation may now recommend whether a
prima facie case exists to warrant the issuance
of a formal charge.
Strict confidentiality of the proceedings during
preliminary investigation by the CODI shall be
exercised.
WHAT SHALL BE THE DURATION OF THE
PRELIMINARY INVESTIGATION?
The preliminary investigation shall commence
not later than five (5) days from receipt of the
complaint by the CODI. It shall be terminated
within fifteen (15) working days thereafter.
WHEN WILL THE CODI SUBMIT ITS
INVESTIGATION REPORT ON THE
PRELIMINARY INVESTIGATION?
The CODI shall submit the Investigation Report
and the complete records of the case to the
disciplining authority within five (5) working
days from the termination of the preliminary
investigation.
WHAT WILL BE THE ACTION OF THE
DISCIPLINING AUTHORITY AFTER
PRELIMINARY INVESTIGATION?
Within three (3) working days from receipt of
the investigation report, the disciplining
authority shall issue a formal charge if a prima
facie case is established during the
investigation. If a prima facie case is not
established during the investigation, the
complaint shall be dismissed within three (3)
working days from receipt of the investigation
report.
WHAT ARE THE CONTENTS OF THE
FORMAL CHARGE?
1. A specification of the charge/s;
2. A brief statement of material or relevant
facts;
3. Certified true copies of the documentary
evidence, if any;
4. Sworn statement covering the testimony of
witness/es;
5. A directive to answer the charge/s in writing
under oath in not less than seventy-two (72)
hours from receipt thereof;
6. An advice for the respondent to indicate in
his/her answer whether or not he/she elects a
formal investigation of the charges; and
7. A notice that he/she is entitled to be assisted
by a counsel of his/her choice.
CAN THE RESPONDENT SUBMIT
ADDITIONAL EVIDENCE/S AFTER THE
PRELIMINARY INVESTIGATION?
Yes, even if he has already submitted his/her
comment/s and counter affidavits during the
preliminary investigation.
WHAT WILL BE THE CONTENT OF THE
ANSWER OF THE RESPONDENT?
The answer, which must be in writing and
under oath, shall be specific and shall contain
material facts and applicable laws, if any,
including documentary evidence/s, sworn
statements covering testimonies of witnesses,
if any, in support of respondent's case. It shall
also include a statement indicating whether
he/she elects a formal investigation. The
answer must be filed within seventy-two (72)
hours from receipt thereof.
WHAT WILL BE THE EFFECT IF
RESPONDENT FAILS OR REFUSES TO
ANSWER WITHIN THE 72 HOURS
REQUIREMENT?
It shall be considered a waiver of respondents
right to answer and a formal investigation may
commence.
WHEN CAN PREVENTIVE SUSPENSION BE
APPLIED?
Preventive suspension can be applied upon
petition of the complainant or motu propio upon
the recommendation of the CODI after the
service of the Formal Charge to the
respondent.
The proper disciplining authority may order the
preventive suspension during the formal
investigation, if there are reasons to believe
that the person complained of is probably guilty
of the charges which would warrant his/her
removal from the service.
WHAT IS THE PURPOSE OF THE
PREVENTIVE SUSPENSION?
An order of preventive suspension may be
issued to temporarily remove the respondent
from the scene of his/her malfeasance or
misfeasance and to preclude the possibility of
his/her exerting undue influence or pressure on
the witnesses against his/her tampering of
documentary evidence on file with this Office.
HOW LONG IS THE PERIOD OF
PREVENTIVE SUSPENSION?
Preventive suspension for an administrative
case shall not be more than ninety (90) days
unless otherwise provided by a special law.
WHAT REMEDIES FROM THE PREVENTIVE
SUSPENSION CAN BE AVAILED OF BY THE
RESPONDENT?
Within fifteen (15) days from receipt of order,
respondent may:
1. file a motion for reconsideration with the
disciplining authority; or
2. elevate the same to the Civil Service
Commission by way of an appeal.
WHEN CAN A FORMAL INVESTIGATION BE
