REVISED IMPLEMENTING RULES

AND
REGULATIONS OF
REPUBLIC ACT NO. 8187
FOR THE PRIVATE SECTOR

Pursuant to Republic Act No. 8187

entitled, “An Act Granting
Paternity Leave of Seven (7) Days
with Full Pay to All Married Male
Employees in the Private and
Public Sectors For the First Four
(4)
Deliveries of the Legitimate
Spouse With Whom He is
Cohabiting
And For Other Purposes,” the
following Revised Rules and
Regulations are hereby issued:
SECTION 1. Definition of Terms.—
As used in these Rules, the
following terms shall have the
meaning as indicated hereunder:
a. “Paternity leave” refers to the
leave 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 the hereinafter provided.
purpose of lending support to his The rules on paternity leave of
wife during her period of recovery employees in the public sector shall
and/or in nursing of the newly born be
child. promulgated by the Civil Service
b. “Employee” refers to any person Commission.
who performs services for another SECTION 3. Conditions to
and receives compensation therefor, entitlement of paternity leave
provided an employer-employee benefits. —
relationship exists between them. A married male employee shall be
c. “Delivery” refers to childbirth or entitled to paternity benefits
miscarriage. provided that:
d. “Spouse” refers to the lawful wife. a. he is an employee at the time of
For this purpose, lawful wife delivery of his child;
refers to a woman who is legally b. he is cohabiting with his spouse
married to the male employee at the time she gives birth or
concerned. suffers a miscarriage. prcd
e. “Cohabiting” refers to the c. he has applied for paternity leave
obligation of the husband and wife in accordance with Section 4
to hereof; and
live together. d. his wife has given birth or
SECTION 2. Coverage. — Every suffered a miscarriage.
married male employee in the SECTION 4. Application for leave. —
private The married male employees
sector shall be entitled to paternity shall apply for paternity leave with
leave benefits of seven (7) days his employer within a reasonable
with full pay for the first four period of time from the expected
deliveries by his lawful spouse date of delivery by the pregnant
under spouse, or within such period as
such terms and conditions as may be provided by company rules
and regulations or by collective allowed not to report for work,
bargaining agreement, provided that provided, that his pay shall not be
prior application for leave shall not less
be required in case of miscarriage. than the mandated minimum wage.
SECTION 5. Availment . SECTION 7. Non-commutation of
Paternity leave benefits shall be benefits. — In the event that
granted to paternity leave benefit is not availed
the qualified employee after the of, said leave shall not be
delivery by his wife, without convertible to cash.
prejudice to an employer allowing an SECTION 8. Non-diminution clause.
employee to avail of the benefit — Nothing in these Rules shall
before or during the delivery; be construed to reduce or replace
provided, that the total number of any existing benefits of any kind
days granted under existing laws,
shall not exceed seven (7) days for decrees, executive orders, or any
each delivery. contract, agreement or policy
Old- SECTION 5. Availment. — The between employer and employee.
paternity benefits set forth herein SECTION 9. Crediting of existing
may be enjoyed by the qualified benefits. — Where a male employee
employee before, during or after the is already enjoying the paternity
delivery by his wife; provided, that
leave benefits by reason of contract,
the total number of days shall not
company policy or collective
exceed seven (7) working days for
bargaining agreement, the following
each delivery. Provided, further,
rules shall apply:
that this benefit shall be availed of
not later than sixty (60) days after a. If the existing paternity leave

the date of said delivery. benefit is greater than the benefit

SECTION 6. Benefits. — The herein provided, the greater benefit

employee is entitled to his full pay, shall prevail;

