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

SEVENTEENTH CONGRESS
First Regular Session

3788

House Bill No. _

Introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

Republic Act 8187, also known as the “Patemity Leave Act of 1996" was
enacted in order to provide for the well being of families by assuring that
husbands can effectively exercise their functions as new fathers through a paid
work leave of seven (7) days. Aside from this, the Paternity Leave Act also
restricts the benefits of this leave to married male employees

‘The piesetice’ of both patehts i Important inthe formative MBges of an
infant's development. The role of child rearing cannot be left to the mother alone
and thus it is essential for the father to fulfill his responsibilities as well. Dividing
the responsibilities between the husband and the wife balances the freedoms
afforded by both as defined by the Indian economist, Amartya Sen in the theory
he formulated known as the Capabilities Approach. Extending the paternity leave
will help in the development of the child while also making sure that married
individuals both male and female are able to have the same professional
opportunities as unmarried individuals

The Family Code states that no marriage license is needed for couples
who have been married for 5 years, a familiar set-up which is more widely known
as a common-law marriage (Art. 34). The Family Code also acknowledges the
joint ownership of properties of couples under a common-law marriage since it is
assumed that these properties were acquired through the joint efforts of the
couple (Art. 147).

For one reason or another, common-law marriages are prevalent in the
Philippines. 2010 NSO data estimates that the Philippines has a population of 93
million and 44.3% of the population aged 10 and above were unmarried. 4.5% of
this number, or around 4 million people, is composed of couples in common-law
relationships. The passage of this bill would assure that this portion of the


population would also enjoy the same benefits currently enjoyed by married
individuals as prescribed in the existing versions of the parental leave laws

Incidentally, in order for male employees to better fulfill their paternal
obligations and fully enjoy the opportunity to provide the necessary material and
non-material support to the wife or common-law partner and to the infant, it is the
intension of this proposal to also to provide an allowable Fifteen (15) day
extension at the option of the male employee, after due notice made in writing, at
least Seven (7) days before the end of his original paternal leave.

In view of this, the approval of this bill is earnestly sought.

TEDDY BRAWNER BAGUILAT
ine District, Mugao


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

SEVENTEENTH CONGRESS
First Regular Session

3788

House Bill No.

Introduced by REP. TEDDY BRAWNER BAGUILAT

AN ACT
AMENDING SECTIONS 2 AND 3 OF REPUBLIC ACT NO. 8187, OTHERWISE
KNOWN AS “THE PATERNITY LEAVE ACT OF 1996”

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

SECTION 1. Short Title—This Act shall be known as the “Expanded Paternity
Leave Act of 2016.”

SECTION 2. Section 2 and 3 of Republic Act 8187 otherwise known as “The
Paternity Leave Act of 1996” provides:

“XXX

SECTION 2. Notwithstanding any law, rules and regulations to the
contrary, every married male employee in the private and public sectors
shall be entitled to a paternity leave of seven (7) days with full pay for the
first four (4) deliveries of the legitimate spouse with whom he is cohabiting
The male employee applying for paternity leave shall notify his employer
of the pregnancy of his legitimate spouse and the expected date of such
delivery.

For the purposes, of this Act, delivery shall include childbirth or any
miscarriage

SECTION 3, Definition of Term. - For purposes of this Act, Paternity Leave
refers to the benefits granted to a married male employee allowing him not
to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a
child or suffered a miscarriage for purposes of enabling him to effectively


lend support to his wife in her period of recovery and/or in the nursing of
the newly-born child.”

For the purpose of this Act, Section 1 and 2 of RA 8187, is hereby amended to
read as follows:

"XXX

SECTION 2. Notwithstanding any law, rules and regulations to the
contrary, every MARRIED OR IN A COMMON-LAW RELATIONSHIP
male employee, in the private and public sectors shall be entitled to a
paternity leave of [seven (7)] FIFTEEN (15) WORKING DAYS with full pay
for the first four (4) deliveries of the legitimate spouse OR COMMON LAW
SPOUSE with whom he is cohabiting. The male employee applying for
paternity leave shall notify his employer of the pregnancy of his spouse
and the expected date of such delivery. AN ADDITIONAL PATERNITY
LEAVE OF FIFTEEN (15) DAYS WITHOUT PAY, MAYBE AVAILED OF,
AT THE OPTION OF THE EMPLOYEE; PROVIDED THAT THE
EMPLOYER SHALL BE GIVEN DUE NOTICE, IN WRITING, AT LEAST
SEVEN (7) DAYS BEFORE THE EXPIRATION OF HIS ORIGINAL
PATERNITY LEAVE.

FOR THE PURPOSES OF THIS ACT, A MALE EMPLOYEE IS IN A
COMMON LAW RELATIONSHIP IF HE AND HIS SPOUSE HAVE BEEN
LIVING TOGETHER LIKE HUSBAND AND WIFE FOR AT LEAST FIVE
(5) YEARS AT THE TIME OF CHILDBIRTH: PROVIDED HOWEVER
THAT THE MALE EMPLOYEE AND HIS SPOUSE HAVE NO LEGAL
IMPEDIMENT TO MARRY EACH OTHER DURING THEIR COMMON-
LAW RELATIONSHIP.

For the purposes, of this Act, delivery shall include childbirth or any
miscarriage

SECTION 3. Definition of Term. - For purposes of this Act, Paternity Leave
refers to the benefits granted to a [married] male employee, MARRIED OR
IN A COMMON-LAW RELATIONSHIP allowing him not to report for work
for [seven (7) days] FIFTEEN (15) WORKING DAYS but continues to earn
the compensation therefor, on the condition that his spouse has delivered
a child or suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the nursing of
the newly-born child.”

SECTION 3. Repealing Clause. — all laws, decrees, orders, proclamations, rules
and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly


SECTION 4. Effectivity Clause. — This act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved