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Reviewer For Social Welfare Legislations

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41 views28 pages

Reviewer For Social Welfare Legislations

Uploaded by

Maria Gie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Reviewer for Social Welfare Legislations

(LAWS)
Date passed/
LAWS NUMBER MEANING/Purpose Terms accord. To the act
begun/ held
The Family Code of Executive Order July 6, 1987 1. Marriage is a special contract of permanent union between a man and a woman entered
the Philippines No. 209 into in accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits provided by
this Code.
Juvenile Justice Republic Act No. July 25, 2005 An act establishing a 1. Bail refers to the security given for the release of the person in custody of the law, furnished by
and Welfare Act of 9344 comprehensive juvenile justice and him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in
2006 welfare system, creating the juvenile the form of corporate security, property bond, cash deposit, or recognizance.
justice and welfare council under
the department of justice, 2. Best Interest of the Child refers to the totality of the circumstances and conditions which are
appropriating funds therefor and most congenial to the survival, protection and feelings of security of the child and most
for other purposes. encouraging to the child's physical, psychological and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and development of the child.

3. Child refers to a person under the age of eighteen (18) years.

4. Child at Risk refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
It shall cover the different stages  being abused by any person through sexual, physical, psychological, mental, economic or
involving children at risk and any other means and the parents or guardian refuse, are unwilling, or unable to provide
children in conflict with the law protection for the child;
from prevention to rehabilitation  being exploited including sexually or economically;
and reintegration.  being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
 coming from a dysfunctional or broken family or without a parent or guardian;
 being out of school;
 being a streetchild;
 being a member of a gang;
 living in a community with a high level of criminality or drug abuse; and
 living in situations of armed conflict.

6. Child in Conflict with the Law refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.

7. Community-based Programs refers to the programs provided in a community setting


developed for purposes of intervention and diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.

8. Court refers to a family court or, in places where there are no family courts, any regional trial
court.

9. Deprivation of Liberty refers to any form of detention or imprisonment, or to the placement of


a child in conflict with the law in a public or private custodial setting, from which the child in
conflict with the law is not permitted to leave at will by order of any judicial or administrative
authority.

10. Diversion refers to an alternative, child-appropriate process of determining the responsibility


and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

11. Diversion Program refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.

12. Initial Contact With-the Child refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens. It includes the time when the
child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of
the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the
same Rule in cases that do not require preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under immediate custody.

13. Intervention refers to a series of activities which are designed to address issues that caused
the child to commit an offense. It may take the form of an individualized treatment program
which may include counseling, skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being.
14. Juvenile Justice and Welfare System refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to
ensure their normal growth and development.

15. Law Enforcement Officer refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including a barangay tanod.

16. Offense refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.

17. Recognizance refers to an undertaking in lieu of a bond assumed by a parent or custodian


who shall be responsible for the appearance in court of the child in conflict with the law, when
required.

18. Restorative Justice refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in prevention strategies.

19. Status Offenses refers to offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. These shall include curfew violations; truancy,
parental disobedience and the like.

20. Youth Detention Home refers to a 24-hour child-caring institution managed by accredited
local government units (LGUs) and licensed and/or accredited nongovernment organizations
(NGOs) providing short-term residential care for children in conflict with the law who are awaiting
court disposition of their cases or transfer to other agencies or jurisdiction.

21. Youth Rehabilitation Center refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and rehabilitation services for children
in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff
where residents are cared for under a structured therapeutic environment with the end view of
reintegrating them into their families and communities as socially functioning individuals.
Physical mobility of residents of said centers may be restricted pending court disposition of the
charges against them.

22. Victimless Crimes refers to offenses where there is no private offended party.
The Child & Youth Presidential It shall apply to persons below
Welfare Code Decree No. 603 twenty-one years of age except
those emancipated in accordance
with law. “Child” or “minor” or
“youth” as used in this Code, shall
refer to such persons.
Special Protection Republic Act July 22, 1991 An act providing for stronger 1. Children refers to persons below eighteen (18) years of age or those over but are unable to
of Children Against 7610 deterrence and special protection fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because
Child Abuse, against child abuse, exploitation of a physical or mental disability or condition;
Exploitation & and discrimination, providing
Discrimination Act penalties for its violation, and for 2. Child abuse refers to the maltreatment, whether habitual or not of the child which includes any
other purposes. of the following:
 psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
 any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
 unreasonable deprivation of his basic needs for survival, such as food and shelter; or
 failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

3. Circumstances which gravely threaten or endanger the survival and normal development of
children include, but are not limited to, the following;
 being in a community where there is armed conflict or being affected by armed conflict-
related activities
 working under conditions hazardous to life, safety and morals which unduly interfere
with their normal development
 living in or fending for themselves in the streets or urban or rural areas without the care
of parents or a guardian or any adult supervision needed for their welfare
 being a member of an indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
 being a victim of man-made or natural disaster or calamity; or
 circumstances analogous to those abovestated which endanger the life, safety, or normal
development of children

4. Comprehensive program against child abuse, exploitation and discrimination refers to the
coordinated programs of services and facilities to protect children against:
 child prostitution and other sexual abuse;
 child trafficking;
 obscene publications and indecent shows
 other acts of abuse; and
 circumstances which threaten or endanger the survival and normal development of
children
Anti-Violence Republic Act March 08, 2004 An act defining violence against 1. Violence against women and their children refers to any act or a series of acts committed by any
Against Women No.9262 women and their children, person against a woman who is his wife, former wife, or against a woman with whom the person
and their Children providing for protective measures has or had a sexual or dating relationship, or with whom he has a common child, or against her
Act of 2004 for victims, prescribing penalties child whether legitimate or illegitimate, within or without the family abode, which result in or is
(VAWC) therefore, and for other purposes. likely to result in physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It
This act shall be liberally construed includes, but is not limited to, the following acts:
to promote the protection and A. Physical violence refers to acts that include bodily or physical harm;
safety of victims of violence against B. Sexual violence refers to an act which is sexual in nature, committed against a woman or
women and their children. her child. It includes, but is not limited to:
 rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser;
 acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
 prostituting the woman or child.
C. Psychological violence refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
D. Economic abuse refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
 withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of
the Family Code;
 deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
 destroying household property;
 controlling the victims' own money or properties or solely controlling the conjugal
money or properties.