consisting of basic salary, for the b. If the existing paternity leave is

seven (7) days during which he is less than that provided herein,
such existing benefit shall be managing director or partner
adjusted to the extent of the directly responsible therefor.
difference. SECTION 11. Transitory Provision.
However, where a contract, company — All qualified employees whose
policy or collective bargaining spouse delivered a child or suffered
agreement provides for an a miscarriage on or after July 5,
emergency or contingency leave 1996 are entitled to paternity leave,
without subject to the conditions
specific provisions on paternity prescribed in Section 3, paragraphs
leave, the paternity leave as herein (a) and (b).
provided shall apply in full. SECTION 12. Repealing Clause. —
SECTION 10. Penalty. — Any All laws, ordinances, rules,
person, corporation, trust, firm, regulations, issuances, or parts
partnership, association or entity thereof which are inconsistent with
found violating any provision of these Rules are deemed repealed or
these Rules shall be penalized by a modified accordingly.
fine not exceeding twenty five SECTION 13. Separability Clause. —
thousand pesos (P25,000) or If any provision or portion of
imprisonment of not less than thirty these Rules is declared void or
(30) days nor more than six (6) unconstitutional, the remaining
months. portions or provisions hereof shall
If the violation is committed by a continue to be valid and effective.
corporation, trust or firm, SECTION 14. Effectivity. — These
partnership, association or any Revised Rules shall take effect on
other entity, the penalty of 05 July 1996.
imprisonment shall be imposed on
the entity’s responsible officers,
including but not limited to, the
president, vice president, chief
executive officer, general manager,
Maternity Leave

Under Sec. 14-A of Republic Act No.

(“R.A.”) 1161 (Social Security Law),
as amended by R.A. No. 7322, R.A.
No. 8282 and R.A. No. 11210, every
pregnant woman in the private
sector, married or unmarried, is
entitled to maternity leave benefits.
The law provides for daily maternity
benefit equivalent to the average
daily salary credit for 105 days,
regardless of whether the woman
gave birth by normal delivery or
caesarean delivery. For miscarriages
or emergency termination of
pregnancy, the woman is given a 60-
day leave. For solo parents, an
additional 15 days maternity leave
shall be granted. At the option of the
woman, she can allocate up to seven
days of leave to her child’s father.

The law requires that the employee

has contributed at least three-
monthly contributions to the Social
Security System for the 12-month
period immediately preceding the
semester of her childbirth or
miscarriage. She must also have
properly notified her employer of her
pregnancy and probable date of
childbirth. The leave can be availed
by female workers in every instance
of pregnancy, miscarriage or
emergency termination of
pregnancy, regardless of frequency.

Parental Leaves for Solo Parents

(R.A. No. 8972)

Parental Leave of not more than

seven (7) working days every year
shall be granted to any solo parent
employee who has rendered service
of at least one (1) year, in addition to
leave privileges under existing laws.
The purpose of the law is to enable
the solo parent to perform parental
duties and responsibilities where
physical presence is required.
Special Leave Benefits for Women
(Section 18, R.A. No. 9710)

MAGNA CARTA FOR WOMEN

A woman employee having rendered

continuous aggregate employment
service of at least 6 months for the
last 12 months shall be entitled to a
special leave benefit of two (2)
months with full pay based on her
gross monthly compensation
following surgery caused by
gynecological disorders.

What is Magna Carta of Women

(Republic Act No. 9710)?

The Magna Carta of Women (MCW)

is a comprehensive women’s human
rights law that seeks to eliminate
discrimination through the
recognition, protection, fulfillment,
and promotion of the rights of
Filipino women, especially those
belonging to the marginalized
sectors of society.

 It is the local translation of the

provisions of the Convention on
the Elimination of All Forms of
Discrimination against Women’s
(CEDAW), particularly in defining
gender discrimination, state
obligations, substantive equality,
and temporary special measures. It
also recognizes human rights
guaranteed by the International
Covenant on Economic, Social, and
Cultural Rights (ICESCR).

