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Thursday, November 24, 2011

Laws Protecting Women Workers

Justice Regalado, in the case of Philippine Telegraph and Telephone Co. vs. NLRC, et al., (G.R. No. 118978, May 23, 1997) paints a canvas of Philippine laws extending protection to women workers.


"The Constitution, cognizant of the disparity in rights between men and women in almost all phases of social and political life, provides a gamut of protective provisions.  To cite a few of the primordial ones, Section 14, Article II on the Declaration of Principles and State Policies, expressly recognizes the role of women in nation-building and commands the State to ensure, at all times, the fundamental equality before the law of women and men.

"Corollary thereto, Section 3 of Article XIII (the progenitor whereof dates back to both the 1935 and 1973 Constitution) pointedly requires the State to afford full protection to labor and to promote full employment and equality of employment opportunities for all, including an assurance of entitlement to tenurial security of all workers. 

"Similarly, Section 14 of Article XIII mandates that the State shall protect working women through provisions for opportunities that would enable them to reach their full potential. 

"Corrective labor and social laws on gender inequality have emerged with more frequency in the years since the Labor Code was enacted on May 1, 1974 as Presidential Decree No. 442, largely due to our country's commitment as a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

"Principal among these laws are Republic Act No. 6727 which explicitly prohibits discrimination against women with respect to terms and conditions of employment, promotion, and training opportunities.  Republic Act No. 6955 which bans the "mail-order-bride" practice for a fee and the export of female labor to countries that cannot guarantee protection to the rights of women workers.

"Republic Act No. 7192, also known as the 'Women in Development and Nation Building Act,' which affords women equal opportunities with men to act and to enter into contracts, and for appointment, admission, training, graduation, and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police.

"Republic Act No. 7322 increasing the maternity benefits granted to women in the private sector.  Republic Act No. 7877 which outlaws and punishes sexual harassment in the workplace and in the education and training environment; and Republic Act No. 8042, or the 'Migrant Workers and Overseas Filipinos Act of 1995,' which prescribes as a matter of policy, inter alia, the deployment of migrant workers, with emphasis on women, only in countries where their rights are secure.  





"Likewise, it would not be amiss to point out that in the Family Code, women's rights in the field of evil law have been greatly enhanced and expanded.

"In the Labor Code, provisions governing the rights of women workers are found in the Articles 130 to 138 thereof." 
ART. 130. Nightwork Prohibition.  -- No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:
(a)  In any industrial undertaking or branch thereof between ten o'clock at night and six o'clock in the morning of the following day; or
(b)  In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o'clock in the morning of the following day; or
(c)  In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours. 
ART. 131.  Exceptions. --  The prohibitions prescribed by the preceding Article shall not apply to any of the following cases:
 (a)  In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety;
(b)  In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;
(c)  Where the work is necessary to prevent serious loss of perishable goods;
(d)  Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare service;
(e)  Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers;
(f)  Where the women employees are immediate members of the family operating the establishment or undertaking; and
(g)  Under other analogous cases exempted by the Secretary of Labor in appropriate regulations.
ART. 132. Facilities for Women. -- The Secretary of Labor shall establish standards that will insure the safety and health of women employees.  In appropriate cases, he shall by regulations, require employers to:
(a)  Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;
(b)  To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;
(c)  To establish a nursery in a workplace for the benefit of the woman employees therein; and
(d)  To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.


Tuesday, September 13, 2011

R.A. No. 10023 - An Act Authorizing the Issuance of Free Patents to Residential Lands


Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS

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

Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not needed for public service and/or public use.





Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be violated.

Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

Section 3. Application. - The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

Section 5. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents issued under this Act.

Section 6. Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.

Section 7. Implementing Rules and Regulations. - The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.

Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts of this Act shall be thereby shall continue to be in full force and effect.

Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its publication in two (2) national newspapers of general education.

Approved

(Sgd.) JUAN PONCE ENRILE
President of the Senate
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5618 and Senate Bill No. 3429 was finally passed by the House of Representatives and Senate on December 18, 2009.

(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: March 9, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Sunday, April 24, 2011

ATTY. GODOFREDO "Boy" SEÑIRES, JR JOINS HIS MAKER

GODOFREDO "Boy" SEÑIRES, JR.
GODOFREDO "Boy" V. Senires, Jr. joined our Creator last 23 April 2011 at 1235am while confined at the V. Luna General Hospital in Quezon City. 

His medical certificate reported: "ARF Type I secondary obstructive pneumonia non-small cell lung adeno, CA stage IV bone metastasize CVD Infarct, Parietal lobe left S/P chemotheraphy C2; Gastro-duodenal ulcer."

He now lies peacefully at HABAKKUK ROOM, St. Peter Chapel, Quezon Ave., QC.

His last mass and final sacraments will be given to him on the 30th of April, 2011 at 9:00am. Afterwhich, we will comply with one of his last wishes to be cremated immediately after.

He will be joining the final resting place of my grandfather: GODOFREDO "Godong" B. Senires, Sr., at the Manila Memorial Park, Sucat, Pque.

We, therefore ask all relatives and those that have been part of his life to pray for the repose of his soul. 

He was the pillar of our family from whom we find strength. 

Pahinga ka na, Dy. We love you very, very much!  We will surely miss you.


- Janeth D. Lim-Señires

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