2. Battery refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

3. Battered Woman Syndrome refers to a scientifically defined pattern of psychological and


behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.

4. Stalking refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.

5. Dating relationship refers to a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

6. Sexual relations refers to a single sexual act which may or may not result in the bearing of a
common child.

7. Safe place or shelter refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.

8. Children refers to those below eighteen (18) years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
The Convention on Known as Philippines Consisting of a preamble and 30 1. Discrimination against women refers to any distinction, exclusion or restriction made on the
the Elimination of “International signed on 15 articles, it defines what constitutes basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment
All Forms of Bill of Rights of July 1980 and discrimination against women and or exercise by women, irrespective of their marital status, on a basis of equality of men and
Discrimination Women” ratified it on 5 sets up an agenda for national women, of human rights and fundamental freedoms in the political, economic, social, cultural,
against Women August 1981 action to end such discrimination. civil or any other field
(CEDAW)
Elimination of the Republic Act No. Signed An act providing for the elimination 1. Child shall apply to all persons under eighteen (18) years of age.
Worst Forms of 9231 December 19, of the worst forms of child labor
Child Labor 2003 and affording stronger protection
for the working child, amending for
this purpose republic act no. 7610,
as amended, otherwise known as
the "Special Protection of Children
Against Child Abuse, Exploitation
and Discrimination Act”
Anti-Child Republic Act No. An act defining the crime of child 1. Child refers to a person below eighteen (18) years of age or over, but is unable to fully take
Pornography Act 9775 pornography, prescribing penalties care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a
of 2009 therefor and for other purposes physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
 a person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and
 computer-generated, digitally or manually crafted images or graphics of a person who is
represented or who is made to appear to be a child as defined herein.

2. Child pornography refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged
or involved in real or simulated explicit sexual activities.

3. Explicit Sexual Activity includes actual or simulated -


 As to form:
a. sexual intercourse or lascivious act including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or oral to anal, whether between
persons of the same or opposite sex;
b. bestiality;
c. masturbation;
d. sadistic or masochistic abuse;
e. lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
f. use of any object or instrument for lascivious acts

4. Internet address refers to a website, bulletin board service, internet chat room or news group,
or any other internet or shared network protocol address.

5. Internet cafe or kiosk refers to an establishment that offers or proposes to offer services to the
public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.

6. Internet content host refers to a person who hosts or who proposes to host internet content in
the Philippines.

7. Internet service provider (ISP) refers to a person or entity that supplies or proposes to supply,
an internet carriage service to the public.

8. Grooming refers to the act of preparing a child or someone who the offender believes to be a
child for sexual activity or sexual relationship by communicating any form of child pornography. It
includes online enticement or enticement through any other means.

9. Luring refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission
of sexual activity or production of any form of child pornography.(2) Bestiality;

10. Pandering refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to
believe that the material or purported material contains any form of child pornography,
regardless of the actual content of the material or purported material.

