THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
SENATE 
/ 
c.- 
RECEIVED B Y :  .____ , 
2045 
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The 1987 Constitution, Article XIII, Section 14, states that: 
Section 14. 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. 
Further, the 1987 Constitution, Article 11, Section 
Section 15. The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
Under these provisions of the Constitution, the State must help the female employee 
perform her maternal functions while working, and in the process, help the mother achieve her 
full potential while not sacrificing the health of the child. 
Many studies have shown that breastfeeding is indeed very beneficial to the child and to 
the mother. Studies have proven that breastfed babies are healthier than those babies who are not 
breastfed, and less likely to become ill with gastro-intestinal infection, diarrhea, respiratory 
infections, ear infections and other serious diseases. Breastfeeding also reduces the mother's risk 
of breast, ovarian, and cervical cancer, osteoporosis, and urinary tract infections. 
However, the problem arises when the mother is not able to breastfeed her child because 
of the demands of work. This bill aims to address that problem by seeking to encourage 
employers to have breastfeeding programs in the workplace and at the same time encourage the 
Department of Health to focus on breastfeeding and breastfeeding-related programs. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
5 AUG 23 ’ 5 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
~~ 
~ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO SUPPORT BREASTFEBDING BY NURSING MOTHERS AND 
ENCOURAGE EMPLOYERS TO SUPPORT WORKPLACE LACTATION PROGRAMS 
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 “Nursing Mothers’ 
Breastfeeding Promotion and Protection Act of 2005.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to: (1) 
provide safe and healthful working conditions to women, taking into account their maternal 
functions and to provide facilities and opportunities that will enhance their welfare and enable 
them to realize their full potential in the service of the nation; and (2) protect and promote the 
right to health of the people and instill health consciousness among them. Toward these ends, 
the State shall promote breastfeeding programs in order to protect the welfare of the mother and 
her child. 
SECTION 3. Definition of Breastfeeding. - For purposes of this Act, the term 
breastfeeding means the feeding of a child directly Erom the breast or the expression of milk from 
the breast of a lactating woman. 
SECTION 4. Allowance of Credit for Employer Expenses for Providing Appropriate 
Environment on Business Premises for Employed Mothers to Breastfeed their Children. - 
(a) 
IN GENERAL. - For purposes of this Act, the breastfeeding promotion and 
support credit determined under this section for the taxable year is an amount 
equivalent to fifty percent (50%) of the qualified breastfeeding promotion and 
support expenditures of the taxpayer for such taxable year. 


(b) 
Monetary Limitation. - The credit allowable under subsection (a) for any 
taxable year shall not exceed the amount of Five Hundred Thousand Pesos 
(@500,000.00). 
SECTION 5. Qualiped Breasveeding Promotion and Support Expenditure. - For 
purposes of this Act, the term “qualified breastfeeding promotion and support expenditure” sl 
means any amount paid or incurred in connection with a trade or business of the taxpayer - 
. 
(a) for breast pumps and other equipment specially designed to assist mothers who are 
employees of the taxpayer to breastfeed or express milk for their children but only if 
such pumps and equipment meet such standards prescribed by the Department of 
Health under Section 6 of this Act. 
(b) for consultation services to the taxpayer or employees of the taxpayer relating to 
breast feeding. 
(c) for the acquisition or lease of tangible personal property which is exclusively used by 
mothers who are employees of the taxpayer to breastfeed or express milk for their 
children unless such property is located in any residence of the taxpayer or any 
employee of the taxpayer. 
SECTION 6. Breast Pumps. - (a) The Secretary of Health shall take such action as may 
be appropriate to put into effect a performance standard for breast pumps. In establishing such 
standard, the Secretary shall identify those pumps appropriate for use on a regular basis in a 
place of employment based on the efficiency and effectiveness of the pump and on sanitation 
factors related to communal use. Action for a performance standard shall he taken within one (1) 
year from the date of the enactment of this Act. 
(b) Compliance Policy Guide. - The Secretary of Health, acting through the Bureau of 
Food and Drugs, shall issue a compliance policy guide which will assure that women who want 
to breastfeed a child are given full and complete information respecting breast pumps. 
SECTION 7. Nursing Mother’s Breaks. - (a) A lactating mother shall be given up to one 
(1) hour in each eight (8) hour work day to express milk for a child. The time may be taken in 
two one-half hour periods or in three twenty (20) minute periods. For work shifts longer or 


shorter than 8 hours, proportional adjustments shall be made in the time given an employee to 
express milk for a child. The time taken shall not be charged against the employee's leave 
credits. Employers are not required to compensate employees for time under this section. 
(b) The purpose of the preceding section is to establish a legal minimum for the amount 
of time that a woman is entitled to express milk at the workplace, The preceding section is not 
intended to preclude an employer from voluntarily providing more time for the employee to 
express milk or to diminish any rights the woman would otherwise have pursuant to the leaves 
granted by the Labor Code and other laws. 
SECTION 8. Campaign Regarding Breastfeeding and Health of Infants. - The Secretary 
of Health shall within one year (1) from the effectivity of this Act, undertake a campaign aimed 
at health professionals and the general public to promote the benefits of breastfeeding for infants, ~ 
mothers, and families. 
SECTION 9. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.