Why is this law entitled the

Magna Carta of Women and not
Magna Carta for Women?
In the process of national denied or restricted in the
consultation during the 13th recognition and protection of
Congress, it was decided to rename their rights and in their
the bill to Magna Carta of Women to access to and enjoyment of
highlight women’s participation opportunities, benefits, or
and ownership of the bill. privileges; or women, more
than men are shown to have
suffered the greater adverse
effects of those measures or
What is discrimination against practices; and 
women?   discrimination compounded
by or intersecting with other
The Magna Carta of Women defines grounds, status, or condition,
discrimination against women as:  such as ethnicity, age,
poverty, or religion.
 any gender-based distinction,
exclusion, or restriction which
has the effect or purpose of
impairing or nullifying the What are the rights of women
recognition, enjoyment, or guaranteed under the Magna
exercise by women, Carta of Women? 
irrespective of their marital
status, on a basis of equality All rights in the Philippine
of men and women, of human Constitution and those rights
rights and fundamental recognized under international
freedoms in the political, instruments duly signed and ratified
economic, social, cultural, by the Philippines, in consonance
civil or any other field;  with Philippine laws shall be rights
 any act or omission, including of women under the Magna Carta of
by law, policy, administrative Women. These rights shall be
measure, or practice, that enjoyed without discrimination since
directly or indirectly excludes the law prohibits discrimination
or restricts women in the against women, whether done by
recognition and promotion of public and private entities or
their rights and their access to individuals. 
and enjoyment of
opportunities, benefits, or
privileges; 
 a measure or practice of The Magna Carta of Women also
general application that fails spells out every woman’s right
to provide for mechanisms to to: 
offset or address sex or
gender-based disadvantages  Protection from all forms of
or limitations of women, as a violence, including those
result of which women are committed by the State. This
includes the incremental
 increase in the recruitment existing laws that are
and training of women in discriminatory to women; 
government services that cater  Equal access and elimination
to women victims of gender- of discrimination against
related offenses. It also women in education,
ensures mandatory training scholarships and training.
on human rights and gender This includes revising
sensitivity to all government educational materials and
personnel involved in the curricula to remove gender
protection and defense of stereotypes and images, and
women against gender-based outlawing the expulsion, non-
violence, and mandates local readmission, prohibiting
government units to establish enrollment and other related
a Violence Against Women discrimination against women
Desk in every barangay to students and faculty due to
address violence against pregnancy outside of
women cases;  marriage; 
 Protection and security in  Equal participation in sports.
times of disaster, calamities This includes measures to
and other crisis situations, ensure that gender-based
especially in all phases of discrimination in competitive
relief, recovery, rehabilitation and non-competitive sports is
and construction efforts, removed so that women and
including protection from girls can benefit from sports
sexual exploitation and other development; 
sexual and gender-based  Non-discrimination in
violence.  employment in the field of
 Participation and military, police and other
representation, including similar services. This includes
undertaking temporary special the same promotional
measures and affirmative privileges and opportunities
actions to accelerate and as their men counterpart,
ensure women’s equitable including pay increases,
participation and additional benefits, and
representation in the third awards, based on competency
level civil service, development and quality of performance.
councils and planning bodies, The dignity of women in the
as well as political parties and military, police and other
international bodies, including similar services shall always
the private sector.  be respected, they shall be
 Equal treatment before the accorded with the same
law, including the State’s capacity as men to act in and
review and when necessary enter into contracts, including
amendment or repeal of marriage, as well as be
entitled to leave benefits for
 women such as maternity on the number and spacing of
leave, as provided for in their children, enjoy personal
existing laws;  rights including the choice of
 Non-discriminatory and non- a profession, own, acquire,
derogatory portrayal of women and administer their property,
in media and film to raise the and acquire, change, or retain
consciousness of the general their nationality. It also states
public in recognizing the that the betrothal and
dignity of women and the role marriage of a child shall have
and contribution of women in no legal effect.
family, community, and the
society through the strategic
use of mass media; 
 Comprehensive health The Magna Carta of Women also
services and health guarantees the civil, political and
information and education economic rights of women in the
covering all stages of a marginalized sectors, particularly
woman’s life cycle, and which their right to:
addresses the major causes of
women’s mortality and  Food security and resources
morbidity, including access to for food production, including
among others, maternal care, equal rights in the titling of
responsible, ethical, legal, safe the land and issuance of
and effective methods of stewardship contracts and
family planning, and patents; 
encouraging healthy lifestyle  Localized, accessible, secure
activities to prevent diseases;  and affordable housing; 
 Leave benefits of two (2)  Employment, livelihood,
months with full pay based on credit, capital and
gross monthly compensation, technology; 