11. Person refers to any natural or juridical entity.


Magna Carta of Republic Act August 14, 2009 Comprehensive women’s human 1. Women Empowerment refers to the provision, availability, and accessibility of opportunities,
Women (MCW) 9710 rights law that seeks to eliminate services, and observance of human rights which enable women to actively participate and
discrimination through the contribute to the political, economic, social, and cultural development of the nation as well as
recognition, protection, fulfillment, those which shall provide them equal access to ownership, management, and control of
and promotion of the rights of production, and of material and informational resources and benefits in the family, community,
Filipino women, especially those and society.
belonging in the marginalized
sectors of the society. It conveys a 2. Discrimination Against Women refers to any gender-based distinction, exclusion, or restriction
framework of rights for women which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise
based directly on international law. by women, irrespective of their marital status, on a basis of equality of men and women, of
human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any
Establishes the Philippine other field.
government’s pledge of  It includes any act or omission, including by law, policy, administrative measure, or
commitment to the Convention on practice, that directly or indirectly excludes or restricts women in the recognition and
the Elimination of All Forms of promotion of their rights and their access to and enjoyment of opportunities, benefits, or
Discrimination against Women’s privileges.
(CEDAW) Committee in its 36th  A measure or practice of general application is discrimination against women if it fails to
Session in 2006 and to the UN provide for mechanisms to offset or address sex or gender-based disadvantages or
Human Rights Council on its first limitations of women, as a result of which women are denied or restricted in the
Universal Periodic Review in 2009. recognition and protection of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men, are shown to have
It is the local translation of the suffered the greater adverse effects of those measures or practices.
provisions of the CEDAW,  Provided, finally, that discrimination compounded by or intersecting with other grounds,
particularly in defining gender status, or condition, such as ethnicity, age, poverty, or religion shall be considered
discrimination, state obligations, discrimination against women under this Act.
substantive equality, and temporary
special measures. 3. Marginalization refers to a condition where a whole category of people is excluded from useful
and meaningful participation in political, economic, social, and cultural life.
It also recognizes human rights
guaranteed by the International 4. Marginalized refers to the basic, disadvantaged, or vulnerable persons or groups who are
Covenant on Economic, Social and mostly living in poverty and have little or no access to land and other resources, basic social and
Cultural Rights (ICESCR). economic services such as health care, education, water and sanitation, employment and
livelihood opportunities, housing, social security, physical infrastructure, and the justice system.
These include, but are not limited to, women in the following sectors and groups:
a. Small Farmers and Rural Workers refers to those who are engaged directly or indirectly
in small farms and forest areas, workers in commercial farms and plantations, whether
paid or unpaid, regular or season-bound. These shall include, but are not limited to, (a)
small farmers who own or are still amortizing for lands that is not more than three (3)
hectares, tenants, leaseholders, and stewards; and (b) rural workers who are either wage
earners, self-employed, unpaid family workers directly and personally engaged in
agriculture, small-scale mining, handicrafts, and other related farm and off-farm activities;
b. Fisherfolk refers to those directly or indirectly engaged in taking, culturing, or processing
fishery or aquatic resources. These include, but are not to be limited to, women engaged
in fishing in municipal waters, coastal and marine areas, women workers in commercial
fishing and aquaculture, vendors and processors of fish and coastal products, and
subsistence producers such as shell-gatherers, managers, and producers of mangrove
resources, and other related producers;
c. Urban Poor refers to those residing in urban and urbanizable slum or blighted areas, with
or without the benefit of security of abode, where the income of the head of the family
cannot afford in a sustained manner to provide for the family’s basic needs of food,
health, education, housing, and other essentials in life;
d. Workers in the Formal Economy refers to those who are employed by any person acting
directly or indirectly in the interest of an employer in relation to an employee and shall
include the government and all its branches, subdivisions, and instrumentalities, all
government-owned and -controlled corporations and institutions, as well as nonprofit
private institutions or organizations;
e. Workers in the Informal Economy refers to self-employed, occasionally or personally
hired, subcontracted, paid and unpaid family workers in household incorporated and
unincorporated enterprises, including home workers, micro-entrepreneurs and
producers, and operators of sari-sari stores and all other categories who suffer from
violation of workers’ rights;
f. Migrant Workers refers to Filipinos who are to be engaged, are engaged, or have been
engaged in a remunerated activity in a State of which they are not legal residents,
whether documented or undocumented;
g. Indigenous Peoples refers to a group of people or homogenous societies identified by
self-ascription and ascription by other, who have continuously lived as organized
community on communally bounded and defined territory, and who have, under claims
of ownership since time immemorial, occupied, possessed customs, tradition, and other
distinctive cultural traits, or who have, through resistance to political, social, and cultural
inroads of colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos. They shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations which
inhabited the country, at the time of conquest or colonization, or at the time of inroads
of non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural, and political
institutions, but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains as defined under Section 3 (h), Chapter II
of Republic Act No. 8371, otherwise known as “The Indigenous Peoples Rights Act of
1997” (IPRA of 1997);
h. Moro refers to native peoples who have historically inhabited Mindanao, Palawan, and
Sulu, and who are largely of the Islamic faith;
i. Children refers to those who are below eighteen (18) years of age or over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition;
j. Senior Citizens refers to those sixty (60) years of age and above;
k. Persons with Disabilities refers to those who are suffering from restriction or different
abilities, as a result of a mental, physical, or sensory impairment to perform an activity in
the manner or within the range considered normal for a human being; and
l. Solo Parents refers to those who fall under the category of a solo parent defined under
Republic Act No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000”.

5. Substantive Equality refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act. It encompasses de jure and de facto equality and also equality in
outcomes.

6. Gender Equality refers to the principle asserting the equality of men and women and their
right to enjoy equal conditions realizing their full human potentials to contribute to and benefit
from the results of development, and with the State recognizing that all human beings are free
and equal in dignity and rights.

7. Gender Equity refers to the policies, instruments, programs, services, and actions that address
the disadvantaged position of women in society by providing preferential treatment and
affirmative action. Such temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards. These measures shall be
discontinued when the objectives of equality of opportunity and treatment have been achieved.

8. Gender and Development (GAD) refers to the development perspective and process that are
participatory and empowering, equitable, sustainable, free from violence, respectful of human
rights, supportive of self-determination and actualization of human potentials. It seeks to achieve
gender equality as a fundamental value that should be reflected in development choices; seeks to
transform society’s social, economic and political structures and questions the validity of the
gender roles they ascribed to women and men; contends that women are active agents of
development and not just passive recipients of development assistance; and stresses the need of
women to organize themselves and participate in political processes to strengthen their legal
rights.

9. Gender Mainstreaming refers to the strategy for making women’s as well as men’s concerns
and experiences an integral dimension of the design, implementation, monitoring, and evaluation
of policies and programs in all political, economic, and societal spheres so that women and men
benefit equally and inequality is not perpetuated. It is the process of assessing the implications
for women and men of any planned action, including legislation, policies, or programs in all areas
and at all levels.

10. Temporary Special Measures refers to a variety of legislative, executive, administrative, and
regulatory instruments, policies, and practices aimed at accelerating this de facto equality of
women in specific areas. These measures shall not be considered discriminatory but shall in no
way entail as a consequence the maintenance of unequal or separate standards. They shall be
discontinued when their objectives have been achieved.

