Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
Ist Regular Session

House Bill No. 3067
as
INTRODUCED BY REP. GUILLERMO P. CUA

EXPLANATORY NOTE

Studies have shown that breastfeeding means better health for babies. One
recent study by New Zealand rescarchers Drs. John Horwood and David Ferguson of
the Christ School of Medicine found out that “breastfeeding a child for at least eight
months may help improve the cognitive functioning and academic performance later
in life.” In their study of more than 1,000 teenagers, those who were breastfeed the
longest as infants scored highest on standardized tests and IQ exams.

In view of these findings, it has been the policy of the State to protect and
Promote breastfeeding. Executive Order No. 51, otherwise known as the “National
Code of Marketing and Breastmilk Substitutes, Breastmilk Supplements and Other
Related Products” requires public information regarding the proper use of breastmilk
substitutes and supplements. Republic Act No. 7600 entitled: “Rooming-In and
Breastfeeding Act of 1992” provides for breastfeeding rooms in government and
Private hospitals. In these institutions, only mothers who are still confined therein for
delivery, have the right to use the breastfeeding or nursery room.

Aside from government and private hospitals, there are no facilities outside the
home where the mother can comfortably and privately breastfeed or express her milk.
This poses a problem for mothers committee to breastfeed their babies up to their
second year. Hence, there is a need for the State to ensure the existence of private,
clean and well-ventilated areas in buildings, institutions, and establishments where
nursing mothers can breastfeed or express their milk

There are many problems confronting a nursing motehr and her infant.
Although this bill does not profess to solve all their problems, it earnestly secks to
lighten their physical and emotional responsibilities by providing private, clean and
well-ventilated facilities where they can nourish their infant even outside the home.

In view of the foregoing, immediate passage of this bill is sought,



‘Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
THIRTEENTH CONGRESS
1st Regular Session

House BillNo.__ 8067

OO
INTRODUCED BY REP. GUILLERMO P. CUA

PROMOTING BREASTFEEDING $Y ESTABLISHING AND MAINTAINING
LACTATION STATIONS IN WORKPLACES FOR WORKING MOTHERS
PROVIDING PENALTIES FOR ITS VIOLATION THEREOF AND FOR
OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “Breastfeeding
Promotion Act of 2004”,

Sec 2. Declaration of Policy. - It is the declared policy of the State to protect
and promote the right to health of the people and instill consciousness among them, to
strengthen the protection of the rights of workers and to defend the right of the
children to assistance including proper care and nutrition. Section 14 Article XII of
the 1997 Philippine constitution provides that “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.”
This is consistent with international treaties and conventions to which the Philippines
is a signatory such as the Convention on the Elimination of Discrimination Against

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Women (CEDAW) which emphasizes the provision of necessary social support
services to enable parents to combine family obligations with work responsibilities,
the Beijing Platform for Action whose strategic objective is to promote harmonization
of work and family responsibilities for women and men, and the Convention on the
Rights of the Child which recognizes a child's inherent right to life and the State's
obligation to ensure the child's survival and development.

Towards this end, the State shall promote and encourage breastfeeding and
provide the specific measures that would allow mothers to continue to breastfeed
their infants or express their milk.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms
are hereby defined:

a. Workplace ~ refers to the office, premises or work site where the nursing
female employees are habitually employed, whether in government
agencies, including their subdivisions and instrumentalities, government
owned and controlled corporations, and private enterprises; and

b. Lactation Station — refers to a private, clean and well-ventilated room or
area situated in the workplace where nursing mothers can breastfeed or
express their milk.

Sec. 4, Establishment of Lactation Stations. - It is hereby mandated that
lactation stations be established in workplaces for nursing female employees, which
must include a lavatory for hand-washing, adequate refrigeration equipment for
storing milk and comfortable seats.

Sec. 5. Lactation Periods. - Subject to such regulations as the Secretary of
the Department of Labor and Employment (DOLE) may prescribe, nursing female
employees are given reasonable time during working hours to express their milk in

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the factation station in their workplace which shall be considered as compensable
hours worked.

Sec 6. Coverage. - Upon application and as determined by the Secretary of
DOLE, government agencies, including their subdivisions and instrumentalities,
government owned and controlled corporations, and private enterprises, may be
exempted from Section 4 of this Act under the following conditions:

a, where the number of women employees is less than 10; and

. where the establishment of lactation stations is not feasible or necessary due

to the peculiar circumstances of the workplace or its employee composition.

Sec 7. Integration of Breastfeeding Education in the Curricula. - To
encourage and promote breastfeeding, the Department of Education, and the
Commission on Higher Education shall integrate the importance and benefits of
breastfeeding in the subjects of Science and Health and Makabayan in the
Elementary level, and Science and Technology and Makabayan in the High School
level, to both female and male students.

Sec 8. Incentives. - The expenses incurred by private enterprises or entities
in complying with Section 4 hereof and in maintaining the lactation stations shall be
allowed as deductible expenses for income tax purposes. Provided, however, that the
deduction shall apply for the taxable period when the expenses were incurred;
Provided, further, that the private enterprises or entities shall comply with the
provisions of this Act within six (6) months after its approval.
use their respective budget for Gender and Development to comply with Section 4
hereof,

Sec. 9. Inter-Agency Task Force - In pursuance of the above-mentioned


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policy, there is hereby established a multi-agency task force which shall monitor the
implementation of this Act, composed of the following agenices: Department of
Health (DOH) as the lead agency, Civil Service Commission (CSC), National
Commission on the Role of Filipino Women (NCRFW), Department of Labor and
Employment (DOLE), Department of Education (DepE4.), Commission on Higher
Education (CHED), Department of the Interior and Local Government (DILG),
Philippine Information Agency (PIA) and a women non-government organization
with a proven track record of involvement in the implementation of breastfeeding
Programs who shall be nominated by the government agency representatives of the
task force created herein.

Sec. 10, Implementing Rules and Regulations. - The Department of Health,
as lead agency in coordination with the Civil Service Commission, Department of
Labor and Employment, Department of Education, Commission on Higher Education,
and the Department of the Interior and Local Government, shall formulate and
promulgate the implementing rules and regulations within 60 days after the approval
of this Act.

Sec. 11, Penalty Clause. - Violation of any provision of this Act shall be
punishable by a minimum fine of Ten Thousand Pesos (P 10,000) to a maximum of
Fifty Thousand Pesos (P 50,000); Provided, that if the violator is the President,
Manager or Administrator or the person in-charge of the building space, as the case
may be, he shall in addition suffer the penalty of imprisonment of not less than one
month but not more than one year; Provided, further; that in the case of public
officials they shall equally be held liable without prejudice to any further liability for
violation of any provision of the Revised Penal Code and other applicable laws,

Sec. 12. Separability Clause. - If any part or provision of this Act shall be

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held unconstitutional or invalid, other provisions thereof are not affected thereby and
shall continue to be in full force and effect.

Sec. 13. Repealing Clause. - All laws, presidential decrees, executive orders,
rules and regulations or parts thereof which are not consistent with this Act are
hereby repealed, amended ar modified accordingly.

Sec. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved.