NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
S.B. No. 823
of tijr
*22 JUL 25 All :40
RECEIVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR THE CONDONATION OF PENALTIES FOR UNPAID SOCIAL 
SECURITY SYSTEM, PHILIPPINE HEALTH INSURANCE CORPORATION, 
AND THE HOME DEVELOPMENT MUTUAL FUND CONTRIBUTIONS OF 
HOUSEHOLD EMPLOYERS RELATIVE TO REPUBLIC ACT NO. 10361, ALSO 
KNOWN AS THE "DOMESTIC WORKERS ACT" OR "BATAS KASAMBAHAY"
EXPLANATORY NOTE
The enactment of RA No. 10361 or the "Kasambahay Law" in 2013 was 
intended to extend social security benefits protection coverage to the kasambahays of 
Filipino homes. Section 30 of the said law provides that Social Security System (SSS), 
Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual 
Fund or PagTBIG premium payments or contributions of kasambahays shall be 
shouldered by the employer. However, the domestic worker will pay a proportionate 
share for such contributions if he/she is receiving P5,000.00 and above per month.
According to the Department of Labor and Employment (DOLE) and Philippine 
Statistics Authority (PSA) survey conducted in October 2019, there are 1.4 million 
Filipinos who are working as kasambahays, 83% or 1.2 million of which are not


covered by any social security benefit. The survey had also shown other multiple 
violations of the Kasambahay Law that need to be addressed by the DOLE.1
Thus, this measure intends to provide an additional policy tool to improve on 
the dismal numbers of kasambahays who are not receiving any social security benefits. 
This proposed condonation program covers penalties imposed for unpaid premium 
contributions of employers for their kasambahays, to start on the effectivity of the 
Republic Act No. 10361, also known as the "Domestic Workers Act" or "Batas 
Kasambahay", from June 4, 2013 or until six (6) months from the effectivity of this 
proposed Act, if approved.
In view of the paramount need to provide the social security benefits for
Kasambahays, the passage of this measure is earnestly sough
lATCHALIAN
1 Department of Labor and Employment - National Wages and Productivity Commission.
https;//nwpc.do!e.gov.ph/press_room/dole-and-psa-survey-l-4-miIIion-kasambahays-in-the-country-
72-on-live-out-
arrangement/#:~:text=There%20are%201.4%20miliion%20FiIipinos,survey%20conducted°/o20in%2
00ctober°/o202019.


NINETEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
S. B. No.
SENATE
823
©UK!’-- 
of t!)c ^i'iTrtnrp
*22 JUL 25 All :40
RliCElVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR THE CONDONATION OF PENALTIES FOR UNPAID 
SOCIAL SECURITY SYSTEM, PHILIPPINE HEALTH INSURANCE 
CORPORATION, AND THE HOME DEVELOPMENT MUTUAL FUND 
CONTRIBUTIONS OF HOUSEHOLD EMPLOYERS RELATIVE TO 
REPUBLIC ACT NO. 10361, ALSO KNOWN AS THE "DOMESTIC 
WORKERS ACT" OR "BATAS KASAMBAHAY"
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
SECTION 1. Tide. - This Act shall be known as the "Condonation of
2 
Penalties Incurred by Employers for Unpaid Social Benefits Contributions for
3 
Kasambahays".
4
5 
SEC. 2. Social Benefits Penalty Condonation Program for Employers of
6 
Kasambahays - Any household employer who is delinquent or has not remitted
7 
all premium contributions due and payable to the Social Security System (SSS),
8 
Philippine Health Insurance Corporation (PhilHealth), and Home Development
9 
Mutual Fund or PagTBIG, pursuant to Section 30 of Republic Act No. 10361,
10 
also known as the "Domestic Workers Act" or "Batas Kasambahay" may, within
11 
six (6) months from the effectivity of this Act, remit said premium contributions,
12 
or submit a proposal to pay the same in installments within a period of not


1 
more than twenty-four (24) months from the approval of the proposal, without
2 
incurring the prescribed penalties imposed under RA No. 10361; RA No. 1161,
3 
otherwise known as the "Social Security Law", as amended by Republic Act No.
4 
8282; Republic Act No. 9679, or the "Home Development Mutual Fund Law of
5 
2009, otherwise known as Pag-IBIG (Pagtutulungan sa kinabukasan: Ikaw,
6 
Bangko, Industriya at Gobyerno) Fund"; Republic Act No. 7875, or the "National
7 
Health Insurance Act of 1995", as amended by Republic Act No. 10606,
8 
otherwise known as the "National Health Insurance Act of 2013"; and other
9 
rules and regulations, subject to the implementing rules and regulations for this
10 
Act: Provided, That the household employer submits the corresponding
11 
collection lists together with the remittance or proposal to pay in installments:
12 
Provided^ further,. That in case the household employer fails to remit premium
13 
contributions within the six-month grace period mandated by this Section, or
14 
defaults in the payment of any amortization provided in the approved proposal,
15 
the prescribed penalties shall be imposed from the time the premium
16 
contributions shall have been first became due, and/or when the employer's
17 
obligation to contribute to these social benefits shall have become due and
18 
payable, as provided under the penalty provisions of RA No. 1161, as amended;
19 
RA No. 9679; and RA No. 7875, as amended.
20
21 
SEC. 3. Coverage. - Any household employer who is delinquent or has
22 
not remitted all premium contributions due and payable to the SSS, PhilHealth
23 
and Pag-IBIG since June 4, 2013, may avail of the Condonation Program for
24 
Penalties under this Act, including the following:
25 
a) Those not yet registered with the SSS-PhilHealth-Pag-IBIG Unified
26 
Registration System for Kasambahays, pursuant to RA No. 10361, but
27 
will register as a household employer after the effectivity of this Act but
28 
within the six-month grace period provided in Section 2 of this Act;
29 
b) Those with cases pending before the courts or before the Office of
30 
the Prosecutor, involving collection of premium contributions and/or
31 
penalties; and
32 
c) Those who, before the effectivity of the Act, have remitted all


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
premium contributions due and payable to the SSS, PhilHealth and Pag-
IBIG, but have not paid the corresponding penalties.
SEC. 4. Unregistered Household Employer. - To qualify for the 
condonation program for penalties under this Act, an unregistered household 
employer shall register with the unified registration system branch having 
jurisdiction over the household address of the household employer, and comply 
with the requirements under Section 2 hereof, and those that may be required 
by the implementing rules and regulations of this Act.
SEC. 5. Guaranty of Entitlement - The failure or refusal of the employer 
to pay or remit the premium contributions under this condonation program 
shall not prejudice the right of the employee to the benefits of the coverage 
under RA No. 1161, as amended; RA No. 9679; and RA No. 7875, as amended.
SEC. 6. Implementing Rules and Regulations. - Within thirty (30) days 
after the approval of this Act, the Social Security Commission, the Board of 
Trustees of the PAG-IBIG Fund, the Board of Directors of PhilHealth, and any 
other government agencies relevant to the Implementation of the Batas 
Kasambahay, shall issue the necessary rules and regulations for the effective 
implementation of this Act.
SEC. 7. Separability Clause. - If any provision of this Act is declared 
invalid or unconstitutional, the provisions not affected thereby shall remain in 
full force and effect.
SEC. 8. Repealing Clause, - All laws, presidential decrees, executive 
orders, presidential proclamations, rules and regulations or parts thereof 
contrary to or inconsistent with this Act are hereby repealed or modified 
accordingly.


1 
SEC. 9. Effectivity. -This Act shall take effect fifteen (15) days after its
2 
pubiication in the Official Gazette or in a newspaper of general circulation in the
3 
Philippines.
Approved,