ELDERLY
diagnostic and laboratory fees in all
Article XV, Section 4: The family has the duty to
care for its elderly members but the State may
also do so through just programs of social
security.
7876 SENIOR CITIZENS CENTER ACT OF THE PH
Senior citizens: any person who is at least 60 years
of age
Disqualification:
 Contagious disease
 Mentally fit or unsound
 Actuations are inimical to other senior
citizens (determined by DSWD)
Centers are exempted from customs duties, taxes
and tariffs on the importation of equipment and
facilities actually, directly and exclusively used by
the Center, including those donated.
9257 EXPANDED SENIOR CITIZENS ACT OF 2003
Privileges of senior citizens:
 20% discount in hotels and lodging
establishments, restaurants and
recreation centers, purchase of medicines
for their exclusive use, funeral and burial
services for their death
 Minimum 20% discount on admission
fees in theaters, cinema houses, circuses,
concert halls and other places of culture,
leisure and amusement for their exclusive
use
 Exemption from payment of individual
income tax; EXC: if their income exceeds
the poverty level as determined by the
National Economic and Development
Authority (NEDA)
 Exemption from training fees in socio-
economic programs
 Free medical and dental services,
government facilities
 20% discount on medical and dental
services in private hospitals
 20% discount domestic air and sea travel
 20% discount in public railways, skyways
and bus fare
 Provision of express lanes in commercial
and government establishments
In availing of the privileges, the senior citizen may
submit as proof:
 ID issued by the city or municipal mayor
or barangay captain where he resides
 Passport
 Other documents to establish age
Private entities which employ seniors shall be
entitled to tax deduction equivalent to 15% of the
total amount paid as salaries to seniors, provided
the employment lasts for at least 6 months, and
the annual income does not exceed poverty level.
Senior citizens treated as dependents under the
NIRC, be they relatives or not.
Benefits for individuals and institutions
establishing homes and retirements villages
solely for senior citizens:
 Realty tax holiday for the first 5 years
starting from first year of operation
 Priority in building and maintenance of
provincial or municipal roads leading to
the facility
Establishment of the Office for Senior Citizens
Affairs (OSCA) in all municipalities headed by a
senior citizen for 3 years appointed by mayor
from a list of nominees from the sanggunian.
RA 9994 EXPANDED SENIOR CITIZENS ACT OF In cases of promotional discount, the senior may
2010 avail of such discount or the senior citizen
discount, whichever is higher.
Privileges:
National Coordinating and Monitoring Board
20% discount and exemption from the VAT on the
sale of the ff goods and services for the exclusive
use of the senior:
10645
 Purchase of medicines including
Mandatory PhilHealth coverage: all senior citizens
influenza and pneumococcal vaccines
shall be covered by the national health insurance
 Professional fees of attending physicians
program of Philhealth.
in private hospitals and medical facilities
 Professional fees of home health care
services
 Medical and dental services and
laboratory fees in all private hospitals and
medical facilities
 Actual fare for land transportation in
PUBuses, PUJeepneys, taxis, Asian utility
vehicles, shuttle services and public
railways (LRT, MRT and PNR)
 Actual transportation fare for domestic
air transport services and sea shipping
vessels
 Services in hotels and lodging
establishments, restaurants and
recreation centers
 Admission fee of theaters, cinema
houses, concert halls, circuses
 Funeral and burial services for death of
seniors

Exemption from payment of individual income tax

for those who are minimum wage earners.