for women employees who  Skills training, scholarships,
undergo surgery caused by especially in research and
gynecological disorders, development aimed towards
provided that they have women friendly farm
rendered continuous technology; 
aggregate employment service  Representation and
of at least six (6) months for participation in policy-making
the last twelve (12) months;  or decisionmaking bodies in
 Equal rights in all matters the regional, national, and
relating to marriage and international levels; 
family relations. The State  Access to information
shall ensure the same rights regarding policies on women,
of women and men to: enter including programs, projects
into and leave marriages, and funding outlays that
freely choose a spouse, decide
 affect them; • Social
protection; 
 Recognition and preservation How can Filipino women living
of cultural identity and abroad benefit from this law? 
integrity provided that these
cultural systems and Statistics show that more and more
practices are not Filipino women are migrating for
discriminatory to women;  overseas employment. In many
 Inclusion in discussions on places, women migrant workers
peace and development;  have limited legal protections or
 Services and interventions for access to information about their
women in especially difficult rights, rendering them vulnerable to
circumstances or WEDC; gender-specific discrimination,
 Protection of girl-children exploitation and abuse. 
against all forms of
discrimination in education, Section 37 of the Magna Carta of
health and nutrition, and Women mandates the designation of
skills development; and  a gender focal point in the consular
 Protection of women senior section of Philippine embassies or
citizens.  consulates. The said officer who
shall be trained on Gender and
Development shall be primarily
responsible in handling gender
The Magna Carta of Women defines concerns of women migrant
the marginalized sectors as those workers, especially those in distress.
who belong to the basic, Other agencies (e.g. the Department
disadvantaged, or vulnerable groups of Labor and Employment and the
who are mostly living in poverty and Department of Social Welfare and
have little or no access to land and Development) are also mandated to
other resources, basic social and cooperate in strengthening the
economic services such as health Philippine foreign posts’ programs
care, education, water and for the delivery of services to women
sanitation, employment and migrant workers, consistent with the
livelihood opportunities, housing one-country team approach in
security, physical infrastructure and Foreign Service. 
the justice system. These include,
but are not limited to women in the
following sectors or groups: Small
farmers and rural workers, Who will be responsible for
Fisherfolk, Urban poor, Workers in implementing the Magna Carta of
the formal economy, Workers in the Women? 
informal economy, Migrant workers,
Indigenous Peoples, Moro, Children, The State, the private sector, society
Senior citizens, Persons with in general, and all individuals shall
disabilities, and Solo parents. contribute to the recognition,
respect and promotion of the rights
of women defined and guaranteed in discrimination against Filipino
the Magna Carta of Women. The women.
Philippine Government shall be the
primary duty-bearer in
implementing the said law. This
means that all government offices, What are the specific
including local government units responsibilities of government
and government-owned and under the Magna Carta of
controlled corporations shall be Women? 
responsible to implement the
provisions of Magna Carta of Women The Magna Carta of Women
that falls within their mandate, mandates all government offices,
particularly those that guarantee including government-owned and
rights of women that require specific controlled corporations and local
action from the State.  government units to adopt gender
mainstreaming as a strategy for
As the primary duty-bearer, the implementing the law and attaining
Government is tasked to:  its objectives. It also mandates (a)
planning, budgeting, monitoring and
 refrain from discriminating evaluation for gender and
against women and violating development, (b) the creation and/or
their rights;  strengthening of gender and
 protect women against development focal points, and (c) the
discrimination and from generation and maintenance of
violation of their rights by gender statistics and sex-
private corporations, entities, disaggregated databases to aid in
and individuals;  planning, programming and policy
 promote and fulfill the rights formulation. 
of women in all spheres,
including their rights to Under this law, the National
substantive equality and non- Commission on the Role of
discrimination.  Filipino Women which will be
renamed as the Philippine
The Government shall fulfill these Commission on Women (PCW) shall
duties through the development and be the overall monitoring and
implementation of laws, policies, oversight body to ensure the
regulatory instruments, implementation of the law. As an
administrative guidelines, and other agency under the Office of the
appropriate measures, including President of the Philippines, it will
temporary special measures. It shall be the primary policy-making and
also establish mechanisms to coordinating body for women and
promote the coherent and integrated gender equality concerns and shall
implementation of the Magna Carta lead in ensuring that government
of Women and other related laws agencies are capacitated on the
and policies to effectively stop
effective implementation of the on Human Rights to the Civil
Magna Carta of Women.  Service Commission and the
Department of the Interior and Local
Consistent with its mandate, the Government. 
Commission on Human Rights
shall act as the Gender and Further, in cases where violence has
Development Ombud to ensure the been proven to be perpetrated by
promotion and protection of agents of the State, such shall be
women’s human rights.  considered aggravating offenses with