CONDUCTED? BY WHOM?
If the CODI deems that a formal investigation is
necessary to decide the case judiciously, it
shall conduct an investigation not earlier than
five (5) days nor later than ten (10) days from
receipt of the respondents answer. It shall be
finished within thirty (30) days from the
issuance of the formal charge or the receipt of
the answer unless the disciplining authority
extends the period.
WHAT IS THE PRE-HEARING
CONFERENCE?
The pre-hearing conference may be conducted
by the CODI at the commencement of the
formal investigation to agree on matter/s that
would expedite the hearing.
The hearing proper and the order of
presentation of evidence/s is governed by
Sections 26 to 35 of the Administrative
Disciplinary Rules on Sexual Harassment
Cases of the CSC.
WHEN IS THE FORMAL INVESTIGATION
REPORT SUBMITTED? TO WHOM?
Within fifteen (15) days after the conclusion of
the formal investigation, a report containing a
narration of the material facts established
during the investigation, the findings and the
evidence supporting said findings, as well as
the recommendations, shall be submitted by
the CODI to the disciplining authority together
with the complete records of the case.
Within thirty (30) days from receipt of the
investigation report, the disciplining authority
shall render his/her decision on the case.
WHEN IS A DECISION ON A SEXUAL
HARASSMENT CASE BY THE
DISCIPLINING AUTHORITY FINAL AND
EXECUTORY?
The decision of the disciplining authority is final
and executory when the penalty of suspension
is not more than thirty (30) days or a fine of not
more than the equivalent of thirty (30) days
salary is imposed.
WHEN IS A PENALTY OF SUSPENSION
APPEALABLE TO THE CIVIL SERVICE
COMMISSION?
A penalty of suspension exceeding thirty (30)
days or a fine exceeding the equivalent of thirty
(30) days salary of the respondent shall be
appealable to the ommission after the lapse of
the reglamentary period for filing a motion for
reconsideration or an appeal and no such
pleading has been filed.
WHAT ARE THE REMEDIES AFTER A
DECISION?
1. Motion for reconsideration by the adversed
party
2. Appeal to the Civil Service Commission if
penalty imposed exceeds thirty (30) days
suspension or fine exceeding the equivalent of
thirty (30) days salary. The appeal may be
initially appealed to the department head (for
decisions rendered by the bureau or office
head that are appealable to the CSC)
3. Petition for review with the CSC by a
complainant for a decision of a disciplining
authority dismissing a complaint for lack of
prima facie case
4. Petition for review with the Court of Appeals
on a decision made by the CSC
5. Petition for certiorari in the proper court by
the aggrieved party
WHEN CAN A MOTION FOR
RECONSIDERATION BE FILED BY THE
ADVERSED PARTY?
The party adversely affected by the decision
may file a motion for reconsideration with the
disciplining authority who rendered the
decision within fifteen (15) days from receipt
thereof.
Such is deemed filed on the date stamped on
the official copy by the proper receiving
authority, and if sent by mail, on the date
shown by the postmark on the envelope, which
shall be attached to the records of the case.
The filing of the motion for reconsideration
within the reglamentary period shall stay the
execution of the decision sought to be
reconsidered.
WHAT CAN BE THE BASIS FOR A MOTION
FOR RECONSIDERATION?
1. New evidence has been discovered which
materially affects the decision rendered; or
2. The decision is not supported by the
evidence on record; or
3. Errors of law or irregularities have been
committed prejudicial to the interest of the
movant.
CAN THERE BE MORE THAN ONE MOTION
FOR RECONSIDERATION?
No, only one motion for reconsideration shall
be entertained.
WHEN CAN AN APPEAL FOR DECISIONS
OF HEADS OF DEPARTMENTS,
PROVINCES, CITIES, MUNICIPALITIES AND
OTHER INSTRUMENTALITIES BE
APPEALED TO THE CSC?
For a decision where the penalty imposed is
more than thirty (30) days suspension or a fine