11. Violence Against Women refers to any act of gender-based violence that results in, or is likely
to result in, physical, sexual, or psychological harm or suffering to women, including threats of
such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private
life. It shall be understood to encompass, but not limited to, the following:
a. Physical, sexual, psychological, and economic violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence,
marital rape, and other traditional practices harmful to women, non-spousal violence,
and violence related to exploitation;
b. Physical, sexual, and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment, and intimidation at work, in educational
institutions and elsewhere, trafficking in women, and prostitution; and
c. Physical, sexual, and psychological violence perpetrated or condoned by the State,
wherever it occurs.

 It also includes acts of violence against women as defined in Republic Acts No. 9208 and
9262.
12. Women in the Military refers to women employed in the military, both in the major and
technical services, who are performing combat and/or noncombat functions, providing security to
the State, and protecting the people from various forms of threat. It also includes women trainees
in all military training institutions.

13. Social Protection refers to policies and programs that seek to reduce poverty and vulnerability
to risks and enhance the social status and rights of all women, especially the marginalized by
promoting and protecting livelihood and employment, protecting against hazards and sudden
loss of income, and improving people’s capacity to manage risk. Its components are labor market
programs, social insurance, social welfare, and social safety nets.
The Responsible Republic Act July 23, 2012 An act providing for a National 1. Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus
Parenthood and 10354 Policy on Responsible Parenthood inside the mother’s womb or the prevention of the fertilized ovum to reach and be implanted in
Reproductive and Reproductive Health. the mother’s womb upon determination of the FDA.
Health Act of 2012
2. Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who are
in transition from childhood to adulthood.
3. Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving services for
emergency maternal and newborn conditions/complications being provided by a health facility or
professional to include the following services: administration of parenteral oxytocic drugs,
administration of dose of parenteral anticonvulsants, administration of parenteral antibiotics,
administration of maternal steroids for preterm labor, performance of assisted vaginal deliveries,
removal of retained placental products, and manual removal of retained placenta. It also includes
neonatal interventions which include at the minimum: newborn resuscitation, provision of
warmth, and referral, blood transfusion where possible.

4. Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to lifesaving services
for emergency maternal and newborn conditions/complications as in Basic Emergency Obstetric
and Newborn Care plus the provision of surgical delivery (caesarian section) and blood bank
services, and other highly specialized obstetric interventions. It also includes emergency neonatal
care which includes at the minimum: newborn resuscitation, treatment of neonatal sepsis
infection, oxygen support, and antenatal administration of (maternal) steroids for threatened
premature delivery.

5. Family planning refers to a program which enables couples and individuals to decide freely and
responsibly the number and spacing of their children and to have the information and means to
do so, and to have access to a full range of safe, affordable, effective, non-abortifacient modem
natural and artificial methods of planning pregnancy.

6. Fetal and infant death review refers to a qualitative and in-depth study of the causes of fetal
and infant death with the primary purpose of preventing future deaths through changes or
additions to programs, plans and policies.

7. Gender equality refers to the principle of equality between women and men and equal rights
to enjoy conditions in realizing their full human potentials to contribute to, and benefit from, the
results of development, with the State recognizing that all human beings are free and equal in
dignity and rights. It entails equality in opportunities, in the allocation of resources or benefits, or
in access to services in furtherance of the rights to health and sustainable human development
among others, without discrimination.

8. Gender equity refers to the policies, instruments, programs and actions that address the
disadvantaged position of women in society by providing preferential treatment and affirmative
action. It entails fairness and justice in the distribution of benefits and responsibilities between
women and men, and often requires women-specific projects and programs to end existing
inequalities. This concept recognizes that while reproductive health involves women and men, it
is more critical for women’s health.
9. Male responsibility refers to the involvement, commitment, accountability and responsibility of
males in all areas of sexual health and reproductive health, as well as the care of reproductive
health concerns specific to men.

10. Maternal death review refers to a qualitative and in-depth study of the causes of maternal
death with the primary purpose of preventing future deaths through changes or additions to
programs, plans and policies.

11. Maternal health refers to the health of a woman of reproductive age including, but not limited
to, during pregnancy, childbirth and the postpartum period.

12. Modern methods of family planning refers to safe, effective, non-abortifacient and legal
methods, whether natural or artificial, that are registered with the FDA, to plan pregnancy.
(m) Natural family planning refers to a variety of methods used to plan or prevent pregnancy
based on identifying the woman’s fertile days.

13. Public health care service provider refers to:


1. public health care institution, which is duly licensed and accredited and devoted primarily
to the maintenance and operation of facilities for health promotion, disease prevention,
diagnosis, treatment and care of individuals suffering from illness, disease, injury,
disability or deformity, or in need of obstetrical or other medical and nursing care;
2. public health care professional, who is a doctor of medicine, a nurse or a midwife;
3. public health worker engaged in the delivery of health care services; or
4. barangay health worker who has undergone training programs under any accredited
government and NGO and who voluntarily renders primarily health care services in the
community after having been accredited to function as such by the local health board in
accordance with the guideline’s promulgated by the Department of Health (DOH).

14. Poor refers to members of households identified as poor through the NHTS-PR by the
Department of Social Welfare and Development (DSWD) or any subsequent system used by the
national government in identifying the poor.

15. Reproductive Health (RH) refers to the state of complete physical, mental and social well-
being and not merely the absence of disease or infirmity, in all matters relating to the
reproductive system and to its functions and processes. This implies that people are able to have
a responsible, safe, consensual and satisfying sex life, that they have the capability to reproduce
and the freedom to decide if, when, and how often to do so. This further implies that women and
men attain equal relationships in matters related to sexual relations and reproduction.

