Republic of the Philippines
HOUSE OF REPRESENTATIVES’ 5
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3041

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REQUIRING EMPLOYERS TO PROVIDE DAYCARE FACILITIES FOR THEIR
EMPLOYEES' CHILDREN AGED FIVE (5) YEARS OLD AND BELOW, AMENDING
FOR THE PURPOSE ARTICLE 157 OF THE LABOR CODE

EXPLANATORY NOTE

Section 1, Article XV of the 1987 Constitution states that: “the State recognizes
the Filipino family as the foundation of the nation.” This is the reason why parents, who
are at the forefront of ensuring that the family stays together, have the duty in
strengthening its solidarity and actively promote its total development. Also, Section 12
of Article II of the same Constitution declares that the natural and primary right and duty
of parents in rearing the youth for civic efficiency and development of moral character
shall receive the support of the Government. This goes without saying, therefore, that
the State has the responsibility to empower parents to provide for their families while at
the same time ensuring them they will be able to guarantee the welfare and safety of
their small children.

The rising cost of living in our country today has drastically changed the
conventional roles of spouses in the rearing of their families. It has become more
prevalent that women, who used to stay home as housewives, have now joined the
male population in pursuing a career to be able to contribute and support the
household. With both spouses working, this leaves caring for the children to a close
relative, the house help or to anyone who happens to be available. Even though these
assigned guardians succeed in looking after the children, there is still no substitute for
parents personally to able to take care of their children.


With all these to consider, the State must therefore fulfill its constitutional
mandate to support parents in caring for the family. The bill seeks to do just that by
making it compulsory for all employers in the country, except the government, to
establish day care facilities if they have at least 150 employees. This enables parents
to pursue their careers and at the same time, take care of their small children.

In view of the foregoing, immediate passage of this bill is earnestly requested

DIOSDADO AN ARROYO cuondlccnmaca ARROYO
Second Disthct, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3041

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO.

AN ACT
REQUIRING EMPLOYERS TO PROVIDE DAYCARE FACILITIES FOR THEIR
EMPLOYEES' CHILDREN AGED FIVE (5) YEARS OLD AND BELOW, AMENDING
FOR THE PURPOSE ARTICLE 157 OF THE LABOR CODE

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

SECTION 1. There shalll be incorporated in Article 157 of the Labor Code of the
Philippines, as amended, a new provision which shall read as follows

“Article 157. [Emergency] [m] Medical, [and] dental, AND DAY CARE
services. - It shall be the duty of every employer to furnish his employees in any
locality with free medical and dental attendance consisting of:

XXX

MOREOVER, ALL EMPLOYERS, EXCEPT THE NATIONAL
GOVERNMENT OR ANY OF ITS POLITICAL SUBDIVISIONS, GOVERNMENT
OWNED AND/OR CONTROLLED CORPORATIONS AND CHARITABLE AND
RELIGIOUS ORGANIZATIONS, WHERE THE NUMBER OF EMPLOYEES IS
AT LEAST ONE HUNDRED FIFTY (150), SHALL ESTABLISH A DAYCARE
FACILITY FOR CHILDREN OF REGULAR EMPLOYEES AGED FIVE (5)
YEARS AND BELOW. THE FACILITY SHALL BE HANDLED BY QUALIFIED
AND COMPETENT PERSONNEL WITH PROVEN EXPERIENCE IN CHILD
CARE.


SECTION 2. The Department of Labor and Employment (DOLE) shall
promulgate rules and regulations to implement the provision of this Act.

SECTION 3. Repealing Clause. All laws, decrees, order, rules and regulations, or
portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 4. Separability Clause. Should any part or provision of this Act be
declared unconstitutional or invalid, other parts or provisions hereof not otherwise
affected thereby shall remain in full force and effect.

SECTION 5. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,