Minimum 5% discount in the monthly utilization

of water and electricity supplied by public utilities.
Individual meters must be in the name of the
senior. Monthly consumption must not exceed
100kWh and 30 cubic meters

Free dental and medical services including

laboratory fees in government facilities

Death benefit assistance of at least 2000 pesos to

be given to nearest surviving relative of the
deceased
PWD
7277 MAGNA CARTA FOR DISABLED PERSONS
Disabled’s rights must never be perceived as
welfare services by the Government.
Disabled persons: those suffering from restriction
or different abilities to perform an activity in the
manner and range considered normal, as a result
of mental, physical or sensory impairment.
Impairment: any loss, diminution or aberration of
psychological, physiological or anatomical
structure or function.
Disability:
 Physical or mental impairment that
substantially limits one or more
psychological, physiological or
anatomical function
 Record of such impairment
 Being regarded as having such
impairment
Rehabilitation: integrated approach to physical,
social, cultural, spiritual, educational and
vocational measures for an individual to attain the
highest level of functionality
Social barriers: characteristics of institutions
which limit the fullest possible participation of
disabled persons in the life of the group; negative
attitude which single out and exclude disabled
persons
Sheltered employment: provision of productive
work for disabled persons through workshops
providing special facilities enabling them to
acquire working capacity required in open
industry
Marginalized disabled persons: disabled persons
who lack access to rehabilitative services and
opportunities and who have no means of
livelihood and whose income falls below the
poverty threshold
Qualified individual with disability: an individual
with disability who, with or without reasonable
accommodations, can perform the essential
functions of the employment position he holds or
desires; if there’s a written description of the job
available before application, those enumerated
therein will be considered evidence of essential
functions of the job
Reasonable accommodations: improvement of
existing facilities and modification of work
schedules, reassignment, acquisition of
equipment or devices and adjustment in the rules
and regulations.
Equal opportunity for employment: same terms
and conditions of employment; same
compensation, privileges and benefits.
Incentive for private sector (employers):
 Additional deduction from their gross
income of 25% of total amount paid as
salaries and wages
 Deduction from net taxable income of
50% of the costs of improvement and
modifications of facilities to provide
reasonable accommodation
Access to quality education: unlawful for any
learning institution to deny admission to any
course it offers by reason of handicap or
disability.
National Health Program:
 Prevention of disability prenatally or
postnatally
 Recognition ang early diagnosis
 Early rehabilitation
Telecommunications: television stations
encouraged to provide a sign language inset or
subtitles in at least one newscast program a day,
and special programs covering events of national
significance
Postal charges free on the following:
 Articles and literature, orthopedic devices
and teaching aids for the use of disabled
persons sent by mail within the
Philippines and abroad.
 Aids and orthopedic deviced sent abroad
by mail for repair.
Provided that these are for personal purposes
only, and the disabled person is a marginalized
disabled.
System of voting: shall be allowed to be assisted
by the person of his choice in the national or local
elections; assistant shall bind himself in an official
document under oath to fill the ballot strictly in
accordance with the instructions.
Right to assemble and right to organize.
Employment:
No entity shall discriminate against qualified PWD
by reason of disability with regard to job
application, hiring, promotion or discharge, as
well as compensation, training and privileges.
Acts of discrimination:
 Limiting and segregating an applicant to
adversely affect his work opportunities
 Setting qualification standards and tests
which tend to screen out PWDs
 Utilizing standards of administration that:
o Discriminates
o Perpetuates discrimination
 Providing less compensation or benefits
than what he is entitled
 Favoring a non-PWD over a qualified
PWD on the basis solely of disability
 Re-assignment or transfer to a job the
PWD cannot perform by reason of
disability
 Dismissal or transfer by reason of
disability; EXC: employer proves that
PWD impairs the satisfactory
performance of the work to the prejudice
of the business entity
 Exclusion from membership in unions
A PWD may be subjected to a medical
examination during application if:
 All applicants are subjected to such exam
 Information obtained remains
confidential; EXC:
o Supervisors and managers may
be informed regarding necessary
restrictions in work or duties
o First aid and safety personnel for
disabilities requiring emergency
treatment
o Government officials
investigating compliance with
the law
o Results used only in accordance
with this act
Transportation: discrimination if higher fare is
imposed or refused to convey passenger, his
orthopedic devices, personal effects by reason of
disability.
Public accommodations: no disabled person shall
be discriminated on the basis of disability in the
full and equal enjoyment of goods, services and
facilities of places of public accommodation.
Acts of discrimination:
 Denial of opportunity to participate in or
benefit from
 Affording goods, services or privileges
not equal to that afforded to non-PWD
 Providing GSP different and separate
from that of a non-PWD; EXC: if necessary
to provide PWD GSP as effective as that
provided to others.
Discriminatory to deny GSP to an individual or
entity because of the known disability of another
with whom the former has a relationship or is
associated with.
Disciminatory acts:
 Imposing eligibility criteria screening or
tending to screen out PWD; EXC:
necessary for the provision of the GSP
 Failure to make reasonable modifications
in policy and practice to accommodate
PWD; EXC: such modification will
fundamentally alter the GSP or would
cause undue burden.
 Failure to remove architectural barriers
and communication barriers; EXC:
removal not readily achievable, failure to
make such GSP available through
alternative methods
Incentives: donation, bequest or financial aid
made to the government agencies for the
purpose of this act shall be exempt from donor’s
tax and constitutes deduction from donor’s gross
income. Donations from foreign countries
exempt from taxes and duties. Local
manufacturing of technical aids and appliances
preferred area of investment.
9442
PWD privileges:
 20% discount in hotels and lodging
establishments, restaurants and
recreation centers
 20% admission to theaters, cinema
houses and places of culture, leisure and
amusement
 20% purchase of medicines for the
personal use of PWD
 20% discount on medical and dental
services including diagnostic and
laboratory fees in government facilities,
same in private hospitals
 20% discount on domestic air and sea
travel, and public railway, skyway and bus
fare
 Express lanes in commercial and
government establishments
Incentives for those living with or caring for
PWDs:
 Treated as dependents under the Tax
code
 Individuals and non-governmental
institutions for homes and retirement
villages for PWDs shall be accorded:
o Realty tax holiday for first five
years of operation
o Priority in building or
maintenance of provincial or
municipal roads
Public ridicule: act of making fun or
contemptuous imitating or mockery of PWD in
writing, words or actions, due to their
impairments.
Vilification: utterance of slanderous and abusive
statements against PWD or activity in public
which incites hatred, serious contempt or severe
ridicule of PWD.
10070
Creation of PDAO (Persons with Diability Affairs
Office) in every province, city and municipality.
Local chief executives to appoint a PWD affairs
officer to manage and oversee operations,
priority to qualified PWDs.
PDAO functions:
 Formulate and implement policies, plans
and programs for promotion of welfare
of PWDs
 Representation in meetings of local
development councils
 Gather and compile relevant data
In case of budget restarints, designation of focal
person may be made instead of office, by
municipalities.
“Persons with disabilities” rather than “disabled
persons”.