16. Reproductive health care refers to the access to a full range of methods, facilities, services and
supplies that contribute to reproductive health and well-being by addressing reproductive
health-related problems. It also includes sexual health, the purpose of which is the enhancement
of life and personal relations. The elements of reproductive health care include the following:
a. Family planning information and services which shall include as a first priority making
women of reproductive age fully aware of their respective cycles to make them aware of
when fertilization is highly probable, as well as highly improbable;
b. Maternal, infant and child health and nutrition, including breastfeeding;
c. Proscription of abortion and management of abortion complications;
d. Adolescent and youth reproductive health guidance and counseling;
e. Prevention, treatment and management of reproductive tract infections (RTIs), HIV and
AIDS and other sexually transmittable infections (STIs);
f. Elimination of violence against women and children and other forms of sexual and
gender-based violence;
g. Education and counseling on sexuality and reproductive health;
h. Treatment of breast and reproductive tract cancers and other gynecological conditions
and disorders;
i. Male responsibility and involvement and men’s reproductive health;
j. Prevention, treatment and management of infertility and sexual dysfunction;
k. Reproductive health education for the adolescents; and
l. Mental health aspect of reproductive health care.

17. Reproductive health care program refers to the systematic and integrated provision of
reproductive health care to all citizens prioritizing women, the poor, marginalized and those
invulnerable or crisis situations.

18. Reproductive health rights refers to the rights of individuals and couples, to decide freely and
responsibly whether or not to have children; the number, spacing and timing of their children; to
make other decisions concerning reproduction, free of discrimination, coercion and violence; to
have the information and means to do so; and to attain the highest standard of sexual health and
reproductive health: Provided, however, That reproductive health rights do not include abortion,
and access to abortifacients.

19. Reproductive health and sexuality education refers to a lifelong learning process of providing
and acquiring complete, accurate and relevant age- and development-appropriate information
and education on reproductive health and sexuality through life skills education and other
approaches.

20. Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and other
types of infections affecting the reproductive system.

21. Responsible parenthood refers to the will and ability of a parent to respond to the needs and
aspirations of the family and children. It is likewise a shared responsibility between parents to
determine and achieve the desired number of children, spacing and timing of their children
according to their own family life aspirations, taking into account psychological preparedness,
health status, sociocultural and economic concerns consistent with their religious convictions.

22. Sexual health refers to a state of physical, mental and social well-being in relation to sexuality.
It requires a positive and respectful approach to sexuality and sexual relationships, as well as the
possibility of having pleasurable and safe sexual experiences, free from coercion, discrimination
and violence.

23. Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed on
through sexual contact, use of IV, intravenous drug needles, childbirth and breastfeeding.

24. Skilled birth attendance refers to childbirth managed by a skilled health professional including
the enabling conditions of necessary equipment and support of a functioning health system,
including transport and referral faculties for emergency obstetric care.
25. Skilled health professional refers to a midwife, doctor or nurse, who has been educated and
trained in the skills needed to manage normal and complicated pregnancies, childbirth and the
immediate postnatal period, and in the identification, management and referral of complications
in women and newborns.

26. Sustainable human development refers to bringing people, particularly the poor and
vulnerable, to the center of development process, the central purpose of which is the creation of
an enabling environment in which all can enjoy long, healthy and productive lives, done in the
manner that promotes their rights and protects the life opportunities of future generations and
the natural ecosystem on which all life depends.
Domestic Adoption Republic Act No. February 25, An act establishing the rules and 1. Child is a person below eighteen (18) years of age.
Act of 1998 8552 1998 policies on the domestic adoption
of Filipino children and for other 2. A child legally available for adoption refers to a child who has been voluntarily or involuntarily
purposes. committed to the Department or to a duly licensed and accredited child-placing or child-caring
agency freed of the parental authority of his/her biological parent(s) or guardian or adopters) in
case of rescission of adoption.

3. Voluntarily committed child is one whose parent(s) knowingly and willingly relinquishes
parental authority to the Department.

4. Involuntarily committed child is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities.

5. Abandoned child refers to one who has no proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at least six (6) continuous months and has been
judicially declared as such.

6. Supervised trial custody is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial
relationship.

7. Department refers to the Department of Social Welfare and Development.

8. Child-placing agency is a duly licensed and accredited agency by the Department to provide
comprehensive child welfare services including, but not limited to, receiving applications for
adoption, evaluating the prospective adoptive parents, and preparing the adoption home study.

9. Child-caring agency is a duly licensed and accredited agency by the Department that provides
twenty four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily
committed.
10. Simulation of birth’ is the tampering of the civil registry making it appear in the birth records
that a certain child was born to a person who is not his/her biological mother, causing such child
to lose his/her true identity and status.
The Inter-Country Republic Act June 7, 1995 An act establishing the rules to 1. Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a
Adoption Act of 8043 govern inter-country adoption of foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the
1995 Filipino children, and for other supervised trial custody is undertaken, and the decree of adoption is issued outside the
purposes” Philippines.

2. Child means a person below fifteen (15) years of age unless sooner emancipated by law.

3. Department refers to the Department of Social Welfare and Development of the Republic of
the Philippines.

4. Secretary refers to the Secretary of the Department of Social Welfare and Development.

5. Authorized and accredited agency refers to the State welfare agency or a licensed adoption
agency in the country of the adopting parents which provide comprehensive social services and
which is duly recognized by the Department.

6. Legally-free child means a child who has been voluntarily or involuntarily committed to the
Department, in accordance with the Child and Youth Welfare Code.

