Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. _7034

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The passage of the Anti-Violence Against Women and Children Act (Anti-VAWC) in
2004 marked the State's commitment to fighting against any forms of abuse and
violence against women and children and guaranteed full respect for human rights.
The Department of Social Welfare and Development took the reign in advocating
that all government agencies take the lead in implementing and enforcing the law.
More than 10 years since its enactment, stories of abuse and violence still remains
to be constantly heard.

Quezon City has recorded 512 cases of violence against women in 2017. Results
from the National Demographic and Health Survey of the same year would also tell
of the same predicament—married women in rural areas continue to experience
abuse from male partners. The numbers are rising, as opposed to the wisdom the
law hoped to impart. Victims of violence and abuse remain prejudiced in the
workplace, with no relief given by their employers. Time has proven, unfortunately,
that cognizance and prevention are separate of each other. Marrying the two, even
with government initiative, has not been a walk in the park

This bill intends to strengthen the Anti-VAWC Act and protect victims of VAWC, who
are employed, from retribution in cases where they are unable to attend to their jobs.
It seeks to prevent employers or agencies to deny the application for a leave by a
victim of violence. It intends to adhere to the wisdom of the Anti-VAWC law in giving
women the basic rights such as the right to healthful working conditions.

The approval of this bill is earnestly sought

LUIS RAY! ID “Li ’ F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 7034
a en ee ee Or
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.
re i ee a
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 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 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 as 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 concerned 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 as to attend to medical and legal
concerns. Leave not availed of are non-cumulative and not convertible to cash.

The immediate superior of the person applying for a ten-day paid leave must
approve the application on the same day of application. If the immediate superior is
unavailable to act on the application for a leave, the application shall be acted upon

by any available senior official of the private company or government agency.

Every private company and government agency shalll 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 Civil Service Commission, for government employees.

Failure to act on an application for a ten-day leave of absence within the given period
without justifiable cause shall render the immediate superior or senior official
administratively liable for suspension for fifteen (15) days. Administrative complaint
against the immediate superior or senior official for failure to preform her/his duties
can be filed by victim-survivor with Regional Director of the DOLE for employees of
the private sector, and the Civil Service 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 victim-survivor under the Act shall be liable for a fine not exceeding ten


thousand pesos (Php 10,000.00) 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 of the immediate superior to grant leave to a victim-survivor
shall be held administratively liable for suspension for fifteen (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. Effectivity Clause. — This Act shall take effect in fifteen (15) days after

publication in the Official Gazette or in one (1) newspaper of general circulation in

the Philippines.

Approved,