10754

PWD Privileges:

 20% discount and exemption from VAT

for the exclusive use and availment of the
PWD:
o Same as that in 9442
o Funeral and burial services;
beneficiary may only claim
discount after presentation of
death certificate. Excludes
obituary publication and
memorial lot.
INDIGENOUS PEOPLE ICC/IPs: a homogenous society identified by self-
ascription or ascription by others, who had
Article XIV, Section 17: The state shall recognize,
continuously lived as organized community on
respect and protect the rights of indigenous
communally bounded and defined territory,
cultural communities to preserve and develop
sharing common language, customs and
their cultures, traditions and institutions. It shall
traditions, and through resistance to poitical and
consider these rights in the formation of national
social inroads of colonization became
policies.
differentiated from the majority of the Filipinos.
ICCPR, Article 27: In states in which ethnic,
Native Title: pre-conquest rights to land and
religious or linguistic minorities exist, persons
domains which as far back as memory reaches
belonging to such minorities shall not be denied
have been held under a claim of private
the right to enjoy their own culture, to profess
ownership by ICC/IPs, never having been public
and practice their own religion and to use their
lands
own language.
Rights to ancestral domains:

8371
Ancestral domains:
 all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal
areas and natural resources therein
 held under a claim of ownership
 occupied and possessed by ICC/IPs by
themselves or their predecessors since
time immemorial
 continuously; EXC: interrupted by war,
force majeure or displacement by force,
deceit or stealth, voluntary dealings with
the government or priv individuals or
corporations
 includes ancestral lands, forests,
agricultural and other lands disposable or
otherwise even those no longer
exclusively occupied by them but from
which they traditionally had access for
their subsistence and traditional activities
 right of ownership:
 Right to develop: develop, control, use;
manage natural resources and benefit
from its allocation and utilization;
negotiate terms and conditions
 Right to stay in the territories: no ICC
shall be relocated without their free and
prior informed consent; EXC: eminent
domain.
 Right to resolve conflict: in accordance to
customary laws where the land is located;
in default thereof, amicable settlement
and courts of justice.
Right to ancestral lands:
 Right to transfer
 Right of redemption: in cases of vitiated
consent or unconscionable consideration
or price