exceeding the equivalent of thirty (30) days
salary, it may be appealed to the CSC within a
period of fifteen (15) days from receipt thereof.
A notice of appeal, including the appeal
memorandum, shall be filed with the appellate
authority with a copy furnished to the
disciplining office. The latter shall submit the
records of the case, which shall be
automatically and chronologically arranged,
paged and securely bound to prevent loss with
its comment within fifteen (15) days, to the
appellate authority.
WHEN IS THE APPEAL DEEMED FILED?
HOW MUCH IS THE APPEAL FEE?
An appeal sent by mail shall be deemed filed
on the date shown by the postmark on the
envelope, which shall be attached to the
records of the case and in case of personal
delivery, the date stamped thereon by the
proper office.
The appellant shall pay an appeal fee of three
hundred pesos (P300.00) and a copy of the
receipt shall be attached to the appeal.
WHEN IS AN APPEAL PERFECTED?
The appeal is perfected when the appellant
shall have submitted within fifteen (15) days
from receipt of the decision the following:
1. Notice of appeal which shall specifically
state the date of the decision appealed from
and the date of receipt thereof;
2. Three copies of appeal memorandum
containing the grounds relied upon for the
appeal, together with the certified true copy of
the decision, resolution or order appealed from,
and certified copies of the document or
evidence;
3. Proof of service of a copy of the appeal
memorandum to the disciplining office;
4. Proof of payment of the appeal fee; and
5. A statement or certification of non-forum
shopping
WHAT IS THE EFFECT OF FAILURE TO
COMPLY WITH THE ABOVE
REQUIREMENTS WITHIN THE
REGLAMENTARY PERIOD?
It shall be construed as failure to perfect an
appeal and shall cause its dismissal.
WILL AN APPEAL FILED STOP THE
DECISION FROM BEING EXECUTORY?
The appeal shall not stop the decision from
being executory.
In case the penalty is suspension or removal,
the respondent shall be considered as having
been under preventive suspension during the
period of the appeal, in the event he wins the
appeal.
WHAT IS THE CLASSIFICATION OF ACTS
OF SEXUAL HARASSMENT?
Sexual Harassment is classified as:
1. Grave Offenses
a. unwanted touching of private parts of the
body (genitalia, buttocks, and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for
employment, promotion, local or foreign
travels, favorable working conditions or
assignments, a passing grade, the granting of
honors or scholarship, or the grant of benefits
or payment of a stipend or allowance; and
e. other analogous cases.
2. Less Grave Offenses
a. unwanted touching or brushing against a
victims body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or
innuendoes directed toward the members of
one sex or ones sexual orientation or used to
describe a person;
d. verbal abuse or threats with sexual
overtones; and
e. other analogous cases.
3. Light Offenses
a. surreptitiously looking or stealing a look at a
persons private part or worn undergarments;
b. telling sexist/smutty jokes or sending these
through text, electronic mail or other similar
means, causing embarrassment or offense and
carried out after the offender has been advised
that they are offensive or embarrassing or,
even without such advise, when they are by
their nature clearly embarrassing, offensive or
vulgar;
c. malicious leering or ogling;
d. the display of sexually offensive pictures,
materials or graffiti;
e. unwelcome inquiries or comments about a
persons sex life;
f. unwelcome sexual flirtation, advances,
propositions;
g. making offensive hand or body gestures at
an employee;
h. persistent unwanted attention with sexual
overtones;
i. unwelcome phone calls with sexual
overtones causing discomfort, embarrassment,
offense or insult to the receiver; and
j. other analogous cases.
The head of the agency who fails to act on the
complaint within fifteen (15) days from receipt
of any complaint for sexual harassment
