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THIRTEENTH CONGRESS OF THE 
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Third Regular Session 
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REPUBLIC OF THE PHILIPPINES } 
S E N A T E  
'>'A 
rl 
S. No. L, 
(In substitution of Senate Bill No. 1767) 
Prepared jointly by the Committees on Health and Demography; Labor, Employment 
and Human Resources Development; and Civil Service and Government 
Reorganization with Senators Flavier, Cayetano, Ejercito Estrada (J.) 
and Lacson as authors 
AN ACT 
PROMOTING 
BREASTFEEDING, 
PROVIDING 
PENALTIES 
FOR 
VIOLATION THEREOF AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Breastfeeding 
Promotion Act of 2006. 
SEC. 2. Declaration of Policy. - It is the declared policy of the State to protect 
and promote the right to health of people and instill consciousness among them; to 
strengthen the protection of the right of workers and to defend the right of the children to 
assistance, including proper care and nutrition. 
Section 14, Article Xlll of the 1987 Philippine Constitution provides that "The 
State shall protect working women by providing safe and healthful working conditions, 
taking into account their maternal functions, and such facilities and opportunities that 
will enhance their welfare and enable them to realize their full potential in the service of 
the nation." This is consistent with international treaties and conventions to which the 
Philippines is a signatory such as the Convention on the Elimination of Discrimination 
Against Women (CEDAW), which emphasizes provision of necessary supporting social 
services to enable parents to combine family obligations with work responsibilities; the 
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Beijing Platform for Action strategic objective, which promotes harmonization of work 


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and family responsibilities for women and men; and the Convention on the Rights of the 
Child, which recognizes a child’s inherent right to life and the State’s obligations to 
ensure the child’s survival and development. 
Towards this end, the State shall promote and encourage breastfeeding and 
provide the specific measures that would present opportunities for mothers to continue 
expressing their milk and/or breastfeeding their infant or young child. 
SEC. 3. Definifion of Terms. - Whenever used in this Act, the following terms 
shall mean as follows: 
a. Breastmilk Substitute - shall refer to anything, other than breastmilk, which is 
fed to an Infant up to six (6) months of age, and any milk product other than breastmilk 
which is given to an Infant above six (6) months to twelve (12) months of age and a 
young child; 
b. CUED - shall refer to the Commission on Higher Education; 
c. CSC - shall refer to the Civil Service Commission: 
d. DepEd - shall refer to the Department of Education; 
e. DlLG - shall refer to the Department of the Interior and Local Government; 
f. DOH - shall refer to the Department of Health; 
g. DOL E - shall refer to the Department of Labor and Employment: 
h. HeaIth Institutions - shall refer to hospitals, health infirmaries, health centers, 
lying-in centers or puericulture centers with obstetrical and pediatric services; 
i. Health Workers - shall refer to all persons who are engaged in health and 
health-related work, and all persons employed in all hospitals, sanitaria, health 
infirmaries, health centers, rural health units, barangay health stations, clinic, and other 
health-related establishments owned and operated by the Government or its political 
subdivisions with original charters and shall include medical, allied health professional, 
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administrative and support personnel employed regardless of their employment status; 


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j. lnfant - shall refer to a person falling within the age bracket of zero (0) to 
twelve (12) months; 
k. Inter-Agency Committee - shall refer to the Inter-Agency Committee created 
under Executive Order No. 51 composed of the Secretaries of Health, Trade and 
Industry, Justice, and Social Welfare and Development; 
I. Lactation Stations - shall refer to private, clean and well-ventilated rooms or 
areas situated in the workplace and public place where nursing mothers can breastfeed 
or express their milk; 
m. Milk Companies - shall refer to the owner, manufacturer, or distributor, of 
breastmilk substitutes, including their representatives who promote or otherwise 
advance their commercial interests in marketing those products; 
n. Public Place - shall refer to enclosed or confined areas such as schools, 
public transportation terminals, hospitals, shopping malls and the like; 
0. TESDA - shall refer to the Technical Education and Skills Development 
Authority; 
p. Workplace - shall refer to the office, premises or work site where nursing 
female employees are habitually employed, whether in government agencies, including 
their subdivisions, instrumentalities and government owned and controlled corporations, 
or private enterprises; and 
q. Young Child - shall refer to a child from the age of twelve (12) months and 
one (1) day up to twenty-four (24) months. 
SEC. 4. Establishment of Lactation Stations. - It is hereby mandated that 
lactation stations shall be established in workplaces and in public places. The lactation 
stations should be adequately equipped with the necessary equipment and facilities, 
such as: lavatory for hand-washing, unless there is an easily-accessible lavatory 
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nearby; refrigeration or appropriate cooling facilities for storing; electrical outlets for 


