Article 38Labor and Agrarian Laws and Social Legislation, p. 38

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

apply only to those who are employees as of December

16, 1975.

Manila, Philippines, 22 December 1975.

SUPPLEMENTARY RULES AND REGULATIONS

IMPLEMENTING P.D. NO. 851

To insure uniformity in the interpretation, application and

enforcement of the provisions of P.D. No. 851 and its

implementing regulations, the following clarifications are

hereby made for the information and guidance of all

concerned:

1. Contractors and Subcontractors, including Security and

Watchman Agencies, are exempt for the year 1975 subject

to the following conditions:

(a) that the contracts of such enterprises were entered

into before December 16, 1975;

(b) that such enterprises have complied with all labor

standards laws during the year;

(c)

that

the

contract

cannot

really

accommodate

13-month pay or its equivalent; and

(d) that the contract does not provide for cost escalation

clause.

This exemption is without prejudice on the part of the

workers to negotiate with their employers or to seek

payment thereof by filing appropriate complaints with

the Regional Offices of the Department of Labor.

2. Private school teachers, including faculty members of

colleges and universities, are entitled to 1/12 of their

annual basic pay regardless of the number of months

they teach or are paid within a year.

3. New establishments operating for less than one year

are not covered except subsidiaries or branches of foreign

and domestic corporations.

4. Overtime pay, earnings and other remunerations which

are not part of the basic salary shall not be included in the

computation of the 13-month pay.

5.

In

view

of

the

lack

of

sufficient

time

for

the

dissemination of the provisions of P.D. No. 851 and its

Rules and the unavailability of adequate cash flow due to

the long holiday season, compliance and reporting of

compliance with this Decree are hereby extended up to

March

31,

1976

except

in

private

schools

where

compliance for 1975 may be made not later than 30 June

1976.

6.

Nothing

herein

shall

sanction

the

withdrawal or

diminution

of

any

compensation,

benefits

or

any

supplements being enjoyed by the employees on the

effective date of this issuance.

RA No 9710 | Magna Carta of Women

Rules and Regulations Implementing the Magna

Carta of Women

August 14, 2009

AN ACT PROVIDING FOR THE MAGNA CARTA OF

WOMEN

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

Magna Carta of Women " .

Section 2. Declaration of Policy . - Recognizing that the

economic,

political,

and

sociocultural

realities

affect

women's current condition, the State affirms the role of

women in nation building and ensures the substantive

equality

of

women

and

men.

It

shall

promote

empowerment

of

women

and

pursue

equal

opportunities for women and men and ensure equal

access to resources and to development results and

outcome. Further, the State realizes that equality of men

and

women

entails

the

abolition

of

the

unequal

structures and practices that perpetuate discrimination

and inequality. To realize this, the State shall endeavor to

develop

plans,

policies,

programs,

measures,

and

mechanisms to address discrimination and inequality in

the economic, political, social, and cultural life of women

and men.

The State condemns discrimination against women in all

its forms and pursues by all appropriate means and

without delay the policy of eliminating discrimination

against women in keeping with the Convention on the

Elimination

of

All

Forms

of

Discrimination

Against

Women (CEDAW) and other international instruments

consistent with Philippine law. The State shall accord

women the rights, protection, and opportunities available

to every member of society.

The State affirms women's rights as human rights and

shall

intensify

its

efforts

to

fulfill

its

duties

under

international and domestic law to recognize, respect,

protect,

fulfill,

and

promote

all

human

rights

and

fundamental

freedoms

of

women,

especially

marginalized women, in the economic, social, political,

cultural,

and

other

fields

without

distinction

or

discrimination on account of class, age, sex, gender,

language,

ethnicity,

religion,

ideology,

disability,

education,

and

status.

The

State

shall

provide

the

necessary mechanisms to enforce women's rights and

adopt and undertake all legal measures necessary to

foster and promote the equal opportunity for women to

participate in and contribute to the development of the

political, economic, social, and cultural realms.

The State, in ensuring the full integration of women's

concerns

in

the

mainstream

of

development,

shall

provide ample opportunities to enhance and develop

their

skills,

acquire

productive

employment

and

contribute to their families and communities to the fullest

of their capabilities.

In pursuance of this policy, the State reaffirms the right of

women in all sectors to participate in policy formulation.

planning, organization, implementation, management,

monitoring, and evaluation of all programs, projects, and

services. It shall support policies, researches, technology,

and training programs and other support services such as

financing,

production,

and

marketing

to

encourage

active participation of women in national development.

Section 3. Principles of Human Rights of Women . -

Human rights are universal and inalienable. All people in

the world are entitled to them. The universality of human

rights is encompassed in the words of Article 1 of the

Universal Declaration of Human Rights, which states that

all human beings are free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent

to the dignity of every human being whether they relate

to civil, cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The

fulfillment of one right often depends, wholly or in part,

upon the fulfillment of others.

All individuals are equal as human beings by virtue of the

inherent

dignity

of

each

human

person.

No

one,

therefore, should suffer discrimination on the basis of

ethnicity, gender, age, language, sexual orientation, race,

color, religion, political, or other opinion, national, social,

or geographical origin, disability, property, birth, or other

status as established by human rights standards.

All people have the right to participate in and access

information relating to the decision- making processes

that

affect

their

lives

and

well-being.

Rights-based

approaches require a high degree of participation by

communities,

civil

society, minorities, women, young

people, indigenous peoples, and other identified groups.

© Compiled By RGL

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