corresponding penalties depending
The Commission on Audit shall on the severity of the offenses. 
conduct an annual audit on the
government offices’ use of their If the violation is committed by a
gender and development budgets for private entity or individual, the
the purpose of determining its person directly responsible for the
judicious use and the efficiency, and violation shall be liable to pay
effectiveness of interventions in damages. Further, the offended
addressing gender issues.  party can also pursue other
remedies available under the law
Local government units are also and can invoke any of the other
encouraged to develop and pass a provisions of existing laws,
gender and development code to especially those that protect the
address the issues and concerns of rights of women. 
women in their respective localities
based on consultation with their
women constituents. 
How will the implementation of
the Magna Carta of Women be
funded? 
What are the penalties of
violators?  The Magna Carta of Women provides
that the State agencies should
If the violation is committed by a utilize their gender and development
government agency or any budgets for programs and activities
government office, including to implement its provisions. Funds
government-owned and controlled necessary for the implementation of
corporations and local government the Magna Carta of Women shall be
units, the person directly charged against the current
responsible for the violation, as well appropriations of the concerned
as the head of the agency or local agencies, and shall be included in
chief executive shall be held liable their annual budgets for the
under the Magna Carta of Women. succeeding years. The Magna Carta
The sanctions under administrative of Women also mandates the State
law, civil service or other to prioritize allocation of all available
appropriate laws shall be
recommended by the Commission
resources to effectively fulfill its leaves under the Labor Code and
obligations under the said law.  Civil Service Rules and Regulations.
It is extendible when the necessity
Special Leave for Victims of arises as specified in the protection
Violation of the Anti-Violence order. This is afforded to the woman
Against Women and Their employee to enable her to attend to
Children Law (Section 43, R.A. the medical and legal concerns
No. 9262) relative to said law. This leave is not
convertible to cash.
Female employees who are victims
under R.A. No. 9262 are entitled to
take a paid leave of absence up to Any employer who shall prejudice
ten (10) days in addition to other the right of the person under this
paid leaves under the Labor Code law shall be penalized in accordance
and Civil Service Rules and with the provisions of the Labor
Regulations. Said leave is extendible Code and Civil Service Rules and
when the necessity arises as Regulations. Likewise, an employer
specified in the protection order. who shall prejudice any person for
assisting a co-employee who is a
Any employer who shall prejudice victim under this Act shall likewise
the right of the person under this be liable for discrimination.
section shall be penalized in
accordance with the provisions of HOW CAN A WOMAN BE
the Labor Code and Civil Service ENTITLED TO THIS LEAVE?
Rules and Regulations. Likewise, an
employer who shall prejudice any At any time during the application of
person for assisting a co-employee any protection order, investigation,
who is a victim under this Act shall prosecution and/or trial of the
likewise be liable for discrimination. criminal case, a victim of Violence
Against Women and their Children
Other work leaves may include, (VAWC) who is employed shall be
among others, birthday leave, study entitled to said paid leave of up to
leave, bereavement leave, emergency ten (10) days. The Punong
leave, calamity leave and Barangay/kagawad or prosecutor or
rehabilitation leave, which for being the Clerk of Court, as the case may
non-statutory leaves, are subject to be, shall issue a certification at no
employers’ discretion. cost to the woman that such an
action is pending, and this is all that
The availment of the foregoing work is required for the employer to
leaves are subject to specific comply with the 10-day paid leave.
requirements under the law and/or
the employer’s existing policies. For government employees, in
addition to the aforementioned
R.A. No. 9262 grants to victims a certification, the employee
total of ten (10) days of paid leave of concerned must file an application
absence, in addition to other paid
for leave citing as basis RA 9262. provide additional entitlements to
The administrative enforcement of compassionate leave.
this leave entitlement shall be
considered within the jurisdiction of When can compassionate leave
the Regional Director of the DOLE be taken
under Article 129 of the Labor Code
for employees in the private sector, Employees can take compassionate
and the Civil Service Commission, leave if:
for government employees.
HOW TO AVAIL?  a member of their immediate
family or household dies, or
The availment of the ten (10) day- contracts or develops a life-
leave shall be at the option of the threatening illness or injury
woman employee, which shall cover  a baby in their immediate family
the days that she has to attend to or household is stillborn
medical and legal concerns. Leaves  they have a miscarriage
not availed of are non-cumulative  their current spouse or de facto
partner has a miscarriage.
and not convertible to cash.
Immediate family
The employer/agency head who
denies the application for leave, and
who shall prejudice the victim- An employee’s immediate family
survivor or any person for assisting includes their:
a co-employee who is a victim-
 spouse or former spouse
survivor under the Act shall be held
 de facto partner or former de
liable for discrimination and facto partner
violation of RA 9262. The provision  child
of the Labor Code and the Civil  parent
Service Rules and Regulations shall  grandparent
govern the penalty to be imposed on  grandchild
the said employer/agency head.  sibling.

