THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
Second Regular Session 
5 
SEP -6 
P2:16 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, in its declaration of State Policies, provides: 
Section 12. The State recognizes the sanctity of family life and 
shall protect and strengthen the family as a basic autonomous 
social institution. It shall equally protect the life of the mother and 
the life of the unborn from conception. 
Section 14. The State recognizes the role of women in nation- 
building, and shall ensure the fundamental equality before the law 
of women and men. 
Section 18. The State affirms labor as a primary social economic 
force. It shall protect the rights of workers and promote their 
welfare. 
Pursuant to these policies, laws have been enacted recognizing the special needs of 
women as workers and as mothers. Examples of these laws are Presidential Decree No. 442 or 
the “Labor Code of the Philippines” regarding maternity leave benefits in Section 133; Republic 
Act No. 8282 or the “Social Security Law of 1997” regarding maternity benefits for private 
employees in Sec. 14-A; Republic Act No. 8282 or the “Solo Parents’ Welfare Act”; and 
Republic Act No. 8187 or the “Paternity Leave Act of 1996” where fathers are given time off 
from work to support their wives in their period of recovery and/or in the nursing of the newly- 
born child. However, while these laws grant women maternity leaves and benefits, and other 
financial support after they have given birth, their failure to aid women while they are pregnant 
is glaringly obvious. 
This bill seeks to address the needs of pregnant women, especially if they work. Taking 
into consideration their delicate condition, as well as the need for them to continue working not 
only to support their families but also to prevent the collapse of the industries they work in, this 
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bill will grant them benefits like financial assistance, flexible work schedules, protection from 
discrimination, monthly medical leaves and medical assistance during their pregnancies. 
. 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
5 SEP -6 P 2  :15 
(. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR THE BENEFITS AND PRIVILEGES TO PREGNANT WOMEN AND 
THEIR FAMILIES, APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Pregnant Women’s Welfare 
Act.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the family 
as the foundation of the nation, strengthen its solidarity and ensure its total development. 
Towards this end, it shall develop a comprehensive program o f  services for pregnant women and 
their families to be carried out by the Department of Labor and Employment (DOLE), the 
Department of Social Welfare and Development (DSWD), the Department of Health (DOH), and 
other related government and non-govermnent agencies. 
SECTION 3. De$nition of Terms. -For the purposes of this Act, the term 
(a) “Pregnant Woman” means a woman expecting to deliver a child or children, 
which condition shall continue until she has delivered such child or children 
or has suffered a miscarriage. 
* 
(b) “Family” means the pregnant woman, her legitimate spouse with whom she is 
cohabiting, and any children living with and dependent upon them who are 
unmarried, unemployed and not more than eighteen (18) years of age, or even 
over eighteen (18) years but are incapable of self-support because of mental 
and/or physical defecudisability. If the pregnant woman is not lawfully 
married or is a widow, “family” shall refer to herself, her and her legitimate 


spouse's parents who are living with her, and any children living with and 
dependent upon her who are unmarried, unemployed and not more than 
eighteen (18) years of age, or even over eighteen (18) years but are incapable 
of self-support because of mental and/or physical defectldisability. 
(c) "Medical Leave" means the leave benefits granted to a pregnant woman to 
enable her to undergo a medical check-up related to her pregnancy, or to any 
ailment or affliction she may be suffering from as a result of her pregnancy. 
(d) "Flexible Work Schedule" means the work schedule granted to a pregnant 
employee allowing her to vary her amval and departure time without affecting 
the core work hours as defined by the employer. 
SECTION 4. Criteria for Support. - Any pregnant woman 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: Provided, however, That any pregnant woman whose income is above the 
poverty threshold shall enjoy the benefits mentioned in Sections 5,6 and 7 of this Act. 
SECTION 5 .  FZexible Work Schedule. - The employer shall provide for a flexible 
working schedule for pregnant women: Provided, That the same shall not affect individual and 
company productivity: Provided, further, That any employer may request exemption from the * 
above requirements from the DOLE on certain meritorious grounds. 
- 
SECTION 6. Work Discrimination. - Without prejudice to the relevant provisions of the 
Labor Code and the implementing rules thereto, no employer shall discriminate against any 
pregnant woman employee with respect to terms and conditions of employment on account of 
her status. 
SECTION 7. Medical Leaves. - In addition to leave privileges under existing laws, 
medical leaves of one (1) day during each month of the woman's pregnancy shall be granted to 
enable her to undergo a medical check-up related to her pregnancy, or to any ailment or affliction 
she may be suffering from as a result of her pregnancy: Provided, she has previously furnished 
her employer a medical certificate confirming her pregnancy and/or the ailment or affliction she 


may be suffering from as a result of her pregnancy; Provided, further, She has rendered senrice 
of at least one (1) year prior to her pregnancy: Provided, further, That the same shall not affect 
individual and company productivity: Provided, further, That each time she takes such medical 
leave, she notifies her employer at least five (5) days in advance. 
SECTION 8. Medical Assistance. - The DOH shall develop a comprehensive health care 
program for pregnant women. The program shall be implemented by the DOH, through their 
retained hospitals and medical centers, and the local government units (LGUs) through their 
provincial/district/city/municipal hospitals and rural health units. 
SECTION 9. Implementing Rules and Regulations. - An interagency committee headed 
by the DOLE, in coordination with the DSWD and DOH, is hereby established which shall 
formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and 
regulations in consultation with the LGUs, non-government organizations and people's 
organizations. 
SECTION 10. Penalties. - Any person, corporation, trust, firm, partnership, association 
or entity found violating this Act or the rules and regulations promulgated thereunder shall be 
punished by a fine not exceeding twenty-five thousand pesos (P25,OOO) or imprisonment of not 
less than thirty (30) days nor more than six (6) months. 
If the violation is committed by a corporation, trust or firm, partnership, association or 
any other entity, the penalty of imprisonment shall be imposed on the entity's responsible 
officers, including, but not limited to, the president, vice-president, chief executive officer, 
general manager, managing director or partner directly responsible therefor. 
SECTION 11. Nondiminution Clause. -Nothing in this Act shall be construed to reduce 
any existing benefits of any form granted under existing laws, decrees, executive orders, or any 
contract, agreement or policy between employer and employee. 
SECTION 12. Appropriations. - The amount necessary to carry out the provisions of 
this Act shall be included in the budget of concerned government agencies in the General 
Appropriations Act of the year following its enactment into law and thereafter. 


SECTION 13. Repealing Clause. - All laws, decrees, executive orders, administrative 
orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended 
or modified accordingly. 
SECTION 14. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutiona1, other provisions not affected thereby shall continue to be in full force and 
effect. 
SECTION 15. E’ectivity 
Clause. - This Act shall take effect fifteen (15) days following 
its complete publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,