FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S. NO~mN~291 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The proposed legislation seeks to provide job protected leave for workers who 
suffer from domestic violence in relation to Republic Act 9262 or the "Act Defining 
Violence Against Women And Their Children, Providing For Protective Measures For 
Victims, Prescribing Penalties Therefore" by providing protected leave for workers to 
seek medical attention, obtain legal assistance, attend support groups, and participate in 
other activities necessitated by these crimes. 
The proposed bill seeks to strengthen the Republic Act 9262 and ensure that 
survivors of abuse have time to receive the care and attention they need. Victims of 
domestic violence already have been traumatized once and under no circumstances 
should their pain be exacerbated by the threat of losing their jobs. 
Many victims of domestic violence stay in abusive relationships because they are 
financially dependent on their abusers. By providing greater employment protections, this 
·legislation'will assist survivors of domestic violence to break free from the cycle of abuse 
in their· lives. I 
I This bill was originally tiled in the third regular session of the 14'h Congress. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No, 2291 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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REQUIRING CERTAIN EMPLOYERS TO PROVIDE EMPLOYMENT LEAVE FOR 
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VICTIMS OF DOMESTIC VIOLENCE; PROHIBITING CERTAIN ACTS; AND 
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PRESCRIBING PENALTIES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Tile. - This act shall be known as the "Victims of Domestic 
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Violence Employment Leave Act." 
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SECTION 2. Definitions. - The following words and phrases when used in this 
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act shall have the meanings given to them in this section unless the context clearly 
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indicates otherwise: 
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a) 
b) 
c) 
"DOMESTIC VIOLENCE" - Any act or acts of abuse as defined in 
Section 3 of Republic Act 9262 "Anti-Violence Against Women and Their 
Children Act of 2004" 
"ELIGIBLE EMPLOYEE" - An individual who: 
(1) is a victim of domestic violence or is the parent of a minor 
child who is a victim of domestic violence; 
(2) has been employed for at least 12 months by the employer to 
whom a request for leave under this act is directed; 
(3) 
has performed at least 1,250 hours of service during the 
previous 12 months of employment for the employer. 
"EMPLOYER" - Is any of the following: 
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d) 
e) 
(1) 
The National Government or an agency or instrumentality of the 
National Government; 
(2) 
A Local Government or an agency or instrumentality of the local 
Government; 
(3) A person or entity that currently employs at least IS persons each 
work day for 20 or more weeks in a calendar year; or 
(4) A person or entity that employed at least 15 persons each work day for 
20 or more weeks in the immediately preceding calendar year. 
"PERPETRATOR" - A person who has committed domestic violence 
against another person or persons. 
"VICTIM OF DOMESTIC VIOLENCE." - A person who is subjected to 
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domestic violence by a perpetrator. 
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SECTION 3. Domestic violence employee leave. - An eligible employee may 
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request and an employer shall permit an eligible employee to take leave with pay 
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from work for any of the following reasons: 
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(i) for the eligible employee to secure medical treatment to recover from 
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injuries suffered as a result of domestic violence; 
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(ii) 
for the eligible employee to attend to legal proceedings relating to 
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domestic violence involving the eligible employee or the eligible 
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employee's minor child; 
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,(iii) for the eligible employee to relocate to a new temporary or permanent 
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residence for reasons related to domestic violence; 
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(iv) for the eligible employee to obtain counseling or advocacy services; or 
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(v) for the eligible employee to assist the employee's minor child who is a 
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victim of domestic violence in any of the actions in subparagraphs (i), (ii), 
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(iii) or (iv). 
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An eligible employee shall be entitled to a total of 10 days ofleave during any 12-
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month period. An eligible employee shall make a reasonable effort to schedule matters so 
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as not to unduly disrupt the operations ofthe employer. 
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SECTION 4 Notice - Except as provided in this section, an eligible employee 
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shall provide the employer with at least five days advance notice of the eligible 
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employee's intention (0 take leave under Section 3. 
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An eligible employee shall provide notice to the employer as soon as practicable 
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if the five day advance notice is not possible due to any of the following: 
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(i) the safety of the eligible employee or the eligible employee's minor 
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child; 
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(ii) the scheduling of any legal proceeding; or 
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(iii) the availability of connseling or advocacy services. 
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SECTION 5 Certification - An employer may reqnire an eligible employee to 
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provide certification to the employer that: 
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(i) The eligible employee or the eligible employee's minor child is a victim of 
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domestic violence; and 
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(ii) The leave is requested for one of the purposes enumerated in Section 3. 
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The eligible employee shall provide the certification to the eniployer within a 
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reasonable period after the employer requests certification. An eligible employee may 
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satisfy the certification requirement by providing to the employer one of the following: 
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(i) 
A police report indicating that the eligible employee or the eligible 
employee's minor child was a victim of domestic violence; 
(ii) 
A court order protecting or separating the eligible employee or the 
eligible employee's minor child from the perpetrator; 
(iii) 
A signed statement from a medical professional, therapist, clergy 
member, counselor, domestic violence counselor or domestic violence 
advocate affirming that the eligible employee or the eligible employee's 
minor child is undergoing counseling for physical or mental injuries 
resulting from domestic violence; 
(iv) A signed statement from a victim and wihless advocate or other court 
personnel affilming that the eligible employee or the eligible employee's 
minor child is involved in legal proceedings relating to domestic violence; or 
(v) A signed statement from a police officer, victim and witness advocate 
or other court personnel, medical professional, therapist, clergy member, 
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counselor, domestic violence counselor or domestic violence advocate 
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affirming that the eligible employee or the eligible employee's 
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SECTION 6 Confidentiality - All information provided to the employer under 
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section 5, including the fact that the eligible employee has requested or obtained leave 
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under this section, shall be retained in the strictest confidence by the employer, except to 
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the extent that disclosure is: 
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(1) Requested or consented to in writing by the eligible employee; or 
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(2) Required by courts oflaw in relation to a pending case. 
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SECTION 7 Prohibited acts. -An employer shall not interfere with, restrain or 
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deny the exercise of or the attempted exercise of any right provided by this act. An 
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employer shall also not discriminate against an eligible employee for exercising the 
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eligible employee's rights under this act. 
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SECTION 8 Penalties - An employer who violates section 7 of this Act shall 
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suffer the penalty of imprisonment of 15 days and a fine of Thirty Thousand Pesos 
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(P30,000.00) upon conviction. 
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SECTION 9 Separability Clause. - If any provision or part thereof, is held invalid 
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or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and SUbsisting. 
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SECTION 10 Repealing Clause. - Any law, presidential decree or Issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to, 
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or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
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accordingly. 
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SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days 
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after its publication in at least two (2) newspapers of general circulation. 
Approved. 
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