Immediate family also includes:

Compassionate &  the immediate family of the

employee's spouse or de facto
bereavement leave partner (or former spouse or de
facto partner)
The National Employment  step-relations (for example, step-
Standards provide all employees, parent and step-child)
including casuals, with an  adoptive relations.
entitlement to compassionate leave
(also known as bereavement leave). Employees can take compassionate
Awards, enterprise agreements and leave for other relatives (for example,
other registered agreements can also cousins, aunts and uncles) if they
are a member of the employee's
household or if their employer Casual employees receive unpaid
agrees. compassionate leave.

Amount of compassionate leave Compassionate leave can't be

cashed out.
Employees are entitled to 2 days
compassionate leave each time they Notice and evidence
meet the criteria.
An employee taking compassionate
Employees can take compassionate leave has to give their employer
leave as: notice as soon as they can (this may
be after the leave has started). The
 a single continuous 2 day period employee has to tell the employer
 2 separate periods of 1 day each how much leave they are taking, or
 any separate periods as agreed expect to take, and when.
with their employer.
An employer can request evidence
Employees don't accumulate about the reason for compassionate
compassionate leave and it's not a leave (for example, a death or
part of their sick and carer's leave funeral notice or statutory
entitlement. Employees can take declaration). This request for
compassionate leave any time they evidence has to be reasonable. If the
need it. employee doesn't provide the
requested notice or evidence they
If an employee is already on another may not get compassionate leave.
type of leave (for example, annual
leave) and needs to take
compassionate leave, they can use
compassionate leave instead of the
other leave.

Payment for compassionate

leave

Full-time and part-time employees

receive paid compassionate leave.
They’re paid at their base pay rate
for the ordinary hours they would
have worked during the leave.

This doesn't include separate

entitlements such as incentive-
based payments and bonuses,
loadings, monetary allowances,
overtime or penalty rates.