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breast pumps; a small table; comfortable seats: and other items which the DOH as 
implementing agency may determine to be necessary. 
SEC. 5. Lactation Periods. - Subject to such regulations as the Secretary of the 
DOLE may prescribe for the private sector and the Chairman of the CSC for the public 
sector, both in coordination with the DOH, nursing female employees should be given 
reasonable compensable time during working hours to breastfeed or express their milk. 
SEC. 6. Coverage. - All government agencies, including their subdivisions, 
instrumentalities and government and controlled corporations, and private enterprises 
are covered by this Act. 
However, upon application and as determined by the Secretary of DOLE and the 
Chairman of the CSC, exemption from Section 4 of this Act may be made where the 
establishment of lactation stations is not feasible or necessary due to the peculiar 
circumstances of the workplace or public place taking into consideration, among others, 
employee composition, physical size of the establishment, and the average number of 
patrons who visit. 
SEC.7. Informational and Educational Programs. - DOH is hereby mandated to 
develop and provide breastfeeding programs for working mothers which employers are 
encouraged to avail of as part of their human resource development programs. 
To equip women of reproductive age with accurate information on maternal 
nutrition and proper nourishment in preparation for successful and sustainable 
breastfeeding, DOH is likewise mandated to produce and make available relevant 
information and programs which should be disseminated to all city, municipal and 
barangay health centers. 
SEC. 
8. Duties and obligations of the DOH, Health Workers and Health 
Institutions. - DOH shall conduct training for all health workers involved in obstetrical 
and pediatric services to ensure that they are knowledgeable about the advantages of 
breastfeeding and risks associated with breastmilk substitute. 


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Health workers and institutions, in accordance with Executive Order No. 51 or the 
“National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplement and 
Other Related Products” and Republic Act No. 7600 or “The Rooming-In and 
Breastfeeding Act of 1992,” are mandated to ensure that pregnant and lactating 
mothers are given the proper information and are trained on the proper techniques on 
breastfeeding. Health workers shall, in turn, primarily recommend breastfeeding and 
support a mother‘s effort to breastfeed. Health workers can only recommend breastmilk 
substitutes where after adequate explanation and information on breastfeeding and 
breastmilk substitute have been given, the mother still opts to give her newborn 
breastmilk substitute. 
SEC. 9. Integration of Breastfeeding Education in the Curricula. - To encourage 
and promote breastfeeding, the DepEd, CHED, and TESDA shall integrate in the 
relevant subjects in the elementary, high school, and college levels, especially in the 
medical and allied medical courses, and in technical vocational education, the 
importance and benefits of breastfeeding. 
SEC. I O .  Designation as “Mother Friendly” Establishment. - A workplace or 
public place that complies with Section 4 of this Act may use the designation “Mother- 
Friendly” in its promotional materials. The establishment shall submit proof of 
compliance to the DOH, which may issue a certification that such establishment has 
complied with all the requirements. The DOH shall maintain a list of “Mother Friendly” 
establishments and make the list available for public inspection. 
SEC. 11. Breastfeeding Awareness Month - To raise awareness on the 
importance of and to further promote breastfeeding, the month of August in each and 
every year throughout the Philippines shall be known as “Breastfeeding Awareness 
Month”. 
SEC. 12. Public Education and Awareness Program. - To ensure the meaningful 
observance of Breastfeeding Month as herein declared, a comprehensive public 


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education and awareness program shall be undertaken to establish a national health 
policy for breastfeeding that shall provide information on the benefits and superiority of 
breastfeeding as the normal, natural and preferred method of feeding Infants and young 
children compared to the high risks and costs of giving breastmilk substitutes, and 
conduct and support various activities to promote breastfeeding. 
SEC. 13. lmplementing Rules and Regulations. - The DOH, as lead agency, 
in coordination with the CSC, DOLE, DepEd, CHED, TESDA, and the DILG, shall 
formulate the implementing rules and regulations within sixty (60) days after the 
approval of this Act. 
SEC. 14. Oversighf Provision. - The Inter-Agency Committee is mandated to 
monitor and ensure strict implementation of this Act and its rules and regulations. 
SEC. 15. Penalty Clause. - Anyone who unjustifiably refuses or fails to comply 
with this law and its Rules and Regulations shall be imposed a fine of not less than Fifty 
Thousand Pesos (P50,OOO.OO) but not more than Two Hundred Thousand Pesos 
(P200,OOO.OO) 
on the first offense. 
On the second offense, a fine of not less than Two Hundred Thousand Pesos 
(P200,OOO.OO) 
but not more than Five Hundred Thousand Pesos (P500,OOO.OO). 
On the third offense, a fine of not less than Five Hundred Thousand Pesos 
(P500,OOO.OO) but not more than One Million Pesos (PI ,000,000.00): Provided, That for 
private establishments, the business permits or licenses to operate shall be cancelled or 
revoked. 
In all cases, the fine imposed should take into consideration, among others, 
employee composition, physical size of the establishment and the average number of 
patrons who visit. 
SEC. 16. Separability Clause. - If any part or provision of this Act shall be held 
unconstitutional or invalid, other provisions thereof which are not affected thereby shall 
continue to be in full force and effect. 


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circulation, whichever comes earlier. 
SEC. 17. Repealing Clause. - All laws, presidential decrees, executive orders, 
rules and regulations or parts thereof which are not consistent with this Act are herby 
repealed, amended or modified accordingly. 
SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
Approved,