7. Matching refers to the judicious pairing of the adoptive child and the applicant to promote a
mutually satisfying parent-child relationship.

8. Board refers to the Inter-country Adoption Board.


Early Childhood Republic Act An act promulgating a 1. Early Childhood Care and Development (ECCD) System refers to the full range of health,
Care and 8980 comprehensive policy and a nutrition, early education and social services programs that provide for the basic holistic needs of
Development Act national system for Early Childhood young children from birth to age six (6), to promote their optimum growth and development.
(ECCD Act) Care and Development, providing These programs include:
funds therefore and for other a. Center-based programs, such as the day care service established under Republic Act No.
purposes. 6972, public and private pre-schools, kindergarten or school-based programs,
community or church-based early childhood education programs initiated by non-
government organizations or people’s organizations, workplace-related child care and
education programs, child-minding centers, health centers and stations; and
b. Home-based programs, such as the neighborhood-based play groups, family day care
programs, parent education and home visiting programs.

2. ECCD Service Providers include the various professionals, paraprofessionals, and volunteer
caregivers who are directly responsible for the care and education of young children through the
various center and home-based programs. They include, but are not limited to, day care workers,
teachers, teacher-aides, rural health midwives, social workers, community health workers,
barangay nutrition scholars, parent effectiveness service volunteers, child development workers,
and family day care providers.

3. ECCD Curriculum refers to the age-appropriate and developmentally appropriate educational


objectives, program of activities, organized learning experiences and recommended learning
materials for children that are implemented by service providers through center and home-based
programs. It shall consist of national program goals and guidelines, instructional objectives, and
content outlines integrating local learning experiences and indigenous learning materials.

4. Parent Education refers to the various formal and alternative means of providing parents with
information, skills, and support systems to assist them in their roles as their children’s primary
caregivers and educators. These include public and private parent education programs linked to
center, home and media-based child care and education programs.
Expanded Anti- Republic Act No. Approved An act expanding republic act no. 1. Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
Trafficking in 10364 February 6, 2013 9208, entitled “an act to institute transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s
Persons Act of policies to eliminate trafficking in consent or knowledge, within or across national borders by means of threat, or use of force, or
2012 Begun & held persons especially women and other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
on 23, July 2012 children, establishing the necessary advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits
institutional mechanisms for the to achieve the consent of a person having control over another person for the purpose of
protection and support of trafficked exploitation which includes at a minimum, the exploitation or the prostitution of others or other
persons, providing penalties for its forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
violations and for other purposes.” organs.
 The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does
not involve any of the means set forth in the preceding paragraph.

2. Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

3. Prostitution – refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.

4. Forced Labor – refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any
work or service extracted from any person under the menace of penalty.

5. Slavery – refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
6. Involuntary Servitude – refers to a condition of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did
not enter into or continue in such condition, he or she or another person would suffer serious
harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.

7. Sex Tourism – refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.

8. Sexual Exploitation – refers to participation by a person in prostitution, pornography or the


production of pornography, in exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of intimidation or threat, use of force, or
other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as
provided in this Act.

9. Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt.

10. Pornography – refers to any representation, through publication, exhibition, cinematography,


indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.

11. Council – shall mean the Inter-Agency Council Against Trafficking created under Section 20 of
this Act.”
Solo Parents Republic Act An act providing for benefits and 1. Solo parent – any individual who falls under any of the following categories:
Welfare Act of 8972 privileges to solo parents and their  A woman who gives birth as a result of rape and other crimes against chastity even
2000 children, appropriating funds without a final conviction of the offender: Provided, That the mother keeps and raises the
therefor and for other purposes. child;
 Parent left solo or alone with the responsibility of parenthood due to death of spouse;
 Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;
 Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;
 Parent left solo or alone with the responsibility of parenthood due to legal separation or
de facto separation from spouse for at least one (1) year, as long as he/she is entrusted
with the custody of the children;
 Parent left solo or alone with the responsibility of parenthood due to declaration of ‘ity
or annulment of marriage as decreed by a court or by a church as long as he/she is
entrusted with the custody of the children;
 Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;
 Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;
 Any other person who solely provides parental care and support to a child or children;
 Any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits under this Act, such that
he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her
eligibility for these benefits.

2. Children – refer to those living with and dependent upon the solo parent for support who are
unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18)
years but are incapable of self-support because of mental and/or physical defect/disability.

3. Parental responsibility – with respect to their minor children shall refer to the rights and duties
of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known
as the “Family Code of the Philippines.”

4. Parental leave – shall mean leave benefits granted to a solo parent to enable him/her to
perform parental duties and responsibilities where physical presence is required.

5. Flexible work schedule – is the right granted to a solo parent employee to vary his/her arrival
and departure time without affecting the core work hours as defined by the employer.
Social Work Law Republic Act Approved An act to regulate the practice of 1. Social work is the profession which is primarily concerned with organized social service activity
4373 November 7, social work and the operation of aimed to facilitate and strengthen basic social relationships and the mutual adjustment between
2000 social work agencies in the individuals and their social environment for the good of the individual and of society by the use
Philippines and for other purposes. of social work methods.