properly filed against any employee in that
office shall be charged with neglect of duty.
Any person found guilty of sexual harassment
shall, after the investigation, be meted the
penalty corresponding to the gravity of the
offense.
WHAT ARE THE PENALTIES FOR
OFFENSES OF SEXUAL HARASSMENT?
1. Grave offenses - Dismissal
2. Less grave offenses
1 st offense - Fine or suspension for thirty
(30) days but not exceeding six (6) months
2 nd offense - Dismissal
3. Light offenses
1 st offense - Reprimand
2 nd offense - Fine or suspension not
exceeding thirty (30) days
3 rd offense - Dismissal
WHAT PENALTY SHALL BE APPLIED IF
THE RESPONDENT IS FOUND GUILTY OF
TWO (2) OR MORE CHARGES OR
COUNTS?
The penalty to be imposed shall be that
corresponding to the most serious charges or
count and the rest shall be considered as
aggravating circumstances.
WHAT ARE THE DUTIES OF THE
AGENCIES OF THE GOVERNMENT
ACCORDING TO THE CIVIL SERVICE
COMMISSION (CSC) ADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL
HARASSMENT CASES?
All national and local government agencies,
state colleges and universities, including
government-owned or controlled corporations
with original charter, shall promulgate or modify
their own rules and regulations in conformity
with these Rules, in consultation with their
employees, within six (6) months from the
effectivity of this Resolution.
All agencies of the government shall submit an
authenticated copy of their rules and
regulations on sexual harassment to the
Commission for approval within one (1) month
from the date of their promulgation. It shall
likewise submit to the Commission a list of the
members of their Committee on Decorum and
Investigation immediately after its composition.
All agencies of the government shall develop
an education and training program for their
officials and employees and the members of
their Committee on Decorum and Investigation
to increase understanding about sexual
harassment, prevent its occurrence, and
ensure proper investigation, prosecution and
resolution of sexual harassment cases.
The head of office who, after six (6) months
from the affectivity of this resolution, fails to
cause the promulgation or modification of the
agencys rules and regulations on sexual
harassment in conformity with these rules,
shall be charged with neglect of duty.
WHAT SHALL APPLY TO A CASE OF
SEXUAL HARASSMENT WHEN THE
AGENCY IS STILL IN THE PROCESS OF
PROMULGATING OR MODIFYING ITS OWN
RULES AND REGULATIONS?
During the period when the agency is still in the
process of promulgating or modifying its own
rules and regulations on sexual harassment, a
complaint alleging acts constituting sexual
harassment shall be administratively
prosecuted, resolved and adjudicated based
on these Rules.
Rules on Paternity Leave (RA 8187)
Male employees in the private sector are
entitled to a paternity leave under the following
conditions:
The new father must be legally married
to the mother of the newborn child
He is an employee at the time of birth or
miscarriage
He is cohabiting with his wife at the time
she gives birth or suffers a miscarriage
He has applied for paternity leave within
a reasonable time from the expected
date of delivery of his pregnant wife or
within such period as provided by
company rules or by collective
bargaining agreement
His wife has given birth or suffered a
miscarriage
Non conversion to cash: If the employee
does not avail of the paternity leave, this
benefit is not convertible to cash nor is it
cumulative.
Usage AFTER delivery: While application of
paternity leave must be made before the
delivery, it can only be used AFTER the
delivery of the child, unless company rules
allow prior usage.
Duration of paternity leave: 7 Calendar days
with full pay, consisting of basic pay and
mandatory allowances.
Limits: This benefit is applicable to the first
four (4) deliveries of the spouse of the
employee with whom he is cohabiting.
Why are married male employees
encouraged to file for paternity leave?