Ancestral lands: land occupied, possessed or

utilized by individuals or families member of the
ICC/IP, since time immemorial, by themselves or
their predecessors, under claim of ownership,
continuously; EXC: war, force majeure,
displacement by force, deceit, voluntary dealings
with govt and priv indiv/corporations
WOMEN
Article II Section 14: The State recognizes the role
of women in nation-building, and shall ensure the
fundamental equality before the law of women
and men.
Article XIII Section 14: The state shall protect
working women by providing safe and healthful
conditions, taking into account their maternal
functions and facilities and opportunities to
enhance their welfare and enable them to realize
their full potential in the service of the nation.
7877 ANTI-SEXUAL HARASSMENT ACT
Work, education and training-related sexual
harassment:
 Committed by a person who has
authority, influence or moral ascendancy
over another in a work or education
environment (eg employer, employee,
manager, supervisor, teacher, professor,
coach, trainor)
 Demands, requests or otherwise requires
any sexual favor from the other,
regardless if accepted or not
If work-related:
 Sexual favor made as a condition in the
hiring, employment, re-employment or
continued employment, or for favorable
compensation or privileges, or the refusal
thereof would limit, segregate and
classify the employee in a way that would
discriminate, deprive or diminish
employment opportunities;
 Impairs the employee’s rights under the
labor law; or
 Results in intimidating or hostile work
environment
If education or training-related:
 Against one in the custody, care or
supervision of the offender;
 Education, training or tutorship is
entrusted to the offender;
 Sexual favor made as a condition in
giving of a passing grade, granting of
honors and scholarships, or payment of
stipend or other benefits; or
 Creates a hostile and intimidating envi
Persons who direct or induces another to commit
sexual acts or cooperates in the commission
thereof with acts without which it would have not
been committed, also liable.
Duty of the employer to prevent or deter
commission and provide procedures for the
resolution or prosecution of acts of sexual
harassment.
 Promulgate appropriate rules and
regulations, for procedure for
investigation and administrative sanction
(not a bar to prosecution in proper court)
 Create a committee on decorum and
investigation of cases
Employer or head of office solidarily liable for
damages arising from acts of sexual harassment
if he is informed of such acts and no immediate
action is taken.
6955 ANTI-MAIL ORDER BRIDES
Prohibited acts:
 Engage in business or scheme for money,
profit or other consideration, with
primary purpose of matching or offering
Filipino to a foreign national for marriage
or common law partnership, mail order
basis or personal introduction or through
websites
 Exhibit, advertise, publish, print or
distribute or cause the exhibition,
advertisement, etc of materials calculated
 to promoted prohibited acts in preceding
par or to post or upload the same to the
internet
 Solicit, enlist, attract or induce Filipino to
become a member of a club which
objective is to match them with foreign
nationals for a fee
 Use postal services or internet websites
for these purposes
Legitimate dating sites, the purpose of which is
connecting persons with shared interests, are not
covered by this Act.
Who are liable:
 Any person who shall abet or cooperate,
liable as principal.
 Committed by a syndicate if it is
committed by three or more persons
conspiring or confederating with one
another.
 Large-scale if committed against three or
more persons, individually or as a group.
 Any person who has knowledge and
profits from it or assists the offender to
profit from it without participating
 If foreigner, immediate deportation after
serving the sentence and paying the fine
 If juridical person, penalty shall be
imposed upon the owner, president,
partner, manager or responsible officer
who participated or knowingly permitted
The court shall order confiscation of all proceeds
and properties derived from such commission of
prohibited act, forfeiture in favor of the
government.
Mandatory programs: DFA, DSWD, DOJ,
Philippine Commission on Women, Commission
of Filipino Overseas
Venue: where act is committed or any of its
elements occurred.
9710 MAGNA CARTA FOR WOMEN
Women empowerment: provision and
accessibility of opportunities and services which
enable women to actively participate and
contribute to the political, economic, social and
cultural development of the nation, and provides
equal access to ownership, management and
control of material and informational resources
and benefits.
Discrimination against women: gender-based
distinction or exclusion impairing the recognition,
enjoyment or exercise by women of human rights
and fundamental freedoms in equality with men.
Gender equity: policies, instruments and
programs that address the disadvantaged
position of women in society. Such temporary
measures aimed at accelerating de facto equality
between men and women shall not be considered
discriminatory. These measures shall be
discontinued at the time the objectives of equal
opportunity and treatment have been achieved.
Gender mainstreaming: strategy of making
women’s and men’s concerns an integral
dimension of the design and implementation of
policies so that women and men are benefited
equally.
Special leave benefits for women (must have
rendered continuous aggregate employment of
at least 6 months for the last 12 months): 2
months of leave with full pay following surgery
caused by gynecological disorders.