2. A "social worker" as used in this Act is a practitioner who by accepted academic training and
social work professional experience possesses the skill to achieve the objectives as defined and
set by the social work profession, through the use of the basic methods and techniques of social
work (case work, group work, and community organization) which are designed to enable
individuals, groups and communities to meet their needs and to solve the problems of
adjustment to a hanging pattern of society and, through coordinated action, to improve
economic and social conditions, and is connected with an organized social work agency which is
supported partially or wholly from government or community solicited funds.

c. A "social work agency" is a person, corporation or organization, private or governmental, that


engages mainly and generally, or represents itself to engage in social welfare work, whether case
work, group work, or community work, and obtains its finances, either totally or in part, from any
agency or instrumentality of the government and/or from the community by direct or indirect
solicitations and/or fund drives, and/or private endowment.
Child & youth
Welfare Act
Comprehensive Republic Act No. June 7, 2002 An act instituting the 1. Administer – Any act of introducing any dangerous drug into the body of any person, with or
Dangerous Drugs 9165 comprehensive dangerous drugs without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing
Act of 2002 act of 2002, repealing Republic Act any act of indispensable assistance to a person in administering a dangerous drug to
no. 6425, otherwise known as the himself/herself unless administered by a duly licensed practitioner for purposes of medication.
dangerous drugs act of 1972, as
amended, providing funds therefor, 2. Board - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
and for other purposes
3. Centers - Any of the treatment and rehabilitation centers for drug dependents referred to in
Section 34, Article VIII of this Act.

4. Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-
transit, manufactured or procured controlled precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.

5. Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug
and/or controlled precursor and essential chemical.

6. Confirmatory Test. – An analytical test using a device, tool or equipment with a different
chemical or physical principle that is more specific which will validate and confirm the result of
the screening test.

7. Controlled Delivery. – The investigative technique of allowing an unlawful or suspect


consignment of any dangerous drug and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be derived directly or indirectly from any
offense, to pass into, through or out of the country under the supervision of an authorized
officer, with a view to gathering evidence to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that offense.

9. Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the
1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the attached annex, which is an integral part of this Act.

10. Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.

11. Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed
to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex
which is an integral part of this Act.

12. Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.

13. Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used
in any form.

14. Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug
with or without the use of prescription.

15. Drug Dependence. – As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

16. Drug Syndicate. – Any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under this Act.

17. Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort, employed by the maintainer, owner and/or operator
where any dangerous drug and/or controlled precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without compensation, in connection with the
operation thereof.

18. Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities prescribed under this Act.

19. Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.
20. Instrument. – Any thing that is used in or intended to be used in any manner in the
commission of illegal drug trafficking or related offenses.

21. Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used,
intended for use or designed for use in the manufacture of any dangerous drug and/or
controlled precursor and essential chemical, such as reaction vessel, preparative/purifying
equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.

22. Manufacture. – The production, preparation, compounding or processing of any dangerous


drug and/or controlled precursor and essential chemical, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of chemical synthesis or
by a combination of extraction and chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the preparation, compounding, packaging or
labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her
administration or dispensation of such drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis of dangerous drugs or such
substances that are not intended for sale or for any other purpose.

23. Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. –
Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not
limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting
tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any form whatsoever.

24. Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any


other name. – Refers to the drug having such chemical composition, including any of its isomers
or derivatives in any form.

25. Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its


any other name. – Refers to the drug having such chemical composition, including any of its
isomers or derivatives in any form.

26. Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient;
opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared
for use or not.
27. Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the
seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for
floral, decorative and culinary purposes.

28. PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.

29. Person. – Any entity, natural or juridical, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into obligations.

30. Planting of Evidence. – The willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in
the person, house, effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of this Act.

31. Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the Philippines.

32. Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

33. Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous
drugs or who acts as a broker in any of such transactions, in violation of this Act.

34. School. – Any educational institution, private or public, undertaking educational operation for
pupils/students pursuing certain studies at defined levels, receiving instructions from teachers,
usually located in a building or a group of buildings in a particular physical or cyber site.

35. Screening Test. – A rapid test performed to establish potential/presumptive positive result.

36. Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.

37. Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat
rooms or acting as a broker in any of such transactions whether for money or any other
consideration in violation of this Act.

38. Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological
system of the body, and of the dangerous drugs.
Magna Carta for Republic Act No. Begun and held An act expanding the benefits and
Persons with 10754 on 27, July 2015 privileges of persons with disability
Disability (PWD)
Expanded Senior Republic Act No. Begun and held An act granting additional benefits 1. Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years
Citizens Act of 9994 on July 27, 2009 and privileges to senior citizens, old;
2010 further amending republic act no.
7432, as amended, otherwise known 2. Geriatrics refer to the branch of medical science devoted to the study of the biological and
as "an act to maximize the physical changes and the diseases of old age;
contribution of senior citizens to
nation building, grant benefits and 3. Lodging establishment refers to a building, edifice, structure, apartment or house including
special privileges and for other tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing
purposes." facilities to transients, tourists or travelers;

4. Medical Services refer to hospital services, professional services of physicians and other health
care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or
treatment of an illness or injury;

5. Dental services to oral examination, cleaning, permanent and temporary filling, extractions and
gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar
or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or
treatment of an illness or injury;

6. Nearest surviving relative refers to the legal spouse who survives the deceased senior citizen:
Provided, That where no spouse survives the decedent, this shall be limited to relatives in the
following order of degree of kinship: children, parents, siblings, grandparents, grandchildren,
uncles and aunts;

7. Home health care service refers to health or supportive care provided to the senior citizen
patient at home by licensed health care professionals to include, but not limited to, physicians,
nurses, midwives, physical therapist and caregivers; and

8. Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and without
pension or permanent source of income, compensation or financial assistance from his/her
relatives to support his/her basic needs, as determined by the Department of Social Welfare and
development (DSWD) in consultation with the National Coordinating and Monitoring Board."
Mendicancy Law of Presidential Signed on June Establishing an integrated system 1. Mendicant refers to any person, except those enumerated in Section 4 of this Decree, who has
1978 Decree No. 1563 11, 1978 for the control and eradication of no visible and legal means of support, or lawful employment and who is physically able to work
mendicancy, providing penalties, but neglects to apply himself to some lawful calling and instead uses begging as a means of
appropriating funds therefor, and living.
for other purposes.
2. Exploited Infant or Child refers to an infant or child 8 years and below who is used in begging
or one who accompanies a habitual vagrant or beggar.

