ietlllh 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
{~ff,,,, of Jll.,;i)'mj"r~ 
Second Regular Session 
SENATE 
S.No. 
2289 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'14 
JUN 19 Pl :21 
HicCEI\'LD ,5>'. ____ [. 
AMENDING SECTIONS TWO AND THREE OF REPUBLIC ACT NO. 8187, 
OTHERWISE KNOWN AS THE PATERNITY LEAVE ACT OF 1996 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 12 provides: 
SEC. 12. The State recognizes the sanctity of family life and shall 
protect and strengthen the family as a basic autonomous social institution. It 
shall equally protect the life of the mother and the life of the unborn from 
conception. The natural and primary right and duty of parents in the rearing 
of the youth for civic efficiency and the development of moral character 
shall receive the support of the Government. 
Laws regarding paternity leave in other countries vary and the number of days 
legislated for paternity leave is arbitrary. In most countries in Europe, parents enjoy a 
shared parental leave policy that help women return to work and help men become more 
involved in taking care of their new born. By 2015, the United Kingdom will grant a 
shared 12-month parental leave to couples after the birth of their child. In Sweden, this 
policy has been in effect since 1974. In Norway, mothers are granted 14 weeks of leave, 


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and the rest of the time (18 weeks on full salary, or 28 weeks on 80 percent salary), can 
be split as the parents choose. I 
International organizations, such as the United Nations, have their own policies on 
parental leave. In the United Nations, parents are granted 100 percent pay for four weeks 
of paternal leave. Staff members who serve at locations where they are not allowed to 
live with their family are given eight weeks paternity leave with 100 percent pay? 
In Asia and the Pacific, the Philippines is one of the few countries that offer 
paternity leave. Another country is South Korea that allows both parents partially paid 
parental leave for up to one year. The case is different for Australia and Japan, which 
offer long periods of parental leave, though such are unpaid. In Australia, parents can 
share up to 52 years of unpaid leave, while Japan allows each parent an unpaid leave of 
up to one year.3 
A research paper entitled "Factors Affecting Maternal Health Utilization in the 
Philippines" published by the National Statistics Office, reported that although most. 
women do not experience major problems during labor and delivery, complications that 
do occur can be unpredictable and sudden. It also claimed that "a number of the problems 
women experience surrounding childbirth occur in the postpartum period, the six weeks 
following delivery." Thus, apart from the need to improve health care services and 
programs in the country, it is also necessary to increase the husband's participation in 
aiding his wife during and after delivery. 
Republic Act No. 8187 was enacted in order for the husband to effectively render 
support, care, and assistance to the wife in her period of recovery and/or in the nursing of 
the newly born child. It takes six weeks or 42 days for a woman to recover almost fully 
from childbirth.4 This bill therefore seeks to extend paternal leave from seven days to 21 
I "Parental Leave Rights Around the World". http://www.theguardian.com/money/shortcuts/20 13lnovl29/parental-
leave-rights-around-world 
2 http://www.un.orglwomenwatch/osagilljJgenderpolicies.htm#LEA VE 
3 Jd 
4 http://www.womenshealth.gov/pregnancy/childbirth-beyondIrecovering-from-birth.html 
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days to give the husband more time to care for his child and aid in his wife's recovery. 
The additional leave given to the husband is also crucial in case the mother experiences 
sudden and unpredictable complications that would render her incapable of taking care of 
her baby during that period. 
~~ ;~ 
MIRIAM DEFE~S;;;ANTIJiJO 
,Jlf 
3 


, " 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
:Sl'tlZlit' 
I@If", "f 111."il'rmbr~ 
Second Regular Session 
) 
) 
) 
'14 
JUN 19 PI :21 
SENATE 
___________ 
S._N_o_. __ 2_2_8_9 ________ 
f_U_~(_'I_':I_V_ED BY;,-.---t---
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House a/the Representative a/the Philippines 
in Congress assembled: 
1 
AN ACT 
2 
AMENDING SECTION TWO AND 'tHREE OF REPUBLIC ACT NO. 8187, 
3 
OTHERWISE KNOWN AS THE PATERNITY LEAVE ACT OF 1996 
4 
SECTION 1. Section 2 of Republic Act No, 8187, otherwise known as the 
5 
Paternity Leave Act of 1996, is hereby amended to read as follows: 
6 
"SECTION 2. Notwithstanding any law, rules and regulations to the 
7 
contrary, every married male employee in the private and public sectors shall be 
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entitled to a paternity leave of [seven (7)] TWENTY ONE (21) days with full pay 
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for [the first four (4) deliveries] ALL DELIVERIES of the legitimate spouse with 
10 
whom he is cohabiting. The male employee applying for paternity leave shall 
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notify his employer of the pregnancy of his legitimate spouse and the expected 
12 
date of such delivery. 
13 
For purposes, of this Act, delivery shall include childbirth or any 
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miscarriage." 
15 
SECTION 2. Section 3, of the same act, is hereby amended to read as follows: 
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"SECTION 3. Definition of Term. - For purposes of this Act, Paternity 
17 
Leave refers to the benefits granted to a married male employee allowing him not 
18 
to report for work for [seven (7)] TWENTY ONE (21) days but continues to earn 
19 
the compensation therefor, on the condition that his spouse has delivered a child or 
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1 
suffered a miscarriage for purposes of enabling him to effectively lend support to 
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his wife in her period of recovery and/or in the nursing of the newly-born child," 
3 
SECTION 3, Repealing Clause. - All laws, decrees, orders, proclamation, rules 
4 
and regulations or parts thereof inconsistent with the provisions of this Act are hereby 
5 
repealed, amended, or modified accordingly, 
6 
SECTION 4, Effectivity Clause. - This Act shall take effect fifteen days (15) days 
7 
after its pUblication in at least two (2) newspapers of general circulation. 
Approved, 
/mamtl7June20J4 
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