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, 
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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
i>rnllir 
(I~H';~ of til' ji>rrrrlar ~ 
First Regular Session 
) 
'14 
JAN 27 P 4 :51 
SENATE 
S.B .NO. 2083 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
Quite obvious in our laws, is the disparity with respect to maternity benefits granted to 
women working in the private sector and women employed in the government Those who 
are in the private sector, are entitled to fully paid maternity leave benefits for sixty (60) days 
or seventy-eight (78) days in case of caesarian delivery under Republic Act No. 8282, as 
amended, or the Social Security System Act of 1997 ("SSS Act"). The employer shall 
advance the payment of the benefits within thirty (30) days from filing of the notice. The 
SSS Act grants maternity leave benefit to women employees without discrimination and 
whether such employee is married or not On the other hand, women in government service 
are not afforded the same maternity leave benefits under the Government Service Insurance 
System ("GSIS"). Worse, under Commonwealth Act No. 647, otherwise known as "An Act 
to Grant Maternity Leave to Married Women Who are in the Service of the Government or 
Any of Its Instrumentalities", which to date is still being applied, discriminates against 
unmarried pregnant women, by denying them maternity leave benefits. 
The proposed bill therefore seeks to rationalize social security policy of the state with respect 
to women in public service. 
This is consistent with the provision of the 1987 Philippine Constitution which seeks to 
protect working women by providing safe and healthful working conditions, and afford them 
with opportunities that will enhance their welfare and enable them to realize their full 
potential in the service of the nation as provided under Article XIII, Section 14 thereof. 
Furthermore, the proposed law is in line with the policy adopted by the state in Republic Act 
No. 9710, or the "Magna Carta of Women", to adopt support services that will enable women 
to balance their family obligations and work responsibilities. 
In view of the foregoing, the passage of this bill is e~estly recommended. 
m~ 
MARIA LOU 
Senator 


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~{'md(> 
SIXTEENTH CONGRESS OF THE REPUBLIC. ) 
teft'-~r "f ttll! .$t>t'tr-br~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'14 
JAN 27 P 4 :51 
SENAIE 
S. B. NO. 
~083 
RECEIVED BY: ;tKY 
Introduced by Senator Maria Lourdes Nancy S. Binay 
AN ACT PROVIDING MATERNITY LEAVE BENEFITS TO WOMEN IN THE 
GOVERNMENT SERVICE, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Women who are permanently or temporarily appointed in the service of the 
government, or in any of its branches, 'subdivisions, agencies, or instrumentalities, including 
the corporations and enterprises owned or 'iontrolled by the government, in addition to other 
leave benefits granted under the law, shall be paid a daily maternity benefit equivalent to one 
hundred percent (100%) of-her average daily salary credit for one hundred twenty (120) days 
subject to the follqwing conditions: 
(a) The employee is currently employed in the government and shall have paid at least 
three (3) monthly Government Service Insurance System ("GSIS") contributions in 
the twelve month period preceding the childbirth, abortion or miscarriage; 
(b) The employee shall have notified the head or chief of the bureau or office of the 
pregnancy and the probable' date of childbirth, which notice shall be transmitted by 
the head or chief of the bureau or office to the GSIS in accordance with the rules and 
regulations it may provide; 
( c) The full payment of the maternity benefit shall be advanced by the employer within 
" ,thirty (30) days from the filing of the notice; 
(d) The payment of daily maternity benefits shall be a bar to the recovery of sickness 
benefits provided under Republic Act No. 8291, or the GSIS Act of 1997, for the 
same period for which daily maternity benefits have been received; and 
(e) The maternity benefits provided underthis Act shall be paid only for the first four (4) 
deliveries or miscarriage. 
SECTION 2. Implementation. 
The GSIS, in coordination with all relevant government 
offices including the Civil Service Commission, shall promulgate and issue the necessary 
implementing rules and regulations for the implementation of this Act within sixty (60) days 
after the effectivity of this Act. 


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SECTION 3. Funding and Appropriations. 
The amount necessary for the effective 
implementation of this Act shall be charged to the appropriations for the GSIS under the 
current General Appropriation Act. Thereafter, such sum as may be necessary for the 
implementation of this Act shall be included in the regular appropriations for the GSIS in the 
annual General Appropriations Act. 
SECTION 4. Separability Clause. If any portion or provision of this Act is declared void 
and unconstitutional, the remaining portions. or proVisions hereof shall not be affected by 
such declarfltion. 
SECTION 5. Repealing Clause. Commonwealth Act No. 647, otherwise known as "An Act 
to Grant Maternity Leave to Married Women Who are in the Service of the Government or 
Any of Its Instrumentalities" is hereby expr\lssly repealed. All laws, decrees, orders, rules 
and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
SECTION 6. Effectivity Clause. 
This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) national newspapers of general circulation. 
Approved,