3. Habitual Mendicant refers to one who has been convicted of mendicancy under this Decree
two or more times.
4. Duly Licensed Child Placement Agency or Individual is an institution or person licensed by the
Department of Social Services and Development to assume the care, custody, protection and
maintenance of children for placement in any child-caring institution or home under the care and
custody of any person for purposes of adoption, guardianship or foster care.

5. Integrated Developmental Package of Services include the following:


 Preventive services to measures that forestall the occurrence of situations identified as
contributory to mendicancy;
 Habilitative services refer to measures which provide environmental or socio-economic
conditions for the exploited infant or child which maximize possibilities and opportunities
for the enjoyment of satisfactory equality of life before the formation of undesirable
attitudes and values or the onset of conditions most conducive to mendicancy;
 Interceptive services are measures which channel or direct the growth potential and
productive energy of the mendicant infant, child, youth or adult to offset the effect of
factors contributing to mendicancy;
 Remedial services refer to measures intended to meet the basic needs and improve living
condition of the mendicant; and
 Rehabilitative services refer to medical, social, educational, psychological and vocational
measures to develop and/or restore the mendicant to the fullest state of well-being or
economic usefulness of which he is capable, and to engage in a gainful occupation.
The Solicitation Presidential Signed on June
Permit Law Decree No. 1564 11, 1978
Anti-Sexual Republic Act An act declaring sexual harassment
Harassment Act of 7877 unlawful in the employment,
1995 education or training environment,
and for other purposes.
Anti-Photo and Republic Act No. Begun and held An act defining and penalizing the 1. Broadcast means to make public, by any means, a visual image with the intent that it be viewed
Video Voyeurism 9995 on 27, July 2009 crime of photo and video by a person or persons.
Act of 2009 voyeurism, prescribing penalties
therefor, and for other purposes 2. Capture" with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.

3. Female breast" means any portion of the female breast.

4. Photo or video voyeurism" means the act of taking photo or video coverage of a person or
group of persons performing sexual act or any similar activity or of capturing an image of the
private area of a person or persons without the latter's consent, under circumstances in which
such person/s has/have a reasonable expectation of privacy, or the act of selling, copying,
reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the person/s involved, notwithstanding
that consent to record or take photo or video coverage of same was given by such person's.

5. Private area of a person" means the naked or undergarment clad genitals, public area, buttocks
or female breast of an individual.

6. Under circumstances in which a person has a reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being concerned that an image or a private area of
the person was being captured; or circumstances in which a reasonable person would believe
that a private area of the person would not be visible to the public, regardless of whether that
person is in a public or private place.
Republic Act No. July 25, 2011 An act defining cybercrime, 1. Access refers to the instruction, communication with, storing data in, retrieving data from, or
10175 providing for the prevention, otherwise making use of any resources of a computer system or communication network.
investigation, suppression and the
imposition of penalties therefor and 2. Alteration refers to the modification or change, in form or substance, of an existing computer
for other purposes. data or program.

3. Communication refers to the transmission of information through ICT media, including voice,
video and other forms of data.

4. Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing


or communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in conjunction with such
device. It covers any type of computer device including devices with data processing capabilities
like mobile phones, smart phones, computer networks and other devices connected to the
internet.

5. Computer data refers to any representation of facts, information, or concepts in a form suitable
for processing in a computer system including a program suitable to cause a computer system to
perform a function and includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
6. Computer program refers to a set of instructions executed by the computer to achieve
intended results.

7. Computer system refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data. It covers any
type of device with data processing capabilities including, but not limited to, computers and
mobile phones. The device consisting of hardware and software may include input, output and
storage components which may stand alone or be connected in a network or other similar
devices. It also includes computer data storage devices or media.

8. Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders, justifications, or
relevant principles under the law.

9. Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.

10. Critical infrastructure refers to the computer systems, and/or networks, whether physical or
virtual, and/or the computer programs, computer data and/or traffic data so vital to this country
that the incapacity or destruction of or interference with such system and assets would have a
debilitating impact on security, national or economic security, national public health and safety,
or any combination of those matters.

11. Cybersecurity refers to the collection of tools, policies, risk management approaches, actions,
training, best practices, assurance and technologies that can be used to protect the cyber
environment and organization and user’s assets.

12. Database refers to a representation of information, knowledge, facts, concepts, or instructions


which are being prepared, processed or stored or have been prepared, processed or stored in a
formalized manner and which are intended for use in a computer system.

13. Interception refers to listening to, recording, monitoring or surveillance of the content of
communications, including procuring of the content of data, either directly, through access and
use of a computer system or indirectly, through the use of electronic eavesdropping or tapping
devices, at the same time that the communication is occurring.

14. Service provider refers to:


 Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and
 Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
15. Subscriber’s information refers to any information contained in the form of computer data or
any other form that is held by a service provider, relating to subscribers of its services other than
traffic or content data and by which identity can be established:
 The type of communication service used, the technical provisions taken thereto and the
period of service;
 The subscriber’s identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available on
the basis of the service agreement or arrangement; and
 Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.

16. Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination, route, time,
date, size, duration, or type of underlying service.

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