Rights in matter relating to marriage:
 Right to enter into and leave marriage
 Right to freely choose a spouse and enter
into marriage with free and full consent;
betrothal and marriage of a child shall
have no legal effect
9262 ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT
Violence against women and their children:
 Committed by any person to his wife,
former wife, has or had a sexual or dating
relationship with, has a common child
 Act or series of acts which result or is
likely to result in physical, sexual or
pyschological harm or economic abuse
Includes, but not limited to:
 Physical violence : bodily or physical
harm
 Sexual violence:
o Rape, sexual harassment, acts of
L, treating as sex object, making
sexually suggestive remarks,
physically attacking sexual parts
of the victim’s body, forcing
them to watch indecent shows,
forcing the wife and mistress to
live in the conjugal home or
sleep together in the same room
with the abuser
o Acts causing or attempting to
cause the victim to engage in
forced sexual activity by force or
threat
o Prostituting the woman or child
 Psychological violence: cause or likely to
cause mental or emotional suffering such
as intimidation, harassment, stalking,
public ridicule, marital infidelity. Includes
allowing the victim to witness the sexual
abuse of a family member
 Economic abuse: make or attempt to
make a woman financially dependent
o Withdrawal of financial support,
preventing victim from engaging
in legitimate profession or
business; EXC: valid, serious and
moral grounds
o Deprivation or threat thereof of
financial resources and right to
use conjugal property
o Destroying household property
o Solely controlling conjugal
money and property
Stalking: intentional act of following a woman or
child, or places them under surveillance directly
or indirectly, without lawful justification.
Dating relationship: parties live as husband and
wife without the benefit of marriage, or are
romantically involved over time and on a
continuing basis. Casual acquaintance and
ordinary socialization not dating relationship.
Sexual relations: single sexual act which may or
may not result in the bearing of a child.
Shall be liberally construed to promote protection
and safety of victims of violence.
Acts of violence:
 Causing physical harm
 Threatening to cause physical harm
 Attempting to cause ph
 Placing them in fear of imminent PH
 Compelling or attempting to compel to
perform acts which they have the right to
desist from
 Restriction of freedom of movement
 Deprivation of financial support legally
due or deliberately providing insufficient
 Preventing to engage in lawful
profession, business or occupation or
activity
 Threatening to harm oneself for the
purpose of controlling the actions
 Engaging in conduct causing alarm or
distress to the woman
o Stalking
o Peering in window or lingering
outside residence
o Entering or remaining in the
dwelling
 o Destroying property or harming
animals or pets
Stages of commission follows RPC.
The ff reliefs may be issued in addition to
BPO/TPO/PPO:
 Prohibition from committing or
threatening to commit the prohibited
acts
 Prohibition from annoying, harassing,
telephoning or communicating with
petitioner
 Removal or exclusion from residence;
could be permanent if no property rights
are impaired; petitioner may be
accompanied by law enforcement agents
in case of removal of personal effects
 Direct respondent to stay away from
petitioner at a distance specified by the
court, or any place frequented by
petitioner
 Direct lawful possession of automobile
and other essential personal effects
 Temporary/permanent custody of child
 Support
 Restitution
Who may file:
 Offended party
 Parents or guardians
 Ascendants, descendants, collateral
relatives within the 4th civil degree
 DSWD or LGU social workers
 Police officers
 Barangay Captain or Kagawad
 Lawyer, counselor, healthcare provider
 At least 2 responsible citizens of the city
or municipality where the violence
occurred and who has personal
knowledge thereof
Where to apply:
 BPO:
 TPO or PPO: RTC, MTC, MCTC with
territorial jurisdiction over the place of
residence of petitioner. EXC: if there’s a
family court, file there.
How to apply TPO/PPO:
 In writing, signed and verified under oath
by the applicant; may be an independent
action or incidental relief; includes:
o Name and address of petitioner
and respondent
o Description of relationship
o Statement of circumstances of
abuse
o Description of the reliefs
o Attestation that there is no
pending application for a
protection order in another court
 Application for PO before a court is an
application for both PPO and TPO.
Enforceability: anywhere in the PH.
How to apply BPO:
 Punong barangay who receives
application for BPO shall issue the BPO
after ex parte determination of the basis
of application. If unavailable, then
barangay kagawad, with attestation of
the unavailability of the PB. BPO effective
ogr 15 days.
TPO: effective for 30 days; hearing to be
conducted to determine propriety of issuing PPO.
Respondent’s non-appearance despite lack of
notice, or lack or unavailability of lawyer shall not
be a ground for postponement. If lawyer is
absent, the court will appoint. If respondent is
absent, ex parte presentation of evidence.
PPO effective until revoked by the court.
Art 58 of the FC does not apply in cases of legal
separation due to violence (58: trial only after six
months of filing of petition).
Prescriptive period: 20/10 years.
Prohibited defenses:
 Respondent files opposition but does not
appear: ex parte presentation of evidence
Sumary procedure.
Court may order exclusion of all persons without
direct interest if:

