THIRTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
> 
FIRST REGULAR SESSION 
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SENATE OF THE PHILIPPINES 
S. NO. 17c';' 
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
Studies have shown that breastfeeding means better health for babies. 
One recent study by New Zealand researchers Drs. John Horwood and David 
Fergusson of the Christ Church School of Medicine found that "breastfeeding a 
child for at least eight months may help improve cognitive functioning and 
academic performance later in life." 
I n  their study of more than 1,000 
teenagers, those who were breastfed the longest as infants scored highest on 
standardized test and IQ exams. 
I n  view of these findings, it has been the policy of the State to protect and 
promote breastfeeding. 
Executive Order No. 51, otherwise known as the 
"National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements 
and Other Related Products" requires public information regarding the proper 
use of breastmilk substitutes and supplements. Republic Act No. 7600 entitled 
"Rooming-In and Breastfeeding Act of 1992" provides for breastfeeding rooms in 
government and private hospitals. I n  these institutions, only mothers who are 
still confined therein for delivery, have the right to use the breastfeeding or 
nursery room. 
Aside from government and private hospitals, there are no facilities 
outside the home where the mother can comfortably and privately breastfeed or 
express her milk. This poses a problem for mothers committed to breastfeed 
their babies up to their second year. 
Hence, there is need for the State to 
ensure the existence of private, clean and well-ventilated areas in buildings, 
institutions, establishments and domestic inter-island vessels where nursing 
mothers can breastfeed or express their milk. 
There are many problems confronting a nursing mother and her infant. 
Although this bill does not profess to solve all their problems, it earnestly seeks 
to lighten their physical and emotional responsibilities by providing private, clean 
and well-ventilated facilities where they can nourish their infant even outside the 
home. 
In view of the foregoing, immediate passage of this bill is earnestly 
sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
1 
FIRST REGULAR SESSION 
> 
SENATE OF THE PHILIPPINES 
‘ ’ 
gLc 
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S. N O 1  7 c: ’i’ 
Introduced by Senator Juan M. Flavier 
AN ACT 
PROMOTING BREASTFEEDING BY ESTABLISHING AND 
MAINTAINING LACTATION STATIONS I N  WORKPLACES FOR 
WORKING MOTHERS PROVIDING PENALTIES FOR ITS VIOLATION 
THEREOF AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatlves of the Phiippines in 
Congress assembled: 
SECTION 1. Short Title. 
This Act shall be known as the “Breastfeeding 
Promotion Act of 2004”. 
SEC 2. Declaration of Policy. It is declared policy of the State to protect and 
promote the right to health of the people and instill consciousness among 
them, to strengthen the protection of the rights of workers and to defend the 
right of the children to assistance including proper care and nutrition. Section 
14 Article XI11 of the 1997 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 Elmination of Discrimination Against Women 
(CEDAW) which emphasizes provision of necessary supporting social services 
to enable parents to combine family obligations with work responsibilities, the 
Beflng Platform for Action strategic objective which is to promote 
harmonization of work 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 provide 
opportunities for mothers to continue breastfeeding their infant or express 
their milk. 


SEC. 3. Definition of Terms. Whenever used in this Act, the following terms 
shall mean as follows: 
a. Workplace - means the office, premises or work site where the nursing 
female employees are habitually employed, whether in government 
agencies, including their subdivisions, instrumentalities and government 
owned and controlled corporations, or private enterprises, and 
b. Lactation Stations - means private, clean and well-ventilated rooms or 
areas situated in the workplace where nursing mothers can breastfeed or 
express their milk. 
SEC. 4. 
Establishment of Lactation Stations. 
It is hereby mandated that 
lactations shall be established in workplaces for nursing female employees, 
which must have a lavatory for hand-washing, refrigeration for storing and 
comfortable seats. 
SEC 5. Lactation Periods. Subject to such regulations as the Secretary of the 
Department of Labor and Employment (DOLE) may prescribe, nursing female 
employees are given reasonable time during working hours to express their 
milk in the lactation station in their workplace, which time shall be considered 
as compensable hours worked. 
SEC. 6. Coverage. Upon application and as determined by the Secretary of 
DOLE, government agencies, including their subdivisions, instrumentalities 
and government owned and controlled corporations, or private enterprises, 
maybe exempted from Section 4 of this Act: 
a. where the number of employees is less than 10; and 
b. where the establishment of lactation stations is not feasible or necessary 
due to the peculiar circumstances of the workplace or its employee 
composition. 
SEC. 7. Integration of Breastfeeding Education in the Curricula. To encourage 
and promote breastfeeding, the Department of Education and Commission 
on Higher Education shall integrate in the subjects of Health and Family Life 
and Science in the Elementary level, Biology and Home Economics in the 
High School level, to both female and male students, the importance and 
benefits of breastfeeding. 


SEC. 8. Incentives. The expenses incurred by private enterprises or entities in 
complying with Section 4 hereof and in maintaining the lactation stations 
shall be allowed as deductible expenses for income tax purposes. Provided, 
however, that the deduction shall apply for the taxable period when the 
expenses were incurred. Provided, further, that the private enterprises or 
entities shall comply with the provisions of this Act within six (6) months 
after its approval. 
Government 
agencies, 
including 
their 
subdivisions 
and 
instrumentalities shall use their respective budget on Gender and 
Development to comply with Section 4 hereof. 
SEC. 9. Implementing Rules and Regulations. The Department of Health, as 
lead agency in coordination with the Civil Service Commission, Department 
of labor and Employment, Department of Education, Commission on Higher 
Education, Department of Interior and Local Government, shall formulate 
the implementing rules and regulations within 60 days after the approval of 
this Act. 
The Department of Health in coordination with the above- 
enumerated government agencies shall be responsible for monitoring 
compliance of this Act. 
SEC. 10. Penalty Clause, Anyone found violating any provision of this Act shall 
upon conviction by a court of competent jurisdiction, be fined a minimum 
amount of Ten Thousand Pesos (P10,OOO) to a maximum of Fifty Thousand 
Pesos (P50,OOO); Provided, however, that the President, Manager or 
Administrator or the person in-charge of the building space, as the case 
maybe, shall be held criminally liable for any violation of this Act arid shall 
suffer the penalty of imprisonment of not less than one (1) month but not 
more than one (1) year. 
Provided, further, that in the case of public 
officials they shall be without prejudice to any liability for violation of any 
provision of the Revised Penal Code and other applicable laws. 
SEC. 11. Separability Clause. If any part or provision of this Act shall be held 
unconstitutional or invalid, other provisions thereof are not affected thereby 
and shall continue to be in full force and effect. 


SEC. 12. Repealing Clause. All laws, presidential decrees, executive orders, 
rules and regulations or parts thereof which are not consistent with this Act 
are hereby repealed, amended or modified accordingly. 
SEC. 13. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspaper of 
general circulation, whichever comes earlier. 
Approved.