Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo, 2265

Introduced by GABRIELA Women’s Party
Representatives LUZVIMINDA C, LAGAN and EMMI A. DE JESUS

EXPLANATORY NOTE

Working women comprise 50.6 percent ofthe total population of women aged 15 years and above or 39.6 percent of
the total labor force in the Philippines, according to the January 2012 Labor Force Survey of the National Statistics
Office.! This means that for every 10 workers, 4 are women.

The increasingly important role that women play in the development of the country's economy has long been
recognized by the Philippine society as manifested in the policy declarations on the protection of working women in
the 1987 Constitution including:

1, Atticle I, Section 14. State Polices. “The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men."

2, Article XII, Social Justice and Human Rights, Section 11. “The State shall adopt an integrated and
comprehensive approach to health development... “There shall be priority for the needs of the under-
privileged, sick, elderly, disabled, women and children.”

3. Article XIll, Social Justice and Human Rights, Section 14, "The State shall protect working women by
providing safe and healthful working conditions... “that will enhance their welfare and enable them to
realize their full potential in the service ofthe nation."

The Labor Code of the Philippines similarly establishes standards that will ensure the safety and health of women
employees. Book Three, Title 1, Chapter | of the Code (Working Conditions for Special Groups of
Employees/Employment of Women) provides specific chapter for the protection of working women.

The State's commitment to value the dignity of women to guarantee full respect for their human rights in the
workplace is also specified in Republic Act No, 9262, otherwise known as the Anti-Violence Against Women and their
Children Act of 2004. Its Implementing Rules and Regulations state that

* National Statistics Office, Employment Situation in January 2012, Final Results (released June 14, 2013)


Section 42, Ten-day paid leave in addition to other leave benefits ~ Any time during the application of
any protection order, investigation prosecution and/or trial of the criminal case, a victim of VAWC who is employed
shall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations and other existing laws and company policies, extendible when the necessity arises
a specified in the protection order. The Punong Barangay/Kagawad or prosecutor or the Clerk of Court, as the case
may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is
required for the employees, in addition to the aforementioned certification, the employee concemed must file an
application for leave citing as basis R.A. 9262. The administrative enforcement of this leave entitlement shall be
considered within the jurisdiction of the Regional Director of the DOLE under the Article 129 of the Labor Code of the
Philippines, as amended, for employees of the private sector, and the Civil Service Commission, for the government
employees,

In the five years of the Anti-VAWC Act, violations of the above mentioned section have been reported. But its
Violators remain unsanctioned and employers and agency heads continue to violate it due to the lack of a mechanism
to monitor its implementation.

Moreover, while the third and fourth paragraphs of Section 42 state that “The employer/agency head who denies the
application for leave, and who shall prejudice the victim survivor or any person for assisting a co-employee who is a
victim-survivor under the Act shall be held liable for discrimination and violation of R.A. 9262” and “The provision of
the Labor Code and the Civil Service Rules and Regulations shall govern the penalty to be imposed on the said
cemployerlagency head’, there Is a ack of specific penalty for its violators,

The second paragraph of Section 42 states that "The availment of the ten-day leave shall be at the option of the
woman employee, which shall cover the days that she has to attend to medical and legal concems."

When an employer or agency head denies the application fora leave, the victim is forced to compromise or abandon
any relief she seeks for fear of being punished and even removed from work. The denial of such applications,
therefore, is tantamount tothe denial of the basic rights of women under the Anti-VAWC Act, the Labor Code and the
Constitution, such as the right to health development and to healthful working conditions.

in keeping with the fundamental freedoms guaranteed under the Constitution and the provisions of the Universal
Declaration of Human Rights, the Convention of the Elimination of All Forms of Discrimination Against Women,
Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a
party, this bil seeks to prescribe the penalties for the violators of Section 42 of Republic Act No, 9262, otherwise
known as the Anti-Violence Against Women and their Children Act of 2004.

Immediate passage of this bill is therefore prayed,

eth, OE Prag?
LYZMAMINDA C. ILAGAt EMMI A. DE JESUS.
Gabriela Women’s Party

fabriela Women's Party


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2265

Introduced by GABRIELA Women's Party
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA “EMMI” A. DE JESUS

AN ACT PRESCRIBING THE PENALTIES FOR AN IMMEDIATE SUPERIOR OR SENIOR OFFICIAL OF AN
AGENCY, PUBLIC OR PRIVATE, WHO DENIES APPLICATION FOR LEAVE OF ABSENCE BY A VICTIM -
‘SURVIVOR OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN AS PROVIDED UNDER SECTION 42 ON
‘THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9262, OTHERWISE KNOWN
AS THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004, AMENDING FOR THE
PURPOSE THE SAID LAW

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 42 of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their
Children Act of 2004, is hereby revised to read as follows:

Section 42, Ten-day paid leave in addition to other leave benefits - Any time during the application of
any protection order, investigation prosecution andior tral of the criminal case, a vietim of VAWC who is employed
hall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations and other existing laws and company policies, extendible when the necessity arises
‘as specified in the protection order, The Punong Barangay/Kagawad or prosecutor or the Clerk of Cour, as the case
‘may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is
required for the employees, in addition to the aforementioned certfcation, the employee concemed must file an
application for leave citing as basis R.A, 9262, The administrative enforcement of this leave entitlement shall be
considered within the jurisdiction of the Regional Director of the DOLE: under the Article 129 of the Labor Code of the
Philippines, as amended, for employees of the private sector, and the Civil Service Commission, for the government

employees.

The availment of the ten-day leave of absence shall be at the option of the woman employee, which shall
cover the days that she has to attend to medical and legal concems. Leaves not availed of are non-cumulative and
not convertible o cash,


The immediate superior of the person applying for a 10-day paid leave must approve the application on the
same day of application. Ifthe immediate superior is unavailable to act on the application for a leave, the application
shall be acted upon by any available senior official ofthe private company or government agenoy.

Every private company and government agency shall record all application for leave in a logbook specifically
for cases of VAWC. They shall submit a quarterly report of all applications Issued to the Regional Director of the
DOLE for employees of the private sector, and the Civil Service Commission, for goverment employees.

Failure to act on an application for a 10-day paid leave of absence within the given period without justifiable
cause shall render the immediate superior or senior official administratively liable for suspension for fiteen (15) days.
Administrative complaint against the immediate superior or senior offcial for failure to perform her/his duties can be
fled by vietim-survivor with Regional Director of the DOLE for employees of the private sector, and the Civil Servloa
Commission, for government employees, for gross neglect of duty or malfeasance,

The immediate superior or senior official who denies the application for leave, and who shall prejudice the
Victim-survivor or any person for assisting a co-employee who is a vietim-survivor under the Act shall be liable for a
fine not exceeding ten thousand pesos (P10,000.00) and suspension for thirty (30) days for discrimination and
Violation of R.A, 9262,

‘Any senior official who has knowledge of, but failed to act on, or has in any way influenced, the denial ofthe
immediate superior to grant leave to a vietim-survivor shall be held administratively lable for suspension for fieen
(15) days,

Section 2. All laws, decrees, order, rules and regulations, and other issuances or parts thereof, inconsistent with this
Act are hereby repealed or amended accordingly

Section 3. This Act shall take effect after fiteen (15) days following its publication in newspapers of general
circulation.

Approved,