A paternity leave benefit is granted to married
male employees, which allows them seven
days of time off with pay so they can attend to
their wife's childbirth or miscarriage, and help
care for the newborn child while his wife is still
recuperating. When on paternity leave, male
employees whose wife just went through
childbirth are allowed not to report to work for
seven days, but would receive payment
equivalent to such number of days of leave.

In RA No. 8187, a delivery means a childbirth
(normal or by caesarian section), or
miscarriage.

Who are obliged to grant paternity leaves?

The payee would be the Social Security
System in the Philippines for the private sector
, and the GSIS for the public sector.
Corporations, trusts, firms, partnerships,
associations, and other employing agencies
that remit contributions to SSS and the GSIS
are obligated to grant paternity leave benefits
according to what are described by RA 8187.
Also check with your company if they have
separate policies on paternity benefits.

Who are qualified for paternity leave
entitlement?

Under the Paternity Leave Act of 1996, every
married male employee shall be entitled to a
paternity leave as soon as the legitimate
spouse has given birth. However, unlike
maternity leave benefits, only those husbands
who are living with their wives under the same
roof may be granted this benefit. If there are no
existing policies, talk it over with your boss or
your Human Resources manager on making a
special arrangement you can all agree on.

All employers are obligated by law to grant
paternity leave benefits to all married male
employees whose spouse is about to or has
given birth.

Paternity leave benefits are an excellent help
to families expecting a newborn child in the
coming months. However, like the maternity
leave, those eligible to take advantage of this
benefit should be able to notify their employers
and the SSS about their spouse's pregnancy
and the expected date of delivery. It's important
that you do this to give enough leeway in the
filing of your application.
RA 9262 is ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004 which was
adopted / signed on March 8, 2004 and took effect
last March 27, 2004
RA 9262 is a law that protects the rights of women
& their children & also eliminates violence as its
usually children and women are likely the victims
due to unequal power .relations
1. What is VAWC?
Violence Against Women and their Children
(VAWC) is defined as:
- Any act or a series of acts committed by any
person against a woman who is his wife, former
wife.
- Against a woman with whom the person has or
had a sexual or dating relationship, or with whom he
has common child,
- 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 abuseincluding threats of such acts
battering, assault, coercion, harassment or arbitrary
deprivation of liberty
2. Who are considered CHILDREN?
Anyone below 18 years of age, or older but
incapable of taking care themselves, including the
biological children of the victim and other children
under her care.
3. What are the FOUR (4) ACTS that constitute
VAWC ?
A.) Physical violence bodily harm or physical
harm.
B.) Sexual violence is an act, which is sexual in
nature such as rape, sexual harassment.
C.) Psychological violence is an act that causes
mental or emotional suffering to the victim such as
intimidation stalking, marital infidelity.
D.) Economic violence is acts that make the woman
financially dependent, such as withdrawal
on financial support, destroying household
property.
4. What are the rights of Victim Survivor?
To be treated with respect and dignity
To confidentiality
To avail of legal assistance from the PAO or
any public legal assistance
To be entitled to support services from the
DSWD and LGUs
To be entitled to all legal remedies and support
provided by the Family Code; T
To avail up to 10 days of leave of absence in
addition to other paid leaves
To be informed of their rights and the services
available to them, including their right to apply
for a protection order.
Violation of confidentiality shall have a penalty of
one-year imprisonment and a fine of not more than
500,000 pesos
5. What are the 3 types of Protection Orders?
Barangay Protection Order (BPO) is issued by
Punong Barangay / Kagawad; effective for 15 days
Temporary Protection Order (TPO) refers to the
protection order issued by the Court on the date of
filing after expartedetermination that such order
should be issued; effective for 30 days and
renewable / extendable.
Permanent Protection Order (PPO) refers to
protection order issued by court after notice and
proper hearing.
5. What is the purpose of Protection Orders ?
to prevent further acts of violence against a
woman or her child
safeguards the victim from further harm
minimizes any disruption in the victims daily life
facilitates the opportunity and ability of control
over her life
6. What are the Mandatory Services for victims-
survivors?
temporary shelter
counseling
psycho-social services and or recovery and
rehabilitation programs
livelihood assistance;
medical assistance
Rehabilitative counseling and treatment to
perpetrators for them to learn constructive ways of
coping with anger and emotional outburst and
reform their ways (Secs. 40 & 41)
7. What are the PENALTIES for VAWC?
Imprisonment based on the provisions of the
Revised Penal Code
Fine ranging from 100,000.00 to 300,000.00
Mandatory psychological counseling or
psychiatric treatment for perpetrators
9. Immunity from Suit
Any person, whether a private individual, a public
officer, or a government official /worker, who, in
accordance with law, intervenes without using
violence or restraint greater than necessary to
ensure the safety of the victim, is not liable for any
criminal, civil or administrative accountability (Secs.
43 & 43)
10. What is BATTERED WOMAN SYNDROME?
It is defined as pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse (Sec. 3 & 5)
- Used as a justifying circumstances
- No criminal or civil liability
- Should be determined through the assistance
of psychiatrists / psychologists (Secs. 26 & 32)
10. OTHER FEATURES
Provides for a prescriptive period from 10-20
years (Secs. 24 & 9)
Defines VAWC as public crime (Sec. 25)
Custody of minor children should be given to
the woman even if she is suffering from
Battered Woman Syndrome (Secs. 28 & 6)

You might also like