 Influence of alcohol, illicit drug or mind-
altering substance
The PB or Kagawad cannot order, direct or
influence the applicant for BPO to compromise or
abandon any of the reliefs sought in the
application.
Victims may be given paid leave of absence up to
10 days in addition to other paid leaves granted.
All records in the barangay is confidential, and
whoever publishes the same shall be held in
contempt.
 Presence will not enhance ascertainment
of truth
 Would cause psychological harm or
ineffective communication due to
embarrassment
 Violate right to privacy
 Offensive to decency and public morals
Availability of live-link television in taking the
testimony of a child, eyewitness or offended
party.
If PO filed first, it will proceed independently of
the criminal action, needing only preponderance.

If criminal action filed first, PO deemed instituted;

AM 04-10-11-SC EXC: reserved right to institute separately.

Prohibited motions and pleadings: Same rule with civil actions.

 Motion to dismiss; EXC: jurisdiction over BPO Venue:

subject matter and the parties
 Parties reside in same barangay, that
 Motion for extension of time
barangay
 Dilatory motion for postponement
 Different barangay in the same
 Bill of particulars
municipality or city, barangay where the
 Third-party complaint
respondent resides
 Motion to declare respondent in default
 Workplace or educational institution,
 Intervention
barangay where it is located
 Memorandum
 Certiorari, mandamus and prohibition
against interlocutory orders
 Motion for new trial or reconsideration
 Petition for relief from judgment

Failure to appear:

 Petitioner: dismissal except if the lawyer

is present and provides justifiable reason;
EXC: petitioner is not offended party and
the latter is present
 Counsel of respondent: appointment